CELEX: 51978PC0577
Language: en
Date: 1978-11-06
Title: Proposal for a COUNCIL REGULATION (EEC) on the opening, allocating and administration of a Community tariff quota for ferro-silicon falling within subheading No 73.02C of the Common Customs Tariff (1979)#Proposal for a COUNCIL REGULATION (EEC) on the opening, allocating and administration of a Community tariff quota for ferro-silicon-manganese falling within subheading No 73.02D of the Common Customs Tariff (1979)#Proposal for a COUNCIL REGULATION (EEC) on the opening, allocating and 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 No ex 73.02 E I of the Common Customs Tariff (1979) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 577
Vol. 1978/0221
 ---pagebreak--- Disclaimer
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(78)577 final.
                                                        Brussels , 6 November 1978
                              A
                                   Proposal
                                      O
                                            for a  r.
                             (council REGULATION C EEC )
on the opening , allocating and administration of a Community tariff quota
for ferro-si li con falling within subheading No 73.02C of the Common Customs
                                 X Tariff ^
                                   Proposal for a                     ,
                              COUNCIL REGULATION ( EEC )
on the opening , allocating and administration of .a Community tariff quota
for ferro-si li con-manganese falling within subheading No 73.02D of the
                          Common Customs Tariff ( 1979 )                  .
                                   Proposal for a
                              COUNCIL REGULATION ( EEC ?
on the opening , allocating and 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 No ex 73.02 E I of the Common
                                Customs Tariff ( 1979 )
                  ( submitted to the Council by the Commission )
COM ( 78 ) 577 final .
 ---pagebreak---                     ■  EXPLANATORY ICTflPJOTIIuM
1 . 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:
                                                            V
       73.02 C                    ferro-silicon               20 000 tonnes
       73 «02 D                   ferro-silico-mangane se     50 000 tonnes
    ex 73*02 EI                 • overrefined ferro-          . 3 000 tonnes
                                               chromium   •
However , since    1 July 1977 » these ferro-alloys can be imported from
                                                                   *
Portugal duty free in pursuance of the agreement concluded with this
country.      Die ferro-silicon quota of 20 000 tonnes must therefore be
reduced by 4      this representing the Portuguese share in          Community
imports .     She volume of this quota is thus reduced to 19 200 tonnes
                                                   A
for 1979 .
                                                                           \
 2 . Hie Commission's proposals regarding these three ferro-alloys draw
extensively upon those '                      put forward for the same products
 in previous years , in that the allotting of the share continues to be in
 lino with the rules habitually adhered to ( calculation based on past figures
 ---pagebreak---      and on prospects for 1979 ) „  The management conditions proposed differ from
     those adop-ted for 1 978 as regards the volurae assigned to Community
     reserves , which, in this case accounts for 5!1° °f tho quota volunQ for
     each of the three ferro-alloys .
     3.  The proposals for regulations annexed hereto therefore relate to
     the opening, the distribution ana type of management of the following •
     Comicunity tariff quotas for 1 979-
               Description of          Quota         Quota     Volume of            oi
                     product           volume        duty       reserve     initial
                                                                            traneno
Anne* A        ferro–silicon          19 200 t        Cr/o          96Q t     13 240 t
Annex B        ferro-silico–         50 000 t         Ofo         2 5^0 "t   47      t
               nsangane ce
Annez C        overrefined             3 000 t        Qr/o          150 t      2 3>0 t
               ferro–chroaiua
 ---pagebreak---                                                                                                              ANNFX A
                                                  Proposal for ;i
                                    COUNCIL REGULATION (EEC)
                 on the opening, allocation and administration of a Community tariff quota for
                 ferro-silicon falling within subheading 73.02 C of the Common Customs .Tariff
                                                              (1979)
  THE COUNCIL OF THE EUROPEAN                                                 Bénélux                    17.22
  COMMUNITIES,                                                                Denrnark                    0.38
                                                                              Germany                    55.05
                                                                              France                      1.92
                                                                              Ireland                     0.16
  Having regard to the Treaty establishing the European                       Italy
                                                                                                         13.98
  Economic Community, and in particular Article 113                           United Kingdom             11.29 ;
  thereof,
                                                                     Whereas, to take account of future import trends for
