31977R0270

No L 39/2 Official Journal of the European Communities 10 . 2. 77

COUNCIL REGULATION (EEC) No 270/77 of 8 February 1977 opening, allocating and administrering a Community tariff quota for ferro-chro­ mium containing not less than 4 % by weight of carbon, falling within subheading ex 73.02 E I of the Common Customs Tariff, and extending the benefit of this quota to certain imports of ferro-chromium containing a quan­ tity of between 3 and 4 % by weight of carbon ( 1977)

THE COUNCIL OF THE EUROPEAN seem to be consistent with the Community nature of COMMUNITIES, the quota ; whereas, to correspond as closely as possible to the actual trend in the market in the product in question, allocation of the quota should be Having regard to the Treaty establishing the European in proportion to the requirements of the Member Economic Community, and in particular Article 28 States as calculated by reference to statistics of imports thereof, from third countries during a representative reference period and to the economic outlook for the quota period in question ; Having regard to the draft Regulation submitted by the Commission,

Whereas, however, since the quota is an autonomous Community tariff quota intended to cover import Whereas for ferro-chromium containing not less than needs arising in the Community, it may, as an experi­ 4 % by weight of carbon, Community production is, to a variable degree, inadequate and producers are ment, be allocated on the basis of the temporary import needs from third countries expressed by each unable to meet the total requirements of consumer industries in the Community ; whereas it is therefore of the Member States ; whereas this system of alloca­ tion also ensures the uniform application of the in the Community's interest to suspend totally in Common Customs Tariff ; respect of this metal the application of the Common Customs Tariff duty until 31 December 1977, within a suitable tariff quota ; whereas in order not to raise the question of the prospects for development of the Whereas, to take account of future import trends for Community production sector and taking into the product concerned, the quota should be divided account the uncertainties which surround the different into two tranches, the first being allocated among the ferro-alloy consumption sectors, it is appropriate to fix Member States and the second held as a reserve to the quota volume at the provisional level of 52 000 cover subsequently the requirements of Member States tonnes ; whereas for the same reasons Member States which have exhausted their initial shares and any addi­ should be free to authorize charges to be made against tional requirements which might arise in the other this volume only subject to the products being used Member States ; whereas, to give importers of the for certain purposes ; whereas the fixing of this Member States some degree of certainty, the first amount, relating to prudent estimates, does not tranche of the tariff quota should be fixed at a rela­ exclude future adjustment ; tively high level which could be 48 460 tonnes ;

Whereas relatively limited imports of ferro-chromium containing a quantity of between 3 and 4 % by Whereas Member States may exhaust their initial weight of carbon are foreseeable for this quota period ; shares at different rates ; whereas to avoid disruption whereas provision should be made on a temporary of supplies on this account it should be provided that basis for the extension of the benefit of the tariff any Member State which has almost used up its initial share should draw an additional share from the quota in question to these imports, limiting it however to 20 % of the quota volume taking account reserve ; whereas each time its additional share is almost exhausted a Member State should draw a of the existence of Community production ; further share, and so on as many times as the reserve allows ; whereas the initial and additional shares Whereas equal and continuous access to the quota should be valid until the end of the quota period ; should be ensured for all Community importers and whereas this form of administration requires close the rate of duty for the tariff quota should be applied collaboration between the Member States and the consistently to all imports until the quota is Commission and the Commission must be in a posi­ exhausted ; whereas in the light of these principles, tion to keep account of the extent to which the quotas arrangements for the utilization of the tariff quota have been used up and to inform the Member States based on an allocation among Member States would accordingly ;

10 . 2 . 77 Official Journal of the European Communities No L 39 /3

Whereas if at a given date in the quota period a Benelux 9 500 tonnes, considerable quantity of a Member State's initial share Denmark 84 tonnes, remains unused it is essential that such State should 12 714 tonnes, Germany return a significant proportion thereof to the reserve, France 7 624 tonnes, in order to prevent a part of a quota from remaining Ireland 8 tonnes, unused in one Member State while it could be used in 4 000 tonnes, Italy others ; United Kingdom 14 530 tonnes .

