CELEX: 51980PC0699
Language: en
Date: 1980-11-13
Title: DRAFT COUNCIL REGULATION (EEC) opening, allocating and administering a Community tariff quota for ferro-chromium containing not less than 4% by weight of carbon, falling within subheading ex 73.02 E I of the Common Customs Tariff, and extending the benefit of this quota for certain imports of ferro-chromium containing a quantity of between 3 and 4% by weight of carbon (1981) (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 699
Vol. 1980/0221
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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
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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
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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,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(80)699 final
                                                                                .1
                                                     Brussels . 13th November 1980
                                v
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                           DRAFT COUNCIL REGULATION ( EEC )
      opening, allocating and administering a Community tariff quota
 for ferro-chromium containing not less than 4% by weight of carbon,
        falling within subheading ex 73.02 E I of the Common Customs
 Tariff , and extending the benefit of this quota for certain imports
                 of ferro-chromium containing a quantity of between
                         3 and 4% by weight of carbon (1981 )
                    (presented by the Commission to the Council )
                                   ι
COM ( 80 ) 699 final
 ---pagebreak---                                    EXPLANATORY MEMORANDUM -
The Services of the Commission were called upon to examine , during a
meeting of the Economic Tariff Problems Group on 9 September 1980, .
the question of opening , for 1981 , an autonomous Community tariff quota
for certain qualities of ferro-chromium containing a quantity of 4%
( with a fixed limit of 3% ) or more by weight of carbon ( high carbon ferro
chromium ).      This meeting was followed by a discussion with the users on
22 September 1980 *
During the discussion it transpired that :
a ) at the review carried but at the same period , the economic state of
  ; the Community market in high carbon ferro-chromium appeared to be v      ,
       less favourable than in 1980;
b ) in the Community , the productive capacity in respect of high carbon
      ferro-chromium is markedly underused and , according to forecasts for
    - 1981 , production might be voluntarily reduced in considerable propor­
      tions ; in exchange for dependable outlets inside the Community ;
c ) the very provisional forecasts place the usual particulars for calcu­
      lating the quota at the following approximate levels :
      consumption                        568 620 tonnes
      actual production    . about     ; 133 000 tonnes
      inward processing arrangements     negligible quantity  .
      duty-free imports under the
      terms of other preferential
      systems ( EFTA , Turkey ,
      Zimbabwe )                         118 460 tonnes
      exports to third countries           4 000 tonnes ;
d ) on this basis , import needs from third countries up to the end of
      1981 might reach 300 000 tonnes depending on the extentwhich the
      forecast amounts actually are achieved . .
In these circumstances , taking into account the uncertainties of con­
sumption levels , Community production , the necessary imports from third/
countries , the need to ensure parallel development in the marketing of
Community production and in the obtaining supplies for consumer indus­
tries under favourable conditions , the Commission considers it neces- •
sary to be particularly prudent in fixing the quota volume in order
 ---pagebreak---                                                                                   V ' '"Vît-:
      not to upset the market equilibrium .
      For this purpose , the Commission intends to open for 1981 a nil-duty
      tariff quota , the provisional volume of which , covering the needs for
      the first four months ( i.e. 100 000 tonnes ), might be increased during
      the year to keep in step with the situation .   There>may well be a
      revision by the Economic Tariff Problems Group , at the beginning of the
      year to give effect , ( allowing for the duration of the approval proce­
      dures ) to an increase as from 1 May 1981 .
4 . As usual in such cases , the proposed quota volume has been divided into
      two tranches , the first , corresponding to 80 % of this volume , being . „
      allocated among the Member States in proportion to their anticipated
      imports from third countries , the second , corresponding to the balance
      of the said volume , constituting a Community reserve .    Setting up such
      a reserve can be all the better justified in this case as the quota
      volume is likely to be revised during the year , in order to meet more
    . adequately the actual needs of consumer industries , 1: and as the initial   -
      allocations have not been able to the calculated as'exactly as would
      be wished .                                           ^     .
     The draft Regulation submitted by the Commission, moreover , lays down
      in its article 6 that Member States should be free to restrict the
      benefit of this tariff quota " to products to be used for certain
      purposes ".
