CELEX: 51988PC0558
Language: en
Date: 1988-10-17
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for ferro-silicon (1989)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for ferro-silico-manganese (1989)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for ferro-chromium containing not more than 0.10 % by weight of carbon and more than 30 % but not more than 90 % by weight of chromium (super-refined ferro-chromium) (1989)#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 558
Vol. 1988/0190
 ---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) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, 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 ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
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 last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, 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 or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
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), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM ( 88 ) 558  final
                                               Brussels , 17 October 1988
                                Proposal for a
                           COUNCIL REGULATION ( EEC )
     opening , allocating and providing for the administration of a
            Community tariff quota for ferro-silicon ( 1989 )
                                Proposal for a
                           COUNCIL REGULATION ( EEC )
     opening , allocating and providing for the administration of a
           Community tariff quota for ferro-silico-manganese
                                      ( 1989 )
                                Proposal for a
                           COUNCIL REGULATION (EEC )
     opening , allocating and providing for the administration of a
     Community tariff quota for ferro-chromium containing not more
       than 0.10 % by weight of carbon and more than 30 % but not
          more than 90 % by weight of chromium ( super-refined
              ferro-chromium) ( 1989 )
                       ( presented by the Commission )
                                   17
                                A %
 ---pagebreak---                                                         k      55?
                   EXPLANATORY MEMORANDUM
As part of the multilateral negotiations within GATT the
Community undertook to open the Cbiimunity duty-free tariff quotas
each year for the three following ferro-alloys :
                       Ferro-silicon             20,000 tonnes
                       Ferro-silico-manganese    50, 000 tonnes
                       super-refined ferro-       3,000 tonnes
                       chrcrnium
However , since 1 July 1977 , these ferro-alloys have been imported
frcm Portugal duty-free in pursuance of the agreement concluded
with this country. As frcm 1 January 1980 this is also applied
to products from the EFTA countries . These quotas must therefore
be reduced by quantities representing the share of these
countries' Corrmunity imports . The volumes of tnese quotas have
thus been reduced to 12,600 tonnes for ferro-silicon , 18,550
tonnes for ferro-silico-manganese and 2,950 tonnes for
super- refined ferro-chrcmium .
As a result of the entry into force cn 1 January 1988 of the
Ccmbined Nomenclature in place of the Common Customs Tariff, the
quotas must be opened under codes 7202 21 10, 7202 21 90 and 7202
29 00 for ferro-silicon , 7202 30 00 for ferro-silico-manganese
and ex 7202 49 00 for super-fined ferro-chrcmium .
For the first two ferro-alloys , the Commission' s proposals , owing
to the lack of any other valid information , provide for an
allocation of the quotas among the Member States in proportion to
their imports frcm non-member countries which did not benefit
from an equivalent preferential arrangement in 1985 , 1986 and
1987 .
 ---pagebreak---         For the third product , in the absence of representative previous
        figures , the allocation of the quota shares between Member States
        is in proportion to the needs put forward or estimated for the
        quota period .
3.      The proposals for regulations annexed hereto therefore relate to
        the opening , allocation and administration of the following
        Community tariff quotas for 1989 :
        Description      quota      quota     volume        Volume
        of product       volume     duty      of reserve    of initial
                                                            share
Annex A ferro-silicon    12 . 600 t  0 %       2 520 t       10 080 t
Annex B ferro- silico-   18 . 550 t  0 %       3 710 t       14 840 t
        manganese
Annex C super- refined    2 . 950 t  0 %         590 t        2 360 t
        ferro-chrcmium
                                                                       3
 ---pagebreak---                                                                                                          A»QC
                                       COUNCIL REGULATION (EEC) No . . . /88
                 opening, allocating and providing for the administration of a Community tariff quota for
                 ferro-silicon     ( 1989 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        Whereas, during the last three years for which complete
                                                                statistics are available, the corresponding imports into each
                                                                of the Member States represented the following percentages
                                                                of imports of the products in question from third countries
                                                                not benefiting from an equivalent preferential
Having regard to the Treaty establishing the European            arrangement .
