CELEX: 51982PC0682
Language: en
Date: 1982-10-27
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for ferro-silicon falling within subheading 73.02 C of the Common Customs Tariff (1983)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for a ferro-silico-manganese falling within subheading 73.02 D of the Common Customs Tariff (1983)#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) falling within subheading ex 73.02 E I of the Common Customs Tariff (1983) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 682
Vol. 1982/0213
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                          Α.
                                                           COM(82)682 final
                      --
                                                           Brussels , 27 October 1982
                                     Proposal for a
                                COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of a Community
tariff quota for ferro-si li con falling within subheading 73.02 C of the
                              Common Customs Tariff ( 1983 )
                                     Proposal for a
                                COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of a Community
tariff quota for a ferro-silico-manganese falling within subheading 73.02 D
                         of the Common Customs Tariff ( 1983 )
                                     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 ) falling within subheading ex 73.02 E I of
                           the Common Customs Tariff ( 1983 )
                  ( submitted to the Council by the Commission )
  COM ( 82 ) 682 final
 ---pagebreak---                             EXPLANATORY MEMORANDUM
 As part of the multinational negotiations within GATT the Community
 undertook to open the Community duty-free tariff quotas each year for
 the three following ferro-alloys :
         73.02 C                  ferro-si licon             20,000 tonnes
         73.02 D                  ferro-si lico-manganese    50,000 tonnes
    ex   73.02 E I                super»- ief ined
                                     ferro-chromium           3,000 tonnes
 However , since 1 July 1977, these ferro-alloys have been imported
from Portugal duty free in pursuance of the agreement concluded with
this country . As from 1 January 1980 this also applied to products
from the other EFTA countries . These quotas must therefore be reduced
by quantities representing the share of these countries'Community
imports . The volumes of these quotas have thus been reduced to
11,100 tonnes for ferro-si li con , 18,550 tonnes for ferro-si li co-manganese
and 2,950 tonnes for super-refined ferro-chromium .
The Commission 's proposals regarding the first two ferro-alloys draw
extensively upon those put forward for the same products in previous
years , in that the allocation of the quota shares continues to be in
line with the usual rules ( calculation based on past figures and on
forecasts for 1983 ).
For the third product , in the absence of representative previous figures ,
the allocation of the quota shares between Member States is that adopted
by the Council for the 1982 quota ( in percentages ).
The draft regulations annexed hereto therefore relate to the opening ,
allocation and administration of the following Community tariff
quotas for 1983 :
           Description of   Quota     Quota        Volume of     Volume of
              product       volume    duty           reserve      initial
                                                                   share
Annex A     ferro-si Li con 11,100 t      0%          500 t      10,600 t
Annex B     ferro-si Lieo - 18.550 t      0%          900 t      17,650 t
            manganese
Annex C     super-refined    2,950 t      0%          150 t       2,800 t
             ferro-chromium
 ---pagebreak---                                        - 2 „
4 . The possibility of opening supplementary autonomous tariff quotas for
    the three ferro-alloys mentioned above was considered during a meeting
    of the " Economic Tariff Problems " Group on 10 September 1982 . Because
    of the opposition of certain Member States , based on the existence of
    significant Community sources of supply or sources in certain third
    countries benefiting    from zero duty at importation , and because of
    difficulties experienced by the    production sector , such a step cannot
    be envisaged for 1983 .
 ---pagebreak---                                                         3
                                               Proposal    for a
                                 COUNCIL REGULATION (EEC)
             opening , allocating and providing for the administration of a Community tariff
             quota for ferro-silicon falling within subheading 73.02 C of the Common
                                               Customs Tariff ( 1983 )
THE COUNCIL OF THE EUROPEAN                                imports into each of the Member States represented
COMMUNITIES,                                               the following percentages of total imports of the
                                                           product in question :
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                                          1978       1979      1980
thereof.
