31974R2424

No L 261 / 18 Official Journal of the European Communities 27 . 9 . 74

REGULATION (EEC) No 2424/74 OF THE COUNCIL of 23 September 1974 on the opening, allocation and administration of a Community tariff quota for ferro-silico-manganese, falling within subheading 73.02 D of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN Whereas, in view of these factors and of market fore­ COMMUNITIES, casts for ferro-silico-manganese for 1975, the percen­ tage shares in the quota volume can be expressed roughly as follows : Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 Benelux 8-33 thereof ; Denmark 0-62 Germany 82-20 Having regard to the proposal from the Commission ; France 0-10 Ireland 1 -04 Italy 3-54 Whereas, as regards ferro-silico-manganese , falling United Kingdom 4-17 within subheading 73.02 D, the European Economic Community has undertaken to open an annual duty­ free Community tariff quota of 50 000 metric tons Whereas, to take account of future import trends for from 1969 ; whereas the tariff quota concerned should the product concerned, the quota should be divided therefore be opened on 1 January 1975 and allocated into two tranches, the first being allocated and the among the Member States ; whereas the duties to be second held as a reserve to cover at a later date the applied by the new Member States within the quota requirements of Member States which have used up must comply with the relevant provisions of the Act their initial share ; whereas, to give importers some of Accession ; degree of certainty, the first tranche of the Commu­ nity tariff quota should be fixed at a relatively high level which, in this case, might be 96 % of the Whereas equal and continuous access to the quota volume of the quota ; should be ensured for all Community importers and the rate of duty for the tariff quota should be applied consistently to all imports until the quota is used up ; Whereas initial shares may be used up fairly quickly ; whereas in the light of the principles outlined above, whereas to avoid disruption of supplies on this arrangements for the utilization of the Community account, any Member State which has almost used up tariff quota based on an allocation among Member its initial share should draw an additional share from States would seem to be consistent with the Commu­ the reserve ; whereas each time its additional share is nity nature of the quota ; whereas, in order that it may almost used up, a Member State should draw a further correspond as closely as possible to the actual trend of share, and so on , as many times as the reserve allows ; the market in the product in question, allocation of whereas the initial and additional shares should be the quota should be in proportion to the requirements valid until the end of the quota period ; whereas this of the Member States as calculated by reference to form of administration requires close collaboration statistics of imports from third countries during a between the Member States and the Commission , and representative reference period and to the economic the Commission must be in a position to keep outlook for the quota period in question ; account of the extent to which the quota has been used up and to inform the Member States accord­ ingly ; Whereas during the past three years for which statis­ tics are fully available, the corresponding imports into each of the Member States represented the following Whereas if at a given date in the quota period a percentages of the total imports of the product in considerable quantity of a Member State's initial share question : remains unused , it is essential that it should return a significant proportion thereof to the reserve to prevent 1971 1972 1973 a part of the quota from remaining unused in one 1 2-22 10-80 1 6-65 Member State while it could be used in others ; Benelux Denmark 0-00 1 - 69 0-00 Germany 65-63 55-24 62-59 Whereas, since the Kingdom of Belgium , the France 0-33 0-43 0-93 Kingdom of the Netherlands and the Grand Duchy of Ireland 0-00 0-01 0-00 Luxembourg arc united within and jointly represented Italy 1 5-69 15-26 1 5-8 1 by the Benelux Economic Union , any measure 6-13 16-57 4-02 concerning the administration of the shares allocated United Kingdom

27. 9 . 74 Official Journal of the European Communities No L 261 / 19

to that Economic Union may be carried out by any second share equal to 10 % of its initial share, one of its members, rounded up where necessary to the next unit, to the extent permitted by the amount of the reserve.

2. If, after its initial share has been used up, 90 % or more of the second share drawn by a Member State HAS ADOPTED THIS REGULATION : has been used up, that Member State shall, without delay, in accordance with the conditions imposed by paragraph 1 , draw a third share, equal to 5%-of its initial share . Article 1

3 . If, after its second share has been used up, 90 % 1 . During the period from 1 January to 31 or more of the third share drawn by a Member State December 1975 a Community tariff quota of 50 000 has been used up, that Member State shall, without metric tons shall be opened in the Community for delay, in accordance with the same conditions, draw a ferro-silico-manganese, falling within subheading fourth share equal to the third. 73.02 D of the Common Customs Tariff. This process shall continue to apply until the reserve 2. Imports of the products in question shall not be is used up. counted under the tariff quota if they are already free of customs duties under other preferential tariff treat­ 4. By way of derogation from paragraphs 1 to 3, a ment applied by certain Member States, in particular Member State may draw shares lower than those fixed under free trade arrangements. in those paragraphs if there are grounds for believing that those fixed may not be used up. It shall inform the Commission of its reasons for applying this para­ 3 . Within this tariff quota the Common Customs graph. Tariff duty shall be totally suspended.

4. Within this tariff quota the new Member States Article 4 shall apply duties calculated in accordance with the relevant provisions of the Act of Accession . Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1975 .

Article2¶

1 . The first tranche of 48 000 metric tons of this A Member State which on 15 September 1975 has not . quota shall be allocated among the Member States ; used up its initial share shall return to the reserve not the respective shares of the Member States, which, later than 10 October 1975 any unused portion in subject to Article 5, shall be valid until 31 December excess of 20 % of the initial amount. It may return a 1975 , shall be as follows : greater portion if there are grounds for believing that such portion may not be used up. Benelux 4 000 metric tons Denmark 300 metric tons Member States shall, not later than 10 October 1975, Germany 39 450 metric tons notify the Commission of the total quantities of the France 50 metric tons product in question imported up to and including 15 Ireland 500 metric tons September 1975 and charged against the Community Italy 1 700 metric tons quota and of any portion of their initial shares United Kingdom 2 000 metric tons returned to the reserve .

2. The second tranche, of 2 000 metric tons, shall constitute the reserve . Article 6

The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 Article 3 and 3 and shall , as soon as it has been notified , inform each State of the extent to which the reserve has been 1 . If 90 % or more of a Member State's initial share used up. as specified in Article 2 ( 1 ), or of that share minus the portion returned to the reserve where Article 5 is It shall inform the Member States , not later than 15 applied, has been used up, that Member State shall, October 1975, of the amount still in reserve following without delay, by notifying the Commission , draw a any returns pursuant to Article 5.

No L 261 /20 Official Journal of the European Communities 27. 9 . 74

It shall ensure that when an amount using up the 4. The extent to which a Member State has used up reserve is drawn the amount so drawn does not exceed its share shall be determined on the basis of the the balance available, and to this end shall notify the imports charged in accordance with paragraph 3 . amount of that balance to the Member State making the last drawing. Article 8 Article 7 Member States shall inform the Commission at 1 . Member States shall take all appropriate regular intervals of the imports actually charged measures to ensure that additional shares drawn against their shares. pursuant to Article 3 are opened in such a way that imports may be charged without interruption against Article 9 their accumulated shares in the Community quota. 2. Member States shall ensure that importers of the Member States and the Commission shall cooperate product in question established in their territory have closely to ensure that this Regulation is observed. free access to the shares allocated to them .

3 . Member States shall charge imports of the Article 10 product in question against their shares as and when the product is entered with the customs authorities for This Regulation shall enter into force on 1 January home use . 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