31975R1801

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

REGULATION ( EEC) No 1801 / 75 OF THE COUNCIL of 10 July 1975 on the opening , allocation and administration of an autonomous Community tariff quota for 1975 for ferro-chromium containing not more than 010 % by weight of carbon and more than 30 % but not exceeding 90 % by weight of chro­ mium (super refined ferro-chromium) falling within subheading ex 73.02 E I of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN reference period and to the economic outlook for the COMMUNITIES , quota period in question ;

Having regard to the Treaty establishing the European Economic Community, and in particular Article 28 Whereas, on the basis of statistics available at the time thereof ; and allowing for the foreseeable development of the market in the product concerned during the current year, the tariff quota of 3 000 metric tons opened by Having regard to the draft Regulation submitted by Regulation (EEC) No 2425 / 74 was allocated in the the Commission ; following percentages :

Whereas as regards ferro-chromium containing by Benelux 5-66 weight not more than 0-10 % of carbon and more Denmark 0-34 than 30 % but not exceeding 90 % of chromium Germany 6-17 (super refined ferro-chromium) falling within France 0-34 subheading ex 73.02 E I of the Common Customs Ireland 001 Tariff, a conventional duty free Community tariff Italy 84-14 quota of 3 000 metric tons has been opened by the , United Kingdom 3-34 Council for 1975 and allocated among the Member States by Regulation ( EEC) No 2425/75 (') ;

Whereas, bearing in mind present Community produc­ Whereas, since the quota is an autonomous Commu­ tion capacity, the abovementioned quota will not nity tariff quota intended to cover additional import cover the entire Community import requirements of needs arising in the Community, the allocation of the this product from third countries ; whereas it is there­ additional share may be made on the basis of the fore desirable, in order that Community development actual needs expressed by each of the Member States ; prospects of the production sector concerned should whereas Denmark, France, the United Kingdom , not be affected , that an autonomous Community tariff Germany, the three Member States comprising the quota limited to 14 330 metric tons be opened ; Benelux Economic Union and Italy have stated that whereas the fixing of the quota amount at this new they require further supplies of 40 , 1 000 , 6 400, level does not exclude a new adjustment in the course 3 000, 2 090 and 1 800 metric tons respectively ; of the quota period ; whereas, for the same reasons, whereas in the case of Ireland its drawings on its share the quota duty applicable should be fixed at 5-5 % ; of the initial quota opened by the abovementioned Regulation and the most recently available economic information and statistics do not justify its participa­ Whereas equal and continuous access to the quota tion at present in the proposed increase in the should be ensured for all Community importers and Community tariff quota ; whereas, moreover, should the rate of duty for the tariff quota should be applied additional needs arise subsequently in that Member consistently to all imports until the quota is State it may have recourse to the procedure set up exhausted ; whereas, in the light of these principles, under Article 3 of this Regulation ; whereas this arrangements for the utilization of the tariff quota system of allocation also ensures the uniform applica­ based on an allocation among Member States would tion of the Common 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 the statistics of into two tranches, the first being allocated among the imports from third countries during a representative Member States concerned and the second held as a reserve to cover subsequently the requirements of (') OJ No L 261 , 27 . 9 . 1974, p. 21 . Member States which have exhausted their new shares

