CELEX: 51976PC0534
Language: en
Date: 1976-10-15
Title: Draft COUNCIL REGULATION (EEC) on the opening, allocation and administration of an autonomous Community tariff quota for 1976 for ferrosilicon falling within subheading 73.02 of the Common Customs Tariff#Draft COUNCIL REGULATION (EEC) on the opening, allocation and administration of an autonomous Community tariff quota for 1976 for ferro-silico-manganese falling within subheading 73.02 D of the Common Customs Tariff#Draft COUNCIL REGULATION (EEC) on the-opening, allocation and administration of an autonomous Community tariff quota for 1976 for super-refined, ferro-chromium 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 (76) 534
Vol. 1976/0163
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---                                                                                 kl :
COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                              V  V
                                        COM(76)534 final
                                        Brussels , 15 October 1976
                                Draft
                      COUNCIL REGULATION ( EEC )
   on the opening , allocation and administration of an
   autonomous Community tariff quota for 1976 for ferro­
   silicon falling within subheading 73.02 of the Common
                            Customs Tariff
                                                           /
                                Draft                        i
                      COUNCIL REGULATION ( EEC )
   on the opening / allocation and administration of an
   autonomous Community tariff quota for 1976 for ferro-
   silico-manganese falling within subheading 73.02 D of
                      the Common Customs Tariff
                                Draft
                      COUNCIL REGULATION ( EEC )
   on the - opening , allocation and administration of an
   autonomous Community tariff quota for 1976 for super-refined,
    ferro-chromium falling within subheading ex 73.02 E
                        Common Customs Tariff
                                                               /:>.    N\
                                                     M'                 .. -»
                                                   ■                i­
                   :    .     . .     .. . ,         ■ ^/
             ( submitted to the Council by the Commission
   C0MC76 ) 534 final
 ---pagebreak--- 1 * T'lvo craft Iic£uiatio:i3 axuvaxGd hereto follow requests fro.", certain
     h ;;; ocr S^cites ti^^c    ^ o^ion^o'iic uomrriiiiix    ^ ci-X^xxx GtiOus.3 oc opciiecl
     for 1976             f°^ ferro-siiicon , ferro-silico -nanganese i■ and supei– '
     rex mea i erro –cnrojaiuml
2 . Thu requests concerned were studied , in particular , at consultations
    with experts frcru all the Merrier States hold on                     10 June      1976 on
     ~hs hasis of economic information and forecast a supplied "by' the
     competent "bodies .      In -«h.is context it ^ust ha mentioned , aa the
    Commission has already done marytiir.es , that as far as autonomous
    Community t?.riff q-aotas are concerned it is insufficient simply to
    open quotas to inoex esuj-rjated xinport needs xroni xnirc. countries .
    This procedure is , in fact j liable to disrupt Co ~iir.unity production
     and to jeopardize rationalization -                                            This fact is
  , all the sore true in the present circuir.stancos since a study was rr.ade
    of these raw materials on the Coarriuiiity market
            on the "basis of forecasts which , ~iven the uncertainty                     surrounding
                                                       . and consumption
    alx sectors gj. Coiffiiramty proc.ucticn / co'.iid ue significantly changed the year .
    These factors were taken into consideration -when each product was
    studied .
3 - f"-o;.i ccononio forecasts supplied at that meeting Corrjmnity tables cry
    V.i drom up in respect of each of the products concerned as follows :
 ---pagebreak---                                             - 2 -
escription           Consun.p -  Proauc -       Aonorma !   Inwara       Duty-free     Exports   Quota
                     tion        t'ion          stocks      Proces-      imports       to        opened
                                                on          s ma         from          tlnrd     1.1.76
                                                31.12.75    Trf'ffic     1 hi rd       countries
                                                                         countries
                                                                         carried
                                                                         out   out­
                                                                         side the
                                                                         contrac-
                                                                         tus I
                                                                         quota
                                                                     in  metric   tons -
erro-si L i con      536 640    295 500       20 000        2 000       103 790        17 000    20 000
erro-si l i co-
anganese             218 150     85 000                                  28 030          2 000   50 000
jpei– refined
erro-cliromium      122 550     122 000   •                    000         9 450       15 000     3 000
ammunity import requirements from third countries calculated in the usual manner
~om the above figures show the following deficits and surpluses :
  ferro-si licon                                 def i cit of      78 350 metri c tons
  ferro-si lieo-manganese                        def i cit of      55 120 metri c tons
  super-refined ferro chromium                   surplus of        28 900 metri c tons .
s regards these proaucts , it should be noted that
                                                                                    Community
onsumption of ferro-si I i con and ferro - silico- manganese is running ibove the
975 estimates , whereas according yo the producer Member States' experts Community
roduction capacity would appear "i     Mve b .. =n voluntarily reduced so as not to
ncrease existing stocks .
