CELEX: 31975R1802
Language: en
Date: 1975-07-10 00:00:00
Title: Regulation (EEC) No 1802/75 of the Council of 10 July 1975 opening, allocating and administering a Community tariff quota for ferro-chromium containing not less than 4 % by weight of carbon falling within subheading ex 73.02 E I of the Common Customs Tariff and extending the benefit of this quota to certain imports of ferro-chromium containing a quantity of between 3 and 4 % by weight of carbon

No L 184/ 18                          Official Journal of the European Communities                                15 . 7. 75
                              REGULATION (EEC) No 1802/75 OF THE COUNCIL
                                                      of 10 July 1975
              opening , allocating and administering a Community tariff quota for ferro-chro­
              mium containing not less than 4 % by weight of carbon falling within
              subheading ex 73.02 E I of the Common Customs Tariff and extending the
              benefit of this quota to certain imports of ferro-chromium containing a quan­
                                   tity of between 3 and 4 % by weight of carbon
THE COUNCIL OF THE EUROPEAN                                      weight of carbon are foreseeable for this quota period ;
COMMUNITIES,                                                     whereas provision should be made on a temporary
                                                                 basis for the extension of the benefit of the tariff
Having regard to the Treaty establishing the European            quota in question to these imports, limiting it
Economic Community, and in particular Article 28                 however to 20 % of the quota volume taking account
thereof ;                                                        of the existence of Community production ;
Having regard to the draft Regulation submitted by
the Commission ;                                                 Whereas equal and continuous access to the quota
                                                                 should be ensured for all Community importers and
Whereas by its Regulation (EEC) No 1 95/75 (') of 22             the rate of duty for the tariff quota should be applied
January 1975, the Council opened for 1975 and appor­             consistently to all imports until the quota is
tioned among the Member States a Community tariff                exhausted ; whereas in the light of these principles
quota of a total size of 34 500 metric tons for ferro­           arrangements for the utilization of the tariff quota
chromium containing not less than 4 % by weight of               based on an allocation among Member States would
carbon and has extended the application of this quota            seem to be consistent with the Community nature of
to certain imports of ferro-chromium containing                  the quota ; whereas, to correspond as closely as
between 3 and 4 % by weight of carbon falling within             possible to the actual trend of the market in the
subheading ex 73.02 E I of the Common Customs                    product in question , allocation of the quota should be
Tariff ;                                                         in proportion to the requirements of the Member
                                                                 States as calculated by reference to statistics of imports
Whereas for the product in question , Community                  from third countries during a representative reference
production is inadequate and producers are unable to             period and to the economic outlook for the quota
meet the total requirements of consumer industries in            period in question ;
the Community ; whereas, having regard to the most
recent economic data for 1975 on consumption ,
production , exports to third countries, imports under
the inward processing arrangements or other tariff               Whereas, however, since the quota is an autonomous
preference schemes and taking account of the stocks              Community tariff quota intended to cover import
held by a number of Member States on 31 December                 needs arising in the Community, it may, as an experi­
 1974, there is reason to assume that the additional             ment, be allocated on the basis of the temporary
Community import requirements in respect of                      import needs from third countries expressed by each
                                                                 of the Member States ; whereas, on the basis of
imports from third countries may reach the level of
34 630 metric tons during 1975 ; whereas it is there­            economic information supplied and allowing for duty
fore in the Community's interest to suspend in                   free supplies from the Community or certain third
respect of this metal the application of the Common              countries, these needs would amount to the following
Customs Tariff duty until 31 December 1975, within a             percentages of the tariff quota ;
suitable tariff quota ; whereas in order not to raise the
question of the prospects for development of the
Community production sector and taking into                      Whereas in the case of Ireland, the present state of
account the uncertainties which surround the different           drawings from its share of the initial quota of 20 000
 ferro-alloy consumption sectors, it is appropriate to fix       metric tons opened by the abovementioned Regula­
 the quota volume and the rate of duty applicable at             tion and the most recent available economic informa­
the level of 20 000 metric tons and 3 % respectively ;           tion and statistics, do not justify at present its partici­
whereas the fixing of this amount, relating to prudent            pation in the proposed increase of the Community
estimates, does not exclude future adjustment ;                   tariff quota ; whereas, moreover, should additional
                                                                  needs arise subsequently in that Member State it may
Whereas relatively limited imports of ferro-chromium              have recourse to the procedure set up under Article 3
containing a quantity of between 3 and 4 % by                    of this Regulation ; whereas this system of allocation
                                                                 also ensures the uniform application of the Common
(') OJ No L 21 , 28 . 1 . 1975, p. 2.                             Customs Tantt :
 ---pagebreak---  15 . 7 . 75                          Official Journal of the European Communities                           No L 184/ 19
           Benelux                              28-89            20 000 metric tons shall be opened within the
           Denmark                               016             Community in respect of ferro-chromium containing
          Germany                               26-67            not less than 4 % by weight of carbon falling within
          France                                 8-72           subheading ex 73.02 E I of the Common Customs
          Italy                                  6-67           Tariff.
