CELEX: 51981PC0591
Language: en
Date: 1981-10-22
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 (1982)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for a ferro-silco-manganese falling within subheading 73.02 D of the Common Customs Tariff (1982)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for ferro-chromium containig not more than 0.10% 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 E I of the Common Customs Tariff (1982) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 591
Vol. 1981/0180
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM(81)591 final
                                           Brussels . 22 October 1981
                           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 ( 1982 )
                            Proposal for a
                      COUNCIL REGULATION (EEC )
    opening , allocating and providing for the administration of a Community
    tariff quota for a ferro -silco-manganese falling within subheading 73.02 D
                                                                    I
                          of the Common Customs Tariff ( 1982 )
                             Proposal for a
                       COUNCIL REGULATION (EEC )
    opening, allocating and providing for the administration of a Community
    tariff quota for ferro-chromium containig not more than 0.10% 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 /X
                                                                                 E I of
                       the Common Customs Tariff ( 1982 )* \          -■ * •, 'S
                                                                           -/\
                                                                                S\
                                                                   -       V­
                                                                                   - \
                                                                                    •J
                  ( submitted to the Council by the Commission)
 C0M(81 ) 591 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
  1.. As part of the multinational negotiations within 6ATT
        the Community undertook to open the Community duty-free tariff
        quotas each year for the three following ferro-alloys
             73.02 C               ferro-si licon                                  20.000 tonnes
           '                                                  '      ' - 1                  •
             73.02 0               ferro-si lico-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 . Th^se quotas must
        therefore be reduced by quantities , representing the share of
        these countries Community imports . The volume^ of these quotas                                        N
    •" are thus reduced .                *to 1 1 . 100 .tonnes for ? ferro-si li con ,                      '•
        18.550 tonnes for«.ferro-si lico-mangandse and 3 . 950 tonnes for .
        overref ined - ferro-chromium .                     *                 :      :
                                     \  ■ . -         / ,         "-
                                  ' • '     '       •           *         ■• ■ (                     l
2 .- The Commission's' proposals regarding these , f 7 rst 'two 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 198,2 ).                                              j
        For the third , in the absence of ; equivalent precedents , the allotting
        of the share between the Member States is based solely on the fore­
        cast needs provided by the Member States .
                                                                                       i • • / ■ ■ •
 ---pagebreak---               «
     . - 3 . The proposals for regulations annexed hereto therefore
             relate to the opening^ the distribution and type of -
             management.
                                ©f the following Community         •
                                                                           tariff quotas for *           ;
             198^ :
                                                                                                     fr    «
I·
!                 Γ» ο λ <· Ï ΐρ I it tf t of          O'Kjt Λ '     Quota        Volume of         Volume of
                         £Γ        JΤ               voiuse         - duty           reserve   -      initial
                                                                                           *
                                                                                                     t rar.c.'e
                                                     V
                                                                                           *'
   Annex A      ferro-si 1 icon              · . '.1.1.100.*· ..      0 * ...   .   500- t ·'«··     10.600 t
   Annex S/     ferro-si li coj-
                manganese                          38.550 t      ,    0 %           900 t .
                                                                                       i '
                                                                                                  ,  17.650 t
   Annex C      overrefined                      - 72.950 t :      .0 *       -   < 15S t       ;      2.809 t
                ferro-chromium                                                       ' > '
                                                                                       X
                                                                                       t
 ---pagebreak---                                                              proposal for a           .
                 *•                *                                                    *     •••»«»–   Anncx A
                                     •     COUNCIL REGULATION (EEC) N e
                                                   of
                  opening, allocating and providing for the administration o£ a Community tarifiL.H /^qOoS
                     ferro-silicon falling within subheading 73.02 C of the Common Customs Tariff A W- J
  THE COUNCIL OF THE EUROPEAN                                     the following percentages of total imports of the
  COMMUNITIES,                                                    product in question :
  Having regard to the Treaty establishing the European                                           197    197     ,    197
  Economic Community, and in particular Article 113
  thereof,
                                                                  Benelux                     9.26      9.23        7.71 ,
  Having regard to the proposal from the Commission,              Denmark                     0.92      0.17        0
                                                                  Germany                    Ç6.30     44.06      45.36
                                                                  Greece                      0.70      0.45        0.06
  Whereas, as regards ferro-silicon, falling within
  subheading 75.02 C, the European Economic Commu­
                                                                  France                      2.34      2.65      13.33
  nity has undertaken to open an annual duty-free tariff          Ireland                     0         0           0     .
  quota of 20 000 tonnes ; whereas this should however            Italy                      18.04     17.84       15.18
  be reduced to 11 100 tonnes to take account of the              United Kingdom             22.43     25.60       18.36.
