31974R2425

27. 9 . 74 Official Journal of the European Communities No L 261 /21

REGULATION ( EEC) No 2425 /74 OF THE COUNCIL of 23 September 1974 on the opening, allocation and administration of a Community tariff quota for ferro-chromium , containing not more than 10 % by weight of carbon and more than 30 % but not more than 90 % by weight of chromium (super-refined ferro­ chromium), falling within subheading ex 73.02 E I of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN Whereas, in view of these factors and of market fore­ COMMUNITIES, casts for ferro-chromium for 1975, the percentage 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 thereof ; Benelux 5-66 Denmark 0-34 Germany 6-17 Having regard to the proposal from the Commission ; France 0-34 Ireland 001 Whereas, as regards ferro-chromium, containing not Italy 84-14 more than 10 % by weight of carbon and more than United Kingdom 3-34 30 % but not more than 90 % of chromium (super­ refined ferro-chromium), falling within subheading ex 73.02 E I, the European Economic Community has Whereas, since this tariff quota is for a relatively small undertaken to open an annual duty-free tariff quota of quantity, it seems possible to provide for a system of 3 000 metric tons-; whereas the tariff quota concerned use based on only one allocation and at the same time should therefore be opened on 1 January 1975 and preserve the Community nature of the quota ; whereas allocated among the Member States ; whereas the such an allocation may therefore be based on the duties to be applied by the new Member States within percentage figures shown in the table above ; the quota must comply with the relevant provisions of the Act of Accession ; Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Whereas arrangements for the utilization of the Luxembourg are united within and jointly represented Community tariff quota based on an allocation among by the Benelux Economic Union, any measure Member States would seem to be consistent with the concerning the administration of the shares allocated Community nature of the quota ; whereas, in order to that Economic Union may be carried out by any that it may correspond as closely as possible to the one of its members, actual trend of the market in the product in question , allocation of the quota should be in proportion to the requirements of the Member States as calculated by reference to statistiscs of imports from third countries during a representative reference period and to the HAS ADOPTED THIS REGULATION : economic outlook for the quota period in question ;

Whereas, during the past three years for which statis­ tiscs are fully available, the corresponding imports Article 1 into each of the Member States represented the following percentages of the total imports of the product in question : 1 . During the period from 1 January to 31 December 1975 a Community tariff quota of 3 000 1971 1972 1973 metric tons shall be opened in the Community for ferro-chromium, containing not more than 10 % by Benelux 1-46 1-55 1-38 weight of carbon and more than 30 % but not more Denmark 1 -43 1-33 0-08 than 90 % of chromium (super-refined ferro-chro­ Germany 65-85 ( 1 ) 77-62 (!) 78-80 0 France mium), falling within subheading ex 73.02 E I of the 2-21 2-08 1-05 Common Customs Tariff. Ireland 0 0-01 0 Italy 21-51 9-67 9-20 United Kingdom 7-54 7-74 9-49 2. Imports of the product in question shall not be counted under this tariff quota if they are already free (,1 ) Based on general imports of ferro-chromium . of customs duties under other preferential tariff

No L 261 /22 Official Journal of the European Communities 27. 9 . 74

treatment applied by certain Member States, in parti­ Article 3 cular under free trade agreements . 1 . Member States shall ensure that importers of the product in question established in their territory have 3. Within this tariff quota the Common Customs free access to the shares allocated to them . Tariff duty shall be totally suspended. 2. The extent to which a Member State has used up 4. Within this tariff quota the new Member States its share shall be determined on the basis of the shall apply duties calculated in accordance with the imports of the products in question entered with the relevant provisions of the Act of Accession . customs authorities for home use .

Article 4 Article 2 Member States shall inform the Commission at The Community tariff quota referred to in Article 1 regular intervals of the imports actually charged shall be divided between Member States as follows : against their shares . Benelux 170 metric tons Article 5 Denmark 10 metric tons Member States and the Commission shall cooperate Germany 185 metric tons closely to ensure that this Regulation is observed. France 10 metric tons Ireland 1 metric ton Article 6 Italy 2 524 metric tons This Regulation shall enter into force on 1 January 100 metric tons 1975 . United Kingdom

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