  Having regard to the proposal from the Commission,                 the product concerned, the quota should be divided
                                                                     into two tranches, the first being allocated and the
                                                                     second held as a reserve to cover subsequently the
  Whereas, as regards ferro-silicon falling within                   requirements of Member States which have used up
   subheading 73.02 C, the European Economic Commu-                  their initial share ; whereas, to give importers some
■ nity has undertaken to open an annual nil duty tariff              degree of certainty, the first tranche of the tariff quota
   quota of 20 000 tonnes ;                whereas thi ^             should be fixed at a high level, which in this case
  should however be reduced to 19 200                                could be S5/£ of th8 aoount of the quota:
  tonnes to take account of the tradi­
  tional imports from Portugal which ,
  since 1 July 1977 , have been free of                              Whereas initial shares may be Used up         at different
 customs duty under the                                              rates ; whereas to avoid disruption of supplies on this
                                                                     account it should be provided that any Member State
  Agreement concluded with that                                      which has almost used up its initial share should draw
  country ;        whereas ,              ' the tariff quota .       an additional share from the reserve ; whereas each
  concerned should therefore be opened on 1 January                  time its additional share is almost used up               a
  1979 and allocated among the Member States ;                        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
  Whereas arrangements for the utilization of the                     end of the quota period ; whereas this form of adminis­
  Community tariff quota based on an allocation among                 tration requires close collaboration between the
  Member States would seem to be consistent with the                  Member States and the Commission, and the Commis­
  Community nature of the quota ; whereas, to corres­                 sion must be in a position to keep account of the
  pond as closely as possible to the actual trend of the              extent to which the quota has been used up and to
  market in the product in question, allocation of the                inform the Member States accordingly ;
  quota should be in proportion to the requirements of
  the Member States as calculated by reference to statis­
  tics of imports from third countries during a repre­                Whereas if at a given date in the quota period a
  sentative reference period and to the economic                      considerable quantity of a Member State's initial share
  outlook for the quota year in question ;                            remains unused, it is essential that that Member State
                                                                      should return a significant proportion thereof to the
                                                                       reserve in order to prevent a part of the Community
  whereas, during the last three years for which                      tariff quota from remaining unused in one Kenber
  complete statistics are available, the correspond­                  State when it could be used in others:
  ing inports into each of the Keaber States repres­
  ented the following percentages of total Inports
  of the product in ("xst-ian :                                        Whereas, since the Kingdom of Belgium, the
                             li / i    1976           1977 •           Kingdom of the Netherlands and the Grand Duchy of
    Bénélux                 17-47     17 - 91         16.35
                                                                       Luxembourg are united within and jointly represented
    Denmark                  0-54      0-6 0            0 . 09         by the Benelux Economic Union, any measure
                                                                       concerning the administration of the shares allocated
    Germany               * 5303      53 * 88         58.10            to that economic union may be carried out by one ^f
    France                    1-22      1 * 58          2.85            its members,
    Ireland                  0-25      0-22             0.08
    Italy                   13-82     13 83            14.21
    United Kingdom          13-67     11 - 98           8.32
    Whereas, in view of these factors and of market fore­
    casts for ferro-silicon for 1979, the initial percentage
    shares in the quota volume can be expressed roughly
    as follows :
 ---pagebreak---                                                             2
  HAS ADOPTED THIS REGULATION :                                    manner and to the extent provided in paragraph 1 ,
                                                                   draw a fourth share equal to the third.
                           Article 1
                                                                    This process shall apply until the reserve is used
                                                                    up.
  1 . For ihe period 1 January to 31 December 1979,
  a Community tariff quota of 19 200 tonnes shall be               4. By way of derogation from paragraphs 1 to 3, a
  opened within the Community in respect of ferro­                 Member State may draw shares lower than those speci­
  silicon falling within subheading 73.02 C of the                  fied in those paragraphs if there are grounds for •
  Common Customs Tariff.                                            believing that those specified may not be used in full.
