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... tOMMISSION OF THE EUROPEAN COMM.UNITIES

,.QOM(75) 279 final ;;,I

Bruxel1es, 13 June 1975

HILL~ ·AN Draft

REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of an autonomous Community tariff quota for 1975 for ferro-silicon falling within subheading No 73.02 C of the Common Customs Tariff

Draft REGULATION (EEC) OF THE COUNCIL

on the opening, allocation and administration of an autonomous Community tariff quota for 1975 for ferro-si1ico-manganese falling within subheading No 73.02 D of the Common Customs Tariff

Draft REGULATION (EEC) OF THE COUNCIL

on the opening, allocation and administration of an autonoumous Community tariff.quota for 1975 for ferro-chromium containing not more than 0.10~ by weight of carbon and more than 30% but not exceeding 90% inclusive by weight of chromium (super refined ferro-chromium) falling within subheading No ex 73.02EI of the Common Customs Tariff _.-/

Draft REGULATION {EEC) OF THE COUNCIL

on the increase in volume of the Community tariff quota ~pened for 1975 for ferro-chromium containing not·le.ss than 4% by weight of carbon falling within subheading No ex 73.02 E I of the Common Customs Tariff

(submitted to the Council by the Commission)

COM(75) 279 final

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.. EXPU.NATORY MDTORA.:N:rTJM

1. The draft Regulations annexed hereto follow requests from oe1~ain

Momber States that autonomous Community tariff quotas be opened or

increased for 1975 for ferro-silioon, ferro-silico-manganese, super­

refined ferro-ohromium ·and high carbon ferro-chromium.

2. Tht:rcql'tests concerned t'l'ere studied, in particular, at coneul tations

with O:ll.})crts fro:u all the Meniber States held on 17 April 1975 on

the basis of economic information and forecasts supplied by· the

competent b·~dies. In this context it must be mentioned, as the

Co~~ission has already done manytimes, that as far as autonomous

Co~1nity tariff quotas are concerned it is insufficient simply ·to

open quotas to meet estimated import needs from third countries.

Tl:is proc<,d.:<:..:::-e is, j_n f10.d, liable to disrnpt Community production or

even to disr.ou:·age further development. in this sector. This fact is

all the more true in the present circumst~ces since a stu~ was m~Ae

of ·~hGse re.u materials on the Commmri ty market at the becinninc of this

year on the basis of forecasts which, civen the uncertainty surrounding

all sectors of Comrmmi ty production, CO'lld be significantly changed during 1975,

These factors were taken into consideration l1Than each product was

studied.

3. Frem economic forecasts supplied at that meeting Community tables maY

be drawn up in respect of each of the product~ concerned as follows:

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.......

Description Consump­tion

·'

Produc- Abnormal Inward tion stooks Proces-

on sing 31.12.74 Traffic

- in metric tons -

Imports from third countries at or below quota duty rate adopted for 1974

Ex:ports to third countries

Quota : .. opened 1.1.75

.Ferro silicon

'Ferro-silico-

503 600 315 000 3 000 3 000 118 000 46 000 20 000:

manganese 194 100 82 000 3 000 43 100 2 000 50 000

·Supel'-refined ·ferro-chrome 156 411 119 400 1 000 14 200 3 200 3 000'

I '_:gigh-ca.rbon . I

. f errO::croiii:Lum 34' 500-1

Community import requirements from third countries calculated in the usual

manner from the above figures show the follov1ing deficits and surpluses:

- f'erro-silicon · surplu;:-; of 1 400 metric tons

- ferro-silico-manganese deficit of 14 000 metric tons

- super-refined ferro-chromium deficit of 15 611 metric tons

- high carbon ferro-chromium deficit of 34 630.metric tons'. -----· ~- -------- ··-------- ------- ----- -~--

It should be noted that, in view of the increased demand for these products

as a ferro-alloys owing to the increase in steel production and of the

present comparatively stable capacity of Community production, there is

no guarantee that in 1975 the requirements of consumer industries will be

met on the scale indicated by the above- figures by deli varies from the

Community and especially from countries for which a quota duty rate is

applied which is equal to or less than that adopted for the autonomous quotas

agreed for 1974. This seems all the more true because in the past final

--,·---.......---r;-'"--.....---------- ---~--- -- ------.--- .. --·--- .. --- -~· -~I • •

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assesments of these'metals have alw~s shown a relative~ high deficit.

Furthermore, traditional trading arrangements particular~ between the

new Member States and certain third countries should not be disrupted

unduly, particularly since such trade was granted total or partial

reductions in customs duties until the end of 1974• MOreover, by

reason of the unoer~ainties which affect all sectors of Community

production and consumption, it is desirable, so as not to disturb

the sector of production, to show prudence in fixing the amounts of

the autonomous quotas, even if it means re-ex:anuning the ferro-alloy

markets situation at a more later stage in the year ~n more precise

economic data. For this reason the Commission proposes that an

autonomous tariff quota be opened at a reduced rate of duty fixed :

- at 15 000 metric .tons for ferro-silioon

- at 14 000 metric .tons for ferro-silioo-manganese

at 14 330 metric tons for super-refined ferro-ohrome

and' an increase of 20 000 metric tons in the autonomous tariff quota.

opened 1 Januar,y 1975 for high-oarbon ferro-chromium.

