CELEX: 51975PC0279
Language: en
Date: 1975-06-13
Title: Draft REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of an autonomous Community tariff quota for 1975 for ferro-silicon falling within subheading No 73.02 C of the Common Customs Tariff#Draft REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of an autonomous Community tariff quota for 1975 for ferro-silico-manganese falling within subheading No 73.02 D of the Common Customs Tariff#Draft REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of an autonoumous Community tariff quota for 1975 for ferro-chromium containing not more than 0.10% by weight of carbon and more than 30% but not exceeding 90% inclusive by weight of chromium (super refined ferro-chromium) falling within subheading No ex 73.02EI of the Common Customs Tariff#Draft REGULATION (EEC) OF THE COUNCIL on the increase in volume of the Community tariff quota opened for 1975 for ferro-chromium containing not less than 4% by weight of carbon falling within subheading No ex 73.02 E I of the Common Customs Tariff (submitted to the Council by the Commission)

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COM (75) 279
Vol. 1975/0098
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM(75 ) 279 final
                                          Bruxelles , 13 June 1975
                              Dràft
                REGULATION ( EEC ) OF THE COUNCIL
 on the opening , allocation and administration of an autonomous
 Community tariff quota for 1975 for ferro-silicon falling within
 subheading No 73.02 C of the Common Customs Tariff
                              Draft
                REGULATION ( EEC ) OP THE COUNCIL
 on the opening , allocation and administration of an autonomous
 Community tariff quota for 1975 for ferro -silico-manganese
 falling within subheading No 73.02 D of the Common Customs
 Tariff
                              Draft
                REGULATION ( EEC ) OF THE COUNCIL
 on the opening , allocation and administration of an autonoumous
 Community tariff quota for 1975 for ferro-chromium containing
 not more than 0.10% by weight of carbon and more than 30% but
 not exceeding 90% inclusive by weight of chromium ( super refined
 ferro-chromium ) falling within subheading No ex 73.02EI of the
 Common Customs Tariff                   ■ y           ,
                              Draft                               ^
                REGULATION / EEC ) OP THE COUNCIL
 on the increase m volume of the Community tariff quota opened
 for 1975 for ferro-chromium containing not' less than 4% by weight
 of carbon falling within subheading No ex 73.02 E I of the
 Common Customs Tariff
        ( submitted to the Council by the Commission )
 COM(75 ) 279 final
 ---pagebreak---                              EXPLàMTORY ICEMORAUTUM
                                                                                            1
 1 . The draft Regulations annexed hereto follow requests from certain
                                                                                   • • ' i -i
     Member States that autonomous Community tariff quotas be opened or                ■ ■ j 'j
 increased for 1975 for ferro-silicon, ferro-silico-manganese, super- ■ '                  |j
      refined ferro–chromium and high carbon ferro–chromium .
2 . Theroquests concerned were studied , in particular , at consultations
     with experts from all the Member States held on 17 April       1975 on
     the basis of economic information and forecasts supplied by the
     competent bodies .    In this context it must be mentioned , as the
     Commission has already done mazy times , that as far as autonomous
     Community tariff quotas are concerned it is insufficient simply to
     open quotas to meet estimated import needs from third countries .
     This' procedure is , in fact , liable to disrupt Community production or ,
     even to discourage further development, in this sector.     This fact is
     all the more true in the present circumstances since a study was made
     of these raw materials on the Community market at the be^inninc of this
     year on the basis of forecasts which , civen the uncertainty surrounding
     all sectors of Community production , could be significantly changed during 1975 *
     These' factors were taken into consideration xvhen each product was
     studied .           '
3 . Prom economic forecasts supplied at that meeting Community tables may
     be drawn up in respect of each of the products concerned as follows : .
 ---pagebreak---                                                    - 2 -
              Description   Consump–    Produc- Âbnormal    Inward    Imports    Exports   Quota
                            tion       tion     stocks      Proces-   from       to        openea
                                                on          sing      third      third     1.1.75
                                                31.12.74    Traffic   countries  countries
                                                                      at or
                                                                      below
                                                                      quota
                                                                      duty rate
                                                                      adopt ed
                                          - m metric tons             for 1974
  Ferro silicon            503 600   315 000      3 000    3 000     118 000      46 000
  Ferro-silico–
     manganèse             194 100     82 000              3 000       43 100      2 000
  Super-refined
  ferro-chrome             156 411   119 400               1 000       14 200      3 200
. High-carbon
  f err o-cr omium         211 160   169 400    12 800     1 000    –-15 530       9 500
               Community import requirements from third countries calculated in the usual
               manner from the above figures show the following deficits and surpluses :
               – ferro-silicon ••                       surplus of   1 400 metric tons
               - ferro-sili co-manganese                deficit of 14 000 metric tons
               - super-refined ferro -chromium         deficit of 15 oil metric tons
               - high carbon ferro-chromium            deficit of 34 630 metric tons-.