 ---pagebreak---                                "             - .       Drdft
                                      . COUNOL REGULATION (EEC) No ...                                                 ;
                                                    of     .....
                opening, allocating and providing for the administration of a Community tariff quota for
                ferro-chromium containing not less than 4% by weight of carbon falling within subheading
                ex 73.02 E I of the Common Customs Tariff arid extending the benefit of this quota to certain;
                imports of ferro-chromium containing a quantity of between 3 and 4 % by weight of
                                                        carbon (198 ij
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                the utilization of the tariff quota based on an allocation
                                                                        . among Member States would seem to be consistent wkh
                                                                          the Community nature of the quota ; whereas, to
  Having regard to the Treaty establishing the European                   correspond as closely as possible to the actual trend in
  Economic Community, and in particular Article 28 ,                      the market in the product in question, allocation of the
  thereof,                                                                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
  Having regard to the draft Regulation submitted by the                  reference period and to the economic outlook for the
 Commission,                                                              quota period in question;
 Whereas, for -ferro-chromium containing not less than                    whereas," however, since the quota is an autonomous
 4% by weight of carton, Community production is to a                     Community tariff quota intended to cover import needs
 variable degree, inadequate and producers are unable to ' ansing in the Community, it may, as an experiment, be
  meet the tota requirements of consumer industries;                      allocated on the basis of the temporary import needs
  whereas it is therefore in the Community s interest to                  from thlrd countries expressed by each of the Member
  suspend totally m respect of this metal the application of              Sutes whi,e assuring a ceftain degree of compensation
  the Common Customs Tanff duty until 31 December ■ for those Member States whlch favour Community
  1981 within a suitable tariff quota; whereas in order to .                   duction when Staining supplies; whereas this system
  avoid (disturbing the equilibrium of the market for this                of aHocation also ensures the uniform appiicatjon of the
  ferro-alloy and to ensure parallel development in sales of              CommonCustomsTariff;
  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 lQO 000                    - 1           >
  tonnes, covering import needs from third countries               ''                     ,              ..                 -  ,  ,
  during the first few months of the year; whereas the                  . Whereas, to take account of fumre import trends for the .
  fixing of this amount, based on conservative estimates,            . . Prod,uct concerned, the quota should be divided into two
  does not preclude future adjustment in line with changes             ■ '"^ments, the first being allocated and the second held
  in the situation; whereas, moreover; Member States / « a resei^e to cove^ subsequently the requirements of
  should be free to authorize charges to be made against                  MeJmber             w,h,ch have used "P ^ir initial shares
  this volume only subject to certain conditions relating to , a"d additional requirements which might arise in the
  use;                                         i            ,             other Member States; whereas, to give importers or the
      '                          -                                  ,. . Member States some degree of certainty, the first
                                                         ' v. -.."        instalment of the tariff quota should be fixed at a
                     ^                                                    relatively high level, which in this case should be 80 00G
  Whereas relatively limited imports of ferro-chromium ~ tonnes*
  containing a quantity of between 3 and 4 % by weight of
  carbon are foreseeable for this quota period; whereas
  provision should be made on a temporary basis for the
  extension of the benefit of the tanff quota in question to               whereas initial shares may be used up at different rates;
  these imports, limiting it however to 20 k of the quota _                whereas to avoid disruption of supplies on this account it
  volume taking account of the existence of Community                      shou,d be provided that any Member State which has
  production;              •       '                                       almost used up its initial share should draw an additional
                                                                           share from the reserve; whereas each time its additional
            -–                              v                 -            share is almost used up a Member State should draw a
   Whereas equal and continuous access to the quota                        further share, and so on as many times as the reserve
    should be ensured for all Community importers and the                  allows; whereas the initial and additional shares should
    rate of duty for the tariff, quota should be applied , be valid until the end of the quota period; whereas this
    consistently to all imports until the quota is exhausted; , form 0f administration requires close collaboration
    whereas in the light of these principles arrangements for              between the Member States and the Commission, which
 ---pagebreak---                                                               - 2
   latter must be in a position to keep- ? ico'.int of the extent                         Germany                 31 832
   to which the quotas have been used ur> and to inform the
   Member Stat»s accordingly ;                                                            Fra£fcece 1 (?                     8
                                                                                                                           464
                                                                                          Ireland
                                                                                                                             8
  Whereas if af a given date in the quota period a                                        Italy                     13     512
   considerable quantity of a Member State s initial share                                United Kingdoml 0 080
   remains unused, it is essential that that Member Stare
   should return a significant proportion to the reserve, in         2.         The second instalment of 20 000 tonnes shall
   order to prevent a part of the Community quota                    constitute the reserve.
   remaining unused in one Member State whilf it could be
  used in others ;
  Whereas, since the Kingdom of Belgium, the Kingdom of
                                                                                                             Article 3
   the Netherlands and the Grand Duchy of Luxembourg
                                                                       i
   are united within and jointly represented by the Benelux
                                                                      1.        If a Member State has used 90% or more of its
   Economic Union, any measure concerning the
   administration of the shares allocated to that economic           initial share as fixed in Article 2 ( 1 ), or of that share
   union may be carried out by any one of its members,               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 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,
                               Article 1
                                                                      that Member State shall forthwith , in the manner and to
                                                                      the extent provided in paragraph 1 , draw a third share
   1.      From 1 January to 31 December 1981 a                       equal
                                                                      equal to     to 55 %
                                                                                         % ofof its
                                                                                                  its initial
                                                                                                        initial share
                                                                                                                 share irounded up as necessary
  Community tariff quota of 100 000 tonnes shall be                   to the
                                                                      to   tj,e nextnext whole
                                                                                           wh0le number.
