31973R3589
No L 365 /34 Official Journal of the European Communities 31 . 12 . 73
REGULATION (EEC) No 3589/73 OF THE COUNCIL of 28 December 1973 on the opening, allocation and administration of a Community tariff quota for ferro chromium containing not more than 0-10 % by weight of carbon and more than 30 % but not more than 90 % of chromium (super-refined ferro-chromium) falling within subheading No ex 73.02 E I of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES , the year 1972 and the first few months of 1973 ; whereas during the year 1972 such imports by each of the Member States represented the following Having regard to the, Treaty establishing the percentages of total Community imports of the said European Economic Community, and in particular goods ; whereas for the year 1973 , on the basis of the Article 113 thereof; most recent forecasts by the Member States, which have been confirmed by the imports statistics for the first few months, these percentages are as follows : Having regard to the proposal from the Commission; 1972 1973 Whereas, as regards ferro-chromium containing not Benelux 1-36 1-30 more than 0-10 % by weight of carbon and not less than 30 % but not more than 90 % by weight of Denmark 1-16 0-96 chromium (super-refined ferro-chromium) falling Germany 68-13 69-81 within tariff subheading No ex 73.02 E I, the European Economic Community has undertaken to France 613 5-23 open an annual duty-free Community tariff quota of 3 000 metric tons; Ireland 0-01 0-01
Italy 8-49 8-73 Whereas, under Article 39 of the Act of Accession the new Member States must on 1 January 1974 make United Kingdom 14-72 13-96 the first move towards alignment of their national tariffs on the Common Customs Tariff as regards the said goods ; whereas, therefore, the needs of those Whereas in view of these factors and of market Member States for imports from third countries forecasts for ferro-chromium for 1974 the percentage should from that date onwards be covered by the shares in the quota volume can be expressed roughly tariff quota in question during the period thereof; as follows : whereas the duties to be applied by those Member States under the said tariff quota must be in Behelux 5-66 conformity with the relevant provisions of the Act of Accession ; 0-34 Denmark
Germany 6-17 Whereas a Community tariff arrangement based on an allocation amongst the Member States would France 0-34 seem to preserve the Community nature of the quota; Ireland 0-01 whereas to represent as closely as possible the actual development of the market in the said goods the Italy 84-14 allocation should follow proportionately the requirements of the Member States calculated both 3-34 United Kingdom from statistics of imports from third countries during a representative reference period and from the economic outlook for the tariff year in question ; Whereas, since this tariff quota is for a relatively small quantity, it seems possible to provide for a system of use based on only one allocation and at the Whereas, however, the available statistics of imports same time preserve the Community nature of the from third countries into the new Member States to quota ; whereas such an allocation may therefore be which no equivalent tariff preferences were applied based on the percentage figures shown in the table under any other preferential arrangements only cover above ;
31 . 12 . 73 Official Journal of the European Communities No L 365 /35
Whereas since the Kingdom of Belgium, the Kingdom Benelux 170 metric tons of the Netherlands and the Grand Duchy of Denmark 10 metric tons Luxembourg are jointly represented by the Benelux Economic Union any measures concerning the Germany 185 metric tons administration of the shares allocated to that France 10 metric tons economic union may be carried out by one of its members, Ireland ton 1 metric Italy 2 524 metric tons THE ADOPTED THIS REGULATION : United Kingdom 100 metric tons
Article 1 Article 3 1 . During the period from 1 January to 31 1 . Member States shall ensure that importers of December 1974 a Community tariff quota of 3 000 the said goods established in their territory have free metric tons shall be opened in the Community for access to the shares allocated to them. ferro-chromium containing not more than 0-10 % by weight of carbon and more than 30 % but not more than 90 % of chromium (super-refined ferro-chrom 2. The extent to which a Member State has used ium) falling within subheading No ex 73.02 E I of the up its share shall be determined on the basis of the Common Customs Tariff. quantities of the said goods entered for home use.
2. Imports of the said goods may not be counted Article 4 under this tariff quota if they are already free of customs duties under other preferential tariff treatment applied by certain Member States, in Member States shall inform the Commission at particular under free trade agreements. regular intervals of imports actually charged against their shares. 3 . Within this tariff quota the Common Customs Tariff duties shall be totally suspended. Article 5 4. Within this tariff quota the new Member States Member States and the Commission shall cooperate shall apply duties calculated in accordance with the relevant provisions of the Act of Accession. closely in order to ensure that this Regulation is observed.
Article 2 Article 6 1 . The Community tariff quota referred to in Article 1 shall be allocated amongst the Member This Regulation shall enter into force on 1 January States as follows : 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 GOLDBERG