CELEX: 31973R3589
Language: en
Date: 1973-12-28 00:00:00
Title: Regulation (EEC) No 3589/73 of the Council of 28 December 1973 on the opening, allocation and administration of a Community tariff quota for ferro-chromium containing not more than 0.10 % by weight of carbon and more than 30 % but not more than 90 % of chromium (super-refined ferro-chromium) falling within subheading No ex 73.02 E I of the Common Customs Tariff

No L 365 /34                     Official Journal of the European Communities                             31 . 12. 73
                               REGULATION (EEC) No 3589/73 OF THE COUNCIL
                                                of 28 December 1973
               on the opening, allocation and administration of a Community tariff quota for ferro­
               chromium containing not more than 0-10 % by weight of carbon and more than
               30 % but not more than 90 % of chromium (super-refined ferro-chromium) falling within
                             subheading No ex 73.02 E I of the Common Customs Tariff
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                    the year 1972 and the first few months of 1973 ;
                                                              whereas during the year 1972 such imports by each
                                                              of the Member States represented the following
 Having regard to the, Treaty establishing the                percentages of total Community imports of the said
 European Economic Community, and in particular               goods ; whereas for the year 1973 , on the basis of the
 Article 113 thereof;                                         most recent forecasts by the Member States, which
                                                              have been confirmed by the imports statistics for the
                                                              first few months, these percentages are as follows :
 Having regard to the proposal from the Commission;
                                                                                               1972      1973
 Whereas, as regards ferro-chromium containing not                    Benelux                   1-36     1-30
 more than 0-10 % by weight of carbon and not less
 than 30 % but not more than 90 % by weight of                        Denmark                  1-16      0-96
 chromium (super-refined ferro-chromium) falling
 within tariff subheading No ex 73.02 E I, the                        Germany                 68-13     69-81
 European Economic Community has undertaken to
                                                                      France                   613       5-23
 open an annual duty-free Community tariff quota of
 3 000 metric tons;                                                   Ireland                  0-01      0-01
                                                                      Italy                    8-49      8-73
 Whereas, under Article 39 of the Act of Accession the
new Member States must on 1 January 1974 make                         United Kingdom          14-72     13-96
 the first move towards alignment of their national
 tariffs on the Common Customs Tariff as regards the
said goods ; whereas, therefore, the needs of those          Whereas in view of these factors and of market
Member States for imports from third countries                forecasts for ferro-chromium for 1974 the percentage
 should from that date onwards be covered by the             shares in the quota volume can be expressed roughly
tariff quota in question during the period thereof;          as follows :
whereas the duties to be applied by those Member
States under the said tariff quota must be in
                                                                            Behelux                5-66
conformity with the relevant provisions of the Act of
Accession ;                                                                 Denmark                0-34
                                                                            Germany                6-17
Whereas a Community tariff arrangement based on
an allocation amongst the Member States would                               France                 0-34
seem to preserve the Community nature of the quota;
whereas to represent as closely as possible the actual                      Ireland                0-01
development of the market in the said goods the
allocation should follow proportionately the                                Italy                 84-14
requirements of the Member States calculated both                           United Kingdom         3-34
from statistics of imports from third countries during
a representative reference period and from the
economic outlook for the tariff year in question;            Whereas, since this tariff quota is for a relatively
                                                             small quantity, it seems possible to provide for a
                                                             system of use based on only one allocation and at the
Whereas, however, the available statistics of imports        same time preserve the Community nature of the
from third countries into the new Member States to           quota ; whereas such an allocation may therefore be
which no equivalent tariff preferences were applied         based on the percentage figures shown in the table
under any other preferential arrangements only cover         above;
 ---pagebreak--- 31 . 12. 73                         Official Journal of the European Communities                          No L 365 /35
Whereas since the Kingdom of Belgium, the Kingdom                     Benelux                  170 metric  tons
of the Netherlands and the Grand Duchy of                              Denmark                   10 metric tons
Luxembourg are jointly represented by the Benelux
Economic Union any measures concerning the                             Germany                 185 metric  tons
administration    of   the   shares allocated   to   that
economic union may be carried out by one of its                        France                    10 metric tons
members,                                                               Ireland                    1 metric ton
                                                                       Italy                 2 524 metric  tons
THE ADOPTED THIS REGULATION :
                                                                       United Kingdom          100 metric  tons
                         Article 1
                                                                                       Article 3
1 . During the period from 1 January to 31
December 1974 a Community tariff quota of 3 000                1 . Member States shall ensure that importers of
metric tons shall be opened in the Community for               the said goods established in their territory have free
                                                               access to the shares allocated to them.
ferro-chromium containing not more than 0-10 % by
weight of carbon and more than 30 % but not more
than 90 % of chromium (super-refined ferro-chrom­              2.    The extent to which a Member State has used
ium) falling within subheading No ex 73.02 E I of the          up its share shall be determined on the basis of the
Common Customs Tariff.                                         quantities of the said goods entered for home use.
2. Imports of the said goods may not be counted
                                                                                       Article 4
under this tariff quota if they are already free of
customs duties under other preferential tariff
treatment applied by certain Member States, in                 Member States shall inform the Commission at
particular under free trade agreements.                        regular intervals of imports actually charged against
                                                               their shares.
3 . Within this tariff quota the Common Customs
Tariff duties shall be totally suspended.
                                                                                       Article 5
4. Within this tariff quota the new Member States
shall apply duties calculated in accordance with the           Member States and the Commission shall cooperate
relevant provisions of the Act of Accession.                   closely in order to ensure that this Regulation is
                                                               observed.
                         Article 2
                                                                                       Article 6
1 . The Community tariff quota referred to in
Article 1 shall be allocated amongst the Member                This Regulation shall enter into force on 1 January
States as follows :                                            1974.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 28 December 1973.
                                                                                 For the Council
                                                                                   The President
                                                                                 Ove GOLDBERG