                                                   »
t all events , it is certain that , as regards ferro-si li con and ferro - silico - manganese
t least , the requirements of the consumer industries can not be met in full by
ommunity production and by deliveries from associated or similar countries .                 This is
 11 the more true because , in the past , final stocktakings of these metals have always'
hown a relatively high deficit .
 ---pagebreak--- As regards super-refined ferro-chromium , the deficit noted in 1975 in the
estimates has turned into a surplus of about 29 000 metric tons , mainly owing
to a reduction in consumption which was itself caused by the use of a less
elaborate and cheaper substitute material : high-carbon f erro-chromium .
Nevertheless , traditional patterns of trade between Member States and third
countries should not be disrupted unduly .
Moreover , because of the uncertainties which still affect all sectors of Community
production and consumption in spite of the signs of a modest improvement in the
economic situation it is still desirable , so as not to disturb the production
sector , to show prudence in fixing the amounts of autonomous quotas .
For these reasons , the Commission proposes that an autonomous tariff quota be
opened and fixed at :
- 10 000 metric tons for ferro-si licon
- 20 000 metric tons for ferro-si li co-manganese
-   3 000 metric tons for super-refined f erro-chromium .
The proposed rules of administration for these quotas do not require special
mention since they do not differ from those already adopted by the Council in
1975 in the same context .   Each of the quotas is therefore subdivided into
two tranches , the first being allocated among the Member States in proportion
to their respective needs , and the second constituting a Community reserve .
The setting up of a Community reserve is all the more justified in the present
circumstances since the draft Regulations provide that at first only those Member
States which at present have actual foreseeable needs should have a share .
Contrary to the solution adopted in previous years , the respective needs of the
Member States were not determined on the basis of the estimated needs put forward
by the Member States but according to the usual allocation criteria based on
previous imports from third countries , i.e. in this case , on the average for the
 last two or three years for which statistics are available , less the shares allocat .
of the contractual quotas opened at the beginning of 1976 , or drawn from the
 Community reserves set up .
 ---pagebreak--- 5. The quota duties adopted ior the autonomous increase in the tariff quotas
   for ferro-si Li con , ferro-si li co-manganese and supei– refined f erro-chromium
   in 1975 were respectively 7% ( instead of 10% ), 4% ( instead of 5.5% ) and 5.5%
   ( instead of 8% ) .
   It seems that in maintaining the quota duties at these levels for the proposed
   autonomous increases sufficient attention is being paid to the Community production
   situation in these sectors and to the need to encourage an increased supply in
   the Community .
 ---pagebreak---                                        Draft
                         COUNCIL REGULATION ( EEC )
       on the opening , allocation and aaraini strati on of an autonomous
       Comarunity tariff quota for 1975 for ferro-silicon falling within
        subhoading     73*02 0 of the Common Customs Tariff
THE COUNCIL OP THE' EUROPEAN COMMUNITIES ,
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 , as regards ferro-silicon falling within subheading       73.02 C of
the Common Customs Tariff , a conventional duty free Community tariff quota
of 20 000 metric tons has been opened by the Council for 1976 and allocated
among the Member States by Regulation (EEC) No 2880/75"1' of 29 October 197-3;
Whereas , bearing in mind present production capacity within the Community
       the above mentioned quota of 20 000 metric tons will not cover the
entire Community import requirements of ferro-silicon from third countries -,
whereas it is therefore desirable that an autonomous Community tariff ^uota
limited to 1 0 000 metrio tons be opened ;
                        whereas , so as not to prejudice Community development
prospects in the production area concerned , the quota duty applicable should
bo fixed at 7
 OJ Ko L   292 , 12 November 1975 . p . 12 .
 ---pagebreak--- Whereas eq^al and continuous access "to the quota should "be ensurod for all'
Ccr.u^anity importers and the ratq, of duty fcr the tariff quota shoul d *bs .
rpplied consistently to all impckrts of the product in question until the
quota is exhausted; whereas in the" li^ht of these principles arrangement s
for the utilization of the Community tariff quota "based on an allocation
amorg Member States would socm 1,0 "bs consistent tvith the Community natur©
of the quota; whereas in order that - it may correspond as closely as ,        ■
possible to the actual trond of the market in the product in question ,
allocation of the quota should "tie in proportion to the requirements of
the Xember States as caloulated "by referonco to statistics of imports from
third countries during a representative reference period and to the economic
outlook for the quota period in question;
 yhereas , durin« the Last three years for which statistics are fully
 available , the corresponding imports into each of the Member States were
 as follows :
                          1973           1974           1975     Average for
                                                                 the 3 years
 Bénélux               34 300            32 000      27 920        31 406
 Denmark                1  081              753          854          896
 Germany              103 936           119 029      84 764      102 506    .