                                                           Benelux                         9-26       9-23      7-71
                                                           Denmark                         0-92       0-17      0
Having regard to the proposal from the Commission,         Germany                        46-30      44-06     45-36
                                                           Greece                          0-70       0-45      0-06
                                                           France                          2-34       2-65     13-33
Whereas, as regards ferro-silicon, falling within          Ireland                         0          0         0
subheading 73.02 C, the European Economic Commu­           Italy                          18 04      17-84     15-18
nity has undertaken to open an annual duty-free tariff     United Kingdom                 22-43      25-60     18-36
quota of 20 000 tonnes ; whereas this should however
be reduced to 11 100 tonnes to take account of the
traditional imports from EFTA countries which have
been free of customs duty under the Agreements
concluded with those countries ; whereas the tariff        Whereas, in view of these factors and of market fore­
quota concerned should therefore be opened on 1            casts for ferro-silicon. for 1 9f3., the initial percentage
January 1983 and allocated among the Member                shares in the quota volume can be expressed approxi­
States ;                                                    mately as follows :
                                                                    Bénélux                                   9.65
Whereas equal and continuous access to the quota                    Denmark                                   0.17
should be ensured for all importers and the rate of                 Germany                                  50.11
duty for the tariff quota should be applied consistently            Greece                                    0.21
to all imports until the quota is exhausted ; whereas               France                                    5.10
arrangements for the utilization of the Community                   Ireland                                   0.02
tariff quota based on an allocation among Member                    Italy                                    11.26
States would seem to be consistent with the Commu­                  United Kingdom                           23.48
nity 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            Whereas, to take account of future import trends for
should be in proportion to the requirements of the          the products concerned, the quota should be divided
Member States as calculated by reference to statistics      into two instalments, the first being allocated and the
of imports ffom third countries during a representa­        second held as a reserve to cover subsequently the
tive reference period and to the economic outlook for       requirements of Member States which have used up
the quota period in question ;                              their initial share ; whereas, to give importers some
                                                            degree of certainty, the first instalment of the tariff
                                                            quota should be fixed at a high level, which in this
 Whereas, during the last three years for which             case should be approximately 95 % of the volume of
complete statistics are available, the corresponding        the quota ;
 ---pagebreak--- Whereas initial shares may be used up at different          2.     A first instalment of 10 600 tonnes shall be allo­
rates ; whereas to avoid disruption of supplies on this     cated among the Member States ; the shares, which
account it should be provided that any Member State         subject to Article 5 shall be valid from 1 January to 31
which has almost used up its initial share should draw      December 198 3 shall be as follows :
an additional share from the reserve ; whereas each                                                    (ion nes)
time its additional share is almost used up a Member                 Benelux                      1 . 023
State should draw a further share, and so on as many                 Denmark                           17
times as the reserve allows ; whereas the initial and
                                                                     Germany                      5.312
additional shares should be valid until the end of the                                                 22
                                                                     Greece
quota period ; whereas this form of administration                   France                           541
requires close collaboration between the Member                      Ireland                             2
States and the Commission , which latter must be in a
                                                                     Italy                        1.194
position to keep account of the extent to which the                  United Kingdom
quotas have been used up and to inform the Member                                                 2.489
States accordingly ;
                                                            3.     The second instalment of 500 tonnes shall consti­
                                                            tute the reserve .
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 that Member State
should return a significant proportion to the reserve,
in order to prevent a part of the Community quota                                    Article 3
remaining unused in one Member State while it could
be used in others ;                                          1.     If a Member State has used 90 % or more of its
                                                             initial share as fixed in Article 2 (2), or of that share
Whereas, since the Kingdom of Belgium, the                   minus any portion returned to the reserve pursuant to
 Kingdom of the Netherlands and the Grand Duchy of          Article 5, it shall forthwith, by notifying the Commis­
 Luxembourg are united within and jointly represented        sion , draw a second , share, to the extent that the
by the Benelux Economic Union, any measure                   reserve so permits, equal to 5 % of its initial share
concerning the administration of the shares allocated        rounded up as necessary to the next whole number.
to that economic union may be carried out by any
one of its members,
                                                             2.     If a Member State, after exhausting its initial
                                                             share , has used 90 % or more of the second share
                                                             drawn by it, that Member State shall forthwith, in the
 HAS ADOPTED THIS REGULATION :
                                                             manner and \ to the extent provided in paragraph 1 ,
                                                             draw a third share equal to 2-5 % of its initial share
                                                             rounded up as necessary to the next whole number.
