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COM (83) 081 
 
 
 
Vol. 1983/0 028 
  
 
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Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening to the public of the historical archives of the European Economic 
Community and the European Atomic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation. 
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 1983 über die Freigabe der historischen Archive der Europäischen 
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983, 
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003 
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit 
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5 
der genannten Verordnung freigegeben. 
COMMISSION OF THE EUROPEAN COMMUNITIES
con<83) 81 final  
Brussels, 2 1  February 1983
Draft
C O U N C I L  R E G U L A T IO N  (E E C )
opening, allocating and administering a  Com m unity tariff quota  
for certain grades of ferro-chromium, falling within  
subheading ex 73.02 E  I of the  
C o m m o n  Customs Tariff
(submitted to the Council by the Commission)
C0M (83) 8 1  final

E X P L A N A T O R Y  M E M O R A N D U M
1. T he Com mission has felt it necessary, following a  request from  the G erm an 
authorities, to examine the question of opening in 1983 a  C om m unity tariff 
quota for certain grades of ferro-chromium, together with the ever present 
question of the flow of C om m unity production. This examination has been 
carried out during meetings taking place, in particular o n  1 4  January 1983, 
with producers and consumers, and o n  1 8  January 1983 with the Governm ent 
experts concerned.
2. T he results of the discussions are :
a) that the agreements between producers and consumers which had ensured 
a  satisfaction flow of C om m unity production during the previous years, 
and in particular for the second half of 1982, were well o n  the w a y
to being concluded, while nevertheless not yet being considered 
fi n a  l .
In this connection, the Com m ission considers that the draft regulation 
annexed is an instrumert serving, o n  the one hand to facilitate the 
conclusion of these agreements for 1983, and, o n  the other hand, to 
allow the adoption in good time of the decision possibly to be 
taken by the Council. It is evident that this draft would have to 
be withdrawn if it appeared that the security of the flow of C om m unity 
production could not be ensured.
b ) that the solution adopted in 1982 m aking provision for opening tariff 
quotas only for ferro-chromium containing at least 6  %  carbon (with
a  possible m in im u m  percentage of silicum) had not been entirely 
satisfaction, and that the solution for 1983 should also include 
ferro-chromium containing from  4  to 6  %  carbon.
c) that the requirements of importations com ing from  non-preferentia l  
third countries in 1983 could not be ascertained at the present time, 
neither globally nor separately for each quality of ferro-chromium 
cited at point b). Estimates m a d e  o n  the basis of the incomplete 
information currently available nevertheless places these requirements 
at approximately 1 0  000 tonnes for the ferro-chromium containing from  
4  to 6  %  of carbon and approximately 200 000 tonnes for that

containing at least 6  %  carbon.
In these circumstances, the Com mission considers it necessary, taking 
into account the uncertainties relating to the necessary economic data, 
and the necessity to ensure parallel development of the flow of C om m unity 
production and the supply under favourable conditions to the user 
industries, to sh o w  caution in fixing the quota volumes, in order not 
to disturb the balance of the market.
T o  this end, it suggests opening for the year 1983, tariff quotas at 
a  nil rate, for which the provisional volumes, covering the first months' 
requirements, are respecvively 3  000 and 60 000 tonnes, which could be 
revised in the light of changes in the situation. Revision could be 
m ad e in April within the "Tariff E conom y" Group in order to effect, 
taking into account the delay for approval procedures, a  possible 
increase from  1  July 1983.
A s  is the practice in similar cases, the quota volumes proposed have 
been subdivided into 2  tranches, the first being divided a m o n g  the 
M e m b e r States in proportion to their foreseeable importations from  third 
countries, and the second corresponding to the balance of this volum e 
constituting a  C om m unity reserve. T he constitution of such a  reserve 
is all the m ore justified in the present case since the quota volumes 
are liable to be revised during the year to better correspond to the 
real requirements of the user industries, and since the original quota 
shares were unable to be determined with the accuracy desired.
Furthermore, the draft regulation submitted by the Com mission m akes 
provision in Article 6, for the possibility for M e m b e r States to 
restrict to certain user the benefit of the tariff quotas in questioh.

