CELEX: 31976R2864
Language: en
Date: 1976-11-23 00:00:00
Title: Council Regulation (EEC) No 2864/76 of 23 November 1976 on the opening, allocation and administration of an autonomous Community tariff quota for 1976 for super-refined ferro-chromium falling within subheading ex 73.02 E I of the Common Customs Tariff

27. 11 . 76                               Official Journal of the European Communities                                   No L 329/21
                                        COUNCIL REGULATION (EEC) No 2864/76
                                                        of 23 November 1976
              on the opening , allocation and administration of an autonomous Community
              tariff quota for 1976 for super-refined ferro-chromium falling within
                               subheading ex 73.02 E I of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN                                                third countries by opening an autonomous Commu­
COMMUNITIES,                                                               nity tariff quota the volume of which should be
                                                                           limited to 1 000 metric tons so as not to jeopardize
Having regard to the Treaty establishing the European                      development prospects in the Community production
Economic Community, and in particular Article 28
thereof,
                                                                           sector ; whereas for the same reasons the quota duty
                                                                           applicable should be fixed at 5-5 % ;
Having regard to the draft Regulation submitted by
the Commission ,                                                           Whereas arrangements for the utilization of the
                                                                           Community tariff quota based on an allocation among
Whereas, as regards ferro-chromium containing by                           Member States would seem to be consistent with the
weight not more than 0-10 % of carbon and more                             Community nature of the quota ; whereas in order
than 30 % but not exceeding 90 % of chromium                               that it may correspond as closely as possible to the
(super-refined       ferro-chromium)           falling     within          actual trend of the market in the product in question,
subheading ex 73.02 E I of the Common Customs                              allocation of the quota must be in proportion to the
Tariff, a conventional duty-free Community tariff                          requirements of the Member States as calculated by
quota of 3 000 metric tons has been opened by the                          reference to the statistics of imports from third coun­
Council for 1976 and allocated among the Member                            tries during a representative reference period and to
States by Regulation (EEC) No 2882/75 (') ;                                the economic outlook for the quota period in ques­
Whereas, bearing in mind present capacity, Commu­                          tion ;
nity production together with the abovementioned
quota of 3 000 metric tons should cover the entire                         Whereas, during the last three years for which statis­
Community requirements of this product ; whereas it                        tics are fully available, the corresponding imports, in
is, however, desirable to avoid unduly disrupting tradi­                   metric tons, into each of the Member States were as
tional patterns of trade between Member States and                         follows :
                                                                    1973             1974         1975      Average for
                                                                                                           1974 and 1975
              Benelux                                              1 050             2 200       3 457         2 829
              Denmark                                                  60               20           50            35
             Germany                                              59 972 (')       1 3 800      16331         15 066
              France                                                 800             5 000          100        2 550
              Ireland                                                    0              18           5             12
              Italy                                                5 000             5 648       5 856         5 752
              United Kingdom                                       7 225             5 464       7 858         6 661
                                                       Total      74 107           32 1 50      33 65 7       32 905
             (') Ferro-chromium in general .
Whereas in view of these factors, the foreseeable deve -                            Benelux                               10-00
lopment of the super-refined ferro-chromium market                                  Denmark                                0-20
in 1976 and the allocated shares of the tariff quota of                             Germany                               52-50
3 000 metric tons opened by Regulation (EEC) No                                     France                                 0-50
2882/75, the initial percentage shares in the quota                                 Ireland                                0-10
volume can be fixed as follows :                                                    Italy                                  6-00
                                                                                    United Kingdom                        30-70
                                                                           Whereas, since this tariff quota is for a relatively small
(!) OJ No L 292, 12 . 11 . 1975 , p. 17 .                                  quantity, it seems possible to provide for a system of
 ---pagebreak--- No L 329 / 22                     Official Journal of the European Communities                           27 . 11 . 76
use based on a single allocation and at the same time                                                  in metric tons
preserve the Community nature of the quota ; whereas              Benelux                                   100
such an allocation may therefore be based on the                  Denmark                                      2
percentage figures shown in the table above ;                     Germany                                   525
                                                                  France                                       5
Whereas, since the Kingdom of Belgium, the
                                                                  Ireland                                      1
Kingdom of the Netherlands and the Grand Duchy of
Luxembourg are united within and jointly represented              Italy                                       60
by the Benelux Economic Union, any measure                        United Kingdom                            307
concerning the administration of the shares allocated
to that economic union may be carried out by one of                                     Article 3
its members ,
                                                             1 . Member States shall ensure that importers of the
                                                             product in question established in their territory have
HAS ADOPTED THIS REGULATION :                                free access to the shares allocated to them .
                       Article 1                             2.    The extent to which a Member State has used up
                                                             its share shall be determined on the basis of the
1 . From the date of entry into force    of this Regula­     imports of the product in question entered with the
tion until 31 December 1976, a tariff    quota of 1 000      customs authorities for home use .
metric tons shall be opened within the   Community in
respect of ferro-chromium containing      by weight not
more than 0-10 % of carbon and more than 30 % but                                       Article 4
not exceeding 90 % of chromium (super-refined ferro­         At the request of the Commission , the Member States
chromium) falling within subheading ex 73.02 E I of          shall inform it of importations charged against their
the Common Customs Tariff.
                                                             shares .
2. Within this quota, the Common Customs Tariff
duty shall be suspended at 5-5 % in respect of impor­                                    Article 5
tations .
3.    Within this quota, new Member States shall
                                                             The Member States and the Commission shall coop­
apply duties calculated in accordance with the rele­         erate closely to ensure that this Regulation is
                                                             complied with .
vant provisions of the Act of Accession .
                       Article 2                                                         Article 6
The Community tariff quota referred to in Article 1          This Regulation shall enter into force on the third day
shall be allocated among the Member States as                following its publication in the Official Journal of
follows :                                                    the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 23 November 1976 .
                                                                            For the Council
                                                                              The President
                                                                      A. P. L. M. M. van der STEE