CELEX: 31974R2091
Language: en
Date: 1974-08-02 00:00:00
Title: Regulation (EEC) No 2091/74 of the Council of 2 August 1974 on the opening, allocation and administration of a Community tariff quota for 1974 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

9 . 8 . 74                         Official Journal of the European Communities                           No L 218 / 11
                            REGULATION ( EEC) No 2091 /74 OF THE COUNCIL
                                                    of 2 August 1974
              on the opening , allocation and administration of a Community tariff quota for
              1974 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
THE COUNCIL OF THE EUROPEAN                                            Benelux                 5 718 metric tons
COMMUNITIES,                                                           Denmark                   240 metric tons
                                                                       Germany                12 708 metric tons
                                                                       France                  7 146 metric tons
Having regard to the Treaty establishing the European                  Italy                   6 354 metric tons
Economic Community, and in particular Article 28                       United Kingdom         27 794 metric tons
thereof ;
                                                              Whereas the most recently available economic infor­
                                                               mation concerning Ireland would not at present
Having regard to the draft Regulation submitted by            justify its participation in the allocation of the quota ;
the Commission ;                                              whereas, since the quota is a Community tariff quota,
                                                               it is appropriate to provide for this Member State a
                                                              commercially exploitable share, which should amount
Whereas Community production of ferro-chromium                to 20 metric tons ; whereas this system of allocation
containing not less than 4 % by weight of carbon
                                                              also ensures the uniform application of the Common
falling within subheading ex 73.02 E I of the                 Customs Tariff ;
Common Customs Tariff is inadequate and producers
are unable to meet the total requirements of consumer         Whereas, to take account of future import trends for
industries in the Community ; whereas it is therefore          the product concerned, the quota should be divided
in the Community's interest to suspend totally in              into two tranches, the first being allocated among
respect of this metal the application of the Common            Member States and the second held as a reserve to
Customs Tariff duty until 31 December 1974, within a           cover subsequently the requirements of Member States
limited tariff quota which should be fixed at 30 000          which have exhausted their initial share ; whereas , to
metric tons so that Community development pros­               give importers some degree of certainty, the first
pects of the production sector concerned are not               tranche of the tariff quota should be fixed at a rela­
affected ;                                                    tively high level which could be 27 000 metric tons ;
                                                              Whereas Member States may exhaust their initial
Whereas equal and continuous access to the quota               shares at different rates ; whereas to avoid disruption
should be ensured for all Community importers and              of supplies on this account it should be provided that
the rate of duty for the tariff quota should be applied        any Member State which has almost used up its initial
consistently to all imports until the quota is                share    should   draw   an   additional share  from   the
exhausted ; whereas, in the light of these principles,         reserve ; whereas each time its additional share is
arrangements for the utilization of the tariff quota          almost    exhausted    a  Member State    should   draw  a
based on an allocation among Member States would               further share, and so on as many times as the reserve
seem to be consistent with the Community nature of            allows ; whereas the initial and additional shares
the quota ; whereas, to correspond as closely as              should be valid until the end of the quota period ;
possible to the actual trend of the market in the             whereas this form of administration requires close
product in question , allocation of the quota should be        collaboration   between    the  Member States and     the
in proportion to the requirements of the Member                Commission , and the Commission must be in a posi­
States as calculated by reference to statistics of imports    tion to keep account of the extent to which the quotas
from third countries during a representative reference         have been used up and to inform the Member States
period and to the economic outlook for the quota              accordingly ;
period in question .
                                                              Whereas if at a given date in the quota period a
                                                              considerable quantity of a Member State's initial share
Whereas, however, since the quota is an autonomous             remains unused it is essential that such State should
Community tariff quota intended to cover import                return a significant proportion thereof to the reserve,
needs arising in the Community, the allocation of the          in order to prevent a part of a quota from remaining
quota may be made on the basis of the actual import           unused in one Member State while it could be used in
needs from third countries expressed by each of the           others .
