31973R3588

31 . 12 . 73 Official Journal of the European Communities No L 365 /31

REGULATION (EEC) No 3588/73 OF THE COUNCIL of 28 December 1973 on the opening, allocation and administration of a Community tariff quota for ferro­ silico-manganese falling within subheading No 73.02 D of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN COMMUNITIES . which no equivalent tariff preference were applied under any other preferential arrangements only cover the year 1972 and the first few months of 1973 ; Having regard to the Treaty establishing the whereas during the year 1972 such imports by each European Economic Community, and in particular of the Member States represented the following Article 113 thereof; percentages of total Community imports of the said goods, whereas for the year 1973 , on the basis of the most recent forecasts by the Member States, which have been confirmed by the imports statistics for the Having regard to the proposal from the Commission ; first few months, these percentages are as follows :

1972 1973 Whereas, as regards ferro-silico-manganese falling within tariff subheading No 73.02 D, the European Benelux 10-80 15-21 Economic Community has undertaken to open an annual duty-free Community tariff quota of 50 000 Denmark 1-69 2-46 metric tons from 1969 ; Germany 55-24 64-00

France 0-43 0-98 Whereas, under Article 39 of the Act of Accession, the new Member States must on 1 January 1974 Ireland 0-01 0-01 make the first move towards alignment of their national tariffs on the Common Customs Tariff as Italy 15-26 12-51 regards the said goods ; whereas, therefore, the needs of those Member States for imports from third United Kingdom 16-57 4-83 countries should from that date onwards be covered by the tarjff quota in question during the period thereof; whereas the duties to be applied by those Whereas in view of these factors and of market Member States under the said tariff quota must be in forecasts for ferro-silico-manganese in general for conformity with the relevant provisions of the Act of 1974, the inital percentage shares in the quota Accession ; volume can be expressed roughly as follows :

Whereas equal and continuous access to the quota Benelux 8-33 should be ensured for all importers and the rate of levy for the tariff quota should be applied Denmark 0-62 consistently to all imports until the quota is used up ; Germany 82-20 whereas, in the light of the principles outlined above, a Community tariff quota arrangement based on an France 0-10 allocation between the Member States would seem to preserve the Community nature of the said quota; Ireland 1-04 whereas to represent as closely as possible the actual development of the market in the said goods the Italy 3-54 allocation should follow proportionately the requirements of the Member States calculated both United Kingdom 4-17 from statistics of imports from third countries during a representative reference period and from the economic outlook for the tariff year in question; Whereas, to take account of future import trends for the said goods, the quota volume should be divided into two tranches, the first being allocated and the Whereas, however, the available statistics of imports second held as a reserve to cover at a later date the from third countries into the new Member States to requirements of Member States who have used up

No L 365 /32 Official Journal of die European Communities 31 . 12. 73

their initial shares ; whereas to give importers some 3 . Within this tariff quota the Common Customs certainty, the first tranche of the Community tariff Tariff duties shall be totally suspended. quota should be fixed at a relatively elevated level which might be 96 % of the volume of the quota; 4. Within this tariff quota the new Member States shall apply duties calculated in accordance with the relevant provisions of the Act of Accession. Whereas the initial shares may be used up fairly quickly; whereas, therefore, to avoid disruption of supplies, any Member State which has almost used up its initial share should draw a supplementary Article 2 share from the reserve; whereas this must be done by each Member State as each one of its supplementary 1 . Of this Community tariff quota the first tranche shares is almost used up, and as many times as the of 48 000 metric tons shall be allocated among the reserve allows; whereas the initial and supplementary Member States; the respective shares of the Member shares must be valid until the end of the quota States, which, subject to Article 5, shall be valid from period; whereas this form of administration requires 1 January to 31 December 1974, shall be as follows : close collaboration between the Member States and the Commission, and the Commission must be in a 4 000 Benelux metric tons position to follow the extent to which the quota volume has been used up and inform the Member Denmark 300 metric tons States thereof ; Germany 39 450 metric tons France 50 metric tons Whereas if, at a given date in the quota period, a Ireland 500 metric tons Member State has a considerable quantity of its initial share left over, it is essential that it should Italy 1700 metric tons return a significant proportion thereof to the reserve, United Kingdom 2 000 metric tons to prevent a part of the Community tariff quota from remaining unused in one Member State while it could be used in others ; 2. The second tranche, of 2 000 metric tons, shall constitute the reserve.

Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Article 3 Luxembourg are jointly represented by the Benelux Economic Union any measure concerning the administration of the shares allocated to that 1 . If 90 % or more of a Member State's initial economic union may be carried out by one of its share as specified in Article 2 ( 1 ), or of that share members, minus the portion returned to the reserve where Article 5 is applied, has been used up, that Member State shall without delay, by notifying the Commission, draw a second share equal to 10 % of HAS ADOPTED THIS REGULATION : its initial share, rounded up where necessary to the next unit, to the extent permitted by the amount of the reserve.

Article 1 2. If, after its initial share has been used up, 90 % or more of the second share drawn by a Member 1 . During the period from 1 January to 31 State has been used up, that Member State shall, in December 1974 a Community tariff quota of 50 000 accordance with the conditions imposed by metric tons shall be opened in the Community for paragraph 1 , draw a third share, equal to 5 % of its ferro-silico-manganese falling within subheading No initial share, rounded up where necessary to the next 73.02 D of the Common Customs Tariff. unit.

2. Imports of the said goods may not be counted 3 . If, after its second share has been used up, 90 % under this tariff quota if they are already free of or more of the third share drawn by a Member State customs duties under other preferential tariff has been used up, that Member State shall, in treatment applied by certain Member States, in accordance with the same conditions, draw a fourth particular under free trade agreements. share equal to the third.

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This process shall continue to apply until the reserve It shall ensure that the drawing which uses up the is used up. reserve is limited to the balance available and to this end shall specify the amount thereof to the Member State making the last drawing. 4. By way of derogation from paragraphs 1 to 3 , a Member State may draw shares lower than those fixed in those paragraphs if there are grounds for Article 7 believing that those fixed may not be used up . It shall inform the Commission of its reasons for applying 1 . Member States shall take all measures necessary this paragraph. to ensure that supplementary shares drawn pursuant to Article 3 are opened in such a way that imports Article 4 may be charged without interruption against their accumulated shares in the Community quota. Supplementary shares drawn pursuant to Article 3 shall be valid until 31 December 1974. 2. Member States shall ensure that importers of the said goods established in their territory have free Article 5 access to the shares allocated to them.

A Member State which on 15 September 1974 has 3 . Member States shall charge imports of the said not used up its initial share shall return to the reserve goods against their shares as and when such goods not later than 10 October 1974 the unused portion are entered for home use. exceeding 20 % of the initial amount. It may return a greater portion if there are grounds for believing that it may not be used up. 4. The extent to which a Member State has used up its share shall be determined on the basis of im­ Member States shall, not later than 10 October 1974, ports charged in accordance with paragraph 3 . notify the Commission of the total quantities of the said goods imported up to and including 15 Sep­ Article 8 tember 1974 and charged against the Community tariff quota and any quantities of the initial share returned to the reserve. Member States shall inform the Commission at regular intervals of imports actually charged against their shares. Article 6

Article 9 The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 and shall, as soon as it has been notified, Member States and the Commission shall cooperate inform each state of the extent to which the reserve closely in order to ensure that this Regulation is observed. has been used up.

Article 10 It shall inform the Member States, not later than 15 October 1974, of the amount still in reserve after amounts have been returned thereto pursuant to This Regulation shall enter into force on 1 January Article 5 . 1974 .

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

Done at Brussels , 28 December 1973 .

For the Council The President

Ove GULDBERG