                         Article 1
 1.    From 1 January to 31 December 190 , a                 3.     If a Member State, after exhausing its second
 Community tariff quota of 11 100 tonnes shall be            share, has used 90 % of more of the third share drawn
 opened in the Community for ferro-silicon falling           by it, that Member State shall , in the manner and to
 within subheading 73.02 C of the Common Customs             the extent provided in paragraph 1 , draw a fourth
 Tariff.                                                     share equal to the third.
 2. Imports of the product in question may not be            This process shall apply until the reserve is used up.
 charged against this tariff quota if they are already free
 of customs duties under other preferential tariff arran­
 gements .                                                   4. By way of derogation from paragraphs 1 to 3, a
                                                             Member State may draw shares lower than those speci­
 3.    Within this quota the Common Customs Tariff           fied in those paragraphs if there are grounds for
 duty shall be totally suspended.                            believing that those specified may not be used in full .
                                                             Any Member State applying this paragraph shall
 4.    Within the limits of this tariff quota, Greece        inform the Commission of its grounds for so doing.
 shall apply duties calculated in accordance with the
 relevant provisions in the Act of Accession of 1979.
                                                                                      Article 4
                         Article 2
  1.    The Community tariff quota referred to in             Additional shares drawn pursuant to Article 3 shall be
 Article 1 shall be divided into two instalments .            valid until 31 December IV83
 ---pagebreak---                                                           s
                        Article 5                           this end shall notify the amount of that balance to the
Member States shall , not later than 1 October 198 3        Member State making the last drawing.
return to the reserve the unused portion of their initial
share which, on 15 September 1983, is in excess of                                  Article 8
20 % of the initial volume. They may return a greater
portion if there are grounds for believing that it may      1.    Member States shall        take  all  appropriate
not be used in full .                                       measures to ensure that additional shares drawn
                                                            pursuant to Article 3 are opened in such a way that
Member States shall, not later than 1 October 198 3         imports may be charged without interruption against
notify the Commission of the total quantities of the        their aggregate shares of the Community quota.
product in question imported up to and including 15
September ^S-^and charged against the Community             2.    Member States shall ensure that importers of the
quota and of any portion of their initial shares            product in question                                 have
returned to the reserve .                                   free access to the shares allocated to them'.
                                                            3.    The extent to which the Member States have
                        Article 6                           used up their shares shall be determined on the basis
Member States may "restrict the charging of imports         of the imports of the products in question entered
                                                            with the customs authorities for free circulation .
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                               Article 9
has been used for the stipulated purpose.
                                                            At the Commission s request, Member States shall
                        Article 7                           inform it of imports actually charged against their
                                                            shares.
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2                                 Article 10
and 3 and shall, as soon as the information reaches it,
inform each State of the extent to which the reserve        The Member States and the Commission shall coop­
has been used up.                                           erate closely to ensure that this Regulation is
It shall, not later than 5 October 198 3 inform the         complied with.
