31975R1799

15 . 7 . 75 No L 184/ 9 Official Journal of the European Communities

REGULATION ( EEC) No 1799/ 75 OF THE COUNCIL of 10 July 1975 on the opening , allocation and administration of an autonomous Community tariff quota for 1975 for ferro-silicon falling within subheading 73.02 C of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN Whereas , on the basis of statistics available at the time COMMUNITIES , and allowing for the foreseeable development of the ferro-silicon market during the current year, the tariff quota of 20 000 metric tons opened by Regulation Having regard to the Treaty establishing the European (EEC) No 2423 /74 was allocated in the following Economic Community, and in particular Article 28 percentages : thereof ;

Having regard to the draft Regulation submitted by Benelux 64-75 the Commission ; Denmark 0-75 15-00 Germany France 0-25 Whereas, as regards ferro-silicon falling within Ireland 1-25 subheading 73.02 C of the Common Customs Tariff, a Italy 4-25 conventional duty free Community tariff quota of 13-75 20 000 metric tons has been opened by the Council United Kingdom for 1975 and allocated among the Member States by Regulation ( EEC) No 2423 /74 (');

Whereas , bearing in mind present production capacity within the Community and the large increase in ferro­ Whereas, since the quota is an autonomous Commu­ silicon required for the manufacture of steel , the nity tariff quota intended to cover additional import abovementioned quota will not cover the entire needs arising in the Community, the allocation of the Community import requirements of ferro-silicon from additional share may be made on the basis of the third countries ; whereas it is therefore desirable that actual needs expressed by each of the Member States ; an autonomous Community tariff quota limited to whereas in the case of Ireland , its drawings on its 12 500 metric tons be opened ; whereas the fixing of share of the initial quota opened by the abovemen­ the quota amount at this new level does not exclude a tioned Regulation and the most recently available new adjustment in the course of the quota period ; economic information and statistics, do not justify its whereas, so as not to prejudice Community develop­ participation at present in the proposed increase of ment prospects in the production area concerned , the the Community tariff quota ; whereas, moreover, quota duty applicable should be fixed at 7 % ; should additional needs arise subsequently in that Member State , it may have recourse to the procedure set up under Article 3 of this Regulation ; whereas this Whereas equal and continuous access to the quota system of allocation also ensures the uniform applica­ should be ensured for all Community importers and tion of the Common Customs Tariff ; the rate of duty for the tariff quota should be applied 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 seem to be consistent with the Community nature of Whereas, to take account of future import trends for the quota ; whereas to correspond as closely as the product concerned , the quota should be divided possible to the actual trend of the market in the into two tranches , the first being allocated among the product in question , allocation of the quota should be abovementioned Member States and the second held in proportion to the requirements of the Member as a reserve to cover subsequently the requirements of Member States which have exhausted their new shares States as calculated by reference to statistics of imports from third countries during a representative reference and any additional requirements which might arise in period and to the economic outlook for the quota the other Mcmlu-rs States ; whereas, to give importers period in question ; of Member States some degree of certainty, the first tranche of the tariff quota should be fixed at a rela­ (') OJ No L 261 , 27 . 9 . 1974, p. 16 . tively high level which could be 1 1 500 metric tons ;