Economic Community , and in particular Article 113
thereof,
                                                                            Member States                       1985       1986   1987
Having regard to the proposal from the Commission ,             Benelux                                         8,92      23,57   16,19
                                                                Denmark                                         0           0      n
                                                                Germany                                        65,17      64,36   55,25
Whereas, as regards ferro-silicon , the European Economic       Greece                                          0,13       0,84    0,29
Community has undertaken to open an annual duty-free            Spain                                           0,87       2,25    4,90
Community tariff quota of 20 000 tonnes; whereas this
                                                                France                                          0,51       0,41    0,44
                                                                 Ireland                                        0           0      0
should , however, be reduced to 12 600 tonnes to take            Italy                                         15,92        1,15  13,50
account of the traditional imports from EFTA countries           Portugal                                       0,19       0,12
which are free of customs duty under the Agreements              United Kingdom                                  8,29       7,31   9,39
concluded with those countries , and also the obligations
entered into in relation to a third country which has the
right of the previous negotiator for this quota volume;
whereas the quota concerned should therefore be opened           Whereas, in view of these factors and of market forecasts
on 1 January 198 9 and allocated among the Member                for ferro-silicon for 1989 , the initial percentage shares of
States ;                                                         the quota volume can be expressed approximately as
                                                                 follows:
                                                                         Benelux                                    17,38
                                                                         Denmark                                     0,01
                                                                         Germany                                    59,52
                                                                         Greece                                      0,44
                                                                         Spain                                       3,48
                                                                         France                                      0,44
                                                                         Ireland                                     0,01
                                                                         Italy                                      10,05
                                                                         Portugal                                    0,08
                                                                         United Kingdom                              8,58.
                                                                 Whereas, to take account of future import trends for the
                                                                 product concerned, the quota volume should be divided
                                                                 into two parts, the first being allocated among Member
Whereas equal and continuous access to the quota should           States and the second held as a reserve to cover the
be ensured for all importers and the rate of duty for the        subsequent requirements of Member States which have
tariff quota should be applied consistently to all imports        used up their initial share; whereas, to give importers some
until the quota is used up ; whereas arrangements for the         degree of certainty, the first parts of the tariff quota should
utilization of the Community tariff quota based on an             be set at a high level , which in this case could be
 allocation among Member States would seem to be                  approximately 80 % of the volume of the quota;
consistent with the Community nature of the quota;
whereas, to correspond as closely as possible to the actual
 market trend in the product in question , allocation of the      Whereas initial shares may be used up at different rates;
 quota should be in proportion to the requirements of the         whereas to avoid any break in the continuity of supplies on
 Member States as calculated by reference to statistics of        this account, it should be provided that any Member State
 imports from third countries during a representative             which has used up its initial share should draw from the
 reference period and to the economic outlook for the quota       reserve amounts corresponding to its actual requirements;
 year in question ;                                               whereas this should be done as many times as the reserve
 ---pagebreak---                                                                                                                        ANNEX I
                                                                 - 2 -
allows ; whereas this form of administration requires close              united within and jointly represented by the Benelux
collaboration    between     the   Member      States   and the          Economic Union , any measure concerning the
Commission , and the latter must be in a position to                     administration of the shares allocated ’o that economic
monitor the extent to which the quotas have been used up                 union may be carried out by any one of its members ,
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                  HAS ADOPTED THIS REGULATION :
remains unused , it is essential that the Member State
concerned should return a significant proportion to the
reserve , in order to prevent a part of the Community quota
                                                                                                     Article 1
remaining unused in one Member State while it could be
used in others ;
                                                                         1 . From 1 January to 31 December 1989, the customs
                                                                         duty applicable to imports of the following product shall be
Whereas , since the Kingdom of Belgium , the Kingdom of                  suspended at the level indicated and within the limits of a
the Netherlands and the Grand Duchy of Luxembourg are                    Community tariff quota as shown herewith :
                  Combined                                                                                    Quota          Rate of
   Order
                nomenclature                                 Description                                     volume           duty
     No
                    code                                                                                    ( tonnes )         (% )
  09.0019       7202 21 10         Ferrosilicon                                                             12 600              0
                7202 21 90
                7202 29 00
Within the limits of this tariff quota , Spain and Portugal                                          Article 3
shall apply duties calculated in accordance with the
relevant provisions in the 1985 Act of Accession .                       If a Member State has used all of its initial share as
                                                                         specified in Article 2 ( 2), or of that share less any portion
                                                                         returned to the reserve pursuant to Article4 , the following
2 . Imports of the product in question may not be charged                provisions shall apply .