               It should be noted that , in view of the increased demand for these products
               as a ferro-alloys owing to the increase in steel production and of the
               present comparatively stable capacity of Community production, there is
               no guarantee that in 1975 the requirements of consumer industries will be
               met on the scale indicated by the above figures by deliveries from the
               Community and especially from countries for which a quota duty rate is
               applied which is equal to or less than that adopted for the autonomous quotas
               agreed for 1974 .   This seems all the more true because in the past final
 ---pagebreak---                                                3
          assesments of these metals have always shown a relatively high deficit .
          Furthermore , traditional trading arrangements particularly between the
          new Member States and certain third countries should not he disrupted
          unduly, particularly since such trade was granted total or partial
          reductions in customs duties until the end of 1974 • Moreover , "by
          reason of the uncertainties which affect all sectors of Community
          production and consumption, it is desirable , so as not to disturb
          the sector of production, to show prudence in fixing the amounts of
          the autonomous quotas , even if it means re–examining the ferro-alloy
          markets situation at a more later stage in the year on more precise
          economic data . For this reason the Commission proposes that an
          autonomous tariff quota be opened at a reduced rate of duty fixed :
          - at 15 000 metric tons for ferro-silicon
          - at 14 000 metric tons for ferro-silico-manganese
          - at 14 330 metric tons for super-refined ferro-chrome
          end' an inorease of 20 000 metric tons in the autonomous tariff quota
          opened 1 January 1975 ^or high-carbon ferro-chromium .
4 . The proposed rules of administration for'ferro-silico-manganese, which'
    involve , inter alia , the setting up of a r6s,erve , do not require special ' .
    mention since they do not differ from those already proposed and upheld
    by the Council for autonomous increases and the opening of contractual
    quotas already referred to for this ferro-alloy . 1 The Commission believes
    that each of the quotas for ferro-silicon and the two qualities of ferro­
    chromium should , on account of the size 'of the proposed quotas compared      '
    with the actual import needs from third' countries , be 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 justified all the more in the
    present circumstanoes since the draft Regulations annexed hereto provide
    that at first only those Member States which at present have actual fore­
    seeable. needs should share in the increase .  The Commission is however aware
    of the problems posed by the evolution of these needs and: consequently reserves
    the right , to alter the draft regulations later in the light of necessities . '
                                                                                     •/
 ---pagebreak---                                             4
5 . The quota duties adopted for the autonomous increase in the tariff quotas
     for ferro–silicon and ferro–silico-manganese in 1974 were respectively 7%
     ( instead of 10%), A-% ( instead of 5»5 f°) ani 5«5% ( instead of 8%),
     It seems that in maintaining the quota duties at 1% ( for ferro-silicon),
    4 ( for ferro-silico–manganese ) and 5»5 !a ( for super-refined ferro-chromium)
    respectively for the proposed autonomous increase sufficient attention is
    "being paid to the Community production situation in these sectors and to
    the need to encourage the laying in of supplies in the Community .
     The Commission believes that in view of the special situation of the
     market in high-carbon ferro–chromium and of the fact that it is an increase
     in the Community tariff quota already opened , the quota duty rate should be
     maintained   at zero .
 ---pagebreak---                                                                AK'TEX A
                                       Draft
                 REGULATION (EEC ) Ho     /?4 OF THE CODICIL
                               of                    ■
        on the opening , allocation and administration of an autonomous
        Community tariff quota for 1975 for ferro-silicon falling within
        subheading Ho 73*02 C 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 No 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 1974 and allocated :
among the Member States by Regulation (EEC) No 2423/74^         23 September 1974
                                  ;; 1                 ...       ..."    •      • « *
Whereas , bearing in mind present production capacity within the Community
and the large increase in ferro-silicon required for the manufacture of
steel , 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 quota •
limited to 1 5 000 metric tons be opened;      whereas the fixing at this new
level of the quota amount does not exclude a new adjustment in the course
of the quota period ; whereas , so as not to prejudice Community development -
prospects in the production area concerned, the quota duty applicable should
be fixed at 7i°\
 OJ No L 261 , 27 September 1974 * P * 16 »                             ./
 ---pagebreak---                                                               AMEX A
Whereas eqnal and continuous access "to the quota should, "be ensured for all
Community importers and the rate of duty for the tariff quota should "be
rpplied consistently to all imports of the product in question until the
quota is exhausted ;   whereas in the light of these principles arrangements
for the utilization of the Community tariff quota "based on an allocation
among Member States would seem to "be 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 should "be in proportion to the requirements of
the Member States as calculated "by referenco to statistics of imports from
third countries during a representative reference period and to the economic
