31975R0195

No L 21 / 2 28 . 1 . 75 Official Journal of the European Communities

REGULATION ( EEC) No 195 / 75 OF THE COUNCIL of 22 January 1975 opening, allocating and administering a Community tariff quota for ferro-chro­ mium , containing not less than 4 % by weight of carbon , falling within subheading ex 73.02 E I of the Common Customs Tariff and extending the benefit of this quota to certain imports of ferro-chromium , containing a quan­ tity of between 3 and 4 % by weight of carbon

THE COUNCIL OF THE EUROPEAN Whereas, however, since the quota is an autonomous COMMUNITIES, Community tariff quota intened to cover import needs arising in the Community, it may, as an experi­ ment, be allocated on the basis of the temporary Having regard to the Treaty establishing the European import needs from third countries expressed by each Economic Community, and in particular Article 28 of the Member States ; whereas , on the basis of thereof ; economic information supplied and allowing for duty­ free supplies from the Community or certain third countries, these needs would amount to the following Having consulted the Commission ; percentages of the tariff quota ; whereas the most recently available economic information concerning Whereas Community production of ferro-chromium Ireland would not at present justify its participation in the allocation of the quota ; whereas, since the quota containing not less than 4 % by weight of carbon , is a Community tariff quota, it is appropriate to falling within subheading ex 73.02 E I of the Common Customs Tariff is inadequate and producers provide for this Member State a commercially exploit­ able share, which should amount to 20 metric tons, are unable to meet the total requirements of consumer i.e. 0-1 % ; whereas this system of allocation also industries in the Community ; whereas it is therefore ensures the uniform application of the Common in the Community's interest to suspend totally in Customs Tariff ; respect of this metal the application of the Common Customs Tariff duty until 31 December 1975, within a suitable tariff quota which could initially be fixed at 34 500 metric tons ; whereas this quota based on Benelux 18-8 conservative estimates, could be subsequently Denmark 0-1 adjusted ; 38-7 Germany France 114 Italy 61 Whereas relatively limited imports of ferro-chromium, United Kingdom 24-8 containing a quantity of between 3 and 4 % by weight of carbon are foreseeable for this quota period ; whereas provision should be made on a temporary basis for the extension of the benefit of the tariff Whereas, to take account of future import trends for quota in question to these imports, limiting it the product concerned , the quota should be divided however to 20 % of the quota volume taking account into two instalments, the first being allocated among of the existence of Community production ; Member States and the second held as a reserve to cover subsequently the requirements of Member States which have exhausted their initial share ; whereas, to Whereas equal and continuous access to the quota give importers some degree of certainty, the first instal­ should be ensured for all Community importers and ment of the tariff quota should be fixed at a relatively the rate of duty for the tariff quota should be applied high level which could be 32 540 metric tons ; consistently to all imports until the quota is exhausted ; whereas in the light of these principles arrangements for the utilization of the tariff quota based on an allocation among Member States would Whereas Member States may exhaust their initial seem to be consistent with the Community nature of shares at different rates ; whereas to avoid disruption the quota ; whereas, to correspond as closely as of supplies on this account it should be provided that possible to the actual trend of the market in the any Member State which has almost used up its initial product in question , allocation of the quota should be share should draw an additional share from the in proportion to the requirements of the Member reserve ; whereas each time its additional share is States as calculated by reference to statistics of imports almost exhausted a Member State should draw a from third countries during a representative reference further share , and so on as many times as the reserve period and to the economic outlook for the quota allows ; whereas the initial and additional shares period in question ; should be valid until the end of the quota period ;

28 . 1 . 75 No L 21 /3 Official Journal of the European Communities

whereas this form of administration requires close States ; the shares, which subject to Article 6 shall be collaboration between the Member States and the valid until 31 December 1975 , shall be as follows : Commission and the Commission must be in a posi­ tion to keep account of the extent to which the quotas Benelux 6 100 metric tons have been used up and to inform the Member States Denmark 20 metric tons accordingly ; 1 2 600 metric tons Germany France 3 700 metric tons Whereas if at a given date in the quota period a Ireland 20 metric tons considerable quantity of a Member State's initial share Italy 2 000 metric tons remains unused it is essential that such State should 8 100 metric tons United Kingdom return a significant proportion thereof to the reserve, in order to prevent a part of a quota from remaining 2 . The second instalment of 1 960 metric tons shall unused in one Member State while it could be used in constitute a reserve . others :

