31974R2423

No L 261 / 16 Official Journal of the European Communities 27 . 9 . 74

REGULATION ( EEC) No 2423/74 OF THE COUNCIL of 23 September 1974 on the opening, allocation and administration of a Community tariff quota for ferro-silicon , falling within subheading 73.02 C of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN Whereas, in view of these factors and of market fore­ COMMUNITIES , casts for ferro-silicon for 1975, the percentage shares in the quota volume can be expressed roughly as follows : Having regard to the Treaty establishing the European Benelux 64-75 Economic Community, and in particular Article 113 Denmark 0-75 thereof : Germany 15-00 France 0-25 Ireland 1-25 Having regard to the proposal from the Commission ; Italy 4-25 United Kingdom 13-75

Whereas, as regards ferro-silicon, falling within Whereas, since this tariff quota is for a relatively small subheading 73.02 C, the European Economic Commu­ quantity, it seems possible to provide for a system of nity has undertaken to open an annual duty-free use based on only one allocation and at the same time Community tariff quota of 20 000 metric tons ; preserve the Community nature of the quota ; whereas whereas the tariff quota concerned should therefore be such an allocation may therefore be based on the opened on 1 January 1975 and allocated among the percentage figures shown in the table above ; Member States ; whereas the duties to be applied by the new Member States within the tariff quota must Whereas, since the Kingdom of Belgium, the comply with the relevant provisions of the Act of Kingdom of the Netherlands and the Grand Duchy of Accession ; Luxembourg are united within and jointly represented by the Benelux Economic Union , any measure concerning the administration of the shares allocated Whereas arrangements for the utilization of the to that Economic Union may be carried out by any one of its members, Community tariff quota based on an allocation among Member States would seem to be consistent with the Community nature of the quota ; whereas, in order that it may correspond as closely as possible to the actual trend of the market in the product in question, HAS ADOPTED THIS REGULATION : allocation of the quota should be in proportion to the requirements of the Member States as calculated by reference to statistics of imports from third countries Article 1 during a representative reference period and to the economic outlook for the quota period in question ; 1 . During the period from 1 January to 31 December 1975 a Community tariff quota of 20 000 metric tons shall be opened in the Community for Whereas, during the past three years for which statis­ tics are fully available , the corresponding imports into ferro-silicon , falling within subheading 73.02 C of the Common Customs Tariff. each of the Member States represented the following percentages of the total imports of the product in question : 2 . Imports of the product in question shall not be counted under this tariff quota if they are already free of customs duties under other preferential tariff treat­ 1971 1972 1973 ment applied by certain Member States, in particular under free trade arrangements . Benelux 20-85 1 5-69 20-33 Denmark 0-31 2-02 0-64 49-77 49-74 61-60 3 . Within this tariff quota the Common Customs Germany France 0-10 0-31 0-33 Tariff duty shall be totally suspended . Ireland 0-02 0-65 0-00 Italy 13-55 8-81 10-67 4. The new Member States shall also apply duty United Kingdom 1 5-40 22-78 6-44 exemptions within this quota.

27 . 9 . 74 Official Journal of the European Communities No L 261 / 17

Article 2 imports of the products in question entered with the customs authorities for home use . The Community tariff quota referred to in Article 1 shall be divided between Member States as follows : Article 4 Benelux 12 950 metric tons Denmark 150 metric tons Member States shall inform the Commission at Germany 3 000 metric tons regular intervals of the imports actually charged France 50 metric tons against their shares. Ireland 250 metric tons Italy 850 metric tons Article 5 United Kingdom 2 750 metric tons Member States and the Commission shall cooperate Article 3 closely in order to ensure that this Regulation is observed . 1 . Member States shall ensure that importers of the product in question established in their territory have free access to the shares allocated to them . Article 6

2. The extent to which a Member State has used up This Regulation shall enter into force on 1 January its share shall be determined on the basis of the 1975 .

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

Done at Brussels, 23 September 1974. For the Council

The President Ch . PONCELET