31975R1802

No L 184/ 18 15 . 7 . 75 Official Journal of the European Communities

REGULATION ( EEC) No 1802/ 75 OF THE COUNCIL of 10 July 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 weight of carbon are foreseeable for this quota period ; COMMUNITIES, whereas provision should be made on a temporary basis for the extension of the benefit of the tariff Having regard to the Treaty establishing the European quota in question to these imports, limiting it Economic Community, and in particular Article 28 however to 20 % of the quota volume taking account thereof ; of the existence of Community production ;

Having regard to the draft Regulation submitted by the Commission ; Whereas equal and continuous access to the quota should be ensured for all Community importers and Whereas by its Regulation (EEC) No 1 95/75 (') of 22 the rate of duty for the tariff quota should be applied January 1975 , the Council opened for 1975 and appor­ consistently to all imports until the quota is tioned among the Member States a Community tariff exhausted ; whereas in the light of these principles quota of a total size of 34 500 metric tons for ferro­ arrangements for the utilization of the tariff quota chromium containing not less than 4 % by weight of based on an allocation among Member States would carbon and has extended the application of this quota seem to be consistent with the Community nature of to certain imports of ferro-chromium containing the quota ; whereas, to correspond as closely as between 3 and 4 % by weight of carbon falling within possible to the actual trend of the market in the subheading ex 73.02 E I of the Common Customs product in question , allocation of the quota should be Tariff ; in proportion to the requirements of the Member States as calculated by reference to statistics of imports Whereas for the product in question , Community from third countries during a representative reference production is inadequate and producers are unable to period and to the economic outlook for the quota meet the total requirements of consumer industries in period in question ; the Community ; whereas, having regard to the most recent economic data for 1975 on consumption , production , exports to third countries, imports under Whereas, however, since the quota is an autonomous the inward processing arrangements or other tariff Community tariff quota intended to cover import preference schemes and taking account of the stocks needs arising in the Community, it may, as an experi­ held by a number of Member States on 31 December ment, be allocated on the basis of the temporary 1974, there is reason to assume that the additional import needs from third countries expressed by each Community import requirements in respect of of the Member States ; whereas, on the basis of imports from third countries may reach the level of economic information supplied and allowing for duty 34 630 metric tons during 1975 ; whereas it is there­ free supplies from the Community or certain third fore in the Community's interest to suspend in countries, these needs would amount to the following respect of this metal the application of the Common percentages of the tariff quota ; Customs Tariff duty until 31 December 1975, within a suitable tariff quota ; whereas in order not to raise the question of the prospects for development of the Community production sector and taking into Whereas in the case of Ireland, the present state of account the uncertainties which surround the different drawings from its share of the initial quota of 20 000 ferro-alloy consumption sectors, it is appropriate to fix metric tons opened by the abovementioned Regula­ the quota volume and the rate of duty applicable at tion and the most recent available economic informa­ the level of 20 000 metric tons and 3 % respectively ; tion and statistics, do not justify at present its partici­ whereas the fixing of this amount, relating to prudent pation in the proposed increase of the Community estimates, does not exclude future adjustment ; tariff quota ; whereas, moreover, should additional needs arise subsequently in that Member State it may Whereas relatively limited imports of ferro-chromium have recourse to the procedure set up under Article 3 containing a quantity of between 3 and 4 % by of this Regulation ; whereas this system of allocation also ensures the uniform application of the Common (') OJ No L 21 , 28 . 1 . 1975, p. 2. Customs Tantt :