No L 184/ 16 Official Journal of the European Communities 15 . 7 . 75

and any additional requirements which might arise in Article 2 Ireland ; whereas, to give importers some degree of certainty, the first tranche of the tariff quota should be 1 . A first tranche of 1 1 500 metric tons of this ^ xed at a relatively high level which could be 1 1 500 Community tariff quota shall be allocated among netric tons ; certain Member States ; the shares, which subject to Article 6 shall be valid until 31 December 1975, shall Whereas Member States may exhaust their initial be as follows : shares at different rates ; whereas to avoid disruption Benelux 1 677 metric tons, of supplies on this account it should be provided that any Member State which has almost used up its initial Denmark 32 metric tons, share should draw an additional share from the 2 408 metric tons, Germany reserve ; whereas each time its additional share is France 803 metric tons, almost exhausted a Member State should draw a Italy 1 444 metric tons, 5 136 metric tons . further share , and so on as many times as the reserve United Kingdom allows ; whereas the initial and additional shares should be valid until the end of the quota period ; 2 . The second tranche of 2 830 metric tons shall whereas this form of administration requires close constitute a reserve . collaboration between the Member States and the Commission , and the Commission must be in a posi­ tion to keep account of the extent to which the quotas Article 3 have been used up and to inform the Member States accordingly ; Should the product mentioned in Article 1 be required in Ireland, that Member State shall draw a Whereas if at a given date in the quota period a sufficient share frotn the reserve to the extent that the considerable quantity of a Member State's initial share remains unused it is essential that such State should reserve so permits . return a significant proportion thereof to the reserve, in order to prevent a part of a Community quota from remaining unused in one Member State while it could Article 4 be used in others ; 1 . As soon as one of the Member States referred to Whereas, since the Kingdom of Belgium , the in Article 2 has used 90 % or more of its initial share Kingdom of the Netherlands and the Grand Duchy of as fixed in Article 2 ( 1 ), or of that share minus any Luxembourg are united within and jointly represented portion returned to the reserve pursuant to Article 6, by the Benelux Economic Union , any measure it. shall forthwith , by notifying the Commission , draw concerning the administration of the shares allocated a second share, to the extent that the reserve so to that Economic Union may be carried out by one of permits, equal to 10 % of its initial share rounded up its members, as necessary to the next whole number.

2 . As soon as one of the Member States, after exhausting its initial share, has used 90 % or more of HAS ADOPTED THIS REGULATION : the second share drawn by it, that Member State shall forthwith , in the manner and to the extent provided in paragraph 1 , draw a third share equal to 5 % of its Article 1 initial share . 1 . From the date of entry into force of this Regula­ 3 . As soon as one of the Member States, after tion until 31 December 1975 a tariff quota of 14 330 exhausting its second share, has used 90 % or more of metric tons shall be opened within the Community in the third share drawn by it, that Member State shall, respect of ferro-chromium containing by weight not forthwith and in accordance with the same conditions, more than 0-10 % of carbon and more than 30 % but draw a fourth share equal to the third . not exceeding 90 % of chromium (super refined ferro­ chromium) falling within subheading ex 73.02 E I of the Common Customs Tariff. It shall continue in this fasion until the reserve is exhausted . 2. Within this quota, the Common Customs Tariff duty shall be suspended at 5-5 % in respect of impor­ 4. By way of derogation from paragraphs 1 to 3, the tations . Member States may draw shares lower than those specified in those paragraphs if there are grounds for 3 . Within this quota, new Member States shall believing that those specified may not be used in full . apply duties calculated in accordance with the rele­ Any Member State applying this paragraph shall vant provisions of the Act of Accession . inform the Commission of its grounds for so doing.

15 . 7 . 75 Official Journal of the European Communities No L 184/ 17

Article5¶

Additional shares drawn pursuant to Article 4 shall be 1 . The Member States shall take all appropriate valid until 31 December 1975 . measures to ensure that additional shares drawn pursuant to either Article 3 or 4 are opened in such a Article 6 way that importations may be charged without inter­ ruption against their accumulated shares of the rele­ The Member States referred to in Article 2 shall, not vant quota. later than 1 November 1975, return to the reserve the unused portion of their initial share which, on 15 2 . The Member States shall ensure that importers October 1975 , is in excess of 20 % of the initial of the product in question established in their territo­ volume. They may return a greater portion if there are ries have free access to the shares allocated to them . grounds for believing that it may not be used in full . 3 . The extent to which the Member States have Those Member States shall , not later than 1 used up their shares shall be determined on the basis November 1975, notify the Commission of the total of the importations of the product in question entered quantities of the product in question imported up to for home use . and including 15 October 1975 and charged against the Community quota and of any portion of their initial shares returned to the reserve . Article 9

Article 7 At the request of the Commission, the Member States shall inform it of importations charged against their The Commission shall keep an account of the shares shares . opened by the Member States pursuant to Articles 2, 3 and 4 and shall , as soon as the information reaches it, inform each State of the extent to which the reserve Article 10 has been used up . It shall , not later than 5 November 1975, inform the The Member States and the Commission shall coop­ Member States of the amounts still in reserve erate closely to ensure that this Regulation is following any return of shares pursuant to Article 6. complied with.

It shall ensure that when an amount exhausting one of the reserves is drawn the amount so drawn does not Article 11 exceed the balance available, and to this end shall notify the amount of that balance to the Member State This Regulation shall enter into force on 1 August making the last drawing. 1975 .

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

Done at Brussels, 10 July 1975 . Fur the Council

The President

E. COLOMBO