31976R2864
27. 11 . 76 Official Journal of the European Communities No L 329 /21
COUNCIL REGULATION ( EEC) No 2864/76 of 23 November 1976 on the opening , allocation and administration of an autonomous Community tariff quota for 1976 for super-refined ferro-chromium falling within subheading ex 73.02 E I of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN third countries by opening an autonomous Commu COMMUNITIES , nity tariff quota the volume of which should be limited to 1 000 metric tons so as not to jeopardize Having regard to the Treaty establishing the European development prospects in the Community production Economic Community, and in particular Article 28 sector ; whereas for the same reasons the quota duty thereof, applicable should be fixed at 5-5 % ; Having regard to the draft Regulation submitted by the Commission , Whereas arrangements for the utilization of the Community tariff quota based on an allocation among Whereas, as regards ferro-chromium containing by Member States would seem to be consistent with the weight not more than 0-10 % of carbon and more Community nature of the quota ; whereas in order than 30 % but not exceeding 90 % of chromium that it may correspond as closely as possible to the (super-refined ferro-chromium) falling within actual trend of the market in the product in question, subheading ex 73.02 E I of the Common Customs allocation of the quota must be in proportion to the Tariff, a conventional duty-free Community tariff requirements of the Member States as calculated by quota of 3 000 metric tons has been opened by the reference to the statistics of imports from third coun Council for 1976 and allocated among the Member tries during a representative reference period and to States by Regulation (EEC) No 2882/75 (') ; the economic outlook for the quota period in ques tion ; Whereas, bearing in mind present capacity, Commu nity production together with the abovementioned quota of 3 000 metric tons should cover the entire Whereas, during the last three years for which statis Community requirements of this product ; whereas it tics are fully available, the corresponding imports, in is, however, desirable to avoid unduly disrupting tradi metric tons, into each of the Member States were as tional patterns of trade between Member States and follows :
1973 1974 1975 Average for 1974 and 1975
Benelux 1 050 2 200 3 457 2 829 Denmark 60 20 50 35 Germany 59 972 (') 1 3 800 16331 15 066 France 800 5 000 100 2 550 Ireland 0 18 5 12 Italy 5 000 5 648 5 856 5 752 United Kingdom 7 225 5 464 7 858 6 661
Total 74 107 32 1 50 33 65 7 32 905
(') Ferro-chromium in general .
Whereas in view of these factors, the foreseeable deve - Benelux 10-00 lopment of the super-refined ferro-chromium market Denmark 0-20 in 1976 and the allocated shares of the tariff quota of Germany 52-50 3 000 metric tons opened by Regulation (EEC) No France 0-50 2882/ 75, the initial percentage shares in the quota Ireland 0-10 volume can be fixed as follows : Italy 6-00 United Kingdom 30-70
Whereas, since this tariff quota is for a relatively small (!) OJ No L 292, 12 . 11 . 1975 , p. 17 . quantity, it seems possible to provide for a system of
No L 329 / 22 Official Journal of the European Communities 27 . 11 . 76
use based on a single allocation and at the same time in metric tons preserve the Community nature of the quota ; whereas Benelux 100 such an allocation may therefore be based on the Denmark 2 percentage figures shown in the table above ; Germany 525 France 5 Whereas, since the Kingdom of Belgium, the Ireland 1 Kingdom of the Netherlands and the Grand Duchy of Italy 60 Luxembourg are united within and jointly represented by the Benelux Economic Union , any measure United Kingdom 307 concerning the administration of the shares allocated to that economic union may be carried out by one of Article 3 its members , 1 . Member States shall ensure that importers of the product in question established in their territory have HAS ADOPTED THIS REGULATION : free access to the shares allocated to them .
Article 1 2. The extent to which a Member State has used up its share shall be determined on the basis of the 1 . From the date of entry into force of this Regula imports of the product in question entered with the tion until 31 December 1976, a tariff quota of 1 000 customs authorities for home use . metric tons shall be opened within the Community in respect of ferro-chromium containing by weight not Article 4 more than 0-10 % of carbon and more than 30 % but not exceeding 90 % of chromium (super-refined ferro At the request of the Commission , the Member States chromium) falling within subheading ex 73.02 E I of shall inform it of importations charged against their the Common Customs Tariff. shares . 2. Within this quota, the Common Customs Tariff duty shall be suspended at 5-5 % in respect of impor Article 5 tations . The Member States and the Commission shall coop 3 . Within this quota, new Member States shall erate closely to ensure that this Regulation is apply duties calculated in accordance with the rele complied with . vant provisions of the Act of Accession .
Article2¶
The Community tariff quota referred to in Article 1 This Regulation shall enter into force on the third day shall be allocated among the Member States as following its publication in the Official Journal of follows : 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