                                                                                                       number,
  opened       in   the   Community       for    ferro-chromium
  containing not less than 4% by weight of carbon, falling           33 .       jfIf aa Member
                                                                                          Member State    State, after
                                                                                                                    after exhausting its second
  within subheading ex 73.02 E 1 of the Common Customs             • share,
                                                                      sharCi has    has used
                                                                                         used 90%
                                                                                                90% or    Qr more
                                                                                                              mQfe of  of the third shire drawn by
  Tariff.                                                             it, that
                                                                      it,   that Member
                                                                                     Member State   State shall
                                                                                                             shall,, inin the manner and to the
                                                                      extent provided in paragraph 1 , draw a fourth share
  2.       During this period the Member States shall be              equal to
                                                                      equal        to the
                                                                                       the third.
                                                                                            third
  authorized within the 20% limit of the quotas allocated
  to them or which they levy on the reserve in accordance             xhis process
                                                                      This      process shallsha)1 apply
                                                                                                       apply until
                                                                                                                until the
                                                                                                                        th reserve is used up.
  with Articles 2 and 3 to charge against the said tariff
  quota, imports of ferro-chromium containing a quantity              44. By    gy way way of derogation
                                                                                                    derogation from   froi paragraphs 1 to 3 , a
  of between 3 and 4% by weight of carbon.                             Member
                                                                       Member State      State may may draw draw sharessh;      lower than those
                                                                  J specified in those paragraphs if                     i there are grounds for
  3 . Imports of the products in question may not be                   believing
                                                                       believing that   that those
                                                                                              those specified
                                                                                                         specified ma'
                                                                                                                     may not be used in full . Any
  charged against this tariff quota if they are already free .         Member
                                                                       Member State     State applying
                                                                                                applying this  this par
                                                                                                                     paragraph shall inform the
  of customs dunes under other preferential tariff                     Commission
                                                                       Commission of         of its
                                                                                                  its grounds
                                                                                                       grounds for  for tso doing.
  arrangements.
  4.       Within this quota, the customs tariff duty shall be
  totally suspended.                                                                                          .    . ,    .
                                                                                                     \        Article 4 „
          Within the Limits of this tariff quota
Greece shall apply duti ^calculated in ac - Additional
'_                         r i  /                                         I • t        '1^4
                                                                                           shares drawn pursuant to Article 3 shall be
                                                                       valid until 31 December 1981 .
                                                                                               r\         1     4
cordance with the relevant provisions
laid down in the Act of Accession .
                                                                                                              Article 5
                                Article 2
                                                                       Member States shall, not later than 1 October 19                           ,
     1 . A first instalment of 80 000 tonnes of this                   return to the reserve the unused portion of their initial
    Community tariff quota shall be allocated among the                share which, on 15 September 1981 , is in excess of 20 %
     Member States ; the shares , which subject to Article 5           of the initial volume. They may return a greater portion
     'h:ill be vai '.l until 31 December l l)81 , shall bt* as         if there are grounds for believing that it may not he used
     follows :                                                         in full.
                                              ( tonnes)
                   E-nelut                       5 080
                   Denmark                            16
 ---pagebreak---                    ■       ·.                    ν'Λ ■' - 3 -                 '; ' .■               :ν
 Member States shall, not later than 1 October 198 "J                                    . Article 8
 notify the Commission of the total quantities of the
 products in question imported up to and including 15             1.     Member States shall take all appropriate measures
 September 198 -| and charged against the Community               to ensure that additional shares drawn pursuant to
 quota and of any portion of their initial shares returned        Article 3 are opened in such a way that imports may be
 to the reserve. ■   .                                            charged without interruption against their aggregate
                                                                  shares of the Community tariff quota.
                                                                  2. Member States shall ensure that importers of the
                         Article 6                                product in question established in their territory have .
                                                                  free access to the shares allocated to them.
Member States may restrict the product in question
which may be charged against their quota shares to ,              3. The extent to which the Member States have used
products to be used for certain purposes.                         up their shares shall be determined on the basis of
                                                                  imports of the . product in question entered with the"
                                                                  customs authorities for free circulation.
                         Article 7
                                                                                           Article 9
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and            At the Commission's request, the Member States shall
3 and shall, as soon as the information reaches it, inform        inform it of imports charged against their shares.
each State of the extent to which the reserve has been '
used up.
                                                                '                          Article 10
It shall, not later than 5 October 198 1 inform the
Member States of the amounts still in reserve following           The Member States and the Commission shall cooperate
any return of shares pursuant to Article 5.                        closely to ensure that this Regulation is complied with.
It shall ensure that the drawing which exhausts the'
reserve does not exceed the balance available, and to this                                 Article 11           .
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 1981 .
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels,                .      a                                               -     1
                                              . :            '                    For the Council
                                                                                   The President