4. Th.e proposed rules of administrntion for: ferro-silioo-ma;n.ganese, which·

involve, ~nter alia, the ·setting up of· a res,erve, do not require special ·

mention siliCe they do not differ from . tho~e e.lreadJr proposed aild Upheld .

by thtr' Council ·for autonomous increases and the opening of contractual . . quotas already referred to for this ferro-e.lloy. ·. 'The Commission believes

that each of the quotas for ferro-silicon.and the two qualities of. ferro­

chromium should, ·on account of the size ·•·of the proposed quotas eompat'ed · '

with the actual import needs frvm third''ooWitries, be subdivi'ded into two

tranches ," the first being allocated among the Member Sta.t.es in proporti'on

to their rr~spective needs and the second consti 'tuting a Community reserve·.

The setting up of a Community reserve is justified all the more ~n the·

present circumstances since the·draft Regulations annexed hereto provide

that a.t first only thos~ l1Iembar States which at present hi~ve acttial fore- · . ;,

seeabl~ needs should share in the increase. The Commission is however aware of the·· problems posed b;y\ the evolution of these needs end: consequently resez-ves the ri~ht to alter the draft regulations later in the ligpt o:f' necessities. ·

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5• The qu.ota duties adopted tor the autonomou~ increase in the tariff quotas

tor ferro-silicon and t&rro-silioo-manganese in 1974 were respective~ 7% (instead of' 10%), 4% (instead of' 5 .5%) and 5.5% (instead of' 8%). It seems that in maintaining the qu.ota duties at 7% (for terre-silicon),

4% (for ferro-silico-ma.nganese) and 5.5% (for super-refined :f'erro-chromium)

respective~ tor the proposed autonomous increase sufficient attention is

being paid to the Community production situation in these sectors and to

the need to encourage the lqing in of supplies in the Community.

The Commission believes that in view of the special situation of the

market in high-oa:rbon terre-chromium and of the tact that it is an increase

in the Community tariff qu.ota already opened, the qu.ota duty rate should be

·maintained at zero.

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ANNEX A

Dra.tt

REGULATION (EEC) No /7 4 OF THE COUNCIL

of ••••••••••••••••

on the opening, allocation and adr.dnistration of an autonomous Community tariff quota for 1975 for ferro-silicon falling within subheading No 73.02 C of the Col11IllOn Customs Tariff

THE COUNC~L OF THE. EUROPEAN C01·1MUNITIES '·

Having regard to the Treaty establishing the European Economic Community,

and in particular Article 28 thereof;

Havir.g regard to the dra.f't Regulation submitted by the Commission;

~fuereas, as regards ferro-silicon falling wit)?.in subheading No 73.02 C of

the Common Customs Tariff, a conventional dut.y free Comw1nity tariff ~~ot~

/ ',

of 20 000 metric tons has been opened by the Council for 1974 and allocated

among the 1-!embor States by Regu.lati~n (EEC) No 2423/741 of 23 September 1974;

Whereas, bearing in mind present production capacity within the Community

and the large increase in ferro-silicon required for.the manufacture of

steel, the above mentiona1· quota of 20 000 metric tons will not cover the

entire Community import requirements of ferro-silicon from third countries;

whereas it is therefore desirable that ari autonomous Community tariff quota · .

limited to ~ 5 000 metric .tons be opened; whereas the fixing at this new

level of the quota amount does not exclude a new adjustment in the course

of the quota period; whereas, so as not to prejudice Community development

prospects in the production area ooncernel;\, the ~ota duty applicable should

be fixed at 7%;

1oJ No L 261, 27 September 1974, P• 16. .;.

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ANNEX A

Whereas ecrJ.~ and continuous access to the quota should. be ensured for all

Community importers and the rate of· duty for the tariff quota should ba

E'pplied consistently to all imports of the p·roduct in question until the .. quota is exhausted; whereas in the'lizb,t of these principles arrangements

for th~ utilization of the Community tariff quota based on an allocation

among Me~ber Stetes· would seem to be consistent with the Community nature

of the quota; whereas in order that-it may correspond as closely as

possible to the actual trend of the market in the product in ques~ion,

allocation of the quota. should be in proportion to the requirements of

the Member States as calculated by referenco·to statistics of imports from

third countries during a representative reference period and to the economio

outlook for the quat~ peri?d in question;

Whereas, on the basis of statistics available at the.time·a.nd allowing for· I

tho foreseeable development o! the ferro-silicon market during the cu~l~nt

year, the tariff quota~of 20 000 metric tons opened by the aforementioned

Re~lation was allocated in the .following percentages:

Benelu.:x · 64.75 Denmark 0.75' Gei'IIlaJ'lY 15.00 . ' France 0.25

.. Ireland 1.25 Italy 4.25 United.Kingdom 13.75;

... · .. ·

Whereas, . since the q"J.ota is· an autonomous Community ta.ri ff quota intended

to cover additional import' needs arising in the.Community, the allocetion

of the c.d.di tiona.l· share may ·'be xna.de on the basis of the actual needs'

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ANNF.X A --expressed by -~~h-o{.the Member--States'; whereas Demria.rk;· the United Kingdom,

the Federal Republic of Germany and the three Member States comprising the

Benelux Economic Union have stated that they require further supplies of 985,

11 000, 24 000 and 37 550 metrio tons respectively; whereas the further needs

of France and ItalY~ be estimated respectively at 400 and 1 000 metric tons;

whereas according· to the most recently available economic information and

statistics, Ireland has not used up enough of its share of the initial ,. i

·- ... ·--- ----------quota of 20 000 metric tons opened by the above-mentioned Regulation to

justif.y its participation at pres~nt in the Community tariff.quota;

whereas, moreover, should additional needs arise subsequently in tr~s

Member Sta~e it may have recourse to the procedure set up in.Article 3 ·

of this Regulation; whereas this s,ystem of allocation also ensures the . '

uniform application of the Common Customs Tariff;