 France                    548            1 100       1 955         1 201
 Ireland                     0              507          397          301
 Ita ly                18 380            29 536      22 088        23 331
 United Kingdom        10 355            28 460      21  849       20 388
 Total                169 lû'u          211 385     159 827       180 099
 Whereas in view of these factors , the foreseeable development of the ferro­
 silicon market in 1976 and the shares allocated in the tariff quota of
 20 000 metric tons opened by the aforementioned Regulation ( EEC ) No 2880/ 75 ,
 the initial percentage shares in the quota can be fixed as follows :
 ---pagebreak---                                             - 3 -
                    Bénélux                       11.53
                     Denmark                        0.46
                     Germany                   ■ 62.20
                     France                         0.72
                     Ireland                        0.03
                     Italy                        14.04
                    United Kingdom                11.02 ;
Wll01?3cU~3 * uO c - O c-CCOcLT* o O-u    j- 4.;lJ GX*X "l/ JT* >-• ÌCA' ^ rC».uCi/ ■„
■the quota should be divided into two tranches , tne first aoinj allocated
among the above mentioned ilenber States and the second held as a reserve to
cover subsequently the requirement 3 of Kember States v;hich have exhausted
their new shares ;.
                       whereas , to give importers scao degree of certainty , the
first tranche of the quota should be fixed at a relatively high io :ol which
could be 9 CCO metric tons ;
Whereas I<Ieiaber States zr.ay exhaust their initial shares at different rate -;
whereas to avoid disruption of supplies on "this account it should bo provided
that aoy Keisber State which has almost used' up its initial share should draw
an additional share from the reserve ; whereas each tias its additional
share is almost exhausted a liesber State should draw a farther share , and co
on as many tiiaies as the reserve a-^j- owsi
 ---pagebreak--- Uhorcas the initial sad additional rjharss- should oc valla until the end
 of the quota period ; vhoreas this fora of administration requires closs
 collaboration octwoon the J'esibor States and the CoasiBsion , and the
 Corjr.: 3 *^1. on inuiGt oo X-~ a pos,^ ^ on TO IcC'-Ti ^ CCGWJQL- G– J no c«rt» CNT WO *WNXCN
the quotas havo boon u«»d u;> and to inform the Sca'acr States accordingly ;
Whereas if at a ,>Lven date :ln the quota period a considcrabxe quantify
of a Kcaber State 's initial share remains uraicod "it is essential that
 such State shoulc! return a part of a Corr.mumty cjuota irom remaining unused
 in one Member State while it could be used in others ;
Whereas , since the Km^don of ilalgiua , the ICingdoa of the i'sthorianos and
tho Grand Duchy of Luxembourg are -united vrithin and jointly represented "by
the Benelux Economic Union , any measure concerning                              tho adnini at ration '
of the shares JLlocated to that Docnoaio union uay so carried cut "by any.
one of its aeaDers ,
                                           ' *
EiS £30PTSD ISIS ÏŒGULiTICÏ:
                                               Article 1
  1 . Frorn the date of entry into force of this Regulation until 2i December I , ; 6,
      a Community tariff quota of 10 000 metric tons shall be opened within the
       Community for ferro-silicon falling within subheading 73.02 of the Common
       Customs Tariff .
  2 . Within this quota, the C... - or. Customs Tariff duty shall be suspended at 77..
  3 . Within this quota , new Member States shall apply duties calculated in
       accordance with the relevant provisions of the Act of Accession .
 ---pagebreak---                                                             - 5 -
                                                          Article 2
   1 a            j..     ,          „   •            metric tons
   J-. -i xirsu « ronehe of            9 COO /o ^ +>!■; o                  -> -1 -> •,
       ,ff -
       iuP^nPT*  Duc-ies .     j. •»
                               1:nfl
                               ΐηβ     o «>1 r>
                                                      "       quota
                                                               ...» ...
                                                                          snail be allocated amongO the   CiiC
                                        :naros , . which' subject to Article 5 shall be valid
       until 31 December 157 6, shall be as follows ;
                                           Bénélux ,                   1 038        metric tons
                                           Deronark                        41       cet rie tons
                                           Geraany •                  5 598
                                                                      5  59b        metric tons
                                           France                         55
                                                                          65       metric tons
                                            Ireland                          3
                                                                             3     raotric tons
                                            ItaLy                     i 263        Ee'sric tons
                                            United Kingdom               99 ?       metric tons .
 2 . The second tranche of - 1 000 met ?»■!<*
                                                              oons srictli coîastx'fcuxô the reserve .
                                                        Article 3
•U As soon as                                   .
                      a                Kember State
                                             •"« VA
    90/o or iiors of its i n -; -m~ 1               -                                              has used
                          it - liu oiai snaro as fixed in * rt ^* 9,'iV '
    snare minus any portion' rot–ned to                                                     ^ )» or 01 that
    « shall forthwith by n0-i/-" ^ ** ******* pursilaJrt > Article 5 ,
    *>                  th_.acI'Zbiie
                                       2 s the
                                 "ne reserve so « armi-ts .
                                       rGKR-mro                   • ,                 x- ,
                                                                                           a'SMOnd silare;'
             rounded UP            w                   „ ■                ^aai ™ ^7' of its initial
                         ? a- *–«•«»• *> «. •»«* Bhoie nu™„.
