31974R2088

9 . 8 . 74 Official Journal of the European Communities No L 218 /3

REGULATION ( EEC) No 2088 / 74 OF THE COUNCIL of 2 August 1974 on the opening , allocation and administration of an autonomous Community tariff quota for 1974 for ferro-silicon falling within subheading 73.02 C of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN Benelux 64-75 COMMUNITIES , Denmark 0-75 Germany 15-00 France 0-25 Having regard to the Treaty establishing the European Ireland 1-25 Economic Community, and in particular Article 28 thereof ; Italy 4-25 United Kingdom 13-75 Having regard to the draft Regulation submitted by the Commission ; Whereas , since the quota is an autonomous Commu­ nity tariff quota intended to cover additional import needs arising in the Community , the allocation of the Whereas, as regards ferro-silicon falling within additional share may be made on the basis of the subheading 73.02 C of the Common Customs Tariff, a conventional duty-free Community tariff quota of actual needs expressed by each of the Member States ; 20 000 metric tons has been opened by the Council whereas Denmark, the United Kingdom , Ireland and the three Member States comprising the Benelux for 1974 and allocated among the Member States by Regulation ( EEC) No 3587/ 73 (') ; Economic Union have stated that they require further supplies of 1 050 , 52 250, 100 and 31 050 metric tons respectively ; whereas the needs of Germany and Italy Whereas, bearing in mind present production capacity within the Community and the large increase in ferro­ may be estimated at 10 000 and 2 000 metric tons respectively ; whereas in the case of France, according silicon required for the manufacture of steel , the to the most recently available economic information abovementioned quota will not cover the entire and statistics, its share of the initial quota opened by Community import requirements of ferro-silicon from third countries ; whereas it is therefore desirable that the abovementioned Regulation has not been suf­ ficiently used up to justify its participation at present an autonomous Community tariff quota limited to in the proposed supplementary tariff quota ; 26 500 metric tons be opened ; whereas , so as not to prejudice Community development prospects in the production area concerned , the quota duty applicable Whereas, since the Kingdom of Belgium , the should be fixed at 7 % ; Kingdom of the Netherlands and the Grand Duchy of Luxembourg. are united within and jointly represented by the Benelux Economic Union , any measure Whereas equal and continuous access to the quota concerning the administration of the shares allocated should be ensured for all Community importers and to that Economic Union may be carried out by one of the rate of duty for the tariff quota should be applied its members , consistently to all imports until the quota is exhausted ; whereas, in the light of these principles, arrangements for the utilization of the tariff quota based on an allocation among Member States would HAS ADOPTED THIS REGULATION : 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 Article 1 product in question , allocation of the quota should be in proportion to the requirements of the Member States as calculated by reference to statistics of imports 1 . From the date of entry into force of this Regula­ from third countries during a representative reference tion until 31 December 1974 a tariff quota of 26 500 period and to the economic outlook for the quota metric tons shall be opened in the Community in period in question ; respect of ferro-silicon falling within subheading 73.02 C of the Common Customs Tariff . Whereas , on the basis of statistics available at the time and allowing for the foreseeable development of the 2 . Within this quota , the Community Customs ferro-silicon market during 1974, the tariff quota of Tariff duty shall be suspended at 7 % . 20 000 metric tons opened by Regulation ( EEC) No 3587/ 73 was allocated in the following percentages : 3 . Within this quota , new Member States shall apply quota duties calculated in accordance with the (') OJ No L 365 , 31 . 12 . 1973 , p. 29 . relevant provisions of the Act of Accession .

No L 218 /4 Official Journal of the European Communities 9 . 8 . 74

Article 2 the product is entered with the customs authorities for home use . The Community tariff quota set out in Article 1 shall be allocated as follows among certain Member States : Article 4 Benelux 8 000 metric tons Each Member State shall notify the Commission at Denmark 222 metric tons regular intervals of the importations charged against Germany 5 500 metric tons its share . Ireland 22 metric tons Italy 1 756 metric tons Article 5 United Kingdom 1 1 000 metric tons . The Member States and the Commission shall co­ Article 3 operate closely to ensure that this Regulation is complied with . 1 . Each Member State shall ensure that importers of the products in question established in its territory Article 6 have free access to the share allocated to it . This Regulation shall enter into force on the seventh 2 . Each Member State shall charge importations of day following its publication in the. Official Journal the product in question against its share as and when of the European Community.

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

Done at Brussels , 2 August 1974. For the Council

The President

B. DESTREMAU