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COM (83) 606 
 
 
 
Vol. 1983/0 225 
  
 
Disclaimer  
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 Econom ic 
Communit y and the European Atom ic 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), t his 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. 
Februa r 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 v om 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
C O M  ( 83) 606 final
Brussels, 1 7  O ctober 1 9 8 3
Draft
C O U N C I L  R E G U L A T I O N  ( E E C )
opening, allocating a n d  administering a  C o m m u n ity  tariff quota  
for certain grades of ferro-chromium, falling within  
subheading ex  73.02 E  I  of the C o m m o n  C u sto m s Tariff
(submitted to the Council b y  the C om m ission)
C O M (83) 606 final

E X P L A N A T O R Y  M E M O R A N D U M
1. T h e  C om m ission h as felt it necessary to exam ine the question of opening  
in 1984 a  C o m m u n ity  tariff quota for certain grades of ferro-chromi urn, 
together with the ever present question of the flow of C o m m u n ity  
production. This examination has been carried out during meetings taking  
place, in particular on  5  Septem ber 1983, with producers a n d  consumers,  
a n d  o n  1 3  Septem ber 1983 with the G overn m en t experts concerned.
2. T h e  results of the discussions are:
a) that producers a n d  consumers are strongly determined to maintain in
1984 the agreements they have concluded a n d  carried out in a  satisfactory  
m a n n e r  in 1983. This fram e of m in d  justifies the request that has been  
expressed during those meetings to see the tariff quotas for the products  
in question being opened o n  the 1st January 1984 rather than o n  the 1st  
April a s such h a d  been the case in the beginning of 1983.
In  this connection, the C om m ission considers that the draft regulation  
annexed is a n  instrument serving, o n  the on e h a n d  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  
b y  the Council. It is evident that this draft w ou ld have to b e  
w ithdraw n if it appeared that the security of the flow of C o m m u n ity  
production could not be ensured.
b ) that the solution adopted in 1983 m ak in g provision for opening tariff  
quotas for:
1 ) ferro-chrom iurn containing from  4  to 6 %  carbon
2 ) ferro-chrom iurn containing at least 6 %  carbon should b e repeated in  
1984.
c) that the requirements of importations com ing fro m  non-preferential  
third countries in 1984 could not b e ascertained at the present time,  
neither globally n or 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 a  figure lower than 1 0  000 tonnes for the ferro-chrom iurn containing  
fro m  4  to 6 %  of carbon a n d -  approximately 250 000 tonnes for that

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containing at Least 6  %  carbon.
3. In  these circumstances, the C om m ission considers it necessary, taking  
into account the uncertainties relating to the necessary econom ic data,  
a n d  the necessity to ensure parallel development of the flow of C o m m u n ity  
production a n d  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 m arket.
T o  this end, it suggests opening for the year 1984, tariff quotas at  
a  nil rate, for w hich the provisional volumes, covering the first m onths'  
requirements, are respectively 3  000 a n d  1 1 5  000 tonnes, w hich could b e  
revised in the light of changes in the situation. Revision could b e  
m a d e  in April within the "Tariff E c o n o m y "  G ro u p  in order to effect,  
taking into account the delay for approval procedures, a  possible  
increase fro m  1  July 1984.
4. A s  is the practice in similar cases, the quota volum es 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 fro m  third  
countries, a n d  the second corresponding to the balance of this volum e  
constituting a  C o m m u n ity  reserve. T h e  constitution of such a  reserve
is all the m o re justified in the present case since the quota volum es  
are liable to b e revised during the year to better correspond to the  
real requirements of the user industries, a n d  since the original quota  
shares w ere unable to b e determined with the accuracy desired.
Furthermore, the draft regulation submitted b y  the C om m ission m a k es  
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 question.

D R A F T
COUNCIL REGULATION (EEC)
opening, allocating and ad m in isterin g  a C om m unity tariff quota for certain 
grades of ferro-chrom ium  falling w ithin subheading ex 73.02 E I of the C om m on
C u sto m s T ariff
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES,and to the economic outlook for the quota period in 
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,
W hereas, for certain grades of ferro-  
ch ro m iu m  containing not L ess than 4 %  b y  
of carbon, or not less than 6 %  b y  w eight'
of cartaoYl, production " u S j
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 1984 within a suitable tariff quota; 
whereas, in order to avoid disturbing 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 of1 1  5000 tonnes covering  
diate import needs from third countries ;  whereas for 
the same reasons a distinction should be made 
between certain grades of ferro-chrome and the above- 
mentioned 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;
weight
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 more than 90 % of 
the quota volumes ;
immëWhereas 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 between the Member States and the 
Commission and the Commission must be in a posi­
tion to monitor the extent to which the quota volumes 
have been used up and to inform 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 used in others ;

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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 - ]  January until 3 1  D ecem b er  
1984, a  tariff quota of 1 1 5  000  
tonnes shall be opened within the Community in 
respect of certain grades of ferro-chromium falling 
within subheading ex 73.02 E 1  of the Common 
Customs Tariff.
2. The volume of the tariff quota referred to in 
paragraph 1  shall be allocated as follows :
(a) 3 000 tonnes for ferro-chromium containing not 
less than 4 % by weight of carbon ;
(bjl 1  2000 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 to 2 900 tonnes for 
the tariff quota referred to at (a) and 107000 tonnes for  
the tariff nuota referred to at (b), shall be allocated 
among the M‘ -mber States; the shares, which subject 
to Article j shall be valid until 31 December 198^ 
shall be as follows :
(a) as regards ferro-chromium containing not less than 
4 % b\ v  eight of carbon :
(tonnes)
Benelux 1 5 0 0
Denmark5
Germany 100
Greece 5
France 6 8 5
Ireland 5
Italy 3 0 0
United K  igdom 3 0 0(b) as regards ferro-chromium containing not less than  
6 % by weight of carbon
(tonnes)
Benelux 4 9 2 5
Denmark 5
Germany 5 8  7 4 5
Greece 5
France 2 3  8 6 5
Ireland 5
Italy 8 4 5 0
United Kingdom 11 0 0 0
2. The second instalments, involving  
100 tonnes a n d  5  000 tonnes respectively, 
shal l  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 share, 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 anil 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 1984.
Article 5
Member States shall, not later than 1  November 1984 
return to the reserve the unused portion of their initial 
share which on 15 October 198 4 exceeds 20 % of the

-  3 -
initial amount. They may return a greater portion if 
there are grounds for believing that such part may not 
be used in full.
Not later than 1  November 1984, the Member States 
shall notify the Commission of the total quantities of 
the products in question imported up to and including 
15 October 1984 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 provi­
sions 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 1984 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 shallnotify 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 h ave 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 January  
1984.
This Regulation shall be binding in its entirety and directly applicable in all Member 
States.
Done at Brussels,
For the Council  
The President