                                                                                                    ./·
 ---pagebreak---  2 . As soon as       a      Member State , / after exhausting its initial share ,
     has used $0"/* or more of the second share drawn "by it , the Member State
     shall forthwith , in the maimer and to the extent provided in paragraph 1 ,
     draw a third chare equal to ^ of its irurcilal share .
 3. As soon as        a      Member State , after emanating its second share ,
   ' has used SOfo or more of the third -share' drawn by it , that Identer 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 .
4. Sy vay of derogation frcm paragraphs 1 to 3 > tho Member States may draw
                    I
     shares lower than tnoG© specified in those paragraphs if there are grounds
     for believing that those specified nay not "be used in fall . Any Member
     State applying this paragraph, shall inform the Commicsion of its grounds
     for so doing.                                                      * •
                                                                                •
                                                                              1 » '
                                                                                    .•
                                            .           ' *     ' '   '      '' "        '
                                     Artide 4 1 •                   •
Additional shares drawn pursuant to Article 3 shall DO va-iid until
31 December 197 6. \
                        ν .           . . .
                                     Article 5                                         .
The Kerch er States •                            shall return to the reserve , not
later than 1 November 1976(t the unused portion of their initial snare which,
 on 15 October 1976, is in (=£coess of 20 fa cf the initial volume . Thay may-
 return a creator portion i;* there are grounds for believing that such portion
may not bo used .
 ---pagebreak---                                                       _ 7   -
    vhose iIo,iber S«c.tcu sias.il i not later than J               Iscvenber 1J76 , notify the
     Commission cf the total quantities of the product in question imported up
    to and including 15 October 197 6 and charged against the Conur.ur.it;'- quota
     and of any portion cf their initial shares returned to the reserve .
                                                   A2?"uo.C1G Ô
    The Ccsacission shall hoop ai account of tne share 3 opened oy the Hcrsbcr
     b ircivC3          u '*> w .. nvu^.cj.w 2 ano 3        a^a sna^JL j as soon as ulae a.nxomiauXon
    reaches it , infer:.: each State of the extent ~:o which, the reserves have
     0G611 uSOu, Up .
                                         i
   It shall } not later than                > lloveraoer -916 , inform the Kesiber States of the
. amounts still in reserve following any return - of shares pursuant to
  Article         5»
    •i. c s^cbjil ensure vuuu -..-len c*n                              one d "one reserves is cra*^n
   the amount so drawn does not exceed the balance available , and to this end
    shall notify the amount of that balance 'to the Jieabsr State maicinj the
   last drawing .
                                                   Arti ci ^ 7
           livery Member State shell take all appropriate measures to ensure tna «
           additional shores drawn pursuant to                       Article 3                are
           opon-.o in grxch a way that import                   may be charged without interruption
           against its accumulated share of the relevant Community quota.
 , : £ . ' Every' ISember 2tc.tc shall ensure 'that importers of tr.S products . in question
           established in             territory lave 'free- ac-uosa to- tho : shares allocated
        3 . Every Member State shall charge import of the product in question against
             its shares as and when the product is entered with the customs authorities
             for home use .
 ---pagebreak---                                                                                                   *
                                             a
                                          mm i
  L   Tli© extent "to which &"I.rosber State haa used up its share o shall oo *
   •  determined on the Tsauis 'c> the iaporfc.    charged against those shares
       in accordance with paragraph 3 .
                                        Article S
  At the Commission 's request ,                     ; t-..e I'^-nhcr Spates Biull inform     ^
  it Of th© icocrt actually charged against tr.eir shares .                                 .   :
                                        Article  9 .
 Tiio Me^oer St ate 3 and the •Co/.raission ?hcul oocpcrato dcady "to cn-are that
 this Regulation is complied vfith.'                                             .
                                        Article 10         .....
 This He^ulation shall enter into foroe on the '            seventh      day follov.-in^ tha
 date of its publication in the Offioial Journal ot tho Eurooc£.a Coic^anitica .
Thi « Puliation ohall DO cindinj in it a entirety and diroctly tpplic&blo
in all Hembo ? States .           "• "•
Icna a - .Dru.ssel's>                                            For the Council ,.
   »•    *
                        • ; : .                                  -ho President     ' '•
 ---pagebreak---                                       Draft                              ......
