CELEX: 51979PC0697
Language: en
Date: 1979-12-06
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR FERRO-SILICON FALLING WITHIN SUBHEADING 73.02 C OF THE COMMON CUSTOMS TARIFF (1980)#PROPOSAL FOR A COUNCIL REGULATION (EEC) OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR FERRO-SILICO-MANGANESE FALLING WITHIN SUBHEADING 73.02 D OF THE COMMON CUSTOMS TARIFF (1980)#PROPOSAL FOR A COUNCIL REGULATION (EEC) OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR FERRO-CHROMIUM, CONTAINING NOT MORE THAN 0.10 % BY WEIGHT OF CARBON AND MORE THAN 30 % BUT NO MORE THAN 90 % BY WEIGHT OF CHROMIUM (SUPER-REFINED FERRO-CHROMIUM), FALLING WITHIN SUBHEADING EX 73.02 E I OF THE COMMON CUSTOMS TARIFF (1980) (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 697
Vol. 1979/0238
 ---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--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM ( 79 ) 697 final
                                                      Brussels , 6th December 1979
            / --      r             /    - --M
         ! t " :"       " c*
                                 - r\y
                    P    ROPOSAL^FOR
                     ^PROPOSAL    J^OR AA CO
                                           COUNCIL REGULATION ( EEC )
       OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF
             A COMMUNITY TARIFF QUOTA FOR FERRO-SILICON FALLING
      WITHIN SUBHEADING 73.02 C OF THE COMMON CUSTOMS TARIFF ( 1980 )
                        PROPOSAL FOR A COUNCIL REGULATION ( EEC )
       OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF
       A COMMUNITY TARIFF QUOTA FOR FERRO- SILICO-MANGANESE FALLING
     WITHIN SUBHEADING 73.02 D OF THE COMMON CUSTOMS TARIFF ( 1980 )
                      PROPOSAL FOR A COUNCIL REGULATION ( EEC )
       OPENING, ALLOCATING AND PROVIDING FOR . THE ADMINISTRATION OF
   A COMMUNITY TARIFF QUOTA FOR FERRO-CHROMIUM , CONTAINING NOT MORE
        THAN 0.10 X BY WEIGHT OF CARBON AND MORE THAN 30 % BUT NO
                         MORE THAN 90 % BY WEIGHT OF CHROMIUM
                  ( SUPER-REFINED FERRO-CHROMIUM ), FALLING WITHIN
       SUBHEADING EX 73.02 E I OF THE COMMON CUSTOMS TARIFF ( 1980 )*
                  ( presented by the Commission to the Council )
COM ( 79) 697 final
 ---pagebreak---               EXPLANATORY' MEMORANDUM
 As part of the multinational negotiations within GATT
 the Community undertook to open the Community duty-free tariff
 quotas edch year for the three following ferro-alloys :
   , 73.02 C           • ferro-si licon              20.000 tonnes
     73.02 D             ferro-si li co-manganèse    50 . 0Q0 tonnes
 ex 73.02 E I            overrefined ferro-chromium  - 3.000 tonnes
 However , since 1 July 1977 , these ferro-alloys can be imported
 from Portugal duty free in pursuance of the agreement concluded
 with this country . As from 1 January 1980 this will also apply
 to products from the other EFTA countries . These quotas must.
 therefore be reduced by quantities , representing the share of
 these countries Community imports . The volumes of these quotas
 are thus reduced for 1980 to 5.500 tonnes for ferro-si licon , "
 15.000 tonnes for ferro-si lico-manganese and 2.300 tonnes for
 overrefined ferro-chromium .
The Commission's' proposals regarding these three ferro-alloys
 draw extensively upon those put forward for the same products
 in previous years , in that the allotting of the share continues
 to be in line with the rules habitually adhered to ( calculation
 based on past figures and on prospects for 1980 ). The management
 conditions proposed differ from those adopted for 1979 as regards
 the volume assigned to Community reserves , which in this case
 accounts for about 5 % of the quota volume for each of the three
 ferro-alloys .
