CELEX: 51975PC0315
Language: en
Date: 1975-06-27
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for ferro-silicon falling within subheading No 73.02C of the Common Customs Tariff#Proposal for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for ferro-silico-manganese falling within subheading No 73.02D of the Common Customs Tariff#Proposal for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for ferro-chromium containing 10% by weight or less of carbon and not less than 30% and not exceeding 90% inclusive by weight of chromium (super-refined ferro-chromium) falling within subheading No ex 73.02 E I of the Common Customs Tariff (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 315
Vol. 1975/0111
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 ---pagebreak---  COMMISSION OF THE EUSQPEAN COMMUNITIES
                                           COM(75 ) 315 final
                                           Brussels , 27 June 1975
                         v Proposai for a
                   REGULATION ( EEC ) OF THE COUNCIL
                                   !
       on the opening , allocation and administration of a
       Community tariff quota 'for ferro-silicon falling
       within subheading No 73.02C of the Connom Customs
       Tariff
                           Proposai for a
                   REGULATION ( EEC ) OF THE COUNCIL
       on the opening , allocation and administration of a
       Community tariff quota for ferro -silico -manganese
       falling within subheading No 73.02D of the Common
       Customs Tariff*
                           Proposal for a
                   REGULATION '(EEC ) OF THE COUNCIL
       on the opening , allocation and administration of a
       Community tariff quota for ferro-chromium containing
       10% "by weight or less of carbon and not less than
       30% and not , exceeding 90% inclusive by weitht of
       chromium ( super-refined ferro-chromium ) falling      f
      within subheading No ex 73.02 E I of the Common
       Customs Tariff
            ( submitted to the Council by the Commission )
COM(75 ) 315 final
 ---pagebreak---                                 EXPLAITATQHT MEMGRAmJM
1 . At the la-test multilateral negotiations with GATT the Community undertook
     to open annually nil duty Community tariff quotas for the following
     industrial products :
          (a)   ex 32r01 D              Tanning extraots of eucalyptus
         (b) '     48.-01 A             Eewaprint
         (c )   ex 50 » 09 .            Handwoven fabrics of silk or of waste
                                        Bilk other than noil
         (d ) - ex 54.03.B I UT         Certain unbleached flax yarns
         ( e ) ex 55.09                 Hondwoven fabrics of cotton
         (f) ni,~cellaneous             Certain handicraft prodtiots (handicrafts)
         (g) 73.-02 C                  Ferpo-silicon
         (h) 73-02 "D                  ■ï'erro-silico-manganese
         (i ) ex "73.02 3/ 1           Super-refined ferro-chromium ,
         0 ) 77.01 A                    Unwrought magnésium
    It had already "been deoidcd to replace the Comnrunity tariff quotas for
    tanning eretracta of eucalyptus and certain flax yarns (which had never .
    been completely used up to then) for 1972 by a partial suspension of the
    customs duty. It was for this reason' that those two products were
    separated from the industrial products covered by this memorandum . They
    will eventually be added to the list of products in respect of which the
    duties shall be totally or partially , suspended .
    The proposals on quotas for newsprint , handwersren fabrics of sillc or waste
    silk other than noil, handicraft products (handicrafts) and unwrought
   magnesium will be treated separately. The proposals for Regulations
   annexed hereto relate only to Community tariff c[uotas to be opened for
    197£T for the products under letters ( g), (h) and (i ) of figure 1 - above
 ---pagebreak---                                                    - 2 -
            and to "bo allocated among all tho Member States#                                          '!
         \ The Commission proposals for the 'three ferro-alloys are "based laregly
            on those for the came products for preceding years in the sense that tho
            chares are allocated in accordance with tho rules regularly followed '
            (calculated "by reference to prior statistics and foreoasts for 197$) • Th
            proposed rules of administration differ somewhat from those at present in
            force in that to ensure the uniform application of the Common Customs
            tariff it is proposed that a "reserve "ba set up for "both ferro–silioon and
            £7upor~refined ferz-o-chromium.
        4 » The attached proposals for regulations refer                  to the opening,
            allocation and method of administration, for the year 1976 , of the
            follovfing 'Conimunity tariff - Quotas :
             !      Description of products       Quota        I Quota          Reserve      Volume
                                                  volume       1 duty ■ '       volume       of the
                                                                                             f irst
                                                                                             tranche
               /                               I
Armex A
             j
                 ferro-silicon                 j 20.000 m.t .j|    0$          2.000 m . t . 18.000 m„t,
Annex B      j
             I
                 ferro-silico-manganese          50,000 m.t *
                                                                !
