31976R1629

7 . 7 . 76 Official Journal of the European Communities No L 181 / 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 1629/ 76 of 29 June 1976 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 Whereas equal and continuous access to the quota COMMUNITIES, should be ensured for all Community importers and the rate of duty for the tariff quota should be applied consistently to all imports until the quota is Having regard to the Treaty establishing the European exhausted ; whereas in the light of these principles Economic Community, and in particular Article 28 arrangements for the utilization of the tariff quota thereof, based on an allocation among Member States would seem to be consistent with the Community nature of the quota ; whereas , to correspond as closely as Having regard to the draft Regulation submitted by possible to the actual trend in the market in the the Commission , product in question , allocation of the quota should be in proportion to the requirements of the Member States as calculated by reference to statistics of imports Whereas for ferro-chromium containing not less than from third countries during a representative reference 4 % by weight of carbon , Community production is, period and to the economic outlook for the quota to a variable degree, inadequate and producers are period in question ; unable to meet the total requirements of consumer industries in the Community ; whereas it is therefore in the Community's interest to suspend totally in respect of this metal the application of the Common Customs Tariff duty until 31 December 1976, within a Whereas, however, since the quota is an autonomous suitable tariff quota ; whereas in order not to raise the Community tariff quota intended to cover import question of the prospects for development of the needs arising in the Community, it may, as an experi­ Community production sector and taking into ment, be allocated on the basis of the temporary account the uncertainties which surround the different import needs from third countries expressed by each ferro-alloy consumption sectors, it is appropriate to fix of the Member States ; whereas this system of alloca­ the quota volume at the provisional level of 52 000 tion also ensures the uniform application of the metric tons ; whereas for the same reasons Member Common Customs Tariff ; States should be free to authorize charges to be made against this volume only subject to the products being used for certain purposes ; whereas the fixing of this amount, relating to prudent estimates, does not Whereas, to take account of future import trends for exclude future adjustment ; the product concerned, the quota should be divided into two tranches, the first being allocated among the Whereas relatively limited imports of ferro-chromium Member States and the second held as a reserve to containing a quantity of between 3 and 4 % by cover subsequently the requirements of Member States weight of carbon are foreseeable for this quota period ; which have exhausted their initial shares and any whereas provision should be made on a temporary addtional requirements which might arise in the other basis for the extension of the benefit of the tariff Member States ; whereas , to give importers of the quota in question to these imports , limiting it Member States some degree of certainty, the first however to 20 % of the quota volume taking account tranche of the tariff quota should be fixed at a rela­ of the existence of Community production ; tively high level which could be 47 000 metric tons ;

No L 181 /2 Official Journal of the European Communities 7 . 7 . 76

Whereas Member States may exhaust their initial 5 . New Member States shall apply duties on shares at different rates ; whereas to avoid disruption imports within this quota calculated in accordance of supplies on this account it should be provided that with the relevant provisions of the Act of Accession. any Member State which has almost used up its initial share should draw an additional share from the Article 2 reserve ; whereas each time its additional share is almost exhausted a Member State should draw a 1 . A first instalment of 47 000 metric tons of this further share, and so on as many times as the reserve Community tariff quota shall be allocated among the allows ; whereas the initial and additional shares Member States ; the shares, which , subject to Article 5, should be valid until the end of the quota period ; shall be valid until 31 December 1976, shall be as whereas this form of administration requires close follows : collaboration between the Member States and the Commission and the Commission must be in a posi­ Benelux 9 500 metric tons, tion to keep account of the extent to which the quotas Denmark 84 metric tons, have been used up and to inform the Member States 12 714 metric tons, Germany accordingly ; France 7 624 metric tons, Ireland 8 metric tons, Whereas if at a given date in the quota period a Italy 2 540 metric tons, considerable quantity of a Member State's initial share 14 530 metric tons . United Kingdom remains unused it is essential that such State should return a significant proportion thereof to the reserve, 2 . The second instalment of 5 000 metric tons shall in order to prevent a part of a quota from remaining constitute the reserve . unused in one Member State while it could be used in others ; Article 3 Whereas, since the Kingdom of Belgium, the 1 . As soon as one of the Member States referred to Kingdom of the Netherlands and the Grand Duchy of in Article 2 has used 90 % or more of its initial share Luxembourg are united within and jointly represented by the Benelux Economic Union , any measure as fixed in Article 2 ( 1 ), or of that share minus any concerning the administration of the shares allocated portion returned to the reserve pursuant to Article 5, to that Economic Union may be carried out by any it shall forthwith, by notifying the Commission, draw one of its members, a second share, to the extent that the reserve so permits, equal to 10 % of its initial share rounded up as necessary to the next whole number.

