31975R1800

No L 184/ 12 Official Journal of the European Communities 15 . 7 . 75

REGULATION ( EEC) No 1800 / 75 OF THE COUNCIL

of 10 July 1975

on the opening, allocation and administration of an autonomous Community tariff quota for 1975 for ferro-silico-manganese falling within subheading 73.02 D of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN ferro-silico-manganese market during the current year, COMMUNITIES , the tariff quota of 50 000 metric tons opened by Regu­ lation ( EEC) No 2424/74 was allocated in the following percentages : Having regard to the Treaty establishing the European Economic Community, and in particular Article 28 thereof ; Benelux 8-33 Denmark 0-62 Having regard to the draft Regulation submitted by 82-20 Germany the Commission ; France 010 Ireland 1-04 Italy 3-54 Whereas , as regards ferro-silico-manganese falling 4-17 within subheading 73.02 D of the Common Customs United Kingdom Tariff, a conventional duty free Community tariff quota of 50 000 metric tons has been opened by the Council for 1975 and allocated among the Member States by Regulation ( EEC) No 2424/74 ('); Whereas , since the quota is an autonomous Commu­ nity tariff quota intended to cover additional import needs arising in the Community, the allocation of the Whereas , bearing in mind present Community produc­ additional share may be made on the basis of the tion capacity, the abovementioned quota will not actual needs expressed by each of the Member States ; cover the entire Community import requirements of whereas the United Kingdom , Denmark, Germany, ferro-silico-manganese from third countries ; whereas it is therefore desirable that an autonomous Commu­ the three Member States comprising the Benelux Economic Union and Italy have stated that they nity tariff quota limited to 14 000 metric tons be require further supplies of 1 900, 100, 12 000, 10 000 opened ; whereas the fixing of the quota amount at and 1 000 metric tons respectively ; whereas the needs this new level does not exclude a new adjustment in of France, taking account of its production capacity, the course of the quota period ; whereas, so as not to can be estimated at 100 metric tons ; whereas in the prejudice Community development prospects in the case of Ireland , its drawings on its share of the initial production area concerned , the quota duty applicable quota opened by the abovementioned Regulation and should be fixed at 4 % ; the most recently available economic information and statistics do not justify at present its participation in Whereas equal and continuous access to the quota the proposed increase of the Community tariff quota ; should be ensured for all Community importers and whereas , moreover, should additional needs arise the rate of duty for the tariff quota should be applied subsequently in that Member State it may have consistently to all imports until the quota is recourse to the procedure set up under Article 3 of exhausted ; whereas in the light of these principles this Regulation ; whereas this system of allocation also arrangements for the utilization of the tariff quota ensures the uniform application of the Common based on an allocation among Member States would Customs Tariff ; seem to be consistent with the Community nature of the quota ; whereas to correspond as closely as possible to the actual trend of the market in the product in question , allocation of the quota should be Whereas , to take account of future import trends for in proportion to the requirements of the Member the product concerned , the quota should be divided States as calculated by reference to statistics of imports into two tranches, the first being allocated among the from third countries during a representative reference abovementioned Member States and the second held period and to the economic outlook for the quota as a reserve to cover subsequently the requirements of period in question ; Member States which have exhausted their new shares and any additional requirements which might arise in Whereas , on the basis of statistics available at the time the other Members States ; whereas , to give importers and allowing for the foreseeable development of the 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. 18 . tively high level which could be 12 010 metric tons ;

15 . 7 . 75 No L 184/ 13 Official Journal of the European Communities

Whereas Member States may exhaust their initial Benelux 5 000 metric tons, shares at different rates ; whereas to avoid disruption Denmark 17 metric tons, of supplies on this account it should be provided that Germany 5 619 metric tons, France 1 5 metric tons, any Member State which has almost used up its initial share should draw an additional share from the 469 metric tons , Italy reserve ; whereas each time its additional share is United Kingdom 890 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 1 990 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-silico-manganese be required in Ireland, accordingly ; that 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 14 000 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-silico-manganese falling within subheading 73.02 D 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 4 % .

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 12 010 metric tons of this A rticle 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 .

No L 184/ 14 15 . 7 . 75 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 the importations charged against It shall , not later than 5 November 1975, inform the their 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.

Article 11 Article 8 i 1 . The Member States shall take all appropriate This Regulation shall enter into force on 1 August measures to ensure that additional shares drawn 1 975 .

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