31973R3459

No L 356 /4 Official Journal of the European Communities 27 . 12 . 73

REGULATION (EEC) No 3459/73 OF THE COUNCIL

of 17 December 1973 on the opening, allocation and administration of a supplementary Community tariff quota for ferro-silico-manganese falling within subheading No 73.02 D of the Common Customs Tariff for 1973

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas equal and continuous access to the quota should be ensured for all Community importers and the rate of levy for the tariff quota should be applied consistently to all imports of the product in question Having regard to the Treaty establishing the until the quota is used up ; whereas, in the light of the European Economic Community, and in particular principles outlined above , a Community tariff Article 28 thereof ; arrangement based on an allocation between the Member States would seem to preserve the Community nature of the quota ; whereas to Having regard to the draft Regulation submitted by represent as closely as possible the actual the Commission ; development of the market in the product in question the allocation should follow proportionately the Whereas by Council Regulation (EEC ) No requirements of the Member States calculated both 2730/72 (*) the Council opened and allocated among from statistics of imports from third countries during the Member States, for the year 1973 , a duty-free a representative reference period and from the conventional Community tariff quota of 50 000 economic outlook for the tariff period in question ; metric tons of ferro-silico-manganese falling within subheading No 73.02 D of the Common Customs Tariff; Whereas in view of the statistics for 1969 to 1971 and of market forecasts for ferro-silico-manganese for the current year the percentage shares in the 50 000 Whereas in view of current Community production metric ton quota volume opened by the potential, the abovementioned 50 000 metric ton abovementioned Regulation are as follows : quota volume does not suffice to cover Community import requirements for ferro-silico-manganese from Benelux 8.72 third countries ; whereas it is therefore desirable to open a supplementary Community tariff quota for a France 0.21 amount which , in view of the need not to jeopardize future expansion of this Community production Germany 87.24 sector, should be restricted to 25 000 metric tons ; whereas for the same reasons , the quota duty should Italy 3.83 be set at 4 % ;

Whereas, since the quota in question is an Whereas, as regards the product in question, the new autonomous Community tariff quota which is Member States do not have to make any movement intended to cover supplementary import needs arising towards alignment of the national tariffs on the within the Community, allocation of the Common Customs Tariff; whereas the opening of a supplementary quota volume may be based on the Community tariff quota thus involves no obligation true needs expressed by each of the Member States ; for the new Member States to modify their customs whereas Germany and the three Member States tariffs as regards third countries ; whereas therefore it constituting the Benelux Economic Union have should be provided that only the Member States of communicated supplementary needs of some 30 000 the Community as originally constituted should use metric tons and 4 880 metric tons respectively ; as the tariff quotas and charge against their shares regards the other Member States , the extent to which products imported both from third countries and the shares allocated to them in the initial 50 000 from the new Member States ; whereas the metric ton quota opened by the abovementioned Community tariff quota must reflect the terms Regulation has been used up and the most recent specified above ; economic information and statistics available would not at present justify their participation in the proposed increase in the Community tariff quota ; whereas , should further needs later arise in those (') OJ No L 291 , 28 . 12 . 1972 , p . 64 . Member States , however, they could always invoke

27 . 12 . 73 Official Journal of the European Communities No L 356/5

Article 3 of this Regulation ; whereas this system of subheading No 73.02 D shall be suspended up to allocation also permits the Common Customs Tariff 4 % on a supplementary Community tariff quota of 25 000 metric tons . to be applied uniformly;

Whereas, to take account of future trends of imports of the product under consideration, the total quota Article 2 volume should be divided into two tranches, the first being shared between Germany and the Benelux and the second held as a reserve to cover at a later date 1 . A first tranche of 24 000 metric tons shall be the requirements of these Member States, should they allocated among certain Member States ; the shares which, subject to Article 6, shall be valid until 31 use up their new share, and any further needs arising December 1973 , shall be as follows : in other Member States ; whereas to give Member State importers some certainty and to make it possible to sell Community production without Benelux 3 680 metric tons difficulty, the first tranche of the Community quota should be fixed at 24 000 metric tons ; Germany 20 320 metric tons .

