31977R2304

21 . 10 . 77 Official Journal of the European Communities No L 269/9

COUNCIL REGULATION (EEC) No 2304/77 of 18 October 1977 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 ( 1978 )

THE COUNCIL OF THE EUROPEAN percentage shares in the quota volume may be COMMUNITIES , expressed roughly as follows :

Benelux 14-47 Having regard to the Treaty establishing the European Denmark 0-62 Economic Community, and in particular Article 113 thereof, Germany 7606 France 0-20 Ireland 1 04 Having regard to the proposal from the Commission, Italy 3-44 United Kingdom 4-17 Whereas, as regards ferro-silico-manganese falling within subheading 73.02 D, the European Economic Community has undertaken to open an annual duty­ Whereas, to take account of future trends in imports free Community tariff quota of 50 000 tonnes ; of the product in question, the quota should be whereas the tariff quota in question should therefore divided into two tranches, the first being allocated and be opened on 1 January 1978 and allocated among the second forming a reserve intended to cover any the Member States ; subsequent requirements of Member States which have used up their initial share ; whereas, in order to ensure a certain degree of security for importers, the Whereas equal and continuous access to the quota first tranche of the Community tariff quota should be should be ensured for all Community importers and set at a high level which, in this case, might be 96 % the rate of duty for the tariff quota should be applied of the volume of the quota ; consistently to all imports until the quota is used up ; whereas in the light of the principles outlined above, arrangements for the utilization of the Community Whereas Member States may use up their initial tariff quota based on an allocation among Member shares at different rates ; whereas to provide for this States would seem to be consistent with the Commu­ eventuality and to avoid disruption of supplies, any nity nature of the quota ; whereas, in order that it may Member State which has almost used up its initial correspond as closely as possible to the actual market share should draw an additional share from the trends in the product in question, allocation of the reserve ; whereas each time its additional share is quota should be in proportion to the requirements of almost used up, a Member State should draw a further the Member States as calculated by reference to statis­ share, and so on as many times as the reserve allows ; tical data on imports from third countries during a whereas the initial and additional shares should be representative reference period and to the economic valid until the end of the quota period ; whereas this prospects for the quota period in question ; form of administration requires close collaboration between Member States and the Commission , which Whereas, during the last three years for which statis­ latter must, in particular, be able to keep a record of tics are full^ available, the corresponding imports into the extent to which the quota has been used up and each of the Member States represented the following to inform the Member States accordingly ; percentages of the total irnports of the product in question : 1974 / 975 1976 Whereas if at a given date in the quota period a considerable quantity of a Member State's initial share Benelux 18-41 11-00 15-22 remains unused, it is essential that that Member State Denmark 0 0 0 should return a significant proportion to the reserve Germany 58-88 71-52 67-87 so as to avoid a part of the quota remaining unused in France 0-46 0-58 1-68 one Member State when it could be used in others ; Ireland 0 0-04 0 Italy 19-61 14-04 14-29 United Kingdom 2-64 2-82 2-94 Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Whereas, in view of these factors and of market fore­ Luxembourg are united within and jointly represented casts for ferro-silico-manganese for 1978 , the initial by the Benelux Economic Union , any measure

No L 269/ 10 Official Journal of the European Communities 21 . 10 . 77

concerning the administration of the shares allocated in accordance with the same conditions, draw a fourth to that economic union may be carried out by any share equal to the third. one of its members, This process shall apply until the reserve is used up.

HAS ADOPTED THIS REGULATION : 4. By way of derogation from paragraphs 1 , 2 and 3, Member States may draw lesser shares than those specified therein if there are grounds for believing Article 1 that those specified may not be used up. They shall 1 . For the period 1 January to 31 December 1978 , inform the Commission of their reasons for applying a Community tariff quota of 50 000 tonnes shall be this paragraph. opened in the Community for ferro-silico-manganese falling within subheading 73.02 D of the Common Article 4 Customs Tariff. Additional shares drawn pursuant to Article 3 shall be 2. Imports of the product in question may not be valid until 31 December 1978 . charged against this tariff quota if they are already free of customs duties under other preferential tariff arran­ Article 5 gements. Member States shall return to the reserve, not later 3 . Within this tariff quota, the Common Customs than 1 October 1978, the unused portions of their Tariff duty shall be totally suspended. initial shares which, on 15 September 1978, are in excess of 20 % of the initial amounts. They may Article 2 return a greater portion if there are grounds for believing that such portion may not be used up. 1 . A first tranche of 48 000 tonnes of this Commu­ nity tariff quota shall be allocated among the Member Member States shall notify the Commission, not later States ; the shares, which subject to Article 5 shall be than 1 October 1978 , of the total quantities of the valid from 1 January to 31 December 1978 , shall be product in question imported up to and including 15 as follows : September 1978 and charged against the Community (tonnes) quota and of any portion of their initial shares Benelux 6 950 returned to the reserve . Denmark 300 Germany 36 500 Article 6 France 100 Ireland 500 Member States may restrict the possibility of charging Italy 1 650 against their quotas to certain intended uses. In that United Kingdom 2 000 case the Community provisions on the matter shall be applied for checking that the product has been so 2 . The second tranche of 2 000 tonnes shall consti­ used . tute the reserve . Article 7 Article 3 The Commission shall keep an account of the shares 1 . If 90 % or more of a Member State's initial share opened by the Member States pursuant to Articles 2 as fixed in Article 2 ( 1 ), or of that share minus any and 3 and, as soon as it has been notified, shall inform portion returned to the reserve where Article 5 has each State of the extent to which the reserve has been been applied, has been used up, that Member State used up. shall forthwith, by notifying the Commission, draw a It shall inform the Member States, not later than 5 second share, to the extent that the reserve so permits, October 1978 , of the amount still in reserve after equal to 10 % of its initial share, rounded up as neces­ amounts have been returned thereto pursuant to sary to the next whole number. Article 5 . 2. If, after its initial share has been used up, 90 % or more of the second share drawn by a Member State It shall ensure that the drawing which exhausts the reserve does not exceed the balance available and, to has been used up, that Member State shall forthwith, this end, shall notify the amount of that balance to in the manner and to the extent provided in para­ the Member State making the last drawing. graph 1 , draw a third share equal to 5 % of its initial share, rounded up as necessary to the next whole number . Article 8

3 . If, after its second share has been used up, 90 % 1 . Member States shall take all appropriate or more of the third share drawn by a Member State measures to ensure that additional shares drawn has been used up, that Member State shall forthwith, pursuant to Article 3 are opened in such a way that

21 . 10 . 77 Official Journal of the European Communities No L 269 / 11

imports may be charged without interruption against Article 9 their aggregate shares of the Community quota. At the Commission's request, Member States shall 2. Member States shall ensure that importers of the inform it of the imports actually charged against their shares . product in question established in their territory have free access to the shares allocated to them . Article 10 3 . Member States shall charge imports of the The Member States and the Commission shall coop­ product in question against their shares as and when erate closely to ensure that this Regulation is the product is entered with the customs authorities for complied with. home use . Article 11 4. The extent to which a Member State has used up its share shall be determined on the basis of the This Regulation shall enter into force on 1 January imports charged in accordance with paragraph 3 . 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