31985R3674

30 . 12 . 85 No L 354 / 37 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 3674/ 85

of 20 December 1985

opening, allocating and providing for the administration of a Community tariff quota for ferro-silicon, falling within subheading 73.02 C of the Common Customs Tariff ( 1986)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , 1982 1983 1984

Benelux 7,75 11,24 11,35 Denmark 0 0 0 Germany 72,26 76,83 73,57 Having regard to the Theaty establishing the European Greece 0,01 0,04 0 Economic Community, and in particular Article 113 France 1,31 0,30 0,56 thereof, Ireland 0,01 0 0 Italy 13,62 2,63 4,00 United Kingdom 5,04 8,96 10,52 Having regard to the proposal from the Commission ,

Whereas , in view of these factors and of market forecasts Whereas , as regards ferro-silicon falling within subheading for ferro-silicon for 1986 , the initial percentage shares in 73.02 C , the European Economic Community has the quota volume can be expressed approximately as undertaken to open an annual duty-free tariff quota of follows : 20 000 tonnes ; whereas this should , however , be reduced Benelux 9,64 to 12 600 tonnes take account of the traditional imports Denmark 0,01 from EFTA countries which have been free of customs duty under the Agreements concluded with those countries , as Germany 70,83 Greece 0,02 well as obligations entered into in relation to a third France 1,67 country which has the right of the previous negotiator for Ireland 0,02 this quota volume; whereas the quota concerned should therefore be opened on 1 January 1986 and allocated Italy 10,85 among the Member States by providing for Spain's and United Kingdom 6,96 Portugal's participation as from 1 March 1986 ; whereas this participation can initially be confined to the possible application of Article 2 (4 ); Whereas , to take account of future import trends for the product concerned , the quota volume should be divided into two instalments , tho first being allocated among Member States of the Community of Ten and the second Whereas equal and continuous access to the quota should held as a reserve to cover subsequent the requirements of be ensured for all importers and the rate of duty for the Member States which have used up their initial share as tariff quota should be applied consistently to all imports well as the requirements of the new Member States ; until the quota is exhausted ; whereas arrangements for the whereas, to give importers some degree of certainty, the utilization of the Community tariff quota based on an first instalment of the tariff quota should be fixed at a high allocation among Member States would seem to be level , which in this case could be approximately 95 % of consistent with the Community nature of the quota ; the volume of the quota ; whereas , to correspond as closely as possible to the actual trend to the market in the product in question , allocation of the quota should be in proportion to the requirements of Whereas initial shares may be used up at different rates ; the Member States as calculated by reference to statistics of whereas to avoid disruption of supplies on this account it imports from third countries during a representative should be provided that any Member State which has reference period and to the economic outlook for the quota almost used up its initial share should draw an additional period in question ; share from the reserve ; whereas each time its additional share is almost up a Member State should draw a further share, and so on as many times as the reserve allows; whereas the initial and additional shares should be valid Wheras, during the last three years for which complete until the end of the quota period; whereas this form of statistics are available , the corresponding imports into each administration requires close collaboration between the of the Member States represented the following percentages Member States and the Commission , which latter must be of imports of the products in question from third countries in a position to keep account of the extent to which the not benefiting from an ■ equivalent preferential quotas have been used up and to inform the Member, arrangement : States accordingly ;

No L 354 / 38 30 . 12 . 85 Official Journal of the European Communities

Whereas if, at a given date iin the quota period , a 4 . If, from 1 March 1986 , an importer notifies an considerable quantity of a Member State's initial share imminent importation of the product in question in Spain remains unused , it is essential that that Member State or Portugal and requests the benefit of the quota , the Member State concerned shall inform the Commission and should return a significant proportion to the reserve , in order to prevent a part of the Community quota remaining draw an amount corresponding to these requirements to unused in one Member State while it could be used in the extent that the available balance of the reserve permits this . others ;

