CELEX: 31973R3459
Language: en
Date: 1973-12-17 00:00:00
Title: Regulation (EEC) No 3459/73 of the Council of 17 December 1973 on the opening, allocation and administration of a supplementary Community tariff quota for ferro-silico-manganese falling within subheading No 73.02 D of the Common Customs Tariff for 1973

No L 356 /4                               Official Journal of the European Communities                              27 . 12 . 73
                                REGULATION (EEC) No 3459/73 OF THE COUNCIL
                                                       of 17 December 1973
              on the opening, allocation and administration of a supplementary Community tariff
              quota for ferro-silico-manganese falling within subheading No 73.02 D of the Common
                                                      Customs Tariff for 1973
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            Whereas equal and continuous access to the quota
                                                                     should be ensured for all Community importers and
                                                                     the rate of levy for the tariff quota should be applied
                                                                     consistently to all imports of the product in question
Having regard to the Treaty establishing the                         until the quota is used up ; whereas, in the light of the
European Economic Community, and in particular                       principles outlined above, a Community tariff
Article 28 thereof;
                                                                     arrangement based on an allocation between the
                                                                     Member States would seem to preserve the
Having regard to the draft Regulation submitted by                   Community nature of the quota ; whereas to
the Commission ;                                                     represent as closely as possible the actual
                                                                     development of the market in the product in question
                                                                     the allocation should follow proportionately the
Whereas by Council Regulation (EEC ) No                              requirements of the Member States calculated both
2730/72 (*) the Council opened and allocated among                   from statistics of imports from third countries during
the Member States, for the year 1973 , a duty-free                   a representative reference period and from the
conventional Community tariff quota of 50 000                        economic outlook for the tariff period in question ;
metric tons of ferro-silico-manganese falling within
subheading No 73.02 D of the Common Customs
Tariff;                                                              Whereas in view of the statistics for 1969 to 1971 and
                                                                     of market forecasts for ferro-silico-manganese for the
                                                                     current year the percentage shares in the 50 000
Whereas in view of current Community production
                                                                     metric ton quota volume opened by the
potential, the abovementioned 50 000 metric ton                      abovementioned Regulation are as follows :
quota volume does not suffice to cover Community
import requirements for ferro-silico-manganese from
                                                                                      Benelux             8.72
third countries ; whereas it is therefore desirable to
open a supplementary Community tariff quota for a                                     France              0.21
amount which, in view of the need not to jeopardize
future expansion of this Community production                                         Germany           87.24
sector, should be restricted to 25 000 metric tons ;
whereas for the same reasons, the quota duty should                                   Italy               3.83
be set at 4 % ;
                                                                     Whereas, since the quota in question is an
Whereas, as regards the product in question, the new                 autonomous Community tariff quota which is
Member States do not have to make any movement
                                                                     intended to cover supplementary import needs arising
towards alignment of the national tariffs on the                     within the Community,             allocation of the
Common Customs Tariff; whereas the opening of a                      supplementary quota volume may be based on the
Community tariff quota thus involves no obligation                   true needs expressed by each of the Member States ;
for the new Member States to modify their customs                    whereas Germany and the three Member States
tariffs as regards third countries ; whereas therefore it            constituting the Benelux Economic Union               have
should be provided that only the Member States of
                                                                     communicated supplementary needs of some 30 000
the Community as originally constituted should use
                                                                     metric tons and 4 880 metric tons respectively ; as
the tariff quotas and charge against their shares                    regards the other Member States , the extent to which
products imported both from third countries and                      the shares allocated to them in the initial 50 000
from the new Member States ; whereas the
                                                                     metric ton quota opened by the abovementioned
Community tariff quota must reflect the terms
                                                                     Regulation has been used up and the most recent
specified above ;                                                    economic information and statistics available would
                                                                     not at present justify their participation in the
                                                                     proposed increase in the Community tariff quota ;
                                                                     whereas, should further needs later arise in those
 (') OJ No L 291 , 28 . 12 . 1972 , p . 64 .                          Member States , however, they could always invoke
 ---pagebreak--- 27. 12. 73                          Official Journal of the European Communities                             No L 356/5
Article 3 of this Regulation ; whereas this system of          subheading No 73.02 D shall be suspended up to
allocation also permits the Common Customs Tariff              4 % on a supplementary Community tariff quota of
to be applied uniformly;                                       25 000 metric tons .
Whereas, to take account of future trends of imports
of the product under consideration, the total quota                                      Article 2
volume should be divided into two tranches, the first
being shared between Germany and the Benelux and
the second held as a reserve to cover at a later date          1.     A first tranche of 24 000 metric tons shall be
the requirements of these Member States, should they           allocated among certain Member States ; the shares
use up their new share, and any further needs arising          which, subject to Article 6, shall be valid until 31
in other Member States ; whereas to give Member                December 1973 , shall be as follows :
State importers some certainty and to make it
possible to sell Community production without
                                                                           Benelux           3 680 metric tons
difficulty, the first tranche of the Community quota
should be fixed at 24 000 metric tons;
                                                                           Germany          20 320 metric tons.
