CELEX: 31976R2863
Language: en
Date: 1976-11-23 00:00:00
Title: Council Regulation (EEC) No 2863/76 of 23 November 1976 on the opening, allocation and administration of an autonomous Community tariff quota for 1976 for ferro-silico-manganese falling within subheading 73.02 D of the Common Customs Tariff

27 . 11 . 76                        Official Journal of the European Communities                                       No L 329 / 19
                                    COUNCIL REGULATION (EEC) No 2863/76
                                                  of 23 November 1976
                on the opening, allocation and administration of an autonomous Community
                tariff quota for 1976 for ferro-silico-manganese falling within subheading 73.02
                                          D of the Common Customs Tariff
 THE COUNCIL OF THE EUROPEAN                                          nity tariff quota limited to 1 000 metric tons be
 COMMUNITIES,                                                         opened ; whereas, so as not to prejudice Community
                                                                      development prospects in the production area
 Having regard to the Treaty establishing the European                concerned, the quota duty applicable must be fixed at
 Economic Community, and in particular Article 28                     4% ;
 thereof,
                                                                      Whereas arrangements for the utilization of the tariff
 Having regard to the draft Regulation submitted by                   quota based on an allocation among Member States
 the Commission ,                                                     would seem to be consistent with the Community
                                                                      nature of the quota ; whereas to correspond as closely
Whereas, as regards ferro-silico-manganese falling                    as possible to the actual trend of the market in the
within subheading 73.02 D of the Common Customs                       product in question , allocation of the quota must be
Tariff, a conventional duty-free Community tariff                     in proportion to the requirements of the Member
 quota of 50 000 metric tons has been opened by the                   States as calculated by reference to statistics of imports
 Council for 1976 and allocated among the Member                      from third countries during a representative reference
 States by Regulation (EEC) No 2881 /75 (');                          period and to the economic outlook for the quota
Whereas, bearing in mind present Community produc­                    period in question ;
 tion capacity, the abovementioned quota will not                     Whereas, during the last three years for which statis­
cover the entire Community import requirements of                     tics are fully available, the corresponding imports, in
ferro-silico-manganese from third countries ; whereas                 metric tons, into each of the Member States were as
 it is therefore desirable that an autonomous Commu­                  follows :
                                                              1 V73             1974         1 97 . S     Average for
                                                                                                        the three years
               Benelux                                      1 8 955           21 100        10 512          16 856
               Denmark                                              0                0                0            0
               Germany                                      71 237            67 469        68 325          69 010
               France                                          1 055              521           557             711
               Ireland                                              0                0               37           12
               Italy                                        18 166            22 475        13 415          18 018
               United Kingdom                                 4 579             3 020        2 694           3 431
                                                Total     1 1 3 992          114 585        95 540         108 038
Whereas in view of these factors, the foreseeable deve­              Whereas, since this tariff quota is for a relatively small
lopment of the ferro-silico-manganese ' market in 1976               quantity, it seems possible to provide for a system of
and the shares allocated or drawn from the reserve                   use based on a single allocation and at the same time
under the tariff quota of 50 000 metric tons opened                   preserve the Community nature of the quota ; whereas
by the abovementioned Regulation ( EEC) No                           such an allocation may therefore be based on the
2881 /75, the initial percentage shares in the quota can              percentage figures shown in the table above ;
be fixed as follows :
       Benelux                                  27-00
       Denmark                                   01 0
       Germany                                  64-30                Whereas, since the Kingdom of Belgium , the
       France                                    0-50                Kingdom of the Netherlands and the Grand Duchy of
       Ireland                                   010                  Luxembourg are united within and jointly represented
       Italy                                     5-00                by the Benelux Economic Union , any measure
       United Kingdom                            3-00                concerning the administration of the shares allocated
                                                                     to that economic union may be carried out by any
(') OJ No L 292, 12. 11 . 1975, p . 14.                              one of its members ,
 ---pagebreak--- No L 329 / 20                    Official Journal of the European Communities                           27 . 11 . 76
HAS ADOPTED THIS REGULATION :                                                        Article 3
                       Article 1                            1 . Member States shall ensure that importers of the
                                                            product in question established in their territory have
1.    From the date of entry into force of this Regula­     free access to the shares allocated to them .
tion until 31 December 1976, a tariff quota of 1 000
metric tons shall be opened within the Community in         2.    The extent to which a Member State has used up
respect of ferro-silico-manganese falling within            its share shall be determined on the basis of the
subheading 73.02 D of the Common Customs Tariff.            imports of the product in question entered with the
                                                            customs authorities for home . use .
2. Within this quota, Community Customs Tariff
duty shall be suspended at 4 % .
                                                                                     Article 4
3 . Within this quota, Member States shall apply
quota duties calculated in accordance with the rele­        At the request of the Commission , the " Member States
vant provisions of the Act of Accession .                   shall inform it of the importations charged against
                                                            their shares .
                       Article 2
The Community tariff quota referred to in Article 1                                  Article 5
shall be allocated among the Member States as
follows :                                                   The Member States and the Commission shall co-op­
                                          in metric tons    erate closely to ensure that this Regulation is
     Benelux                                   270
                                                            complied with .
     Denmark                                      1
     Germany                                   643                                   Article 6
     France                                      5
     Ireland                                      1         This Regulation shall enter into force on the third day
     Italy                                      50          following its publication in the Official Journal of
     United Kingdom                             30          the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels , 23 November 1976 .
                                                                         For the Council
                                                                           The President
                                                                   A. P. L. M. M. van der STEE