 ---pagebreak---                              - 2   -
      3 . The proposals for regulations annexed hereto therefore
          relate to the opening , the distribution and type of
          management of the following Community tariff quotas for
          1980 :
               Description of      Quota    Quota   Volume of    Volume of
                  product         volume    duty     reserve      initial
                                                                  tranche
                                               f
Annex A      ferro-si li con      5.500 t    0 %      250 t        5.250 t
Annex Β      ferro-si lieo-
             manganese           15.000 t    0 %      750 t       14.250 t
Annex C      overref ined         2.300 t    0 %      100 t        2.200 t
             f erro-chromium
 ---pagebreak---                                                           Proposal for a
                                            COUNCIL REGULATION (EEC)
                    opening, allocating and providing for the administration of a Community tariff quota for
                      fcrro-silicon falling within subheading 73.02 C of the Common Customs Tariff ( 1980 )
     THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                                                    1976        1977  1978
                                                                     Bénélux                                    17-91    .  16-35  13.31
                                                                     Denmark                                     0-60        0-09   0.46
     Having regard to the Treaty establishing the European           Germany                                    53-88       5810   62.02
     Economic Community, and in particular Article 113               France                                       1-58       2-85
                                                                                                                                    1.94
     thereof,                                        ,                                                                              0.11
                                                                     Ireland                                     0-22        0-08
                                                                                                                                   14.89
                                                                     Italy .                                    13-83       14-21
                                                                                                                                    7.27
                                                                     United Kingdom                             11-98         8-32
     Having regard to the proposal from the Commission,
                                                                               »
     Whereas, as regards ferro-silicon falling within                Whereas, in view of these factors and of market
                                                                     forecasts for ferro-silicon for 1979, the initial
      subheading 73.02 C, the European Economic
      Community has undertaken to open an annual duty-free           percentage shares in the quota    volume can be expressed
      tariff quota of 20 000 tonnes; whereas this should             roughly as follows:
      however be reduced to 5. 50C tonnes to take account of               Bénélux                                   15 . 79
      the traditional imports from the EFTA countr i es                    Denmark                            .        o . 38
      which are free of customs duty under the                                                                       58 . 11
      Agreement concluded with these , countries,; wheneaS Germany          France                                     2 . 12
trie tariff quota concerned should therefore be opened on
       1 January 19 80 and allocated ■ among the Member                     Ireland                                    o . 14
      States:                                                                                                        14 . 32
                                                                            Italy
                                                                                                                       9 . 14-
                                                                            United Kingdom
      Whereas "arrangements for the utilization of the
      Community tariff quota based on an allocation among
      Member States would seem to be consistent with the             Whereas, to take account of future import trends for the
      Community nature of the quota; whereas, to                     products concerned, the quota should be divided into
      correspond as closely as possible to the actual trend of       two instalments, the first being allocated and the second
      the market in the product in question, allocation of the       held as a reserve to cover any subsequent requirements
      quota should be in proportion to the requirements of           of Member States which have used up their initial share;
       the Member States as calculated by reference to               whereas, to give importers some degree of certainty, the
       statistics of imports from third countries during a            first instalment of the tariff quota should be fixed at a
       representative reference period and to the economic           high level, which in this case could be 95% of the
       oudook.for the quota period in question;                      amount of the quota;
      Whereas, during the last three years for which complete        Whereas initial shares may be used up at different rates;
      statistics are available, the corresponding imports into       whereas to avoid disruption of supplies on this account
       each of the Member States represented the following            it should be provided that any Member State which has
       percentages of total imports of the product in question:       almost used up its initial share- should draw an
 ---pagebreak---                                                   - 2 -
  additional share from the reserve; whereas each time its                                                   (tonnes)
  addition .-)] share iti almost used up a Member State              Bénélux                                   v 829
 should draw a further share, and so on as many times as
                                                                     Denmark                                     '20
 the reserve allows; whereas the initial and additional
 shares should be valid until the end of the quota period;           Germany                                 3 054
 whereas this form of administration requires close                  France                                    . 111
 collaboration between the Member States and the                     Ireland                                        7
 Commission, and the Commission must be in a position                Italy                                        752
 to keep account of the extent to which the quotas have              United Kingdom                              480
 been used up and to inform the Member States
 accordingly;                                                  3 . The second instalment of i50tOnnes shall constitute
                                                                the reserve.
