CELEX: 51987PC0688
Language: en
Date: 1987-12-11
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for ferro-chromium containing by weight more than 6% of carbon falling within subheading 7202 41 90 of the Combined Nomenclature (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 688
Vol. 1987/0315
 ---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) modifié en dernier
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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
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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, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM < 87 ) 688 final
                                               Brussels , 11 December 1987
                                  Proposal for a
                             COUNCIL REGULATION ( EEC )
        opening , allocating and providing for the administration of a
        Community tariff quota for ferro-chromium containing by weight
     more than 6% of carbon falling within subheading 7202 41 90 of the
                          Combined Nomenclature ( 1988 )
                         ( submitted by the Commission )
                           t 2 2 DEC ï3o? il
                                  Sorii ÙJ jecretdiijl
                                           jecretaiial
                                        Général
   C0M(87 ) 688 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
1 . On the basis of an agreement concluded between producers and users of
    ferro-chromium containing by weight more than 6% of carbon ,            which
    guarantees priority market access for Community production , the Council has
    in the last few years opened autonomous tariff quotas covering the
    Community user industries' total requirements for imports from third
    countries . The 1987 quota volume has twice been increased and now stands at
    400 000 tonnes .
2 . The advisability of renewing this quota for 1988 was examined at meetings
    with Government experts and the producers and users concerned . Their
    discussions revealed that :
    ( a ) as a result of the fall in United States exports of alloy scrap, the
          partial halt to FeCr production in Japan and the combination of
          increased consumption of and higher prices for FeCr since June 1987
          thanks to the upswing in the stainless steel sector , users are already
          predicting a shortage of supplies ;
    ( b ) users have undertaken to provide a satisfactory market for Community
          production up to 31 December 1988;      delegations from the producer
          countries have expressed their satisfaction with the current market
          trend for their products ;
    ( c ) in accordance with earlier agreements ,   there is nothing to prevent a
          tariff quota at zero duty being opened to cover foreseeable needs for
          the first few months of 1988 and the situation being re-examined later
          in the year with a view to increasing the quota volume if necessary .
 ---pagebreak---                                       - 2 -
3 . In view of commitments previously entered into , the need to avoid
    disturbing market equilibrium and the possible future extension of the
    agreements concluded , the Commission proposes that this quota be opened for
    a volume which , on the basis of the statistics of imports from third
    countries during the first few months of 1987, is likely to cover needs
    until the first revision takes place , possibly before the summer recess of
    1988 . Of course this proposal should be amended or withdrawn if discussions
    within the Council show that a deterioration of the situation will prevent
    contractual commitments from being met in 1988 .
4 . As is customary in such cases , the quota volume has been divided into two
    parts , the first being allocated among certain Member States in proportion
    to foreseeable imports from non-preferential third countries and the
    balance being held as a Community reserve . In this case it is particularly
    important to set up such a reserve since it has not been possible to
    calculate the quota shares as exactly as would be desirable , and no quota
    shares have been allocated to Member States which are not traditional users
    of these products .
 ---pagebreak---                                    Proposai for
                           COUNCIL REGULATION ( EEC ) No
                                        of
opening, allocating and providing for the administration of a Community tariff
   quota for ferro-chromium containing by weight more than 6% of carbon and
       falling within subheading 7202 41 90 of the Combined Nomenclature
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,  and
in particular Article 28 thereof ,
Having regard to the proposal from the Commission,
Whereas there is a variable shortfall in Community production of
ferro-chromium containing by weight more than 6% of carbon and producers are
thus unable to meet the total needs of user industries ; whereas it is
therefore in the Community 's interest to suspend totally the customs duties
applicable to that metal for a period ending on 31 December 1988 within the
limits of a tariff quota fixed at an appropriate volume ; whereas , in order to
avoid disturbing the equilibrium of the market for that ferro-alloy and to
ensure both an outlet for Community production and sufficient supplies for
Community user industries , the quota volume should be fixed at a provisional
210 000 tonnes ,   thus covering immediate needs for imports from third
countries ; whereas , moreover , Member States should be free to make the
charging of products against that volume subject to certain conditions
concerning end use ;
Whereas equal and continuous access to the quota should be ensured for all
importers and the rate laid down for the quota should be applied consistently
to all imports of the product in question until the quota is exhausted ;
whereas , in the light of these principles , allocation of the tariff quota
among the Member States would seem to preserve the Community nature of the
quota ; whereas , in order to correspond as closely as possible to the real
trend of the market for the product in question the allocation should reflect
requirements of the Member States based on statistics of imports of the said
product from third countries during a representative reference period and on
the economic outlook for the quota year in question ;
Whereas , since this is an autonomous Community tariff quota intended to cover
import needs arising in the Community , the quota may , on an experimental
basis , be allocated on the basis of each Member State 's estimated provisional
needs for imports from third countries ; whereas these allocation arrangements
also ensure the uniform application of the Common Customs Tariff ;
 ---pagebreak---                                        1a -
Whereas , to allow for possible changes in imports of the said product , the
quota volume should be divided into two parts , the first being allocated among
the Member States and the second held as a reserve to cover any subsequent
requirements of Member States which have used up their initial shares ;
whereas , to afford importers some degree of certainty , the first part of the
Community tariff quota should be fixed at a high level , which in this case
could be 75% of the quota volume ;
Whereas the initial shares of the Member States may be used up at different
rates ; whereas , in order to avoid any break in the continuity of supplies on
this account , it should be provided that any Member State which has almost
used up its initial share should draw an additional share from the reserve ;
whereas each time one of its additional shares is almost used up a Member
State should draw a further share and so on as many times as the reserve
allows ; whereas the initial and and additional shares must be valid until the
end of the quota period ;  whereas this form of administration requires close
cooperation between the Member States and the Commission and the latter must
be able to monitor the extent to which the quota volume has been used up and
inform the Member States accordingly ;
 ---pagebreak---                                        - 2 -
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 the Member
State concerned should return a significant proportion thereof to the reserve
in order to prevent part of the Community tariff quota from remaining unused
in one Member State when it could be used in others ;
Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands and the
Grand Duchy of Luxembourg are united within and jointly represented by the
Benelux Economic Union , any operation concerning the administration of the
quota shares allocated to that economic union may be carried out by any one of
its members ,
HAS ADOPTED THIS REGULATION :
                                     Article 1
1 . From 1 January to 31 December 1988 the customs duty applicable to imports
     of the following product shall be suspended at the level indicated and
     within the limits of a Community tariff quota as shown below :
    Serial       Combined             Description           Volume of  Rate of
       No     Nomenclature                                     tariff   duty
                    No                                         quota    (%)
                                                            ( tonnes )
    09.2711    7202 41 90   Ferro-chromium containing by
                            weight more than 6% of carbon     210 000     0
2 . Within the limits of this tariff quota , the Kingdom of Spain and the
     Portuguese Republic shall apply customs duties calculated in accordance
     with the relevant provisions of the 1985 Act of Accession . .
