CELEX: 31985R3674
Language: en
Date: 1985-12-20
Title: Council Regulation (EEC) No 3674/85 of 20 December 1985 opening, allocating and providing for the administration of a Community tariff quota for ferro-silicon, falling within subheading 73.02 C of the Common Customs Tariff (1986)

30 . 12 . 85                                Official Journal of the European Communities                                No L 354 / 37
                                           COUNCIL REGULATION (EEC) No 3674/ 85
                                                         of 20 December 1985
                opening, allocating and providing for the administration of a Community tariff quota for
                     ferro-silicon, falling within subheading 73.02 C of the Common Customs Tariff ( 1986)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                                                 1982      1983       1984
                                                                       Benelux                             7,75     11,24      11,35
                                                                       Denmark                              0         0          0
                                                                       Germany                            72,26     76,83      73,57
Having regard to the Theaty establishing the European                  Greece                               0,01     0,04        0
Economic Community, and in particular Article 113
thereof,                                                               France                               1,31     0,30       0,56
                                                                       Ireland                              0,01      0          0
                                                                       Italy                              13,62      2,63        4,00
                                                                       United Kingdom                       5,04      8,96     10,52
Having regard to the proposal from the Commission ,
                                                                       Whereas , in view of these factors and of market forecasts
Whereas , as regards ferro-silicon falling within subheading           for ferro-silicon for 1986 , the initial percentage shares in
73.02 C , the European Economic Community has                          the quota volume can be expressed approximately as
 undertaken to open an annual duty-free tariff quota of                follows :
 20 000 tonnes; whereas this should , however , be reduced
to 12 600 tonnes take account of the traditional imports                        Benelux                                     9,64
from EFTA countries which have been free of customs duty                        Denmark                                     0,01
under the Agreements concluded with those countries , as                        Germany                                    70,83
well as obligations entered into in relation to a third                         Greece                                      0,02
country which has the right of the previous negotiator for                      France                                      1,67
this quota volume; whereas the quota concerned should                           Ireland                                     0,02
therefore be opened on 1 January 1986 and allocated                             Italy                                      10,85
 among the Member States by providing for Spain's and                           United Kingdom                              6,96
Portugal's participation as from 1 March 1986 ; whereas
this participation can initially be confined to the possible
 application of Article 2 (4 );                                        Whereas , to take account of future import trends for the
                                                                       product concerned , the quota volume should be divided
                                                                        into two instalments, tho first being allocated among
                                                                        Member States of the Community of Ten and the second
Whereas equal and continuous access to the quota should                 held as a reserve to cover subsequent the requirements of
be ensured for all importers and the rate of duty for the               Member States which have used up their initial share as
tariff quota should be applied consistently to all imports             well as the requirements of the new Member States ;
until the quota is exhausted ; whereas arrangements for the             whereas, to give importers some degree of certainty, the
utilization of the Community tariff quota based on an                   first instalment of the tariff quota should be fixed at a high
allocation among Member States would seem to be                         level , which in this case could be approximately 95 % of
consistent with the Community nature of the quota ;                     the volume of the quota ;
whereas , to correspond as closely as possible to the actual
trend to the market in the product in question , allocation
of the quota should be in proportion to the requirements of            Whereas initial shares may be used up at different rates ;
the Member States as calculated by reference to statistics of          whereas to avoid disruption of supplies on this account it
imports from third countries during a representative                   should be provided that any Member State which has
reference period and to the economic outlook for the quota             almost used up its initial share should draw an additional
period in question ;                                                   share from the reserve; whereas each time its additional
                                                                       share is almost up a Member State should draw a further
                                                                       share, and so on as many times as the reserve allows;
                                                                       whereas the initial and additional shares should be valid
 Wheras, during the last three years for which complete                until the end of the quota period; whereas this form of
 statistics are available , the corresponding imports into each        administration requires close collaboration between the
 of the Member States represented the following percentages            Member States and the Commission , which latter must be
of imports of the products in question from third countries            in a position to keep account of the extent to which the
 not benefiting from an ■ equivalent preferential                      quotas have been used up and to inform the Member,
 arrangement :                                                         States accordingly ;
 ---pagebreak--- No L 354 / 38                            Official Journal of the European Communities                                  30 . 12 . 85
Whereas if, at a given date iin the quota period, a                 4 . If, from 1 March 1986 , an importer notifies an
considerable quantity of a Member State's initial share             imminent importation of the product in question in Spain
remains unused , it is essential that that Member State             or Portugal and requests the benefit of the quota, the
should return a significant proportion to the reserve , in          Member State concerned shall inform the Commission and
order to prevent a part of the Community quota remaining            draw an amount corresponding to these requirements to
unused in one Member State while it could be used in                the extent that the available balance of the reserve permits
others ;                                                            this .