against this tariff quota if they are already free of customs
duties under other preferential tariff arrangements .
                                                                         If an importer enters a product covered by this Regulation
                                                                         for free circulation in a Member State, accompanied by a
                            Article 2                                    request for preferential treatment for the said product , and
                                                                         this request is accepted by the customs authorities , the
1 . The Community tariff quota referred to in Article 1                  Member State concerned shall by notifying the
shall be divided into two parts .                                        Commission , draw an amount corresponding to its
                                                                         requirements from the reserve referred to in Article 2 ( 3 ).
2 . A first part of the quota of 10 080 tonnes shall be
allocated among the Member States ; the shares shall ,                   Requests to draw on the reserve together with the date of
subject to Article 4 , be valid from 1 January to                        acceptance of the customs declarations must be forwarded
31 December 198 9and shall be as follows :
                                                                         to the Commission without delay .
                                                   (tonnes)
        Benelux                                    1 752
        Denmark                                          1               Drawings shall be granted by the Commission on the basis
        Germany                                    6 000                 of the date of acceptance of goods for entry into free
        Greece                                                           circulation by the customs authorities of the Member State
                                                       44
        Spain                                         352                concerned , provided a sufficient amount remains in the
                                                                         reserve .
        France                                         44
        Ireland                                          1
        Italy                                      1 013
        Portugal                                        8                If a Member State does not use the quantity drawn , it shall
        United Kingdom                                865                return it to the reserve as soon as possible .
3 . The second part of 2 520 tonnes shall constitute the                 If requests for drawings exceed the amount remaining in
reserve .
                                                                         the reserve , an allocation shall be made pro rata . The
 ---pagebreak---                                                             - 3 -                                          ANNEX I
Member State shall be informed by the Commission                  It shall , not later than 5 October 1989, inform the Member
through the same procedure.                                       States of the amount still in reserve , following any return of
                                                                  shares pursuant to Article 4.
                                                                  It shall ensure that the drawing which exhausts the reserve
                                                                  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 7
                           Article 4
                                                                  1 . Member States shall take all appropriate measures to
Member States shall , not later than 1 October 198 ^ return       ensure that additional drawings of shares pursuant to
to the reserve the unused portion of their initial share          Article 3 are carried out in such a way that imports may be
which , on 15 September 198 9, is in excess of 20 % of the        charged without interruption against their accumulated
initial volume . They may return a greater portion if there       shares of the Community quota .
are grounds for believing that it may not be used in full .
                                                                  2 . Member States shall ensure that importers of the
Member States shall , not later than 1 October 1989, notify       product in question have free access to the shares allocated
                                                                  to them .
the Commission of the total quantities of the product in
question imported up to and including 15 September 1989,
and charged against the Community quota and of any                3 . The extent to which the Member States have used up
portion of their initial shares returned to the reserve .         their shares shall be determined on the basis of the imports
                                                                  of the product in question entered with the customs
                                                                  authorities for free circulation .
                           Article 5
                                                                                               Article 8
Member States may restrict the charging of imports against
their shares to products for certain intended uses . In that      At the Commission’s request , Member States shall inform it
case the Community provisions on the matter shall be              of imports actually charged against their shares .
applied for checking that the product has been used for the
stipulated purpose .