 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 that such State should
 return a significant proportion thereof to the reserve, in                             Article 3
 order to prevent a part of the Community tariff quota
 from remaining unused in one Member State while it             1 . If a Member State has used 90% or more of its
 could be used in others;                                      initial share as fixed in Article 2 (2), or of that share
                                                               minus any portion returned to the reserve pursuant to
 Whereas, since the Kingdom of Belgium, the Kingdom            Article 5, it shall forthwith, by notifying the Commis­
 of the Netherlands and the Grand Duchy of                     sion, draw a second share, to the extent that the reserve
 Luxembourg are united within and jointly represented          so permits, equal to 5% of its initial share, rounded up
 by the Benelux Economic Union, any measure                     as necessary to the next whole number;
 concerning the administration of the shares allocated ro
 that economic union may be carried out by any one of          2. If a Member State, after exhausting its initial share,
 its members,
                                                               has used 90% 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 2-5% of its initial share, rounded up as
                                                                necessary to the next whole number.
 HAS ADOPTED THIS REGULATION:
                                                               3 . If a Member State, after exhausting its second share,
                                                                has used 90% or more of the third share drawn by it,
                            Article 1                           that Member State shall, in the manner and to the
                                                                extent provided in paragraph 1, draw a fourth share
 1 . From 1 January until 31 December ! 980 , a                 equal to the third.
 Community tariff quota of 5 5 cq tonnes shall be #            This process shall apply until the reserve is used up.
 opened within the Community in respect of ferro-silicon    ■'
 falling within subheading 73.02 C of the Common
 Customs Tariff.
                                                               4. By way of derogation from paragraphs 1 , 2 and 3 , a
                                                               Member State may draw shares lower than those
 2. Imports of the product in question may not be              specified in those paragraphs if there are grounds for
 charged against this tariff quota if they are already free    believing that those specified may not be used in full.
 of customs duties under other preferential tariff             Any Member State applying this paragraph shall inform
 arrangements.                                                 the Commission of its grounds for so doing.
 3 . Within this quota the Common Customs Tariff duty
 shall be totally suspended.                                                           Article 4                      ,
                                                               Additional shares drawn pursuant to Article 3 shall be
                            Article 2                          valid until 31 December ^ 9S0
 1 . The Community tariff quota referred to in Article 1
 shall be divided into two instalments.
                                                                                        Article S
 2. A first instalment of 5 25 u tonnes shall be
 allocated among the Member States; the shares, which          Member States shall, not later than 1 October 1980 /
 subject to Article 5 shall be valid until 31 December         return to the reserve the unused portion of their initial
1980 shall be as follows:                                      share which, on 15 September 9S0, is in excess of 20%
 ---pagebreak---                                               - 3 -
 of the initial volume. They may return a greater portion                                     Article 8
 if there are grounds for believing that it may not be used
 in full .                                                          1 . The Member States shall take all appropriate
                                                                    measures    to  ensure    that additional  shares drawn
 Member States shall, not later than 1 October 19 t'.Q              pursuant to Article 3 are opened in such a way that
notify the Commission of the total quantities of the                importations may be charged without interruption
 product in question imported up to and including 15                against their accumulated shares of the Community
September 192Q,and charged against the Community                    quota.
 quota and of any portion of their initial shares returned
 to the reserve.                                                  - 2. The Member States shall ensure that importers of
                                                                    the product in question established in their territory
                                                                    have free access to the shares allocated to them.
                          Article 6               ■"
                                                                    3 . The extent to which the Member States have used
Member States may restrict the charging of imports .                up their shares shall be determined on the basis of the
against their shares to products for certain intended               imports of the products in question entered with the
uses. In that case the Community provisions on the                  customs authorities for f ree circulation .
matter shall be applied for checking that the product
has been used for the stipulated purpose.
