CELEX: 51987PC0554
Language: en
Date: 1987-11-16
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for ferro-silicon, falling within codes 7202 21 10, 7202 21 90 and 7202 29 00 of the Combined Nomenclature 1988#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for ferro-silico-manganese (1988)#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) (1987)#(submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 554
Vol. 1987/0275
 ---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
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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(87 ) 554 final
                                                           Brussels , 16 November 1987
                                   Proposal for a
                             COUNCIL REGULATION ( EEC )
  opening , allocating and providing for the administration of a Community
     tariff quota for ferro-silicon , falling within codes 7202 21 10 ,
         7202 21 90 and 7202 29 00 of the Combined Nomenclature 1988
                                   Proposai for a                              j
                             COUNCIL REGULATION ( EEC )
  opening , allocating and providing for the administration of a Community
                 tariff quota for ferro - silico -manganese ( 1988 )
                                   Proposal for a
                             COUNCIL REGULATION ( EEC )
  opening , allocating and providing for the administration of a Community
    tariff quota for f erro-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 ) ( 1987 )
                          ( submitted by the Commission )
                                                    A
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                                          Sorli Ju Sÿcîvtjridrt
C0M(87 )  554 final                              Ginèrul            A'-î/
 ---pagebreak---                       EXPLANATORY t4EMORAND!JM
1. As part of multilateral negotiations within GATT the Community
   undertook to open Community duty-free tariff quotas each year for
   the following three ferro-alloys :
                          ferro-silicon             20 000 tonnes
                          ferro-silico-manganese    50 000 tonnes
                          super-refined ferro-       3 000 tonnes
                          chranium
   However , since 1 July 1977 , these ferro-alloys have been imported
   from Portugal duty free in pursuance of the agreement concluded
   with that country . As from 1 January 1980 this also applied to
   products from the EFTA countries . The quotas must therefore be
   reduced by quantities representing these countries ’ share of
   Community inports . The volumes of tine 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-chromium .
2. As a result of the entry into force cn 1 January 1988 of the
   Combined 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-refined
   ferro-chrcmium .
   Tine Commission is aware that the transposition of certain tariff
   concessions from the Common Customs Tariff to the Combined
   Nomenclature might raise problems which would need to be settles
   between the interested parties . It therefore reserves the right
   to amend its proposal in the course of the procedure so as to
   adapt it , where appropriate , to requirements .
3. 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 from non-member countries which did not benefit
   from an equivalent preferential arrangement in 1984, 1985 and
    1986 .
 ---pagebreak---                                       3
        For the third product , in the absence of representative previous
        figures , the allocation of the quota shares among Member States
        is in proportion to the needs put forward or estimated for the
        quota period .
4.      The proposals for Regulations annexed hereto therefore relate to
        the opening , allocation and administration of the following
        Cbmmunity tariff quotas for 1988 :
        Description        CMota     Rate of     Volume     Volume of
        of product         volume    duty       of reserve  initial
                                                            allocation
Annex A Ferro-silicon      12 600 t    0 %       1 260 t    11 340 t
Annex B Ferro-silico-      18 550 t    0 %       1 855 t    16 695 t
        manganese
Annex C Super-refined       2 950 t    0 %         295 t     2 655 t
 ---pagebreak---                                               Proposai for
                                      COUNCIL REGULATION (EEC)
                  ODenine allocating and providing for the administration of a Community tariff quota for
                    ferslucon falllgw.thm codes 7202 21 10,. 7202 21 90 and 7202 29 00 of the
                                  Combined Nomenclature ( 1988)
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-silicon ,
               the European Economic Community has
 undertaken to open an annual duty-free Community tariff cpjota of
 20 000 tonnes; whereas this should, however, be reduced
 to 12 600 tonnes to take account of the traditional imports
 from EFTA countries which are          free of customs duty
 under the Agreements 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 on 1 January 1988 and allocated
  among the Member States;
   Whereas the Oonrnunity has adopted , with effect from 1 January 1988, a
   Combined Nomenclature for goods which meets the requirements of both the
   Common Customs Tariff and the Nomenclature of Goods for External Trade
   Statistics of the Corrmunity and Statistics of Trade between Member
   States ; whereas in order to accommodate specific Gomnunity measures , this
   Nomenclature has been expanded into an integrated tariff of the European
   Communities ( TAFUC ); whereas , with effect from the above-mentioned date ,
   the Combined Nomenclature and , where appropriate , the TARIC code numbers
   should be used for the description of the products covered by this
   Regulation ;
   Whereas equal and continuous access to the quota should
   be ensured for all importers and the rate of duty for the
   tariff quota should be applied consistently to all imports