                                                                                          /
  traditional imports from EFTA countries which have
  been free of customs duty under the Agreements
  concluded with thpse countries ; whereas the tariff
  quota concerned should therefore be opened on 1                 Whereas, in view of these factors and of market fore­
  January 198 2 and allocated among the Member                    casts for ferro-silicon for 1982, the initial percentage ,
  States :                                   -                    shares in the quota volume can be expressed approxi­
                                                                  mately as follows :                                       '
  whereas equal and continuous access to the quota
  should be ensured for all importers and the rate of                   Bénélux                           9.26
  duty for the tariff quota should be applied consistently              Denmark                           0.17
  to all imports until the quota is exhausted ;                         Germany                          45.47
                                                                        Greece                            0.52
                                                                        France                            9.70
. Whereas arrangements for the utilization of the                       Ireland                           0.11
  Community tariff quota based on an allocation among .                 Italy                            17.55
  Member States would seem to be consistent with the
                                                                        United Kirtedoiji                17.22
  Community nature of the quota ; whereas, to corres­
  pond as closely as possible to the actual trend of the
  market in the product in question, allocation of the
                                                                  Whereas, to take account of future import trends for
  quota should be in proportion to the requirements of
  the Member States as calculated by reference to statis­         the products concerned, the quota should be divided
                                                                  into two instalments, the first being allocated and the
  tics of imports from third countries during a represen­
                                                                  second held as a reserve to cover subsequently the
  tative reference period and to the economic outlook
  for the quota period in question ;                              requirements of Member States which have used up
                                            «
                                                                  their initial share ; whereas, to give importers some
                                                                  degree of certainty, the first instalment of the tariff
  Whereas, during the last three years for which                  quota should be fixed at a high level, which in this
  complete statistics are available, the corresponding            case should be approximately 95 % of the volume of
  imports into each of the Member States represented              the quota ;
 ---pagebreak---                                                       - 2 -
Whereas initial shares may be used up at different                                     Article 2
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        1.    The Community tariff quota referred to in
an additional share from the reserve ; whereas each           Article 1 shall be divided into two instalments.
time its additional share is almost used up a Member
State should draw a further share, and so on as many          2.    A first instalment of 10 600 tonnes shall be allo­
times as the reserve allows ; whereas the initial and         cated among the Member States ; the sharesr which
additional shares should be valid until the end of the
                                                              subject to Article 5 shall be valid from 1 January to 31
quota period ; whereas this form of administration            December 1 9$ , shall be as follows :
requires close collaboration between the Member
States and the Commission, which latter must be in a                                                        (tonnes)
position to keep account of the extent to which the
quotas have been used up and to inform the Member                   Benelux                              982
States accordingly ;                                                Denmark                               18
                                                                    Germany                           4  820
                                                                    Greece                                55
Whereas if at a given date in the quota period a                    France                            1  028
considerable quantity of a Member State's initial, share            Ireland                               12
remains unused, it is essential that that Member State              Italy                             1  860
should return a significant proportion to the reserve,              United Kingdom                    1  825
in order to prevent a part of the Community quota                                                                 »
remaining unused in one Member State while it could
be used in others ;                                           3.    The second instalment of 500 tonnes shall consti­
                                                              tute 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                                   Article 3
by the Benelux Economic Union, any measure
concerning the administration of the shares allocated
                                                              1.     If a Member State has used 90 % or more of its
to that economic union may be carried out by any
one of its members,                                           initial share as fixed in Article 2 (2), or of that share
                                                              minus any portion returned to the reserve pursuant to
                                                              Article 5, it shall forthwith, by notifying the Commis­
                                                              sion, draw a second share, to the extent that the
                                                              reserve so permits, equal to 5 % of its initial share
                                                              rounded up as necessary to the next whole number.