Member States ; whereas, on the basis of economic
information supplied and allowing for duty-free               Whereas, since the Kingdom of Belgium , the
supplies from the Community or certain third coun­            Kingdom of the Netherlands and the Grand Duchy of
tries, these needs would be as follows :                       Luxembourg are united within and jointly represented
 ---pagebreak--- No L 218 / 12                        Official Journal of the European Communities                                   9 . 8 . 74
by the Benelux Economic Union, any measure                      3.    As soon as one of the Member States, after
concerning the administration of the shares allocated          exhausting its second share , has used 90 % or more of
to that Economic Union may be carried out by any                the third share drawn by it, that Member State shall
one of its members,                                             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 , a
1 . From 1 September to 31 December 1974 a tariff              Member State may draw shares lower than those speci­
quota of 30 000 metric tons shall be opened within              fied in those paragraphs if there are grounds for
the Community in respect of ferro-chromium                     believing that those specified ' may not be used in full .
containing not less than 4 % by weight of carbon               Any Member State applying this paragraph shall
falling within subheading ex 73.02 E I pf the                  inform the Commission of its grounds for so doing.
Common Customs Tariff.
                                                                                          Article 4
2.     Imports of the product in question already bene­
fiting from exemption of customs duties by virtue of            Additional shares drawn pursuant to Article 3 shall be
another preferential tariff arrangement are not charge­        valid until 31 December 1974 .
able against this tariff quota .
3. Within this quota, the Common Customs Tariff                                           Article 5
shall be totally suspended in respect of importations .
                                                               Any Member State which on 15 November 1974 has
4. Within this quota, new Member . States shall                 not exhausted one of its initial shares shall not later
apply in respect of importations duties calculated in           than 10 December 1974 return to the reserve the
accordance with the relevant provisions of the Act of           unused portion in excess of 20 % of the initial
Accession .
                                                                amount. It may return a greater portion if there are
                                                               grounds for believing that such portion may not be
                         Article 2                              used in full .
1.     A first tranche of 27 000 metric tons of this           The Member States shall , not later than 10 December
Community tariff quota shall be allocated among the             1974, notify the Commission of the total quantities of
Member States ; the shares, which subject to Article 6          the products in question imported up to and
shall be valid until 31 December 1974, shall be as              including 15 November 1974 and charged against the
follows :
                                                                Community quotas and of any portion of their initial
         Benelux                2 380 metric tons               sh'ares returned to the reserve .
         Denmark                   100 metric tons
         Germany                 8 000 metric tons
         France                  3 000 metric tons                                        Article 6
         Ireland                    20 metric tons
                                                                The Commission shall keep an account of the shares
         Italy                   2 500 metric tons              opened by the Member States pursuant to Articles 2
         United Kingdom        1 1 000 metric tons .            and 3 and shall , as soon as the information reaches it,
2.     The second tranche of 3 000 metric tons shall            inform each State of the extent to which the reserve
constitute a reserve .                                          has been used up .
                                                                It shall , not later than 15 December 1974, inform the
                         Article 3                              Member       States  of  the   amounts    still  in    reserve
1.     As soon as one of the Member States has used             following any return of shares pursuant to Article 5.
90 % or more of its initial share as fixed in Article
                                                                It shall ensure that when an amount exhausting the
2(1 ), or of that share minus any portion returned to           reserve is drawn , the amount so drawn does not
the reserve pursuant to Article 5, it shall forthwith , by      exceed the balance available , and to this end shall
notifying the Commission , draw a second share, to the          notify the amount of that balance to the Member State
extent that the reserve so permits, equal to 10 % of its        making the last drawing .
initial share rounded up as necessary to the next
whole number.
                                                                                          Article 7
2.     As soon as one of the Member States , after
exhausting its initial share, has used 90 % or more of           1.   The Member States shall take all appropriate
the second share drawn by it , that Member State shall          measures      to  ensure  that   additional   shares    drawn
forthwith , in the manner and to the extent provided            pursuant to Article 3 are opened in such a way that
in paragraph I , draw a third share equal to 5 % of its         importations may be charged without interruption
initial share .                                                 against their accumulated share of the tariff quota .
 ---pagebreak--- 9 . 8 . 74                        Official Journal of the European Communities                        No L 218 / 13
2. The Member States shall ensure that importers                                      A rticlc 8
of the product in question established in their terri­       The Member States shall notify the Commission at
tories have free access to the shares allocated to them .
                                                             regular intervals of the importations charged against
                                                             their shares .
3 . The Member State shall charge importations of
the product in question against their shares as and                                   Article 9
when the product is entered with the customs authori­        The    Member     States  and    the Commission  shall
ties for home use .                                          cooperate closely to ensure that this Regulation is
                                                             complied with .
4.      The extent to which the Member States have
                                                                                      Article 10
used up their shares shall be determined on the basis
of the importations charged against their shares in          This Regulation shall enter into force on 1 September
accordance with paragraph 3 .                                1974 .
              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