CELEX: 51982PC0408
Language: en
Date: 1982-06-24
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of an autonomous Community tariff quota for ferro-chromium containing not less than 6% by weight of carbon, falling under 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 (82) 408
Vol. 1982/0136
 ---pagebreak--- Disclaimer
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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
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                            COM(82)408   final
                                                            Brussels , 24 June 1982
                                          Proposal for a
                                     COUNCIL REGULATION ( EEC )
                            N              .     -
                           ^     e, :.o      Vj?   » ■ "* »
                                                        J\
                opening, allocating and providing for the administration
                       \ - f;      r                ■ - )
                of an autonomous Community tariff quota for ferro-chromium
                containing not Less than 6% by weight of carbon , falling
                under subheading ex 73.02 E I of the Common Customs Tariff
                              ( submitted to the Council by the Commission )
COM ( 82 ) **08 final
 ---pagebreak---                                   EXPLANATORY   MEMORANDUM
 1 . Following the discussions which took place during the Industry
      Council meeting on 8 June 1982 the Commission Services have
      been encouraged to renew their efforts to find a satisfactory solu­
      tion to the problem of - disposing   of Community production of high
      carbon ferro-chrome , In the event of a successful outcome it is
      intended to submit to the Council a draft regulation opening a
     duty-free quota covering imports requirements from third countries
     for the second half of 1982 . The draft should be adopted as an " A "
     point by the Industry Council at the end of June 1982 .
2 . Pending the outcome of negotiations to ensure the disposal of Com­
     munity production of this product , the annexed draft regulation
     should provide a basis which will enable the timely adoption of the
     decision to be taken by the Council .
     Evidently - this draft will have to be withdrawn if .
                                              t
                                                                       it beco­
     mes apparent that the necessary assurances cannot be obtained .
3 . The volume of the tariff quota proposed for the second half of 1982
     corresponds to import requirements from third countries , based on the
     available data relating to consumption , production and the possibility
    of duty-free supply under other preferential tariff regimes . The
    need to avoid prejudging the tariff regime for 1983 has been taken
     into account .
    On the basis of this information the Commission proposes to fix the
    volume of this quota at a provisional level of 100,000 tonnes and to
    review the position , if necessary , during the       course of the exercise if
    it appears that this amount is clearly insufficient .
    This amount of 100,000 tonnes will be
                                                            reserved for ferro­
    chrome containing 6'/. or more of carbon .                     It ' will be
              subdivided into 2 tranches . The first tranche will be allo­
    cated among the Member States pro rata to their forecast requirements ,
    and the second tranche     will constitute a Community reserve .
 ---pagebreak---                                              Proposal for a
                                      COUNCIL REGULATION (EEC)
                 opening, allocating and administering a Community tariff quota for ferro­
                 chromium containing not less than 6 % by weight of carbon, falling within
                 subheading ex 73.02 E I of the Common Customs Tariff,
   THE COUNCIL OF THE EUROPEAN                              consistently to all imports until the quota is
   COMMUNITIES,                                             exhausted ; whereas, in the light of these principles,
                                                            arrangements for the utilization of the tariff quota
                                                            based on an allocation among Member States would
   Having regard to the Treaty establishing the European    seem to be consistent with the Community nature of
   Economic Community, and in particular Article 28         the quota ; whereas, to correspond as closely as
   thereof,                                                 possible to the actual trend in the market in the
                                                            product in question, allocation of the quota should be
                                                            in proportion to the requirements of the Member
                                                            States as calculated by reference to statistics of imports
   Having regard to the draft Regulation submitted by       from third countries during a representative reference
   the Commission,                                          period and to the economic outlook for the iquota
                                                            period in question ;
   whereas for ferro-chromium containing not less than
   6% by weight of carbon, Community production is,
   to a variable degree, inadequate and producers are       Whereas, however, since the quota is an autonomous
   unable to meet the total requirements of consumer        Community tariff quota intended to cover import
   industries ; whereas it is therefore in the Community's
                                                            needs arising in the "Community, it may, '
   interest to suspend totally in respect of this metal the         be allocated on the basis of the temporary
   application of the Common Customs Tariff duty for a      import needs from third countries expressed by each
   period running from 1 July to 31 December 198 2 ,        of the Member States ; whereas this system of alloca­
   within a suitable tariff quota ; whereas, in order to
                                                            tion also ensures the uniform application of the
   avoid disturbing the equilibrium of the market for this  Common Customs Tariff ;
   ferro-alloy and to ensure parallel development in sales
   of Community production and in supplies to meet the
   requirements of consumer industries, it is appropriate
   to fix the quota volume at the provisional level of
1 0 0 000 tonnes, covering immediate import needs from      Whereas, to take account of future import trends for
   third countries ; whereas the fixing of this amount,     the product concerned, the quota should be divided
   based on conservative estimates, does not preclude       into two instalments, the first being allocated among
   future adjustment in line with changes in the situa­     the Member States and the second held as a reserve to
   tion ; whereas, moreover, Member States should be        cover subsequently the requirements of Member States
   free to authorize charges to be made against this        which have exhausted their initial shares and any addi­
   volume only subject to certain conditions relating to    tional requirements which might arise in the other
   use ;                                                    Member States ; whereas, to give importers of the
                                                            Member States some degree of certainty, the first
                                                            instalment of the tariff quota should be fixed at a rela­
                                                             tively high level which could be 90000 tonnes ;
                                                             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
    Whereas equal and continuous access to the quota         almost exhausted a Member State should draw a
    should be ensured for all Community importers and        further share, and so on as many times as the reserve
    the rate of duty for the tariff quota should be applied  allows ; whereas the initial and additional shares
 ---pagebreak--- should be valid until the end of the quota period ;            Benelux                    5 724      tonnes
whereas this form of administration requires close             Denmark                         18    tonnes
collaboration between the Member States and the                Gerpiany                 35 802       tonnes
Commission and the Commission must be in a posi­               Greece                          18    tonnes
tion to keep account of the extent to which the quotas         France                   21 888       tonnes
have been used up and to inform the Member States              Ireland                        Ì8     connes
accordingly ;                                                  Italy                    15 201       tonnes
                                                               United Kingdom^          11 331       tonnes .
