CELEX: 51974PC0944
Language: en
Date: 1974-06-26
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for ferro-silicon falling within subheading No 73.02C of the Common Customs Tariff#Proposal for a REGULATION OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for ferro-silico-manganese falling within subheading No 73.02D of the Common Customs Tariff#Proposal for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for ferro-chromium containing 10% by weight or less of carbon and not less than 30% and not exceeding 90% inclusive by weight of chromium (super-refined ferro-chromium) falling within subheading No ex 73.02 E I of the Common Customs Tariff (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 944
Vol. 1974/0157
 ---pagebreak--- Disclaimer
Conformément 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
règlement.
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 Community (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 Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 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.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUN
                                                                             COM(74)944 final
                                                                            Brussels , 26 June 1974
                                  Proposal for a
                     REGULATION (EEC ) OF THE COUNCIL
                     ■I ■  n> m +     ^ ■ * i « <ii *imi » <i m ■ n m i» m ■ naia
      on the opening, allocation and administration of a Community
   tariff quota for ferro-silicon falling within subheading No 73.020
                          of the Common Customs Tariff
                                  Proposal for a
                                    (^SC ) OF THE COUNCIL
      on the opening, allocation and administration of a Community
   tariff quota for ferro-silico-manganese falling within subheading
                  No 73.02D of the Common Customs Tariff -
                                  Proposal for a
                     REGULATION (EEC ^ OF THE COUNCIL
                            ■ ..             w *
                                                                                  . ■
      on the opening, allocation and administration of a Community
   tariff quota for ferro-chromium containing 10%> by weight or less of
      carbon and not less than 30% and not exceeding 90% inclusive
   by weight of chromium ( super-refined ferro-chromium ) falling within
        subheading Ho ex 73.02 E I of the Common Customs Tariff
                (submitted by the Commission to the Council )
     COM(74 ) 944 final
 ---pagebreak---                                   EXPLANATORY M3M0RAOTM
1 . At the latest multilateral negotiations with GATT the Community undertook
    to open annually nil duty Community tariff quotas for the following
    industrial products :
         (a)    ex 32^01 D               Tanning extracts of eucalyptus
         (b )       48."01 A             Newsprint
         (c)    ex 50»C9                 Handwoven fabrics of silk or of waste
                                         silk other than noil
         (d )   ex 54-03 . B I aT        Certain unbleached flax yarns
         (e)    ex 55-09                 Handwoven fabrics of cotton
         (f ) miscellaneous              Certain handicraft products (handicrafts )
         ( g)  73.-02 C                  Ferro~silicon
         (h)  73.02 'D                   Ferro-silico-manganese
         ( i)  ex "73.02 E I             Super-refined ferro-chromium
         (j)  76.-01 A                   Umrrought aluminium
         (k)  77.01 A                    Unwrought magnesium
2 . It had already been decided to replace the Community tariff quotas for
    tanning extracts of eucalyptus and certain flax yarns (which had never
    been completely used up to then) for 1972 by a partial suspension of the
    customs duty.     It was for this reason that those two products were
    separated from the industrial products covered by this memorandum .       They
    will eventually be added to the list of products in respect of which the
    duties shall be totally or partially suspended .
    The decision taken in 1970 in respect of aluminium (Regulation (EEC )
    No 2636/70 of 22 December 1969 - OJ No L 283 , 29 December 1970 ) concluding
    the negotiations under Article XXVIII , 1 of the GATT replaced the Community
    tariff quota by reducing the Common Customs Tariff duty from 9f° "to Tp,
    Since then the Community has no longer been obliged to open annually the
    tariff quota of 130 000 metric tons that it had previously fixed .
    The proposals on quotas for newsprint , handwoven fabrics of silk or waste
    silk other than noil , handicraft products (handicrafts ) and unwrought
    magnesium will be treated separately .     The proposals for Regulations
    annexed hereto relate only to Community tariff quotas to be opened for
    1975      "the products under letters ( g). (h ) and ( i ) of figure 1 above
 ---pagebreak---    ana to "be allocated among all the Member States .