                                                                                              Article 9
                          Article 7
                                                                 ' At the request of the Commission, the Member States,
                                                                    shall inform it of imports actually charged against their
The Commission shall keep an account of the shares                  shares.
opened by the Member States pursuant to Articles 2 and
3 and shall, as soon as the information reaches it,
inform each State of the extent to which the reserve has
                                                                                              Article 10
been used up.
It shall, not later than 5 October 1980 / inform the                The Member States and the Commission shall cooperate
Member States of the amount still in reserve, following             closely to ei are that this Regulation is complied with.
any return of shares pursuant to Article 5.
                                                                                                                         ! '  *
It shall ensure that the drawing which exhausts the                                  ■  - - Article 11
reserve does not exceed the balance available, and to
this end shall notify the amount of that balance to the-            This Regulation shall enter into force on 1 January
Member State making the last drawing.                              1980 .
                This Regulation shall be binding in its entirety and directly applicable in all Member States.
                Done at .                                                                 _v
                                                                    -                        For the Council
                                                                        '                     The President
 ---pagebreak---                                                    Proposal for a
                                     COUNCIL REGULATION (EEC)
               opening, allocating and providing for the administration of a Community tariff quota for
               ferro-silico-manganese falling within subheading 73.02 D of the Common Customs Tariff
                                                       . < 1980 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               Whereas, in view of these factors and of market
                                                                         forecasts for ferro-silico-manganese for 1 SBQ, the initial
                                                                         percentage shares in the quota volume may be expressed
 Having regard to the Treaty establishing the European                   roughly as follows:
 Economic Community, and in particular Article 113
 thereof,                                                                      Bénélux                                   T3.89
                                                                               Denmark                                    0 . 02
                                                                             ' Germany                                   63 . TO
 Having regard to the proposal from the Commission,                            France                                     3.39
                                                                               Ireland                                    0 . 02
 Whereas, as regards ferro-silico- manganese falling                           Italy                                   • 15.9C
 within subheading 73.02 D , the European Economic                             United Kingdom                             3.68'
 Community has undertaken to open an annual duty-free
 Community tariff quota of 50 000 tonnes; whereas
 this should however be reduced to
 15,000 tonnes to take account of the                                   Whereas, to take account of future import trends for the
 traditional imports from E.F.T.A.                                      products concerned, the quota should be divided into
                                                                        two instalments, the first being allocated and the second
 countries which              are          free of
 Customs duty under the Agreements                                      held as a reserve to' coyer any subsequent requirements
                                                                        of Member States which have used up their initial share;
 concluded with these                    countries ;                    whereas, to give importers some degree of certainty, the
                                               whereas the              first instalment of the tariff quota should be fixed ara
tariff quota concerned should therefore be opened on                    high level, which in this case could be 9 5 % of the
1 January 1 990 and allocated among the Member                          amount of the quota;
Suces:
  Whereas equal and continuous access to the quota
  should be ensured for all Community importers and the                 Whereas initial shares may be used up at different rates;
  rate of duty for the tariff quota should be applied                   whereas to avoid disruption of supplies on this account
  consistently to all imports until the quota is used up ;              it should be provided that any Member State which has
  whereas in the light of the principles outlined above,                almost used up its initial share should draw an
  arrangements for the utilization of the Community tariff              additional share from the reserve; whereas each time its
  quota . based on an allocation among Member States                    additional share is almost used up a Member State
  would seem to be consistent with the Community                        should draw a further share, and so on as many times as
  nature of the quota; whereas, in order that it may                    the reserve allows; whereas the initial and additional
  correspond as closely as possible to the actual market                shares should be valid until the end of the quota period;
  trends in the product in question, allocation of the                  whereas this form of administration requires close
  quota should be in proportion to the requirements of                  collaboration between the Member States and the
  the Member States as calculated by reference to                       Commission, and the Commission must be in a position
  statistical data on imports from third countries during a             to keep account of the extent to which the quotas have
  representative reference period and to the economic'                  been used up and to inform the Member States
  prospects for the quota period in question;                           accordingly;
  Whereas, during the last three years for which complete
  statistics are available, the corresponding imports into              Whereas if at a given date in the quota period a
  each of the Member States represented the following                   considerable quantity of a Member State's initial share
                                                                        remains unused it is essential that such State should
  percentages of total imports of the product in question:
                                                                        rerurn a significant proportion thereof to the reserve, in
                                             1976        1977 1 9 78    order to prevent a part of the Community tariff quota
  Bénélux                                   15-29        2-67
                                                      12-67    13.82    from remaining unused in one Member State while it
  Denmark                                    0          00      0       could be used in others;
  Germany                                   66-16        3-40
                                                      63-40   60.91
  France                                      168        1-88
                                                         1-88   5.54
  Ireland                                    0         0a      0
  Italy                                     13-92        8-56
                                                      18-56   15.42
                                                         ,     4.31
  United Kingdom                             2-95        349
 ---pagebreak---                                                     - 2 -
Whereas, since the Kingdom of Belgium, the Kingdom             Commission, draw a second share, to the extent that the
of the Netherlands and the Grand Duchy of                      reserve so permits, equal to 10% of its initial share,
Luxembourg are united within and-jointly represented           rounded up as necessary to the next whole number.