HAS ADOPTED THIS REGULATION :
                                                           ,  2.     If a Member State, after exhausting its initial
                                                              share, has used 90 % or more of the second share
                                                              drawn by it, that Member State shall forthwith, in the
                        Article 1                             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.
1 . , From 1 January to 31 December 1982a Commu­
nity tariff quota of 11 100 tonnes shall be opened in
                                                              3.     If a Member State, after exhausting its second
the Community for ferro-silicon falling within                share, has used 90 % or more of the third share drawn
subheading 73.02 - C of the Common Customs Tariff.
                                                            . by it, that Member State shall, in the manner and to
                                                              the extent provided in paragraph 1 , draw a fourth
2. Imports of the product in question may not be           , share equal to the third.
charged against this tariff quota if they are already free
of customs duties under other preferential tariff
arrangements.                                                 This process shall apply until the reserve is used up.
3. Within this quota the Common Customs Tariff                4. By way of derogation from paragraphs 1 to 3, a
duty shall be totally suspended.                              Member State may draw shares Jower than those speci­
                                                              fied in those paragraphs if there are grounds for
4. Within the limits of this tariff quota, Greece             believing that those specified may not be used in full.
shall apply duties calculated in accordance with the          Any Member State applying this paragraph shall
relevant provisions in the Act of Accession of 1979.          inform the Commission of its grounds for so doing.
 ---pagebreak---                          Article 4                           It shall ensure that the drawing which exhausts the
                                                           • reserve does not exceed the balance available, and to
Additional shares drawn pursuant to Article 3 shall be       this end shall notify the amount of that balance to the
valid until 31 December 1982.
                                                             Member State making the last drawing.
                         Article 5                       '
                                                                                       Article 8
Member States shall, not later than 1 October 1982,
return to the reserve the unused portion of their initial    1.    Member       States   shall  take   all    appropriate
                                                             measures   to ensure       that additional    shares drawn
share which, on 15 September 1 98 2 is in excess of
20 % of the initial volume. They may return a greater        pursuant to Article 3 are opened in such a way that
portion if there are grounds for believing that it may       imports may be charged without interruption against
not be used in full .                                        their aggregate shares of the Community quota.
Member States shall, not later than 1 October .198?, -       2. Member States shall ensure that importers of the
notify the Commission of the total quantities of the         product in question established in their territory have
product in question imported up to and including 15          free access to . the shares allocated to them.
September 1982 and charged against the Community '           3.    The extent to which the. Member States have
quota and of any portion of their initial shares
returned to the reserve.                        >  •         used up their shares shall be determined on the basis
                                                             of the imports of the products in question entered
                                                             with the customs authorities for free circulation .
                         Article 6
Member States may restrict the charging of imports                                     Article 9
against their shares to products for certain intended '
uses. In that case the Community provisions on the           At the Commission s request. Member States shall
matter shall be applied for checking that the product        inform it of imports actually charged against their
has been used for the stipulated purpose.                    shares.
                         Article 7                                                     Article 10
The Commission shall keep an account of the shares           The Member States and the Commission shall coop­
opened by the Member. States pursuant to Articles 2          erate closely to ensure that this Regulation is
and 3 and shall, as soon as the information reaches it,
inform each State of the extent to which the reserve
                                                             complied with. ■
has been used up.
                                                                   ,                   Article 11
It shall not later than 5 October 1982 , inform the -
Member States      of   the   amount still   in   reserve,   This Regulation shall enter into force on 1 January
following any return of shares pursuant to Article 5.        1982 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.                                                 ;
              Done at Brussels,                        .           !