Whereas, if at a given date in the quota period a
considerable quantity of a Member State's initial share  2.     The second instalment ofl 0 000 tonnes shall
remains unused, it is essential that such State should   Constitute the reserve.
return a significant proportion thereof to the reserve,
in order to prevent a part of a quota from remaining
unused in one Member State while it could be used in                             Article 3
others ;
                                                         1.     As soon as one of the Member States referred to
Whereas, since the Kingdom of Belgium, the               in Article 2 has used 90 % or more of its initial share
Kingdom of the Netherlands and the Grand Duchy of        as fixed in Article 2 (1 ), or of that share minus any
Luxembourg are united within and jointly represented     portion returned to the reserve pursuant to Article 5,
by the Benelux Economic Union, any measure               it shall forthwith, by notifying the Commission, draw
concerning the administration of the shares allocated    a second share, to the extent that the reserve so
to that Economic Union may be carried out by any         permits, equal to 10 % of its initial share rounded up
one of its members,
                                                         as necessary to the next whole number.
                                                         2.     As soon as one of the Member States, after
HAS ADOPTED THIS REGULATION :                            exhausting its initial share, has used 90 % or more of
                                                         the second share drawn by it, that Member State shall
                       Article I                         forthwith, in the manner and to the extent provided
                                                         in paragraph 1 , draw a third share equal to 5 % of its
                                                         initial share.
 1 . From 1 July to 31 December 1 982 a tariff quota
of 1 03)00 tonnes shall be opened within the Commu­
nity in respect of ferro-chromium containing not less    3.     As soon as one of the Member States, after
than 6 % by weight of carbon falling within              exhausting its second share, has used 90 % or more of
subheading ex 73.02 E I of the Common Customs            the third share drawn by it, that Member State shall
Tariff.                                                  forthwith and on the same conditions draw a fourth
                                                         share equal to the third.
                                                         This process shall continue until the reserve is
                                                         exhausted.
                                                         4. Notwithstanding paragraphs 1 to 3, a Member
                                                         State may draw shares lower than those specified in
                                                         those paragraphs if there are grounds for believing
                                                         that those specified may not be used in full. Any
  2 . Imports of the products in question, which         Member State applying this paragraph shall inform
 already benefit from exemption from customs duties      the Commission of its grounds for so doing.
 under another preferential tariff system, are not to be
 charged against this tariff quota.
                                                                                 Article 4
  3 - Within this quota, the customs tariff duty shall
 be totally suspended. Within the context of this quota  Additional shares drawn pursuant to Article 3 shall be
 Greece shall apply customs duties calculated in accor­  valid until 31 December 1982-
 dance with the relevant provisions laid down in the
 1979 Act of Accession .
                                   «
                                                                                 Article 5
                        Article 2
                                                         The Member States shall not later than 1 November
 1.    A first instalment of 90000 tonnes of this         1982 return to the reserve the unused portion of their
 Community tariff quota shall be allocated among the     initial share which on 1 5 October 1 982 exceeds 20 %
 Member States ; the shares, which subject to Article 5, of the initial amount. They may return a greater
 shall be valid until 31 December 1 98 2 ,shall be as    portion if there are grounds for believing that such
 follows :                                               portion may not be used in full.
 ---pagebreak---                                                         - 3 -
Not later than 1 November 198 2 /the Member States                                    Article 8
shall notify the Commission of the total quantities of        1.    The Member States shall take all appropriate
the products in question imported up to and                   measures   to   ensure   that  additonal  shares  drawn
including 15 October 198' 2 and charged against the           pursuant to Article 3 are opened in such a way that
Community quota and of any portion of their initial           imports may be charged without interruption against
shares returned to the reserve.
                                                              their accumulated share of the tariff quota.
                        Article 6                             2. The Member States shall ensure that importers
                                                              of the product in question established in their terri­
Member States may restrict the product in question            tories have free access to the shares allocated to them .
which may be charged against their quota shares to            3.    The extent to which the Member States have
products to be used for certain purposes. ,
                                                              used up their shares shall be determined on the basis
                        Article 7                             of imports of the product in question entered with the
                                                              customs authorities for free circulation.
The Commission shall keep an account of the shares
                                                                                      Article 9
opened by the Member States pursuant to Articles 2
and 3 and shall, as soon as the information reaches it,       At the request of the Commission, the Member States
inform each State of the extent to which the reserve
                                                              shall inform it of imports charged against their shares.
has been used up.
Not later than 5 November 198 2 it shall inform the                                   Article 10
Member     States   of the  amounts   still  in reserve       The    Member    States   and   the  Commission     shall
following any return of shares pursuant to Article 5.         cooperate closely to ensure that this Regulation is
It shall ensure that when an amount exhausting the            complied with.
reserve is drawn, the amount so drawn does not
                                                                                      Article 11
exceed the balance available, and to this end shall
notify the amount of that balance to the Member State         This Regulation shall enter into force on 1 January
making the last drawing.                                      1982 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at
                                            . 1982 .
                                                                          For the Council
                                                                           The President