outlook for the quota period in question ;
Whereas , on the "basis of statistics available at the . time and allowing for
the foreseeable development of the ferro-silicon market during the current
year , the tariff quota of 20 000 metric tons opened by the aforementioned
Regulation was allocated in the following percentages :
               Beneluz        64.75
            ■ Denmark          0.75
               Germany        15.00
               Prance          0.25
               Ireland         1.25
            ' Italy            4.25
               United Kingdom 13 - 75 5
Whereas , since the quota is' an. autonomous Community tariff quota intended
to cover additional import needs arising in the Community , the allocation
of the additional share may be made on the basis of the actual needs
 ---pagebreak---                                                                mv?x A
  expressed, by each of the Member States ; whereas Denmark , the United Kingdom,
  the Federal Republic of Germany and the three Member States comprising the
  Benelux Economic Union have stated that they require further supplies of 985 ,
  11 000 , 24 000 and 37 550 metric tons respectively ; whereas the further needs
  of France and Italy may be estimated respectively at 400 and 1 000 metric tons
  whereas according to the most recently available economic information and
  statistics , Ireland has not used up enough of its share of the initial
quota of 20 000 metric tons opened by the above-mentioned Regulation to
 justify   its  participation at present in the Community tariff quota ;
whereas , moreover , should additional needs arise subsequently in this
Member State    it    may have recourse to the procedure set up in Article 3   ■
of this Regulation ;    whereas this system of allocation also ensures the
uniform application of the Common Customs Tariff ;
Whereas , 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 above mentioned Member States end the second held as a reserve to
cover subsequently the requirements of Member States which have exhausted
their new shares and additional retirements which might arise in the 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 12 000 metric tons ;
Whereas Member Stages may exha.ust 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 farther share , and so
on as many times as the reserve allows ;
 ---pagebreak---                                                               AFNEX A
Whereas the initial and. additional shares should lie valid until the end
cf the quota period ;  whereas this form of administration requires close
collaboration "between the Member States and the Commission , and the
Cormsaion must "be in a position to keep account of the extent to which
the quotas have teen used up and to inform the Member States accordingly ;
Whereas if at a given date in the quota period a considerable quantity
of a Member State 's initial share remains unused in one Member State while
it could be used in others , that such State should return a significant
proportion thereof to the reserve ;
Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands and
the Grand Duchy of Luxembourg are united within and jointly represented by
the Benelux Economic Union , any transaction in respect     of the administration
of the shares allocated to that Economic Union may be carried out by any
one of its members ;
HAS ADOPTED THIS REGULATION :
                                  Article 1
1 . There shall be opened within the Community for the period from the date
    of entry into force of this Regulation to 31 December 1975 in respect
    of ferro-silicon falling within subheading No 73.02 C of the Common
    Customs Tariff Community quota of 1.5 COO metric tons *
2 . The Community Customs Tariff duty shall be suspended at 1% in respect of
    importations under the above quota .
3 * New Member States shall apply in respect of importations under the said
    quotas duties calculated in accordance with the relevant provisions of
    the Act of Accession .
 ---pagebreak---                                                             AîTREC A
                                 Article 2
A first tranche of 12 000 of this quota shall "be allocated among certain
Member States ; the shares , > which subject to Article 6 shall "be valid
until 31 December 1975 » shall "be as follows :           „               ''
                       Benelux .           6 013 ■ metric tons
                       Denmark               157 - metric tons
                       Germany             3 844 metric tons
                       Stance                 63   metric tons
                       Italy--–-             161   metric tons
                       United Kingdom      1 f62   metric tons . .   v
The second tranche of - 3 000 metric tons shall constitute a, reserve .
                                 Article 3
Should ferro-silicon be required in . Ireland             this . Member State
shall draw a sufficient share from the reserve to the extent that the
reserve so permits . ,                                        '' <■■■■
                                 Article 4
As soon as one of the Member States referred to in Article 2 has used
90Jo 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 6',
it shall forthwith , by notifying the' Commission ," draw a second share ,
to the extent that the reserve so permits , equal to 10fj of its initial
share rounded up as "necessary to the next whole number.                1   .
 ---pagebreak---                                                                 AEEEX A
2 . As soon as one of "the Member States , after exhausting its initial share ,
    has used JOfo or more of the second share drawn "by it , the 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 ,
    has used       or more of the third share drawn "by it , that Member 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 reserve is exhausted .
4 . By way of derogation from paragraphs 1 to 3 ) "the Member States may draw1
    shares lower than those specified in those paragraphs if there are grounds
    for believing that those specified may not be used in full .      Any Member
    State applying this paragraph shall inform the Commission of its grounds
    for so doing .