                                                                              10.000 m . t . 40.000 m. -t,
Annex C |jj      super-rèfined ferro-
                 chronium                         3,000 m. t .     o $           600 m . t .   2.400 m.!,
             i             .    . '
 ---pagebreak---                                                            Mme A
                                                           •OUMUMÉHMM
                             • Proposal , for a
                      REGOLATIOIJ (EEC ) OF IKS OOUHCIL
          cn the opening, allocation and administration of a Community
          tariff quota for ferro-silicon falling within subheading
          No 73»020 of the Common Customs Tariff
 THE COUITCTL CO? THE EUROPEAN OffiiMUMTIES , ..
 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 falling within subheading No 73*02 C ,
 the European Economic Comnunity has undertaken to open an annual nil duty
 tariff quota of 20 000 metrio tons ; ivhereas the tariff quota concerned . .
 should therefore "be opened on 1 January 197 6 and allocated among the
Member States ; whereas the duties to ha applied "by the new Member States
within the tariff quota must oomply with the relevant provisions of the
Act of Accession;
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 t in order that it may correspond
as olosely as possible to tSe actual trend pf .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 oountries during a representative reference period
and to the economic outlook for the quota period in question;
 ---pagebreak---                                        - 2 -
   Whereas , during -the last three years for which statistics axe available ,
   the corresponding imports into each of the Member States represented the
   following percentages of their total imports of the product in question :
                                                                  19.72.  1211       I2H
   Bénélux       "                    ■■■                         15*69    20.28     15*14
  Denmark                          '•      V.                      2:02       O . 64  0.36
   Geraany                                                      ■ 49*74     61.47    56 . 31
  Prance                                                           0."31      0.37    O . 52
   Irelond              '                                          0 .J65     0       0.24
  Italy                                                            8ï81     10. 87   13.97
. United Kingdom                                                  22.78       6.42   13.46
  Whereas , in view of these factors and of market forecasts for ferro-silicon
  for 1976 , the percentage shares in the quota volume can "be erpressed .
  roughly as .follows :
  Eonelux .                    1- • 9                       ■'
  Donaark                       1 .-
   Germany                     55*5                                        '• "■
  Prance                        0.4
  j-reland      '.  '           0.3
  Italy                        11.3
  United KingcLam              14*6 :  .
  VJhereas , to tales aoccunt of future import trends for the products concerned ,
  the quota should be divided into two trances , the first beipg allocated .
  and the second held as a reserve to cover subsequently the requirements of
  JiGiSber States which have exhausted their initial share}' whereas , to give
  importers some degree of certainty, the first tranche of the quota should
 ---pagebreak---                                                             Awm. A
  "be fixed at a relatively high level , which could "be JQffo of the amount
  of the quota;, .                               ....
  Whereas initial shares may he exhausted at different rates; whereas to
  avoid disruption of supplies on this account it should "be provided that any
 Member State which has almost used up its initial share should draw an
  additional share from the reserve ; whereas each tine its additional share,
  is almost exhausted a Member State should draw a further share , and so on
 as many times as the reserve allows ; whereas the initial and additional
 shares should "be valid until the (3rd of the quota period ; whereas this ,
 form of administration requires close collaboration "between the Member
 States and the Commission , and the Commission must be in a position to
 keep account of 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 , to prevent
 a part of the quota from remaining unused in one Member Stat9 while it      • •
 could be used in others , that such State should return a significant
 proportion thereof to the reserve ;
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 transaction in respect of the administration .
 of the share a allocated to that Economic Union may be carried out by any one of
 its members ;
HAS ADQE-HED THIS RECTJLAI-IOITj
                                   Article 1
                                         «»»UM
                                               N           *
tnere shall be opened within the Community for the period 1 January to
 31 Docember 1 97   in respoct of ferro-silicon falling within subheading-
iTo 73.0 20 of the Common Customs Tariff, a Community tariff quota of
20 0C0 metric tons .
 ---pagebreak---                                                                  AKNEX A ■
                                                                 <wKwaw>»»w
 Imports of the product in question shall not "be counted under this tariff
 quota if they are already free of oustoms duties under other preferential
tariff treatment .»
