31977R2338
27. 10 . 77 No L 275/3 Official Journal of the European Communities
COUNCIL REGULATION (EEC) No 2338/77 of 24 October 1977 opening, allocating and administering a Community tariff quota for ferro chromium 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
THE COUNCIL OF THE EUROPEAN quota in question to these imports, limiting it, COMMUNITIES, however, to 20 % of the quota volume taking account of the existence of Community production ; Having regard to the Treaty establishing the European Economic Community, and in particular Article 28 thereof, Whereas equal and continuous access to the quota should be ensured for all Community importers and the rate of duty for the tariff quota should be applied Having regard to the draft Regulation submitted by consistently to all imports until the quota is the Commission, exhausted ; whereas in the light of these principles arrangements for the utilization of the tariff quota Whereas, by its Regulation (EEC) No 270/77 (*), the based on an allocation among Member States would Council opened for 1977 and apportioned among the seem to be consistent with the Community nature of Member States a Community tariff quota of a total the quota ; whereas, to correspond as closely as size of 52 000 tonnes for ferro-chrome containing not possible to the actual trend of the market in the less than 4 % by weight of carbon and has extended product in question, allocation of the quota should be the application of this quota to certain imports of in proportion to the requirements of the Member ferro-chrome containing between 3 and 4 % by States as calculated by reference to statistics of imports weight of carbon falling within subheading ex 73.02 E from third countries during a representative reference I of the Common Customs Tariff ; period and to the economic outlook for the quota period in question ; Whereas, for the product in question, Community production is inadequate and producers are unable to meet the total requirements of consumer industries in Whereas, however, since the quota is an autonomous the Community ; whereas, having regard to the most Community tariff quota intended to cover import recent economic data for 1977 on consumption, needs arising in the Community, it may be allocated production, exports to third countries, imports under on the basis of the temporary import needs from third the inward processing arrangements or other tariff countries expressed by each of the Member States ; preference scheme and taking account of the stocks whereas, on the basis of economic information held by a number of Member States on 31 December supplied and allowing for duty-free supplies from the 1976, there is reason to assume that the additional Community or certain third countries, these needs Community import requirements in respect of would amount to the following percentages of the imports from third countries may reach the level of tariff quota ; whereas this system of allocation also 90 000 tonnes during 1 977 ; whereas it is therefore in ensures the uniform application of the Common the Community's interest to suspend in respect of this Customs Tariff : metal the application of the Common Customs Tariff duty until 31 December 1977, within a suitable tariff Benelux 21-44, quota ; whereas, in order not to raise the question of Denmark 0-19, the prospects for development of the Community production sector, it is appropriate to fix the quota Germany 15-83, France 17-21 , volume and the rate of duty applicable at the level of Ireland 0-02, 44 300 tonnes and 3 % respectively ; Italy 6-77, United Kingdom 32-80 ; Whereas relatively limited imports of ferro-chromium containing a quantity of between 3 and 4 % by weight of carbon are foreseeable for this quota period ; whereas provision should be made on a temporary Whereas, to take account of future import trends for basis for the extension of the benefit of the tariff the product concerned, the quota should be divided into two tranches, the first being allocated among the (') OJ No L 39, 10. 2. 1977, p. 2. Member States and the second held as a reserve to
No L 275/4 Official Journal of the European Communities 27. 10 . 77
cover subsequently the requirements of Member States said tariff quota, imports of ferro-chromium which have exhausted their new shares ; whereas, to containing a quantity of between 3 and 4 % by give importers of Member States some degree of weight of carbon. certainty, the first tranche of the tariff quota should be fixed at a relatively high level which could be 41 760 3. Within this quota, the customs tariff duty shall tonnes : be suspended at 3 % .