15 . 7 . 75 Official Journal of the European Communities No L 184/ 19

Benelux 28-89 20 000 metric tons shall be opened within the Denmark 016 Community in respect of ferro-chromium containing Germany 26-67 not less than 4 % by weight of carbon falling within France 8-72 subheading ex 73.02 E I of the Common Customs Italy 6-67 Tariff. United Kingdom 28-89 2. During this period the Member States shall be Whereas, to take account of future import trends for authorized within the 20 % limit of the quotas allo­ the product concerned, the quota should be divided cated to them or which they levy on the reserve in into two tranches, the first being allocated among the accordance with Articles 2 and 3 to charge against the abovementioned Member States and the second held said tariff quota, imports of ferro-chromium as a reserve to cover subsequently the requirements of containing a quantity of between 3 and 4 % by Member States which have exhausted their new shares weight of carbon . and any additional requirements which might arise in the other Member States ; whereas, to give importers 3 . Within this quota, the customs tariff duty shall of Member States some degree of certainty, the first be suspended at 3 % . tranche of the tariff quota should be fixed at a rela­ tively high level which could be 18 000 metric tons ; 4. New Member States shall apply duties on imports within this quota calculated in accordance Whereas Member States may exhaust their initial with the relevant provisions of the Act of Accession . shares at different rates ; whereas to avoid disruption of supplies on this account it should be provided that any Member State which has almost used up its initial Article 2 share should draw an additional share from the reserve ; whereas each time its additional share is 1 . A first instalment of 18 000 metric tons of this almost exhausted a Member State should draw a Community tariff quota shall be allocated among the further share, and so on as many times as the reserve allows, whereas the initial and additional shares Member States ; the shares, which subject to Article 6 shall be valid until 31 December 1975, shall be as should be valid until the end of the quota period ; follows : whereas this form of administration requires close collaboration between the Member States and the Benelux 5 200 metric tons, Commission and the Commission must be in a posi­ Denmark 30 metric tons, tion to keep account of the extent to which the quotas Germany 4 800 metric tons, have been used up and to inform the Member States France 1 570 metric tons, accordingly ; Italy 1 200 metric tons, United Kingdom 5 200 metric tons . Whereas if at a given date in the quota period a considerable quantity of a Member State's initial share 2 . The second instalment of 2 000 metric tons shall remains unused it is essential that such State should constitute a reserve . 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 others : Article 3

Whereas, since the Kingdom of Belgium , the Should ferro-chromium be required in Ireland, this Member State shall draw a sufficient share from the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented reserve to the extent that the reserve so permits. by the Benelux Economic Union , any measure concerning the administration of the shares allocated to that Economic Union may be carried out by any one of its members, Article 4

1 . As soon as one of the Member States has used HAS ADOPTED THIS REGULATION : 90 % or more of its initial share as fixed in Article 2 ( 1 ), or of that share minus any portion returned to the reserve pursuant to Article 6, it shall forthwith, by noti­ Article 1 fying the Commission , draw a second share, to the extent that the reserve so permits, equal to 10 % of its 1 . From the date of entry into force of this Regula­ initial share rounded up as necessary to the next tion and until 31 December 1975 a tariff quota of whole number .

No L 184/20 Official Journal of the European Communities 15 . 7 . 75

2. As soon as one of the Member States, after inform each State of the extent to which the reserve exhausting its initial share, has used 90 % or more of has been used up. the second share drawn by it, that Member State shall forthwith, in the manner and to the extent provided Not later than 5 November 1975 it shall inform the in paragraph 1 , draw a third share equal to 5 % of its Member States of the amounts still in reserve initial share . following any return of shares pursuant to Article 6.

3 . As soon as one of the Member States, after It shall ensure that when an amount exhausting the exhausting its second share, has used 90 % or more of reserve is drawn, the amount so drawn does not the share drawn by it, that Member State shall forth­ exceed the balance available, and to this end shall with and in accordance with the same conditions, notify the amount of that balance to the Member State draw a fourth share equal to the third . making the last drawing.

This process shall continue until the reserve is exhausted . Article 8

4. Notwithstanding paragraphs 1 to 3, a Member 1 . The Member States shall take all appropriate measures to ensure that additional shares drawn State may draw shares lower than those specified in those paragraphs if there are grounds for believing pursuant to Article 3 are opened in such a way that that those specified may not be used in full . Any importations may be charged without interruption Member State applying this paragraph shall inform against their accumulated share of the tariff quota. the Commission of its grounds for so doing. 2. The Member States shall ensure that importers of the product in question established in their territo­ ries have free access to the shares allocated to them . Article 5 3 . The Member State shall charge imports of the product in question against their shares as and when Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1975 . the product is entered with the customs authorities for home use .

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 accordance with paragraph 3 . The Member States shall not later than 1 November 1975 return to the reserve the unused portion of their initial share which on 15 October 1975 exceeds 20 % Article 9 of the initial amount. They may return a greater portion if there are grounds for believing that such portion may not be used in full . At the request of the Commission , the Member States shall inform it of imports charged against their shares. Not later than 1 November 1975 the Member States shall notify the Commission of the total quantities of the products in question imported up to and Article 10 including 15 October 1975 and charged against the Community quota and of any portion of their initial shares returned to the reserve . The Member States and the Commission shall coop­ erate closely to ensure that this Regulation is complied with .

Article 7 Article 11 The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 This Regulation shall enter into force on 1 August and 3 and shall , as soon as the information reaches it, 1 975 .

15 . 7 . 75 No L 184/21 Official Journal of the European Communities

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