3, The Commission proposals for the three ferro-alloys are "based laregly
   on those for the same products for preceding years in the sense that the
   shares are allocated in accordance with the rules regularly followed *
   (calculated "by reference to prior statistics and forecasts for 1975)* The
   proposed rules of administration differ somewhat from those at present in
   foroe in that to ensure the uniform application of the Common Customs
   Tariff it is proposed that a -reserve be set up for both ferro-silicon and
   super-refined ferro–chromium .
 ---pagebreak---                                                           ANIIEX A
                               Proposal for a
                    RECTJL/ITIOIJ <EEC ) OF THE COIBTCIL
         on the opening, allooation and administration of a Community
         tariff quota for ferro-silicon falling within subheading
         No 73.020 of the Common Customs Tariff
TIE: COUNCIL OF THE EUROPEM CCIMJOTTIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof ;
Having regard to the proposal from the Commission;
Whereas , as regards ferro-silicon falling within subheading No 73.02 C ,
the European Economic Community has undertaken to open an annual nil duty
tariff quota of 20 000 metric tons ; whereas the tariff quota concerned
should therefore be opened on 1 January 1975 an& allocated among the
Member States ; whereas the duties to be applied by the   new Member States
within the tariff quota must comply with the relevant provisions of the
Act of Accession ;
Whereas arrangements for the utilization of the Community tariff quota
based on an Allocation among Member States would seem to be consistent with
the Community nature of the quota; whereas , in order that it may correspond
as closely as possible to the actual trend of the market in the product
in question , allocation of the quota 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 period
and to the economic outlook for the quota period in question ;
 ---pagebreak--- Whereas , during the last three years for which statistics are available ,
 the corresponding imports into each of the Member States represented the
following percentages of their total imports of the product in question :
                                                m            1972          mz.
Bénélux                                        20.-85        15.-69        20.-33
Denmark                                         0.31          2.-02         0.-64
Germany                                        49.-77        49.-74        61 ? 60
Prance                                          0.-10         0.-31         0.33
Ireland                                         0.-02         0.-65         0-
Italy                                          13.-55         8?81         10.-67
United Kingdom                                 15.40         22.78          6.44
Whereas , m view of these factors and of market forecasts for ferro-silicon
for 1975 , the percentage shares in the quota volume can be expressed
roughly as follo-. /s :
Bénélux                   22^07
Denmark                    Oi-65
Germany                   43 . 69
Prance                     0.-28
Ireland                    0."15
Italy                      7.-87
United Kingdom            25.29 ;
Whereas , to take account of future import trends for the products concerned ,
the quota should be divided into two trances , the first being allocated
and the second held as a reserve to cover subsequently the requirements of
Member States which have exhausted their initial share ; whereas , to give
importers some degree of certainty, the first tranche of the quota should
 ---pagebreak---                                          - 3 -
                                                               ANTTEX A
                                                             ■        ft –
     "be fixed at a relatively high level , which could "be $Qffo of the amount
     of the quota;
    Whereas initial shares may "be exhausted at different rates ; whereas to
    avoid disruption of supplies on this account it should he provided that any
    Member State which has almost used up its initial share should draw an
    additional share from the reserve ; whereas each tine its additional share .
    is almost exhausted 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 he 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 position to
    keep account of the extent to which the quotas have been used up and to
    inform the Member States accordingly;
    Whereas if at a given date in the quota period a considerable quantity of
    a Member State 's initial share remains unused it is essential , to prevent
    a part of the quota from remaining unused in one Member State while it
    could be used in others , that such State should return a significant
    proportion thereof to the reserve ;      '                       '
    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 transaction in respect of the administration
    of the shares allocated to that Economic Union may be carried out by any one of
    its members ;
    EA3 ADOPTED THIS REGULATION
                                       Article 1
1 . There shall be opened within the Community for the period 1 January to
    31 December 1975 » i*1 respect of ferro–silicon falling within subheading
    Kb 7-3 - 020 of the Common Customs Tariff , a Community tariff quota of
    20 000 metric tons .