Member States of the amount still in reserve,
following any return of shares pursuant to Article 5.                              Article 11
It shall ensure that the drawing which exhausts the         This Regulation shall enter into force on 1 January
reserve does not exceed the balance available, and to       1983 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
              Done at Brussels,
                                                                       For the Council
                                                                         The President
 ---pagebreak---                                                          6
                                     Proposal for a
                                  COUNCIL REGULATION (EEC)
              opening, allocating and providing for the administration of a Community tariff
              quota for ferro-silico-manganese falling within subheading 73.02 D of the
                                         Common Customs Tariff ( 1983
COMMUNITIES ,                                                                            1978      1979      1980
                                                           Benelux                        0-52      0-82     6-44
Having regard to the Treaty establishing the European      Denmark                        0         0         0
Economic Community, and in particular Article 1 13         Germany                      67-22     68-67     58-83
thereof,                                                   Greece                         808       543       5-86
                                                           France                         006       3-89      4-47
                                                           Ireland                        0         0         0
                                                           Italy                         12-52    14-37     13-77
Having regard to the proposal from the Commission,         United Kingdom                11-60      6-82    10-63
Whereas, as regards ferro-silico-manganese, falling
within subheading 73.02 D, the European Economic           Whereas, in view of these factors and of market fore­
Community has undertaken to open an annual duty-           casts for ferro-silico-manganese for 198 2; the initial
free Community tariff quota of 50 000 tonnes ;             percentage shares in the quota volume can be
whereas this should however be reduced to 18 550           expressed approximately as follows :
tonnes to take account of the traditional imports from
EFTA countries which have been free of customs duty
under the Agreements concluded with those coun­                     Benelux                      3.98
tries ; whereas the tariff quota concerned should there­            Denmark                      0.01
fore be opened on 1 January 198 3 and allocated                    Germany                      64.68
                                                                   Greece
among the Member States ;
                                                                    France ,
                                                                    Ireland                      0.02
                                                                    Italy                       12.01
                                                                    United Kingdom              12.97
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    Whereas, to take account of future trends in imports
the light of the principles outlined above, arrange­       of the product in question, the quota should be
ments for the utilization of the Community tariff          divided into two instalments, the first being allocated
quota based on an allocation among Member States           and the second forming a reserve intended to cover
would seem to be consistent with the Community             any subsequent requirements to Member States which
nature of the quota ; whereas, in order that it may        have used up their initial share ; whereas, in order to
correspond as closely as possible to the actual market     give importers some degree of certainty, the first instal­
trends in the product in question, allocation of the       ment of the tariff quota should be fixed at a high
quota should be in proportion to the requirements of       level, which in this case should be approximately
the Member States as calculated by reference to statis­    95 % of the volume of the quota ;
tical data on imports from third countries during a
representative reference period and to the economic
prospects for the quota period in question ;
                                                           Whereas initial shares may be used up at different
                                                           rates ; whereas, to avoid disruption of supplies on this
                                                           account, it should be provided that any Member State
Whereas, during the last three years for which             which has almost used up its initial share should draw
complete statistics are available, the corresponding       an additional share from the reserve ; whereas each
 imports into each of the Member States represented        time its additional share is almost used up a Member
the following percentages of the total imports of the      State should draw a further share, and so on as many
 product in question :                                     times as the reserve allows ; whereas the initial and
 ---pagebreak---     additional shares should be valid until the end of the
    quota period ; whereas this form of administration                                                   (tonnes)
                                                                         Bénélux                           702
    requires close collaboration between the Member
                                                                         Denmark                              2
    States and the Commission, which latter must be in a
    position to keep account of the extent to which the                  Germany                        11.416
                                                                         Greece                             732
    quotas have been used up and to inform the Member                    France
    States accordingly ;                                                                                    385
                                                                         Ireland                                4
                                                                         Italy                           2.120
   Whereas, if at a given date in the quota period a                     United Kingdom                  2.289
   considerable quantity of a Member State's initial share
   remains unused, it is essential that that Member State      2.      The second instalment of 900 tonnes shall consti­
   should return a significant proportion to the reserve,      tute 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 ;
                                                                                        Article 3
   Whereas, since the Kingdom of Belgium, the                          If a Member State has used 90 °/o or more of its
   Kingdom of the Netherlands and the Grand Duchy of          initial share as fixed in Article 2(1 ), or of that share
   Luxembourg are united within and jointly represented       minus any portion returned to the reserve pursuant to
  by the Benelux Economic Union, any measure                  Article 5, it shall forthwith, by notifying the Commis­
  concerning the administration of the shares allocated       sion, draw a second share, to the extent that the
  to that economic union may be carried out by any            reserve so permits, equal to 10 % of its initial share
  one of its members,
                                                              rounded up as necessary to the next whole number.
                                                              2.     If a Member State, after exhausting its initial
                                                              share, has used 90 % or more of the second share
  HAS ADOPTED THIS REGULATION :                              drawn by it, that Member State shall forthwith, in the
                                                              manner and to the extent provided in paragraph 1 ,
                                                             draw a third share equal to 5 % of its initial share
                                                             rounded up as necessary to the next whole number.
