CELEX: 31975R2881
Language: en
Date: 1975-10-29 00:00:00
Title: Regulation (EEC) No 2881/75 of the Council of 29 October 1975 on the opening, allocation and administration of a Community tariff quota for ferro-silico-manganese, falling within subheading 73.02 D of the Common Customs Tariff

No L 292/ 14                      Official Journal of the European Communities                               12. 11 . 75
                            REGULATION (EEC) No 2881/75 OF THE COUNCIL
                                                 of 29 October 1975
              on the opening, allocation and administration of a Community tariff quota for ferro­
                silico-manganese, falling within subheading 73.02 D of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
                                                                                           1972     1973       1974
                                                             Benelux                      10-80    16-63      18-41
                                                             Denmark                        1-69     0          0
 Having regard to the Treaty establishing the
 European Economic Community, and in particular              Germany                      55-24    62-49      58-88
 Article 113 thereof;                                        France                         0-43     0-92       0-46
                                                             Ireland                        0-01     0         0
 Having regard to the proposal from the Commission ;         Italy                        15-26    15-94      19-61
                                                             United Kingdom               16-57     4-02       2-64;
Whereas, as regards ferro-silico-manganese, falling          Whereas, in view of these factors and of market
within subheading 73.02 D, the European Economic             forecasts for ferro-silico-manganese for 1976, the
 Community has undertaken to open an annual duty-            initial percentage shares in the quota volume may
free Community tariff quota of 50 000 metric tons ;          be expressed roughly as follows :
whereas the tariff quota in question should therefore
be opened on 1 January 1976 and allocated among                      Benelux                               8-33
the Member States ; whereas the duties to be applied
                                                                     Denmark                               0-62
by the new Member States within this tariff quota
must comply with the relevant provisions of the Act                  Germany                              82-20
 of Accession;                                                       France                                0-10
                                                                     Ireland                               1-04
Whereas equal and continuous access to the quota                     Italy                                 3-54
should be ensured for all Community importers and                    United Kingdom                        4-17 ;
the rate of duty for the tariff quota should be
applied consistently to all imports until the quota
is used up ; whereas in the light of the principles          Whereas, to take account of future trends in imports
 outlined above, arrangements for the untilization of        of the product in question, the quota should be
the Community tariff quota based on an allocation            divided into two tranches, the first being allocated
among Member States would seem to be consistent              and the second forming a reserve intended to cover
with the Community nature of the quota ; whereas,            any subsequent requirements of Member States which
in order that it may correspond as closely as possible       have used up their initial share; whereas, in order
 to the actual market trends in the product in               to ensure a certain degree of security for importers,
question, allocation of the quota should be in               the first tranche of the Community tariff quota
proportion to the requirements of the Member States          should be set at a relatively high level which, in this
as calculated by reference to statistical data on            case, might be 96% of the volume of the quota ;
imports from third countries during a representative
reference period and to the economic prospects for           Whereas Member States may use up their initial *
the quota period in question ;                               shares at different rates ; whereas to provide for this
                                                             eventuality and to avoid disruption of supplies, any
                                                             Member State which has almost used up its initial
Whereas, during the last three years for which               share should draw an additional share from the
statistics are fully available, the corresponding            reserve; whereas each time its additional share is
imports into each of the Member States represented           almost used up, a Member State should draw a
the following percentages of the total imports of            further share, and so on as many times as the
the product in question:                                     reserve allows ; whereas the initial and additional
 ---pagebreak---  12 . 11.75                        Official Journal of the European Communities                           No L 292/ 15
shares should be valid until the end of the quota                                                    in metric tons
period ; whereas this form of administration requires                  Benelux                            4 000
close collaboration between Member States and the
                                                                       Denmark                              300
Commission, which latter must, in particular, be
able to keep a record of the extent to which the                       Germany                           39 450
quota has been used up and to inform the Member                        France                                 50
States accordingly ;                                                   Ireland                              500
                                                                       Italy                              1 700
Whereas if, at a given date in the quota period, a                     United Kingdom                     2 000 .
considerable quantity of a Member State's initial
share remains unused, it is essential that that               2 . The second tranche of 2 000 metric tons shall
Member State should return a significant proportion           constitute the reserve.
to the reserve, so as to avoid a part of the quota
remaining unused in one Member State when it
could be used in others ;                                                              Article 3
Whereas, since the Kingdom of Belgium, the Kingdom            1 . If 90% or more of a Member State's initial share
of the Netherlands and the Grand Duchy of                     as fixed in Article 2 ( 1 ), or of that share minus any
 Luxembourg are united within and jointly represented         portion returned to the reserve where Article 5 has
by the Benelux Economic Union, any measure                    been applied, has been used Up, that Member State
concerning the administration of the shares allocated        shall forthwith, by notifying the Commission, draw
to that Economic Union may be carried out by any              a second share, to the extent that the reserve so
one of its members,                                           permits, equal to 10% of its initial share, rounded
                                                              up as necessary to the next whole number.