The Common Customs Tariff duty shall "be totally suspended in respect of
importations under the above quota.                            -    ;       -
The new Member States shall also exempt from duty up to this quota#
                                  Artide 2
                                 ttgr –won Cu.^nfa-Q^ai *
The Community tariff quota referred to in Article 1 shall "be divided
into two tranches ./
A first tranohe of 18 000 metric tons shall "be allooated among the
Member States; shares , whioh subject to Article 5 shall be valid until
31 December 197^» shall be as follows :                          •
Bénélux                      3,042               raeirio  tons
Denmark                        180               metric tons
Germany                      9,990               metric tons
France                          72               metric x ona.
Ireland                         54              metno ton3
Italy                        2,034              metric tons'
United Kingdoia              2,628              metric    tons
The second tranche , , of 2 000 metric tons , shall constitute a reserve .
 ---pagebreak---                                           - 5 -
                                        Article .3
 1 . As" soon as a Member State haa used $0fo or more of its initial share as •
      fixed in Article 2(2 ), or of that share minus any portion returned to the
      reserve pursuant to Article 5 ? it shall forthwith, by notifying the
      Commission , draw a second share , to the extent that the reserve so
     permits , equal to 10% of its initial share .
2 . As soon as a Member State , after exhausting its initial share , has used
     90$ or more of the seoond share 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 it3 initial share .              * ...
3 « As soon as a Member State , after ezhausting its second share , has U3ed 90/o
     or more of the third share drawn by it , that Member State shall , in the manner
     and to the extent provided in paragraph 1 , draw a fourth share equal to the
     third .
     It shall continue in this fashion until the reserve i3 eshausted .
4. By way of derogation from paragraphs 1 to 3S a Member State may draw shares
     lover than those specified in those paragraphs if there are grounds for
     believing that those specified may not be used in full . Any Member
     State applying this paragraph shall inform the Commission of its grounds
     for no doing.                                   . .
 ---pagebreak---                                                               ANNEX A
                                 Artiôlo 4
 Additional shares drawn pursuant to Article 3 shall be valid until
 31 Decanter 197 6.
                                      I
                                 Article 5
The Member States shall return to the reserve , not later than 1 October 197° »
the unused portion of their initial shar3 which, on 15 September 1976 ,
 is in excess of 20 % of the initial amount .              It may return
a greater portion if there are gvoimda for believing that such portion
may not b<? used in full .
Member States shall , not later than 1   October 1976 , notify the Commission
of tha total quantities of the product in question imported up to and
including 15 September 197 6 and charged against the Community quota and
of any portion of their initial shares returned to the reserve . '
                                 Article 6
The Commission shall keep an account of the shares opened by the Member
States pursuant to Articles' 2 and 3 and shall , as Boon- as the information
reaches ~it ? inform each State of the extent to which the reserve has been
usad up .        " :'               '                       '
It shall , not later than 5 October 1976} inform tha Member States of the
amount still in reserve following any return of shares pursuant to
Article 5®
                                                                          t-
It shall ensure that , when an amount exhausting the reserve is drawn the
amount so drawn does not oxesed the balance available , and . to this end
shall notifythe amount of that balanoe to the Member State making the
last drawing.
 ---pagebreak---                                      ,    -7-
                                                              AH3SIE3C A
                                       Article ?
                                       oa»alaiWffOQ»
1.   Every Member Stato shall tal:e all appropriate measures to ensure that
     shares drawn pursuant to Article 3 ar© opened in such a way that
     importations may "be charged without interruption against its accumulated
     share of the Community quota,                                       N .
2.  Every Member State shall ensure that importers of the product in question
     established in its territory have free access to the shares allocated
     to it .
3.  The extent to which a Member State has used up its share shall' bo
    determined on the basis of the importations of the products in question
    entered with the customs authorities for home use .
                                    Article 8
      On request by the Commission , the Member States shall inform it of the '
    v importations actually accounted for from their shaves .
                                    Article 9                            -
    The Member States and the Commission shall oooperate closely to ensure
   that this Regulation is complied with .
