31974R2089

9 . 8 . 74 Official Journal of the European Communities No L 218 /5

REGULATION ( EEC) No 2089/ 74 OF THE COUNCIL of 2 August 1974 on the opening, allocation and administration of an autonomous Community tariff quota for 1974 for ferro-silico-manganese falling within subheading 73.02 D of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN Benelux 8-33 COMMUNITIES , Denmark 0-62 Germany 82-20 France 0-10 Having regard to the Treaty establishing the European Ireland 1-04 Economic Community, and in particular Article 28 thereof ; Italy 3-54 United Kingdom 4-17 ; 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 Whereas, as regards ferro-silico-manganese falling needs arising in the Community, the allocation of the within subheading 73.02 D of the Common Customs additional share may be made on the basis of the Tariff, a conventional duty-free Community tariff actual needs expressed by each of the Member States ; quota of 50 000 metric tons has been opened by the whereas the United Kingdom , Ireland , Germany, the Council for 1974 and - allocated among the Member three Member States comprising the Benelux States by Regulation ( EEC) No 3588 /73 (') ; Economic Union and Italy have stated that they require further supplies of 3 400 , 200 , 35 000 , 1 5 400 Whereas, bearing in mind present Community produc­ and 2 500 metric tons respectively ; whereas the other tion capacity, the abovementioned quota will not Member States have not used up enough of their share cover the entire Community import requirements of of the initial quota opened by the abovementioned ferro-silico-manganese from third countries ; whereas Regulation , according to the most recently available it is therefore desirable that an autonomous Commu­ economic information and statistics , to justify at nity tariff quota limited to 32 000 metric tons be present their participation in the proposed supplemen­ opened ; whereas , so as not to prejudice Community tary tariff quota ; whereas, moreover, should additional development prospects in the production area needs arise subsequently in those Member States they concerned, the quota duty applicable should be fixed may have recourse to the procedure set up under at 4 % ; Article 3 of this Regulation ; whereas this system of allocation also ensures the uniform application of the Common Customs Tariff ; Whereas equal and continuous access to the quota should be ensured for all Community importers and the rate of duty for the tariff quota should be applied Whereas, to take account of future import trends for consistently to all imports until the quota is the product concerned , the quota should be divided exhausted ; whereas , in the light of these principles , into two tranches, the first being allocated among the abovementioned Member States and the second held arrangements for the utilization of the tariff quota based on an allocation among Member States would as a reserve to cover subsequently the requirements of Member States which have exhausted their new shares seem to be consistent with the Community nature of the quota ; whereas , to correspond as closely as and any additional requirements which might arise in possible to the actual trend of the market in the the other Members States ; whereas, to give importers product in question , allocation of the quota should be of Member States some degree of certainty , the first in proportion to the requirements of the Member tranche of the tariff quota should be fixed at a rela­ States as calculated by reference to statistics of imports tively high level which could be 30 000 metric tons ; from third countries during a representative reference period and to the economic outlook for the quota Whereas Member States may exhaust their initial period in question ; shares at different rates ; whereas to avoid disruption of supplies on this account it should be provided that Whereas , on the basis of statistics available at the time any Member State which has almost used up its initial and allowing for the foreseeable development of the share should draw an additional share from the ferro-silico-manganese market during 1974, the tariff reserve ; whereas each time its additional share is quota of 50 000 metric tons opened by Regulation almost exhausted a Member State should draw a ( EEC ) No 3588 / 73 was allocated in the following further share, and so on as many times as the reserve percentages : allows ; whereas the initial and additional shares should be valid until the end of the quota period ; (') OJ No L 365 , 31 . 12 . 1973 , p. 31 . whereas this form of administration requires close