                                                              2. If, after its initial share has been used up, 90%
HAS ADOPTED THIS REGULATION :                                 or more of the second share drawn by a Member
                                                              State has been used up, that Member State shall
                                                              forthwith, in the manner and to the extent provided
                                                              in paragraph 1 , draw a third share equal to 5% of
                        Article 1                             its initial share, rounded up as necessary to the next
                                                              whole number.
1 . During the period 1 January to 31 December                3 . If, after its second share has been used up, 90%
 1976 a Community tariff quota of 50 000 metric               or more of the third share drawn by a Member State
tons shall be opened in the Community for ferro­             has been used up, that Member State shall forthwith,
silico-manganese falling within subheading 73.02 D           in accordance with the same conditions, draw a
of the Common Customs Tariff.
                                                              fourth share equal to the third.
2. Imports of the product in question may not be              This process shall apply until the reserve is used up .
charged against this tariff quota if they are already
free of customs duties under other preferential tariff       4. By way of derogation from paragraphs 1 , 2 and
arrangements .                                               3 , Member States may draw lesser shares than those
                                                             specified therein if there are grounds for believing
3 . Within this tariff quota, the Common Customs              that those specified may not be used up . They shall
Tariff duty shall be totally suspended.                      inform the Commission of their reasons for applying
                                                              this paragraph.
4. Within this tariff quota, the new Member States
shall apply duties calculated in accordance with the                                   Article 4
relevant provisions of the Act of Accession.
                                                              Additional shares drawn pursuant to Article 3 shall
                                                             be valid until 31 December 1976 .
                        Article 2
1 . A first tranche of 48 000 metric tons of this                                      Article 5
Community tariff quota shall be allocated among
the Member States. Member States' shares which,              Member States shall return to the reserve, not later
subject to Article 5, shall be valid from 1 January to       than 1 October 1976, the unused portions of their
31 December 1976, shall be as follows :                      initial shares which, on 15 September 1976, are in
 ---pagebreak--- No L 292/ 16                     Official Journal of the European Communities                             12. 11.75
excess of 20% of the initial amounts. They may              be charged without interruption against            their
return a greater portion if there are grounds for           aggregate shares of the Community quota.
believing that such portion may not be used up.
                                                            2. Member States shall ensure that importers of the
Member States shall notify the Commission, not              product in question established in their territory have
later than 1 October 1976, of the total quantities of       free access to the shares allocated to them.
the product in question imported up to and including
15 September 1976 and charged against the                   3 . Member States shall charge imports of the
Community quota and of any portion of their initial         product in question against their shares as and when
shares returned to the reserve.
                                                            the product is entered with the customs authorities
                                                            for home use.
                       Article 6
                                                            4. The extent to which a Member State has used
The Commission shall keep an account of the shares          up its share shall be determined on the basis of
opened by the Member States pursuant to Articles            the imports charged in accordance with paragraph 3 .
2 and 3 and, as soon as it has been notified, shall
inform each State of the extent to which the reserve                                Article 8
has been used up.
It shall inform the Member States, not later than           At the Commission's request, Member States shall
5 October 1976, of the amount still in reserve after        inform it of the imports actually charged against
amounts have been returned thereto pursuant to              their shares.
Article 5 .
It shall ensure that the drawing which exhausts the                                 Article 9
reserve does not exceed the balance available and,
to this end, shall notify the amount of that balance        Member States and the Commission shall cooperate
to the Member State making the last drawing.                closely to ensure that this Regulation is complied
                                                            with.
                       Article 7
                                                                                    Article 10
1 . Member States shall take all appropriate measures
to ensure that additional shares drawn pursuant to          This Regulation shall enter into force on 1 January
Article 3 are opened in such a way that imports may         1976 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Luxembourg, 29 October 1975.
                                                                               For the Council
                                                                                 The President
                                                                                 G. MARCORA