31975R2880

No L 292/12 Official Journal of the European Communities 12. 11.75

REGULATION (EEC) No 2880/75 OF THE COUNCIL of 29 October 1975

on the opening, allocation and administration of a Community tariff quota for ferro­ silicon, falling within subheading 73.02 C of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas, in view of these factors and of market forecasts for ferro-silicon for 1976, the percentage shares in the quota volume can be expressed roughly Having regard to the Treaty establishing the as follows : European Economic Community, and in particular Article 113 thereof ; Benelux 64-75

Denmark 0-75 Having regard to the proposal from the Commission ; Germany 15-00 France 0-25 Whereas, as regards ferro-silicon, falling within Ireland 1-25 subheading 73.02 C, the European Economic Com­ munity has undertaken to open an annual duty-free 4-25 Italy Community tariff quota of 20 000 metric tons ; United Kingdom 13-75 ; whereas the tariff quota in question should therefore be opened on 1 January 1976 and allocated among the Member States ; whereas the duties to be applied Whereas, since this tariff quota is for a relatively by the new Member States within this tariff quota small quantity, it seems possible to provide for a must comply with the relevant provisions of the system of use based on a single allocation and at Act of Accession ; the same time preserve the Community nature of the quota ; whereas such an allocation may therefore be based on the percentage figures shown in the Whereas arrangements for the utilization of the Com­ table above ; munity tariff quota based on an allocation among Member States would seem to be consistent with the Community nature of the quota ; whereas, in Whereas, since the Kingdom of Belgium, the Kingdom order that it may correspond as closely as possible of the Netherlands and the Grand Duchy of to the actual market trends in the product in Luxembourg are united within and jointly represented question, allocation of the quota should be in by the Benelux Economic Union, any measure proportion to the requirements of the Member concerning the administration of the shares allocated States as calculated by reference to statistical data to that Economic Union may be carried out by any on imports from third countries during a represen­ one of its members, tative reference period and to the economic prospects for the quota period in question ;

HAS ADOPTED THIS REGULATION : Whereas, during the last three years for which statistics are fully available, the corresponding imports into each of the Member States represented the following percentages of the total imports of the Article 1 product in question :

1972 1973 1974 1 . During the period 1 January to 31 December 1976 a Community tariff quota of 20 000 metric tons Benelux 15-69 20-28 15-14 shall be opened in the Community for ferro-silicon Denmark 2-02 0-64 0-36 falling within subheading 73.02 C of the Common Customs Tariff. Germany 49-74 61-47 56-31 France 0-31 0-37 0-52 2. Imports of the product in question may not be Ireland 0-65 0 0-24 charged against this tariff quota if they are already Italy 8-81 10-87 13-97 free of customs duties under other preferential tariff United Kingdom 22-78 6-42 13-46 arrangements .

12 . 11.75 Official Journal of the European Communities No L 292/ 13

Article 3 3 . Within this tariff quota the Common Customs Tariff duty shall be totally suspended. 1 . Member States shall ensure that importers of the product in question established in their territory 4. Within this tariff quota, the new Member States have free access to the shares allocated to them. shall apply duties calculated in accordance with the relevant provisions of the Act of Accession. 2. The extent to which a Member State has used up its share shall be determined on the basis of the imports of the product in question entered with the customs authorities for home use. Article 2

Article 4 The Community tariff quota referred to in Article 1 shall be allocated among Member States as follows : At the Commission's request, Member States shall inform it of the imports actually charged against in metric tons their shares . Benelux 12 950 Article 5 Denmark 150 Member States and the Commission shall cooperate Germany 3 000 closely to ensure that this Regulation is complied France with . 50 Ireland 250 Article 6 Italy 850 This Regulation shall enter into force on United Kingdom 2 750 . 1 January 1976.

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

Done at Luxembourg, 29 October 1975.

For the Council

The President

G. MARCORA