Draft
COUNCIL REGULATION (EEC)
opening allocating and administering a Community tariff quota for certain  
grades of ferro-chromium falling within subheading ex 73.02 E I of the Common
Customs Tariff
THE COUNCIL OF THE EUROPEAN and to the economic outlook for the quota period in
COMMUNITIES, question;
Having regard to the Treaty establishing the European 
Economic Community and in particular Article 28 
thereof,
Having regard to the draft Regulation 
submitted by the Commission,
Whereas, for ferro-chromium containing 
not less than 4  %  by weight of carbon 
production is, to a variable 
degree, inadequate in the Community and producers 
are unable to meet the total requirements of consumer 
industries ; whereas it is therefore in the Community’s 
interest to suspend totally in respect of this metal the 
application of the Common Customs Tariff duty for a 
period running up to 31 December 198 3 within a 
suitable tariff quota ; whereas, in order to avoid dis­
turbing the equilibrium of the market for this ferro­
alloy and to ensure parallel development in sales of 
Community production and in supplies to meet the 
requirements of consumer industries, it is appropriate 
to fix the quota volume at the provisional level of 
63000 tonnes, covering immediate import needs 
from third countries ; whereas for the same reasons a 
distinction should be made between certain grades of 
ferro-chrome and the abovementioned quota volume 
should be allocated between them ; whereas, moreover, 
Member States should be free only to authorize 
amounts to be charged against this volume subject to 
certain conditions relating to destination ;
Whereas equal and continuous access to these quotas 
should be guaranteed for all Community importers 
and the rate of duty for these tariff quotas should be 
applied consistently to all imports until the quotas are 
exhausted ;  whereas, in the light of these principles, 
arrangements for the utilization of the Community 
tariff quotas based on an allocation among Member 
States would seem to comply with the Community 
nature of the quotas ; whereas, to correspond as closely 
as possible to the actual trend in the market in the 
products in question, such allocation should be in 
proportion to the requirements of the Member States 
as calculated by reference to statistics of imports from 
third countries during a representative reference periodWhereas, however, since the quotas are autonomous 
Community tariff quotas intended to cover import 
needs arising in the Community, the quota volumes 
may, as an experiment, be allocated on the basis of the 
temporary import needs from third countries esti­
mated for each of the Member States ; whereas this 
system of allocation also ensures the uniform applica­
tion of the Common Customs Tariff;
Whereas, to take account of future import trends for 
the products concerned, the quota volumes should be 
divided into two instalments, the first being allocated 
among the Member States and the second held as a 
reserve to cover subsequently the requirements of 
Member States which have exhausted their initial 
shares; whereas, to give importers of the Member 
States some degree of certainty, the first instalment of 
each Community tariff quota should be fixed at a rela­
tively high level which could be at m ore than 9 0 %  
of the quota volumes;
Whereas Member States may exhaust their initial 
shares at different rates ; whereas, to avoid disruption 
of supplies on this account, provision should be made 
that any Member State which has almost used up its 
initial share should draw an additional share from the 
corresponding reserve; whereas each time its addi­
tional share is almost exhausted a Member State 
should draw a further share, and so on as many times 
as each reserve allows ; whereas the initial and addi­
tional shares should be valid until the end of the quota 
period ; whereas this form of administration requires 
close collaboration betv'een the Member States and the 
Commission and the Cr mmission must be in a posi­
tion to monitor the extent to which the quota volumes 
have been used up and 'o inforrn the Member States 
accordingly ;
Whereas, if at a given date in the quota period a con­
siderable quantity of one of a Member State’ s initial 
shares remains unused, it is essential that such State 
should return a significant proportion thereof to the 
corresponding reserve, in order to prevent a part of 
one of the Community quotas from remaining unused 
in one Member State while it could be ^scu in others ;