3 . Imports of the product in question which benefit from exemption from
     customs duties under other preferential tariff arrangements shall not be
     charged against this tariff quota .
                                     Article 2
1 . The Community tariff quota referred to in Article 1 shall be divided into
     two parts .
 2 . The first part , amounting to 157 500 tonnes , shall be allocated among
     certain Member States ; subject to Article 5 , the quota shares shall be
     valid until 31 December 1988 and shall be as follows :
                                       ( tonnes )
     Benelux                           11  403
     Germany                           51  345
      Spain                            18  553
      France                           31  390
      Italy                            28  539
      United Kingdom                   16  270
 ---pagebreak---                                        - 2a -
3 . The second part , amounting to 52 500 tonnes , shall constitute the reserve .
4 . If an importer gives notification of imminent imports of the product in
    question into a Member State to which no initial share has been allocated
    and applies to take advantage of the quota , the Member State concerned
    shall inform the Commission and draw an amount corresponding to its
    requirements to the extent that the available balance of the reserve so
    permits .
                                     Article 3
1 . If a Member State has used 90% or more of its initial share as specified in
    Article 2(2 ), or of that share less any portion returned to the reserve
    pursuant to Article 5 , it shall forthwith , by notifying the Commission and
    to the extent that the reserve so permits , draw a second share equal to 10%
    of its initial share , rounded up where necessary to the next whole number .
2 . If , after its initial share has been used up , a Member State has used 90%
    or more of its second share as well , it shall forthwith , using the
    procedure provided for in paragraph 1 , draw a third share equal to 5% of
    its initial share , rounded up where necessary to the next whole number .
3 . If , after its second share has been used up , a Member State has used 90% or
    more of its third share , it shall , using the procedure provided for in
    paragraph 1 , draw a fourth share equal to the third .
    This process shall continue until the reserve is used up .
4 . By way of derogation from paragraphs 1 , 2 and 3, Member States may draw
    smaller shares than those specified in the said paragraphs if there is
    reason to believe that they might not be used in full . Member States shall
    inform the Commission of their reasons for applying this paragraph .
                                     Article 4
Additional    shares   drawn  pursuant   to   Article 3  shall   be  valid   until
31 December 1988 .
 ---pagebreak---                                       - 3 -
                                    Artide 5
By 1 October 1988 at the latest Member States must return to the reserve the
unused portion of their initial share which , on 15 September 1988, is in
excess of 20% of the initial volume . They may return a greater portion if
there is reason to believe that it might not be used .
By 1 October 1988 at the latest Member States must notify the Commission of
the total quantities of the product concerned imported on or before
15 September 1988 and charged against the Community quota and of any portion
of their initial share that they are returning to the reserve .
                                    Article 6
Member States may decide that only products intended for certain uses may be
charged against their shares of the quota for the products in question . In
this case use of the products for the prescribed specific purpose shall be
monitored by application of the relevant Community provisions .
                                    Article 7
The Commission shall keep account of the shares drawn by Member States
pursuant to Articles 2 and 3 and shall inform each Member State of the extent
to which the reserve has been used up as soon as it has been notified .
It shall inform the Member States not later than 5 October 1988 of the state
of the reserve following any return of quota shares pursuant to Article 5 .
It shall ensure that the drawing which exhausts the reserve does not exceed
the balance available , and to this end shall notify the amount of that balance
to the Member State making the final drawing .
                                    Article 8
1 . Member States shall take all appropriate measures to ensure that additional
    drawings of shares pursuant to Article 3 enable imports to be charged
    without interruption against their accumulated share of the Community
    quota .
2 . Member States shall ensure that importers of the product concerned have
    free access to the quota shares allocated to them .
3 . Member States shall charge imports of the product in question against their
    shares as and when the goods are entered with the customs authorities for
    free circulation .
4 . The extent to which Member States have used up their shares shall be
    determined on the basis of the imports charged in accordance with
    paragraph 3 .
                                    Article 9
At the request of the Commission , Member States shall inform it of imports
actually charged against their quota shares .
 ---pagebreak---                                    ΑτΐΐεΙβ ΊΟ
The Member states and the Commission shall cooperate closely to ensure that
this Regulation is complied with .
                                   Article 11
This Regulation shall enter into force on 1 January 1988 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,
                                                      For the Counci l
                                                      The President