                            COUNCIL REGULATION ( EEC )             •   -
            <                                     _        <
         on the opening , alloca"tion and administration of an autonomous
         Community tariff quota for 197 6 for ferro-silico-manganese
         falling within subheading' 73-02 D of the Common Customs Tariff
                        Ν
THE COUNCIL OP THE EUROPEAN COMMUNITIES V        \       \
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 , as regards ferro-silico -manganese falling within subheading
    73.02 D of the Common Customs Tariff , a conventional duty free Community
tariff <juota of 50 000 metric tons has been opened by the Council for 1976
and allocated among the Member States by Regulation (EEC ) Ho J- »           of
29 October     1975 ;               '
Whereas , bearing in mind present Community production capacity , the' above-
mentioned quota of 50 000 metric tons will not cover the entire Community
ir.port requirements of ferro-silico-manganese from third countries ; whereas
it is therefore desirable that an autonomous Community tariff'"quota limited
to 20 000 metric tons bo opened; >
          whereas , so as not to prejudice Community development prospects in
the production area concerned, the quota duty applicable should be fixed at
4 ck
_____                                                                        •/.
X0J l\o L 292 - 12 November 1975 , p . 14.
 ---pagebreak--- Whereas equal and continuous access to the quota should "be ensured for all
 Comaronity .Importers and thqi rate .of duty for the -tariff quota should ha
 applied consistently to all Imports of the product in question" until the
cuota is exhausted; whereas In the light of these principles arrangements
for the utilization of the Community tariff quota "based on an allocation
among Jlcraber States would seem to be consistent with the Community nature
cf the quota; whereas in order that it may correspond as closely as
possible to the actual trend of the market in the product in question , ■
allocation of the quota          vf "be in proportion to the requirements of
the Uesber States as calculated "by reference to statistics of imports . .
from third countries during a representative referenoe period and to the
economic outlook for tho quota period in question;          .
Whereas , during the Last three years for which statistics are fully available ,
the corresponding -imports into each of the Member States were as follows :
                                 1973               1974            1975     Average for
                                                                             the 3 years
Bénélux                         18 955             21 100         10 512       16 856
Denmark                               .0                 0             0            0
Germany                         71237              67 469        68 325        69 010
France                           1055                 521            557          711
Ireland                               0                  0            37           12
Italy             ,             18 166             22 475         13 415       18 018
United Kingdom ,                 4 579              3 020          2 694        3 431
Total                          113 992            114 585         95 540      108 038
Whereas in view of these factors, the foreseeable development of the ferro-si lico-
manganese market in 1976 and the shares allocated or drawn from the reserve under -
the tariff quota of 50 000 metric tons opened by - the aforementioned Regulation.
( EEC ) No 2881 / 75 , the initial percentages shares in the quota can be fixed as
follows :
 ---pagebreak---                                            - 3 -
                    Bénélux                  19.61
                     Germany                 50.25
                     France                   1.12
                     Italy                   26.59
                     United Kingdom            2.43 ;
   Whereas in the case of Denmark and Ireland their share in the initial quota of
  50 000 metric tons • and                                 __                   :
  the most recently available economic information and statistics do not justify at
   present their participation ; in the proposed increase in the Community         - ,
*                               .·      .                ·           .. · »
  tariff quota ; - whereas , moreover , should additional needs arise subsequently
  in these Member States they may have recourse to the procedure sot up under
  Article 3 of this Regulation ; whereas this system of allocation' al3o
  ensures the uniform application of the Common Customs Tariff ; . • .
  VJhareas ,. to take account of future import trends for the product concerned ,
  the quota should be divided into two tranches , the first being allocated
  among' the abovementioned Member States and the second , held as a reserve
  to cover subsequently the requirements of Member States which have exhausted •
  their new shares and any additional requirements which might arise in the
                                                        of Member States
  other Member States ; whereas , to give importers/ some degree of certainty ,
  the first tranche of the quota should be fixed at a relatively high level
  which could be 18 000 metric tons ;
  Whereas Member States may exhaust their initial shares 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 : '     "r
 ---pagebreak--- Vrr.areas the initial and additional shares should "be valid until the end           " k
of the quota period ; wherer^ this form of administration requires olose '■
collaboration "between the Meipber States and the Commission , and the       Λ
Commission must be in a position to keep aocount of the extent to which
the quotas have been used up and to inform the Member States accordingly ;
Whsreas if at a giveidate in the quota period a considerable quantity of a
llember Stato T s initial share remains unused it is essential - that such State
 should return a significant proportion thereof to the reserve in order to
 prevent a part of a Community quota from remaining unused in one Member State
 while it could be used in others ;
 Whereas , since the Kingdom o;F Belgium , the Kingdom of the Netherlands and
 the Grand Duchy of Luxembourg are united within and jointly represented by
 the Benelux Economic Union, }a*iy • measure concerning       of the administration
 of the shares allocated to tjiat Economic Union may bo earried out "by any
 one of its members j
 HAS ADOPTED THIS RECOMTIOlTs                ...                      .
                                        Article 1
  1 . From the date of entry into force of this Regulation until 31 December 1976
  a Community tariff quota of 20 000 metric tons shall be opened within the
  Cnmmunitv fnr fe rro-s i I i co-manganese falling within subheading 73.02 D of the
  Common Customs Tariff .
  2 . Within this quota , the Common Customs Tariff duty shall be suspended at 4% .
       «
  3 . Within this quota , new Member States shall apply duties calculated in accordance
  with the relevant provisions of the Act of Accession .