                                    Article 10
   This Regulation shall enter into force on 1 January 197 »♦
   This Regulation shall be binding in its entirety and directly applicable
   in all Member States .
   lone at Brussels -                                 For the Council
                                                      The Président
 ---pagebreak---                                                                    A|M B
                                  Proposal for a
                                   ' (ESC ) OF THE C001TCXL
         on the opening, allocation ard administration of a Community
         tariff quota for -ferro-»3ilico~ffl?.nganese falling within
         subheading Uo 73«02D of the Common Custons Tariff
 TES CCOïTGIL CL* TH3 EUROPE/AV CCMMnHTIŒES ,
 Having regard to the .Treaty establishing tho European Eoonomio Community,
 and in particular Article 113 thereoff                            .
 Having regard to the proposal from the Commission; .                : '
Whereas, as regards ferro~silico-fflanganeae falling within subheading
Bo 73.02D , the European Economic Community has undertaken to open an
 annual nil duty tariff quota of 50 000 metric tons ;                 whereas
 the tariff quota conoamed should therefore be opened on 1 January 197 6
 and allocated among the Member States ; whereas the duties to be applied
by the new Member States within the quota must comply with the relevant
provisions of the Aot of Accession;
IJhareas equal and continuous access, to the quota should be ensured for
all Community importers and the rate of duty for the tariff quota should
be applied consistently to all imports of the product in question until,
the - quota is exhausted ; whereas in the light of these principles ,
arrangements for the utilization of the Community tariff quota based on an
allocation among Member States would seem to be consistent with, the
Comnrunity nature of the quota; whereas , in order that it may correspond
as closely as possible to the actual trend of the market in the produot
in question, allocation of the quota should ba in proportion to the
requirements of the Member States as oalculated by reference to statistics
of imports from third countries during a representative reference period
 ---pagebreak---                                            - 2 -
                                                             ANN5X B
 am to the econonio outlook for th© quota period in question:
                                               •>   .
 Whereas during the last three years for which statistics are available ,
 the corresponding imports into eaoh. of the Member States represented the
 following percentages of their total inports of the product in question*
                                                           .             232À    1974
Bénélux                                                       10.--80    16.63   18 . 41
Beracark ' ■                              '                    1 .- 69    0"      0
Gerznany                                                      55 • 24    62 ; 49 58*88
Fraiice                                                        Q;43       0.92    O . 46
ïrolanà                                                  -     0*01       0       0
ïtaly                                                         15726      15. 94  19.61
United Kingdom            ■ •                                 16.57       4.02    2.64
Ifnaraaa , in view of these factors and of raarloat forecasts for forro-eilico-
manganese for 1976 ? the percentage ehare-3 in the quota volume can be
expressed roughly as follows 3              "•
         1                       »    m                         '
Bénélux '             .         19.40
Denmark ' ' ■ •                    0. 05          -
Germany                         59
Franco                             0.50                                '
îz'eland                           0.05
Ijbaly                        " 20
United Kingicm                     1 .– ;
Hhoroas , to tals3\aocbunt of future import trends for the , product concerned ,
             ; f                                       *
the quota Bhould bo divided into two tranches ,- the. first tranohe being
 ---pagebreak---                                        - 3*' -
              •     •                                       . MS.SX B
 allocated and the second held aa a reserve to cover subsequently the
 requirements' of Member States' wl?ioh. have exhausted their initial share }
 whereas , to give importers, ; e6m© degree of certainty, the first tranohe of
 the quota should he" fixed at a relatively high level whioh could "be SOfa
 of the amount of the quota ;
 Whereas initial shares may "be exhausted at- different rates ? whereas to •
 avoid disruption of supplies on this acoount , it should bo provided that
 any Member State whioh has almost used up its initial share should draw
 an additional share from the reserve ? ifhereas each time its additional
 share is almost exhausted a Member State should draw a further share , and so
 on as many times as the reserve allows .; whereas the initial and additional
 shares should be valid until the end of the quota periodj whereas this :- :
form of administration requires close collaboration between the Member
States 3-nd the Commission, and the Commission must be in a position to
keep account of the extent to whioh the quota has 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 r s initial sharo remains unused it is essential , to prevent
a part of the quota from remaining unused in one Member State while it .
could be used in others , that such State should return a significant •
proportion thereof to the reserve ?