                                                                                              Article 9
                                                                  The Member States and the Commission shall cooperate
                           Article 6                              closely to ensure that this Regulation is complied with .
The Commission shall keep an account of the shares drawn
by the Member States pursuant to Articles 2 and 3 and                                         Article 10
shall , as soon as the information reaches it , inform each
State of the extent to which the reserve has been used up .       This Regulation shall enter into force on 1 January 1989.
                  This Regulation shall be binding in its entirety and direcdy applicable in all Member
                  States .
                  Done at Brussels ,
                                                                                          For the Council
                                                                                           The President
 ---pagebreak---                                                     Proposai for a                                                 AMEX II
                                      COUNCIL REGULATION ( EEC) No . . . /88
                                                     of    .
                 opening, allocating and providing for the administration of a Community tariff quota for
                                                ferro-silico-manganese ( 1989)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         Whereas, during the last three years for which complete
                                                                  statistics are available, the corresponding imports into each
                                                                  of the Member States represented the following percentages
                                                                  of imports of the product in question from third countries,
                                                                  not benefiting from an equivalent preferential
Having regard to the Treaty establishing the European             arrangement :
Economic Community, and in particular Article 113
thereof,
                                                                             Member States                      1985       1986   1987
Having regard to the proposal from the Commission ,               Benelux                                       5,30       0,85   18,13
                                                                  Denmark                                        0         0       0
                                                                  Germany                                      66,53      52,12   48,40
                                                                  Greece                                        0          0,42    0,58
                                                                  Spain                                         0,77      11,50   10,21
Whereas , as regards ferro-silico-manganese, the European         France                                        0,21       0,35    1,21
Economic Community has undertaken to open an annual               Ireland                                       0          0       0
duty-free Community tariff quota of 50 000 tonnes ;               Italy                                        12,72       9,70   11,87
whereas this should however be reduced to 18 550 tonnes           Portugal                                      0          0       0
to take account of the traditional imports from EFTA              United Kingdom                               14,47      17,36    9,60
countries which are free of customs duty under the
Agreements concluded with those countries ; whereas the
tariff quota concerned should therefore be opened on
1 January 1989 and allocated among the Member States;             Whereas , in view of the factors and of market forecasts for
                                                                  ferro-silico-manganese for 1989 the inital percentage
                                                                  shares of the quota volume can be expressed approximately
                                                                  as follows:
                                                                          Benelux                                    12,54
                                                                          Denmark                                     0,01
                                                                          Germany                                    53,26
                                                                          Greece                                      0,41
                                                                          Spain                                       8,67
                                                                          France                                      0,74
                                                                          Ireland                                     0,01
                                                                          Italy                                      11,38
                                                                          Portugal                                    0,01
                                                                          United Kingdom                             12,97
                                                                  Whereas , to take account of future import trends for the
                                                                  product concerned, the quota volume should be divided
Whereas equal and continuous access to the quota should           into two parts , the first being allocated between the
be ensured for all importers and the rate of duty for the         Member States and the second forming a reserve intended
tariff quota should be applied consistently to all imports        to cover the subsequent requirements of Member States
until the quota is used up ; whereas , in the light of the        which have used up their initial share ; whereas, in order to
principles outlined above , arrangements for the utilization      give importers some degree of certainty , the first part of the
of the Community tariff quota based on an allocation              tariff quota should be set at a high level , which in this case
among Member States would seem to be consistent with              should be approximately 8 0 % of the volume of the
the Community nature of the quota ; whereas , in order that       quota ;
it may correspond as closely as possible to the actual
market trends in the product in question , allocation of the
quota should be in proportion to the requirements of the          Whereas initial shares may be used up at different rates;
Member States as calculated by reference to statistical data      whereas , to avoid any break in the continuity of supplies
on imports from third countries during a representative           on this account , it should be provided that any Member
