31974R2090

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

REGULATION ( EEC) No 2090 / 74 OF THE COUNCIL of 2 August 1974 on the opening , allocation and administration of an autonomous Community tariff quota for 1974 for ferro-chromium containing not more than 010 % by weight of carbon and more than 30 % but not exceeding 90 % by weight of chro­ mium (super-refined ferro-chromium) falling within subheading ex 73.02 E I of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN Whereas, on the basis of statistics available at the time COMMUNITIES , and allowing for the foreseeable development of the market in the product concerned during the current ^ear, the tariff quota of 3 000 metric tons opened by Having regard to the Treaty establishing the European Regulation (EEC) No 3589/73 was allocated in the Economic Community, and in particular Article 28 following percentages : thereof ;

Benelux 5-66 Having regard to the draft Regulation submitted by the Commission ; Denmark 0-34 Germany 6-17 France 0-34 Whereas as regards ferro-chromium containing by Ireland 0-01 weight not more than 0-10 % of carbon and more 84-14 Italy than 30 % but not exceeding 90 % of chromium 3-34 United Kingdom (super-refined ferro-chromium) falling within subheading ex 73.02 E I of the Common Customs Tariff, a conventional duty-free Community Tariff quota of 3 000 metric tons has been opened by the Whereas, since the quota is an autonomous Commu­ Council for 1974 and allocated among the Member nity tariff quota intended to cover additional import States by Regulation ( EEC) No 3589 / 73 (') ; needs arising in the Community , the allocation of the additional share may be made on the basis of the Whereas, bearing in mind present Community produc­ actual needs expressed by each of the Member States whereas Denmark , France, the United Kingdom , tion capacity, the abovementioned quota will not cover the entire Community import requirements of Germany, the three Member States comprising the Benelux Economic Union and Italy have stated that this product from third countries ; whereas it is there­ fore desirable , in order that Community development they require further supplies of 90, 7 000, 6 900, 4 000, 1 685 and 2 000 metric tons respectively ; prospects of the production sector concerned should not be affected, that an autonomous Community tariff whereas in the case of Ireland it has not used up enough of its share of the initial quota, according to quota limited to 25 000 metric tons be opened ; the most recently available economic information and whereas , for the same reasons , the quota duty appli­ cable should be fixed at 5-5 % ; statistics, to justify its participation at present in the proposed increase in the tariff quota ; whereas, more­ over, should additional needs arise subsequently in Whereas equal and continuous access to the quota that Member State it may have recourse to the proce­ should be ensured for all Community importers and dure set up under Article 3 of this Regulation ; the rate of duty for the tariff quota should be applied whereas this system of allocation also ensures the consistently to all imports until the quota is uniform application of the Common Customs Tariff ; exhausted ; whereas, in the light of these principles, arrangements for the utilization of the tariff quota based on an allocation among Member States would seem to be consistent with the Community nature of Whereas, to take account of future import trends for the quota ; whereas , to correspond as closely as the product concerned, the quota should be divided possible to the actual trend of the market - in the into two tranches, the first being allocated among the product in question , allocation of the quota should be Member States concerned and the second held as a in proportion to the requirements of the Member reserve to cover subsequently the requirements of States as calculated by reference to the statistics of Member States which have exhausted their new shares imports from third countries during a representative and any additional requirements which might arise in reference period and to the economic outlook for the Ireland ; whereas, to give importers some degree of quota period in question ; certainty, the first tranche of the tariff quota should be fixed at a relatively high level which could be 22 500 (') OJ No L 365, 31 . 12 . 1973 , p. 34 . metric tons ;