Whereas, since the Kingdom of Belgium, the Article J Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented 1 . As soon as one of the Member States has used by the Benelux Economic Union, any measure 90 % or more of its initial share as fixed in Article concerning the administration of the shares allocated 2 ( 1 ), or of that share minus any portion returned to to that Economic Union may be carried out by any the reserve pursuant to Article 5 , it shall forthwith , by one of its members, 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 Article 1 the second share drawn by it, that Member State shall forthwith , in the manner and to the extent provided 1 . Until 31 December 1975 a tariff quota of 34 500 in paragraph 1 , draw a third share equal to 5 % of its metric tons shall be opened within the Community in initial share . respect of ferro-chromium , containing not less than 4 % by weight of carbon , falling within subheading ex 3 . As soon as one of the Member States , after 73.02 E I of the Common Customs Tariff . exhausting its second share, has used 90 % or more of the third share drawn by it, that Member State shall 2. During this period the Member States shall be forthwith and in accordance with the same conditions , authorized within the 20 % limit of the quotas allo­ draw a fourth share equal to the third . cated to them or which they levy on the reserve in accordance with Articles 2 and 3 to charge against the It shall continue in this fashion until the reserve is said tariff quota, imports of ferro-chromium , exhausted . containing a quantity of between 3 and 4 % by weight of carbon . 4 . Notwithstanding paragraphs 1 to 3 , a Member State may draw shares lower than those specified in 3 . Imports of the product in question already those paragraphs if there are grounds for believing exempt from customs duties by virtue of another pref­ that those specified may not be used in full . Any erential tariff arrangement are not chargeable against Member State applying this paragraph shall inform this tariff quota. the Commission of its grounds for so doing. 4. The Common Customs Tariff duty on imports within this quota shall be totally suspended . Article 4 5 . New Member States shall apply duties on imports within this quota calculated in accordance Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1975 . with the relevant provisions of the Act of Accession .

Article2¶

1 . A first instalment of 32 540 tons of this Commu - Any Member State which on 15 September 1975 has nity tariff quota shall be allocated among the Member not exhausted one of its initial shares shall not later

No L 21 /4 Official Journal of the European Communities 28 . 1 . 75

than 10 October 1975 return to the reserve the pursuant to Article 3 are opened in such a way that unused portion in excess' of 20 % of the initial importations may be charged without interruption amount. It may return a greater portion if there are against their accumulated share of the tariff quota. grounds for believing that such portion may not be used in full . 2 . The Member States shall ensure that importers of the product in question established in their territo­ Not later than 10 October 1975 the Member States ries have free access to the shares allocated to them . shall notify the Commission of the total quantities of 3 . The Member States shall charge imports of the the products in question imported up to and product in question against their shares as and when including 15 September 1975 and charged against the the product is entered with the customs authorities for Community quotas and of any portion of their initial home use . shares returned to the reserves . 4 . The extent to which the Member States have Article 6 used up their shares shall be determined on the basis of the importations charged against their shares in The Commission shall keep an account of the shares accordance with paragraph 3 . opened by the Member States pursuant to Articles 2 and 3 and shall , as soon as the information reaches it, Article 8 inform each State of the extent to which the reserve has been used up . The Member States shall notify the Commission at Not later than 15 October 1975 it shall inform the regular intervals of the imports charged against their shares . Member States of the amounts still in reserve following any return of shares pursuant to Article 5. Article 9 It shall ensure that when an amount exhausting the reserve is drawn , the amount so drawn does not The Member States and the Commission shall coop­ exceed the balance available, and to this end shall erate closely to ensure that this Regulation is notify the amount of that balance to the Member State complied with . making the last drawing. Article 10 Article 7 This Regulation shall enter into force on the seventh 1 . The Member States shall take all appropriate day following its publication in the Official Journal measures to ensure that additional shares drawn of the European Communities.

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

Done at Brussels, 22 January 1975 . For the Council

The President G. FITZGERALD