 ---pagebreak---                                             4
                                                                ANNEX A
2.  Imports of the product in question shall not "be counted under this tariff
    quota if they are already free of oust cans duties under other preferential
    tariff treatment applied; "by certain Member States , in particular under
    free trade arrangements .
3.  The Common Customs Tariff duty shall be totally suspended in respoot of
    importations under the above quota . .
4 . The new Member States shall also exempt from duty up to this quota#
                                      Article 2
1.  The Community tariff quota referred to in Article 1 shall be divided
    into two tranches .
2.  A first tranohe of 18 000 metric tons shall be allocated among the
    Member States ; shares , which subject to Article . 5 shall be valid until
    31 December 1 97 5* shall be as follows :.
    Benelux                           3 972 metric tons
    Denmark                             118 metric tons
    Germany                          7 865 metric tons
    Prance                               50 metric tons .
    Ireland                              27 metrio tons
    Italy                             1 416 metrio tons
    United Kingdom                   4 552 metrio tons
3.  The second tranche , of 2 000.. jnetric tons , shall constitute a reserve .
 ---pagebreak---                                         -5 -
                                      Article 3
1 . As soon as a Member State has used 90% or more of its initial share as
    fixed in Article 2(2 ), or of that share minus any portion returned to the
    reserve pursuant to Article 5 » i"t 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 .
2 . As soon a,3 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 extent provided ~in paragraph 1 ,
    draw a third share equal to 5% of its initial share .
3 . A3 soon as 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 provided in paragraph 1 , draw a fourth share equal to the
    third .
    It shall continue in this fashion until - the reserve is exhausted .
4 . By way of derogation from paragraphs 1 to 3 , a Member State 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 so doing.
 ---pagebreak---                                     - 6 -
                                                              ARTZK A
                                                              ■   C –Jil
                                 Artide 4
Additional shares drawn pursuant to Article 3 shall be valid until
31 December 1 97 5 •
                                 Article ^
A Member State which on 1 5 September 1975 has not exhausted its initial
share shall not later than 10 October 1975 return to the reserve any-
unused portion in excess of 2Cffo of the initial amount .   It may return
a greater portion if there are grounds for believing that such portion
may not be used in full .
Member States shall , not later than 10 October 1 97 5 > notify the Commission
of the total quantities of the product in question imported up to and
including 15 September 1975 and charged against the Community quota and
of any portion of their initial shares returned to the reserve .
                                 Article 6
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 eaoh State of the extent to which the reserve has been
used up .
It shall , not later than 15 October 1975f inform the Member States of the
araount still in reserve following any return of shares pursuant to
Article 5 »
It shall ensure that when an amount exhausting the reserve 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 .
 ---pagebreak---                                    •   - 7 -
                                                            .AHMSX A
                                     Article 7
1. Every Member  State shall talce all appropriate measures to ensure that
    shares drawn pursuant to Article 3 are opened in such a way that
    importations may "be charged without interruption against its accumulated
    share of the Community quota.
2. Every Member State shall ensure that importers of the product in question
   established in its territory have free access to the shares allocated
   to it .
3. The extent to which a Member State has used up its share shall be
   determined on the basis of the importations of the products in question
   entered with the customs authorities for home use .
                                   Article 8
   Every Member State shall notify the Commission at regular intervals
   of the importations charged against its share .
   The Member States and the Commission shall cooperate closely to ensure
   that this Regulation is complied with .
                                   Article 10
   This Regulation shall enter into force on 1 January 1975 *
   This Regulation shall be binding in its entirety and directly applicable
   in all Member States .