Whereas Member States may exhaust their initial shares at different rates ; whereas to avoid disruption Article 2 of supplies on this account it should be provided that any Member State which , has almost used up its initial 1 . A first instalment of 41 760 tonnes of this share should draw an additional share from the Community tariff quota shall be allocated among the reserve ; whereas each time its additional share is almost exhausted a Member State should draw a Member States ; the shares, which subject to Article 5 shall be valid until 31 December 1977, shall be as further share, and so on as many times as the reserve follows for each Member State : allows ; whereas the initial and additional shares should be valid until the end of the quota period ; Benelux 9 500 tonnes, whereas this form of administration requires close Denmark 84 tonnes, collaboration between the Member States and the Germany 7 014 tonnes, Commission and the Commission must be in a posi France 7 624 tonnes, tion to keep account of the extent to which the quotas Ireland 8 tonnes, have been used up and to inform the Member States Italy 3 000 tonnes, accordingly ; United Kingdom 14 530 tonhes.
Whereas if at a given date in the quota period a 2. . The second instalment of 2 540 tonnes shall considerable quantity of a Member State's initial share constitute a reserve . remains unused it is essential that such State should Article 3 return a significant proportion thereof to the reserve, in order to prevent a part of a quota from remaining unused in one Member State while it could be used in 1 . As soon as one of the Member States has used others ; 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 noti Whereas, since the Kingdom of Belgium, the fying the Commission, draw a second share, to the Kingdom of the Netherlands and the Grand Duchy of extent that the reserve so permits, equal to 10 % of its Luxembourg are united within and jointly represented initial share rounded up as necessary to the next by the Benelux Economic Union, any measure whole number. concerning the administration of the shares allocated to that Economic Union may be carried out by any one of its members, 2. As soon as one of the Member States, after exhausting its initial 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 HAS ADOPTED THIS REGULATION initial share .
3 . As soon as one of the Member States, after exhausting its second share, has used 90 % or more of Article 1 the third share drawn by it, that Member State shall forthwith and in accordance with the same conditions, 1 . From the date of entry into force of this Regula draw a fourth share equal to the third. tion and until 31 December 1977 a tariff quota of 44 300 tonnes shall be opened within the Community This process shall continue until the reserve is in respect of ferro-chromium containing not less than exhausted. 4 % by weight of carbon falling within subheading ex 73.02 E I of the Common Customs Tariff. 4. Notwithstanding paragraphs 1 to 3, a Member State may draw shares lower than those specified in 2. During this period the Member States shall be those paragraphs if there are grounds for believing authorized within the 20 % limit of the quotas allo that those specified may not be used in full. Any cated to them or which they levy on the reserve in Member State applying this paragraph shall inform accordance with Articles 2 and 3 to charge against the the Commission of its grounds for so doing.
27. 10 . 77 Official Journal of the European Communities No L 275/ 5
Article 4 notify the amount of that balance to the Member State making the last drawing. Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1977 . Article 8 Article 5 1 . The Member States shall take all appropriate measures to ensure that additional shares drawn The Member States shall not later than 15 December pursuant to Article 3 are opened in such a way that 1977 return to the reserve the unused portion of their importations may be charged without interruption initial share which on 1 December 1977 exceeds against their accumulated share of the tariff quota. 20 % of the initial amount. They may return a greater portion if there are grounds for believing that such 2. The Member States shall ensure that importers portion may not be used in full. of the product in question established in their territo ries have free access to the shares allocated to them . Not later than 15 December 1977 the Member States shall notify the Commission of the total quantities of 3. The Member State shall charge imports of the the products in question imported up to and product in question against their shares as and when including 1 December 1977 and charged against the the product is entered with the customs authorities for home use . Community quota and of any portion of their initial shares returned to the reserve . 4. The extent to which the Member States have used up their shares shall be determined on the basis Article 6 of the importations charged against their shares in accordance with paragraph 3. Member States may restrict the use to which products charged against their quotas may be put. Article 9 Article 7 At the request of the Commission, the Member States shall inform it of imports charged against their shares. The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 Article 10 and 3 and shall, as soon as the information reaches it, inform each State of the extent to which the reserve The Member States and the Commission shall coop has been used up. erate closely to ensure that this Regulation is Not later than 20 December 1977 it shall inform the complied with . Member States of the amounts still in reserve following any return of shares pursuant to Article 5. Article 11
It shall ensure that when an amount exhausting the This Regulation shall enter into force on the seventh reserve is drawn, the amount so drawn does not day following its publication in the Official Journal exceed the balance available, and to this end shall of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 24 October 1977. For the Council
The President
A. HUMBLET