31976R2717
15 . 11 . 76 Official Journal of the European Communities No L 313/9
COUNCIL REGULATION (EEC) No 2717/76 of 25 October 1976 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, 1973 1974 1975 Benelux 16-63 18-41 11-00 Denmark 0 0 0 Germany 62-49 58-88 71-52 Having regard to the Treaty establishing the European Economic Community, and in particular France 0-92 0-46 0-58 Article 113 thereof, Ireland 0 0 0-04 Italy 15-94 19-61 14-04 Having regard to the proposal from the Commission, United Kingdom 4-02 2-64 2-82
Whereas, in view of these factors and of market Whereas, as regards ferro-silico-manganese falling forecasts for ferro-silico-manganese for 1977, the within subheading 73.02 D, the European Economic initial percentage shares in the quota volume may Community has undertaken to open an annual duty be expressed roughly as follows: free Community tariff quota of 50 000 metric tons ; Benelux 14-47 whereas the tariff quota in question should therefore be opened on 1 January 1977 and allocated among Denmark . 0-62 the Member States ; Germany 76-06 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 the rate of duty for the tariff quota should be applied United Kingdom 4-17 consistently to all imports until the quota is used up ; whereas in the light of the principles outlined Whereas, to take account of future trends in imports above, arrangements for the utilization of the Com of the product in question, the quota should be munity tariff quota based on an allocation among Member States would seem to be consistent with the divided into two tranches, the first being allocated and the second forming a reserve intended to cover Community nature of the quota ; whereas, in order any subsequent requirements of Memiber States which that it may correspond as closely as possible to the have used up their initial share; whereas, in order actual market trends in the product in question, to ensure a certain degree of security for importers, allocation of the quota should be in proportion to the first tranche of the Community tariff quota the requirements of the Member States as calculated should be set at a relatively high level which, in this by reference to statistical data on imports from third case, might be 96 % of the volume of the quota ; countries during a representative reference period and to the economic prospects for the quota period in question ; Whereas Member States may use up their initial 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 the further share, and so on as many times as the reserve product in question : allows ; whereas the initial and additional shares
No L 313 / 10 Official Journal of the European Communities 15 . 11.76
should be valid until the end of the quota period ; (metric tons) whereas this form of administration requires close Benelux 6 950 collaboration between Member States and the Com Denmark 300 mission , which latter must, in particular, be able to keep a record of the extent to which the quota Germany 36 500 has been used up and to inform the Member States France 50 accordingly ; Ireland 500 Italy 1 700 Whereas, if at a given date in the quota period United Kingdom 2 000 a considerable quantity of a Member State's initial share remains unused , it is essential that that Merrtber State should return a significant proportion 2 . The second tranche of 2 000 metric tons shall to the reserve, so as to avoid a part of the quota constitute the reserve. remaining unused in one Member State when it could be used in others ; Article 3
Whereas, since the Kingdom of Belgium, the 1 . If 90% or more of a Member State's initial share Kingdom of the Netherlands and the Grand Duchy as fixed in Article 2 ( 1 ), or of that share minus any of Luxembourg are united within and jointly portion returned to the reserve where Article 5 has represented by the Benelux Economic Union, any been applied , has been used up, that Member State measure concerning the administration of the shares shall forthwith, by notifying the Commission, draw allocated to that economic union may be carried out a second share, to the extent that the reserve so by any one of its members, permits, equal to 10% of its initial share, rounded up as necessary to the next whole number.
HAS ADOPTED THIS REGULATION : 2 . If, after its initial share has been used up, 90% or more of the second share drawn by a Member State has been used up, 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 initial share, rounded up as necessary to the next 1 . During the period 1 January to 31 December 1977 whole number . a Community tariff quota of 50 000 metric tons shall be opened in the Community for ferro-silico 3 . If, after its second share has been used up, 90% manganese falling within subheading 73.02 D of the or more of the third share drawn by a Member Common Customs Tariff. State has been used up, that Member State shall forthwith , in accordance with the same conditions , draw a fourth share equal to the third . 2. Imports of the product in question may not be charged against this tariff quota if they are already free of customs duties under other preferential tariff This process shall apply until the reserve is used up. arrangements . 4. By way of derogation from paragraphs 1 , 2 and 3 , Member States may draw lesser shares than those 3 . Within this tariff quota, the Common Customs specified therein if there are grounds for believing Tariff duty shall be totally suspended . that those specified may not be used up. They shall inform the Commission of their reasons for applying this paragraph . 4. Within this tariff quota, the new Member States shall also apply this exemption from duty. Article 4
Additional shares drawn pursuant to Article 3 shall Article 2 be valid until 31 December 1977 .
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, subject to Article 5 , shall be valid from 1 January Member States shall return to the reserve, not later to 31 December 1977, shall be as follows : than 1 October 1977, the unused portions of their
15 . 11.76 Official Journal of the European Communities No L 313 / 11
initial shares which, on 15 September 1977, are in pursuant to Article 3 are opened in such a way that excess of 20% of the initial amounts. They may imports may be charged without interruption against return a greater portion if there are grounds for their 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 free access to the shares allocated to them . later than 1 October 1977, of the total quantities of the product in question imported up to and including 15 September 1977 and charged against 3 . Member States shall charge imports of the the Community quota and of any portion of their product in question against their shares as and when initial 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 imports charged in accordance with paragraph 3 . The Commission shall keep an account of the shares 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 their shares . 5 October 1977, of the amount still in reserve after 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 , Member States and the Commission shall cooperate to this end, shall notify the amount of that balance closely to ensure that this Regulation is complied to the Member State making the last drawing. with .
Article7¶
1 . Member Stares shall take all appropriate This Regulation shall enter into force on 1 January measures to ensure that additional shares drawn 1977 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Luxembourg, 25 October 1976.
For the Council
The President A.P.L.M.M. van der STEE