2 . The second instalment of 3 540 tonnes shall Whereas, since the Kingdom of Belgium , the constitute the reserve . Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any measures Article 3 concerning the administration of the shares allocated to that economic union may be carried out by any one of its members , 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 any portion returned to the reserve pursuant to Article 5, it shall forthwith, by notifying the Commission, draw HAS ADOPTED THIS REGULATION : a second share , to the extent that the reserve so permits, equal to 10 % of its initial share rounded up as necessary to the next whole number. Article 1 2 . As soon as one of the Member States, after exhausting its initial share, has used 90 % or more of 1 . From the date of entry into force of this Regula­ the second share drawn by it, that Member State shall tion and until 31 December 1977 a tariff quota of forthwith, in the manner and to the extent provided 52 000 tonnes shall be opened within the Community in paragraph 1 , draw a third share equal to 5 % of its in respect of ferro-chromium containing not less than initial share . 4 % by weight of carbon, falling within subheading ex 73.02 E I of the Common Customs Tariff. 3 . As soon as one of the Member States, after exhausting its second share, has used 90 % or more of 2. During this period the Member States shall be the third share drawn by it, that Member State shall authorized within the 20 % limit of the quotas allo­ forthwith and on the same conditions draw a fourth cated to them or which they levy on the reserve in share equal to the third . accordance with Articles 2 and 3 to charge against the said tariff quota, imports of ferro-chromium This process shall continue until the reserve is containing a quantity of between 3 and 4 % by exhausted . weight of carbon . 4. Notwithstanding paragraphs 1 to 3, a Member 3 . Importations of the products in question , which State may draw shares lower than those specified in already benefit from exemption from customs duties those paragraphs if there are grounds for believing under another preferential tariff system, are not to be that those specified may not be used in full. Any charged against this tariff quota. Member State applying this paragraph shall inform the Commission of its grounds for so doing. 4. Within this quota, the customs tariff duty shall be totally suspended . Article 4 5. New Member States shall apply duties on Additional shares drawn pursuant to Article 3 shall be imports within this quota calculated in accordance valid until 31 December 1977 . with the relevant provisions of the Act of Accession .

Article 5 Article 2 The Member States shall not later than 1 October 1 . A first instalment of 48 460 tonnes of this 1977 return to the reserve the unused portion of their Community tariff quota shall be allocated among the initial share which on 15 September 1977 exceeds Member States ; the shares, which , subject to Article 5 20 % of the initial amount. They may return a greater shall be valid until 31 December 1977 , shall be as portion if there are grounds for believing that such follows : portion may not be used in full .

No L 39/4 10 . 2 . 77 Official Journal of the European Communities

Not later than 1 October 1977 the Member States pursuant to Article 3 are opened in such a way that shall notify the Commission of the total quantities of importations may be charged without interruption the products in question imported up to and against their accumulated share of the tariff quota. including 15 September 1977 and charged against the 2. The Member States shall ensure that importers Community quota and of any portion of their initial shares returned to the reserve . of the product in question established in their territo­ ries have free access to the shares allocated to them . Article 6 3 . The Member States shall charge imports of the product in question against their shares as and when Member States may restrict the product in question the product is entered with the customs authorities for which may be charged against their quota shares to home use . products to be used for certain purposes. 4 . The extent to which the Member States have Article 7 used up their shares shall be determined on the basis of the importations charged against their shares in The Commission shall keep an account of the shares accordance with paragraph 3 . opened by the Member States pursuant to Articles 2 and 3 and shall, as soon as the information reaches it, inform each State of the extent to which the reserve Article 9 has been used up. At the request of the Commission , the Member States Not later than 5 October 1977 it shall inform the shall inform it of imports charged against their shares. Member States of the amounts still in reserve following any return of shares pursuant to Article 5. Article 10 It shall ensure that when an amount exhausting the The Member States and the Commission shall coop­ reserve is drawn , the amount so drawn does not erate closely to ensure that this Regulation is exceed the balance available, and to this end shall complied with . notify the amount of that balance to the Member State making the last drawing. Article 11 Article 8 This Regulation shall enter into force on the seventh 1 . The Member States shall take all appropriate day following its publication in the Official Journal measures to ensure that additional shares drawn of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 8 February 1977 .

For the Council

The President

Anthony CROSLAND