Whereas,to take account of future import trends for the produc~ concerned,

the quota should be divided into two tranches, the first being allocated

among the above mentioned Member States end the second held as a. reserve to

cover ~bsequently the requirements of Member States which have e~~austed

their new shares and additional requirements which might arise in the other

Member States; whereas, to give importers some degree of certainty, the

first tranche of the quota should be fixed at a relatively high level which

could be 12 000 metric tons;

Whereas Member States may exhaust their initial sha.:I·es at different rates;

whereas to avoid disruption of supplies on 'iihis account it should be providod

that a:ay 1-lember State which has almost used· up i. ts initial share should draw

an additional sh~Te from the reserve; whereas each time its additional

share is almost e:chausted a Member State should draw a. furth~r. share, and so

on as mar.c~ times as the reserve allows;

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WJ:-.ereas the initial and addi tiona.l shares· should be valid until the end

of the quota period; whereas this form of administration requires close

collab.oration between the Member States and the Commission, and the

Cvr.~ission must be in· a position to keep acc~t of the extent to which

the quotas r..ave been used up and to inform the Member States accordingly;

Wher~as if at a given date in the quota period a considerable quantity

of a Member State 1s initial share remains unused in one Member State while

it oould be used in others, that such State should retur-n a signific~~t

proporbion thereof to the reserve;

Whereas, since the Kin&dom of :Belgium, the Kingdom of the Netherlands and

the Grand Duchy of Luxembourg are united within and jointly represented by

the :Benelux Economic Union, any transaction in respect of the eAministration

of the shal-es allocated to that Eoonomio Union mey be carried out by any,

one of its members;

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HA.S ADOPTED THIS REGULATION; ,

Ar+.icle 1

l. There shall be opened within the Community for the period from the date

of entry into force.of this Regulation to 31 Dece~ber 1975 in respeot. · ' ' '

of ferro-silicon falline within subheading No 73.02 C of the Common

Cu.stoms Tariff Community quota of l5 000 metric tons,

2. The Community Customs Tariff duty shall . be suspended at 7% in respect of

importations under· the above quota.

,3. New l.fember States shall apply in respect of importations under the said

quotas duties ca.lcilla.t.ed in· a.ocorda:rice With the relevant provisions of

the Act of Aocession.

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AlmEX A •• • ne

Article 2

1. A first tranche of 12 000 of this quota. shall b.e allocated among certain

Member States; the shires,.which subject to Article 6 shall be valid

until 31 December 1975, shall be as follows:

Benelux. 6 013 metric tons

Denmark 157. metric tons

Germany 3 844 metric tons France 63 metric tons Italy-· 161 metric tons United Kingdom 1 762 metric tons.

2. The second ·tranche of· 3 000 metrio tons shall constitute ~ reserve.

Article 3

Should ferro-silicon be required in Ireland this M~mber State

shall draw a sufficient share from the reserve to the extent that the

reserve so permits.

Article 4

1. As soon as one of the Member States referred to in Article 2 has used

90% or more of its initial share as fixed in Article 2(1), or of that

share· minus a:ny portion' returned to the reserve ·pur~alrt'. to Article 6·,

it shall forthwith, by notifying thEf Commission; draw a second shal-e,

to the extent that the reserve so permits, eqltal to lq% of its initial

share rounded up as ~ecessaxy to 'the ne~ whole number.

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2. As· soon as one of' the Member States' after exhausting its initial share,

has used 90% or mo~ of the second share drawn by it,· the Member State

shall forthldth, in t!1e manner and to the extent provided in paragraph l,

draw a. third share equal to .5% of its. initial share.

3. As soon as one of the Member States, after exhausting its second Sha~e,

has used 9~ or more of the third ·share drawn by it, that Member State

shall, in the manner and to the extent provided in paragraph 1 1 dral-r a .. fourth share· equal to the third.

It shall oontinue in this fashion until reserve is e:xha.usted.

4. By was of derogation from paragraphs 1 to 3, the l1ember States mcy draw I :

"!

Shares lower than those specified· in those paragraphs if there are grounds

for believing that those specified mS\Y' not be used in :f'ull. Arry Mem~er

State applying this paragraph Shall inform the Commission of its grounds

for so doing. •,

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Article 5

· Additional Shares drawn pu:rsu:a.nt to Article 4 shall be valid until

. · 3l December 1975.

Article 6 _ _....---·· -- ---· ···- ...

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The Member States :referred to in· Article 2 shall :return to the reserve, not

later than 1 November 1975, the unused portion of their initial share which,

on 15 October 1975, is in exoess of 20 %of the initial volume. They IllCcy'

return a greater portion if t.here are grounds for believing that such portion

IDS\1 not be used in full •

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A:NNEX A

Those ~~ember States shall; · ~ot lat~r thall · l November 1975 , notify the

Commission of th~ total quanti ties of'. the product in question imported up

to and including 15 October· 1975 and charged against the Community quota

and of' any portion of' their initial shares returned to the reserve.

Article 7

The Commission shall keep an account of' ·the sh9.I'es opened by the llember

States pursuant to Articles 2, 3 and 4 and shall, as soon as the information ,

reaches it, inform· each State· of the extent to which the reserves have

been used up.

It shall, not later than· 5 November 1975, inform the Member Ste.tes of the

. amOUJ:l:ts still ·in reserve following al'lY retur:n·.of' shares pursuant to

Article 6.

