31985R3675

No L 354 / 40 Official Journal of the European Communities 30 . 12 . 85

COUNCIL REGULATION ( EEC ) No 3675 / 85

of 20 December 1985

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES , 1982 1983 1984

Benelux 3,21 2,52 3,59 Denmark 0 0 0 Germany 49,14 73,83 74,88 Having regard to the Treaty establishing the European Greece 0,14 0 0 Economic Community , and in particular Article 13 France 11,80 2,22 0,28 thereof, Ireland 0 0 0 Italy 19,98 15,23 12,50 United Kingdom 15,73 6,20 8,75 Having regard to the proposal from the Commission ,

Whereas , in view of the factors and of market forecasts for Whereas , as regards ferro-silia>manganese falling within ferro-silico-manganese for 198|6 the initial percentage subheading 73.02 D , the European Economic Community shares in the quota volume can be expressed approximately as follows : has undertaken to open an annual duty-free Community tariff quota of 50 000 tonnes ; whereas this should however Benelux 3,13 be reduced to 18 550 tonnes to take account of the Denmark 0,01 traditional imports from EFTA countries which have been Germany 61,52 free of customs duty under the Agreements concluded with Greece 0,07 those countries ; whereas the tariff quota concerned should France 4,53 therefore be opened on 1 January 1986 and allocated Ireland o,oi among the Member States by providing for Spain's and Italy 18,04 Portugal's participation as from 1 March 1986 ; whereas United Kingdom 12,69 this participation can initially be confined to the possible application of Article 2 ( 3 ); Whereas , to take account of future trends in imports of the product in question , the quota volume should be divided into two instalments , the first being allocated between the Whereas equal and continuous access to the quota should Member States of the Community of Ten , and the second be ensured for all importers and the rate of duty for the forming a reserve intended to cover any subsequent tariff quota should be applied consistently to all imports requirements to Member States which have used up their until the quota is used up ; whereas , in the light of the initial share, as well as the requirements of the new principles outlined above , arrangements for the utilization Member States ; whereas , in order to give importers some of the Community tariff quota based on an allocation degree of certainty , the first instalment of the tariff quota among Member States would seem to be consistent with should be fixed at a high level , which in this case should be the Community nature of the quota ; whereas , in order that approximately 95% of the volume of the quota ; it may correspond as closely as possible to the actual market trends in the product in question , allocation of the quota should be in proportion to the requirements of the Whereas initial shares may be used up at different rates ; Member States as calculated by reference to statistical data whereas , to avoid disruption of supplies on this account , it on. imports from third countries during a representative should be provided that any Member State which has reference period and to the economic prospects for the almost used up its initial share should draw and additional quota period in question ; share from the reserve ; whereas each time its additional share is almost used 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 Whereas , during the last three years for which complete valid until the end of the quota period ; whereas this form statistics are available , the corresponding imports into each of 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 product 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 States arrangement : accordingly ;

30 . 12 . 85 Official Journal of the European Communities No L 354 / 41

Whereas , if at a given date , in the quota period a or Portugal and requests the benefit of the quota , the considerable quantity of a Member State's initial share Member State concerned shall inform the Commission and remains unused , it is essential that that Member State draw an amount corresponding to these requirements to should return a significant proportion to the reserve , in the extent that the available balance of the reserve permits order to avoid a part of the Community quota remaining this . unused in one Member state when it could be used in others ; Article 3 Whereas , of 1 . If a Member State has used 90 % or more of its initial the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux share as fixed in Article 2 ( 1 ), or of that share minus any Economic Union , any measure concerning the portion returned to the reserve pursuant to Article 5 , it administration of the shares allocated to that economic shall forthwith , by notifying the Commission , draw a union may be carried out by any one of its members , second share , to the extent that the reserve so permits , equal to 10 % of it 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 Member State shall forthwith , in the manner and to the Article 1 extent provided in paragraph 1 , draw a third share equal to 5 % of its initial share rounded up as necessary to the next 1 . From 1 January to 31 December 1986 a Community whole number . tariff quota of 18 550 tonnes shall be opened in the Community for ferro-silico-manganese falling within subheading 73.02 D of the Common Customs Tariff. 3 . If a Member State , after exhausting its second share, has used 90 % or more of the third share drawn by it, that Member State shall , in the manner and to the extent 2 . Imports of the product in question may not be charged against this tariff quota if they are already free of customs provided in paragraph 1 , draw a fourth share equal to the third . duties under other preferential tariff arrangements .

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

1 . A first instalment of 17 650 tonnes of this Community tariff quota shall be allocated among the Member States of Article 4 the Community of Ten ; the shares , which subject to Article 5 shall be valid from 1 January to 31 December Additional shares drawn pursuant to Article 3 shall be valid 1986 shall be as follows : until 31 December 1986 . (tonnes) Benelux 552 Denmark 2 Article 5 Germany 10 858 Greece 12 France 800 Member States shall , not later than 1 October 1986 , return Ireland 2 to the reserve the unused portion of their initial share 3 184 which , on 15 September 1986 , is in excess of 20 % of the Italy 2 240 initial volume . They may return a greater portion if there United Kingdom are grounds for believing that it may not be used in full .

2 . The second instalment of 900 tonnes shall constitute Member States shall , not later than 1 October 1986 , notify the reserve . the Commission of the total quantities of the production in question imported up to and including 15 September 1986 3 . If, from 1 March 1986 , an importer notifies an and charged against the Community quota and of any imminent importation of the product in question in Spain portion of their initial shares returned to the reserve.

No L 354 / 42 Official Journal of the European Communities 30 . 12 . 85

Article 6 without interruption against their aggregate shares of the Community quota . Member States may restrict the charging of imports against their shares to products for certain intended uses . In that 2 . Member States shall ensure that importers of the 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 . Member States shall charge imports of the product in question against their shares as and when the product is Article 7 entered with the customs authorities for free circulation .

The Commission shall keep an account of the shares 4 . The extent to which a Member State has used up its opened by the Member States pursuant to Article 2 and 3 shares shall be determined on the basis of the imports and shall , as soon as the information reaches it , inform charged in accordance with paragraph 3 . each State of the extent to which the reserve has been used up . Article 9 It shall , not later than 5 October 1986 , inform the Member States of the amount still in reserve , following any return of At the Commission's request, Member States shall inform it shares pursuant to Article 5 . of the imports actually charged against their shares .

It shall ensure that the drawing which exhausts the reserve does not exceed the balance available , and to this end shall Article 10 notify the amount of that balance to the Member States making the last drawing. The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . Article 8

Article 11 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 This Regulation shall enter into force on 1 January 1986 .

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

Done at Brussels , 20 December 1985 .

For the Council The President

R. KRIEPS