                         Article 1
                                                             3.     If a Member State, after exhausting its second
  1.     From 1 January to 31 December 198 3 a               share, has used 90 % or more of the third share drawn
 Community tariff quota of 18 550 tonnes shall be            by it, that Member State shall, in the manner and to
 opened in the Community for ferro-silico- manganese         the extent provided in paragraph 1 , draw a fourth
 falling within subheading 73.02 D of the Common            share equal to the third.
 Customs Tariff.
                                                            This process shall apply until the reserve is used up.
 2.     Imports of the product in question may not be
 charged against this tarriff quota if they are already     4.     By way of derogation from paragraphs 1 to 3, a
 free of customs duties under other preferential tariff     Member State may draw shares lower than those speci­
 arrangements .                                             fied in those paragraphs if there are grounds for
                                                            believing that those specified may not be used in full.
 3.     Within this quota the Common Customs Tariff         Any Member State applying this paragraph shall
duty shall be totally suspended.                            inform the Commission of its grounds for so doing.
4.      Within the limits of this tariff quota, Greece               >                Article 4
shall apply duties calculated in accordance with the
relevant provisions in the Act of Accession of 1979.
                                                           Additional shares drawn pursuant to Article 3 shall be
                                                           valid until 31 December 198 3
                         Article 2
                                                                                      Article 5
1.     A first instalment of 17 650 tonnes of this
Community tariff quota shall be allocated among the        Member States shall, not later than 1 October 198 3
Member States ; the shares, which subject to Article 5     return to the reserve the unused portion of their initial
shall be valid from 1 January to 31 December 198 3         share which , on 15 September 1983 is in excess of
shall be as follows :
                                                           20 % of the initial volume. They may return a greater
 ---pagebreak---                                                              y
portion of there are grounds tor believing that it may         pursuant to Article 3 are opened in such a way that
not be used in full .                                          imports may be charged without interruption against
Member States shall , not later than 1 October 198 3
                                                               their aggregate shares of the Community quota.
notify the Commission of the total quantities of the
product in question imported up to and including 15            2.    Member States shall ensure that importers of the
                                                               product in question                               have
September 198 3 and charged against the Community              free access to the shares allocated to them .
quota and of any portion of their initial shares
returned to the reserve .
                                                               3.    Member States shall charge imports of the
                          Article 6                            product in question against their shares as and when
                                                               the product is entered with the customs authorities for
Member States may restrict the charging of imports             free circulation .
against their shares to products for certain intended
uses. In that case the Community provisions on the             4.    The extent to which a Member State has used up
matter shall be applied for checking that the product          its shares shall be determined on the basis of the
has been used for the stipulated purpose.                      imports charged in accordance with paragraph 3 .
                          Article 7
                                                                                       Article 9
The Commission shall keep an account of the shares
opened by the Member States pursuant to Article 2
and 3 and shall , as soon as the information reaches it,       At the Commission s request, Member States shall
inform each State of the extent to which the reserve           inform it of the imports actually charged against their
                                                               shares .
has been used up .
It shall , not later than 5 October 198 3 inform the
Member States of the amount still in reserve,                                         Article 10
following any return of shares pursuant to Article 5.
It shall ensure that the drawing which exhausts the            The Member States and the Commission shall coop­
reserve does not exceed the balance available, and to          erate closely to ensure that this Regulation is
this end shall notify the amount of that balance to the        complied with .
Member State making the last drawing.