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 transaction in respect of
the administration of the shares allocated to that Economic Union may
be carried out by any one of its members }
KA3 ÂDGPTED TELS KEGULâTXCÛS'i
 ---pagebreak---                                                              tmvx b
     ". . •                     '     Artiolé:.! T' ' •
                                     fcifnrfTfkWC*,-»
                                                          '             * '
 There' shall "be opened within the Coniaunity for the period 1 January
 to 31 Deoember 1976 , in respect of ferra-silico-manganese falling within
 Ei-^hfvr'.ing ITo 73.02B of the "Common Customs Tariff, a Community tariff
quota of 50 000 metrio tons .
Imports of the prod.uots in question Ehall- not te counted under the tariff
quota if they are already free of customs duties under other preferential
tariff treatment .
The Conmon Customs Tariff duty ehall "be totally suspended in respeot of
importations under the above quota .
The new Member States shall also exempt from duty up to this quota.
                                      .Article 2
A first tranche of 40 000 metric tons of this quota shall be allocated
among the Member States ? • shares , which eubjeot to ilrtiole 5 shall be
valid until 31 December 197 6 shall be as follows :
Bénélux                   7,760     metric tone
Denmark                      20   ' metrio t'cns
Gormany                  23,600     metrio tons
r'rance                     200     netric tons
Irelana                      20     metrio tons
Italy                   . 8,000     metno tons
United Kinfidom             400     metric tons
 ---pagebreak---                                                                AÎTÎTEa B
   The secom tranohe , of 10 000 metric tons , shall constitute a reserve .
                . . .             -, Article 3 -
  As soon as a Member State has used         or more of its initial share as
  fixed in Article 2(1 ), cr of that Ehare minus any portion returned to
  the reserve pursuant to Article 5j        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.''
  As soon as 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 manner and to the extent provided "in paragraph 1 ,
  draw a third share equal to 3$ 6f its initial share .
  As soon 3.3 a Member State , after exhausting its second share , has used
  50yo or mora of the third share drawn by it , that Member State shall ,
  in the manner and to the -extent provided in paragraph 1 , draw a fourth
  ehare equal to the third .
  It shall continue in this fashion turfeil the reserve is exhausted .
  By way' of' 'derogation from; paragraphs 1 to 3* a Member State may draw
              •                     ' v                           •
. shares lower than those specified in those paragraphs if there are grounds
  for believing that those epeoified may not be used in full . Any Member
  State applying this paragraph shall inform the Commission of its grounds
  for so doing.
 ---pagebreak---                                     «• 6 **
                                                            MMFIX B
                                  .ytigle 4
 idditional shares drawn pursuant to Article 3 shall "bo valid until
 31 1)603121)6? 1975 ,
                                .Article 5
 The ifemoer States shall return to the . reserve , not later than 1 October 1976
 the unused portion of their initial share which, on 15 September 1976 , is
 in excess of 20 fo of the initial amount .          It may return a 'greater
portion if there are grounds for believing that such portion may not be
used in full .
Member States shall , not later than 1' October 197 6, notify tho Commission
of tho total quantities of the product in question imported up to and
including 15 September 197 6 and charged against the Community quota
and of any portion of their initial shares roturned to tho reserve .
                                 .Article 6
The Commission shall keep an account of the shares opened by the Member
States pursuant to Articles 2 and 3 ar& shall , as soon as the information
reaches it , inform eaoh State of the extent to whioh. the reserve has
been . used up .
It shall , not later than 5 October 19763 inform the Member States of the
amount still in reserve following any return of shares pursuant to
Article 5 »                                 '
It shall ensure that when an amount exhausting the reserve is drawn the
amount eo drawn dooa not exceed the balance available , and to this end
shall notifythe amount of that balance to tho Member State making the
last drawing . '       •
 ---pagebreak---                                                                  ■AMEX B
                                     ■firtlclc 7
 1.   Every Member State shall take ali'.appropri ate measures to ensure that shares
      drawn pursuant to Article 3 are opened in such a way that importations
      nay "be charged without interruption against its accumulated share of
      the Comrrr.uiity quota ,
2.   Every Kemb^r State Bhall ensure that importers of the product in question
      established in its territory have free aocess to the shares allocated
     to it .
3.   Every lfccbcr Ftate shall charge importations of the product in question
     against its share as ard "when the product is entered with the customs
     authorities for home use .                                            ~
4-   The extent to which a T'lemher State ha3 used up its share shall be
    determined on the basis of tine importations against that share in
     accordance with paragraph 3 .
                                      /article 8
     On request by the Commission, the Member States shall inform it of the
     importations actually aocounted for from their shaves .