                                                                   Any Member State applying this paragraph shall
  2. Imports of the product in question may not be                  inform the Commission of its grounds for so doing.
  charged against this tariff quota if they are already free
  of customs duties under other preferential tariff
  arrangements. ,                                                                           Article 4
1
  3. Within this tariff quota, the Common Custons                   Additional shares drawn pursuant to Article 3 shall he
  Tariff duty shall be totally suspended.                           valid until 31 December 197 ?«
                           Article 2                                                         Article Î
  1 .- The Community tariff quota referred to in                  ■ Member States shall, not later than 1 October 1 977, t
  Article I shall be divided into two tranches.               . j return- ta the reserve the unused portion of their initial
                                                                    share which, on 15 September 197 9 is in excess of
  2.     A first tranche of 18 240 tonnes shall be allo­             20 % of'the initial volume. They may return a greater
  cated among the Member States ; the shares, which '                portion if there are grounds for believing that it may
  subject to Article 5 shall be valid from 1 January until -         not be used in full.     >
  31 December 1979 shall be as follows :
                                                                     Member States shall, not later than 1 October 1979,
                                             (tonnes)
            Bénélux                          3 140                   notify the Commission of the 1 total , quantities of the
            Dcnmark                               70                 product in question imported up to and including 15
                                           10 040         •          September 1979 and charged against the Community
            Gcrmany                                                  quota and of any portion of their initial shares
            France                              350
                                                                     returned to the reserve.
            Ireland                               30
            Italy                            2 550
            United Kingdom                . 2 060       ■                                    Article 6 .
   3.    The second tranche of 960 "tonnes shall const !-            Member States may restrict the charging of imports
    tute the reserve.                                                against their sham to products for certain
                           Article 3
                                                                      intended uses. In that case the Coaauni ty provi­
                                                                      sions on the raatier shall be applied for checking
   1.      If a Member State has used 90% or                          thai the product has been used for the stipulated
   more of its initial share as fixed in Article 2 (2), or of        purpose.                            ,  .   . ■
   that share minus any portion returned to the reserve                                      Article 7
   pursuant to Article 5, it shall forthwith, by notifying
   the Commission, draw a second share, to the extent                The Commission shall keep an account of the shares
   that the reserve so permits, equal to 5 % of its initial          opened by the Member States pursuant to Articles 2
   share rounded up as necessary to the next whole                   and 3 and shall, as soon as the information reaches it,
   number.                                                           inform each State of the extent to which the reserve
                                                                     has been used up.     .                  ....
   2.       If a Member State, after exhausting its
   initial share, has used 90 % or more of the second                It shall, not larer than 5 October 1979, inform the
   share draw by it, that Member State shall forthwith, in           Member     States  of   the   amount   still   in reserve,
   the manner and to the extent provided in paragraph 1 ,            following any return of shares pursuant to Article 5. ,
   draw a tgird share equal to 2 5 % of its initial share
   rounded up as necessary to the next whole number.                  It shall ensure that the drawing which exhausts
                                                                      the reserve does not exceed the balance avail­
   3.       If' j Member State, after exhausting its                  able and to this end shall notify the amount of
   second shire, has used 90 % or more of the third
                                                                      that balance to the Henber State oaking the last
   share drav ;^ by it, that Member State shall, in the               drawing.
 ---pagebreak---                        Article 8                                                  Article 9
 1.   The Member States shall take all appropriate          At the request of the Commission, the Member States
measures to ensure that additional shares drawn             shall inform it of the imports actually charged
pursuant to Article 3 are opened in such a way that         against their shares.
 imports       may be charged without interruption
against their accumulated shares of the Community                                 Article 10
quota .
2. The Member States shall ensure that importers            The Member States and the Commission shall coop­
of the product in question established in their terri­      erate closely to ensure that this Regulation is
                                                            complied with.
tory have free access to the shares allocated to them.