by the Benelux Economic Union, any measure
concerning the administration of the shares allocated to
that economic union may be carried out by any one of .         2. If a Member State, after exhausting its initial share,
its members .                                                  has used 90% 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, rounded up as necessary
                                                               to the next whole number.
HAS ADOPTED THIS REGULATION:                                   3 . If a Member State, after exhausting its second share,
                                                               has used 90% or more of the third share drawn by it,
                                                            ' that Member State shall, - in the manner and to the
                          Article 1                            extent provided in paragraph 1 , draw a fourth share '
                                                               equal to the third.
 1 . From 1 January until 31 December^gg , a
Community tariff quota of /^ 000 tonnes shall be               This process shall apply until the reserve is used up.
opened within the Community in respect of
 ferro-silico-manganese falling within subheading 73.02        4. By way of derogation from paragraphs 1 , 2 and 3 , a
 D of ihe Common Customs Tariff.                               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.
2. Imports of the product in question may not be
                                                               Any Member State applying this paragraph shall inform
charged against this tariff quota if they are already free     the Commission of its grounds for so doing.
of customs duties under other preferential tariff
arrangements.
                                                                                        Article 4
3 . Within this quota the Common Customs Tariff duty
shall be totally suspended.                                    Additional shares drawn pursuant to Article 3 shall be
                                                               valid until 31 D .ember 1980 .
                         Article 2
                                                                                        Article S
 1 . A first instalment of 14 . 250 tonnes shall be
allocated among the Member States; the shares, which           Member States shall, not later than 1 October 198Q ,
subject to Article 5 shall be valid from 1 January until       return to the reserve the unused portion of their initial
31 December 1980 shall be as follows:
                                                               share which, on 15 September 1 98 Q, is in excess of 20%
                                                (tonnes)       of die initial volume. They may return a greater portion
      Bénélux                                                  if there are grounds for believing that it may not be used
                                                 1,979         in full.            , ■      •
       Denmark
                                                       3
                                                                    • •                                    s
       Gerrnany                                 8,992
       France                                       483
                                                               Member States shall, not later than 1 October 1.980
       Ireland                                         3
                                                               notify the Commission of the total quantities of the
                                                               product in question imported up to and including
       Italy                                    2,266          15 September 1980 and charged against the Community
       United Kingdom                             ■ 524        quota and of any portion of their initial shares returned
                                                               to the reserve. .
 2. The second instalment of 750              tonnes shall
 constitute the reserve.
                                                                                        Article 6
                         Article 3
                                                               Member States may restrict the charging of imports
 1 . If a Member State has used 90% or more of its             against their shares to products for certain intended
 initial share as fixed in Article 2 ( 1), or of that share  v uses. In that case the Community provisions on the
 minus any portion returned to the reserve pursuant to         matter shall be applied for checking that the product
 Article 5, it shall forthwith, by notifying the               has been used for the stipulated purpose.