 ---pagebreak---                                        Article 2 ■   •
 1.    A first tranche of 18 000 metric tons of this quota shall - he allocated
 among certain Member States ;     the shares , which subject to Article 6 shall
 "be valid until .31 December . 197^ j shall "bo as follows :
                    Benelux         ....         -  3 530     , metric tons
                  • Germany                         9 045 __ metrio tons
                    Prance      ' . • :                202> , . metric tons
                    Italy                          .4 786       metric tons
                    United Kingdom       h             437      metric tons .
'2 . ' The second tranche of 2 000 metric tons shall constitute a reserve .
                                       Article 3
 Should ferro-silico-manganese he . required in Denmark and Ireland , these .
 Member States shall draw a sufficient share from the reserve to the
 extent that the reserve so permits .
                                       Article ft >                     ,'
 1.    As soon as one of the . Member States referred to 'in Article 2 has
 used 90$ OT more of its initial share as fixed in Article 2(l ), or of
 that share minus any portion returned to the reserve pursuant to
 Article 6 , it shall forthwith , by notifying the Commission, draw a
 second share ? to the extent that . the reserve so permits , equal to 10$
         t
'ox its initial snare rounded up as necessary to the next whole nucioer .
 ---pagebreak---  2.  As soon as one of the Member States , after exhausting one of it3
 initial shares , has used 90r> 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 one of the Member States , after exhausting its second share ,
hec usod ^Ofo or moro of the third share drawn by it , that Member State
 shall, in the manner and to tho extent provided in paragraph 1 , draw a
fourth share equal to the third .
                   ,      ·ν    I            ·   .
It shall continue in this fashion until the reserve is exhausted .           "   .
4.      way of derogation from paragraphs 1    to 3 » the Member States may draw
shares lower than those specified in those     paragraphs if there aro grounds
for believing that those specified may not     be used in full .    Any
Member State applying' this paragraph shall    inform tho Commission of its
grounds for so doing.        ■
                                    Article 5
Additional shares drawn pursuant to Article 4 shall be valid until
31 December 1976#              v ..
                                    Article 6
 The Member States referred to in Artiole 2 shall return to the reserve ,, not
 later than 1 November 1976,the unused portion of their initial share which,
 on 15 October 197 is is. excess of 20 $ of the initial amount . They may
 return a greater - portion, if there aro grounds for believing that suoh portion
 may not be used .                                             '
 ---pagebreak--- Those Member States shall , not later than 1         November 197° ? notify the
Commission of the total quantities of the product in question imported'
up to and including 15 October 1976 and charged against the Cossunity
quota and of any portion of their initial shares returned to the reserve »
                                      Article 1
The Commission shall keep an account of the shares opened ay the Kenoer
States pursuant to Articles 2 , 3 end 4 and shall , as soon as the information
reaches it , inform each State of the extent to which . tho reserves have been
used up .
It shall , not later than      5 November .1976 ,. inform tho Member States of tho
amounts still in reserve following any. return of shares pursuant to ' , '
Article 6 .
It shall ensure that when an amount exhausting one of the reserves 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 salting
the last drawing .                                                    .     . ,   '
                                      Article 8
1*    Every i-.crnocr State shalJ. take all appropriate measures to onsure . that
additional shares drawn pursuant to either Article 3 or Article 4 - are
opened in such a way that ixspor't           may bo charged without interruption
agc .inst its accumulated share of the relevant . 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 .
                                                                                    /
                                                                                  i
                                                                                */ •
 ---pagebreak--- 3 . F.vcry lumber State shall, chargo import'                of tho product in question
 against its shares as and. wl;hen tho-produot is entered with tho customs
 authorities for home use .
                                                    , »                               »
4.   The extent to which a Jiomber State has used up its shares shall ba
determined on the basis of 1;ho importat                charged against those shares
 in accordance with paragraph 3 *                 '      ■          "
                                     Article 9
  At the Commission 's request , the Member States shall inform it of the
  imports actuaLly charged against their shares .
                                   Article 10
                                                                    1        ♦
Tho Member States and the Commission shall cooperate cloaoly to onsuro
that this Regulation is complied with .
                                                              \
                             •    Article 11
                                  *ΤΙΜΜΜ|··««ΜΜ·Μ
This Regulation shall onter into, fo.rco on the seventh                 day following the
date of its publication in tho Offioial Journal of the European Communities#
This Regulation shall bo binding in its entirety and. directly applicable ■
in all Momber - Statos » ' '    '
2>ono at' Brussels , •
                                                                Por the Council
                                                                The President . .