                                    Article 5
Additional shares drawn pursuant to Article 4 shall be valid until
31 December 1975 .
                                    Article 6
The Member States referred to in Article 2 shall return to the reserve, not
later than 1 November 1975 » "the unused portion of their initial share which,
on 15 October 1975 , is in excess of 20 % of the initial volume . They may
return a greater portion if there are grounds for believing that such portion
may not be used in full .
 ---pagebreak---                                                               AWEX A
Those Member States shall , not later than 3    November 1975 > notify the
Commission of the total quantities of the product in question imported up
to and including 15 October 1975 and charged against the Community 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 by the Member
States pursuant to Articles 2 , 3 and 4 and shall , as soon as the information
reaches it , inform each State of the extent to which the reserves have
been used up .
It shall , not later than   5 November 1975 , inform the Member States of the
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 making the
last drawing .
                                  Article 8
1 . Every Member State shall take all appropriate measures to ensure that
     additional shares drawn pursuant to either Article 3 or Article 4 are
     opened in such a way that importations may be charged without interruption
     against its accumulated share of the relevant Community quota .
 2 . Every Member State shall ensure that importers of the products . in question
     established in its territory have free access to the shares allocated
     to it .
 ---pagebreak---                                       - 8 -
                                                              AMEX A
 3 . The cxrtenx to which a Member State has used up its shares shall he
     determined on the "basis 'of the importations of the product in question –
     submitted to the Customs on home-use entries .
                                    Article 9
 On receipt of a request from the Commission , the Member States shall notify
 it of the importations charged against their shares .
                                    Article 10
The Menoer States and the - Commission shall cooperate closely to ensure that
this Regulation is complied with .
                                    Article 11
This Regulation shall enter into force on the forty-second day following the
date of its publication in the Official Journal of the European Communities .
This Regulation shall be binding in it3 entirety and directly applicable
in r.ll liember States .
Done at Brussels ,                                    For the Council ,
                                                      The Président
                                                                   ■j
 ---pagebreak---                                                               ANNEX E
                                      Eraft
                      REGULATION (EEC ) No    /74 OP THE COUNCIL
                                 of
         on "the opening , allocation and. administration of an autonomous
         Community tariff quota for 1975 for ferro -silico -manganese
         falling within suLh.ead.ing No 73-02 D of the Common Customs Tariff
THE COUNCIL OF THE EUEOPEAN COMUNITIES ,
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
No 73.02 I) of the Common Customs Tariff , a conventional duty free Community
tariff quota of 50 000 metric tons has been opened by the Council for 1974
and allocated among the Member States by Regulation (EEC ) No 2424/74^" of
23 September 19 / 4 ;
Whereas , bearing m mind present Community production capacity , the above-
mentioned quota of 50 000 metric tons will not cover the entire Community
import requirements of ferro -silico-manganese from third countries ;    whereas
it is therefore desirable that an autonomous Community tariff cjuota limited
to 14 000 metric tons be opened;     whereas  the fixing at this new level of
the quota amount does not exclude a new adjustment in the course of the quot
period ; whereas , so as not to prejudice Community development prospects in
the production area concerned , the quota duty applicable should be fixed at
4
                                                                           ./•
  OJ No L 261 , 27 September 1974 , p . 18 .
 ---pagebreak---                                                             AÎTNTT.X B
Whereas equal and continuous access to the quota should be ensured for all
 Community importers and the rate of duty for the tariff quota should bs
 applied consistently to all imports of the product in question' until the
 ruota is exhausted ; where?,s in the light of these principles arrangements
 for the utilization of the Community tariff quota "based on an allocation
among Member 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 should be in proportion to the requirements of
the Member States as calculated by reference to statistics of imports
from third countries during a representative reference period and to the
economic outlook for the quota period in question ;
Whereas , on the basis of statistics available at the time and allowing
for the foreseeable development of the ferro-silico -manganese market
during the current year , the .tariff quota of 50 000 metric tons opened by
the aforementioned Regulation was allocated in the following percentages :
                          Seneiux           8.33
                          Denmark           0.62
                          Germany          82.20
                          France            0.10
                          Ireland           1.04
                          Italy             3.54
                          United Kingdom    4.17 ;
Whereas , since the quota is an autonomous Community tariff quota intended'
to cover additional import needs arising in the Community , the allocation
of the additional share may be made on the basis of the actual needs
 ---pagebreak--- expressed by each of the Member States ;    whereas the United Kingdom, Italy ,
Germany, Denmark and the three Member States comprising the Benelux Economic
Union have stated that they require further supplies of 1 $00 , 1 000 , 12 000 ,
100 and 10 000 metric tons respectively ;    whereas the needs of Prance , taking
account of its production capacity, can be estimated as 200 metric tons ;
whereas Ireland has not used up enough of its share of the initial quota of
50 000 metric tons opened by the abovementioned Regulation according to
the most recently available economic information and statistics , to -justify
its    participation at present in the proposed increase in the Community
tariff quota ;  whereas , moreover , should additional needs arise subsequently
in this   Member State   it   may have recourse to the procedure set up under
Article 3 of this Regulation ;   whereas this system of allocation also
ensures the uniform application of the Common Customs Tariff ;
Whereas , 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
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 n 800 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 ;      ' •
 ---pagebreak---                • •                                             /.ITKFX B
Vui3 reas the initial and additional shares should be valid until the end
of the quota period ;   whereas this form of administration requires close
collaboration "between the Member States and the Commission , and. the
Commission must be in a position to keep account of the extent to which
the quotas have been used up and to inform the Member States accordingly ;
Whereas if at a givaidate in the quota period a considerable quantity of a
Member State *s initial share remains unused it is essential , to prevent
a part of a quota from remaining unused in one Member State while it could
be used in others , that such State should return a significant proportion
thereof to the reserve ;
Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands and
the Grand Duchy of Luxembourg are united within and jointly represented by
the Benelux Economic Union , any transaction in respect of the administration
of the shares allocated to that Economic Union may be aarried out by any
one of its members ;
HAS ADQPTED THIS PJSGUMTIOITî           . .