It shall ensure that when an amount exhausting one of the reserves is drawn

the amount so drawn does not exceed the balance available, and to this end

shall notify the amount of that balance 1to the Member State making the

last drawing.

Article 8

1. Every :Member State shall take all ·appropriate measures to ensure that

additional shares drawn pursuant to either Article 3_or Article_4 are

opened in such a. way that importations ma;y be charged without interruption

against its accumulated share of the relevant Community quota..

2. Every· l~ember State shall ensure that importers of' the products. in question

established in its territory have ·f'ree· a.ocoss to· the 1 shares allocated

to it. (.

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, . 3. The extent to which a. Member State has used up its sh.S.res shall be

determined on the basis 'of the importa.t.ions of the produQt in qu.estion:~.

submitted to the Customs on home-use. entries.

·!_!:tiole 9

On receipt of a. requ.est from the Commission, the Member States shall noti:f',y'

it of the importations charged against their shares. --~-. --------------. -------~--~---- ___ .. -·---- ---

Article 10

The Member States and the ·Commission shall cooperate closely to ensure that

this Regulation is COmPlied with.'

Article 11 1-... -----··

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This Regulation shall enter into force on the forty-second d.aiY following the da.te of' its publication ila the Of'f'ioial Journal of' the Ellropean Communities.

I ·------ -- - . - - ----- ------- ·- ---~- . ----

--This Regulation shall be binding in its entirety and directly applicable

in t-.11: Member States •

. •, Done at Bruss·els·,

. '. For the Council,

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ANNEX B

Draft , I

REGULATION (EEC) No /74 OF THE COUNCIL

of •••••••• •••. ~. ·

on the opening, allocation and administration of an autonomous Community tariff quota for 1975 for ferro-silico-manganese falling within subheading ·No 73.02 D of the Common Customs Tariff

THE COUNCIL OF THE EUROPJr.AN CO:MMUNITIES ,

Having regard to the Treaty establishing the European Economic Community,

and in particular Article 28 thereof;

Having regard to the draft Regulation submitted by the yo.mmission;

Whereas, as regards ferro-silico-manganese falling within subheading

No 73.02 D of the Common Customs Tariff, a .conventional .duty free Commun.ity

tariff quota of 50 000 metric tons has been opened by the Council for 1974 and allocated among the Member S~ates by Regulation (EEC) No ?424/741 of

23 September 1974; ··'

Whereas, bearing in mind present Community production capacity, the' above~

mentioned quota of 50 000 metric tons will not cover the entire Community

import requirements of ferro-silico-mo.nganese from third countries; whereas I ,

it is therefore desirable that an autonomous Community tar:i..ff' .quota limited

to 14 000 metric tons be opened; . whereas the fixing at this new level of ... - ----· ------. ---- .. ----~-------------------. --- ~------

the quota amount does not exclude a new adjustment in the coUI'se. of the qu.ota.

period; whereas, so as not to prejudice Community deve~opment prospects in

the production area concerned, the qu.ota. duty applicable should be fixed at

4 %;

.;. 1oJ No L 261, 27 September 1974, P• 18.

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A11NEX B

tfuereas equ.al and continuous access to the qu.ota should be ensured for all

Community importers and the rate.of duty for the tariff quota should be

applied consistently to all import~. of the product in question·until the

c:11ota is ex...i.austed; where~.s in thfil light of these principles arrangements

for the u"-;ilization of the Commun; ty t.ariff quota based on an allocation

among Member States would seem to be consistent with the Community nature

of the quota.; whereas in order tha.t it Illa\Y' correspond as closely as

possible to the actual trend of the market in the product in question,

allocation of the quota should be in proportion to the requirements of

the Member States as calculated by reference to statistics of·imports

from third coun~ries during a representative reference period and to the

economic outlook for the quota period in quection; .

Whereas, on the basis of statistics available at the time and alloWing

fo:o the foreseeable development of the ferro-silico-ma.nga.nese market

during the current year, the .tariff. quota of 50 .000 metric tons opened by

the aforementioned Regt.\lation was Bllooated in the following percentages:

Benelux

Denmark

Gel'mal'l;f ·

Fra.noe

Ireland.

Italy ··

8.33 0.62

... : 82.20

. 0.10

1.04

3-54 United Kingdom .4.17;

Whereas, since the quota is an autonomous· Comtn".mi ty tariff quota intended'

to cover additior.al import needs arising in the Community, the allocation·.

of the add.i 'tional share- 'I!'.q' be made on the basis of the , actual nee :is

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\ ANNEX B ·· ·

expressed by each of the Member States; whereas the United' Kingdom, Italy,

Germany, Denmark and the three Member States comprising the Benelux Economic

Union have stated that they requ.ire f'u:rther supplies of 1 900, 1 000, 12 000,

100 and 10 000 metric tons respectivelY'; whereas the needs of France, taking

account of its production capacity, can be estimated as 200 metric tons;

whereas Ireland has not used up enough of its share of the initial qu.ota. of

.. 50.000 metric tons opened by'the a.bovementioned Regulation according to

the most recently a.va.i1a.ble economic information and statistics, to ·justify

its Participation at present in the proposed increase in the C~mmunity

tariff quota; whereas, mo'reover, ·should additional needs arise· Suboequ.ently

in tl'Jis Member State it m<:::! have recourse to the procedure set up under­

Article 3 of this Regulation; whereas this system of allocation also

ensures the uniform application of the Common Customs Tariff;