   until the quota is used up; 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, to correspond as closely as possible to the actual
   market trend 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
   year     in question\
 ---pagebreak---                                                               €
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
arrangement :
        Member States                    1984      1985        1986
   Benelux                            12,43       8,92        23,57
   Denmark                              0         0            0
   Germany                            61,12     65,17         64,36
   Greece                               0         0,13         0,84
   Spain                                9,22      0,87         2,25
   France                               4,69      0,51         0,41
   Ireland                             0          0            0
   Italy                                3,25      15,92         1,15
   Portugal                             0,55                   0,12
   United Kingdom                       8,74        8'29       7^31
   Whereas , in view of these factors and of market forecasts
   for ferro-silicon for 198&, the initial percentage shares of
   the quota volume can be expressed approximately as
   follows :
           Benelux                                    17,11
           Denmark                                      0,01
           Germany                                    63,69
           Greece                                        0,45
           Spain                                        3,75
           France                                       1,56
           Ireland                                      0,01
           Italy                                        5,25
           Portugal                                     0,25
           United Kingdom                               7,92
   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 States and the second held as a reserve to cover
   the subsequent          requirements of Member States which
   have used up their initial share ; whereas , to give importers
   some degree of certainty , the first parts            of the tariff
   quota should be set at a high level , which in this case
   could be approximately 90 % of the volume of the quota ;
   Whereas initial shares may be used up at different rates ;          _
   whereas to avoid / '             of supplies on this account it /any break in the continuity
   should be provided that any Member State which has
            used up its initial share should draw from the
    reserve amounts corresponding to its actual requirements;
   whereas this should be done as many times as the reserve
   allows;                                        whereas this form
   of administration requires close collaboration between the
    Member States and the Commission ,          /      latter must be  / and the
    in a position to monitor               the extent to which the
   quotas have been used up and to inform the Member
   States accordingly ;
 ---pagebreak---                                                           é
 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 that the Member State concerned
 should return a significant proportion to the reserve , in
 order to prevent a part of the Community quota remaining
 unused in one Member State while it could be used in
 others ;
 Whereas , since the Kingdom of Belgium the Kingdom of
 the Netherlands and the Grand Duchy of Luxembourg are
 united within and jointly represented by the Benelux
 Economic Union , any measure concerning the
administration of the shares allocated to that economic
union may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION :
                            Article 1
1 . From 1 January to 31 December 198$, the customs duty applicable to
  imports of               _the following product shall be
suspended at the level / within the limi^of a Community indicated and
tariff quota as shown herewith :
                                                                                    Quota       Rate of
     Order             Combined
       No                                                     Description           volume       duty
                       Nomenclature code                                             ( tonnes )  (%)
   09.0019         7202 21 10                   Ferro-silicon                        12 600       0
                   7202 21 90
                   7202 29 00
   Within the limits of this tariff quota , Spain and Portugal
   shall apply duties calculated in accordance with the
   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
   duties under other preferential tariff arrangements .
                              Article 2
    1 . The Community tariff quota referred to in Article 1
    shall be divided into two     parts .
    2 . A first part of the quota/tonnes shall be allocated               of 11 340
    among the Member States ; the shares shall , subject to
    Article 5 ,       be valid from 1 January to 31 December 1988
      ana  shall be as follows :
 ---pagebreak---                                                               T
                                                    ( tonnes-)
         Benelux                                      ■
         Denmark                                            1
         Germany                                         ^23
         Greece
         Spain                                           425
         France                                          177
         Ireland                                            1
         Italy                                           595
         Portugal                                         28
         United Kingdom                                  898
  3 . The second      part of 1 260 tonnes shall constitute
  the reserve .
                             Article 3
  1 . If a Member State has used all                    of its initial  _
  share as    /   in Article 2 ( 2 ), or of that share Less any        / specified
  portion returned to the reserve pursuant to Article 5 ,
 the following provisions shall apply .