          United Kingdom                        28-89
                                                                2.       During this period the Member States shall be
 Whereas, to take account of future import trends for           authorized within the 20 % limit of the quotas allo­
the product concerned, the quota should be divided              cated to them or which they levy on the reserve in
into two tranches, the first being allocated among the          accordance with Articles 2 and 3 to charge against the
abovementioned Member States and the second held                said tariff quota, imports of ferro-chromium
as a reserve to cover subsequently the requirements of          containing a quantity of between 3 and 4 % by
Member States which have exhausted their new shares             weight of carbon .
and any additional requirements which might arise in
the other Member States ; whereas, to give importers            3 . Within this quota, the customs tariff duty shall
of Member States some degree of certainty, the first            be suspended at 3 % .
tranche of the tariff quota should be fixed at a rela­
tively high level which could be 18 000 metric tons ;           4.       New Member States shall apply duties on
                                                                imports within this quota calculated in accordance
Whereas Member States may exhaust their initial                 with the relevant provisions of the Act of Accession .
shares at different rates ; whereas to avoid disruption
of supplies on this account it should be provided that
any Member State which has almost used up its initial                                     Article 2
share     should   draw   an   additional  share   from   the
reserve ; whereas each time its additional share is
almost exhausted a Member State             should draw a        1.      A first instalment of 18 000 metric tons of this
further share, and so on as many times as the reserve           Community tariff quota shall be allocated among the
allows, whereas       the  initial  and   additional   shares   Member States ; the shares, which subject to Article 6
should be valid until the end of the quota period ;             shall be valid until 31 December 1975, shall be as
                                                                follows :
whereas this form of administration requires close
collaboration    between     the Member States and        the
                                                                           Benelux               5 200 metric tons,
Commission and the Commission must be in a posi­                           Denmark                  30 metric tons,
tion to keep account of the extent to which the quotas
                                                                           Germany               4 800 metric tons,
have been used up and to inform the Member States                          France                1 570 metric tons,
accordingly ;                                                                                    1 200 metric tons,
                                                                           Italy
                                                                           United Kingdom        5 200 metric tons .
Whereas if at a given date in the quota period a
considerable quantity of a Member State's initial share         2.      The second instalment of 2 000 metric tons shall
remains unused it is essential that such State should
                                                                constitute a reserve .
return a significant proportion thereof to the reserve,
in order to prevent a part of a quota from remaining
unused in one Member State while it could be used in
others :                                                                                  Article 3
Whereas, since the Kingdom of Belgium , the                     Should ferro-chromium be required in Ireland, this
Kingdom of the Netherlands and the Grand Duchy of               Member State shall draw a sufficient share from the
Luxembourg are united within and jointly represented            reserve to the extent that the reserve so permits.
