CELEX: 31985R3676
Language: en
Date: 1985-12-20 00:00:00
Title: Council Regulation (EEC) No 3676/85 of 20 December 1985 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), falling within subheading ex 73.02 E I of the Common Customs Tariff (1986)

30 . 12 . 85                            Official Journal of the European Communities                              No L 354 / 43
                                       COUNCIL REGULATION (EEC ) No 3676 / 85
                                                      of 20 December 1985
              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), falling within
                              subheading ex 73.02 E I of the Common Customs Tariff ( 1986 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                          account the foreseeable evolution of the market in such
                                                                   ferro-chromium for 1986 and in particular the forecasts
                                                                   made by the Member States , the initial percentage shares in
                                                                   the quota volume can be expressed approximately as
                                                                   follows :
Having regard to the Treaty establishing the European
Economic Community and in particular Article 113
thereof,                                                                   Benelux                                  15,93
                                                                           Denmark                                    0,03
                                                                           Germany                                  27,71
                                                                           Greece                                     0,17
Having regard to the proposal from the Commission ,                        France                                   29,10
                                                                           Ireland                                    0,03
                                                                           Italy                                      8,66
Whereas , as regards ferro-chromium containing by weight                   United Kingdom                           18,37
not more than 0,10 % of carbon and more than 30 % but
not more than 90 % of chromium ( super-refined ferro­
chromium), falling within subheading ex 73.02 E I , the            Whereas , to take account of future import trends for the
European Economic Community has undertaken to open                 product concerned , the quota should be divided into two
an annual duty-free tariff quota of 3 000 tonnes; whereas          instalments , the first being allocated between the Member
this should however , be reduced to 2 950 tonnes to take           States and the Community of Ten and the second held as a
account of the traditional imports from EFTA countries             reserve to cover subsequently the requirements of Member
which have been free of customs duty under the                     States which have exhausted their initial share , as well as
Agreements concluded with those countries ; whereas the            the requirement of the new Member States ; whereas , to
tariff quota concerned should therefore be opened on               give importers some degree of certainty , the first instalment
1 January 1986 and allocated among the Member States by            of the tariff quota should be fixed at a high level , which in
providing for Spain's and Portugal's participation as from         this case could be approximately 91 % of the volume of the
1 March 1986 ; whereas this participation can intially be
                                                                   quota ;
confined to the possible application of Article 2 ( 3 );
                                                                   Whereas initial shares may be used up at different rates;
Whereas equal and continuous access to the quota should            whereas to avoid disruption of supplies on this account it
be ensured for all importers and the rate of duty for the          should be provided that any Member State which has
tariff quota should be applied consistently to all imports         almost used up its initial share should draw an additional
until the quota is used up ; whereas arrangements for the          share from the reserve ; whereas each time its additional
utilization of the Community tariff quota based on an              share is almost used up a Member State should draw a
allocation among Member States would seem to be                    further share , and so on as many times as the reserve
consistent with the Community nature of the quota ;                allows ; whereas the initial and additional shares should be
whereas , to correspond as closely as possible to the actual       valid until the end of the quota period ; whereas this form
trend of the market in the product in question , allocation        of administration requires close collaboration between the
of the quota should be in proportion to the requirements of        Member States and the Commission , which latter must be
the Member States as calculated by reference to statistics of      in a position to keep account of the extent to which the
imports from third countries during a representative               quotas have been used up and inform the Member States
reference period and to the economic outlook for the quota         accordingly ;
period in question ;
                                                                   Whereas , if at a given date in the quota period o
Whereas ferro-chromium of this quite specific quality is not       considerable quantity of a Member State's initial share
singled out in the Member States' statistical nomenclatures ;      remains unused , it is essential that that Member State
whereas their corresponding imports from third countries           should return a significant proportion to the reserve , in
not already benefiting from an equivalent preferential             order to prevent a part of the Community quota remaining
arrangement could not be detailed in their entirety for the        unused in one Member State while it could be used in
abovementioned reference period ; whereas , taking into            others ;
 ---pagebreak--- No L 354 / 44                            Official Journal of the European Communities                                  30 . 12 . 85
Whereas , since the Kingdom of Belgium , the Kingdom of                                        Article 3
the Netherlands and the Grand Duchy of Luxembourg are
united within and jointly represented by the Benelux                1 . If a Member State has used 90 % or more of its initial
Economic Union , any measure concerning the                         share as fixed in Article 2 ( 1 ), or of that share minus any
administration of the shares allocated to that economic             portion returned to the reserve pursuant to Articled , it
union may be carried out by any one of its members,                 shall forthwith , by notifying the Commission , draw a
                                                                    second share , to the extent that the reserve so permits ,
                                                                    equal to 10 % of its initial share rounded up as necessary
                                                                    to the next whole number .