If an importer centers a product covered by this Regulation for free
circulation in a Member State , accompanied by a request for preferential
treatment for the said product , and this request is accepted by the
customs autnorities , 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 ).
Requests to draw on the reserve together with the date of acceptance of
the custans declarations must be forwarded to the Comnission without
delay .
Drawings are granted by the Comnission on the basis of the date of
acceptance of goods for entry into free circulation by the customs
authorities of the Member State concerned , provided a sufficient amount
remains in the reserve .
If a Member State does not use the quantity drawn , it shall return it to
the reserve as soon as possible .
If requests for drawings exceed the amount remaining in the reserve , an
allocation shall be made pro rata . Ihe Member State shall be informed by
the Comnission through the same procedure .
                             Article 4
  Additional shares drawn pursuant to Article 3 shall be valid
  until 31 December 1988 .
                             Article 5
  Member States shall , not later than 1 October 198&, return
 to the reserve the unused portion of their initial share
 ---pagebreak---                                                           s
    which , on 15 September 1988 , 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 .
    Member States shall , not later than 1 October 1988, notify
    the Commission of the total quantities of the product in
    question imported up to and including 15 September 1988 ,
    and charged against the Community quota and of any
    portion of their initial shares returned to the reserve .
                               Article 6
    Member States may restrict the charging of imports against
    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
    stipulated purpose .
                               Article 7
   The Commission shall keep an account of the shares
   drawn 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 5 October 1988, inform the Member
   States of the amount still in reserve, following any return of
   shares pursuant to Article 5 .
   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 8
         1 . Member States shall take all appropriate measures to
         ensure that additional /              pursuant to Article 3 I drawings of shares
are carried
         Tied out in such a way that imports may be charged
         without interruption against their /           shares of the /accumulated
         Community quota .
         2 . Member States shall ensure that importers of the
         product in question have free access to the shares allocated
         to them .
         3 . The extent to which the Member States have used up
         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 9
         At the Commission’s request, Member States shall inform it
         of imports actually charged against their shares .
 ---pagebreak---                                   Article 10
         The Member States and the Commission shall cooperate
         closely to ensure that this Regulation is complied with .
                                  A rticle 1 1
         This Regulation shall enter into force on 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in  all Member
States .
Done at Brussels ,
                                                                   For the Council
                                                                    The President
 ---pagebreak---                                                    Proposai for
                                        COUNCIL REGULATION ( EEC )
                  opening, allocating and providing for the administration of a Community tariff quota for
                  ferro- silico-manganese  ( 1988)
 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-silico-manganese,
                          the European Economic Community
 has undertaken to open an annual duty-free Community
 tariff quota of 50 000 tonnes ; whereas this should however
 be reduced to 18 550 tonnes to take account of the
 traditional imports from EFTA 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 1988 and allocated
  among the Member States;
Whereas the Community has adopted , 'vith effect from 1 January 1988, a
Combined Nomenclature for goods which meets the requirements of both the
Cortmon Customs Tariff and the Nomenclature of Goods for External Trade
Statistics of the Corrmunity and Statistics of Trade between Member
States ; whereas in order to accommodate specific Corrmunity measures , this
Nomenclature has been expanded into an integrated tariff of the European
Communities ( TARIC ); whereas , with effect from the above-mentioned date ,
the Combined Nomenclature and , where appropriate , the TARIC code numbers
should be used for the description of the products covered by this
Regulation ;
 ---pagebreak--- Whereas equal and continuous access to the quota should
be ensured for all importers and the rate of duty for the
tariff quota should be applied consistently to all imports
until the quota is used up ; whereas, in the light of the
principles outlined above, 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
market trends 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 statistical data
on imports from third countries during a representative
reference period and to the economic prospects for the
quota year . in question ;
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
arrangement :
        Member States               1984      1985     1986
 Benelux                             2,53     5,30       0,85
 Denmark                             0       0           0
 Germany                            72,51   66,53      52,12
 Greece                              0        0          0,42
 Spain                               0         0,77     11,50
 France                              5,45      0,21      0,35
 Ireland                            0          0         0
 Italy                             11,17    12,72        9,71)
 Portugal                            {ƒ        0         cf
  United Kingdom                     8,34      14,47     17,36
  Whereas , in view of the factors and of market forecasts for