~fuerea.s, to take account of fut.ure import trends for th:e product concerned,

the quota should be divided into two tranohes, the fir~t being allocated

among· the abovementioned 'Member States and the second held as a. reserve

to cover subsequently the requirements of lc!ember States which have exhnu::;ted.

their new shares and any additional. requirements which might arise in the

other ~.1ember States; whereas, to give importers some degree of certainty,

the first tranche of the quota should be fixed at a relatively high level

which could be 11 800 metric tons;

Whereas ~~ember States may exhaust their initial shares at different rates;

whereas to avoid disruption of supplies on this account it should be

provided that any Member State which has almost used up its initial share

should draw an addi tiona.l share from the reserve; whereas each time its

additional she.re is almost exhausted a :Member State sh$ld draw a. .further·

share, and ·s·o on as many times ~s the reserve allows; tl

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' .. . -·· ··~ ..• Wharea.s the initial 8l'ld ad.di tional shares . should be valid until .. the end

of the quota period; wheree..s this form of administration requires close

collaboration .between the Member States and the Commission, and the

9ommission must be in a position to keep account of the extent to which

the quotas have been used up 8l'ld to inform the Member ~tates aocordir..gly;

rlherec.s if at a givEndate in the quo·ta period a considerable quantity of a

l!ember State's initial share remains unused it is essenti"ai, ·to prevent

a part of a quota from remaining unused in one Member State while it could

be used in others, that such State should return a significant proportion

thereof to the reserve;

Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and

the Grand Th~ctcr of Luxembourg are united within and jointly rep~esented b.y

the Benel~~ Economic Union,' ~·transaction in respect .of the administration

of the sl1ares allocated to that EConomic Union m~ be earried out b.y ~

one of its members;

HAS ADOPTED THIS REGULA.TION:

A:~ticle 1 •* l 1 c mlt,.

/.

1. There shall be opened within the Community for the period from the

date of entry into ·:force of this Regulation to 31 'December 1975 in respect

of ferro-silico-ma.ng.mese falling l'Tithin subherid.irig No '73.02 .D of the

Common CUstoms Tariff a Community tariff quota of ·14 000 metric .. tons.

2. The Community Customs Tariff duty shall be suspended at 4% in respect

of importations under the above quota.

3• New Member States shall apply in respect of importations under the

said quota duties calculated in accordance 1d th the' relevant provisions

of the Act of AocessiQn.

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· ·Article 2

1. A first tranche of 11 800 metric. tons of this quota shall· be allocated

among certain Member State~; the sha:x•es, which subject to Article 6 shall

be valid until .31 December 1.975 , shall be a.s follows:

Benelux

Denmark Germany France Italy United Kingdom

4 682 metric tons

4 7 metric tons 5 619 metrio tons

93 metric tons. .. 469 met_rio tons 890 metric tons.

2. The second tranche of2 Boo metric tons shall constitute a. reserve.

Article 3 • • • ..,, r

Should ferro-silico-manganese be.required in Ireland, this

Member St~te. shall dl"ali a sufficient share from the reserve to the

extent that the reserve so permits •

.Article 4

1. As soon a.s one of the Member States referred to in Article 2 has

used 9o% or more of its initial share as f~xed in Article 2(1), or of.

that share mi~us any portion returned to the reserve pursuant to

Article 6 r it shall forthwith, b;y notifying the Commission, ~.rat-r a

second sharo, to the extent tha.t.the reserve so permits, equal to 1o%

-of its initial share rounded up as necessar,y to tho next whole number.

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AIDlEX B --2. As soon ~s one of.the Member States, after exhausting one of its

initial shcres, hr.l.S used 9o% or more of the second share drawn by it,

that :Membel" State shall forthwi-t;h, in the manner and to the extent provided

in paragraph 1 , draw a third share equal to '5% of its initial shaxe.

3. As soon as one of the Member States, after exhausting its second share,

:~LE US()d 9o% or moro of the third share drawn by it, that Member State

shall, in the manner and to tho extent provided in paragraph 1 , draw a.

fourth share ec;r..1al to the third.

It shall continue in this fashion until the reserve is exhausted.

· 4; By way of derogation from paragraphs 1 to 3, the Member States mey dro.w

sh~·es lower than those specified. in those paragraphs if there aro grou:~s

for believing that those specified m~ not be used in full. J~

Member State applying'this paragraph sho.ll inform the Commission of its

grounds for so doing.

Article 5

Additional shares drawn pursuant to Article 4 shall be valid \tntil

3 i Dccer:bnr 197 ,5.

A't'ticle 6 --~ .... -

The Member States referred to in Artiole 2 shall return to the reserve, not

later than 1 November 1975 the Ul?llSed portion of their initial share which,

on 15 October 1975, is in excess of 20 %of the initial amount. They JDa3'

return a greater· portion if there are grounds for believing that suoh portion

IDa3' not be used in fUll.

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ANNEX: B --Those Member States shall, not later than 1 November 190 , notify the

Cotmlissic;m of the total quantities of the product in question imported'

up to and including 15 October 197 5 and char.~d. against the Co~unity

quota and of any portion of their initial shares re·~urned to the reserve.

Article.]_

The Commission shall keep an account of the shares opened b,y the Member

States pursuant to .A:rticles 2, 3 and 4 and shall, as soon as the information

reaches it, inform each State of ~h~ extent to which.tho reserves have been

used up.

It shall, not later than 5 November .197 5, inform the Member States of the

amounts still in reserve following any. return of shares pursuant to ·

Article 6.