   Done at Brussels .                                For the Council
                                                     The President
 ---pagebreak---                                                                Am3X B
                                  Proposal for a
                      REGULiLTlOIf (jEFc ) Of TEE COUITCTL
        on the opening, allocation and admini strati on of a Community
        tariff quota for -ferro-silico-manganese falling within
        subheading ITo 73»02D of the Common Custons Tariff
TIB COUNCIL - OF THE EUROPEAN COMITIES ,
Having regard to the . Treaty establishing the European Economic Community,
and in particular Article 113 thereof;
Having regard to the proposal from the Commission;
Whereas , aa regards ferro-silico-aanganese falling within subheading
No 73.02D , the European Economic Community has undertaken to open an
annual nil duty tariff quota of VJ0 000 metric tons from 1969 } whereas
the tariff quota concerned should therefore be opened on 1 January 1975
and allocated, among tho Member States ; whereas the duties to be applied
by the new Member States within the quota must comply with the relevant
provisions of the Act of Accession;
Whereas equal and continuous access to the quota should be ensured, for
all Community importers and the rate of duty for the tariff quota should
be appliod consistently to all imports of the product in question until
the quota is exhausted ; whereas in the light of these principles ,
arrangements for the utilization of the Community tariff quota based on an
allocation among Member States would seem to be consistent with the
Community nature of the quota; whereas , in order that it may correspond
as closely as possible to the actual trend of the market in the product
in question , allocation of the quota 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 period
 ---pagebreak---                                                          ANNEX B
and to "the economic outlook for the quota period in question;
Whereas during the last three years for which statistics are available ,
the corresponding imports into each of the Member States repress ant 3d the
following percentages of their total imports of the product in question :
                                               m          m            222À
Bénélux                                        12.22      10.-80       16.65
Denmark                                         Ο­         Ι .- 69      o-
Germany                                        65.-63     55.-24       62.-59
France                                          0.33       0-.43        0.93
Ireland                                         o~         0.-01        o-
Italy                                          15769      15726        15.-81
United Kingdom                                  6.13      16.57         4.02
Whereas , in view of these factors and of market forecasts for ferro-silico-
manganese for 1975 » "the percentage shares in the quota volume can be
expressed roughly as followss
Bénélux                       18;55
Denmark                        0."30
Germany                       62^33
France                         0i"12
Ireland                        0."52
Italy                         14.-84
United Kingdom                 3*34
Whereas , to teke account of future import trends for the product concerned ,
the quota should "be divided into two tranches , the first tranche being .
 ---pagebreak---                                     - 3 -
                                                          ABKEx B
                                                            £*B*aaDS*H
 allocated and the second held as a, reserve to oover subsequently the
 requirements of Member States which have exhausted their initial share ;
whereas , to give importers sane degree of certainty, the first tranche of
 the quota should "be fixed at a relatively high level which could "be 80%
 of the amount of the quota;
Whereas initial shares may "be exhausted at different rates ; whereas to
avoid disruption of supplies on this account , it should "be provided that
any Member State which has almost used up its initial share should draw
an additional share from the reserve ; whereas each time its additional
share is almost exhausted 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 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 position to
keep account of the extent to which the quota has been used up and to
inform the Member States accordingly;
Whereas if at a given date in the quota period a considerable quantity of
a Member State 's initial share remains unused it is essential , to prevent
a part of the quota from remaining unused in one Member State while it
could be used in others , that such State should return a significant
proportion thereof to the reserve ;
Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands
and the Grand Duchy of Luxembourg arc united within and jointly
represented by the Benelux Economic Union, any transaction in respect of
the administration of the shares allooa+ed to that Economic Union may
be carried out by any one of its members ;
HAS ADOPTED THIS REGULATIONS
 ---pagebreak---                                           «• 4 **
                                                                ΑΜΕΧ Β
                                        Article 1
1.    There shall be opened within the Community for the period 1 January
      to 31 December 1975 » in respect of ferro-silico-manganese falling within
      subheading No 73.02D of the 'Common Customs Tariff , a Community tariff
      quota of 50 000 metric tons ,
2 . - Imports of the products in question shall not he counted under the tariff
      quota if they are already free of customs duties unr'sr other preferential
      tariff treatment applied by certain Member Statea , in particular under
      free trade arrangements .