Whereas the initial shares of Member States may be used up more or less quickly; whereas, therefore, to 2. The second tranche, of 1 000 metric tons, shall avoid disruption of supplies any Member State which constitute a reserve . has almost used up its initial share, must draw a supplementary share from the reserve ; whereas this must be done by each Member State as each one of its supplementary shares is almost used up, and as Article 3 many times as the reserve allows ; whereas the initial and supplementary shares must be valid until the end of the quota period ; whereas this form of If needs for ferro-silico-manganese arise in France or administration requires close collaboration between Italy, those Member States may, to the extent that the the Member States and the Commission , and the reserve is sufficient, draw an adequate share from the Commission must be in a position to follow the reserve . extent to which the quota volume has been used up and inform the Member States thereof;

Article 4 Whereas if, at a given date in the quota period, a considerable quantity of the initial share is left over in a Member State, it is essential that each state 1 . If 90 % or more of the initial share, as defined in should return a significant proportion to the reserve, Article 2 ( 1 ) of either of the Member States specified to prevent a part of the Community quota from in Article 2, or of that share minus the portion remaining unused in one Member State while it could returned to the reserve where Article 6 is applied, has be used in others ; been used up, that Member State shall without delay, by notifying the Commission, draw a second share, to the extent that the reserve is sufficient equal to Whereas since the Kingdom of Belgium, the Kingdom 10 % of its initial share. of the Netherlands and the Grand Duchy of Luxembourg are jointly represented by the Benelux Economic Union any measure concerning the administration of the shares allocated to that 2. If, after its initial share has been used up, 90 % or more of the second share drawn by either of the economic union may be carried out by one of its Member States have been used up, that Member State members, shall without delay, in accordance with the provisions of paragraph 1 , draw a third share equal to 5 % of its initial share . HAS ADOPTED THIS REGULATION :

3 . If, after its second share has been used up, 90 % Article 1 or more of the third share drawn by either of the Member States has been used up, that Member State Until 31 December 1973 the Common Customs shall, in accordance with the provisions of paragraph Tariff duty on ferro-silico-manganese falling within 1 , draw up a fourth share equal to the third.

No L 356 /6 Official Journal of the European Communities 27 . 12 . 73

This process shall apply by analogy until the reserve end shall specify the amount thereof to the Member is used up. State making the last drawing.

4. Notwithstanding paragraphs 1 to 3, the Member State in question may draw shares lower Article 8 than those fixed in those paragraphs if there are grounds for believing that those fixed may not be 1 . Member States shall take all appropriate used up. They shall inform the Commission of their measures to ensure that supplementary shares drawn reasons for applying this paragraph. pursuant to Article 3 or 4 are opened in such a way that charges may be made, without interruption, Article 5 against their cumulative shares of the Community quota . Supplementary shares drawn pursuant to Article 4 shall be valid until 31 December 1973 . 2. Each Member State shall ensure that importers of the product in question established in its territory have free access to the shares allocated to it. Article 6 3 . Member States shall charge imports of the Either of the Member States specified in Article 2 product in question both from third countries and which on 15 November 1973 has not used up its from new Member States against their share as and initial share shall return to the reserve not later than when the product is entered for home use. 10 December 1973 the unused portion exceeding 20 % of the initial amount. It may return a greater 4. The extent to which a Member State has used portion if there are grounds for believing that it may up its share shall be determined on the basis of not be used up. imports charged against it in accordance with Those Member States shall, not later than 10 paragraph 3 . December 1973 , notify to the Commission the total quantities of the product in question imported up to Article 9 and including 15 November 1973 and charged against the Community quota and any quantities returned to the reserve. Member States shall regularly inform the Commission of imports actually charged against their shares . Article 7

Article 10 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 information reaches it, Member States and the Commission shall cooperate inform each State of the extent to which the reserve closely to ensure that this Regulation is observed. has been used up.

It shall, not later than 15 December 1973 , inform the Article 11 Member States of the amount still in reserve after returns have been made pursuant to Article 6. This Regulation shall enter into force on the day It shall ensure that the drawing which uses up the following its publication in the Official Journal of the reserve is limited to the balance available and to this European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 17 December 1973 . For the Council The President

I. N0RGAARD