31977R2303
No L 269/ 6 Official Journal of the European Communities 21 . 10 . 77
COUNCIL REGULATION (EEC) No 2303/77 of 18 October 1977 on the opening, allocation and administration of a Community tariff quota for ferro-silicon falling within subheading 73.02 C of the Common Customs Tariff ( 1978)
THE COUNCIL OF THE EUROPEAN Benelux 50-38 COMMUNITIES, Denmark 0-76 Germany 29-98 France 0-50 Ireland 0-25 Having regard to the Treaty establishing the European Italy 4-28 Economic Community, and in particular Article 1 1 3 thereof, United Kingdom 13-85
Whereas, to take account of future import trends foi Having regard to the proposal from the Commission, the products concerned, the quota should be divided into two tranches, the first being allocated and the second held as a reserve to cover subsequently the Whereas, as regards ferro-silicon falling within requirements of Member States which have exhausted subheading 73.02 C, the European Economic Commu their initial share ; whereas, to give importers some nity has undertaken to open an annual nil duty tariff degree of certainty, the first tranche of the tariff quota quota of 20 000 tonnes ; whereas the tariff quota should be fixed at a high level, which could be 99 % concerned should therefore be opened on 1 January of the amount of the quota ; 1978 and allocated among the Member States ;
Whereas initial shares may be exhausted at different Whereas arrangements for the utilization of the rates ; whereas to avoid disruption of supplies on this Community tariff quota based on an allocation among account it should be provided that any Member State Member States would seem to be consistent with the which has almost used up its initial share should draw Community nature of the quota ; whereas, to corres an additional share from the reserve ; whereas each pond as closely as possible to the actual trend of the time its additional share is almost exhausted a market in the product in question, allocation of the Member State should draw a further share, and so on quota should be in proportion to the requirements of as many times as the reserve allows ; whereas the the Member States as calculated by reference to statis initial and additional shares should be valid until the tics of imports from third countries during a repre end of the quota period ; whereas this form of adminis sentative reference period and to the economic tration requires close collaboration between the outlook for the quota period in question ; Member States and the Commission, and the Commis sion must be in a position to keep account of the extent to which the quotas have been used up and to inform the Member States accordingly ; Whereas, during the last three years for which statis tics are available, the corresponding imports into each of the Member States represented the following percentages of their total imports of the product in Whereas if at a given date in the quota period a question : considerable quantity of a Member State's initial share 1974 1975 1976 remains unused, it is essential that that Member State should return a significant proportion thereof to the Benelux 1514 17-47 17-86 reserve in order to prevent a part of a quota from Denmark 0-36 0-54 0-59 remaining unused in one Member State while it could Germany 56 31 53-03 53-74 be used in others : France 0-52 1-22 1-58 Ireland 0-24 0-25 0-22 Italy 13-97 13-82 14-05 Whereas, since the Kingdom of Belgium, the United Kingdom 13-46 13-67 1 1 96 Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented Whereas, in view of these factors and of market fore by the Benelux Economic Union, any measure casts for ferro-silicon for 1978 , the initial percentage concerning the administration of the shares allocated shares in the quota volume can be expressed roughly to that economic union may be carried out by one of as follows : its members,
21 . 10 . 77 Official Journal of the European Communities No L 269/7
HAS ADOPTED THIS REGULATION : manner and to the extent provided in paragraph 1 , draw a fourth share equal to the third.
Article 1 It shall continue in this fashion until the reserve is exhausted. 1 . For the period 1 January to 31 December 1978 , a Community tariff quota of 20 000 tonnes shall be 4. By way of derogation from paragraphs 1 to 3, a opened within the Community in respect of ferro Member State may draw shares lower than those speci silicon falling within subheading 73.02 C of the fied in those paragraphs if there are grounds for Common Customs Tariff. believing that those specified may not be used in full. Any Member State applying this paragraph shall 2. Imports of the product in question may not be inform the Commission of its grounds for so doing. charged against this tariff quota if they are already free of customs duties under other preferential tariff treat ment . Article 4
3 . Within this quota, Common Customs Tariff Additional shares drawn pursuant to Article 3 shall be duty shall be totally suspended. valid until 31 December 1978 .
Article2¶
1 . The Community tariff quota referred to in Member States shall, not later than 1 October 1978 , Article 1 shall be divided into two tranches . return to the reserve the unused portion of their initial share which, on 15 September 1978 is in excess of 2. A first tranche of 19 850 tonnes shall be allo 20 % of the initial volume. They may return a greater cated among the Member States ; the shares, which portion if there are grounds for believing that it may not be used in full . subject to Article 5 shall be valid from 1 January until 31 December 1978 , shall be as follows : Member States shall, not later than 1 October 1978 , (tonnes) notify the Commission of the total quantities of the Benelux 10 000 product in question imported up to and including 15 Denmark 1 50 September 1978 and charged against the Community Germany 5 950 quota and of any portion of these initial shares France 100 returned to the reserve . Ireland 50 Italy 850 United Kingdom 2 750 Article 6
3 . The second tranche of 150 tonnes shall consti Member States may restrict the possibility of charging tute a reserve . against their quotas to certain intended uses. In that case the Community provisions on <:he matter shall be Article 3 applied for checking that the product has been so used . 1 . As soon as a Member State has used 90 % or more of its initial share as fixed in Article 2 (2), or of that share minus any portion returned to the reserve Article 7 pursuant to Article 5, it shall forthwith, by notifying the Commission , draw a second share, to the extent The Commission shall keep an account of the shares that the reserve so permits, equal to 5 % of its initial opened by the Member States pursuant to Articles 2 share rounded up as necessary to the next whole and 3 and shall, as soon as the information reaches it, number. inform each State of the extent to which the reserve has been used up. 2. As soon as a Member State, after exhausting its initial share, has used 90 % or more of the second It shall , not later than 5 October 1978 , inform the share draw by it, that Member State shall forthwith, in Member States of the amount still in reserve, the manner and to the extent provided in paragraph 1 , following any return of shares pursuant to Article 5. draw a third share equal to 2-5 % of its initial share rounded up as necessary to the next whole number. It shall ensure that when an amount exhausting the reserve is drawn the amount so drawn does not exceed 3 . As soon as a Member State, after exhausting its the balance available, and to this end shall notify the second share , has used 90 % or more of the third amount of that balance to the Member State making share drawn by it, that Member State shall, in the the last drawing.
No L 269 / 8 Official Journal of the European Communities 21 . 10 . 77
Article8¶
1 . The Member States shall take all appropriate At the request of the Commission, the Member States measures to ensure that additional shares drawn shall inform it of importations charged against their pursuant to Article 3 are opened in such a way that shares . importations may be charged without interruption against their accumulated shares of the Community Article 10 quota. The Member States and the Commission shall coop 2. The Member States shall ensure that importers erate closely to ensure that this Regulation is of the product in question established in their terri complied with . tory have free access to the shares allocated to them.
3 . The extent to which the Member States have Article 11 used up their shares shall be determined on the basis of the importations of the products in question This Regulation shall enter into force on 1 January entered with the customs authorities for home use . 1978 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Luxembourg, 18 October 1977. For the Council The President H. SIMONET