CELEX: 31977R2305
Language: en
Date: 1977-10-18 00:00:00
Title: Council Regulation (EEC) No 2305/77 of 18 October 1977 on the opening, allocation and administration of a Community tariff quota for ferro-chromium containing not more than 0.10% by weight of carbon and more than 30% but not exceeding 90% inclusive by weight of chromium (super-refined ferro-chromium) falling within subheading ex 73.02 E I of the Common Customs Tariff (1978)

No L 269 / 12                       Official Journal of the European Communities                             21 . 10 . 77
                                    COUNCIL REGULATION (EEC) No 2305/77
                                                   of 18 October 1977
               on the opening, allocation and administration of a Community tariff quota for
               ferro-chromium containing not more than 0*10 % by weight of carbon and
               more than 30 % but not exceeding 90 % inclusive by weight of chromium
               (super-refined ferro-chromium) falling within subheading ex 73.02 E I of the
                                            Common Customs Tariff ( 1978)
THE COUNCIL OF THE EUROPEAN                                    shares in the quota volume can be expressed roughly
COMMUNITIES,                                                   as follows :
                                                                         Benelux                            16-21
Having regard to the Treaty establishing the European                    Denmark                             0-35
Economic Community, and in particular Article 113
thereof,                                                                Germany                            47-76
                                                                        France                               0-69
                                                                        Ireland                              0-03
Having regard to the proposal from the Commission,                      Italy                                3-93
                                                                        United Kingdom                     31-03
Whereas, as regards ferro-chromium containing by
weight not more than 010 % of carbon and more                  Whereas, to take account of future import trends for
than 30 % but not exceeding 90 % of chromium                   the products concerned, the quota should be divided
(super-refined      ferro-chromium)       falling   within     into two tranches, the first being allocated and the
subheading ex 73.02 E I, the European Economic                 second held as a reserve to cover subsequently the
Community has undertaken to open an annual nil                 requirements of Member States which have exhausted
duty tariff quota of 3 000 tonnes ; whereas the tariff         their initial share ; whereas to give importers some
quota concerned should therefore be opened on 1                degree of certainty, the first tranche of the tariff quota
January 1978 and allocated among the Member                    should be fixed at a high level, which could be 96 %
States ;                                                       of the amount of the quota ;
Whereas arrangements for the utilization of the                Whereas initial shares may be exhausted at different
Community tariff quota based on an allocation among            rates ; whereas to avoid disruption of supplies on this
Member States would seem to be consistent with the             account it should be provided that any Member State
Community nature of the quota ; whereas, to corres­            which has almost used up its initial share should draw
pond as closely as possible to the actual trend of the         an additional share from the reserve ; whereas each
market in the product in question , allocation of the          time    its  additional share    is almost  exhausted     a
quota should be in proportion to the requirements of           Member State should draw a further share, and so on
the Member States as calculated by reference to statis­        as many times as the reserve allows ; whereas the
tics of imports from third countries during a represen­        initial and additional shares should be valid until the
tative reference period and to the economic outlook            end of the quota period ; whereas this form of adminis­
for the quota period in question ;                             tration requires close collaboration between the
                                                               Member States and the Commission , and the Commis­
                                                               sion must be in a position to keep account of the
Whereas, during the last three years for which statis­
                                                               extent to which the quota has been used up and to
tics are available, the corresponding imports into each        inform the Member States accordingly ;
of the Member States represented the following
percentages of their total imports of the product in
question :                                                     Whereas if at a given date in the quota period a
                               1974      1975      1976        considerable quantity of a Member State's initial share
                                                               remains unused, it is essential that that Member State
Benelux                        6-84     10-27     1014         should return a significant proportion thereof to the
Denmark                        0-07      0-15      0-02        reserve to prevent a part of the quota from remaining
                                                               unused in one Member State while it could be used in
Germany                      42-92      48-52     34-18
France                        15-55      0-30      3-95
                                                               others ;
Ireland                        006       0-01      0
Italy                         17-57     17-40     27-17        Whereas, since the Kingdom of Belgium , the
United Kingdom                17-00     23-35     24-54        Kingdom of the Netherlands and the Grand Duchy of
                                                               Luxembourg are united within and jointly represented
Whereas , in view of these factors and of market fore­         by the Benelux Economic Union, any measure
casts for ferro-chromium for 1978 the percentage               concerning the administration of the shares allocated
 ---pagebreak--- 21 . 10 . 77                        Official Journal of the European Communities                        No L 269 / 13
to that economic union may be carried out by one of            share drawn by it, that Member State shall forthwith,
its members.                                                   in the manner and to the extent provided in para­
                                                               graph 1 , draw a third share equal to 5 % of its initial
                                                               share rounded up as necessary to the next whole
                                                               number.