HAS ADOPTED THIS REGULATION :
                                                                    2 . If a Member State , after exhausting its initial share , has
                           Article 1                                used 90 % or more of the second share drawn by it, that
                                                                    Member State shall forthwith , in the manner and to the
1 . From 1 January to 31 December 1986 a Community                  extent provided in paragraph 1 , draw a third share equal to
tariff quota of 2 950 tonnes shall be opened in the                 5 % of its initial share rounded up as necessary to the next
Community for ferro-chromium containing by weight not               whole number .
more than 0,10 % of carbon and more than 30 % but not
more than 90 % of chromium ( super-refined ferro­
chromium), falling within subheading ex 73.02 E I of the            3 . If a Member State , after exhausting its second share,
Common Customs Tariff.                                              has used 90 % or more of the third share drawn by it , that
                                                                    Member State shall , in the manner and to the extent
2 . Imports of the product in question may not be charged           provided in paragraph 1 , draw a fourth share equal to the
                                                                    third .
against this tariff quota if they are already free of customs
duties under other preferential tariff arrangements .
                                                                    This process shall apply until the reserve is used up .
 3 . Within this quota , Common Customs Tariff duty shall
be totally suspended .                                              4 . By way of derogation from paragraphs 1 to 3 , a
                                                                    Member State may draw shares lower than those specified
                                                                    in those paragraphs if there are grounds for believing that
4 . Within the limits of this tariff quota , Spain and              those specified may not be used in full . Any Member State
Portugal shall apply duties calculated in accordance with           applying this paragraph shall inform the Commission of its
the relevant provisions in the 1985 Act of Accession .              grounds for so doing.
                            Article 2
                                                                                                Article 4
 1 . A first instalment of 2 700 tonnes of this Community
 tariff quota shall be allocated among the Member States of          Additional shares drawn pursuant to Article 3 shall be valid
 the Community of Ten ; the shares , which subject                  until 31 December 1986 .
 to Article 5 shall be valid from             1    January  to
 31 December 1986 , shall be as follows :
                                                 f tonnes)                                      Article 5
         Benelux                                     430
         Denmark                                        1           Member States shall , not later than 1 October 1986 , return
         Germany                                      748           to the reserve the unused portion of their initial share
         Greece                                         4           which , on 15 September 1986 , is in excess of 20 % of the
         France                                       786           initial volume . They may return a greater portion if there
         Ireland                                        1            are grounds for believing that it may not be used in full .
         Italy                                        234
         United Kingdom                               496
                                                                     Member States shall , not later than 1 October 1986 , notify
 2.    The second instalment of 250 tonnes shall constitute          the Commission of the total quantities of the product in
 the reserve .
                                                                     question imported up to and including 15 September 1986
                                                                     and charged against the Community quota and of any
                                                                     portion of their initial shares returned to the reserve .
 3 . If, from 1 March 1986 , an importer notifies an
 imminent importation of the product in question in Spain
 or Portugal and requests the benefit of the quota , the
 Member State concerned shall inform the Commission and                                         Article 6
 draw an amount corresponding to these requirements to
 the extent that the available balance of the reserve permits        Member States may restrict the charging of imports against
 this .                                                              their shares to products for certain intended uses . In that
 ---pagebreak--- 30 . 12 . 85                              Official Journal of the European Communities                             No L 354 / 45
case the Community provisions on the matter shall be                 without interruption against their aggregate share of the
applied for checking that the product has been used for the          Community quota .
stipulated purpose.
                                                                     2 . Member States shall ensure that importers of the
                                                                     product in question have free access to the shares allocated
                             Article 7                               to them .
The Commission shall keep an account of the shares                   3 . The extent to which the Member States have used up
opened by the Member States pursuant to Articles 2 and 3             their shares shall be determined on the basis of imports of
and shall , as soon as the information reaches it, inform            the products in question entered with the customs
each State of the extent to which the reserve has been used          authorities for free circulation .
up .
It shall , not later than 5 October 1986 , inform the Member                                    Article 9
States of the amount still in reserve, following any return of
shares pursuant to Article 5 .                                       At the Commission's request, Member States shall inform it
                                                                     of the imports actually charged against their shares.
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                                          Article 10
making the last drawing.
                                                                     The Member States and the Commission shall cooperate
                                                                     closely to ensure that this Regulation is complied with .
                             Article 8
1 . Member States shall take all appropriate measures to                                       Article 11
ensure that additional shares drawn pursuant to Article 3
are opened in such a way that imports may be charged                 This Regulation shall enter into force on 1 January 1986 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels , 20 December 1985 .
                                                                                          For the Council
                                                                                            The President
                                                                                              R. KRIEPS