No L 184 / 10 Official Journal of the European Communities 15 . 7 . 75

Whereas Member States may exhaust their initial Benelux 5 700 metric tons , shares at different rates ; whereas to avoid disruption Denmark 1 7 metric tons, of supplies on this account it should be provided that Germany 3 650 metric tons , France 1 3 metric tons, any Member State which has almost used up its initial share should draw an additional share from the Italy 1 30 metric tons, reserve ; whereas each time its additional share is United Kingdom 1 990 metric tons . almost exhausted a Member State should draw a further share, and so on as many times as the reserve 2 . The second tranche of 1 000 metric tons shall allows ; whereas the initial and additional shares constitute a reserve . should be valid until the end of the quota period ; whereas this form of administration requires close collaboration between the Member States and the Commission , and the Commission must be in a posi­ Article 3 tion to keep account of the extent to which the quotas have been used up and to inform the Member States Should ferro-silicon be required in Ireland, that accordingly ; Member State shall draw a sufficient share from the reserve to the extent that the reserve so permits. Whereas if at a given date in the quota period a considerable quantity of a Member State's initial share remains unused it is essential that such State should Article 4 return a significant proportion thereof to the reserve, in order to prevent a part of a quota from remaining unused in one Member State while it could be used in 1 . As soon as one of the Member States referred to others ; in Article 2 has used 90 % or more of its initial share as fixed in Article 2 ( 1 ), or of that share minus any Whereas, since the Kingdom of Belgium, the portion returned to the reserve pursuant to Article 6 , Kingdom of the Netherlands and the Grand Duchy of it shall forthwith, by notifying the Commission , draw Luxembourg are united within and jointly represented a second share , to the extent that the reserve so by the Benelux Economic Union, any measure permits, equal to 10 % of its initial share rounded up concerning the administration of the shares allocated as necessary to the next whole number. to that Economic Union may be carried out by any one of its members, 2 . As soon as one of the Member States, after exhausting its initial share, has used 90 % or more of the second share drawn by it, that Member State shall forthwith, in the manner and to the extent provided HAS ADOPTED THIS REGULATION : in paragraph 1 , draw a third share equal to 5 % of its initial share . Article 1 3 . As soon as one of the Member States, after exhausting its second share , has used 90 % or more of 1 . From the date of entry into force of this Regula­ the third share drawn by it, that Member State shall tion until 31 December 1975 a tariff quota of 12 500 forthwith , and in accordance with the same condi­ metric tons shall be opened within the Community in tions, draw a fourth share equal to the third . respect of ferro-silicon falling within subheading 73.02 C of the Common Customs Tariff. It shall continue in this fashion until the reserve is exhausted . 2 . Within this quota, Community Customs Tariff duty shall be suspended at 7 % . 4. By way of derogation from paragraphs 1 to 3, the 3 . Within this quota, Member States shall apply Member States may draw shares lower than those quota duties calculated in accordance with the rele­ specified in those paragraphs if there are grounds for vant provisions of the Act of Accession . believing that those specified may not be used in full . Any Member State applying this paragraph shall inform the Commission of its grounds for so doing. Article 2

1 . A first tranche of 11 500 metric tons of this Article 5 Community tariff quota shall be allocated among certain Member States ; the shares, which subject to Article 6 shall be valid until 31 December 1975 , shall Additional shares drawn pursuant to Article 4 shall be be as follows : valid until 31 December 1975 .

15 . 7 . 7.5 No L 184/ 11 Official Journal of the European Communities

Article 6 pursuant to either Article 3 or 4 are opened in such a way that importations may be charged without inter­ The Member States referred to in Article 2 shall , not ruption against their accumulated shares of the rele­ later than 1 November 1975 , return to the reserve the vant quota . unused portion of their initial share which , on 15 October 1975, is in excess of 20% of the initial 2 . The Member States shall ensure that importers volume . They may return a greater portion if there are of the product in question established in their territo­ grounds for believing that it may not be used in full . ries have free access to the shares allocated to them .

Those Member States shall , not later than 1 3 . The Member States shall charge importations of November 1975, notify the Commission of the total the product in question against their shares as and quantities of the product in question imported up to when the product is entered with the customs authori­ and including 15 October 1975 and charged against ties for home use . the Community quota and of any portion of these initial shares returned to the reserve . 4 . The extent to which the Member States have used up their shares shall be determined on the basis Article 7 of the importations charged against those shares in accordance with paragraph 3 . The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2, 3 and 4 and shall , as soon as the information reaches it, Article 9 inform each State of the extent to which the reserve has been used up . At the request of the Commission, the Member States shall inform it of importations charged against their It shall , not later than 5 November 1975, inform the shares . Member States of the amount still in reserve following any return of shares pursuant to Article 6 . Article 10 It shall ensure that when an amount exhausting the reserve is drawn the amount so drawn does not exceed The Member States and the Commission shall coop­ the balance available, and to this end shall notify the erate closely to ensure that this Regulation is amount of that balance to the Member State making complied with . the last drawing.

Article11¶

1 . The Member States shall take all appropriate This Regulation shall enter into force on 1 August measures to ensure that additional shares drawn 1975 .

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

Done at Brussels, 10 July 1975 . For the Council

The President

E. COLOMBO