It shall erwurc that when an amount exhausting one of the res'erves is

dra\m the amount so drawn does not exceetl the balance available, and to

this end shall notify the amount of.. that balance to the Member State making

the last drawing.

.Article 8 ...... 1. Every Member State shall take all appropr.iate measures to ensure. that

additional shares drmm pursuant to either Article 3 or, Article 4 ·are .

opened in such a w~ that importations may be charged without interruption

against its accumulated share of the relevant. Community quota.

2. Every Member State shall ensure that importers of ·the product in question

established in its territory have free access to the shares allocated to it •

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ANNEX B -- -*

3.. Eve~p l.'J:ember State sho.ll chc.rge importations of the product in qu.estion

against its shares as and when the-product is entered with the customs

authorities.· for hoAile use.

4. The extent to ~'lhich a Member State has used up its sh~es shall be

det.ermineu on the basis of the ·importations charged against those sl1ares

L~ accordance with paragr,aph 3.

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1 On receipt of a request from the Commission, the Member States shall notif,r

it of the importation charged against their shares.

Article 10 - ................... i

The Member States and.the Commission shall cooperate closo1y to ensure

that this Regulation is complie~ with.

J~ticlc 11 ... ...-...u Cf ......

· This Regu.lation shall enter :ir..to. fo.roe on the forty-second da;y following the date of its publication in the Official Journal of the European Communities.

This Regu.lation ·shall be binding in its entirety and directly ap:plicable ' '

in all l~mber.States. . ·.··

For the Council

The President

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.ANNEX c

Draft

. REGULATION (EEC) No /7 4 OF THID COUNCIL

of •• ~•••••••••••• on the opening, allocation and administration of an· autonomous Comm~ity

tariff quota. for 1975 for ferro-ch:romi,llll conta.iriiDg not more than 0.10% by

weight of carbon and more than 30% but not exceeding 90% inclusive by .

weight of chromium {super refined forro-chromium) falling within subheading

No ex 73.02EI of the Common Customs Tariff.

·THE COUNCIL OF TEE EUROPEAN CO~~TITITIS 7

Having regard to the Treaty esta.b.lishing the European Economic Community,

and in particular 1sticle 28 thereof;

Having regard to the draft Regulation submitted by the Commission;

Whereas, as regards ferro-chrornium containing by weight not more than

0.1 o% of carbon and more than 39% but not more than 9o% of chromium

(super refined ferro-chromium) falling within s.ubheading No ex. 73.02E.I

of the Ccmmon Customs Tariff, a conventional duty-free ComL'luni ty te.l'iff

quota of 3 000 metric tons has been opened by the Council for 1974 and

allocated among the Member Sta:hes by Regulc.tion (E!l!C) No 2425/741 of

23 September 1974;

Whereas, bearing in mind present Community production capacity, the

abovemcntioned quota of 3 000 metric tons will not cover the entire

Community import requirements of this product from third o~untries;

whereas it is therefore desirable in order that Community deveJopment

prospects of the production area. co~cerned should not be affected that . .

an autonomous Community tariff ·quota limited to 14 330 metric tons be - ~ •• • 0 ' •H - ... -·-- -••••••• - -· • o •- > • • ·- •• - - •

opened; whereas the fixing at this new level of the ·quota amount does not

exclude a new adjustment in the course of the quota pel'!iod; whereas, for the same reasons, the quota. duty applicable should be fixed at 5 .s%;

.;. 1oJ No L 261, 29 September 1974, P. 21.

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AID:'E.X C ----. vlhereas equal a.nd continu.ous access to the quota should be ensured. for

all Community importers and the rBte of duty for the tariff quota should

be ap~lied consistently to ali imports of the product in question until the

quota is ex.~austed; whoreas, .in the light of these principles, arrangements

for the utilization of the Community tariff quota based on an allocation

cmong UGmber States would seem to be consistent with the Community nature

of the quota; whereas in order that it m~ correspond as closely as

possible to the actual trend of the market in the product in question,

allocation of the quota should be in proportion to the requirements of the

F~mber,States as calculated b,y reference to the statistics of 'imports·

from third countries during a representative reference period and to the

econonic outlook for the quota period in question; '

~fuereas, on the basis of statistics ava~lable at the time and allowing for

the foreseeable development of the market in the product concerned during

the current year, the ta~iff quota of 3 000 metric tons opened b,y the

aforementioned. Regulation l-ras allocated in the follott."ing percentages:

Benelu:ic

. Denmark

Germa.•··zy-

France

Ireland

Italy

United Kingdom

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5.66

. 0.34· .·

6.17

0.34

0.01

Whoreas, since the quota. is an autonomous Comreunity tariff ~eta intended

to cover additional impprt needs 'arising in the Community, the allocation

of the ad.di tional share may bo made on the basis of the actual needs

expressed by each of the :Member States; llheroas Denmark, France, Italy,

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.ANN3X c --the United Kingdom, Germaqy and the three Member States comprising the

Benelux Economic Union have stated that thoy require further supplies of 40, 1 000

1 8oo, 6 400, 3 ooo and 2 090 metric tons respective~; whereas

Italy has not used up enough of its share of the initial quota

·of 3 000 metric tons opened by·the abovementioned Regulation, according to . .

the most recent~ available economic information and st?tistics, to juoti:y

its participation at present in the proposed increase ~~ the Cocmunity '

tariff quota; whereas, moreover, should additional needs arise subsequently in

this liember State it IDccy' have recourse to the procedure set up under

Article 3 of this Regulation; whereas this system of allocation also ensures

the uniform application of.the Common Customs Tariff;