reference period and to the economic prospects for the            State which has used up its initial share should draw from
quota year in question ;                                          the reserve amounts corresponding to its actual
                                                                                                                      3 I
 ---pagebreak---                                                                  - 2 -                                                  ANNEX II
requirements; whereas this should be done as many times                     united within and jointly represented by the Benelux
as the reserve allows; whereas this form of administration                  Economic Union , any measure concerning the
requires close collaboration between the Member States                      administration of the shares allocated to that economic
and the Commission, and the latter must be in a position to                 union may be carried out by any one of its members,
monitor 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                     HAS ADOPTED THIS REGULATION :
remains unused, it is essential that the Member State
concerned should return a significant proportion to the
reserve, in order to avoid a part of the Community quota
                                                                                                      Article 1
remaining unused in one Member State when it could be
used in others ;
                                                                            1 . From 1 January to 31 December 19f9 , the customs
                                                                            duty applicable to imports of the following product shall be
Whereas, since the Kingdom of Belgium, the Kingdom of                       suspended at the level indicated and within the limits of a
the Netherlands and the Grand Duchy of Luxembourg are                       Community tariff quota as shown herewith :
                  Combined                                                                                     Quota            Rate of
    Order        nomenclature                                   Description                                   volume             duty
     No
                    code                                                                                     ( tonnes )          (%)
  09.0021        7202 30 00         Ferro-silico-manganese                                                   18 550               0
Within the limits of this tariff quota , Spain and Portugal                 returned to the reserve pursuant to Article 4 , the following
shall apply duties calculated in accordance with the                        provisions shall apply.
relevant provisions in the 1985 Act of Accession.
2. Imports of the product in question may not be charged
against this tariff quota if they are already free of customs               If an importer enters a product covered by this Regulation
duties under other preferential tariff quota if they are                    for free circulation in a Member State , accompanied by a
already free of customs duties under other preferential                     request for preferential treatment for the said product, and
tariff arrangements .                                                       this request is accepted by the customs authorities, the
                                                                            Member       State  concerned      shall     by notifying the
                                                                             Commission , draw an amount corresponding to its
                              Article 2
                                                                             requirements from the reserve referred to in Article 2 (3 ).
 1 . A first part of 14 840 tonnes shall be allocated among
the Member States; the shares, shall subject to Article 4, be
valid from 1 January to 31 December 1989 and shall be as                    Requests to draw on the reserve together with the date of
follows:                                                                    acceptance of the customs declarations must be forwarded
                                                                            to the Commission without delay .
                                                     (tonnes)
         Benelux                                      1 86T
         Denmark                                           1
         Germany                                      7 904                 Drawings are granted by the Commission on the basis of
         Greece                                          61                 the date of acceptance of goods for entry into free
         Spain                                        1 287                 circulation by the customs authorities of the Member State
         France                                         110                 concerned, provided a sufficient amount remains in the
         Ireland                                           1                reserve .
         Italy                                        1 689
         Portugal                                          1
         United Kingdom                               1 925                 If a Member State does not use the quantity drawn , it shall
                                                                            return it to the reserve as soon as possible.
      The second part of 3 730 tonnes          shall constitute the
 reserve .
                              Article 3                                      If requests for drawings exceed the amount remaining in
                                                                             the reserve, an allocation shall be made pro rata . The
 If a Member State has used all of its initial share as                      Member State shall be informed by the Commission
 specified in Article 2 ( 2), or of that share less any portion              through the same procedure.
                                                                                                                                 r
 ---pagebreak---                                                                         -5-                                             ANNEX II
                                                                    It shall ensure that the drawing which exhausts the reserve
                                                                    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 7
                             Article     4
 Member States shall , not later than 1 October 1989, return        1 . Member States shall take all appropriate measures to
                                                                   ensure that additional drawings of shares pursuant to
to the reserve the unused portion of their initial share
                                                                    Article 3 are carried out in such a way that imports may be
which , on 15 September 198 9, is in excess of 20 % of the          charged without interruption against their accumulated
initial volume. They may return a greater portion if there          shares of the Community quota .
are grounds for believing that it may not be used in full .