                                ,          I                             For the Council
                                                                          The President
 ---pagebreak---                                                        PROPOSAL FOR A
                                      COUNCIL REGULATION (EEQ                                  ANNEX B-
              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
, THE COUNCIL OF THE EUROPEAN                                   Whereas, in view of these factors and of market fore­
   COMMUNITIES,                                                 casts for ferro-silico-manganese for 19$ , the initkl
                                                                percentage shares in the quota volume can be
   Having regard to the Treaty establishing the European        expressed approximately as follows :
   Economic Community, and in particular Article 1 1 3
   thereof,                                                           Benelux                              3.26
                                                                      Denmark                              0.03
   Having regard to the proposal from the Commission,
                                                                      Germany                             62.20
                                                                      Greece                               7.70
   Whereas, as regards ferro-silico-manganese, falling
                                                                      France                               4.08
   within subheading 73.02 D, the European Economic
                                                                      Ireland                              0.03
   Community has undertaken to open an annual duty-
   free Community tariff quota of 50 000 tonnes ;                     Italy                               12.75
   whereas this should however be reduced to 18 550                   United Kingdom                       9.95
   tonnes to take account of the traditional imports from
   EFTA countries which have been free of customs duty          Whereas, to take account of future trends in imports
   under the Agreements concluded with those coun­              of the product in question, the quota should be
   tries ; whereas the tariff quota concerned should there­     divided into two instalments, the first being allocated
   fore be opened on 1 January 1982 and allocated               and , the second forming a reserve intended to cover
   among the Member States ;                                    any subsequent requirements of Member States which
                                                                have used up their initial share ; whereas, in order to
   Whereas equal and continuous access to the quota             give importers some degree of certainty, the first instal­
   should be ensured for all importers and the rate of          ment of the tariff quota should be fixed at a high
   duty for the tariff quota should be applied consistently     level, which in this case should be approximately
   to all imports until the quota is used up ; whereas in       95 % of the volume of the quota ;
   the light of the principles outlined above, arrange­
   ments for the utilization of the Community tariff
                                                                Whereas initial shares may be used up at different
   quota based on an allocation among Member States             rates ; whereas to avoid disruption of supplies on this
   would seem to be consistent with the Community               account it should be provided that any Member State
   nature of the quota ; whereas, in order that it may          which has almost used up its initial share should draw
   correspond as closely as possible to the actual market       an additional share from the reserve ; whereas each
   trends in the product in question, allocation of the         time its additional share is almost used up a Member
   quota should be in proportion to the requirements of         State should draw a further share, and so on as many
   the Member States as calculated by reference to statis­      times as the reserve allows ; whereas the initial and
   tical data on imports from third countries during a          additional shares should be valid until the end of the
 . representative reference period and to the economic          quota period ; whereas this form of administration
   prospects for the quota period in question ;                 requires close collaboration between the Member
   Whereas during the last three years for which                States and the Commission , which latter must be in a
   complete statistics are available, the corresponding         position to keep account of the extent to which the
   imports into each of the Member States represented           quotas have been used up and to inform the Member
   the following percentages of the total imports of the        States accordingly ;
   product in question :
                                                                Whereas if at a given date in the quota period a
                                                                considerable quantity of a Member State's initial share
                                  197 8     197Ç    1980        remains unused, it is essential that that Member State
                                                                should return a significant proportion to the reserve,
                                                                in order to avoid a part of the Community quota
   Benelux                        0.52     0.82     6.44
                                           0        0
                                                                remaining unused in one Member State when it could
   Denmark                        0     .                       be used in others ;
   Germany
   Greece
                                 bl-ll
                                  8.08
                                          68.67
                                           5 . 43 5f:li
   France                         0.06 3.89         4.47        Whereas, since the Kingdom of Belgium, the
   Ireland
   Italy
   United Kingdom           '
                                  0        0
                                 12.52 14-37
                                 11.60 6.82       l8:S          Kingdom of the Netherlands and the Grand Duchy of
                                                                Luxembourg are united within and jointly represented
                                                                by the Benelux Economic Union, any measure
 ---pagebreak---                                                             - 2 -
concerning the administration oI the shares allocated          2-    If a Member State, after exhausting its initial
to that economic union may be carried out by any               share, has used 90 % or more of the second share
one of its members.                                            drawn by it, that Member State shall forthwith , in the
                                                               manner and to the extent provided in paragraph !,
                                                               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
          ' -          ' Article 1                             by it, that Member State shall, in the manner and to
                                                               the extent provided in paragraph 1 , draw a fourth
 1.    From 1 January to 31 December 1982a Commu­              share equal to the (hird.
nity tariff quota of 18 550 tonnes shall be opened in
the Community for ferro-silico-manganese, falling             This process shall apply until the reserve is used up.