3.   The extent to which the Member States have                                   Article 11
used up their shares shall be determined on the basis
of      imports        of the products in question          This Regulation shall enter into force on 1 January
entered with the customs authorities for home use.          1979.                              ,
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at
                                                                       For the Council
                                                                        The President
 ---pagebreak---                                                                                                                       ANfJtX
                                                           Proposal     i or . a
                                     COUNCIL REGULATION (EEC)
                 on the opening, allocation and administration of a Community tariff quota for
                 ferro-silico-manganese falling within subheading 73.02 D of the Common
                                                   Customs Tariff (1970)
                       '
THE COUNCIL OF THE EUROPEAN                                    percentage shares in the quota volume           may be
COMMUNITIES,                                          !        expressed roughly as follows :
                                                                        Bénélux                             12.99
Having regard to the Treaty establishing the European                   Denmark                              0.10
Economic Community, and in particular Article 113                                                           66.91
thereof.                                                                Germany
                                                                        France                               1.39
                                                                        Ireland                              0.10
Having regard to the proposal from the Commission,                      Italy                               15.50
                                                                        United Kingdom                       3.01
Whereas, as regards ferro-silico-manganese falling
within subheading 73.02 D, the European Economic
Community has undertaken to open an annual duty-                Whereas, to take account of future trends in imports
 free Community tariff quota of 50 000 tonnes ;                 of the product in question, the quota should be
whereas the tariff quota in question should therefore 1 ,       divided into two tranches, the first being allocated and
 be opened on 1 January 1979 and allocated among                the second forming a reserve intended to cover any
 the Member States ;                                            subsequent requirements of Member States which
                                                                have used up their initial share ; whereas, in order to
                                                                ensure a certain degree of security for importers, the
 Whereas equal and continuous access to the quota               first tranche of the Community tariff quota should be
 should be ensured for all Community importers and              set at a high level,which, in this case might be 95 %
 the rate of duty for the tariff quota should be applied »      of the volume of the quota ;
 consistently to all imports until the quota is used up ;
  whereas in the light of the principles outlined above,
  arrangements for the utilization of the Community             Whereas Member States may use up their initial
  tariff quota based on an allocation among Member               shares at different rates ; whereas to provide for this
  States would seem to be consistent with the Commu­             eventuality and to avoid disruption of supplies, any
  nity nature of the quota ; whereas, in order that it may       Member State which has almost used up its initial
  correspond as closely as possible to         actual market     share should draw an additional share from the
  trends in the product in question, allocation of the           reserve ; whereas each time its additional share is
  quota should be in proportion to the requirements of           almost used up, a Member State should draw a further
  the Member States as calculated by reference to statis­        share, and so on as many times as the reserve allows ;
  tical data on imports from third countries during a            whereas the initial and additional shares should be
  representative reference period and to the economic            valid until the end of the quota period ; whereas this
  prospects for the quota year in question ;                     form of administration requires close collaboration
                                                                 between Member States arid the Commission, which
  Whereas, during the last three years for which con-            latter must, in particular, be able to keep a record of
   pi ete statistics are available, the corresponding             the extent to which the quota has been used up and
   imports into each of the Henber States represented             to inform the Member States accordingly ;
   the following percentages of total 5jjports of the
   product in question :
                               / 9/5     1976       . 1977        Whereas if at a given date in the quota period a
                                                                  considerable quantity of a Member State's initial share
  Benelux                     Il 00     15-29         12.67       remains unused, it is essential that that Member State ,
  Denmark\                      0        0               0        should return a significant proportion to the reserve
  Germany '                   71-52    66.16          63.40       so as to avoid a part of the CoBiounity tariff quota
   France . \        1          0-58      1-68          1.88     remaining unused in one Member State when it could
   Ireland i !                                                   be used in others;
   Italy   U
                                0 04
                              1404
                                       ll92           18?56
   United ty igdom              2-82     2.95           3.49       Whereas, since the Kingdom of Belgium, the
             i t                                                   Kingdom of the Netherlands and the Grand Duchy of
   Whereas, ^ A view x>f these factors and of market fore­         Luxembourg are united within and jointly represented
   casts for Wyo-silico-manganese for 1979 the initial             by the? Benelux Economic Union, any measure
 ---pagebreak---                                                       2
concerning the administration of the shares allocated        in accordance with the same conditions, draw a fourth
to that economic union may be carried out by any             share equal to the third.
one of its members,
                                                             This process shall apply until the reserve is used up.
HAS ADOPTED THIS REGULATION :
                                                             4. By way of derogation from paragraphs 1 , 2 and
                                                             3, Member States may draw lesser shares than those
                         Article I
                                                             specified therein if there are grounds for believing
                                                             that those specified may not be used up. They shall
1 . . For the period 1 January to 31 December 1979,          inform the Commission of their reasons for applying
a Community tariff quota of 50 000 tonnes shall be           this paragraph.
opened in the Community for ferro-silico-manganese
falling within subheading 73.02 D of the Common                                     Article 4
Customs Tariff.
                                                             Additional shares drawn pursuant to Article 3 shall be
2. Imports of the product in question may not be             valid until 31 December 1979.
charged against this tariff quota if they are already free "
of customs duties under other preferential tariff arran­                            Article 5
gements.