Whereas , since the Kingdom of Belguim , the Kingdom of
the Netherlands and the Grand Duchy of Luxembourg are                                          Article 3
united within an jointly represented by the Benelux
Economic Union , any measure concerning the                          1.    If a Member State has used 90 % or more of its initial
administration of the shares allocated to that economic             share as fixed in Article 2 ( 2), or of that share minus any
union may be carried out by any one of its members ,                portion returned to the reserve pursuant to Article 5 , it
                                                                    shall forthwith , by notifying the Commission, draw a
                                                                    second share , to the extent that the reserve so permits ,
                                                                    equal to 5 % of its initial share rounded up as necessary to
                                                                    the next whole number .
HAS ADOPTED THIS REGULATION :
                                                                    2 . If a Member State , after exhausting its initial share , has
                                                                    used 90 % or more of the second share drawn by it , that
                           Article 1
                                                                    Member State shall forthwith, i|n the manner and to the
                                                                    extent provided in paragraph 1 , draw a third share equal to
 1 . From 1 January to 31 December 1986 a Community                 2,5 % of its initial share rounded up as necessary to the
tariff quota of 12 600 tonnes shall be opened in the                next whole number .
Community for ferro-silicon falling within subheading
73.02 C of the Common Customs Tariff.
                                                                    3 . If a Member State , after exhausting its second share ,
2 . Imports of the product in question may not be charged           has used 90 % or more of the third share drawn by it , that
against this tariff quota if they are already free of customs       Member State shall , in the manner and to the extent
duties under other preferential tariff arrangements .               provided in paragraph 1 , draw a fourth share equal to the
                                                                     third .
 3 . Within this quota the Common Customs Tariff duty
 shall be totally suspended .                                       This process shall apply until the reserve is used up .
4 . Within the limits of this tariff quota , Spain and              4 . By way of derogation from paragraphs 1 , 2 and 3 , a
Portugal shall apply duties calculated in accordance with           Member State may draw shares lower than those specified
the relevant provisions in the 1985 Act of Accession .              in those paragraphs if there are grounds for believing that
                                                                    those specified may not be used in full . Any Member State
                                                                     applying this paragraph shall inform the Commission of its
                           Article 2                                grounds for so doing.
 1 . The Community tariff quota referred to in Article 1
 shall be divided into two instalments .
                                                                                              Article 4
2.   A first instalment of 12 000 tonnes shall be allocated
                                                                     Additional shares drawn pursuant to Article 3 shall be valid
 among the Member States of the Community of Ten ; the               until 31 December 1986 .
 shares , which , subject to Article 5 , shall be valid from
 1 January to 31 December 1986 shall be as follows :
                                                 (tonnes)
         Benelux                                   1 157                                       Article 5
         Denmark                                       1
         Germany                                   8 500             Member States shall , not later than 1 Oktober 1986 , return
         Greece                                        2             to the reserve the unused portion of their initial share
         France                                      200             which , on 15 September 1986 , is in excess of 20 % of the
         Ireland                                       2             initial volume . They may return a greater portion if there
         Italy                                     1 302             are grounds for believing that it may not be used in full .
         United Kingdom                              836
                                                                     Member States shall , not later than 1 Oktober 1986 , notify
 3.  The second instalment of 600 tonnes shall constitute            the Commission of the total quantities of the product in
 the reserve .                                                       question imported up to and including 15 September 1986 ,
 ---pagebreak--- 30 . 12 . 85                                Official Journal of the European Communities                             No L 354 / 39
and charged against the Community quota and of any                                               Article 8
portion of their initial shares returned to the reserve.
                                                                       1 . Member States shall take all appropriate measures to
                                                                       ensure that additional shares drawn pursuant to Article 3
                                                                       are opened in such a way that imports may be charged
                              Article 6                                without interruption against their aggregate shares of the
                                                                       Community quota .
Member States may restrict the charging of imports against
their shares to products for certain intended uses . In that           2 . Member States shall ensure that importers of the
case the Community provisions on the matter shall be                   product in question have free access to the shares allocated
applied for checking that the product has been used for the            to them .
stipulated purpose .
                                                                       3 . The extent to which the Member States have used up
                                                                       their shares shall be determined on the basis of the imports
                                                                       of the product in question entered with the customs
                              Article 7                                authorities for free circulation .
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3                                          Article 9
and shall , as soon as the information reaches it , inform
each State of the extent to which the reserve had been used            At the Commission's request , Member States shall inform it
up .                                                                   of imports actually charged against their shares .
 It shall , not later than 5 October 1986 inform the Member                                      Article 10
 States of the amount still in reserve , following any return of
 shares pursuant to Article 5 .                                        The Member States and the Commission shall cooperate
                                                                       closely to ensure that this Regulation is complied with .
It shall ensure that the drawing which exhausts the reserve
 does not exceed the balance available , and to this end shall                                   Article 11
 notify the amount of that balance to the Member State
 making the last drawing.                                              This Regulation shall enter into force on 1 January 1986 .
                     This Regulation shall be binding in its entirety an directly applicable in all Member
                     States .
                     Done at Brussels , 20 December 1985 .
                                                                                             For the Council
                                                                                              The President
                                                                                                R. KRIEPS