Whereas, to take account of future import trends for the product concerned,

the quota.should be divided into two trenches, the first being allocated

among the abovementioned Member States and the second held e..s a reserve

to cover subsequently tho reqUirements of Member States which have e~usted . .

their new shares and any additio11al .requirements which might arise in the other . ( '

Member States; whereas; to give importers some de~oe of certainty, the

first tranche of the quota should be fixed at a relatively high level which

could be 11 500 oetric tons;

vJhereas Member States may exhaust their initial shares at different rates; .. whereas to avoid disruption of supplies on this account it should be provided

that any Member State which has almost used up its initial share should draw

an additional share from the .reserve; whereas each time its a.O.ditional share

is almost exhausted a Member State should draw a further share, and so on.as

many times a.s the reserve allovm; whereas the initial and additional shares

should be valid until the ·.epd ·of the. quota period; ·whereas this form of .

administration requires close collaboration betwecn,the Member States and the

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Cvmmission, and the Commissionmust be in a position to keep aocount of the

e~tent to which the quotas ·have, been used up end to···inform the Ueraber States

· accorc1 ingly;

Whereas if at a given date in the quota period a considerable quantity of

a Me~ber State's initial share remains unused it is essential, to prevent

a po="ti of a quota from remaining unused. in one Member State while it could

be used in others, that such State· should return a significant proportion

thereof to the reserve;

Whereas, since the KinDdom of Eelgiuc, the Kingdom of the Netherl~~s and

the Grand Duchy of Luxembourg are united within and jointly represented

by the Benelu::c Economic Union, any transaction in respect of the

atJministration pf the shares allocated to that Economic Union ~ be

carried out by one of its members; ..

HAS .ADOPTED THIS REGULATION:

Article 1 ~~~~~- I --

1. There shall be opened within the Community for the period from the date of

entrJ into force·of this Regulation to 31 Dcceraber 1975, in respect of

ferro-chromium containing by weight not more than 0.1o% of carbon and more

than 3o% but not more than 90% .of chromium·(super-refined ferro-chromium)

falling within subheading No ex 73.02EI of the Common Customs Tariff a

Community tariff quote. of 14 330 metric tons.· · · · · ·

2. The Community Customs Tariff duty shall be suspended at 5.5% in respect of importations under the 'above quota.

3. New Meober States shall apply in reApect of importations unde~ the said

quota duties oaloula.ted in accordance with the relevant provisions of the Act of Accession.

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Article 2

1. A first tranche of 11 500 metric tons. of this quot~ shall be allocated

among certain Member States; the shares, which subject to Article 6 shall

be valid until 31 December 1975., shall be as follows:

Benelux.

J)enmark

Germany

France Italy

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1 677 metric tons

32 metric tons

2 408 me trio tons

803 metric tons 1 444 metric tons 5 136 metric tons.

2. The second tranche of 2 830 metric to1w shall constitute a reserve.

Article 3

Should super-refined ferro-chromium be required in Ireland, this Member State

shall draw a sufficient share from the reserve to the eXtent that the

reserve so permits.

1. .As soon A.S one of the Member States referred to in Article 2 has used ··

90% or more of its initial share as fixed in Article 2(1),. o:r of that sha.r.e

minus any portion returned to the reserve pursuant to Article 6, it shal~

forthwith, by notifying the Commission, draw a second share, to. tho extent

that the reserve so permits, equal to 10% of its initial sharo rounded up

as necessary to the next whole number.

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ANNEX c 1. • • .,.,

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2. As soon as one of the Member States., after exhausting its initial sha:re,

~es us.ed 90'!- or more of the second share d.r.al-m by it, that Member State

shall forth\dth, ·in the manner and to the extent provided in paragraph 1,

draw a third share equal to 5% of its initial share.

3. .As soon as one of the Uember States, after exhaustine; it's second. share,

has used 90% or more of the third share drawn b,y it, that Member State

sha.ll, .. in the manner and to the extent provided in paragraph 1 , dro.w a

fourth share equal to the third.

It shall continue in this fashion until the reserve is exhausted.

t,.. By uc:.y of derogation from paragraphs 1 to 3, the Member States· mey draw

shares lower than those specified in those paragrephs if there are grounds

for believing that those specified mey not be used in full. ~·Member

State app~ing this paragraph shall inform the Coomission of its groUl1ds for

so doing.

. / ' P.;rticle 5

/..drii tione.l shares dral\'ll pursuant to Article ~· shall be valid until 31 December 197 5 ..

· Article 6

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i The Member States referred to in Article 2 shall return to the reserve, not

.:i .later than 1 November 1975, the unused portion of their initial share which,

on 15 October 1975, is in excess o:f 20·% of the initial amount. They IDai1

return a greater· portion if there are grounds :for believing that such portion

IDai1 not be used in full.

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Those Member States shell, not later than 1 November 1975 notify the

Commission of the total quantities of the product in question imported up to and . .

innlucling 15 October 1975 and charged ag-cl.inst the CoiiliLunity quota and of any

portion of their initial shares returned to th~reserve.

_£tic,le 1

The Commission shall keep an account of the shares opened b,y the Member

States pursuant to Articles2 1 3 and 4 and shall, as soon as the information

reaches it, inform each State of the extent to lrhich the reserVes have

been used up.

It shall, not later than 5 Novemoor 1975, inform the !·iember States of

the amounts still in reserve following'a.ny return of shares pursusnt to

Article 6.