                                                             Member States shall return to the reserve, not later
3. Within this tariff quota, the Common Customs              than 1 October 1979, the unused portions of their
Tariff duty shall be totally suspended.                      initial shares which, on 15 September 1979, are in
                                                             excess of 20 % of the initial amounts. They may
                         Article 2
                                                             return a greater portion if there are grounds for
1.    A first tranche of 47 530 tonnes of this Commu­        believing that such portion may not be used up.
nity tariff quota shall be allocated among the Member        Member States shall notify the Commission , not later
States ; the shares, which subject to Article 5 shall be     than 1 October 1979, of the total quantities of the
valid from 1 January to 31 December 1979, shall be           product in question imported up to and including 15
as follows :
                                                             September 1979 and charged against the Community
                                          (tonnes)           quota and of any portion of their initial shares
        Bénélux                          6 170               returned to the reserve .
        Denmartë                               50
        Germany                         31 780                                      Article 6 *
        France                               660
        Ireland                                50            Member States nay restrict the charging of imports
        Italy                            7 360                against their shares to productis for certain
        United Kingdom                   1 430                intended uses. In that case the Community provi­
                                                              sions on the natter shall be applied for checking
2.    The second tranche of 2 500 tonnes shall consti­        that the product has been used for the stipulated
tute the reserve.
                                                             purpose.
                                                                                    Article 7
                     '   Article 3
                                                             The Commission shall keep an account of the shares
1.    If 90 % or more of a Member State's initial share      opened by the Member States pursuant to Articles >2
as fixed 'in Article 2 ( 1 ), or of that share minus any     and 3 and, as soon as it has been notified, shall inform
portion returned to the reserve where Article 5 has          each State of the extent to which the reserve has been
been applied, has been used up, that Member State ■          used up.                                               •
shall foithwith, by notifying the Commission, draw a
second iiiare, to the extent that the reserve so permits,    It shall inform the Member States, not later than 5
equal to ■> % of its initial share, rounded up as neces­     October 1979 , of the amount still in reserve after
sary to the next whole number.                               amounts, have been returned thereto pursuant to
                                                             Article 5 .
2. If, aft'.r its initial share has been used up, 90 %
or more of tne second share drawn by a Member State          It shall ensure that the drawing which exhausts the
has been ui\d up, that Member State shall forthwith,         reserve does not exceed the balance available and to
in the mani^r and to the extent provided in para­            this end shall notify the amount of that balance to
graph 1 , drav, a third share equal to2.5%of its initial     the Member State making the last drawing.
share, rounde -. up as necessary to the next whole
number.
                                                                                    Article 8
3. If, after it second share has been used up, 90 %           1.    Member States shall       take all    appropriate
or more of the hird share drawn by a Member State            measures to ensure that , additional shares drawn
has been used that Member State shall forthwith,             pursuant to Article 3 are opened' in such a way that
 ---pagebreak--- imports may be charged without interruption against                               Article 9
their aggregate shares of the Community quota. ,            At the Commission s request, Member States shall
2.    Member States shall ensure that importers of the      inform it of the imports actually charged against their
                                                            shares.
product in question established in their territory have
free access to the shares allocated to them .
                                                                                  Article 10
3. Member States shall charge imports of the                The Member States and the Commission shall coop­
product in question against their shares as and when        erate closely to ensure that this Regulation is
the product is entered with the customs authorities for     complied with.
home use.