Member States shall , not later than 1 October 1989, notify         2 . Member States shall ensure that importers of the
                                                                    product in question have free access to the shares allocated
the Commission of the total quantities of the production in        to them .
question imported up to and including 15 September 1989
and charged against the Community quota and of any
                                                                    3 . Member States shall charge imports of the product in
portion of their initial shares returned to the reserve .
                                                                    question against their shares as and when the product is
                                                                   entered with the customs authorities for free circulation .
                             Article   5                           4 . The extent to which a Member State has used up its
                                                                   shares shall be determined on the basis of the imports
Member States may restrict the charging of imports against         charged in accordance with paragraph 3 .
their shares to products for certain intended uses . In that
case the Community provisions on the matter shall be
applied for checking that the product has been used for the                                   Article 8
stipulated purpose .
                                                                   At the Commission’s request , Member States shall inform it
                                                                   of the imports actually charged against their shares .
                             Article   6
                                                                                              Article 9
The Commission shall keep an account of the shares drawn
by the Member States pursuant to Articles 2 and 3 and              The Member States and the Commission shall cooperate
shall , as soon as the information reaches it , inform each        closely to ensure that this Regulation is complied with .
State of the extent to which the reserve has been used up .
It shall , not later than 5 October 1989, inform the Member                                   Article 10
States of the amount still in reserve , following any return of
shares pursuant to Article 4 .                                     This Regulation shall enter into force on 1 January 1989.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels ,
                                                                                         For the Council
                                                                                           The President
                                                                                                                           ■0
 ---pagebreak---                                                     Proposai for a
                                      COUNCIL REGULATION (EEC) No                                         AMO III
                                                    of
                opening, allocating and providing for the administration of a Community tariff quota for
                ferro-chromium containing not more than 0,10 % by weight of carbon and more than 30 %
                but not more than 90 % by weight of chromium (super-refined ferro-chromium) ( 1989)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       reference period and to the economic outlook for the quota
                                                               year in question ;
Having regard to the Treaty establishing the European
Economic Community and in particular Article 113               Whereas ferro-chromium of this quite specific quality is not
thereof,                                                       singled out in the Member States’ statistical nomenclatures ;
                                                               whereas their corresponding imports from third countries
                                                               not already benefiting from an equivalent preferential
                                                               arrangement could not be detailed in their entirety for the
Having regard to the proposal from the Commission,             abovementioned reference period; whereas, taking into
                                                               account the likely trend of the market in such
                                                               ferro-chromium for 198 9 and in particular the forecasts
                                                               made by the Member States, the initial percentage shares of
Whereas, as regards ferro-chromium containing by weight        the quota volume can be expressed approximately as
not more than 0,10 % of carbon and more than 30 %              follows :
but not more than 90 % of chromium ( super-refined
ferro-chromium), the European Economic Community has
undertaken to open an annual duty-free Community tariff                 Benelux                                     5,80
quota of 3 000 tonnes; whereas this should however, be                  Denmark                                     0,03
reduced to 2 950 tonnes to take account of the traditional              Germany                                   22,03
imports from EFTA countries which are free of customs                   Greece                                      0,03
duty under the Agreements concluded with those countries;               Spain                                      18,33
whereas the tariff quota concerned should therefore be                  France                                    30,83
opened on 1 January 198 9 and allocated among the                       Ireland                                     0,03
Member States ;                                                         Italy                                       8,80
                                                                        Portugal                                    0,88
                                                                        United Kingdom                             13,24
                                                                Whereas, to take account of future import trends for the
                                                                product concerned, the quota should be divided into two
                                                                parts, 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 share; whereas, to give importers some degree of
                                                                certainty, the first part of the tariff quota should be set at a
                                                                high level , which in this case could be approximately 80 %