within subheading 73.02 D of the Common Customs
Tariff.                                                        4.    By way of derogation from paragraphs 1 to 3, a
                                                               Member State may draw shares lower than those speci­
2.     Imports of the product in question may not be           fied in those paragraphs if there are grounds for
charged against this tarriff quota if they are already         believing that those specified may not be used in full .
free of customs duties under other preferential tariff        'Any Member State applying this paragraph shall
arrangements.                                                  inform the Commission of its grounds for so doing.
3.    Within this quota the Common Customs Tariff                                      Article 4
duty shall be totally suspended.
                                  I
4. Within the limits of this tariff quota, Greece              Additional shares drawn pursuant to Article 3 shall be
                                                               valid until 31 December 1982 .
shall apply duties calculated in accordance with the
relevant provisions in the Act of Accession of 1979,
                                                                                       Article 5
                         Article 2
                                                               Member States shall, not later than 1 October 1982 ,
                                                               return to the reserve the unused portion of their initial '
1.    A first instalment of      17 650 tonnes of this
                                                               share which, on 15 September 1982 , 's in excess of
Community tariff quota shall be allocated among the            20,% of the initial tvolume. They may return a greater
Member States ; the shares, which subject to Article 5         portion if there are grounds for believing that it may
shall be valid from 1 January to 31 December 1982              not be used in full .
shall he as follows :
                                               (tonnes)        Member States shall, not later than 1 October 1982,
                                                               notify the Commission of the total quantities of the
      Bénélux                                  576
                                                               product in question imported up to and including 15
      Denmarlc                                    5
                                                               September 1982, and charged against the Community
      Germany                             10.97 ?              quota and of any portion of their initial shares
      Hreere                                1.359              returned to the reserve .
      France                                   720
      Ireland                                     5
      Italy                                 2.250                                      Article 6
      United Kingdom                        1.756
                                                               Member States may restrict the charging of imports
2.    The second instalment of 900 tonnes shall consti­        against their shares to products for certain intended
tute the reserve .
                                                               uses. In that case the Community provisions on the
                                                               matter shall be applied for checking that the. producl
                                                               has been used for the stipulated purpose.              '
                         Article J
1.     If a Member State has used 90 % or more of its                                  Article 7
initial share as. fixed in Article 2 (1 )* or of that share
minus any portion returned to the reserve pursuant tc          The Commission shall keep an account of the shares
Article 5, it shall forthwith, by notifying the Commis­        opened by the Member States pursuant to Articles 2
sion, draw a second share , to the extent that the             and 3 and shall , as soon as - the information reaches it
reserve so permits, equal to 10% of its initial share          inform each State of the extent to which the reserve
rounded up as necessary to the next whole number               has been used up.                     •
 ---pagebreak---                                                      - 3 -
It shall, not later than 5 October 1982. inform the           - the product is entered with the customs authorities for
Member States of the          amount still      in   reserve,   free circulation.
following any return of shares pursuant to Article 5.
                                                                4.    The extent to which a Meriiber State has used up
It shall ensure that the drawing which exhausts the             its shares shall be determined on the basis of the
reserve does not exceed the balance available, and to           imports charged in accordance with paragraph 3.
this end shall notify the amount of that balance to the
Member State making the last drawing.                                                  Article 9
                         Article 8                              At the Commission s request. Member States shall
                                                                inform it of the importers actually charged against
1.    Member      States  shall   take    all    appropriate    their shares.
measures   to   ensure   that   additional    shares  drawn
pursuant to Article 3 are opened in such a way that                                    Article 10
imports may be charged without interruption against
their aggregate shares of the Community quota.