                                                                                      Article 11
                          Article 8
1.    Member       States  shall   take    all    appropriate  This Regulation shall enter into force on 1 January
measures    to   ensure   that   additional    shares  drawn   1983 .-
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels,
                                                                           For the Council
                                                                             The President
 ---pagebreak---                                               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 010 % 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 ( 198 3
THE COUNCIL OF THE EUROPEAN                                able evolution of the market in such ferro-chromium
COMMUNITIES,                                                for the year 198 3 and in particular the forecasts made
                                                            by the Member States, the initial percentage shares in
                                                            the quota volume can be expressed approximately as
Having regard to the Treaty establishing the European       follows :
Economic Community, and in particular Article 113
thereof,
                                                                                                         (tonnes)
                                                                     Benelux                            15-93
Having regard to the proposal from the Commission,                   Denmark                             003
                                                                     Germany                            27-71
                                                                     Greece                              017
Whereas, as regards ferro-chromium containing by                     France                             2910
weight not more than 0-10 % of carbon and more                       Ireland                             0-03
than 30 % but not more than 90 % of chromium
                                                                     Italy                               8-66
(super-refined     ferro-chromium),     falling   within             United Kingdom                     18-37
subheading 73.02 E I, the European Economic
Community has undertaken to open an annual duty-
free tariff quota of 3 000 tonnes ; whereas this should,
however, be reduced to 2 950 tonnes to take account         Whereas, to take account of future import trends for
of the traditonal imports from EFTA countries which         the products concerned, the quota should be divided
have been free of customs duty under the Agreements         into two instalments, the first being allocated and the
concluded with those countries ; whereas the tariff         second held as a reserve to cover subsequently the
                                                            requirements of Member States which have exhausted
quota concerned should therefore be opened on 1
January 198 3 and allocated among the Member                their initial share ; whereas, to give importers some
States ;                                                    degree of certainty, the first instalment of the tariff
                                                            quota should be fixed at a high level, which in this
                                                            case should be approximately 95 % of the volume of
Whereas equal and continuous access to the quota            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         Whereas initial shares may be used up at different
arrangements for the utilization of the Community           rates ; whereas to avoid disruption of supplies on this
tariff quota based on an allocation among Member            account it should be provided that any Member State
States would seem to be consistent with the Commu­          which has almost used up its initial share should draw
nity nature of the quota ; whereas, to correspond as        an additional share from the reserve ; whereas each
closely as possible to the actual trend of the market in    time its additional share is almost used up a Member
the product in question, allocation of the quota            State should draw a further share, and so on as many
should be in proportion to the requirements of the          times as the reserve allows ; whereas the initial and
                                                            additional shares should be valid until the end of the
Member States as calculated by reference to statistics
of imports from third countries during a representa­        quota period ; whereas this form of administration
tive reference period and to the economic outlook for       requires close collaboration between the Member
                                                            States and the Commission, which latter must be in a
the quota period in question ;
                                                            position to keep account of the extent to which the
                                                            quotas have been used up and to inform the Member
Whereas ferro-chromium of this quite specific quality       States accordingly ;
is not singled out in the Member States statistical
nomenclatures ; whereas their corresponding imports
from third countries, not already benefiting from an        Whereas, if at a given date in the quota period a
equivalent preferential arrangement, could not be           considerable quantity of a Member State's initial share
detailed in their entirety for the abovementioned refer­    remains unused , it is essential that that Member State
ence period ; whereas, taking into account the foresee­     should return a significant proportion to the reserve,
 ---pagebreak---                                                             -7<Γ
 in order to prevent a part of the Community quota                minus any portion returned to the reserve pursuant to
 remaining unused in one Member State while it could              Article 5, it shall forthwith, by notifying the Commis­
 be used in others ;                                              sion , draw a second share, to the extent that the
                                                                  reserve so permits, equal to 10 % of its initial share
 Whereas, since the Kingdom of Belgium, the                       rounded up as necessary to the next whole number.
 Kingdom of the Netherlands and the Grand Duchy of
 Luxembourg are united within and jointly represented
 by the Benelux Economic Union, any measure                       2.     If a Member State, after exhausting its initial
                                                                  share , has used 90 % or more of the second share
 concerning the administration of * the shares allocated
                                                                  drawn by it, that Member State shall forthwith, in the
 to that economic union may be carried out by any
 one of its members,                                              manner and to the extent provided in paragraph 1 ,
                                                                  draw a third share equal to 5 % of its initial share
                                                                  rounded up as necessary to the next whole number.