by the Benelux Economic Union , any measure
concerning the administration of the shares allocated
to that Economic Union may be carried out by any
one of its members,
                                                                                          Article 4
                                                                 1.     As soon as one of the Member States has used
HAS ADOPTED THIS REGULATION :                                   90 % or more of its initial share as fixed in Article 2
                                                                ( 1 ), or of that share minus any portion returned to the
                                                                reserve pursuant to Article 6, it shall forthwith, by noti­
                           Article 1                            fying the Commission , draw a second share, to the
                                                                extent that the reserve so permits, equal to 10 % of its
1.     From the date of entry into force of this Regula­        initial share rounded up as necessary to the next
tion and until 31 December 1975 a tariff quota of               whole number.
 ---pagebreak--- No L 184/20                        Official Journal of the European Communities                             15 . 7 . 75
2.     As soon as one of the Member States, after            inform each State of the extent to which the reserve
exhausting its initial share, has used 90 % or more of       has been used up.
the second share drawn by it, that Member State shall
forthwith, in the manner and to the extent provided           Not later than 5 November 1975 it shall inform the
in paragraph 1 , draw a third share equal to 5 % of its      Member States of the amounts still in reserve
initial share .
                                                              following any return of shares pursuant to Article 6.
3.     As soon as one of the Member States, after             It shall ensure that when an amount exhausting the
exhausting its second share, has used 90 % or more of         reserve is drawn, the amount so drawn does not
the share drawn by it, that Member State shall forth­         exceed the balance available, and to this end shall
with and in accordance with the same conditions,              notify the amount of that balance to the Member State
draw a fourth share equal to the third.                       making the last drawing.
This process shall continue until the reserve is
exhausted .                                                                          Article 8
4. Notwithstanding paragraphs 1 to 3, a Member                 1.    The Member States shall take all appropriate
State may draw shares lower than those specified in           measures    to  ensure  that  additional shares    drawn
those paragraphs if there are grounds for believing           pursuant to Article 3 are opened in such a way that
that those specified may not be used in full . Any            importations may be charged without interruption
Member State applying this paragraph shall inform             against their accumulated share of the tariff quota.
the Commission of its grounds for so doing.
                                                              2. The Member States shall ensure that importers
                                                              of the product in question established in their territo­
                                                              ries have free access to the shares allocated to them .
                         Article 5
                                                              3 . The Member State shall charge imports of the
 Additional shares drawn pursuant to Article 3 shall be       product in question against their shares as and when
 valid until 31 December 1975 .                               the product is entered with the customs authorities for
                                                               home use .
                                                              4.      The extent to which the Member States have
                         Article 6                             used up their shares shall be determined on the basis
                                                               of the importations charged against their shares in
                                                               accordance with paragraph 3 .
 The Member States shall not later than 1 November
 1975 return to the reserve the unused portion of their
 initial share which on 15 October 1975 exceeds 20 %
 of the initial amount. They may return a greater                                     Article 9
 portion if there are grounds for believing that such
 portion may not be used in full .                             At the request of the Commission , the Member States
                                                               shall inform it of imports charged against their shares.
 Not later than 1 November 1975 the Member States
 shall notify the Commission of the total quantities of
 the products in question imported up to and                                         Article 10
 including 15 October 1975 and charged against the
 Community quota and of any portion of their initial
 shares returned to the reserve .                              The Member States and the Commission shall coop­
                                                               erate closely to ensure that this Regulation is
                                                               complied with .
                         Article 7
                                                                                     Article 11
 The Commission shall keep an account of the shares
 opened by the Member States pursuant to Articles 2            This Regulation shall enter into force on 1 August
 and 3 and shall , as soon as the information reaches it,       1 975 .
 ---pagebreak--- 15 . 7 . 75                    Official Journal of the European Communities                      No L 184/21
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 10 July 1975.
                                                                     For the Council
                                                                       The President
                                                                       E. COLOMBO