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

Whereas Member States may exhaust their initial Article 2 shares at different rates ; whereas to avoid disruption of supplies on this account it should be provided that 1 . A first tranche of 22 500 metric tons of this any Member State which has almost used up its initial Community tariff quota shall be allocated among share should draw an additional share from the certain Member States ; the shares, which subject to reserve ; whereas each time its additional share is Article 6 shall be valid until 31 December 1974, shall almost exhausted a Member State should draw a be as follows : further share, and so on as many times as the reserve allows ; whereas the initial and additional shares Benelux 1 540 metric tons should be valid until the end of the quota period ; Denmark 85 metric tons whereas this form of administration requires close Germany 6 160 metric tons collaboration between the Member States and the France 6 400 metric tons Commission , and the Commission must be in a posi­ Italy 2 000 metric tons tion to keep account of the extent to which the quotas United Kingdom 6 315 metric tons . have been used up and to inform the Member States accordingly ; 2 . The second tranche of 2 500 metric tons shall constitute a reserve . Whereas if at a given date in the quota period a considerable quantity of a Member State's initial share remains unused it is essential that such State should Article 3 return a significant proportion thereof to the reserve, in order to prevent a part of a Community quota from Should the product mentioned in Article 1 be remaining unused in one Member State while it could required in Ireland, that Member State shall draw a be used in others ; sufficient share from the reserve to the extent that the reserve so permits . Whereas, since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Article 4 Luxembourg are united within and jointly represented by the Benelux Economic Union , any measure concerning the administration of the shares allocated 1 . As soon as on£ of the Member States referred to to that Economic Union may be carried out by one of in Article 2 has used 90 % or more of its initial share its members, as fixed in Article 2 ( 1 ), or of that share minus any portion returned to the reserve pursuant to Article 6 , it shall forthwith , by notifying the Commission , draw a second share , to the extent that the reserve so permits, equal to 10 % of its initial share rounded up as necessary to the next whole number. HAS ADOPTED THIS REGULATION : 2 . As soon as one of the Member States , after exhausting its initial share, has used 90 % or more of the second share drawn by it, that Member State shall Article 1 forthwith , in the manner and to the extent provided in paragraph 1 , draw a third share equal to 5 % of its initial share . 1 . From the date of entry into force of this Regula­ tion until 31 December 1974, a tariff quota of 25 000 metric tons shall be opened within the Community in 3 . As soon as one of the Member States , after respect of ferro-ch'romium containing by weight not exhausting its second share, has used 90 % or more of more than 0-10 % of carbon and more than 30 % but the third share drawn by it , that Member State shall , not exceeding 90 % of chromium (super-refined ferro­ forthwith and in accordance with the same conditions , chromium) falling within subheading ex 73.02 E I of draw a fourth share equal to the third . the Common Customs Tariff. It shall continue in this fashion until the reserve is exhausted . 2 . Within this quota , the Common Customs Tariff duty shall be suspended at 5-5 % in respect of import­ ations . 4 . By way of derogation from paragraphs 1 to 3 , the Member States may draw shares lower than those specified in those paragraphs if there are grounds for 3 . Within this quota , new Member States shall believing that those specified may not be used in full . apply duties calculated in accordance with the rele­ Any Member State applying this paragraph shall vant provisions of the Act of Accession . inform the Commission of its grounds for so doing.

No L 218 / 10 Official Journal of the European Communities 9 . 8 . 74

Article5¶

Additional shares drawn pursuant to Article 4 shall be 1 . The Member States shall take all appropriate valid until 31 December 1974 . measures to ensure that additional shares drawn pursuant to either Article 3 or Article 4 are opened in Article 6 such a way that importations may be charged without interruption against their accumulated shares of the Any Member State referred to in Article 2 which on 15 October 1974 has not exhausted its initial share relevant quota . shall not later than 10 November 1974 return to the 2. The Member States shall ensure that importers reserve the unused portion in excess of 20 % of the of the product in question ' established in their terri­ initial amount. It may return a greater portion if there tories have free access to the shares allocated to them . are grounds for believing that such portion may not be used in full . 3 . The extent to which the Member States have Those Member States shall , not later than 10 used up their shares shall be determined on the basis November 1974, notify the ConYmission of the total of the importations of the product in question entered for home use . quantities of the product in question imported up to and including 15 October 1974 and charged against the Community quota and of any portion of their Article 9 initial shares returned to the reserve . The Member States shall notify the Commission at Article 7 regular intervals of the importations charged against their shares . 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 the information reaches it, Article 10 inform each State of the extent to which the reserve has been used up . The Member States and the Commission shall co­ It shall , not later than 15 November 1974, inform the operate closely to ensure that this Regulation is Member States of the amounts still in reserve complied with . following any return of shares pursuant to Article 6.

It shall ensure that when an amount exhausting one Article 11 of the reserve is drawn the amount so drawn does not exceed the balance available, and to this end shall This Regulation shall enter into force on the seventh notify the amount of that balance to the Member State day following its publication in the Official Journal making the last drawing. 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