  ferro-silico-manganese for 1988, the initial percentage
  sharesof the quota volume can be expressed approximately
  as follows :
         Benelux                               6,09
         Denmark                               0,01
         Germany                            61,45
         Greece                               0,19
         Spain                                 5,45
          France                               1,55
         Ireland                              0,01
          Italy                             10,96
          Portugal                            0,01
          United Kingdom                    14,28
 ---pagebreak---      Whereas , to take account of future              import trends for the
     product concernée^ the quota volume should be divided
     into two parts,         the first being allocated between the
    Member States and the second forming a reserve intended
    to cover the subsequent requirements of Member States
    which have used up their initial share; whereas , in order 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 should be approximately 90% of the volume of
    the quota ;
    Whereas initial shares may be used up at different rates;
    whereas, to avoid      /        of supplies on this account, it / 'any break in the continuity
    should be provided that any Member State which has
            used up its initial share should draw from the reserve
     amounts corresponding to its actual requirements; whereas
     this snould be done as many times as the reserve allows;
                                              , whereas this form
  of administration requires close collaboration between the                   _
  Member States and the Commission, /               latter must be .          /ancj the
  in a position to 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
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 remaining
unused in one Member State when it could be used in
others ;
Whereas , since the Kingdom of Belgium , the Kingdom of
the Netherlands and the Grand Duchy of Luxembourg are
united within and jointly represented by the Benelux
 Economic       Union ,    any     measure      concerning      the
 administration of the shares allocated to that economic
 union may be carried out by any one of its members ,
 HAS ADOPTED THIS REGULATION :
                             Article 1
 1 . From 1 January to 31 December 1988 , the customs duty applicable to
     imports of           _ the following products shall be _                             _
 suspended at the level / within the limits/ / Community                 / indicated and //of
 tariff quota as shown herewith :
                                                                                         Quota    Rate of duty
                  Combined
 Order No                                                         Description
                  Nomenclature code                                                      vcte>        (%)
  09.0021         7202 30-00                      Ferro-silico-manganese                   18 550      0
                    o  4
 ---pagebreak---   Within the limits of this tariff quota , Spain and Portugal
  shall apply duties calculated in accordance with the
 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
 duties under other preferential tariff arrangements .
                            Article 2
 1 . A first part of 16 695          tonnes
               shall be allocated among the Member States ;
 the shares , shaLL^subject to Article 5 ,        be valid from
 1 January to 31 December 1983 /           be as follows:           /and shall
                                                   (tonnes)
         Benelux                                 1 016
         Denmark                                       1
                                                10 260
        Germany
        Greece                                        31
         Spain                                       910
        France                                       259
         Ireland                                       1
        Italy                                    1 831
        Portugal                                       1
        United Kingdom                           2 385
 2 . The second part of 1 855 tonnes shall constitute
 the reserve .
                            Article 3
 1 . If a Member State has used all                  of its initial
 share as /      in Article 2 ( 2), or of that share less any       / specified
 portion returned to the reserve pursuant to Article 5 ,
the following provisions shall apply .
If an importer centers a product covered by this Regulation for free
circulation in a Member State , accompanied by a request for preferential
treatment for the said product , and 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 ) .
Requests to draw on the reserve together with the date of acceptance of
the customs declarations must be forwarded to the Commission without
delay .
Drawings are granted by the Commission on the basis of the date of
acceptance of goods for entry into free circulation by the customs
authorities of the Member State concerned , provided a sufficient amount
remains in the reserve .
If a Member State does not use time quantity drawn , it shall return it to
the reserve as soon as possible .
 ---pagebreak--- If requests for drawings exceed the amount remaining in the reserve , an
allocation shall be trade pro rata . The Member State shall be informed by
the Conmission through the same procedure .
                             Article 4
 Additional shares drawn pursuant to Article 3 shall be valid
 until 31 December 1988.
                             Article 5
 Member States shall , not later than 1 October 198o, return
 to the reserve the unused portion of their initial share
  which , on 15 September 1988, 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 .
  Member States shall , not later than 1 October 1988 , notify
  the Commission of the total quantities of the production in
 question imported up to and including 15 September 198
 and charged against the Community quota and of any
 portion of their initial shares returned to the reserve .