It shall ensure that v1hon an amount exhausting one of the reserves is

dralm the. amount so drawn does not exceed the balance available, arid to 1

this end. shall notify the amount of that balance to the :Member State mcl:ing

the last drawing.

Article 8

1. Every I1lember State shall take all appropriate measures to ensure_ that

additional shc.r~s drn.vm· PID"sua.n"!' to either Article 3 or .'i.rticle 4 are

opened in such a w~ that importations may be charged without interrupti9n

against its· accuwulated share of the relevant Community quota.

2. Every Member State shall ensure that importers of. the procluct in

question established in its territory have free access to the shares

allocated to it.

3. The extent to uhich a Member Stc.te has used up its shares sho.ll be

determined on the basis of the importations -of the product in qoJ.eetion

entered for home use.

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.P..:rticle a .....,-...., __ ..a-~

On receipt of a req-ilest from the Commission, the 11Iember States shall notify

it of the importations charged against their s~~es •

.Article 10 -· The Member Stutcs ancl the Commission shell cooperate closely to ensure tl1at

this Regulation is complied uith.

Article 11 ._.........._.,. t:1li ....

This Regulation shall enter into force on ·the forty-second day follovrirlg the date of i"lis publication in the Official Journal of the European Com:rmmities.

This Rcgul~tion sncll be binding in its entirety and directly applicable in

all Member Stc-.tes o

Done at Brussels,

For the Cou.'1cil

The Presiden·c

• Draft

REG"lJUTION (EEC) No

of ••••••

Al'JNEX D.

/75 OF THE COUNCIL

on the increase in volume of the CoilllllUrJity tariff quota opened for 1975

for ferro-chromium containing not less than 4 %by weight of carbon

falling within subheadir.g No ex 73.02 E I of the Common Custo"ms Tariff

TEE 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 draft Regulation submitted by the Commission;

Whereas by its Regulation (F£C) No 195/75 of 22 Januar,y 1975, the Council

opened for 1975 and apportioned among the Member States a Conununity tariff

quota of a total size of 34 500 metric tons for ferro-ohrome containing

not less than 4% by weight of carbon and has exhausted the application

. of this quota to certain imports of ferr·o-cr.:.rome containing between 3% and

4% by weight of carbon falling within subheading 73.02 E I of the Common

Oust oms Tariff;

1-Jhereas, having regard to the most recent economic data for 1975 on

consumption, production, exports to third countries, imports under the

inward processing arrangements or other tariff preference scheme and taking

account of the stooks held by a. number• of Member States on 31 December 1974,

there is reason to assume that the additional Community import requirements

in respect of imports from third countries IDaiY' reach the level of 34 630 \

metric tons during 1974; whereas in order not to raise the question of the

prospects for develoment of the Community production sector and taking into !

account the unoertai.nties which surround the different ferro-alloy consumption

sectors, it is appropriate to limit the planned increase to 20 000 metric

tons; whereas the fixing of this amount, relating to prudent estimates,

does not exclude a futUre adjustlllent; whereas it is appropriate to apportion

the increased amount between the Member States prorata to their respective

needs for imports from third countries taking into account the possibility

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provid0d by the a.bovernentioned Retr.J.lation (EEC) l'Io 195/75, which

allowed a.ll Member States to draw from the Corrunu..."'lity reserve if

additional needs arise; whereas on this basis, the additional

needs of Member States for imports from third countries stand

a.t the percentages given below :

Benelux 28.89

Denmark 0.16

Germany 26.67

France 8.72

Italy 6.67

United Kingdom 28.89;

Whereas, in the case of Ireland, the current state of usage of its

share and the economic data. available do not currently constitute

a justification for it sharing in this apportionment; l...rhereas,

moreover, if supplementa.r,y needs subsequently appear in this Member

State, the latter ~ still have recourse to the procedure set up

in Article 3 of this Regulation; whereas this system of apportionment

ensures the uniform application of the Common Customs Tariff,

HAS ADOPTED THIS REGULATION :

Article 1

The amount of the Comrmmity tariff quota. opened by Regulation (EEC) No 195/75 of 22 January 1975, for ferro-chromium containing not less than 4% by weight

of carbon falling within subheading No ex 73.02 E I of the Common Customs

Tariff is raised from 34 500 metric tons to 54 500 metric tons.

Article 2

1. This increase of 20 000 metric tons is subidivided into two tra.nches.

2. A first tranche of 18 000 metric tons shall be allocated among the

Member States as fvllows :

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.Benelux . 5 200 metric tons . Denmark . 30 metric tons . Ger:nany . 4 8oo metric tons . France . 1 570 metric tons . Italy . 1 200 metric tons . United Kingdom: 5 200 metric tons.

3. The second tranche of 2 000 metric tons shall be allocated to the

Community reserve. The reserve provided for in Article 2, paragraph

2 of Regulation (EEC) No 195/75 in therefore raised from 1 960 to

3 960 metric tons.

Article 3

Should products of this type be required in Ireland, this Member State

shall drc.1..r a sufficient share from the reserve to the extent that the

reserve so permit.

Article 4

The provisions of Regulation (EEC) No 195/75 of 22 Januar,y 1975, and in

particular those of Article 1, paragraph 2, remain applicable.

Article 5

This ·Regulation shall enter into force on the forty-second dalf following the date of its publication in the Official Journal of

the European Communities.

This Re~~lation shall be binding in its entirety and directly applicable

in all Member States.

Done at Brussels, For the Council,

The President

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