31975R2881
No L 292/ 14 Official Journal of the European Communities 12 . 11 . 75
REGULATION (EEC) No 2881/75 OF THE COUNCIL
of 29 October 1975
on the opening, allocation and administration of a Community tariff quota for ferro silico-manganese, falling within subheading 73.02 D of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 1972 1973 1974
Benelux 10-80 16-63 18-41 Denmark 1-69 0 0 Having regard to the Treaty establishing the Germany 55-24 62-49 58-88 European Economic Community, and in particular Article 113 thereof ; France 0-43 0-92 0-46
Ireland 0-01 0 0 Italy 15-26 15-94 19-61 Having regard to the proposal from the Commission ; United Kingdom 16-57 4-02 2-64 ;
Whereas, as regards ferro-silico-manganese, falling Whereas, in view of these factors and of market within subheading 73.02 D, the European Economic forecasts for ferro-silico-manganese for 1976, the Community has undertaken to open an annual duty- initial percentage shares in the quota volume may free Community tariff quota of 50 000 metric tons ; be expressed roughly as follows : whereas the tariff quota in question should therefore be opened on 1 January 1976 and allocated among Benelux 8-33 the Member States ; whereas the duties to be applied Denmark 0-62 by the new Member States within this tariff quota must comply with the relevant provisions of the Act Germany 82-20 of Accession; France 0-10 Ireland 1-04 Whereas equal and continuous access to the quota Italy 3-54 should be ensured for all Community importers and United Kingdom 4-17 ; the rate of duty for the tariff quota should be applied consistently to all imports until the quota is used up ; whereas in the light of the principles Whereas, to take account of future trends in imports outlined above, arrangements for the untilization of of the product in question, the quota should be the Community tariff quota based on an allocation divided into two tranches, the first being allocated among Member States would seem to be consistent and the second forming a reserve intended to cover with the Community nature of the quota ; whereas, any subsequent requirements of Member States which in order that it may correspond as closely as possible have used up their initial share; whereas, in order to the actual market trends in the product in to ensure a certain degree of security for importers, question, allocation of the quota should be in the first tranche of the Community tariff quota proportion to the requirements of the Member States should be set at a relatively high level which, in this as calculated by reference to statistical data on case, might be 96% of the volume of the quota ; imports from third countries during a representative reference period and to the economic prospects for Whereas Member States may use up their initial * the quota period in question ; shares at different rates ; whereas to provide for this eventuality and to avoid disruption of supplies, any Member State which has almost used up its initial Whereas, during the last three years for which share should draw an additional share from the statistics are fully available, the corresponding reserve; whereas each time its additional share is imports into each of the Member States represented almost used up, a Member State should draw a the following percentages of the total imports of further share, and so on as many times as the the product in question: reserve allows ; whereas the initial and additional
12 . 11.75 Official Journal of the European Communities No L 292/ 15
in metric tons shares should be valid until the end of the quota period ; whereas this form of administration requires Benelux 4 000 close collaboration between Member States and the Denmark 300 Commission, which latter must, in particular, be Germany 39 450 able to keep a record of the extent to which the quota has been used up and to inform the Member France 50 States accordingly ; Ireland 500 Italy 1 700 Whereas if, at a given date in the quota period, a 2 000 . United Kingdom considerable quantity of a Member State's initial share remains unused, it is essential that that 2 . The second tranche of 2 000 metric tons shall Member State should return a significant proportion constitute the reserve. to the reserve, so as to avoid a part of the quota remaining unused in one Member State when it could be used in others ; Article 3
Whereas, since the Kingdom of Belgium, the Kingdom 1 . If 90% or more of a Member State's initial share 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 where Article 5 has by the Benelux Economic Union, any measure been applied, has been used Up, that Member State concerning the administration of the shares allocated shall forthwith, by notifying the Commission, draw to that Economic Union may be carried out by any a second share, to the extent that the reserve so one of its members, permits, equal to 10% of its initial share, rounded up as necessary to the next whole number.
2. If, after its initial share has been used up, 90% HAS ADOPTED THIS REGULATION : or more of the second share drawn by a Member State has been used up, 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 initial share, rounded up as necessary to the next Article 1 whole number.
1 . During the period 1 January to 31 December 3 . If, after its second share has been used up, 90% 1976 a Community tariff quota of 50 000 metric or more of the third share drawn by a Member State tons shall be opened in the Community for ferro has been used up, that Member State shall forthwith, silico-manganese falling within subheading 73.02 D in accordance with the same conditions , draw a of the Common Customs Tariff. fourth share equal to the third.
2. Imports of the product in question may not be This process shall apply until the reserve is used up . charged against this tariff quota if they are already free of customs duties under other preferential tariff 4. By way of derogation from paragraphs 1 , 2 and arrangements . 3 , Member States may draw lesser shares than those specified therein if there are grounds for believing that those specified may not be used up . They shall 3 . Within this tariff quota, the Common Customs inform the Commission of their reasons for applying Tariff duty shall be totally suspended. this paragraph.
4. Within this tariff quota, the new Member States shall apply duties calculated in accordance with the Article 4 relevant provisions of the Act of Accession.
Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1976 . Article 2
1 . A first tranche of 48 000 metric tons of this Article 5 Community tariff quota shall be allocated among the Member States . Member States' shares which, Member States shall return to the reserve, not later subject to Article 5, shall be valid from 1 January to than 1 October 1976, the unused portions of their 31 December 1976, shall be as follows : initial shares which, on 15 September 1976, are in
No L 292/ 16 Official Journal of the European Communities 12. 11.75
excess of 20% of the initial amounts. They may be charged without interruption against their return a greater portion if there are grounds for aggregate shares of the Community quota. believing that such portion may not be used up. 2. Member States shall ensure that importers of the Member States shall notify the Commission, not product in question established in their territory have later than 1 October 1976, of the total quantities of free access to the shares allocated to them. the product in question imported up to and including 15 September 1976 and charged against the 3 . Member States shall charge imports of the Community quota and of any portion of their initial product in question against their shares as and when shares returned to the reserve. the product is entered with the customs authorities for home use. Article 6 4. The extent to which a Member State has used up its share shall be determined on the basis of The Commission shall keep an account of the shares the imports charged in accordance with paragraph 3 . opened by the Member States pursuant to Articles 2 and 3 and, as soon as it has been notified, shall inform each State of the extent to which the reserve Article 8 has been used up. At the Commission's request, Member States shall It shall inform the Member States, not later than inform it of the imports actually charged against 5 October 1976, of the amount still in reserve after their shares. amounts have been returned thereto pursuant to Article 5 .
Article 9 It shall ensure that the drawing which exhausts the reserve does not exceed the balance available and, to this end, shall notify the amount of that balance Member States and the Commission shall cooperate to the Member State making the last drawing. closely to ensure that this Regulation is complied with.
Article 7 Article 10 1 . Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to This Regulation shall enter into force on 1 January Article 3 are opened in such a way that imports may 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