                             Article 6
 Member States may restrict the charging of imports against
 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
 stipulated purpose .
                             Article 7
 The Commission shall keep an account of the shares
 drawn by the Member States pursuant to Article 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 5 October 1988, inform the Member
 States of the amount still in reserve , following any return of
 shares pursuant to Article 5 .
  It shall ensure that the A - awing 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 8
      1 . Member States shall take all appropriate measures to
      ensure that additional /                pursuant to Article 3 /drawings of shares
      are    /      in such a way that imports may be charged /carried Out
      without interruption against their /            shares of the                /accumulated
      Community quota .
 ---pagebreak---      2. Member States shall ensure that importers of the
     product in question have free access to the shares allocated
     to them .
     3 . Member States shall charge imports of the product in
     question against their shares as and when the product is
     entered with the customs authorities for free circulation .
     4 . The extent to which a Member State has used up its
     shares shall be determined on the basis of the imports
     charged in accordance with paragraph 3 .
                               Article 9
     At the Commission’s request , Member States shall inform it
     of the imports actually charged against their shares.
                              Article 10
     The Member States and the Commission shall cooperate
     closely to ensure that this Regulation is complied with .
                               Article 11
     This Regulation shall enter into force on 1 January 1988-
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels ,
                                                                  For the Council
                                                                    The President
 ---pagebreak---                                                  Proposai for
                                        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)-
                                                    ( 1988)
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
not more than 0,10 % of carbon and more than 30 % but
not more than 90 % of chromium ( super-refined ferro-
chromium ),                                                the
European Economic_Community has undertaken to open                 _
 an annual duty-fr£e/tariff quota of 3 000 tonnes; whereas _/Community
this should however , be reduced to 2 950 tonnes to take
account of the traditional imports from EFTA 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 1988 and allocated among the Member States;
   Whereas the Gorcmunity has adopted , with effect from 1 January 1988, a
   Combined Nomenclature for goods which meets the requirements of both the
   Com non Customs Tariff and the Nomenclature of Goods for External Trade
   Statistics of the Community and Statistics of Trade between Mesnber
   States ; whereas in order to accommodate specific Community measures , this
   Nomenclature has been expanded into an integrated tariff of the European
   Comnunities (TARIC ); whereas , with effect from the above-mentioned date ,
   the Combined Nomenclature and , where appropriate , the TARIC code numbers
   should be used for the description of the products covered by this
   Regulation ;
    Whereas equal and continuous access to the quota should
    be ensured for all importers and the rate of duty for the
    tariff quota should be applied consistently to all imports
    until the quota is used up ; 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, to 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
    year     in question ;
 ---pagebreak---                                                            a
   Whereas ferro-chromium of this quite specific quality is not
   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
above - mentioned reference period ; whereas , taking into
   account the L'iisely Lienu                  the market in such
   ferro-chromium for 1988, and in particular the forecasts
    made by the Member States, the initial percentage shares
    the quota volume can be expressed approximately as
    follows :
            Benelux                                  5,80
            Denmark                                  0,03
            Germany                                22,03
            Greece                                   0,03
            Spain                                  18,33
            France                                 30,83
            Ireland                                  0,03
            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     0f
    the tariff quota should be set at a high level , which in this
    case couid be approximately 90 % of the volume of the
    quota ;
    Whereas initial shares may be used up at different rates ;         _
    whereas to avoid /               of supplies on this account it   /any break in the continuity
    should be provided that any Member State which has
              used up its initial share should draw from the
     reserve amounts corresponding to its actual requirements;
     whereas this should be done as many times as the
     reserve allows;
                                                   whereas this form
      of administration requires close collaboration between the        _
      Member States and the Commission , /             latter must be  /and the
      in a position to monitor              the extent to which the
      quotas have been used up and 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 that the Member State concerned
      should return a significant proportion to the reserve , in
      order to prevent a part of the Community quota remaining
      unused in one Member State while it could be used in
      others ;
 ---pagebreak--- Whereas , since the Kingdom of Belgium , the Kingdom of
the Netherlands and the Grand Duchy of Luxembourg are
united within and jointly represented by the Benelux
Economic Union , any measure concerning the
administration of the shares allocated to that economic
union may be carried out by any one of its members,
    HAS ADOPTED THIS REGULATION :
                              Article 1
     1 . From 1 January to 31 December 1988, the customs duty applicable
    to imports of          _ the following products snail be                   _
    suspended at the level/and within the limit S** Community               ^/ indicated        ** of a
    tariff quota as shown herewith :
                                                                                             Quota
                                                                                                         Rate of
   Order        Combined Nomenclature                          Description                 volume
     No
                                                                                                          duty
                        code                                                                ( in tonnes)   ( %)
 09.0023            ex 72P2 , 49-00             Ferro-chromium containing not more
                                                than 0,10 % by weight of 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
  shall apply duties calculated in accordance with the
  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
 duties under other preferential tariff arrangements .
