CELEX: 31974R2089
Language: en
Date: 1974-08-02 00:00:00
Title: Regulation (EEC) No 2089/74 af the Council of 2 August 1974 on the opening, allocation and administration of an autonomous Community tariff quota for 1974 for ferro-silico-manganese falling within subheading 73.02 D of the Common Customs Tariff

9 . 8 . 74                            Official Journal of the European Communities                               No L 218 /5
                              REGULATION (EEC) No 2089/74 OF THE COUNCIL
                                                     of 2 August 1974
               on the opening, allocation and administration of an autonomous Community
               tariff quota for 1974 for ferro-silico-manganese falling within subheading
                                         73.02 D of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN                                                  Benelux                            8-33
COMMUNITIES,                                                                 Denmark                           0-62
                                                                            Germany                           82-20
Having regard to the Treaty establishing the European                        France                            0-10
Economic Community, and in particular Article 28                             Ireland                            1-04
thereof ;                                                                    Italy                              3-54
                                                                             United Kingdom                     4-17 ;
Having regard to the draft Regulation submitted by
the Commission ;                                                 Whereas, since the quota is an autonomous Commu­
                                                                 nity tariff quota intended to cover additional import
Whereas, as regards ferro-silico-manganese falling               needs arising in the Community, the allocation of the
within subheading 73.02 D of the Common Customs                  additional share may be made on the basis of the
Tariff, a conventional duty-free Community tariff                actual needs expressed by each of the Member States ;
quota of 50 000 metric tons has been opened by the               whereas the United Kingdom , Ireland , Germany, the
Council for 1974 and - allocated among the Member                three Member States comprising the Benelux
States by Regulation ( EEC) No 3588 /73 (') ;                    Economic Union and Italy have stated that they
                                                                 require further supplies of 3 400 , 200, 35 000 , 1 5 400
Whereas, bearing in mind present Community produc­               and 2 500 metric tons respectively ; whereas the other
tion capacity, the abovementioned quota will not                 Member States have not used up enough of their share
cover the entire Community import requirements of                of the initial quota opened by the abovementioned
ferro-silico-manganese from third countries ; whereas            Regulation , according to the most recently available
it is therefore desirable that an autonomous Commu­              economic information and statistics, to justify at
nity tariff quota limited to 32 000 metric tons be               present their participation in the proposed supplemen­
opened ; whereas, so as not to prejudice Community               tary tariff quota ; whereas, moreover, should additional
development prospects in the production area                     needs arise subsequently in those Member States they
concerned, the quota duty applicable should be fixed             may have recourse to the procedure set up under
at 4 % ;                                                         Article 3 of this Regulation ; whereas this system of
                                                                 allocation also ensures the uniform application of the
                                                                 Common Customs Tariff ;
Whereas equal and continuous access to the quota
should be ensured for all Community importers and
the rate of duty for the tariff quota should be applied          Whereas, to take account of future import trends for
consistently to all imports until the quota is                   the product concerned , the quota should be divided
exhausted ; whereas, in the light of these principles,           into two tranches, the first being allocated among the
arrangements for the utilization of the tariff quota             abovementioned Member States and the second held
based on an allocation among Member States would                 as a reserve to cover subsequently the requirements of
seem to be consistent with the Community nature of               Member States which have exhausted their new shares
the quota ; whereas, to correspond as closely as                 and any additional requirements which might arise in
possible to the actual trend of the market in the                the other Members States ; whereas, to give importers
product in question , allocation of the quota should be          of Member States some degree of certainty, the first
in proportion to the requirements of the Member                  tranche of the tariff quota should be fixed at a rela­
States as calculated by reference to statistics of imports       tively high level which could be 30 000 metric tons ;
from third countries during a representative reference
period and to the economic outlook for the quota                 Whereas Member States may exhaust their initial
 period in question ;                                            shares at different rates ; whereas to avoid disruption
                                                                 of supplies on this account it should be provided that
Whereas , on the basis of statistics available at the time       any Member State which has almost used up its initial
and allowing for the foreseeable development of the              share   should    draw   an   additional    share   from   the
 ferro-silico-manganese market during 1974, the tariff           reserve ; whereas each time its additional share is
quota of 50 000 metric tons opened by Regulation                 almost    exhausted   a   Member     State   should    draw  a
(EEC) No 3588 / 73 was allocated in the following                further share, and so on as many times as the reserve
 percentages :                                                   allows ; whereas     the   initial  and    additional   shares
                                                                 should be valid until the end of the quota period ;
(') OJ No L 365 , 31 . 12 . 1973 , p. 31 .                       whereas this form of administration requires close
 ---pagebreak--- No L 218 / 6                        Official Journal of the European Communities                               9 . 8 . 74
collaboration    between  the Member States and the                                     Article 4
Commission , and the Commission must be in a pos­
                                                                1.    As soon as one of the Member States referred to
ition to keep account of the extent to which the
                                                               in Article 2 has used 90 % or more of its initial share
quotas have been used up and to inform the Member
States accordingly ;                                           as fixed in Article 2 ( 1 ), or of that share minus any
                                                               portion returned to the reserve pursuant to Article 6,
Whereas if at a given date in the quota period a               it shall forthwith, by notifying the Commission , draw
considerable quantity of a Member State's initial share        a second share, to the extent that the reserve so
remains unused it is essential that such State should          permits, equal to 10 % of its initial share rounded up
return a significant proportion thereof to the reserve,        as necessary to the next whole number.
