CELEX: 31975R1800
Language: en
Date: 1975-07-10 00:00:00
Title: Regulation (EEC) No 1800/75 of the Council of 10 July 1975 on the opening, allocation and administration of an autonomous Community tariff quota for 1975 for ferro-silico-manganese falling within subheading 73.02 D of the Common Customs Tariff

No L 184/ 12                          Official Journal of the European Communities                              15 . 7 . 75
                               REGULATION ( EEC) No 1800/75 OF THE COUNCIL
                                                       of 10 July 1975
              on the opening, allocation and administration of an autonomous Community
              tariff quota for 1975 for ferro-silico-manganese falling within subheading 73.02
                                            D of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN                                      ferro-silico-manganese market during the current year,
 COMMUNITIES,                                                    the tariff quota of 50 000 metric tons opened by Regu­
                                                                 lation (EEC) No 2424/74 was allocated in the
 Having regard to the Treaty establishing the European           following percentages :
 Economic Community, and in particular Article 28
 thereof ;
                                                                          Benelux                              8-33
                                                                          Denmark                              0-62
 Having regard to the draft Regulation submitted by                       Germany                            82-20
 the Commission ;                                                         France                               010
                                                                          Ireland                              1-04
Whereas, as regards ferro-silico-manganese falling                        Italy                                3-54
within subheading 73.02 D of the Common Customs                           United Kingdom                       4-17
Tariff, a conventional duty free Community tariff
quota of 50 000 metric tons has been opened by the
 Council for 1975 and allocated among the Member
States by Regulation (EEC) No 2424/74 (');                       Whereas, since the quota is an autonomous Commu­
                                                                 nity tariff quota intended to cover additional import
Whereas, bearing in mind present Community produc­               needs arising in the Community, the allocation of the
tion capacity, the abovementioned quota will not                 additional share may be made on the basis of the
cover the entire Community import requirements of                actual needs expressed by each of the Member States ;
ferro-silico-manganese from third countries ; whereas            whereas the United Kingdom, Denmark, Germany,
it is therefore desirable that an autonomous Commu­              the three Member States comprising the Benelux
nity tariff quota limited to 14 000 metric tons be               Economic Union and Italy have stated that they
opened ; whereas the fixing of the quota amount at               require further supplies of 1 900, 100, 12 000, 10 000
this new level does not exclude a new adjustment in              and 1 000 metric tons respectively ; whereas the needs
the course of the quota period ; whereas, so as not to           of France, taking account of its production capacity,
                                                                 can be estimated at 100 metric tons ; whereas in the
prejudice Community development prospects in the
production area concerned , the quota duty applicable            case of Ireland, its drawings on its share of the initial
should be fixed at 4 % ;                                         quota opened by the abovementioned Regulation and
                                                                 the most recently available economic information and
                                                                 statistics do not justify at present its participation in
Whereas equal and continuous access to the quota                 the proposed increase of the Community tariff quota ;
should be ensured for all Community importers and                whereas ,    moreover, should   additional   needs    arise
the rate of duty for the tariff quota should be applied          subsequently in that Member State it may have
consistently to all imports until the quota is                   recourse to the procedure set up under Article 3 of
exhausted ; whereas in the light of these principles             this Regulation ; whereas this system of allocation also
arrangements for the utilization of the tariff quota             ensures the uniform application of the Common
based on an allocation among Member States would                 Customs Tariff ;
seem to be consistent with the Community nature of
the quota ; whereas to correspond as closely as
possible to the actual trend of the market in the
product in question , allocation of the quota should be          Whereas, to take account of future import trends for
in proportion to the requirements of the Member                  the product concerned, the quota should be divided
States as calculated by reference to statistics of imports       into two tranches, the first being allocated among the
from third countries during a representative reference           abovementioned Member States and the second held
period and to the economic outlook for the quota                 as a reserve to cover subsequently the requirements of
period in question ;                                             Member States which have exhausted their new shares
                                                                 and any additional requirements which might arise in
Whereas , on the basis of statistics available at the time       the other Members States ; whereas, to give importers
and allowing for the foreseeable development of the              of Member States some degree of certainty, the first
                                                                 tranche of the tariff quota should be fixed at a rela­
(') OJ No L 261 , 27 . 9 . 1974, p. 18 .                         tively high level which could be 12 010 metric tons ;
 ---pagebreak--- 15 . 7 . 75                        Official Journal of the European Communities                           No L 184/ 13
Whereas Member States may exhaust their initial                        Benelux                 5 000 metric tons,
shares at different rates ; whereas to avoid disruption                Denmark                    17 metric tons,
of supplies on this account it should be provided that                Germany                  5 619 metric tons,
any Member State which has almost used up its initial                  France                     15 metric tons,
share    should  draw  an   additional  share   from  the              Italy                     469 metric tons ,
reserve ; whereas each time its additional share is                    United Kingdom            890 metric tons .
almost exhausted     a Member State      should draw a
further share, and so on as many times as the reserve        2.     The second tranche of 1 990 metric tons shall
allows ; whereas the initial and additional shares           constitute a reserve .
should be valid until the end of the quota period ;
whereas this form of administration requires close
collaboration   between   the Member States and       the
Commission , and the Commission must be in a posi­                                     Article 3
tion to keep account of the extent to which the quotas
have been used up and to inform the Member States            Should ferro-silico-manganese be required in Ireland,
accordingly ;                                                that Member State shall draw a sufficient share from
                                                             the reserve to the extent that the reserve so permits.