                                      Article 9
    The Member States and the Commission aixall cooperate closely to ensure
    that this Regulation is conrolied with .
                                      Article 10
    This Regulation shall enter* into force on 1 January 1 97 j5 .
    This Regulation shall be binding" in its entirety and directly applicable
    in all Member States .
    Done at Brussels ,                               For the Council
                                                      The Président
 ---pagebreak---                                                               ANNEX C
                                   Proposai for a . :   ■
             '■ ■      ΕΕΰϋΙΛ5?Λθϋ' {35Ε&)"ΟΡ ΈΕΕ ϋΟϋΙΚΗ, "
             oa the opening , allocation and administration or & . ■ '          •
             Community tariff quota for ferro-chromium containing
             lO/o by weight or less of carbon and not less than 30%
             and net exceeding 90% inclusive by weight of chromium
        .. ( 3Ut>er-refir;ed ferro-chromium ) failing within subheading
                •*          ' •     .
           . Wo ex 75*02 E I of the Common Customs Tariff              • ■
TEE 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 10/£ or less of
carbon and not less than 5G?!> but not more than 90£<T of chromium
( superrefined ferro -chromium ) falling 'within' •subheading No 75.02 E I ,
the European Economic Community has undertaken 1 to open an annual nil
duty tariff quota of 3 000 metric tons ;           whereas the tariff quota ' •
concerned should therefore bs opened on 1 January 197^ and allocated
among the Member States ; whereas, the duties to be applied by the . new
Member States within the quota must comply with- the relevant provisions
of the Act of Accession ;
Whereas • arrangements for the: utilization of the Community tariff quota
based on an allocation -amohg' 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 t*end 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 period in question ; .
 ---pagebreak---                                          M»
                                                             ANNEX C
  Whereas , during the last three years for which statistics are
  available , the corresponding imports into -each of the Member States
  represented the following percentages of •' their total imports of the
  product in question :
                                            ■ "    , 1972 '    '   W2    ■    1974
  Bénélux                                             1.55         1.42        6.84
  Denmark            ' i                              1.33         0.08        0.07
  Germany                            • '          ' 77.62        ' 80.92      42.92
  France                                        * ■: 2.08           1.08      15-55
  Ireiand                                             0.01 .        0          0.06
  Italy                                               9 . 67        6.75    . 17.57
  United Kingdora                                   : 7.74          9.75      17
   Based on general imports of ferro -chromium .
  Whereas , in view of these factors and of market forecasts for ferro-
  chromi"am for 19 /$ « the percentage shares in the quota volume can be
  expressed roughly as follows :
  Bénélux :              .0 . 25
  Denmark :                 0.20
  Germany                  24.54
  France :.               . 7 - 95
  Ireiand :                 0.03
' Italy : •                50.86
  United Kingdom.:         10 . 17 ;
  Whereas , to take account of future;- import .trends . for. the products
  concerned , ■ the quota should be divided into two tranches , the first
  being allocated 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
 ---pagebreak---                                                       ANNEX C
 tranche of the quota should be fixed at a relatively high level which .
 could be 80% of the amount ox the quota ;                ■
 Whereas initial shares may     exhausted at different rates ; whereas
 to avoid disruption of supplies on this account it should be provided
 that any Member State which has almost used up its initial share
should draw an additional share from the reserve'; whereas each time
its additional share is almost exhausted a Member State should draw
a further share , and so on as many times as the reserve allows ;
whereas the initial and additional shares should be valid until the
end of the - quota period ; this form of administration requires close
collaboration between the Member States and the Commission , and the
Commission must be in a position to keep account of the extent to
which the quota has 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 , to
prevent a part of the quota' from remaining unused in one Member
State while it could be used in others , that such a State should
return a significant proportion thereof to the reserve ;
Whereas , since the Kingdom of Belgium, the Kingdom of the Netherlands .
and the Grand Duchy of Luxembourg arc united within and jointly
represented by the Benelux Economic Union , any transaction in respect
of the administration of the shares allocated to that Economic Union
may be carried out by any one of its members ;
KAS ADOPTED TEÏS SI&TJLAïIONî
                                Article 1
1.   There shall be opened within the Community for the period
     1 January to 31 December 197£T, in respect of ferro-chromium
 ---pagebreak---                                     - k                          .  .