 ---pagebreak---                                                    - 3 -
                          Article 7                                3. The Member States shall charge imports of the
                                                                   product in question against their shares as and when the
  The Commission shall keep an account of the shares               product is entered with, the customs authorities for
  opened by the Member States pursuant to Articles 2 and          T ree ci rculation .
  3 and shall , as soon as the information reaches it,
  inform each State of the extent to which the reserve has
  been used up.                                                    4. The extent to which a Member State has used up its
                                                                   share shall be determinded on the basis of the imports
  It shall , not later than 5 October 1S80, inform the             charged in accordance with paragraph 3 .
  Member States of the amount still in reserve, following
- any return of shares pursuant to Article 5.
                                                                                           Article 9
  It shall ensure that the drawing which exhausts the
  reserve does not exceed the balance available, and to            At the request of the Commission, the Member States,
  this end shall notify the amount of that balance to the          shall inform it of imports actually charged against their
  Member State making the last drawing.                            shares.
                          Article 8
                                                                                           Article 10
  1 . The Member States shall take all appropriate
  measures to ensure that additional shares drawn                  The Member States and the Commission shall cooperate
  pursuant to Article 3 are opened in such a way that              closely to ensure that this Regulation is complied with.
  importations may be charged without interruption
  against their accumulated shares of the Community
  quota .
                                                                                           Article 11
  2. The Member States shall ensure that importers of
  the product in question established in their territory           This Regulation shall enter into force on 1 January
  have free access to the shares allocated to them.
                                                                  1.980 .
                This Regulation shall be binding in its entirety and directly applicable in all Member States.
                Done at
                                                                                         For the Council
                                                                                          The President
 ---pagebreak---                                                        Proposal for a
                                        COUNCIL REGULATION (EEC)
                 opening, allocating and providing for the administration of a Community tariff quota for
                 ferro-chromium, containing not more than 010% by weight of carbon and more than 30%
                 but not more than 90% by weight of chromium (super-refined ferro-chromium), falling
                            within subheading ex 73.02 EI of the Common Customs Tariff < 1980 )
  THE COUNCIL OF THE EUROPEAN COMMUNITIES, '
                                                                                 Whereas, in view of these factors and of market
   Having regard to the Treaty establishing the European                        forecasts for ferro-chromium for \9SO, the percentage
  Economic Community, and in particular Article 113                             shares
                                                                                follows :
                                                                                         m the quota volume can be expressed roughly as
  thereof.
                                                                                      Benelux
                                                                                                                               18.59
                                                                                    . Denmark
                                                                                                                               >: o.04
   Having regard to the proposal from the Commission.                                 Germany                                  28.84
                                                                                      France                                      5.83
                                                                                      Ireland                                     0.02
" Whereas, as regards ferro-chromium, containing by                                   Italy                                   31.22'
  weight not more than 0-10% of carbon and more than                                  United Kingdom                          15.45
  30%      but  not    more    than   90%    of chromium
  (super-refined ferro-chromium), falling within
  subheading 73.02 E I, the European .Economic                                 Whereas, to take account of future import trends for the
  Community has undertaken to open an arinual duty-free                        products concerned, the quota should be divided into
  tariff quota of 3 000 tonnes; whereas this should                            two instalments, the first being allocated and the second
  however be reduced to 2,300 tonnes to                                        neid as a reserve to cover any subsequent requirements
  take account of the traditional imports                                      pi Member Stares which have used up their initial share;'
  from E.F.T.A. countries, which are                                           whereas, to give importers some degree of certainty, the
  free of customs duty under the                                              first instalment of the tariff quota should be fixed at a
                                                                              high level, which in this case could be 95% of the
 Agreements concluded with these countries ;                                   amount of the quota;                                 ^     -
                                    whereas the tariff quota
  concerned should therefore be opened on 1 January                '           Where., ir:tial shares may be used up at different rates;-
 198C and allocated among the Member Scares;                                  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
  Whereas arrangements for the utilization of the                             additional share from the reserve; whereas each time its
  Community tariff quota based on aln allocation among-                      additional share is almost used up a Member State
  Member States would seem to be consistent with the                         should draw a further share, and so on as many times as
  Community nature of the' quota; whereas, to                                the. reserve allows; whereas the initial and additional
  correspond as closely as possible to the actual trend of                   shares should be valid until the end of the quota period;
  the market in the product in question, allocation of the                   whereas this form of administration requires close
• quota should be in proportion to the requirements of                       collaboration between the Member States and the
  the Member States as calculated by reference to                            Commission, and the Commission must be in a position
  statistics of imports from third countries during a                        to keep account of the extent to which the quotas have
  representative reference period and to the economic                        been used up and to inform che Member States
  outlook for the quota period in question;                                  accordingly;
                                                                            Whereas if at a given date in the quota period a
                                                                            considerable quantity of a Member State's initial share
 Whereas, during the last three years for which complete                    remains unused it is essential that such State should
 statistics are available, the -corresponding imports into                  return a significant proportion thereof to the reserve, in
 each of the Member States represented the following                        order to prevent a part of the Community tariff quota
 percentages of total imports of the product in question:                   from remaining unused in one Member State while it
                                            19 / 6      1977   1978 .