                                   Article 1
1.    There shall be opened within the Community for the period from tho
date of entry into force of this Regulation to 31 December 1975 in respect
of ferro -silico-manganese falling within subheading Fo 73*02 D of the
Common Customs Tariff a Community tariff quota of 14 000 metric tons .
2 . The Community Customs Tariff duty shall be suspended at 4fo in respect
of importations under the above quota .
3.    New Member States shall apply in respect of importations under the
sa5.d quota duties calculated in accordance with the relevant provisions
of the Act of Accession .
 ---pagebreak---                                     :    - 5-
                                                                      AMEX B
                                        Article 2                        1
 1 » A first tranche of 11 800 metric, tons of this quota shall - be allocated
among certain Member States ; the shares , which subject to Article 6 shall
"be valid tint il . 31 December 1 975 » shall "be as follows :
                     Bénélux                            4 682 metric tons
                     Denmark                        ,        47 metric tons
                  • Germany                             5 619 metric tons
                     Prance     1                            93 metric tons . .
                     Italy                        ,       . 469 metrio tons
                     United Kingdom                         89O metric tons ,
2.   The second tranche of 2 800 metric tons shall constitute a reserve .
                                        Article 3
Should ferro-silico–manganese "be required in          ' Ireland, this
Member State ,   shall draw a sufficient share from the reserve to the
extent that the reserve so permits .
                                        Article 4 >                    ,
                                      t     , .
1.   As soon as one of the Member States referred to in Article 2 has
used $<yfo or more of its initial share as fixed in Article 2(l ), or of
that share minus any portion returned to the reserve pursuant to
Article 6 , it shall forthwith, by notifying the Commission, draw a
second share , to the extent that , the reserve so permits , equal to 10$
of its initial share rounded up as necessary to the next whole number .
 ---pagebreak---                                                                 AMEX B
2.   As soon as one of the Member States , after exhausting one of its
initial shares , hrr>s vised $Ofj or more of the second share drawn by it ,
that Member State shall forthwith , in the manner and to the extent provided
m 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 ,
hc.s usod 90/0 or moro of the third share drawn by it , that Member 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.   I^y way of derogation from paragraphs 1 to 3 , the Member States may draw
sh:ires lower than those specified in those paragraphs if there arc grounds
for believing that those specified may not be used in full .        Any
Member State applying this paragraph shall inform the Commission of its
grounds for so doing .
                                     Artide 5
Additional shares drawn pursuant to Article 4 shall be valid until
 31 Dccerbor 197 5.
                                     Article 6
 The Member States referred to in Article 2 shall return, to the reserve , not
 later than 1 November 1975 the unused portion of their initial share which,
 on 15 October 1975 , is in excess of 20 % of the initial amount . They may-
 return a greater portion if there are grounds for believing that such portion
 may not be used in full .
                                                                            •/.
 ---pagebreak---                                                               A2ÏW3X. B
Those Member States shall , not later than 1 November 1915 t notify the
Commission of the total quantities of the product in question imported'
up to and including 15 October 1975 and charged , against the Community
quota and of any portion of their initial shares returned to the reserve .
                                  Article 7
The Commission shall keep an account of the shares opened by "the Member
States pursuant to Articles 2 , 3 and 4 and shall , as soon as the information
reaches it , inform each State of the extent to which . the reserves have been
used up .
It shall , not later than 5 November .1975* inform the Member States of the
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 making
the last drawing.                                                 . . .■
                                  Article 8
1 . Every Member State shall take all appropriate measures to ensure, that
additional shares drawn pursuant to either Article 3 or Article 4 are
opened in such a way that importations may be charged without interruption
against 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 .