                                                                The Member States and the Commission shall coop­
                                                                erate closely to ensure that this Regulation is
2. Member States shall ensure that importers of the             complied with.
product in question established in their territory have
free access to the shares allocated to them.                                           Article 11
3. Member States shall charge imports of the                    This Regulation shall enter into force on 1 January
product in question against their shares as and when            198 ?.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels,
                                                                            For the Council
                                                                              The President
 ---pagebreak---                                                                                            ANNEX C
                                                Proposal for a
                                   COUNCIL REGULATION (EEC) No
              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 not more than 90 % by weight of chromium (super-
              refined ferro-chromium), falling within subheading ex 73.02 E I of the
                                          Commons Customs Tariff ( 1982)
THE COUNCIL OF THE EUROPEAN                               Whereas, taking into account the foreseeable evolu­
COMMUNITIES,                                              tion of the market in such ferro-chromium for the
                                                          year 198A and in particular the forecasts made by the
                                                          Member States, the initial percentage shares in the
Having regard to the Treaty establishing the European     quota volume can be expressed approximately as
Economic Community, and in particular Article 113         follows :
thereof,    .
                                                                Bénélux                     13.82
Having regard to the proposal from the Commission,              Denmark                       0.18
                                                                Germany                     31.46
                                                                Greece          i             0.21
Whereas, as regards ferro-chromium containing by                France                      37.96
weight not more than 0-10 % of carbon and more                  Ireland                       0.12
than 30 % but not more than 90 % of chromium                    Italy                         6.50
(super-refined • ferro-chromium),        falling within         United Kingdom                9.75 .
subheading 73.02 E 1, the European Economic
Community has undertaken to open an annual duty-
free tariff quota of 3 000 tonnes ; whereas this should
however be reduced to 2 950 tonnes to take account        Whereas, to take account of future import trends for
of the traditional imports from EFTA countries which      the products concerned, the quota should be divided
have been free of customs duty under the Agreements       into two instalments ; the first being allocated and the
concluded with those countries ; whereas the tariff       second held as a reserve to cover subsequently the
quota concerned should therefore be opened on 1           requirements of Member States which have exhausted
January 1 98 2 - and allocated among the - Member         their initial share ; whereas, to give importers some
States :                                                  degree of certainty, the first instalment of the tariff
                                                          quota should be fixed at a high level, which in this
                                                          case should be approximately 95 % of the volume of
Whereas equal and continuous access to the quota          the quota ;
should be ensured for all importers and the rate of
duty for the tariff quota should be applied consistently
to all imports until the quota is used up ; whereas       Whereas initial shares may be used up at different
arrangements for the utilization of the Community         rates ; whereas to avoid disruption of supplies on this
tariff quota based on an allocation among Member          account it should be provided that any Member State
States would seem to be consistent with the Commu­
                                                          which has almost used up its initial share should draw
nity nature of the quota ; whereas, to correspond as      an "additional share from the reserve ; whereas each
closely as possible to the actual trend of the market in  time its additional share is almost used up a Member
 the product in question, allocation of the quota         State should draw a further share, and so on as many
 should be in proportion to the requirements of the       times as the reserve allows ; whereas the initial and
 Member States as calculated by reference to statistics   additional shares should be valid until the end of the .
of imports from third countries during a representa­      quota period ; this form of administration requires
tive reference period and to the economic outlook for     cloSe collaboration between the Member States and
the quota period in question ;                            the Commission, which latter 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 accord­
 Whereas ferro-chromium of this quite specific quality     ingly ;
 is not singled out in the Member States statistical
 nomenclatures ; whereas their corresponding imports
 from third countries, not already benefiting from an
 equivalent preferential arrangement, , could not be      Whereas if at a given date in the quota period . a
 detailed in their entirety for the abovementioned refer­ considerable quantity of a Member State's initial share
 ence period ;                                             remains unused, it is essential that that Member State
 ---pagebreak---                                                         - 2 -
  should return a significant proportion to the reserve,                                   Article 3
  in order to prevent a part of the Community quota
  remaining unused in one Member State while it could             1.     If a Member State has used 90 % or more of its
  be used in others ;                 ,                           initial share- as fixed in Article 2 ( 1 ), or of that share
                                                                  minus any portion returned to the reserve pursuant to
  Whereas, since the Kingdom of Belgium, the                      Article 5, it shall forthwith, by notifying the Commis­
  Kingdom of the Netherlands and the Grand Duchy of               sion, draw a second share, to the extent that the
  Luxembourg are united within and jointly represented            reserve so permits, equal to 10 % of its initial share
  by the Benelux Economic Union, any measure                    • 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                2.     If a Member State, after exhausting its initial
  one of its members,                                             share, 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
  HAS ADOPTED THIS REGULATION :                                   rounded up as necessary to the next whole number.