  1»
3.    The Common Customs Tariff duty shall be totally suspended in respect of
      importations under the above quota .                               1
4.    New Member States shall apply in respect of importations within the
      quota duties calculated in accordance with the relevant provisions of the
      Act of Accession .
                                        Article 2
1,    A first trancho of 40 000 metric tons of this quota shall be allocated
      among the Member States ; shares , which subject to Article 5 shall be
      valid until 31 December 1975 shall be as follows :
      Benelux ;                 7 420 metric tons
      Denmark                   -  119 metric tons
      Germany                 24 930 metrio tons
      Prance                        5^ Petri o tons     •
      Ireland                      208 metrio tons  '
      Italy                      5 938 metrio tons
      United Kingdom            1 335 metric tons
 ---pagebreak---                                          - 5 -
                                                                AMEK B
 2.  The second tranche , of 10 000 metric tons , shall constitute a reserve .
                                      Article 3
1 . As soon as a Member State has used JCffc or more of its initial share as
    fixed in Article 2(l ), cr of that share minus any portion returned to
    the reserve pursuant to Article 5,       shall forthwith , by notifying
    the Commission, draw a second share , to the extent that the reserve so
    permits , equal to 10p/o of its initial share .
2 . As soon as a Member State , after exhausting its initial share , has used
    9Cffo 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 3% of its initial share .
3 . As soon as a Member State } after exhausting its second share , has used
    $Cffo or more of the third share drawn by it , that Member State shall ,
    in the manner and to the -extent provided in paragraph 1 , draw a fourth
    share equal to the third .
    It shall continue in this fashion until the reserve is exhausted .
4 . By way of derogation from paragraphs 1 to 3 f s. Member State may draw
    shares lower than those specified in those paragraphs if there are grounds
    for believing that those specified may not be used in full . Any Member
    State applying this paragraph shall inform the Commission of its grounds
    for so doing.
 ---pagebreak---                                   - 6 -
                                                            A'TI-TEX B
                                Article A         ;
Mditional shares drawn pursuant to Article 3 shall "be valid until
31 December 1 97 5 •
                                Article 5
A Member State which on 1 5 September 1975 has not exhausted its initial share
shall not later than 10 October 1975 return to "the reserve any unused
portion in excess of 20$ of the initial amount .    It may return a greater
portion if there are grounds for believing that such portion may not be
used in full .
Member States shall , not later than 10 October 1 97 5 » notify the Commission
of the total quantities of the product in question imported up to and
including 15 September 1975 ?-nd charged against the Community quota
and of any portion of their initial shares returned to the reserve .
                                Article 6
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 reserve has
been used up .
It shall , not later than 15 October 1975 » inform the Member States of the
amount still in reserve following any return of shares pursuant to
Article 5 »
It shall ensure that when an amount exhausting the reserve 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 .
 ---pagebreak---                                     - 7 -
                                                             ATOTSX B
                                                             ■ ■ iisj i çi ■■ IIQ–im
                                   Article 7
1. Every Member State shall take all".appropriate measures to ensure that shares
   drawn pursuant to Article 3 are opened in such a way that importations
   nay be charged without interruption against its accumulated share of
   the Community quota .
2. Every Member State Bhall ensure that importers of the produot in question
   established in its territory have free access to the shares allocated
   to it .
3. Every Member State shall charge importations of the product in question
   against its share as and -when the product is entered with the customs
   authorities for home use .