                                                                            could be used in others;
Bénélux                                     9-58       19-37   40.24
Denmark                                     0-02        0-02    0.12        Whereas, since the Kingdom of Belgium, the Kingdom
Germany                                    32-31      24-93    27.61       of the . Netherlands and the Grand Duchy of
France
                                            3-74        8-23    6.52
Ireland                                     0 •                 0.05
                                                   .    0 02 .
Italy                                     31-17                12.51
                                                      40-75
United Kingdom                            23-18      • 6-68    12.95
 ---pagebreak---                                              - 2 -
  Luxembourg arc united within and jointly represented       reserve so permit*, equal to 10% of It* initial ihare,
 by the Benelux Economic Union, any measures                 rounded up as necessary to the next whole number.
 concerning the administration of the shares allocated to
 that economic union may be carried out by any one of        2. If a Member State, after exhausting its initial share,
 its members,
                                                             has used 90% 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, rounded up as necessary
                                                             to the next whole number.
 HAS ADOPTED THIS REGULATION :
                                                             3 . If a Member State, after exhausting its second share,
                                                             has used 90% or more of the third share drawn by it,
                          Article 1                          that Member State shall, in the manner and to the
                                                             extent provided in paragraph 1 , draw a fourth share
 1 . From 1 January until 31 December1980 9 a                equal to the third.
 Community tariff quota of 2 . 300 tonnes shall be
 opened within the Community in respect of                   This process shall apply until the reserve is used up.
 fcrro-chromium, containing by weight not more than
 0 i0'X> of carbon and more than 30% but not more
                                                             4. By way of derogation from paragraphs 1 , 2 and 3 , a
 than 90% of chromium (super-refined ferro-chromium),        Member State may draw shares lower than those
 falling within subheading ex 73.02 EI of. the Common        specified in those paragraphs if there are grounds for
 Customs Tariff.
                                                             believing that those specified may not be used in full.
                                                             Any Member State applying this paragraph shall inform
 2 . Imports of the product in question may not be           the Commission of its grounds for so doing.
 charged against this tariff quota if they are already free
 of customs duties under other preferential tariff
 arrangements.
                                                                                      Article 4
 3 . Within this tariff quota the Common Customs
 Tariff duty shall be totally suspended.                     Additional shares drawn pursuant to Article 3 shall be
                                                             valid until 31 December T980 .
                           Article 2
 1 . A first instalment of 2. 200tonnes shall be allocated
                                                                                      Article S
 among the Member States; the shares, which subject to
 Article 5 shall- be valid from 1 January to 3 1 December
                                                             Member States shall, not -later than 1 October1980 ^
1 98C> s^a" be as follows:                                   return to the reserve the unused portion of their initial
                                                 (tonnes)    share which, on 15 September^ 8 Q> 's 'n excess of 20%
       Bénélux                                               of the initial volume. They may return a greater portion
                                                    40 ?