 ---pagebreak--- 3 . Every Member State shall charge importations of the product in question
against its shares as and when tho product is entered with the customs
authorities for hone use .
4.   The extent to which a Member State has used up its shares shall be
determined on the "basis of the importations charged against those shares
i:i accordance with paragraph 3 *
                                  Article 9
 On receipt of a request from the Commission, the Member States shall notify
 it of the importation charged against their shares .
                               Article 10
Tho Member States and the Commission shall cooperate closely to ensure
that this Regulation is complied with .
                               Article 11
This Regulation shall enter into force on the forty-second day following the
date of its publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in ail Member States »
Dono at Brussels ,
                                                     Por the Council
                                                     The Président
 ---pagebreak---                                                                 ANS5X C
                                      ' Draft
                         '.REGULATION (EEC) No    /74 OP THE COUNCIL
                                   of
  on the opening, allocation and administration of an autonomous Community
  tariff quota for 1975 for ferro–chromium containing not more than 0.10$ by
  weight of carbon and more than 30/o but not exceeding 90$ inclusive by
  weight of chromium ( super refined ferro-chromium) falling within subheading
  Ho ex 73*02EI of the Common Customs Tariff .                                 "
• THE COUNCIL OP THE EUROPEAN COMMUNITIES , '
  Having regard to the Treaty establishing the European Economic Community ,
  and in particular ^jrticle 28 thereof ;
  Having regard to the draft Regulation submitted by the Commission ;
  Whereas , as regards ferro-chromium containing by weight not more than
  0.10$ of carbon and more than 30$ but not more than 90$ of chromium
  ( super refined ferro-chromium) falling within subheading No ex. 73-02EI   .
  of the Common Customs Tariff , a conventional duty-free Community tariff .
  quota of 3 000 metric tons has been opened by the Council for 1974 and
  allocated among the Member States by Regulation (EEC) No 2425/74"'' of
  23 September 1974 ;
  Whereas , bearing in mind present Community production capacity , the
  abovemontioned quota of 3 000 metric tons will not cover the entire
  Community import requirements of this product from third countries ;
  whereas it is therefore desirable in order that Community development
  prospects of the production area concerned should not be affected that
  an autonomous Community tariff quota limited to l4 330 metric tons be      ■_
  opened ; whereas the fixing at this new level of the quota amount does not
  exclude a new adjustment in the course of the quota period ; whereas ,
  for the same reasons, the quota duty applicable should be fixed at 5*5$»
                                  ,                       ;              •/•
    OJ No L 261 , 29 September 1974, P - 21 .
 ---pagebreak--- ir.icreas equal and continuous access to the quota should "be ensured for
all Community importers and the rate of duty for the 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 principles , arrangements
 for the utilization of the Community tariff quota based on an allocation
 amorg lumber States would seem to "be consistent vjith 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 should be in proportion to the requirements of the
Member States as calculated by reference to the statistics of imports
 from third countries during a representative reference period and to the
 economic outlcck for the quota period in question ;
 IJhereas , on the basis of statistics available at the time and allowing for
 the foreseeable development of the market in the product concerned during
 the current year , the tariff quota of 3 000 metric tons opened by the
 aforementioned Regulation was allocated in the following percentages :
                     Bénélux                     5 • 66
                     Eenmark                     0.34
                     Germany                     6.17
                     Franco             9        0.34
                     Iroland                     0.01
                     Italy                      84.14
                     United Kingdom              3.345
Whereas , since the quota is an autonomous Community tariff quota intended
to cover additional import needs arising in the Community , the allocation
 of the additional share may bo made on the basis of the actual needs
 e:q:>ressed by each of the Member States ;  whereas Denmark , Prance , Italy.
 ---pagebreak---                                         - 3 -
                                                                  AMZX. C    '            !