                                                          ANNEX C
   containing by weight lO/o or loss of carbon and not less than
   3Q*/o but not more than 9Cf/o of chromium ( superrefined ferro-chromium)
   falling within subheading No 73-02 C of the Common Customs Tariff ,
   a Community tariff quota of 5 000 metric tons »
2. Imports of the product in question shall not bo counted under . this
   tariff quota if they are already froe of customs duties under other
   praferential tariff treatment »
   The Common Customs Tariff duty shall be totally suspended in
   respoct of importations under the above quota .
                                i
k»  The new Member States shall also exempt from duty up to this quota.
                                  Artxcle 2
1. A first tranche of 2 ^ 00 metric tons shall bo allocated among the'
   Member States ;    shares , which - 'subject to Article 3 shall be valid
   from 1 January to 31 December 1975 shall be as follows :
   Benelux :              150    metric tons                . ,
   Denmark :                5   metric tons                   ...
   Germany :              5°9   me tri <5 tons
   France :               190   metric tons
   Ireland :        •       1 ■ metric ton
   Italy :              1,221   metric tons
   United Kingdom :       244   metric tons
 ---pagebreak---                                    - 5 -
                                                        ANNEX C
 2.  The second, tranche , of oOO metric tons , shall constitute a         \
     reserve .
                                 Article 3
 1.  As soon as a Member State has used $ 0% or more of its initial
     share as fixed in Article 2(1 ) » or of that share minus any
    portion returned to the reserve pursuant to Article 5 * it shall
     forthwith , by notifying the" Commission , draw a second . share , to
     the extent that the reserve so permits , equal to 10# of its         '
    initial share .
2.  As soon as a Member State , - ax tor exhausting its initial share , has •
    used 9 0% or more of the second share 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 *
3»  As soon as a Member State , after exhausting its second share , has
    used 90% or more of the third share drawn by it , that Member
    State shall , in the manner and to the extent provided in
    paragraph 1 , draw a fourth share equal to the third *
    It shall continue in 'this fashion until the reserve is . exhausted .
h * By way of derogation from paragraphs 1 to        a Member State may
    draw shares low-er than those specified in those paragraphs 'if •
    there arc grounds for believing that those specified may not be-
    used in full , /my Member State applying this paragraph shall
    inform the Commission of its grounds for so doing .
 ---pagebreak---                                                           ANNEX C
                                 Article k
Addi -clonal shares drawn pursuant to Article 3 shall be valid until
31 . December 197 6 «
                                 Article 5
 The Member States shall return to the reserve , not later than 1 October 1976 ,
 the unused portion of their initial share vrhich, on 15 September 1976 ,
 is in excess of 20 % of the initial amount .
It - may return a greater portion if there are grounds for believing
that such portion may not be used in full .
Member States shall , not later than 1     October 197.'6, notify the
Commission of the totai quantities of     the product in question imported
up to and including 15 September 197 6    and charged against the
Community quota and of any portion of     their initial shares returned
to the reserve .
                                 Article 6
The Commission shall keep an account of the shares opened by the
Member states pursuant to Articles 2 and 5           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 1976 , inform the Member ' States
of the amount still' in reserve following any' return of shares pursuant
to Article 5 »     '
It shall 'ensure that when an amount exhausting the reserve is drawn
the amount so drawn 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 .
 ---pagebreak---                                                                     AUÎTSX;C
                                           Article 7
 1.   Every Member State shall take all appropriate measures to ensure
      that shares drawn pursuant to Article 3 are opened in such a way
      that importations may be charged without interruption against its
      accumulated share of the Community quota .
 2.   Every Member State shall ensure that importers of the product in
      question established in its territory have free access to the
      shares allocated to it .                                                 ~
3.    The extent to which a Member State has used up its - share shall be
      determined on the basis of the importations of the products in-
      question entered with, the customs authorities for home use .
                                          Article 8
     On request by the Commission, the Member States shall inform it fo the
     importations actually accounted for from their shaves .
                                          article 9
xhe Lor.ber      trs"5 ,''Eaid_±h-e^GoTirr^iraci-'orr---islTa3:i                 –
that this Regulation is , complied with .
                                          Article 10
I'hxs Regulation shall enter into force on 1 January 197 6 .
This Regulation shall be binding in its entirety and directly
applicable in all Member States .
Done at Erussels ,                                               For the Council
                                                                 The Président