31976R2863
27 . 11 . 76 Official Journal of the European Communities No L 329 / 19
COUNCIL REGULATION ( EEC) No 2863/ 76 of 23 November 1976 on the opening, allocation and administration of an autonomous Community tariff quota for 1976 for ferro-silico-manganese falling within subheading 73.02 D of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN nity tariff quota limited to 1 000 metric tons be COMMUNITIES , opened ; whereas, so as not to prejudice Community development prospects in the production area Having regard to the Treaty establishing the European concerned, the quota duty applicable must be fixed at Economic Community, and in particular Article 28 4% ; thereof, Whereas arrangements for the utilization of the tariff Having regard to the draft Regulation submitted by quota based on an allocation among Member States the Commission , would seem to be consistent with the Community nature of the quota ; whereas to correspond as closely Whereas, as regards ferro-silico-manganese falling as possible to the actual trend of the market in the within subheading 73.02 D of the Common Customs product in question , allocation of the quota must be Tariff, a conventional duty-free Community tariff in proportion to the requirements of the Member quota of 50 000 metric tons has been opened by the States as calculated by reference to statistics of imports Council for 1976 and allocated among the Member from third countries during a representative reference States by Regulation (EEC) No 2881 /75 ('); period and to the economic outlook for the quota Whereas, bearing in mind present Community produc period in question ; tion capacity, the abovementioned quota will not Whereas, during the last three years for which statis cover the entire Community import requirements of tics are fully available, the corresponding imports, in ferro-silico-manganese from third countries ; whereas metric tons, into each of the Member States were as it is therefore desirable that an autonomous Commu follows :
1 V73 1974 1 97 . S Average for the three years
Benelux 1 8 955 21 100 10 512 16 856 Denmark 0 0 0 0 Germany 71 237 67 469 68 325 69 010 France 1 055 521 557 711 Ireland 0 0 37 12 Italy 18 166 22 475 13 415 18 018 United Kingdom 4 579 3 020 2 694 3 431
Total 1 1 3 992 114 585 95 540 108 038
Whereas in view of these factors, the foreseeable deve Whereas, since this tariff quota is for a relatively small lopment of the ferro-silico-manganese ' market in 1976 quantity, it seems possible to provide for a system of and the shares allocated or drawn from the reserve use based on a single allocation and at the same time under the tariff quota of 50 000 metric tons opened preserve the Community nature of the quota ; whereas by the abovementioned Regulation ( EEC) No such an allocation may therefore be based on the 2881 /75, the initial percentage shares in the quota can percentage figures shown in the table above ; be fixed as follows : Benelux 27-00 Denmark 01 0 Germany 64-30 Whereas, since the Kingdom of Belgium , the France 0-50 Kingdom of the Netherlands and the Grand Duchy of Ireland 010 Luxembourg are united within and jointly represented Italy 5-00 by the Benelux Economic Union , any measure United Kingdom 3-00 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 . 14. one of its members ,
No L 329 / 20 Official Journal of the European Communities 27 . 11 . 76
HAS ADOPTED THIS REGULATION : Article 3
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 1 000 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-silico-manganese falling within subheading 73.02 D 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 4 % . Article 4 3 . Within this quota, Member States shall apply quota duties calculated in accordance with the rele At the request of the Commission , the " Member States vant provisions of the Act of Accession . shall inform it of the importations charged against their shares . Article 2
The Community tariff quota referred to in Article 1 Article 5 shall be allocated among the Member States as follows : The Member States and the Commission shall co-op in metric tons erate closely to ensure that this Regulation is complied with . Benelux 270 Denmark 1 Germany 643 Article 6 France 5 Ireland 1 This Regulation shall enter into force on the third day Italy 50 following its publication in the Official Journal of United Kingdom 30 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