CELEX: 51979PC0390
Language: en
Date: 1979-07-16
Title: Draft COUNCIL REGULATION (EEC) increasing ther volume of the Community tariff quota opened for, 1979, for ferro-chromium containing not less than 4% by weight, of carbon and falling within subheading 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 (79) 390
Vol. 1979/0138
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(79)390 final
                                                 Brussels , 16 July 1979 •
                      .<?
                                             \
                                   Draft ,
                         COUNCIL REGULATION ( EEC )
                           •,
          increasing ther volume of the Community tariff quota
                               c ■ v.'.    - --/
         opened for ,. 1979 , for ferro-chromium containing not
          less than 4% by weight, of carbon and falling within
         subheading ex 73.02 E I of the Common Customs Tariff
             ( submitted to the Council by the Commission )
 C0M(79 ) 390 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
                                                              -j
1 . By its Regulations ( EEC ) No 326/ 79 of 19 February 1979    and 928 / 79
                  2
    of 8 May 1979 , the Council opened and allocated among the Member
    States, in respect o$ the year 1979 , a duty-free Community tariff
    quota for ferro-chromium containing not less than 4% by weight of
    carbon ( and to a limited extent a quantity of carbon of between 3 and
    4% ( hereinafter calles 'high-carbon ferro-chromium ) the volume of
    which was fixed at the provisional global level of 190 000 tonnes to
    meet the requirements of the first 7 months , whilst not in any way
  , precluding adjustments during the quota period .
    The purpose of opening such a quota is to meet Community require­
    ments at a nil rate and follow up the conclusion of an agreement
    between producers and consumers under which the consumers would
    have their requirements for imports from third countries met by a         -
    duty-free tariff quota in exchange for a guarantee that Community
    output , which has been reduced in appropriate proportions , will
    find a market .
2 . The situation prevailing in the market for this ferrow chromium and
    the requirements for imports from third countries were reviewed ar
    that meeting of the Economic Tariff Problems Group held on 29 May
    1979 . This meeting had been preceded by a talk with the consumers
    on 23 February 1979 . It emerged from these discussions that > not­
    withstanding the relative shortness of the period elapsed since
    the conclusion of the agreement , the experience gained in connection
    with its implementation is nevertheless adequate for an new increase
    in the volume of the quota to be contemplated without it being pos­
    sible, however , to provide very precise information concerning the
    actual requirements for imports from third countries .
                                               I
 0J No L 45 of 22.2.1979 , p. 3
20J No L 117 of 12.5 . 19?9, p. 3
 ---pagebreak---                                 - 2 -
  This being so, fixing the increase in the quota must still be done
  prudently in order not , to endanger the equilibrium of the market .
  To this encj and having regard on the one hand to the time required '
  by the procedures for the approval of regulations and on the other
       ^                           Κ
  hand to the need to ensure the parallel development of sales of
  Community output and supplies to the user industries on favourable
  terms and conditions whilst providing them with some security , the •
  Commission feels that it is appropriate to fix the volume of the
  increase in question at the volume of the forecast import require­
  ments for the ensuring up to 31 December 1979, and review the situ­
  ation again between now and then if it seems necessary .
  From the information at the Commission 's disposal , the supplementary
  requirements up to the end of the year of imports from third countries
  not entitled to any other preferential tariff arrangement ( EFTA or ;
  associated ) would amount to about 140 000 tonnes , so that the annual
  volume of requirements, taking account of the volume already opened ,
  would amount to 330 000 tonnes .
  As is usual in such cases, the volume of the proposed increase has
  been divided into two instalments of which the first ,. which makes
  up about 93% , is allocated among the Member States in proportion
Λ                                        ' ,
  to their forecast imports -from third countries and the second, making
  up the balance , constitutes the Community reserve . The constitution
  of a reserve of this size is justified in the present case especially
  since the quota volume reaches an appreciable level, which is still
  liable to be revised, and since the initial shares assigned to each
  of the Member States cannot be ascertained as accurately as might
  be wished . '               ,
 ---pagebreak---                         - 3 -
As regards the allocation of the volume of the increase , the
Commission proposes that a large quantity ( 127 710 tonnes ) be
allocated among the Member States prorata with the forseen re­
quirements and that the balance (2 290 tonnes) be assigned to <S-eKt**Avy
as arrears and additional compensation .