                                                                                 J
                                                                  3.     If a Member State, after exhausting its second
                           Article ?7                             share, has used 90 % 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
   1 . From 1 January to 31 December 198 2a Commu­                share equal to the third.
  nity tariff quota of 2 950 tonnes shall be opened in
  the Community for ferro-chromium containing by                  This process shall apply until the reserve is used up.
  weight not more than 0-10 % of carbon and more
  than 30 % but not more than 90 % of chromium
                                                                  4.     By way of derogation from paragraphs 1 to 3, a
  (super-refined     ferro-chromium),       falling within        Member State may draw shares lower than those speci­
  subheading 73.02 E I of the Common Customs Tariff.              fied 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
  charged against this tariff quota if they are already free      inform the Commission of its grounds for so doing.
  of customs duties under other preferential tariff
  arrangements.
                                          I                                                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 19821 .
  4. Within the limits of this tariff quota, Greece
  shall apply duties calculated in accordance with the .
                                                                                           Article 5
  relevant provisions in the Act of Accession of 1979.
                                                                  Member States shall, not later than 1 October 1982,
                           Article 2                              return to the reserve the unused portion of their initial
                                                                  share which, on 15 September 1982 , is in excess of
                                                                  20 % of the initial volume. They may return a greater
   1.   A   first instalment   of   2 800    tonnes    of  this
                                                                  portion if there are grounds for believing that it may
  Community tariff quota shall be allocated among the             not be used in full.
, Member States ; the shares, which subject to Article 5
  shall be valid from 1 January to 31 December 1982,              Member States shall, not later than 1 October 1982,
  shall be as follows :
                                                                  notify the Commission of the total quantities of the
                                                  (tonnes)        product in question imported up to and including 15
                                                   387
                                                                  September 19f£ , and charged against the Community
       Bénélux                                                    quota and of any . portion of their initial shares
       Denmark                                        5           returned to the reserve.
       Germany                                     881
       Greece                                         6
       France                                      063 .                                   Article 6
       Ireland
       Italy                                                      Member States may restrict the charging of imports
       United Kingdom
                                                   m              against their 'shares to products for certain intended
                                                                  uses. In that case the Community provisions on the
  2.    The second instalment of 150 tonnes shall consti­         matter shall be applied for checking that the product
  tute the reserve.                                               has been used for the stipulated purpose.
 ---pagebreak---                           Article 7                           2. Member States shall ensure that importers of the
                                                              product in. question established in their territory have
The Commission shail keep an account or the shares            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
inform each State of the extent to which the reserve          used up their shares shall be determined on the basis
has been used up.                                             of imports of the products in question entered with
                                                              the customs authorities for free circulation.
It shall, not later than 5 October 1982 , inform the
Member States of the amount still in reserve,                                        Article 9
following any return of shares pursuant to Article 5.
                                                              At the Commission s request, Member States shall
It shall ensure that when the drawing which exhausts          inform it of the imports actually charged against their
the reserve does not exceed the balance available, and        shares.
to this end shall notify the amount of that balance to
the Member State making the last drawing.                                          . Article 10
                                                              The Member States and the Commission shall coop­
                          Article 8                           erate closely to ensure that this Regulation is
1 . . Member       States  shall   take    all    appropriate complied with. •
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 agregate share of the Community quota. ,                198?.
               This Regulation shall be binding in its entirety and direictly applicable in all Member
               States.
               Done at Brussels.
                                                                          For the Council
                                                                           The President