31977R2305

No L 269 / 12 Official Journal of the European Communities 21 . 10 . 77

COUNCIL REGULATION (EEC) No 2305 /77 of 18 October 1977 on the opening, allocation and administration of a Community tariff quota for ferro-chromium containing not more than 0*10 % by weight of carbon and more than 30 % but not exceeding 90 % inclusive by weight of chromium (super-refined ferro-chromium) falling within subheading ex 73.02 E I of the Common Customs Tariff ( 1978)

THE COUNCIL OF THE EUROPEAN shares in the quota volume can be expressed roughly COMMUNITIES, as follows :

Benelux 16-21 Having regard to the Treaty establishing the European Denmark 0-35 Economic Community, and in particular Article 113 Germany 47-76 thereof, France 0-69 Ireland 0-03 Having regard to the proposal from the Commission , Italy 3-93 United Kingdom 31-03 Whereas, as regards ferro-chromium containing by weight not more than 010 % of carbon and more Whereas, to take account of future import trends for than 30 % but not exceeding 90 % of chromium the products concerned, the quota should be divided (super-refined ferro-chromium) falling within into two tranches, the first being allocated and the subheading ex 73.02 E I, the European Economic second held as a reserve to cover subsequently the Community has undertaken to open an annual nil requirements of Member States which have exhausted duty tariff quota of 3 000 tonnes ; whereas the tariff their initial share ; whereas to give importers some quota concerned should therefore be opened on 1 degree of certainty, the first tranche of the tariff quota January 1978 and allocated among the Member should be fixed at a high level, which could be 96 % States ; of the amount of the quota ;

Whereas arrangements for the utilization of the Whereas initial shares may be exhausted at different Community tariff quota based on an allocation among rates ; whereas to avoid disruption of supplies on this Member States would seem to be consistent with the account it should be provided that any Member State Community nature of the quota ; whereas, to corres­ which has almost used up its initial share should draw pond as closely as possible to the actual trend of the an additional share from the reserve ; whereas each market in the product in question , allocation of the time its additional share is almost exhausted a quota should be in proportion to the requirements of Member State should draw a further share, and so on the Member States as calculated by reference to statis­ as many times as the reserve allows ; whereas the tics of imports from third countries during a represen­ initial and additional shares should be valid until the tative reference period and to the economic outlook end of the quota period ; whereas this form of adminis­ for the quota period in question ; tration requires close collaboration between the Member States and the Commission , and the Commis­ sion must be in a position to keep account of the Whereas , during the last three years for which statis­ extent to which the quota has been used up and to tics are available, the corresponding imports into each inform the Member States accordingly ; of the Member States represented the following percentages of their total imports of the product in question : Whereas if at a given date in the quota period a 1974 1975 1976 considerable quantity of a Member State's initial share remains unused, it is essential that that Member State Benelux 6-84 10-27 1014 should return a significant proportion thereof to the Denmark 0-07 0-15 0-02 reserve to prevent a part of the quota from remaining unused in one Member State while it could be used in Germany 42-92 48-52 34-18 others ; France 15-55 0-30 3-95 Ireland 006 0-01 0 Italy 17-57 17-40 27-17 Whereas, since the Kingdom of Belgium , the United Kingdom 17-00 23-35 24-54 Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented Whereas , in view of these factors and of market fore­ by the Benelux Economic Union , any measure casts for ferro-chromium for 1978 the percentage concerning the administration of the shares allocated

21 . 10 . 77 Official Journal of the European Communities No L 269 / 13

to that economic union may be carried out by one of share drawn by it, that Member State shall forthwith, its members . in the manner and to the extent provided in para­ graph 1 , draw a third share equal to 5 % of its initial share rounded up as necessary to the next whole number. HAS ADOPTED THIS REGULATION : 3 . As soon as a Member State, after exhausting its second share, has used 90 % or more of the third Article 1 share drawn by it, that Member State shall, in the manner and to the extent provided in paragraph 1 , 1 . For the period 1 January to 31 December 1978 , draw a fourth share equal to the third. a Community tariff quota of 3 000 tonnes shall be It shall continue in this fashion until the reserve is opened within the Community in respect of ferro­ exhausted . chromium containing by weight not more than 01 0 % of carbon and more than 30 % but not exceeding 90 % of chromium (super-refined ferro­ 4. By way of derogation from paragraphs 1 , 2 and chromium) falling within subheading ex 73.02 E I of 3, a Member State may draw shares lower than those the Common Customs Tariff. specified in those paragraphs if there are grounds for believing that those specified may not be used in full. 2. Imports of the product in question shall not be Any Member State applying this paragraph shall covered by this tariff quota if they are already free of inform the Commission of its grounds for so doing. customs duties under other preferential tariff treat­ ment . Article 4 3 . Within this quota, Common Customs Tariff duty shall be totally suspended. Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1978 .

Article 2 Article 5 1 . A first tranche of 2 900 tonnes of this Commu­ Member States shall, not later than 1 October 1978 , nity tariff quota shall be allocated among the Member return to the reserve the unused portion of their initial States ; the shares, which subject to Article 5 shall be share which, on 15 September 1978 , is in excess of valid from 1 January to 31 December 1978, shall be as follows : 20 % of the initial volume. They may return a greater portion if there are grounds for believing that it may (tonnes) not be used in full . Benelux 470 Denmark 10 Member States shall, not later than 1 October 1978 , Germany 1 385 notify the Commission of the total quantities of the France 20 product in question imported up to and including 15 Ireland 1 September 1978 and charged against the Community Italy 114 quota and of any portion of their initial shares United Kingdom 900 returned to the reserve .

2 . The second tranche of 100 tonnes shall consti­ tute a reserve . Article 6

Member States may restrict the possibility of charging Article 3 against their quotas to certain intended uses. In that case the Community provisions on the matter shall be 1 . As soon as a Member* State has used 90 % or applied for checking that the product has been so more of its initial share as fixed in Article 2 ( 1 ), or of used . that share minus any portion returned to the reserve pursuant to Article 5, it shall forthwith, by notifying the Commission, draw a second share, to the extent Article 7 that the reserve so permits, equal to 10 % of its initial share rounded up as necessary to the next whole The Commission shall keep an account of the shares number. opened by the Member States pursuant to Articles 2 and 3 and shall, as soon as the information reaches it 2. As soon as a Member State, after exhausting its inform each State of the extent to which the reserv< initial share, has used 90 % or more of the second has been used up.

No L 269 / 14 Official Journal of the European Communities 21 . 10 . 77

It shall, not later than 5 October 1978 , inform the 3 . The extent to which the Member States have Member States of the amount still in reserve following used up their shares shall be determined on the basis any return of shares pursuant to Article 5 . of the importations of the products in question entered with the customs authorities for home use . It shall ensure that when an amount exhausting the reserve is drawn the amount so drawn does not exceed Article 9 the balance available, and to this end shall notify the amount of that balance to the Member State making At the request of the Commission, the Member States the last drawing. shall inform it of the importations charged against their shares . Article 8 1 . The Member States shall take all appropriate Article 10 measures to ensure that additional shares drawn The Member States and the Commission shall coop­ pursuant to Article 3 are opened in such a way that erate closely to ensure that this Regulation is importations may be charged without interruption complied with. against their accumulated shares of the Community quota. Article 11 2. The Member States shall ensure that importers of the product in question established in their terri­ This Regulation shall enter into force on 1 January tory have free access to the shares allocated to them. 1978 .

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

Done at Luxembourg, 18 October 1977. For the Council

The President H. SIMONET