 ---pagebreak---                                                                  ANNEX ,
                             Draft
                COUNCIL REGULATION ( EEC )
        increasing the volume of the Community tariff quota ,
        opened for          1979 , for ferro-chromium contai­
        ning not less than 4% by weight of carbon an<T falling
                                 *
        within subheading  ex 73.02 E I of the Common Customs
                            Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES-
                                             ·   '  3
 Having regard to the Treaty establishing the European Economic Community,
and in particular Article 28 thereof ,
 Having regard to the draft    regulation submitted by the Commission ,
Whereas by its Regulations ( EEC ) No 326/ 79 ^ and 928/ 79^,
the Council opened , for 1979 , and allocated among          ~
 the Member States ,a duty-free Community tariff quota for ferro-chromium
 containing not less than 4% by weight of carbon and falling within sub­
 heading ex 73.02 E I of the Common Customs Tariff , the volume of which
 was fixed at the provisional level of 190 000 tonnes; whereas the benefit
 of the tariff quota in question was extended by the first of those Regul­
ations , up to the limit of 20% of its volume , to imports of ferro-chromium
 containing a quantity of between 3 and 4% by weight of carbon;
Whereas it can be estimated from the economic data now available on
 consumption, production and imports benefiting from other preferential
 tariff arrangements that Community requirements of imports from third
 countries could, during the current year^ reach a level far " higher than
 the volume of the abovementioned quota ; whereas, in order not to disturb
                                   "           V               •           "
  0J No L 45 of 22.2.1979 , p. 3
 20J No L 117 of 12.5.1979, p. 3
 ---pagebreak---  the equilibrium of the market for this ferro-alloy and ensure parallel
 development of the sales of Community output and satisfactory supplies
 to the consuming industries under acceptable conditions of security, it
 is. appropriate to limit any increase in the quota volume to the volume
 of the forseeable needs up to 31 December 1979 i.e. , 140 000 tonnes, and if
necessary to review the position in due course with a view td making a
 further adjustment ;
 Whereas, as regards the allocation of this volume among the Member States,
 it is appropriate to assign a relatively small part of the additional
 volume to a Community reserve , the balance of this volume being allocated
among the Member States in proportion of their forecast needs for imports
 from third countries,
HAS ADOPTED THIS REGULATION
                                 Article 1
The volume of the Community tariff quota opened by Regulations ( EEC )
Nos 326/ 79 and 928/ 79 for ferro-chromium containing not less than 4% by
weight of carbon , falling within subheading ex 73.02 E I of the Common
Customs Tariff , shall be raised from 190 000 to 330 000 tonnes .
                                 Article 2
1 . The first instalment of the additional volume referred to in Article 1 ,
     i.e. , 130 000 tonnes, shall be allocated among the Member States as
     follows
             Bénélux                         8,410 tonnes
             Denmark                           25   tonnes
             Germany                        56,890 tonnes
             France                         20,525 tonnes
             Italy                          22,200 tonnes
             United Kingdom                 21,950 tonnes
 ---pagebreak--- 2 . The second instalment of 10 000 tonnes shall constitute the reserve .
    The reserve laid down by Article 2(2) of Regulation ( EEC ) No 326/ 79
    as amended by Regulation ( EEC ) No 928/ 79 is thus raised from 9 000 to
    19 000 tonnes .
                               Article 3
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
          This Regulation shall be binding in its entirety and
           •                     '                              •
          directly applicable in all Member States .
Done at Brussels, ...                            For the Council
                                                 The President