                                                                of the volume of the quota ;
Whereas equal and continuous access to the quota should
be ensured for all importers and the rate of duty for the       Whereas initial shares may be used up at different rates ;
tariff quota should be applied consistently to all imports      whereas to avoid any break in the continuity of supplies on
until the quota is used up ; whereas arrangements for the       this account it should be provided that any Member State
utilization of the Community tariff quota based on an           which has used up its initial share should draw from the
allocation among Member States would seem to be                 reserve amounts corresponding to its actual requirements ;
consistent with the Community nature of the quota ;             whereas this should be done as many times as the reserve
whereas , to correspond as closely as possible to the actual    allows ; whereas this form of administration requires dose
trend of the market in the product in question , allocation     collaboration between the Member States and the
of the quota should be in proportion to the requirements of     Commission, and the latter must be in a position to
the Member States as calculated by reference to statistics of   monitor the extent to which the quotas have been used up
imports from third countries during a representative            and inform the Member States accordingly;
 ---pagebreak---                                                                                - 2 -                                         ANNEX III
Whereas, if at a given date in the quota period a                             administration of the shares allocated to that economic
considerable quantity of a Member State’s initial share                       union may be carried out by any one of its members,
remains unused , if is essential that the Member State
concerned should return a significant proportion to the
reserve , in order to prevent a part of the Community quota
                                                                              HAS ADOPTED THIS REGULATION :
remaining unused in one Member State while it could be
used in others ;
                                                                                                         Article 1
Whereas , since the Kingdom of Belgium , the Kingdom of                       1 . From 1 January to 31 December 1989 , the customs
the Netherlands and the Grand Duchy of Luxembourg are                         duty applicable to imports of the following product shall be
united within and jointly represented by the Benelux                          suspended at the level indicated and within the limits of a
Economic Union , any measure concerning the                                   Community tariff quota as shown herewith:
                  Combined                                                                                         Quota         Rate of
   Order
                 nomenclature                                     Description                                     volume          duty
     No
                    code                                                                                       ( in tonnes )      m
  09.0023      ex 7202 49 10         Ferro-chromium containing not more than 0,10 % by weight of
               ex 7202 49 50         carbon and more than 30 % but not more than 90 % of chromium
                                     ( super-refined ferro-chromium )                                              2 950           0
Within the limits of this tariff quota , Spain and Portugal                   returned to the reserve pursuant to Article 4 , the following
shall apply duties calculated in accordance with the                          provisions shall apply .
relevant provisions in the 1985 Act of Accession .
                                                                              If an importer enters a product covered by this Regulation
2 . Imports of the product in question may not be charged                     for free circulation in a Member State , accompanied by a
against this tariff quota if they are already free of customs                 request for preferential treatment for the said product , and
duties under other preferential tariff arrangements .                         this request is accepted by the customs authorities , the
                                                                              Member State concerned shall by notifying the Commission
                                                                              draw an amount corresponding to its requirements from
                                                                              the reserve referred to in Article 2 ( 3 ).
                              Article 2
1 . A first part of 2 360tonnes of this Community tariff                      Requests to draw on the reserve together with the date of
quota shall be allocated among the Member States ; the                        acceptance of the customs declarations must be forwarded
shares shall , subject to Article 4, be valid from 1 January to               to the Commission without delay .
31 December 198 9 and shall be as follows :
                                                         (tonnes)             Drawings are granted by the Commission on the basis of
        Benelux                                           137                 the date of acceptance of goods for entry into free
        Denmark                                              r                circulation by the customs authorities of the Member State
        Germany                                           520                 concerned , provided a sufficient amount remains in the
        Greece                                               1                reserve .
        Spain                                             433
        France                                            727
        Ireland                                              1
                                                                              If a Member State does not use the quantity drawn , it shall
        Italy                                             208                 return it to the reserve as soon as possible .
        Portugal                                            20
        United Kingdom                                    312 .
                                                                              If requests for drawings exceed the amount remaining in
                                                                              the reserve , an allocation shall be made pro rata . The
2 . The second part of 590 tonnes shall constitute the                        Member State shall be informed by the Commission
reserve .                                                                     through the same procedure .