                                                                                  Article 11
4.    The extent to which a Member State has used up
its share shall be determined on the basis of the           This Regulation shall enter into force on 1 January
imports charged in accordance with paragraph 3.             1979 . •
                                                                                                                 ι
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at
                                                                       For the Council
                                                                         The President
 ---pagebreak---                                                                                                    ANNEX C
                                                   Proposql for a
                                  COUNCIL REGULATION (EEC)
                on the opening, allocation and administration of a Community tariff quota for
                ferro-chromium containing not more than 0*10 % by weight of carbon and
                more than 30 °/o but not more than 9u^f by weight of chroniuo
                (super-refined ferro-chromium) falling within subheading ex 73.02 E I of the
                                          Common Customs Tariff ( 197 ^
THE COUNCIL OF THE EUROPEAN               ,                   percentage shares In the quota vol une can be
COMMUNITIES,                                                  expressed roughly as follows:
                                                                      Bénélux                             12.86
Having regard to the Treaty establishing the European'                Denmark                              0.07
Economic Community, and in particular Article 113                     Germany                            34.28
thereof,                                                              France                               4.24
                                                                      Ireland                              0.03
Having regard to the proposal from the Commission,                    Italy                               30.55
                                                                      United Kingdom                      17.97 ;
Whereas, as regards ferro-chromium containing by
weight not more than 0-10 % of carbon and more               Whereas, to take account of future import trends for
than 30 % » but not "more than 90$, of chroraiua             the product concerned, the quota should be divided
(super-refined       ferro-chromium)    falling within       into two tranches, the first being allocated and the
subheading ex 73.02 E I, the European Economic             - second held as a reserve to cover subsequently the
Community has undertaken to open an annual nil               requirements of Member States- which have 'used up
duty tariff quota of 3 000 tonnes ; whereas the tariff       their initial share ; whereas to give importers some
quota concerned should therefore be opened on 1              degree of certainty, the first tranche of the tariff quota
January 1979 and allocated among the Member                  should be fixed at a high level, which in this case
 States :                                                    could be 95? of the amount of the quota;
 Whereas arrangements for 1 the utilization of the            Whereas initial shares may be used up at different
 Cc nmunity tariff quota based on an allocation among         rates ; whereas to avoid disrupti'orl of supplies on this
 Member States would seem to be consistent with the           account it should be provided that any Member State
 Community nature of the quota ; whereas, to corres­          which has almost used up its initial share should draw
 pond as closely as possible to the actual trend of the ■     an additional share from the reserve ; whereas each
 market in the product in question, allocation of the         time its additional share is almost used up
 quota should be in proportion to the requirements of         Member State should draw a further share, and so on
 the Member States as calculated by reference to statis­      as many times as the reserve allows ; whereas the
 tics of imports from third countries during a represen­      initial and additional shares should be valid until the
 tative reference period and to -the economic outlook         end of the quota period ; whereas this form of adminis­
 for the quota year in question                               tration    requires close collaboration     between   the
                                                              Member States and the Commission, and the Commis­
                                                  Ί
 Whereas, during the last three years for which COO-          sion must be in a position to keep account of the.
                                                              extent to which the quota has been used up and to
 plete statistics are available, the corresponding            inform the Member States accordingly ;
  imports into each of the Member States represented
  tho following percentages of total imports of the
  product in quastionj                                        Whereas if at: a given date in the quota period a
                           197 5   1976          1977         considerable quantity of a Member State's initial share
                                                              remains unused, it is essential that that Member State
  Bénélux                 10-27    9.58         19.37         should return a significant proportion thereof to the
  Denmark
              i
                           0-15    0-02        , 0.02
                                                            . reserve to prevent a part of the Coanuni ty tariff
  Germany                 48-52   32.31         24.93
                                                              quota froai regaining unused in one Member State
  France                   0-30    3.74           8.23        when it could be used in others;
  Ireland                  0-01     0             0.02
  Italy                   17-40   31.17         40.75          Whereas, since the Kingdom of Belgium , the
  United Kingdom          23-35   23.18           6.68         Kingdom of the Netherlands and the Grand Duchy of
                                                               Luxembourg are united within and jointly represented
  Whereas, in view of these factors and of market fore­        by the Benelux Economic Union, any measure
  casts for ferro-chromium for 1979 theinitial                 concerning the administration of the shares allocated
 ---pagebreak---                                                                       2
to that economic union may be carried out by one of              share drawn by it, that Member State shall forthwith, ,
its members,                                                     in the manner and to the extent provided in para­
                                                                 graph 1 , draw a third share equal to£«5/£ 0f its initial
                                                                 share rounded up as necessary to the next whole
                                                                 number.       •
HAS ADOPTED THIS REGULATION :
                                                                 3.     !f a Member State , after exhausting its
                                                                 second share, has used 90 % or more of the third
                           Article i                             share drawn by it, that Member State shall, in the
                                                                 manner and to the extent provided in paragraph 1 ,
 1 . For the period I January to 31 December 1979 ,              draw a fourth share equal to the third.
 a Community tariff quota of 3 000 tonnes shall be
 opened         in  the Community in respect of ferro- •         This process shall apply until the reserve is used
 chromium containing by weight not more than                     up.
