CELEX: 31977R0270
Language: en
Date: 1977-02-08 00:00:00
Title: Council Regulation (EEC) No 270/77 of 8 February 1977 opening, allocating and administering a Community tariff quota 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, and extending the benefit of this quota to certain imports of ferro-chromium containing a quantity of between 3 and 4 % by weight of carbon (1977)

No L 39/2                         Official Journal of the European Communities                               10. 2. 77
                                   COUNCIL REGULATION (EEC) No 270/77
                                                 of 8 February 1977
               opening, allocating and administrering a Community tariff quota for ferro-chro­
               mium containing not less than 4 % by weight of carbon, falling within
               subheading ex 73.02 E I of the Common Customs Tariff, and extending the
               benefit of this quota to certain imports of ferro-chromium containing a quan­
                             tity of between 3 and 4 % by weight of carbon ( 1977)
THE COUNCIL OF THE EUROPEAN                                  seem to be consistent with the Community nature of
COMMUNITIES,                                                 the quota ; whereas, to correspond as closely as
                                                             possible to the actual trend in the market in the
                                                             product in question, allocation of the quota should be
Having regard to the Treaty establishing the European        in proportion to the requirements of the Member
Economic Community, and in particular Article 28             States as calculated by reference to statistics of imports
thereof,                                                     from third countries during a representative reference
                                                             period and to the economic outlook for the quota
                                                             period in question ;
Having regard to the draft Regulation submitted by
the Commission,
                                                             Whereas, however, since the quota is an autonomous
Whereas for ferro-chromium containing not less than          Community tariff quota intended to cover import
4 % by weight of carbon, Community production is,            needs arising in the Community, it may, as an experi­
to a variable degree, inadequate and producers are           ment, be allocated on the basis of the temporary
unable to meet the total requirements of consumer            import needs from third countries expressed by each
industries in the Community ; whereas it is therefore        of the Member States ; whereas this system of alloca­
in the Community's interest to suspend totally in            tion also ensures the uniform application of the
respect of this metal the application of the Common          Common Customs Tariff ;
Customs Tariff duty until 31 December 1977, within a
suitable tariff quota ; whereas in order not to raise the
question of the prospects for development of the             Whereas, to take account of future import trends for
Community production sector and taking into                  the product concerned, the quota should be divided
account the uncertainties which surround the different
                                                             into two tranches, the first being allocated among the
ferro-alloy consumption sectors, it is appropriate to fix    Member States and the second held as a reserve to
the quota volume at the provisional level of 52 000          cover subsequently the requirements of Member States
tonnes ; whereas for the same reasons Member States
                                                             which have exhausted their initial shares and any addi­
should be free to authorize charges to be made against       tional requirements which might arise in the other
this volume only subject to the products being used          Member States ; whereas, to give importers of the
for certain purposes ; whereas the fixing of this            Member States some degree of certainty, the first
amount, relating to prudent estimates, does not              tranche of the tariff quota should be fixed at a rela­
exclude future adjustment ;                                  tively high level which could be 48 460 tonnes ;
Whereas relatively limited imports of ferro-chromium
containing a quantity of between 3 and 4 % by                Whereas Member States may exhaust their initial
weight of carbon are foreseeable for this quota period ;     shares at different rates ; whereas to avoid disruption
whereas provision should be made on a temporary              of supplies on this account it should be provided that
basis for the extension of the benefit of the tariff         any Member State which has almost used up its initial
quota in question to these imports, limiting it              share should draw an additional share from the
however to 20 % of the quota volume taking account           reserve ; whereas each time its additional share is
of the existence of Community production ;                   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
Whereas equal and continuous access to the quota             should be valid until the end of the quota period ;
should be ensured for all Community importers and            whereas this form of administration requires close
the rate of duty for the tariff quota should be applied      collaboration between the Member States and the
consistently to all imports until the quota is               Commission and the Commission must be in a posi­
exhausted ; whereas in the light of these principles,        tion to keep account of the extent to which the quotas
arrangements for the utilization of the tariff quota         have been used up and to inform the Member States
based on an allocation among Member States would             accordingly ;
 ---pagebreak---  10 . 2 . 77                       Official Journal of the European Communities                            No L 39/3
Whereas if at a given date in the quota period a                      Benelux                     9 500 tonnes,
considerable quantity of a Member State's initial share               Denmark                        84 tonnes,
remains unused it is essential that such State should                Germany                     12 714 tonnes,
return a significant proportion thereof to the reserve,               France                      7 624 tonnes,
in order to prevent a part of a quota from remaining                  Ireland                         8 tonnes,
unused in one Member State while it could be used in                  Italy                       4 000 tonnes,
others ;                                                              United Kingdom             14 530 tonnes.
                                                             2.     The second instalment of 3 540 tonnes shall
Whereas, since the Kingdom of Belgium , the
                                                             constitute the reserve .
