31976R2862
27 . 11 . 76 Official Journal of the European Communities No L 629 / 17
COUNCIL REGULATION ( EEC) No 2862 / 76 of 23 November 1976 on the opening , allocation and administration of an autonomous Community tariff quota for 1976 for ferro-silicon falling within subheading 73.02 C of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN tariff quota limited to 2 000 metric tons be opened ; COMMUNITIES, whereas, so as not to prejudice Community develop ment prospects in the production area concerned, the Having regard to the Treaty establishing the European quota duty applicable must be fixed at 7 % ; Economic Community, and in particular Article 28 thereof, Whereas arrangements for the utilization of the tariff quota based on an allocation among Member States Having regard to the draft Regulation submitted by would seem to be consistent with the Community the Commission , nature of the quota ; whereas to correspond as closely Whereas, as regards ferro-silicon falling within as possible to the actual trend of the market in the subheading 73.02 C of the Common Customs Tariff, a product in question , allocation of the quota must be conventional duty-free Community tariff quota of in proportion to the requirements of the Member 20 000 metric tons was opened by the Council for States as calculated by reference to statistics of imports 1976 and allocated among the Member States by Regu from third countries during a representative reference lation ( EEC) No 2880 / 75 (') ; period and to the economic outlook for the quota period in question ; Whereas, bearing in mind present production capacity within the Community, the abovementioned quota Whereas, during the last three years for which statis will not cover the entire Community import require tics are fully available, the corresponding imports, in ments of ferro-silicon from third countries ; whereas it metric tons , into each of the Member States were as is therefore desirable that an autonomous Community follows :
197 ? 1974 I 97 S Average for tin.- three years
Benelux 34 300 32 000 27 920 31 406 Denmark 1 081 753 854 896 Germany 103 936 119 029 84 764 1 02 506 France 548 1 100 1 955 1 201 Ireland 0 507 397 301 Italy 1 8 380 29 536 22 088 23 331 United Kingdom 10 855 28 460 21 849 20 388
Total 1 69 1 00 21 1 385 159 827 1 80 099
Whereas in view of these factors, the foreseeable deve Whereas, since this tariff quota is for a relatively small lopment of the ferro-silicon market in 1976 and the quantity, it seems possible to provide for a system of shares allocated in the tariff quota of 20 000 metric use based on a single allocation and at the same time tons opened by the abovementioned Regulation ( EEC) preserve the Community nature of the quota ; whereas No 2880 / 75 , the initial percentage shares in the quota such an allocation may therefore be based on the can be fixed as follows : percentage figures shown in the table above ;
Benelux 17-25 Denmark 0-50 Germany 67-20 Whereas, since the Kingdom of Belgium , the France 0-25 Kingdom of the Netherlands and the Grand Duchy of Ireland 0-05 Luxembourg are united within and jointly represented Italy 4-75 by the Benelux Economic Union , any measure United Kingdom 1 000 concerning the administration of the shares allocated to that economic union may be carried out by any (') OJ No L 292, 12 . 11 . 1975 , p . 12 . one of its members ,
No L 329/ 18 Official Journal of the European Communities 27 . 11 . 76
HAS ADOPTED THIS REGULATION : Article J
Article 1 1 . Member States shall ensure that importers of the product in question established in their territory have 1 . From the date of entry into force of this Regula free access to the shares allocated to them . tion until 31 December 1976, a tariff quota of 2 000 metric tons shall be opened within the Community in 2. The extent to which a Member State has used up its share shall be determined on the basis of the respect of ferro-silicon falling within subheading 73.02 C of the Common Customs Tariff . imports of the product in question entered with the customs authorities for home use . 2. Within this quota, Community Customs Tariff duty shall be suspended at 7 % . Article 4 3. Within this quota, Member States shall apply At the request of the Commission, the Member States quota duties calculated in accordance with the rele vant provisions of the Act of Accession . shall inform it of importations charged against their shares . Article 2 Article 5 The Community tariff quota referred to in Article 1 shall be allocated among Member States as follows : The Member States and the Commission shall coop in metric tons erate closely to ensure that this Regulation is Benelux 345 complied with . Denmark 10 Germany 1 344 Article 6 France 5 Ireland 1 This Regulation shall enter into force on the third day Italy 95 following its publication in the Official Journal of United Kingdom 200 the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 23 November 1976 . For the Council
The President
A. P. L. M. M. van der STEE