 0-10 % of carbon and more than 30 % but not
 core than 802, of chromium (super-refined ferro­                4. By way of derogation from paragraphs 1 , 2 and
 chromium) falling within subheading ex 73.02 E I of             3, a Member State may draw shares lower than those
 the Common Customs Tariff.                                      specified in those paragraphs if there are grounds for
                                                                 believing that those specified may not be used in full.
 2. Imports of the product in question may not ba                Any Member State applying this paragraph shall
  charged against this tariff quota if they are                   inform the Commission of its grounds for so doing.
   already free of customs duties under other prefer­
  ential tariff arrangements.                                                             Article 4
  3.      Within this tariff quota, the Connon Customs
   Tariff duty shall be totally suspended.                       Additional shares drawn pursuant to Article 3 shall be
                                                                 valid until 31 December 1979..       1
                                                                                          ■
                           Article 2
                                                                                          Article 5
   1 . A first tranche of 2 850 tonnes of this Coasu-
   nity tariff quota shall be allocated among the Member
                                                                  Member States shall, not later than 1 October 1979 /
   States ; the shares, which subject to Article 5 shall be       return to the reserve the unused portion of their ,initial
 ;valid from 1 January to 31 December 1979, shall be              share which, on 15 September 1979, is in excess of
   as follows :                                                   20 % of the initial volume. They may return a greater
 1                                             (tonnes)           portion if there are grounds for believing that it may
                                                                  not be used in full .
           Bénélux                              367
           Dénmark                                 2              Member States shall, not later than 1 October 19# ,
           Germany                              977               notify the Commission of the total quantities of the
            France                              121
            Ireland                                1
                                                                  product in question imported up to and including 15
                                                                  September 197.9 and charged against the Community
            Italy                              '870               quota and of any portion of their initial shares
            United Kingdom                      512               returned to the reserve.
   2.     The second tranche of 150 tonnes shall consti­
     tute the reserve.                                                                     Article 6
                  ^         Article 3
                                                                   Member States say restrict the charging of imports
                                                                   against their shares to products for certain ■
           If a Metaber State has used 90? or                      intended uses. In that case the Conmunity provi­
    more of its initial share as fixed in Article 2 ( 1 ), or of   sions on the natter shall bo applied for checking
    that share minus any portion returned to the reserve           that the product has been used for the stipulated
    pursuant to Article 5, it shall forthwith, by notifying        purpose. .
    the Commission, draw a second share, to the extent                                      Article 7
    that the reserve so permits, equal to 5 % of its initial
    share rounded up as necessary to the next whole                The Commission shall keep an account of the shares
    number.                                  •
                                                                   opened by the Member States pursuant to Articles 2
                                                                   and 3 and shall, as soon as the information reaches it
    2.       If a Member State , after exhausting its              inform each State of the extent to which the reserve
    initial share, has used 90 % or more of the second             has been used up.                          ,
 ---pagebreak---  It shall, not later than 5 October 1979, inform the         3.   The extent to which the Member States have
Member States of the amount still in reserve following       used up their shares shall be determined on the basis
any return of shares pursuant to Article 5.                  of ioports             of the products in question
                                                             entered with the customs authorities for home use.
  It shall ensure that the drawing which exhausts
 the reserve does not exceed the balance avail­
                                                                                   Article 9
 able and to this end shall notify the amount cf
 that balance to the Member State making the last            At the request of the Commission, the Member States
 drawing.                                                    shall inform it of the imports actually charged
                                                             against their shares.                       '
                        Article 8
 1.   The Member States shall take all appropriate                                 Article 10
                                                                       i
measures    to ensure    that additional shares  drawn
pursuant to Article 3 are opened in such a way that          The Member States and the Commission shall coop­
 inports        may be charged without interruption          erate closely to ensure that this Regulation is
against their accumulated shares of the Community            complied with.
quota.                                                                      !"                   .         *  '
                                                                                   Article 11
2. The Member States shall ensure that importers
of the product in question established in their terri­       This Regulation shall enter into force on 1 January
tory have free access to the shares allocated to them.       197 9 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
                                                                                          V
              Done at
                                                                         For the Council
                                                                          The President