Kingdom of the Netherlands and the Grand Duchy of
Luxembourg are united within and jointly represented
by the Benelux Economic Union, any measures
concerning the administration of the shares allocated                                 Article 3
to that economic union may be carried out by any
one of its members ,                                         1.     As soon as one of the Member States referred to
                                                             in Article 2 has used 90 % 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
HAS ADOPTED THIS REGULATION :
                                                             a second share , to the extent that the reserve so
                                                             permits, equal to 10 % of its initial share rounded up
                                                             as necessary to the next whole number.
                         Article 1
                                                             2.     As soon as one of the Member States, after
                                                             exhausting its initial share, has used 90 % or more of
1 . From the date of entry into force of this Regula­        the second share drawn by it, that Member State shall
tion and until 31 December 1977 a tariff quota of
                                                             forthwith, in the manner and to the extent provided
52 000 tonnes shall be opened within the Community
                                                             in paragraph 1 , draw a third share equal to 5 % of its
in respect of ferro-chromium containing not less than        initial share .
4 % by weight of carbon, falling within subheading ex
73.02 E I of the Common Customs Tariff.
                                                             3.     As soon as one of the Member States, after
                                                             exhausting its second share, has used 90 % or more of
2. During this period the Member States shall be             the third share drawn by it, that Member State shall
authorized within the 20 % limit of the quotas allo­         forthwith and on the same conditions draw a fourth
cated to them or which they levy on the reserve in           share equal to the third .
accordance with Articles 2 and 3 to charge against the
said tariff quota, imports of ferro-chromium                 This process shall continue until the reserve is
containing a quantity of between 3 and 4 % by                exhausted .
weight of carbon .
                                                             4.     Notwithstanding paragraphs 1 to 3, a Member
3.      Importations of the products in question , which     State may draw shares lower than those specified in
already benefit from exemption from customs duties           those paragraphs if there are grounds for believing
under another preferential tariff system, are not to be      that those specified may not be used in full. Any
charged against this tariff quota.                           Member State applying this paragraph shall inform
                                                             the Commission of its grounds for so doing.
4. Within this quota, the customs tariff duty shall
be totally suspended .
                                                                                      Article 4
5.     New Member States shall apply duties on
imports within this quota calculated in accordance           Additional shares drawn pursuant to Article 3 shall be
                                                             valid until 31 December 1977 .
with the relevant provisions of the Act of Accession .
                                                                                      Article 5
                         Article 2
                                                             The Member States shall not later than 1 October
1.     A   first instalment  of 48 460   tonnes  of  this    1977 return to the reserve the unused portion of their
Community tariff quota shall be allocated among the          initial share which on 15 September 1977 exceeds
Member States ; the shares, which , subject to Article 5     20 % of the initial amount. They may return a greater
shall be valid until 31 December 1977 , shall be as          portion if there are grounds for believing that such
follows :                                                    portion may not be used in full .
 ---pagebreak--- No L 39/4                         Official Journal of the European Communities                             10 . 2. 77
Not later than 1 October 1977 the Member States              pursuant to Article 3 are opened in such a way that
shall notify the Commission of the total quantities of       importations may be charged without interruption
the products in question imported up to and                  against their accumulated share of the tariff quota.
including 15 September 1977 and charged against the
Community quota and of any portion of their initial          2. The Member States shall ensure that importers
shares returned to the reserve .                             of the product in question established in their territo­
                                                             ries have free access to the shares allocated to them .
                        Article 6
                                                             3 . The Member States shall charge imports of the
Member States may restrict the product in question           product in question against their shares as and when
which may be charged against their quota shares to           the product is entered with the customs authorities for
                                                             home use .
products to be used for certain purposes.
                                                             4.    The extent to which the Member States have
                        Article 7                            used up their shares shall be determined on the basis
The Commission shall keep an account of the shares           of the importations charged against their shares in
opened by the Member States pursuant to Articles 2           accordance with paragraph 3 .
and 3 and shall, as soon as the information reaches it,
inform each State of the extent to which the reserve                                Article 9
has been used up.
                                                             At the request of the Commission, the Member States
Not later than 5 October 1977 it shall inform the            shall inform it of imports charged against their shares.
Member States of the amounts still in reserve
following any return of shares pursuant to Article 5.                              Article 10
It shall ensure that when an amount exhausting the
reserve is drawn, the amount so drawn does not               The Member States and the Commission shall coop­
exceed the balance available, and to this end shall          erate closely to ensure that this Regulation is
notify the amount of that balance to the Member State        complied with .
making the last drawing.
                                                                                    Article 11
                        Article 8
                                                             This Regulation shall enter into force on the seventh
1.    The Member States shall take all appropriate           day following its publication in the Official Journal
measures    to   ensure that  additional  shares drawn       of the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 8 February 1977.
                                                                         For the Council
                                                                          The President
                                                                       Anthony CROSLAND