Whereas , since the Kingdom of Belguim , the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are Article 3 united within an jointly represented by the Benelux Economic Union , any measure concerning the 1 . If a Member State has used 90 % or more of its initial administration of the shares allocated to that economic share as fixed in Article 2 ( 2 ), or of that share minus any union may be carried out by any one of its members , portion returned to the reserve pursuant to Article 5 , it shall forthwith , by notifying the Commission, draw a second share , to the extent that the reserve so permits , equal to 5 % of its initial share rounded up as necessary to the next whole number . HAS ADOPTED THIS REGULATION :

2 . If a Member State , after exhausting its initial share , has used 90 % or more of the second share drawn by it , that Article 1 Member State shall forthwith , i|n the manner and to the extent provided in paragraph 1 , draw a third share equal to 1 . From 1 January to 31 December 1986 a Community 2,5 % of its initial share rounded up as necessary to the tariff quota of 12 600 tonnes shall be opened in the next whole number . Community for ferro-silicon falling within subheading 73.02 C of the Common Customs Tariff. 3 . If a Member State , after exhausting its second share , 2 . Imports of the product in question may not be charged has used 90 % or more of the third share drawn by it , that Member State shall , in the manner and to the extent against this tariff quota if they are already free of customs duties under other preferential tariff arrangements . provided in paragraph 1 , draw a fourth share equal to the third . 3 . Within this quota the Common Customs Tariff duty shall be totally suspended . This process shall apply until the reserve is used up .

4 . Within the limits of this tariff quota , Spain and 4 . By way of derogation from paragraphs 1 , 2 and 3 , a Portugal shall apply duties calculated in accordance with Member State may draw shares lower than those specified the relevant provisions in the 1985 Act of Accession . in those paragraphs if there are grounds for believing that those specified may not be used in full . Any Member State applying this paragraph shall inform the Commission of its Article 2 grounds for so doing.

1 . The Community tariff quota referred to in Article 1 shall be divided into two instalments . Article 4 2 . A first instalment of 12 000 tonnes shall be allocated Additional shares drawn pursuant to Article 3 shall be valid among the Member States of the Community of Ten ; the until 31 December 1986 . shares , which , subject to Article 5 , shall be valid from 1 January to 31 December 1986 shall be as follows :

(tonnes) Article 5 Benelux 1 157 Denmark 1 8 500 Member States shall , not later than 1 Oktober 1986 , return Germany Greece 2 to the reserve the unused portion of their initial share France 200 which , on 15 September 1986 , is in excess of 20 % of the Ireland 2 initial volume . They may return a greater portion if there 1 302 are grounds for believing that it may not be used in full . Italy United Kingdom 836 Member States shall , not later than 1 Oktober 1986 , notify 3 . The second instalment of 600 tonnes shall constitute the Commission of the total quantities of the product in the reserve . question imported up to and including 15 September 1986 ,

30 . 12 . 85 No L 354 / 39 Official Journal of the European Communities

Article 8 and charged against the Community quota and of any portion of their initial shares returned to the reserve. 1 . Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged Article 6 without interruption against their aggregate shares of the Community quota . Member States may restrict the charging of imports against 2 . Member States shall ensure that importers of the their shares to products for certain intended uses . In that case the Community provisions on the matter shall be product in question have free access to the shares allocated to them . applied for checking that the product has been used for the stipulated purpose . 3 . The extent to which the Member States have used up their shares shall be determined on the basis of the imports of the product in question entered with the customs Article 7 authorities for free circulation .

The Commission shall keep an account of the shares Article 9 opened by the Member States pursuant to Articles 2 and 3 and shall , as soon as the information reaches it , inform each State of the extent to which the reserve had been used At the Commission's request , Member States shall inform it up . of imports actually charged against their shares .

Article 10 It shall , not later than 5 October 1986 inform the Member States of the amount still in reserve , following any return of shares pursuant to Article 5 . The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with .

It shall ensure that the drawing which exhausts the reserve Article 11 does not exceed the balance available , and to this end shall notify the amount of that balance to the Member State making the last drawing. This Regulation shall enter into force on 1 January 1986 .

This Regulation shall be binding in its entirety an directly applicable in all Member States .

Done at Brussels , 20 December 1985 .

For the Council

The President

R. KRIEPS