4. The extent to which a Member State has used up its share shall be
   determined on the basis of the importations against that share in
   accordance with paragraph 3 *
                                   Article 8
   Every Member State shall notify the Commission at regular intervals of the
   importations charged against its share .
                                   Article 9
   The Member States and the Commission shall cooperate closely to ensure
   that this Regulation is conrolied with .
                                   Article 10
   This Regulation shall enter into force on 1 January 1975 *
   This Regulation shall be binding in its entirety and directly applicable
   in all Member States ,
   Done at Brussels ,                             For the Council
                                                  The President
 ---pagebreak---                                                        ANNEX C
                                Proposal for a
                    EECTOLftKOff (EEC ) OP THE COUNCIL
          on the opening , allocation and administration of a
          Community tariff quota for ferro-chromium containing
          10%' by weight or less of carbon and not less than 30%
          and not exceeding 90?£ inclusive by weight of chromium
          ( super-refined ferro-chromium ) falling within subheading
          No ex 73«02 E I of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 113 thereof ;
Having regard to the proposal from the Commission ;
Whereas , as regards ferro-chromium containing by weight 10% or less of
carbon and not less than jQP/o but not more than 90/» of chromium
( superrefined ferro-chromium ) falling within subheading No 73«02 E I ,
the European Economic Community has undertaken to open an annual nil
duty tariff quota of 3 000 metric tons ; whereas the tariff quota
concerned should therefore be opened on 1 January 1975 and allocated
among the Member States ; whereas the duties to be applied by the new
Member States within the quota must comply with the relevant provisions
of the Act of Accession ;
Whereas arrangements for the utilization of the Community tariff quota
based on an allocation among Member States would seem to be consistent
with the Community nature of the quota ; whereas , in order that it may
correspond as closely as possible to the actual trend of the market in
the product in question , allocation of the quota 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 period and to the economic outlook for the
quota period in question ;
 ---pagebreak---                                    - 2 -
                                                      ANNEX C
Whereas , during the last three years for which statistics are
available , the corresponding imports into each. of the Member States
represented the following percentages of their total imports of the
product in . question :
                                1971          1972         1973
Bénélux                         1Λ6           1.55         1.38
Denmark                         1Λ3           1.33         0.08
Germany               ,        65.85         77. 621      78.8ο1
Franc e                         2.21          2.08         1.05
Ireland                         0             0.01         0
Italy                          21.51          9-67         9.20
United Kingdom                  7.5^          7.7^         9.^9
 Based on general imports of ferro-chromium .
Whereas , in view of these factors and of market forecasts for ferro-
chromiam for 1975 » the percentage shares in the quota volume can be
expressed roughly as follows :
Bénélux :                9.25               - -
Denmark :                0.29
Germany :               32.75
Franc e :                0. k1
Ireland :                0.0k
Italy :                 28.63
United Kingdom :        28.63
Whereas , to take account of future import trends for the products
concerned , the quota should bQ divided into two tranches , the first
being allocated and the second held as a reserve to cover subsequently
the requirements of Member States which have exhausted their initial
share ;   whereas to give importers some degree of certainty , the first
 ---pagebreak---                                   - 3 -
                                                      ANNEX C
tranche of tho quota should be fixed at a relatively high level which
could be 80?o of the amount of the quota ;
Whereas initial shares may be . exhausted at different rates ; whereas
to avoid disruption of supplies on this account it should be provided
that any Member State which has almost used up its initial share
should draw an additional share from the reserve ; whereas each time
its additional share is almost exhausted 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 until the
end of the quota period ;  this form of administration requires close
collaboration between the Member States and the Commission , and the
Commission must be in a position to keep account of the extent to
which the quota has been used up and to inform the Member States
accordingly ;
Whereas if at a given date in the quota period a considerable quantity
of a Member State 's initial share remains unused it is essential , to
prevent a part of the quota from remaining unused in one Member
State while it could be used in others , that such a State should
return a significant proportion thereof to the reserve ;
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 transaction in . respect
of 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.  There shall be opened within the Community for the period
    1 January to 31 December 197 5 , in respect of ferro-chromium
 ---pagebreak---                                      - 4 -
                                                         ANNEX C
     containing by weight 10% or less of carbon and not less than
     30$ but not more than 90$ of chromium ( superrefined ferro-chromium)
     falling within subheading No 73.02 0 of the Common Customs Tariff ,
     a Community tariff quota of 3 000 metric tons .