HAS ADOPTED THIS REGULATION :
                                                               3.    As soon as a Member State, after exhausting its
                                                               second share, has used 90 % or more of the third
                         Article 1                             share drawn by it, that Member State shall, in the
                                                               manner and to the extent provided in paragraph 1 ,
 1 . For the period 1 January to 31 December 1978 ,            draw a fourth share equal to the third.
a Community tariff quota of 3 000 tonnes shall be
opened within the Community in respect of ferro­               It shall continue in this fashion until the reserve is
chromium containing by weight not more than                    exhausted .
01 0 % of carbon and more than 30 % but not
exceeding 90 % of chromium (super-refined ferro­               4. By way of derogation from paragraphs 1 , 2 and
chromium) falling within subheading ex 73.02 E I of            3, a Member State may draw shares lower than those
 the Common Customs Tariff.                                    specified in those paragraphs if there are grounds for
                                                               believing that those specified may not be used in full.
 2. Imports of the product in question shall not be            Any Member State applying this paragraph shall
 covered by this tariff quota if they are already free of      inform the Commission of its grounds for so doing.
 customs duties under other preferential tariff treat­
 ment.
                                                                                        Article 4
 3 . Within this quota, Common Customs Tariff
 duty shall be totally suspended.                              Additional shares drawn pursuant to Article 3 shall be
                                                               valid until 31 December 1978 .
                          Article 2
                                                                                        Article 5
 1.     A first tranche of 2 900 tonnes of this Commu­
                                                                Member States shall, not later than 1 October 1978,
 nity tariff quota shall be allocated among the Member
 States ; the shares, which subject to Article 5 shall be       return to the reserve the unused portion of their initial
 valid from 1 January to 31 December 1978, shall be             share which, on 15 September 1978 , is in excess of
 as follows :                                                   20 % of the initial volume. They may return a greater
                                             (tonnes)           portion if there are grounds for believing that it may
                                                                not be used in full .
         Benelux                                 470
         Denmark                                  10            Member States shall, not later than 1 October 1978 ,
         Germany                               1 385
                                                                notify the Commission of the total quantities of the
         France                                   20
                                                                product in question imported up to and including 15
         Ireland                                    1
                                                                September 1978 and charged against the Community
         Italy                                   114
                                                                quota and of any portion of their initial shares
         United Kingdom                          900            returned to the reserve .
 2.     The second tranche of 100 tonnes shall consti­
 tute a reserve .                                                                       Article 6
                                                                Member States may restrict the possibility of charging
                          Article 3                             against their quotas to certain intended uses. In that
                                                                case the Community provisions on the matter shall be
  1.    As soon as a Member* State has used 90 % or             applied for checking that the product has been so
  more of its initial share as fixed in Article 2 ( 1 ), or of  used.
  that share minus any portion returned to the reserve
  pursuant to Article 5, it shall forthwith, by notifying
  the Commission, draw a second share, to the extent                                    Article 7
  that the reserve so permits, equal to 10 % of its initial
  share rounded up as necessary to the next whole               The Commission shall keep an account of the shares
  number.                                                       opened by the Member States pursuant to Articles 2
                                                                and 3 and shall, as soon as the information reaches it
  2.    As soon as a Member State, after exhausting its         inform each State of the extent to which the reserv<
  initial share, has used 90 % or more of the second            has been used up.
 ---pagebreak--- No L 269 / 14                     Official Journal of the European Communities                          21 . 10 . 77
It shall, not later than 5 October 1978 , inform the          3.     The extent to which the Member States have
Member States of the amount still in reserve following        used up their shares shall be determined on the basis
any return of shares pursuant to Article 5 .                  of the importations of the products in question
                                                              entered with the customs authorities for home use.
It shall ensure that when an amount exhausting the
reserve is drawn the amount so drawn does not exceed
                                                                                     Article 9
the balance available, and to this end shall notify the
amount of that balance to the Member State making             At the request of the Commission, the Member States
the last drawing.                                             shall inform it of the importations charged against
                                                              their shares.
                        Article 8
1.    The Member States shall take all appropriate                                   Article 10
measures    to   ensure that  additional  shares drawn
pursuant to Article 3 are opened in such a way that           The Member States and the Commission shall coop­
importations may be charged without interruption              erate closely to ensure that this Regulation is
against their accumulated shares of the Community             complied with.
quota.
                                                                                     Article 11
2.    The Member States shall ensure that importers
of the product in question established in their terri­        This Regulation shall enter into force on 1 January
tory have free access to the shares allocated to them.        1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Luxembourg, 18 October 1977.
                                                                          For the Council
                                                                            The President
                                                                            H. SIMONET