HAS ADOPTED THIS REGULATION 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 Article 1 forthwith , in the manner and to the extent provided in paragraph 1 , draw a third share equal to 5 % of its 1 . From the date of entry into force of this Regula­ initial share . tion and until 31 December 1976 a tariff quota of 52 000 metric tons shall be opened within the 3 . As soon as one of the Member States, after Community in respect of ferro-chromium containing exhausting its second share, has used 90 % or more of not less than 4 % by weight of carbon falling within the third share drawn by it, that Member State shall subhheading ex 73.02 E I of the Common Customs forthwith and on the same conditions draw a fourth Tariff . share equal to the third.

2. During this period the Member States shall be This process shall continue until the reserve is authorized within the 20 % limit of the quotas allo­ exhausted . cated to them or which they levy on the reserve in accordance with Articles 2 and 3 to charge against the Notwithstanding paragraphs 1 to 3, Member State said tariff quota, imports of ferro-chromium may draw shares lower than those specified in those containing a quantity of between 3 and 4 % by paragraphs if there are grounds for believing that weight of carbon . those specified may not be used in full. Any Member State applying this paragraph shall inform the 3 . Importations of the products in question , which Commission of its grounds for so doing. already benefit from exemption from customs duties under another preferential tariff system , are not to be charged against this tariff quota. Article 4

4. Within this quota, the customs tariff duty shall Additional shares drawn pursuant to Article 3 shall be be totally suspended . valid until 31 December 1976 .

7 . 7 . 76 Official Journal of the European Communities No L 181 / 3

Article5¶

The Member States shall not later than 15 November 1 . The Member States shall take all appropriate 1976 return to the reserve the unused portion of their measures to ensure that additional shares drawn initial share which on 1 November 1976 exceeds pursuant to Article 3 are opened in such a way that 20 % of the initial amount. They may return a greater importations may be charged without interruption portion if there are grounds for believing that such against their accumulated share of the tariff quota. portion may not be used in full . 2. The Member States shall ensure that importers Not later than 15 November 1976 the Member States of the product in question established in thei" territo­ shall notify the Commission of the total quantities of ries have free access to the shares allocated to them . the products in question imported up to and including 1 November 1976 and charged against the 3 . The 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 the Member States have Member States may restrict the product in question used up their shares shall be determined on the basis of the importations charged against their shares in which may be charged against their quota shares to accordance with paragraph 3 . products to be used for certain purposes .

Article7¶

The Commission shall keep an account of the shares At the request of the Commission, the Member States opened by the Member States pursuant to Articles 2 shall inform it of imports charged against their shares. and 3 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 . The Member States and the Commission shall coop­ Not later than 20 November 1976 it shall inform the erate closely to ensure that this Regulation is Member States of the amounts still in reserve complied with . following any return of shares pursuant to Article 5.

It shall ensure that when an amount exhausting the Article 11 reserve is drawn , the amount so drawn does not exceed the balance available, and to this end shall This Regulation shall enter into force on the seventh notify the amount of that balance to the Member State day following that of its publication in the Official making the last drawing. Journal of the European Communities.

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

Done at Luxembourg, 29 June 1976 .

For the Council

The President

G. THORN