 ---pagebreak---                                         Draft
                                  COUNCIL REGULATION ( EEC )
                                                                              *s
  on the opening, allocation and administration of an' autonomous Community
  tariff quota for 197 6 for bup er-re fined ferro -chromium falling1 within
 subheading ex 73*02 3 I of the Common Customs Tariff
• THE COUNCIL OP THE EUROPEAN COlBSUUITHiS , '
  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 , as regards ferro–chromium
                              O
                                        containing by weight not more than
  0.1 0/o of carbon and more than 30% but not more than $0% of chromium
  ( super ^ refined ferro-chromium) falling within subheading     ex. 73.0221
  of the Common Customs Tariff , a conventional duty–free Community tariff
  quota of 3 000 metric tons has been opened by the Council for 1976 and
  allocated among the Member States by Regulation (EGG) ]So28S2/7'5 ^ of
  29 October 1975 ;
  Whereas , bearing in mind present capacity , Community production together with
  the abovement ioned quota of 3 000 metric tons should cover the entire Community
            requirements of this product'                        whereas it is ,
  however , desirable , in order to avoid unduly disrupting traditional patterns
 of trade between Member States and third countries , that an autonomous Community
  tariff quota be opened and its volume limited to 3 000 metric tons so as not
  to jeopardize Community development prospects in the production sector concerned
  whereas for the same reasons the quota duty applicable should be fixed at 5.5% ;
    0J No L 292 , 12 November 1975 , p.17 .
 ---pagebreak---   V.'r.Groas equal and continuous excess to tho quota should *00 ensured for
   all Community importers and tho rata of duty for tho 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 principlos , arrangements
   for the utilization of the Community tariff quota based on an allocation
   cmor.g fenbor States would seem to "bo consistent with the Community nature
' of the quota ; whereas in order that it may correspond as closely as
  possible to the actual trend of the market in the product in question,
  allocation of the quota must bo in proportion to tha requirements of the
  Member States as calculated by reference to tha statistics of imports •
  from third countries during 3, representative reference period and to the
  econonio outlook for the quota period in question ;
  '■'hereas , during the Last three years for which statistics aro fully available ,
  the corresponding imports into each of the Member States were . as follows :
                                        1973             1974           1975     Average for
                                                                                 1974 & 1975
  Bénélux                              1 050            2 200          3 457         2 829
  Denmark                                 60               20             50   •        35
                                             *
  Germany                             59 972           13 800         16 331        15 066
  France                                 800            3 000            100         2 550
  Ireland                                  0               18              5            12
  Italy                                5 000            5 643          5 856         5 752
  United Kingdom                       7 225            5 464          7 858         6 661
  Total                               74 107           32 150         33 657        32 905
    Ferro-chromium in general
  Whereas in view of these factors , the foreseeable development of the super-
  refined ferro-chromium market in 1976 and the allocated shares of the tariff
  quota of 5 000 metric tons opened by the aforementioned Regulation ( EEC )
  No 2882 / 75 , 1 , 0 ■| 'v : L \'al percentage shares in the quota volume can be fixed
  as follows :•
 ---pagebreak---                            Bénélux                   8.89
                           Denmark                   0.08
                           Germany                  49.76
                           France                    8.49
                           Ireland                   0.04
                           Italy                    10.80
                          United Kingdom            21.94 ;
Whereas , to take account of future import trends for the product concsrned ,
the quota should oe divided into tv;o tranches , the first 'being allocated .
among the             -        ^ liemoer States and tho second held as a reserve
to cover su ase quontiy tho requirements of Member States which have exhausted
their new shares ;
                   ' where as j to give isporters some degree of certainty , the
first" Tranche" of the quota should "be fixed at a relatively high level which
could "be 2 400 netric tens ;
Ivhsre as Member States may exhaust their initial shares at different rates ;
whereas to avoid disruption of supplies on this account it should *oo provided
that any Mother State which has almost used up its initial share should draw
an additional share froci the reserve ; whereas each tise its additional share
is almost exhausted c. Moabcr State should draw a further share . ana so on . as
r.i.'^y tiv.es as the reserve allows ;     whereas tho initial and additional shares
should "be valid until xhe ; end of the quota period ;      whereas this fora of
adaisis-sratioa requires close collaboration "between. -the Ker-Vbcr States and the
 ---pagebreak---   Commission, and "the Commission .oust oo in a position to keep account of the
  extent to which the quotas have « "been usod up end to" 'inform the Xlember States
  accordingly ;        '        >        '     ■                            *
                    ν
  Whereas if at a given date m the quota perioa a considerable quantity of
  a Ilcmber State 's initial share remains unused it is essential , to prevent
  a ■Dart of a quota from recliiining unused in one Member State while it could      *•
  be used in others , that suoh State should return a significant proportion
  thereof to the reserve :
                                                 «
  fthereas , since the Kin£dom of Belgium , the Kingdom of the Netherlands and
  the Grand Duchy of Luxembourg are united within and jointly represented
  hy the Benelux Economic Un;|.on , any measure concerning          the
  administration of the shares allocated to that Economic Union jaay "be
                                       r
  carried out by one of its ^embers
" HAS £DO?TZD THIS PJLGULATIOtf:
                                           Article 1                               <
   1 . From the date of entry into force of this Regulation to 31 Decerber 19?6?
   a Community tariff quota of 3 000 metric tons shall be opened within the
   Community for ferro-chromium containing by weight not more than 0.10% of
   carbon and more than 30% but not more than 90% of chromium ( supei– refined
   ferro-chromium ) falling within subheading ex 73.02 E I of the Common Customs
   Tari f f .