                                                                  1 11  1111              I:
                                                                                          ι:
  the United Kingdom , Germany and the three Member States comprising the                j
  Benelux Economic Union have stated that they require further supplies of 40, 1 000 ,
   1 800, 6 400, 3 000 and 2 090        metric tons respectively ; xvhereas              ;
   Italy                     not used up enough of its share of the initial quota
  of 3 000 metric tons opened by - the abovementioned Regulation, according to
  the most recently available economic information and statistics , to justify             :
  its    participation at present in the proposed increase in the Community            ■
  tariff quota;   whereas , moreover , should additional needs arise subsequently in
  this   Member State    it  may have recourse to the procedure set up under
  Article 3 of this Regulation ;   whereas this system of allocation also ensures
  the uniform application of . the Common Customs Tariff ;
  Whereas , 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 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 '
  oould "be 11 5^0 netrie 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 ;    whereas the initial and additional shares
  should be valid until the ; end of the quota period ;  whereas this form of •
  administration requires close collaboration between -the Member States and the
                                                                               ./•
 ---pagebreak--- Commission , and the Commission must be in a position to keep account of the
extent to which tlie quotas have been usod up and to' inform the Member States
accordingly ;
Whereas if at a given date in the quota period a considerable quantity of
a Member State 's initial share remains unused it is essential , to prevent
a part of a quota from remaining unused, in one Member State while it could
be used in others , that such State should return a significant proportion
thereof to the reserve ;
Whereas , since the Kingdom of Eelgium , the Kingdom of the Netherlands and
the Grand Duchy of Luxembourg are united within and jointly represented
by the Benelux Economic Union , any transaction in respect of the
administration of the shares allocated to that Economic Union may be
carried out by one of its members ;
HAS ADOPTED THIS REGULATION :
                                    Article 1
1.   There shall be opened within the Community for the period from the date of
entry into force of this Regulation to 31 December 1975 » in respect of
ferro-chrcmium containing by weight not more than 0.10fo of carbon and more
than 30$ but not more than $0% of chromium ( super-refined ferro-chromium )
falling within subheading No ex 73«02EI    of the Common Customs Tariff a
Community tariff qaota of 14 330 metric tons .
2.   The Community Customs Tariff duty shall be suspended at 5»5 /« in respect
of importations under the above quota .
3.   ITew Member States shall apply in respect of importations under the said
quota duties calculated in accordance with the relevant provisions of the
Act of Accession ,
 ---pagebreak---                                                                AUïlEX C
                                    Article 2
1.   A first tranche of 11 500 metric tons of this quota shall be allocated
among certain Member States ;   the shares , which subject to Article 6 shall
be valid until 31 December 1975 f shall be as follows :
                        Benelux         :       1 677  metric tons
                        Denmark         :          32  metric tons
                        Germany         :       2 408 metric tons
                        France          :         803  metric tons
                        Italy           :       1 444  metric tons
                        United Kingdom :        3 136 metric tons .
2.   The second tranche of 2 830 metric tons shall constitute a reserve .
                                    Article 3
Should super-refined ferro-chromium be required in Ireland, this Member State
shall draw a sufficient share from the reserve to the extent that the
reserve so permits .                  .   ;
                                 '        •              1
                                    Article 4
1.   As soon as one of the Member States referred to in Article 2 has used "
90/j 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 6 , it shall
forthwith , by notifying the Commission, draw a second share , to the extent
that the reserve so permits , equal to 10% of its initial share rounded up
as necessary to the next whole number .         .
 ---pagebreak--- 2o   As soon as one of "the Member States , after exhausting its initial share ,
has used 9Of 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 5fo of its initial share .
3.   A3 soon as one of the Member States , after exhausting its second share ,
has used JCfo or more of the third share drawn by it , that Member 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 .
/r . By way of derogation from paragraphs 1 to 3 } "the Member States - may draw
shares ioxtfer than those specified in those paragraphs if there are grounds
for believing that those specified may not be used in full .     Any Member
State applying this paragraph shall inform the Commission of its grounds for
so doing .
                                      Article 5
Additional shares drawn pursuant to Article A shall be valid until 31 December 197 J
                                     Article 6
 The Member States referred to in Article 2 shall return to the reserve, not
 later than 1 November 1975 » "the unused portion of their initial share which,
 on 15 October 1975 » is in excess of 20 % of the initial amount . They may
return a greater - portion if there are grounds for believing that such portion
may not be used in full .
 ---pagebreak---                                         - 7 -
                                                              AÎŒEX C
Those Member States shall , not later than 1    November 1975  notify the
Commission of the total quantities of the product in question imported up to and
including 15 October 1975 and charged against the Community quota and of any
portion of their initial shares returned to the reserve#
                                    Article 7 .
The Commission shall keep an account of the shares opened by the Member
                                                                               V
States pursuant to Articles 2 , 3 and 4 and shall , as soon as the information
reaches it , inform each State of the extent to which the reserves have
been used up .
It shall , not later than 5 November 1975, inform the Member States of
the amounts still in reserve following any return of shares pursuant to
Article 6 .
It shall ensure that when an amount exhausting ono of the reserves xs
drawn the amount so drawn does not exceed the balance available , and to v
this end shall notify the amount of that balance to the Member State mailing
                                 ?   • m
the last drawing.
                                    Article 8
1.  Every Memoer State shall take all appropriate moasures to ensure that
additional shares drawn ■ pursuant to either Article 3 or Article 4 are
opened in such a way that importations may be charged without interruption
against 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 . -                                    ,
3.  The extent to which 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 use.'
                                                                         /•
 ---pagebreak---                                       Article 9
On receipt of a request from the Commission, the Member States shall notify
it of the importations charged against their shares .