in order to prevent a part of a quota from remaining
unused in one Member State while it could be used in           2.     As soon as one of the Member States, after
others ;                                                       exhausting its initial share, has used 90 % or more of
                                                               the second share drawn by it, that Member State shall
Whereas, since the Kingdom of Belgium , the                    forthwith , in the manner and to the extent provided
Kingdom of the Netherlands and the Grand Duchy of              in paragraph 1 , draw a third share equal to 5 % of its
Luxembourg are united within and jointly represented           initial share .
by the Benelux Economic Union , any measure
concerning the administration of the shares allocated          3.     As soon as one of the Member States, after
to that Economic Union may be carried out by any              exhausting its second share, has used 90 % or more of
one of its members ,                                           the third share drawn by it, that Member State shall
                                                               forthwith , and in accordance with the same con­
                                                              ditions, draw a fourth share equal to the third .
HAS ADOPTED THIS REGULATION :                                  It shall continue in this fashion until the reserve is
                                                               exhausted .
                         Article 1
                                                              4.      By way of derogation from paragraphs 1 to 3, the
1.    From the date of entry into force of this Regula­       Member States may draw shares lower than those
tion until 31 December 1974 a tariff quota of 32 000           specified in those paragraphs if there are grounds for
metric tons shall be opened within the Community in            believing that those specified may not be used in full .
respect of ferro-silico-manganese falling within              Any Member State applying this paragraph shall
subheading 73.02 D of the Common Customs Tariff.               inform the Commission of its grounds for so doing.
2. Within this quota, Community Customs Tariff                                          Article 5
duty shall be suspended at 4 % .
3.    Within this quota, Member States shall apply            Additional shares drawn pursuant to Article 4 shall be
                                                              valid until 31 December 1974 .
quota duties calculated in accordance with the rele­
vant provisions of the Act of Accession .
                                                                                        Article 6
                         Article 2
                                                              Any Member State referred to in Article 2 which on
                                                               15 October 1974 has not exhausted its initial share
1.    A first tranche of 30 000 metric tons of this
                                                               shall not later than 10 November 1974 return to the
Community tariff quota shall be allocated among
certain Member States ; the shares, which subject to           reserve the unused portion in excess of 20 % of the
Article 6 shall be valid until 31 December 1974, shall         initial amount. It may return a greater portion if there
be as follows :                                                are grounds for believing that such portion may not
                                                               be used in full .
           Benelux             8 000 metric tons
           Germany           1 8 000 metric tons              Those     Member     States   shall , not later than     10
           Ireland               100 metric tons               November 1974, notify the Commission of the total
           Italy               2 000 metric tons              quantities of the product in question imported up to
           United Kingdom 1 900 metric tons .                  and including 1 5 October 1 974 and charged against
                                                               the Community quota and of any portion of these
2.    The second tranche of 2 000 metric tons shall            initial shares returned to the reserve .
constitute a reserve .
                                                                                        Article 7
                         Article 3
                                                              The Commission shall keep an account of the shares
Should     ferro-silico-manganese     be     required  in     opened by the Member States pursuant to Articles 2, 3
Denmark or France , these Member States shall draw a           and 4 and shall , as soon as the information reaches it ,
sufficient share from the reserve to the extent that the       inform each State of the extent to which the reserve
reserve so permits .                                           has been used up .
 ---pagebreak--- 9. 8 . 74                          Official Journal of the European Communities                        No L 218/7
It shall, not later than 15 November 1974, inform the         when the product is entered with the customs authori­
Member States of the amount still in reserve following        ties for home use .
any return of shares pursuant to Article 6.                   4.    The extent to which the Member States have
It shall ensure that when an amount exhausting the            used up their shares shall be determined on the basis
reserve is drawn the amount so drawn does not exceed          of the importations charged against those shares in
the balance available, and to this end shall notify the       accordance with paragraph 3 .
amount of that balance to the Member State making
the last drawing.                                                                    Article 9
                         Article 8
                                                              Every Member State shall notify the Commission at
                                                              regular intervals of the importations charged against
                                                              its shares .
1.     The Member States shall take all appropriate
measures    to   ensure  that  additional  shares  drawn
pursuant to either Article 3 or Article 4 are opened in                              Article 10
such a way that importations may be charged withouf           The Member States and the Commission shall co­
interruption against their accumulated shares of the
                                                              operate closely to ensure that this Regulation is
relevant quota.
                                                              complied with .
2. The Member States shall ensure that importers
of the product in question established in their terri­                               A rticle 1 1
tories have free access to the shares allocated to them .
                                                              This Regulation shall enter into force on the seventh
3 . The Member States shall charge importations of            day following its publication in the Official Journal
the product in question against their shares as and            of the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 2 August 1974.
                                                                           For the Council
                                                                            The President
                                                                           B. DESTREMAU