No L 218 / 6 Official Journal of the European Communities 9 . 8 . 74

collaboration between the Member States and the Article 4 Commission , and the Commission must be in a pos­ 1 . As soon as one of the Member States referred to ition to keep account of the extent to which the in Article 2 has used 90 % or more of its initial share quotas have been used up and to inform the Member as fixed in Article 2 ( 1 ), or of that share minus any States accordingly ; portion returned to the reserve pursuant to Article 6, Whereas if at a given date in the quota period a it shall forthwith, by notifying the Commission , draw considerable quantity of a Member State's initial share a second share, to the extent that the reserve so remains unused it is essential that such State should permits, equal to 10 % of its initial share rounded up return a significant proportion thereof to the reserve, as necessary to the next whole number. in order to prevent a part of a quota from remaining unused in one Member State while it could be used in 2 . As soon as one of the Member States, after others ; exhausting its initial share, has used 90 % or more of the second share drawn by it, that Member State shall Whereas, since the Kingdom of Belgium , the forthwith , in the manner and to the extent provided Kingdom of the Netherlands and the Grand Duchy of in paragraph 1 , draw a third share equal to 5 % of its initial share . Luxembourg are united within and jointly represented by the Benelux Economic Union , any measure 3 . As soon as one of the Member States, after concerning the administration of the shares allocated exhausting its second share, has used 90 % or more of to that Economic Union may be carried out by any the third share drawn by it, that Member State shall one of its members , forthwith , and in accordance with the same con­ ditions, draw a fourth share equal to the third . HAS ADOPTED THIS REGULATION : It shall continue in this fashion until the reserve is exhausted . Article 1 4. By way of derogation from paragraphs 1 to 3, the 1 . From the date of entry into force of this Regula­ Member States may draw shares lower than those tion until 31 December 1974 a tariff quota of 32 000 specified in those paragraphs if there are grounds for metric tons shall be opened within the Community in believing that those specified may not be used in full . respect of ferro-silico-manganese falling within Any Member State applying this paragraph shall subheading 73.02 D of the Common Customs Tariff. inform the Commission of its grounds for so doing.

2. Within this quota, Community Customs Tariff Article 5 duty shall be suspended at 4 % . Additional shares drawn pursuant to Article 4 shall be 3 . Within this quota , Member States shall apply valid until 31 December 1974 . quota duties calculated in accordance with the rele­ vant provisions of the Act of Accession . Article 6 Article 2 Any Member State referred to in Article 2 which on 15 October 1974 has not exhausted its initial share 1 . A first tranche of 30 000 metric tons of this shall not later than 10 November 1974 return to the Community tariff quota shall be allocated among reserve the unused portion in excess of 20 % of the certain Member States ; the shares, which subject to initial amount . It may return a greater portion if there Article 6 shall be valid until 31 December 1974, shall are grounds for believing that such portion may not be as follows : be used in full . Benelux 8 000 metric tons Those Member States shall , not later than 10 Germany 1 8 000 metric tons Ireland 100 metric tons November 1974, notify the Commission of the total Italy 2 000 metric tons quantities of the product in question imported up to United Kingdom 1 900 metric tons . and including 1 5 October 1 974 and charged against the Community quota and of any portion of these 2 . The second tranche of 2 000 metric tons shall initial shares returned to the reserve . constitute a reserve . Article 7 Article 3 The Commission shall keep an account of the shares Should ferro-silico-manganese be required in opened by the Member States pursuant to Articles 2, 3 Denmark or France , these Member States shall draw a and 4 and shall , as soon as the information reaches it , sufficient share from the reserve to the extent that the inform each State of the extent to which the reserve reserve so permits . has been used up .

9 . 8 . 74 No L 218/7 Official Journal of the European Communities

It shall, not later than 15 November 1974, inform the when the product is entered with the customs authori­ Member States of the amount still in reserve following ties for home use . any return of shares pursuant to Article 6. 4 . The extent to which the Member States have It shall ensure that when an amount exhausting the used up their shares shall be determined on the basis reserve is drawn the amount so drawn does not exceed of the importations charged against those shares in the balance available, and to this end shall notify the accordance with paragraph 3 . amount of that balance to the Member State making the last drawing. Article 9

Every Member State shall notify the Commission at Article 8 regular intervals of the importations charged against its shares . 1 . The Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to either Article 3 or Article 4 are opened in Article 10 such a way that importations may be charged withouf The Member States and the Commission shall co­ interruption against their accumulated shares of the operate closely to ensure that this Regulation is relevant quota. complied with . 2. The Member States shall ensure that importers of the product in question established in their terri­ A rticle 1 1 tories have free access to the shares allocated to them . This Regulation shall enter into force on the seventh 3 . The Member States shall charge importations of day following its publication in the Official Journal the product in question against their shares as and of the European Communities.

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