       Denmark                                               if there are grounds for believing that it may not be used
                                                      '1     in full.
       Germany                                      634
       France                                       128
       Ireland                                         1
                                                             Member States shall, not later than 1 October 1980,
                                                             notify the Commission of the total quantities of the
       Italy                                        687
                                                             product in question imported up to and including
       United Kingdom                               340      15 September 1 9 80 and charged against the Community
                                                             quota and of any portion of their initial shares returned
 2. The second instalment of 100 tonnes shall constitute     to the reserve.
 the reserve.
                           Article 3                                                  Article 6
 1.   If a Member State has used 90% or more of its          Member States may restrict the charging of imports
 initial share as fixed in Article 2 ( 1 ), or of that share against their shares to products for certain intended uses.
 minus any portion returned to the reserve pursuant to       In that case the Community provisions on the matter
 Article 5, it shall forthwith, by notifying the             shall be applied for checking that the product has been
 Commission, draw a second sha're, to the extent that the    used for the stipulated purpose.
 ---pagebreak---                                                    - 3 -
                        Article 7                               2. The Member States shall ensure that importers of
                                                                the product in question established in their territory
The Commission shall keep an account of the shares              have free access to the shares allocated 'to them.
opened by the Member States pursuant to Articles 2 and
3 and shall, as soon as the information reaches it,             3.   The extent to which the Member States have used
inform each State of the extent to which the reserve has        up their shares shall be determined on the basis of
been used up.                                                   imports of the products in question entered with the
                                                                customs authorities for f rge c i rcu | at ion .
It shall, not later than 5 October - 1!£0 , inform the
Member States of the amount still in reserve following                                   Article 9
any return of shares pursuant to Article 5.
                               *
                                                                At the request of the Commission, the Member States
It shall ensure that when the drawing which exhausts            shall' inform it of the imports actually charged against
the reserve does not exceed the balance available, and to       their shares.
this end shall notify the amount of that balance to the
Member State making the last drawing.                 I
                                                                                         Article 10
                                                                The Member States and the Commission shall cooperate
                        Article 8                                closely to ensure that this Regulation is complied with.
 1 . The Member States shall take all appropriate
measures to ensure that additional shares drawn                                          Article 11
 pursuant to Article 3 are opened in such a way that
 imports may be charged without interruption against            This Regulation shall enter into force on 1 January
 their accumulated shares of the Community quota.                19S0 .
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at
                                                                                        For the Council
                                                                                         The President
 ---pagebreak---                                                                                                     t-"
            FICHE l' INANCIERE                                              Dû ce :
            1 . Ligne budgétaire concernée : Chap . 12 arc . 120
          . 2 .\Base juridique : Article 113 du traité                   *        -,        J
             3 .. Intitulé de la mesure tarifaire :           °                -•
               . Propositions de règlements du Conseil portant ouverture , répartition et
                   mode de gestion des contingents tarifaires communautaires contractuels
                   pour les ferro-alliages ( année 1980 )                                     .
                         - ferro-si liciura. du 73.02 C          •          ■'
                         - ferro-si li co-manganèse du 73.02 D
                     *     ferro-chrome surraffiné du ex 73.02 El .
             4 . Objectif : Respect des engagements contractes au GATT .
              5 . Mode de calcul :
                 . - N a du T.D.C.                      73.02 C ; D et ex E I                           -
                   - Volume du /des contingent(s ) "    5.500 tonnes , 15.000 tonnes et 2.300 tonnes
                   - Droits à appliquer                 0 X                     "
                   - Droits du T.D.C.                   10 X,       5,5 %          et 8 X ,
            • 6 . Perte de recettes :
                                      Ferro-si li cium    Ferro-si 11 co             Ferro-chrome
                                                          manganèse
 Valeur 1 tonne Cen UCE )                    385,12           407,82                         807,41
Valeur totale ( en UCE )             2.118.160          6.117.300                    1.857.043
Perte ( en UCE )                         211.816          336.452-                     148.563
                                       I
                                                          696.831 UCE
Par rapport à 1979 , diminution des pertes de recettes de 1.103.169 UCE