Whereas if at a given date in the quota period a
considerable quantity of a Member State's initial share
remains unused it is essential that such State should
return a significant proportion thereof to the reserve,                                Article 4
in order to prevent a part of a quota from remaining
unused in one Member State while it could be used in          1.    As soon as one of the Member States referred to
others ;                                                      in Article 2 has used 90 % or more of its initial share
                                                             as fixed in Article 2 ( 1 ), or of that share minus any
Whereas, since the Kingdom of Belgium , the                   portion returned to the reserve pursuant to Article 6,
Kingdom of the Netherlands and the Grand Duchy of             it shall forthwith , by notifying the Commission , draw
Luxembourg are united within and jointly represented         a second share, to the extent that the reserve so
by the Benelux Economic Union , any measure                   permits, equal to 10 % of its initial share rounded up
concerning the administration of the shares allocated        as necessary to the next whole number.
to that Economic Union may be carried out by any
one of its members,
                                                              2.     As soon as one of the Member States, after
                                                             exhausting its initial share, has used 90 % or more of
                                                             the second share drawn by it, that Member State shall
HAS ADOPTED THIS REGULATION                                   forthwith , in the manner and to the extent provided
                                                              in paragraph 1 , draw a third share equal to 5 % of its
                                                              initial share .
                        Article 1
                                                              3.     As soon as one of the Member States, after
 1.     From the date of entry into force of this Regula­     exhausting its second share, has used 90 % or more of
tion until 31 December 1975 a tariff quota of 14 000          the third share drawn by it, that Member State shall
metric tons shall be opened within the Community in           forthwith , and in accordance with the same condi­
respect of ferro-silico-manganese falling within              tions, draw a fourth share equal to the .third .
subheading 73.02 D of the Common Customs Tariff.
                                                              It shall continue in this fashion until the reserve is
2. Within this quota, Community Customs Tariff               exhausted .
duty shall be suspended at 4 % .
                                                              4.     By way of derogation from paragraphs 1 to 3 , the
3 . Within this quota, Member States shall apply              Member States may draw shares lower than those
quota duties calculated in accordance with the rele­          specified in those paragraphs if there are grounds for
vant provisions of the Act of Accession .                     believing that those specified may not be used in full .
                                                              Any Member State applying this paragraph shall
                                                              inform the Commission of its grounds for so doing.
                        Article 2
 1.    A first tranche of 12 010 metric tons of this
                                                                                       A rticle 5
Community tariff quota shall be allocated among
certain Member States ; the shares, which subject to
Article 6 shall be valid until 31 December 1975 shall         Additional shares drawn pursuant to Article 4 shall be
be as follows :                                               valid until 31 December 1975 .
 ---pagebreak--- No L 184/ 14                            Official Journal of the European Communities                            15 . 7 . 75
                           Article 6                               pursuant to either Article 3 or 4 are opened in such a
                                                                  way that importations may be charged without inter­
The Member States referred to in Article 2 shall , not
                                                                   ruption against their accumulated shares of the rele­
later than 1 November 1975 , return to the reserve the
                                                                  vant quota .
unused portion of their initial share which, on 15
October 1975, is in excess of 20 % of the initial                  2. The Member States shall ensure that importers
volume . They may return a greater portion if there are            of the product in question established in their territo­
grounds for believing that it may not be used in full .            ries have free access to the shares allocated to them .
Those      Member      States   shall ,  not    later  than  1
                                                                   3 . The Member States shall charge importations of
November 1975, notify the Commission of the total
                                                                   the product in question against their shares as and
quantities of the product in question imported up to               when the product is entered with the customs authori­
and including 15 October 1975 and charged against                  ties for home use .
the Community quota and of any portion of these
initial shares returned to the reserve .                           4.     The extent to which the Member States have
                                                                   used up their shares shall be determined on the basis
                           Article 7                               of the importations charged against those shares in
                                                                   accordance with paragraph 3 .
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2, 3
and 4 and shall , as soon as the information reaches it,                                   Article 9
inform each State of the extent to which the reserve
has been used up .                                                 At the request of the Commission , the Member States
                                                                   shall inform it of the importations charged against
It shall , not later than 5 November 1975, inform the              their shares .
Member States of the amount still in reserve following
any return of shares pursuant to Article 6.
                                                                                           Article 10
 It shall ensure that when an amount exhausting the
reserve is drawn the amount so drawn does not exceed
                                                                   The Member States and the Commission shall coop­
the balance available, and to this end shall notify the            erate closely to ensure that this Regulation is
amount of that balance to the Member State making                  complied with .
the last drawing.
                            Article 8                                                      Article 11
                                                                                                                          i
 1.    The Member States shall take all appropriate                This Regulation shall enter into force on 1 August
 measures    to   ensure    that  additional     shares  drawn      1 975 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 10 July 1975.
                                                                               For the Council
                                                                                  The President
                                                                                  E. COLOMBO