                                      Article 10
The Member States and the Commission shall cooperate closely to ensure that
this Regulation is complied with *
                                      Article 11
This Regulation shall enter into force on the forty-second day following tne
date of its publication in the Official Journal of the European Communities * .
This Regulation shall he "binding in its entirety and directly applicable in
ail Member States »                '■
Doue at Brussels ,
     ;                                        '        For the Council
                                                       The Président
 ---pagebreak---                                                                     AHNEX D
                                  Draft
                   REOTLATIOH- (EEC) Hio    /75 OF THE COUNCIL
                                  of ......
on the increase in volume of the Community tariff quota opened for 1975
for ferro–chromium containing not less than 4 $ by weight of carbon
falling within subheading 3STo ex 73.02 E I of the Common Customs Tariff
          \
THE COUUCIL OF THE EUROPEAU COMMKHITIES ,
Having regard to the Treaty establishing the European Eoonomio Community,
and in particular Article 28 thereof ;
Having regard to the draft Regulation submitted by the Commission ;
Whereas by its Regulation (EEC ) Kb 195/75 of 22 January 1975 » the Council
opened for 1975 and apportioned among the Member States a Community tariff
quota of a .total size of 34 500 metric tons for ferro-chrome containing
not less than 4% by weight of carbon and has exhausted the application         -
of this quota to certain imports of ferro-chrome containing between yfo and
4% by weight of carbon falling within subheading 73 .02 E I of the Common
Customs Tariff ;
Whereas , having regard to the most recent economic data for* 1975 on
consumption, production, exports to third countries , imports under the
inward processing arrangements or other tariff preference scheme and taking
account of the stocks held by a number of Member States on 31 December 1974f
there is reason to assume that the additional Community import requirements
in respect of imports from third countries may reach the level of 34 630
metrio tons during 1974 ; whereas in Order not to raise the question of the
prospects for develoment of the Community production sector and taking into
account the uncertainties which surround the different ferro-alloy consumption
sectors , it is appropriate to limit the planned increase to 20 000 metric
tons ; whereas the fixing of this amount , relating to prudent estimates ,
does not exclude a future adjustment ; whereas it is appropriate to apportion
the increased amount between the Member States prorata to their respective
needs for imports from third countries taking into account the possibility
 ---pagebreak---                                   2                                    AMEX D
  provided by the abovement zoned Regulation (EEC ) 13b 195/75 » which
  allowed all Member States to draw from the Community reserve if
  additional needs arise ; whereas on this basis , the additional
  needs of Member States for imports from third countries stand
i at the percentages given below :
           Bénélux            28.89
           Denmark             0.16
           Germany            26 .67
           France              8.72
           Italy               6.67
           United Kingdom     28.89 ;
 Whereas , in-the case of Ireland, the current state of usage of its
 share and the economic data available do not currently constitute
 a justification for it sharing in this apportionment ; whereas ,
 moreover, if supplementary needs subsequently appear in this Member
 State , the latter may still have recourse to the procedure set up
 in Article 3 of this Regulation ; whereas this system of apportionment
 ensures the uniform application of the Common Customs Tariff.
 ÏÏAS ADOPTED THIS REGULATION î
                                      Article 1
 The amount of the Community tariff quota opened by Regulation (EEC ) HO 195/75
 of 22 January 1975 » for ferro–chromium containing not less than A% "by weight
 of carbon falling within subheading No ex 73 *02 E I of the Common Customs
 Tariff is raised from 34 500 metric tons to 54 500 metric tons .
                                      Article 2
 1 . This increase of 20 000 metric tons is subidivided into two tranches .
 2 . A first tranche of 18 000 metric tons shall be allocated among the
    . Member States as follows :
 ---pagebreak---                                3                                  AMSX D
          Bénélux        : 5 200 metric tons
          Denmark        î    30 metric tons
          Germ&ny        ; 4 800 metric tons
          France         : 1 570 metric tons
          italy          î 1 200 metric tons
          United Kingdom: 5 200  metric tons
3 . The second tranche of 2 000 metric tons shall he allocated to the
    Community reserve . The reserve provided for in Article 2 , paragraph
    2 of Regulation (EEC ) Ho 195/75 in therefore raised from 1 $60 to ;
    3 960 metric tons .
                             Article 3                                   *
Should products of this type he required in Ireland , this Member State
shall draw a sufficient share from the reserve to the extent that the
reserve so permit .
                             Article 4
The provisions of Regulation (EEC ) No 195/75 of 22 January 1975 » and in
particular those of Article l t paragraph 2 , remain applicable .
                             Article 5
This : Regulation shall enter into force on the forty-second day
following the date of its publication in the Official Journal of
the European Communities .
This Regulation shall be binding in its entirety and directly applicable
                               t
in ail Member States .
Done at Brus sel s ,
                                                      For the Council ,
                                                       The Président