2.   Imports of the product in question shall not be counted under this
     tariff quota if they are already free of customs duties under other
     preferential tariff treatment applied by Member States , in particular under
     free trade arrangements .
3.   The Common Customs Tariff duty shall be totally suspended in
     respect of importations under the above quota .
b.   New Member States shall apply in respect of importations within
     the quota duties calculated in accordance with the relevant
     provisions of the Act of Accession .
                                   Article 2
1 .- A first tranche of 2 400 metric tons shall be allocated among the
     Member States } . shares , which subject to Article 5 shall be valid
     from 1 January to 31 December 1975 shall be as follows :
     Bénélux :              222 metric tons
     Denraark :                 7 metric tons
     Germany :              786 metric tons
     France :                  10 metric tons
     Ireland :                  1 metric ton
     Italy :                687 metric tons
     United Kingdom         687 metric tons
 ---pagebreak---                                   - 5 -
                                                        ANNEX C
2.  The second tranche > of 600 metric tons , shall constitute a
    reserve .
                                Article 3
1.  As soon as a Member State has used 90% or more of its initial
    share as fixed in Article 2(1 ) , or of that share minus any
    portion returned to the reserve pursuant to Article         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 .
2.  As soon as 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 extent provided
    in paragraph 1 , draw a .third share equal to 5% of its initial
    share .
    As soon as 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 provided in
    paragraph 1 , draw a fourth share equal to the thi±*d .
    It shall continue in this fashion until the reserve is exhausted .
4 . By . way of derogation from paragraphs 1 to 3 , a Member State 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 so-doing .          -
 ---pagebreak---                                                         ANNEX C
                                 Article k
Additional shares drawn pursuant to Article 3 shall be valid until
31 December 1975 .
                                 Article 5
A Member State which on 15 September 1975 has not exhausted its
initial share shall not later than 10 October 1975 return to the
reserve any unused portion in excess of 20$ of the initial amount .
It may return a greater portion if there are grounds for believing
that such portion may not be used in full .
Member States shall , not - later than 10 October 1975 » notify the
Commission of the total quantities of the product in question imported
up to and including 15 September 1975 and charged against the
Community quota and of any portion of their initial shares returned
to the reserve .
                                 Article 6
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
reserve has been used up .                  '
It shall , not later than 15 October 1975 » inform the Member States
of the amount still in reserve following any return of shares pursuant
to Article 5 »
It shall . ensure that when an amount exhausting the reserve 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 .
 ---pagebreak---                                                             ANNEX C
                                 Article 7
1.  Every Member State shall take all appropriate measures to ensure
    that shares drawn pursuant to Article 3 are opened in such a way
    that importations may be charged without interruption against its
    accumulated share of the Community quota .
2.  Every Member State shall ensure that importers of the product in
    question established in its territory have free access to the
    shares allocated to it .
3.  The extent to which a Member State has used up its share shall be
    determined on the basis of the importations of the products in
    question entered with the customs authorities for home use .
                                 Article 8
Every Member State shall notify the Commission at regular intervals
of the importations charged against its share .
                                 Article 9
The Member States suid 1;he Coimniooioii ohexll xrooptfrat©' Closely to cneuro
that this Regulation is complied with .
                                 Article 10
This Regulation shall enter into force on 1 January 1975 *
This Regulation shall be binding in its entirety and directly
applicable in all Member States .
Done at Brussels ,                                      For the Council
                                                        The President   ^