                             Article 2
  1 . A first rwrt of 2 655          tonnes of this Community
 tariff quota shall be allocated among the Member States ;
 the shares shall , subject to Article 5^ valid from
  1 January to 31 December 1 98S*j shall be as follows:              *j and
                                                   (tonnes)
          Benelux                               154
          Denmark                                   1
          Germany                               585
          Greece                                    1
                                                486
          Spain
          France                                818
          Ireland                                   1
          Italy                                 235
          Portugal                                23
           United Kingdom                       351
  2 . The second part of         295     tonnes shall constitute
  the reserve .
 ---pagebreak---                              Article 3
  1 . If a Member State has used up all               ‘ts 'n‘tial
 share as     ** in Article 2 ( 2), or of that share Less any     ** specified
 portion returned to the reserve pursuant to Articles ,
  the following provisions shall apply .
If an importer centers a product covered by this Regulation for free
circulation in a Member State , accompanied by a request for preferential
treatment for the said product , and this request is accepted by the
cus torts authorities , the Member State concerned shall by notifying the
Gotmission draw an amount corresponding to its requirements from the
reserve referred to in Article 2 ( 3 ).
Requests to draw on the reserve together with the date of acceptance of
the customs declarations must be forwarded to the Contuission without
delay .
Drawings are granted by the Commission on the basis of the date of
acceptance of goods for entry into free circulation by the customs
authorities of tie Member State concerned , provided a sufficient amount
remains in the reserve .
If a Member State does not use the quantity drawi , it shall return it to
the reserve as soon as possible .
If requests for drawings exceed the amount remaining in the reserve , an
allocation shall be made pro rata . The Member State shall be informed by
the Commission through the same procedure .
                              Article 4
   Additional shares drawn pursuant to Article 3 shall be valid
   until 31 December 1988 .
                              Article 5
   Member States shall , not later than 1 October 1988, return
   to the reserve the unused portion of their initial share
   which , on 15 September 1988. 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.
    Member States shall , not later than 1 October 1988, notify
    the Commission of the total quantities of the product in
   question imported up to and including 15 September 1 98S,
   and charged against the Community quota and of any
   portion of their initial shares returned to the reserve .
                              Article 6
   Member States may restrict the charging of imports against
   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
   stipulated purpose.
 ---pagebreak---                              Article 7
 The Commission shall keep an account of the shares
drawn       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 5 October 1983, inform the Member
 States of the amount still in reserve , following any return of
 shares pursuant to Article 5 .
 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 8
 1 . Member States shall take all appropriate measures to
 ensure that additional **                 pursuant to Article 3 ** drawings of shares
are ** in such a way that imports may be charged                      **carried out
without interruption against their /              share of the /accimulated
Community quota .
2 . Member States shall ensure that importers of the
product in question have free access to the shares allocated
to them .
3 . The extent to which the Member States have used up
their shares shall be determined on the basis of imports of
the products in question entered with the customs
authorities for free circulation .
                             Article 9
At the Commission’s request , Member States shall inform it
of the imports actually charged against their shares .
                            Article 10
The Member States and the Commission shall cooperate
closely to ensure that this Regulation is complied with .
                            Article 11
This Regulation shall enter into force on 1 January 198 &
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels ,
                                                                       For the Council
                                                                        The President
 ---pagebreak---                                                                               ч
                                         11
               FICHE D' IMPACT SUR IA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement contractuel
de la Communauté . L' impact découlant de cette concession a été pris en
considération lors de la prise de décision d' adoption de ce contingent et
il n' aura pas un caractère sérieux sur la compétitivité et l' emploi dans la
Corrmunauté .