Whereas the initial shares of Member States may be
used up more or less quickly; whereas, therefore, to           2.     The second tranche, of 1 000 metric tons, shall
avoid disruption of supplies any Member State which            constitute a reserve.
has almost used up its initial share, must draw a
supplementary share from the reserve ; whereas this
must be done by each Member State as each one of
its supplementary shares is almost used up, and as
many times as the reserve allows ; whereas the initial                                   Article 3
and supplementary shares must be valid until the end
of the quota period ; whereas this form of                     If needs for ferro-silico-manganese arise in France or
administration requires close collaboration between            Italy, those Member States may, to the extent that the
the Member States and the Commission, and the                  reserve is sufficient, draw an adequate share from the
Commission must be in a position to follow the                 reserve .
extent to which the quota volume has been used up
and inform the Member States thereof;
Whereas if, at a given date in the quota period, a                                       Article 4
considerable quantity of the initial share is left over
in a Member State, it is essential that each state             1.     If 90 % or more of the initial share, as defined in
should return a significant proportion to the reserve,         Article 2 ( 1 ) of either of the Member States specified
to prevent a part of the Community quota from                  in Article 2, or of that share minus the portion
remaining unused in one Member State while it could            returned to the reserve where Article 6 is applied, has
be used in others ;                                            been used up, that Member State shall without delay,
                                                               by notifying the Commission, draw a second share,
                                                               to the extent that the reserve is sufficient equal to
Whereas since the Kingdom of Belgium, the Kingdom              10 % of its initial share.
of the Netherlands and the Grand Duchy of
Luxembourg are jointly represented by the Benelux
Economic Union any measure concerning the
administration    of   the   shares allocated   to   that      2. If, after its initial share has been used up, 90 %
economic union may be carried out by one of its                or more of the second share drawn by either of the
members,                                                       Member States have been used up, that Member State
                                                               shall without delay, in accordance with the
                                                               provisions of paragraph 1 , draw a third share equal
                                                               to 5 % of its initial share .
HAS ADOPTED THIS REGULATION :
                         Article 1
                                                               3 . If, after its second share has been used up, 90 %
                                                               or more of the third share drawn by either of the
                                                               Member States has been used up, that Member State
Until 31 December 1973 the Common Customs                      shall, in accordance with the provisions of paragraph
Tariff duty on ferro-silico-manganese falling within           1 , draw up a fourth share equal to the third.
 ---pagebreak---  No L 356/6                         Official Journal of the European Communities                               27. 12 . 73
This process shall apply by analogy until the reserve          end shall specify the amount thereof to the Member
is used up.                                                    State making the last drawing.
4. Notwithstanding paragraphs 1 to 3, the
Member State in question may draw shares lower                                         Article 8
than those fixed in those paragraphs if there are
grounds for believing that those fixed may not be              1 . Member States shall take all appropriate
used up. They shall inform the Commission of their             measures to ensure that supplementary shares drawn
reasons for applying this paragraph.                           pursuant to Article 3 or 4 are opened in such a way
                                                               that charges may be made, without interruption,
                         Article 5                             against their cumulative shares of the Community
                                                               quota .
Supplementary shares drawn pursuant to Article 4
shall be valid until 31 December 1973 .                        2. Each Member State shall ensure that importers
                                                               of the product in question established in its territory
                                                               have free access to the shares allocated to it.
                         Article 6
                                                               3 . Member States shall charge imports of the
Either of the Member States specified in Article 2             product in question both from third countries and
which on 15 November 1973 has not used up its                  from new Member States against their share as and
initial share shall return to the reserve not later than       when the product is entered for home use.
10 December 1973 the unused portion exceeding
20 % of the initial amount. It may return a greater            4.    The extent to which a Member State has used
portion if there are grounds for believing that it may
not be used up.                                                up its share shall be determined on the basis of
                                                               imports charged against it in accordance with
Those Member States shall, not later than 10                   paragraph 3 .
December 1973 , notify to the Commission the total
quantities of the product in question imported up to
and including 15 November 1973 and charged                                             Article 9
against the Community quota and any quantities
returned to the reserve.                                       Member States shall regularly inform the
                                                                Commission of imports actually charged against their
                                                               shares .
                         Article 7
The Commission shall keep an account of the shares                                     Article 10
opened by the Member States pursuant to Articles 2,
3 and 4 and shall, as soon as information reaches it,          Member States and the Commission shall cooperate
inform each State of the extent to which the reserve           closely to ensure that this Regulation is observed.
has been used up.
It shall, not later than 15 December 1973 , inform the
Member States of the amount still in reserve after                                    Article 11
returns have been made pursuant to Article 6.
                                                               This Regulation shall enter into force on the day
It shall ensure that the drawing which uses up the             following its publication in the Official Journal of the
reserve is limited to the balance available and to this        European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 17 December 1973 .
                                                                                     For the Council
                                                                                      The President
                                                                                     I. N0RGAARD