 HAS ADOPTED THIS REGULATION :
                                                                  3.     If a Member State, after exhausting its second
                                                                  share, has used 90 % or more of the third share drawn
                          Article 1                               by it, that Member State shall, in the manner and to
                                                                  the extent provided in paragraph 1 , draw a fourth
 1.     From 1 January to 31 December 1983a Commu­                share equal to the third.
 nity tariff quota of 2 950 tonnes shall be opened in
 the Community for ferro-chromium containing by                  This process shall apply until the reserve is used up.
 weight not more than 0-10 % of carbon and more
 than 30 % but not more than 90 % of chromium
(super-refined      ferro-chromium),       falling     within     4. By way of derogation from paragraphs 1 to 3, a
subheading 73.02 E I of the Common Customs Tariff.               Member State may draw shares lower than those speci­
                                                                  fied in thpse paragraphs if there are grounds for
 2. Imports of the product in question may not be                believing that those specified may not be used in full .
charged against this tariff quota if they are already free       Any Member State applying this paragraph shall
 of customs duties under other preferential tariff               inform the Commission of its grounds for so doing.
 arrangements.
 3 . Within this quota, Common Customs Tariff                                              Article 4
duty shall be totally suspended.
4. Within the limits of this tariff quota, Greece                Additional shares drawn pursuant to Article 3 shall be
shall apply duties calculated in accordance with the             valid until 31 December 198*5 .
 relevant provisions in the Act of Accession of 1979.
                                                                                           Article 5
                         Article 2
 1.    A first instalment of 2 800 tonnes of this                Member States shall, not later than 1 October 1983
Community tariff quota shall be allocated among the              return to the reserve the unused portion of their initial
Member States ; the shares, which subject to Article 5           share which, on 15 September 1983 is in excess of
shall be valid from 1 January to 31 December 1983,               20 % of the initial volume. They may return a greater
shall be as follows :                                            portion if there are grounds for believing that it may
                                                                 not be used in full .
                                              (tonnes)
         Benelux                           446
         Denmark                              1                  Member States shall, not later than 1 October 1 983
         Germany                           776                   notify the Commission of the total quantities of the
         Greece                               5                  product in question imported up to and including 15
         France                            815                   September 1983, and charged against the Community
         Ireland                              1                  quota and of any portion of their initial shares
         Italy                             242                   returned to the reserve .
         United Kingdom                    514
2.     The second instalment of 13D             shall consti­                              Article 6
tute the reserve .                    tomes
                                                                 Member States may restrict the charging of imports
                         Article 3                               against their shares to products for certain intended
                                                                 uses. In that case the Community provisions on the
1.     If a Member State has used 90 % or more of its            matter shall be applied for checking that the product
initial share as fixed in Article 2 ( 1 ), or of that share      has been used for the stipulated purpose.
 ---pagebreak--- '                         Article 7                           2.    Member States shall ensure that importers of the
                                                              product in question                               have
  The Commission shall keep an account of the shares          free access to the shares allocated to them.
  opened by the Member States pursuant to Articles 2
  and 3 and shall, as soon as the information reaches it,     3. The extent to which the Member States have
  inform each State of the extent to which the reserve        used up their shares shall be determined on the basis
  has been used up.                                           of imports of the products in question entered with
                                                              the customs authorities for free circulation.
  It shall, not later than 5 October 198 3 inform the
  Member States of the amount still in reserve,                                      Article 9
  following any return of shares pursuant to Article 5.
                                                              At the Commission s request, Member States shall
  It shall ensure that the drawing which exhausts the         inform it of the imports actually charged against their
  reserve does not exceed the balance available, and to       shares .
  this end shall notify the amount of that balance to the
  Member State making the last drawing.                                             Article 10
                                                              The Member States and the Commission shall co­
                          Article 8
                                                              operate closely to ensure that this Regulation is
  1.    Member     States   shall  take  all    appropriate   complied with.
  measures   to ensure    that additional    shares drawn
                                                                                    Article 11
  pursuant to Article 3 are opened in such a way that
  imports may be charged without interruption against         This Regulation shall enter into force on 1 January
  their aggregate share of the Community quota.               198 3
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels,
                                                                         For the Council
                                                                           The President