                              Article 3
1 . If a Member State has used up all of its initial share as
specified in Article 2 ( 2 ), or of that share less any portion
 ---pagebreak---                                                                - 3 -                                                AWEX III
                             Article 4
                                                                    It shall ensure that the drawing which exhausts the reserve
                                                                    does not exceed the balance available, and to this end shall
 Member States shall , not later than 1 October 198 9, return       notify the amount of that balance to the Member State
 to the reserve the unused portion of their initial share           making the last drawing.
 which , on 15 September 198 9, is in excess of 20 % of the
 initial volume. They may return a greater portion if there
 are grounds for believing that it may not be used in full .                                   Article 7
                                                                    1 . Member States shall take all appropriate measures to
Member States shall , not later than 1 October 1989, notify         ensure that additional drawings of shares pursuant to
the Commission of the total quantities of the product in            Article 3 are carried out in such a way that imports may be
question imported up to and including 15 September 1989 ,           charged without interruption against their accumulated
and charged against the Community quota and of any                  share of the Community quota .
portion of their initial shares returned to the reserve.
                                                                    2. Member States shall ensure that importers of the
                                                                    product in question have free access to the shares allocated
                                                                    to them .
                             Article   5
                                                                    3 . The extent to which the Member States have used up
Member States may restrict the charging of imports against          their shares shall be determined on the basis of imports of
their shares to products for certain intended uses . In that       the products in question entered with the customs
case the Community provisions on the matter shall be                authorities for free circulation .
applied for checking that the product has been used for the
stipulated purpose .                                                                          Article 8
                                                                   At the Commission’s request, Member States shall inform it
                                                                   of the imports actually charged against their shares.
                             Article 6
The Commission shall keep an account of the shares drawn                                      Article 9
by the Member States pursuant to Articles 2 and 3 and
shall , as soon as the information reaches it, inform each         The Member States and the Commission shall cooperate
State of the extent to which the reserve has been used up .        closely to ensure that this Regulation is complied with .
It shall , not later than 5 October 1989, inform the Member                                   Article 10
States of the amount still in reserve, following any return of
shares pursuant to Article 4 .                                     This Regulation shall enter into force on 1 January 198 9.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels ,
                                                                                         For the Council
                                                                                           The President
 ---pagebreak---                                                                      E hJ
FICHE FINANCIERE
1.      Ligne budgetaire concernée : Chap . 12 art . 120
2.      Qase juridique : art . 113 du traité
3.      Intitulé de la rresure tarifaire : Proposition de règlement du
        Conseil portant ouverture , répartition et mode de gestion d' un
        contingent tarifaire cotnnunautaire contractuel pour les
        ferro-alliages ( année 1988 )
        - ferrosilicium
        - ferrosiliconanganèse
        - ferrocrirome surraffiné
4.      Objectif : Respect des engagements contractés au 'GATT
5.      Mode de calcul :
        Volumes des contingents : 12 600 tonnes , 13 550 tonnes et 2 950
                                         tonnes
        Droits à appliquer :       0 %
        Droits normal :     S , 2% , 5 , 5% et 8%
6.      Perte de recettes :
                                 Ferrosilicium        Ferrosilico- Ferrochrane
                                                      manganèse
        Valeur d' une tonne               312,4           537,1       604,3
        ( en écus )
        Valeur totale :              10 236 240        9 963 205    1 784 160
        ( en écus )
        Perte ( en écus ) :               634 647        547 975      142 743
                                                  1 325 356
        Par rapport à 1938 , augmentation des pertes de recettes de
        1 325 356 écus - 1 263 312 écus - 62 044 écus
                                                                            *3
 ---pagebreak---                 FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec des enyaganents
contractuels de la Communauté . L' impact découlant de ces concessions a été
oris en considération lors de la prise de décision d' adoption de ces
contingents et il n' aura pas un caractère sérieux sur la compétitivité et
1 ' emploi dans la Communauté .