31974R2091

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REGULATION ( EEC) No 2091 / 74 OF THE COUNCIL of 2 August 1974 on the opening , allocation and administration of a Community tariff quota for 1974 for ferro-chromium containing not less than 4 % by weight of carbon falling within subheading ex 73.02 E I of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN Benelux 5 718 metric tons COMMUNITIES , Denmark 240 metric tons Germany 12 708 metric tons France 7 146 metric tons Having regard to the Treaty establishing the European Italy 6 354 metric tons Economic Community, and in particular Article 28 United Kingdom 27 794 metric tons thereof ; Whereas the most recently available economic infor­ mation concerning Ireland would not at present Having regard to the draft Regulation submitted by justify its participation in the allocation of the quota ; the Commission ; whereas, since the quota is a Community tariff quota, it is appropriate to provide for this Member State a commercially exploitable share, which should amount Whereas Community production of ferro-chromium to 20 metric tons ; whereas this system of allocation containing not less than 4 % by weight of carbon also ensures the uniform application of the Common falling within subheading ex 73.02 E I of the Customs Tariff ; Common Customs Tariff is inadequate and producers are unable to meet the total requirements of consumer Whereas, to take account of future import trends for industries in the Community ; whereas it is therefore the product concerned, the quota should be divided in the Community's interest to suspend totally in into two tranches, the first being allocated among respect of this metal the application of the Common Member States and the second held as a reserve to Customs Tariff duty until 31 December 1974, within a cover subsequently the requirements of Member States limited tariff quota which should be fixed at 30 000 which have exhausted their initial share ; whereas , to metric tons so that Community development pros­ give importers some degree of certainty, the first pects of the production sector concerned are not tranche of the tariff quota should be fixed at a rela­ affected ; tively high level which could be 27 000 metric tons ;

Whereas Member States may exhaust their initial Whereas equal and continuous access to the quota shares at different rates ; whereas to avoid disruption should be ensured for all Community importers and of supplies on this account it should be provided that the rate of duty for the tariff quota should be applied any Member State which has almost used up its initial consistently to all imports until the quota is share should draw an additional share from the exhausted ; whereas , in the light of these principles, reserve ; whereas each time its additional share is arrangements for the utilization of the tariff quota almost exhausted a Member State should draw a based on an allocation among Member States would further share , and so on as many times as the reserve seem to be consistent with the Community nature of allows ; whereas the initial and additional shares the quota ; whereas, to correspond as closely as should be valid until the end of the quota period ; possible to the actual trend of the market in the whereas this form of administration requires close product in question , allocation of the quota should be collaboration between the Member States and the in proportion to the requirements of the Member Commission , and the Commission must be in a posi­ States as calculated by reference to statistics of imports tion to keep account of the extent to which the quotas from third countries during a representative reference have been used up and to inform the Member States period and to the economic outlook for the quota accordingly ; period in question . Whereas if at a given date in the quota period a considerable quantity of a Member State's initial share Whereas , however, since the quota is an autonomous remains unused it is essential that such State should Community tariff quota intended to cover import return a significant proportion thereof to the reserve , needs arising in the Community, the allocation of the in order to prevent a part of a quota from remaining quota may be made on the basis of the actual import unused in one Member State while it could be used in needs from third countries expressed by each of the others . Member States ; whereas, on the basis of economic information supplied and allowing for duty-free Whereas, since the Kingdom of Belgium , the supplies from the Community or certain third coun­ Kingdom of the Netherlands and the Grand Duchy of tries, these needs would be as follows : Luxembourg are united within and jointly represented

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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 , a 1 . From 1 September to 31 December 1974 a tariff Member State may draw shares lower than those speci­ quota of 30 000 metric tons shall be opened within fied in those paragraphs if there are grounds for the Community in respect of ferro-chromium believing that those specified ' may not be used in full . containing not less than 4 % by weight of carbon Any Member State applying this paragraph shall falling within subheading ex 73.02 E I pf the inform the Commission of its grounds for so doing. Common Customs Tariff . Article 4 2. Imports of the product in question already bene­ fiting from exemption of customs duties by virtue of Additional shares drawn pursuant to Article 3 shall be another preferential tariff arrangement are not charge­ valid until 31 December 1974 . able against this tariff quota . 3. Within this quota, the Common Customs Tariff Article 5 shall be totally suspended in respect of importations . Any Member State which on 15 November 1974 has 4. Within this quota, new Member . States shall not exhausted one of its initial shares shall not later apply in respect of importations duties calculated in than 10 December 1974 return to the reserve the accordance with the relevant provisions of the Act of unused portion in excess of 20 % of the initial Accession . amount . It may return a greater portion if there are grounds for believing that such portion may not be Article 2 used in full . 1 . A first tranche of 27 000 metric tons of this The Member States shall , not later than 10 December Community tariff quota shall be allocated among the 1974, notify the Commission of the total quantities of Member States ; the shares , which subject to Article 6 the products in question imported up to and shall be valid until 31 December 1974, shall be as including 15 November 1974 and charged against the follows : Community quotas and of any portion of their initial Benelux 2 380 metric tons sh'ares returned to the reserve . Denmark 100 metric tons Germany 8 000 metric tons France 3 000 metric tons Article 6 Ireland 20 metric tons The Commission shall keep an account of the shares Italy 2 500 metric tons opened by the Member States pursuant to Articles 2 United Kingdom 1 1 000 metric tons . and 3 and shall , as soon as the information reaches it, 2 . The second tranche of 3 000 metric tons shall inform each State of the extent to which the reserve constitute a reserve . has been used up .

It shall , not later than 15 December 1974, inform the Article 3 Member States of the amounts still in reserve 1 . As soon as one of the Member States has used following any return of shares pursuant to Article 5. 90 % or more of its initial share as fixed in Article It shall ensure that when an amount exhausting the 2(1 ), or of that share minus any portion returned to reserve is drawn , the amount so drawn does not the reserve pursuant to Article 5, it shall forthwith , by exceed the balance available , and to this end shall notifying the Commission , draw a second share , to the notify the amount of that balance to the Member State extent that the reserve so permits , equal to 10 % of its making the last drawing . initial share rounded up as necessary to the next whole number . Article 7 2. As soon as one of the Member States , after exhausting its initial share, has used 90 % or more of 1 . The Member States shall take all appropriate the second share drawn by it , that Member State shall measures to ensure that additional shares drawn forthwith , in the manner and to the extent provided pursuant to Article 3 are opened in such a way that in paragraph I , draw a third share equal to 5 % of its importations may be charged without interruption initial share . against their accumulated share of the tariff quota .

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2. The Member States shall ensure that importers A rticlc 8 of the product in question established in their terri­ The Member States shall notify the Commission at tories have free access to the shares allocated to them . regular intervals of the importations charged against their shares . 3 . The Member State shall charge importations of Article 9 the product in question against their shares as and when the product is entered with the customs authori­ The Member States and the Commission shall ties for home use . cooperate closely to ensure that this Regulation is complied with . 4 . The extent to which the Member States have Article 10 used up their shares shall be determined on the basis of the importations charged against their shares in This Regulation shall enter into force on 1 September accordance with paragraph 3 . 1974 .

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