   2 . . Within this quota , the Common Customs Tariff duty shall be suspended at
   5.5% .
   3 . Within this quota , new Member States shall aplly duties calculated in
   accordance with the relevant provisions of the Act of Accession .
 ---pagebreak---                                           s -
                                        Article 2
  1 . A first tranche of 2 400 'me*fcrio tons cf this cfaota shall . be allocated
  among     the ■ Member States ; the shares , which subject to .Article 5 shall
  be valid until 31 December 1976 , shall be as follows :
                           Benelux .         s         213 metric tone
                           Beiiinark         :           2 metric tons
                           Germany           :       1 194 metric tons
                           France            :   '     204 metric tons
                           Ireland           ; .         1 metric ton
                            Italy -          •         259 metric tons
                           United Kingdom :            527 metric tons .
  2.    The second tranche of   600   metric tons shall constitute a reserve .
                                       Article     3
 1 . - As soon as  a          ifcsbor State                              lias used '
''9<$ or more of its initial share as fixed . in Article 2(l),.or of that share
 minus any portion returned to the reserve pursuant to Article 5 3 it shall
 forthwith , by notifying the Commission, draxv a second share , to the extent
 that tho reserve so permits , equal to IO70 of its initial share rounded up
 as necessary to tho next whole number#
                                                                                ./•
 ---pagebreak---  2 . A3 soon as      a       Mciabor State , aftor exhausting its initial sh/vro ,
 has used $of or nor© of the pooond share dram "by it , that Kembor Stato
 shall forthwith, ' in the nannpr and to the extent provided in paragraph-1 ,
 draw a third share equal to pfi of its initial share .
 3 . As soon aa      a       Ileiabor Stato , after exhausting its seoond share , ■
 has used JCjo or more of the third share drawn "by it , that Member State
 shall , . in the manner and to the ©stent provided in paragraph 1 , draw a
 fourth share equal to the third , ,
 It shall continue in this fashion until the reserve is exhausted .
         i/zy of derogation fro;o paragraphs 1 to 3 » the Member States - may draw
 shares loxver than those specified in those paragraphs if there are grounds
 for "believing that those specifiod may not be used in full . Any Member
Stato applying this paragraph shall inform the Commission of its grounds for
so doing.
 ■             ■         • '           ' Article 4
Additional shares drawn pursuant to Article 3 shall be valid until 31 Deoember 1976
                                         Article 5
 Tne ^.ember States                             ) shall return to the reserve, not   •
.later than 1 November 197 6, the unused portion of their initial share which,
 on 15 October 1976 , is in ea;oess of 20 % of the initial amount . They may
 return a greater- portion if there arc grounds for believing that cuch portion
 ixy not bo used in full .                                   *                      'l
 ---pagebreak---                                            - 7 -
                                      ....    *
Those Kembor St at c s shall , no's later than 1      iTovembar 1976   notify the
Commission of the total quantities of the product in question imported up to and
 including 15 October 197 6 and charged against the Community Quota and of any
-oortion 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 5 as soon as the information
reaches it 7 inform each State of the extent to T.;hich the reserves have
been used up .
It shall , not later than     5 November 1976 3 inform the Member States of
the amounts still in reserve following any return of shares pursuant to
Article 5 .
It shall ensure that v/hen an amount exhausting one of the reserves is
dravn the amount so drawn does not exceed the balance available } and to 1
this end shall notify the amount of that balance to the Member State mailing
the last drawing.                            ' .
                                           Article 7
1.   Every x'emocr State shall take all appropriate measures to ensure that
additional shares drawn • pursuant to                Article 3               arc
opened in such a way that importations may be charged without interruption
against its accumulated share of the relevant Community quota .
2»   Svery Kember 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 xihioh a Member State has used up its shares shall be
determined on the basis of the importations of the product in question
 entered for home ua-3 .
 ---pagebreak--- Or-' receipt oi* 3, GCTU.{5 jTpoin. "fciio Cofrnrd-SGio^iy "t /ic XCGITIOG j? Si/ 2. o G 3 SIICLIj. no*fcix^y
it of "the importations charged against uiieir snar^.
                                            Article 9
The Kenber States and the Coarr.ission shall cooperate closely to ensure that
this Regala"cion is complied \jith *
                                            Article 10
This Regulation shall enter into force on                tho       seventh             day following tne
date of its publication in the Official Journal of the European Concranities . •
This Regulation shall "be binding in its entirety and directly applicable in
all Member States#
Done at Brussels ,            ..          ....
                            •                                               For tho Council
                                                                            The President