-2-
Whereas since the Kingdom of Belgium, the 
Kingdom of the Netherlands and the Grand Duchy of 
Luxembourg are united within and jointly represented 
by the Benelux Economic Union, any measure con­
cerning the administration of the shares allocated to 
that Economic Union may be carried out by any one 
of its members,
HAS ADOPTED THIS REGULATION :
Article 1
1. From the date of entry into force of this Regula­
tion until 31 December 198J a tariff quota of 63 000 
tonnes shall be opened within the Community in 
respect of certain grades of ferro-chromium falling 
within subheading ex 73.02 E I of the Common 
Customs Tariff.
2. The volume of the tariff quota referred to in 
paragraph 1  shall be allocated as follows :
(a) 3 OOQonnes for ferro-chromium containing not  
less than 4 % by weight of carbon ;
(b) 60 000 tonnes for ferro-chromium containing not
less than 6 % by weight of carbon
3. Imports of the products in question which 
already benefit from exemption from customs duties 
under another preferential tariff system are not to be 
charged against this tariff quota.
4. Within this quota, the customs tariff duty shall 
be totally suspended. Within the context of this quota, 
the Hellenic Republic shall apply customs duties 
calculated in accordance with the relevant provisions 
laid down in the 1979 Act of Accession.
Article 2
1. A first instalment of each of the volumes indi­
cated in Article 1  (2), amounting to2900 tonnes for 
the tariff quota referred to at (a) and-'5000 tonnes for 
the tariff quota referred to at (b), shall be allocated 
among the Member States ;  the shares, which subject 
to Article 5 shall be valid until 31 December 1983 
shall be as follows :
(a) as regard ferro-chromium containing not less than 
4 % by weight of carbon :
(tonnes)
Benelux 1  570
Denmark 10
Germany 100
Greece 10
France 600
Ireland 10
Italy 300
United Kingdom 300(b) as regards ferro-chromium containing not less than 
6 % by weight of carbon
(tonnes)
Benelux 15
Denmark 5
Germany 31 650
Greece 5
France 12250
Ireland 5
Italy 5120
United Kingdom 5950
The two instalments, involving 1  00 tonnes and
000 tonnes respectively, shall constitute the
reserves.
Article 3
1. As soon as one of the Member States has used 
90 % or more of one of its initial shares as fixed in 
Article 2 (1), or of that share minus any 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 10 % of its initial share rounded up as neces­
sary to the next whole number.
2. As soon as one of the Member States, after 
exhausting one or other of its initial shares, has used 
90 % or more of the second share drawn by it, that 
Member State shall forthwith, in the manner and to 
the extent provided in paragraph 1, draw a third share 
equal to 5 % of its initial share.
3. As soon as one of the Member States, after 
exhausting one or other second share, has used 90 % 
or more of the third share drawn by it, that Member 
State shall forthwith and on the same conditions draw 
a fourth share equal to the third.
This process shall continue until the reserves are 
exhausted.
4. Notwithstanding paragraphs 1, 2 and 3, Member 
States may draw shares lower than those specified 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 grounds for doing so.
Article 4
Additional shares drawn pursuant to Article 3 shall be 
valid until 31 December 1983.
Article 5
Member States shall, not later than 1  November 1983 
return to the reserve the unused portion of their initial 
share which on 15 October 198 3exceeds 20 % of the 
initial amount. They may return a greater portion if 
there are grounds for believing that such part may not 
be used in full.

- 3 -
Not later than 1  November 198 3 the Member States 
shall notify the Commission of the total quantities of 
the products in question imported up to and including 
15 October 1983 and charged against the Community 
quotas and of any portion of their initial shares 
returned to the corresponding reserve.
Article 6
Member States may decide that only products to be 
used for certain purposes may be charged against their 
quota shares. A control in the case that the products 
have been used for the particular purpose specified 
shall be carried out by applying the Community 
provisions on the subject.
Article 7
The Commission shall keep an account of the shares 
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 reserves 
have been used up.
Not later than 5 November 1983, it shall inform the 
Member States of the amounts still in the reserves 
following any return of shares pursuant to Article 5.
It shall ensure that, when an amount exhausting one 
of the reserves is drawn, the amount so drawn 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.Article 8
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 without interruption against their accumu­
lated shares of the tariff quotas.
2. Member States shall ensure that importers of the
products in question have
free access to the shares allocated to them.
3. The extent to which Member States have used up 
their shares shall be determined on the basis of 
imports of the products in question entered with the 
customs authorities for free circulation.
Article 9
At the request of the Commission, the Member States 
shall inform it of imports actually charged against 
their shares.
Article 10
Member States and the Commission shall cooperate 
closely to ensure that this Regulation is complied with.
Article 11
This Regulation shall enter into force on the day 
following its publication in the Official Journal of the  
European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member 
States.
Done at Brussels,
For the Council  
The President