31985R3676

30 . 12 . 85 No L 354 / 43 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 3676 / 85

of 20 December 1985

opening, allocating and providing for the 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 more than 90 % by weight of chromium ( super-refined ferro-chromium), falling within subheading ex 73.02 E I of the Common Customs Tariff ( 1986 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , account the foreseeable evolution of the market in such ferro-chromium for 1986 and in particular the forecasts made by the Member States , the initial percentage shares in the quota volume can be expressed approximately as follows : Having regard to the Treaty establishing the European Economic Community and in particular Article 113 thereof, Benelux 15,93 Denmark 0,03 Germany 27,71 Greece 0,17 Having regard to the proposal from the Commission , France 29,10 Ireland 0,03 Italy 8,66 Whereas , as regards ferro-chromium containing by weight United Kingdom 18,37 not more than 0,10 % of carbon and more than 30 % but not more than 90 % of chromium ( super-refined ferro­ chromium), falling within subheading ex 73.02 E I , the Whereas , to take account of future import trends for the European Economic Community has undertaken to open product concerned , the quota should be divided into two an annual duty-free tariff quota of 3 000 tonnes; whereas instalments , the first being allocated between the Member this should however , be reduced to 2 950 tonnes to take States and the Community of Ten and the second held as a account of the traditional imports from EFTA countries reserve to cover subsequently the requirements of Member which have been free of customs duty under the States which have exhausted their initial share , as well as Agreements concluded with those countries ; whereas the the requirement of the new Member States ; whereas , to tariff quota concerned should therefore be opened on give importers some degree of certainty , the first instalment 1 January 1986 and allocated among the Member States by of the tariff quota should be fixed at a high level , which in providing for Spain's and Portugal's participation as from this case could be approximately 91 % of the volume of the 1 March 1986 ; whereas this participation can intially be quota ; confined to the possible application of Article 2 ( 3 );

Whereas initial shares may be used up at different rates; Whereas equal and continuous access to the quota should whereas to avoid disruption of supplies on this account it be ensured for all importers and the rate of duty for the should be provided that any Member State which has tariff quota should be applied consistently to all imports almost used up its initial share should draw an additional until the quota is used up ; whereas arrangements for the share from the reserve ; whereas each time its additional utilization of the Community tariff quota based on an share is almost used up a Member State should draw a allocation among Member States would seem to be further share , and so on as many times as the reserve consistent with the Community nature of the quota ; allows ; whereas the initial and additional shares should be whereas , to correspond as closely as possible to the actual valid until the end of the quota period ; whereas this form trend of the market in the product in question , allocation of administration requires close collaboration between the of the quota should be in proportion to the requirements of Member States and the Commission , which latter must be the Member States as calculated by reference to statistics of in a position to keep account of the extent to which the imports from third countries during a representative quotas have been used up and inform the Member States reference period and to the economic outlook for the quota accordingly ; period in question ;

Whereas , if at a given date in the quota period o Whereas ferro-chromium of this quite specific quality is not considerable quantity of a Member State's initial share singled out in the Member States' statistical nomenclatures ; remains unused , it is essential that that Member State whereas their corresponding imports from third countries should return a significant proportion to the reserve , in not already benefiting from an equivalent preferential order to prevent a part of the Community quota remaining arrangement could not be detailed in their entirety for the unused in one Member State while it could be used in abovementioned reference period ; whereas , taking into others ;

No L 354 / 44 30 . 12 . 85 Official Journal of the European Communities

Article 3 Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are 1 . If a Member State has used 90 % or more of its initial united within and jointly represented by the Benelux Economic Union , any measure concerning the share as fixed in Article 2 ( 1 ), or of that share minus any administration of the shares allocated to that economic portion returned to the reserve pursuant to Articled , it union may be carried out by any one of its members , shall forthwith , by notifying the Commission , draw 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 . HAS ADOPTED THIS REGULATION :

2 . If a Member State , after exhausting its initial share , has Article 1 used 90 % or more of the second share drawn by it, that Member State shall forthwith , in the manner and to the 1 . From 1 January to 31 December 1986 a Community extent provided in paragraph 1 , draw a third share equal to tariff quota of 2 950 tonnes shall be opened in the 5 % of its initial share rounded up as necessary to the next Community for ferro-chromium containing by weight not whole number . more than 0,10 % of carbon and more than 30 % but not more than 90 % of chromium ( super-refined ferro­ chromium), falling within subheading ex 73.02 E I of the 3 . If a Member State , after exhausting its second share, Common Customs Tariff. has used 90 % or more of the third share drawn by it , that Member State shall , in the manner and to the extent provided in paragraph 1 , draw a fourth share equal to the 2 . Imports of the product in question may not be charged third . against this tariff quota if they are already free of customs duties under other preferential tariff arrangements . This process shall apply until the reserve is used up .

3 . Within this quota , Common Customs Tariff duty shall be totally suspended . 4 . By way of derogation from paragraphs 1 to 3 , a Member State may draw shares lower than those specified in those paragraphs if there are grounds for believing that 4 . Within the limits of this tariff quota , Spain and those specified may not be used in full . Any Member State Portugal shall apply duties calculated in accordance with applying this paragraph shall inform the Commission of its the relevant provisions in the 1985 Act of Accession . grounds for so doing.

Article 2 Article 4 1 . A first instalment of 2 700 tonnes of this Community tariff quota shall be allocated among the Member States of Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1986 . the Community of Ten ; the shares , which subject to Article 5 shall be valid from 1 January to 31 December 1986 , shall be as follows :

f tonnes) Article 5 Benelux 430 Denmark 1 Member States shall , not later than 1 October 1986 , return Germany 748 to the reserve the unused portion of their initial share Greece 4 which , on 15 September 1986 , is in excess of 20 % of the France 786 initial volume . They may return a greater portion if there Ireland 1 are grounds for believing that it may not be used in full . 234 Italy 496 United Kingdom Member States shall , not later than 1 October 1986 , notify the Commission of the total quantities of the product in 2 . The second instalment of 250 tonnes shall constitute question imported up to and including 15 September 1986 the reserve . and charged against the Community quota and of any portion of their initial shares returned to the reserve . 3 . If, from 1 March 1986 , an importer notifies an imminent importation of the product in question in Spain or Portugal and requests the benefit of the quota , the Member State concerned shall inform the Commission and Article 6 draw an amount corresponding to these requirements to the extent that the available balance of the reserve permits Member States may restrict the charging of imports against this . their shares to products for certain intended uses . In that

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case the Community provisions on the matter shall be without interruption against their aggregate share of the applied for checking that the product has been used for the Community quota . stipulated purpose. 2 . Member States shall ensure that importers of the product in question have free access to the shares allocated Article 7 to them .

The Commission shall keep an account of the shares 3 . The extent to which the Member States have used up opened by the Member States pursuant to Articles 2 and 3 their shares shall be determined on the basis of imports of and shall , as soon as the information reaches it , inform the products in question entered with the customs each State of the extent to which the reserve has been used authorities for free circulation . up .

It shall , not later than 5 October 1986 , inform the Member Article 9 States of the amount still in reserve, following any return of shares pursuant to Article 5 . At the Commission's request, Member States shall inform it of the imports actually charged against their shares. It shall ensure that the drawing which exhausts the reserve does not exceed the balance available , and to this end shall Article 10 notify the amount of that balance to the Member State making the last drawing. The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . Article 8

1 . Member States shall take all appropriate measures to Article 11 ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged This Regulation shall enter into force on 1 January 1986 .

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

Done at Brussels , 20 December 1985 .

For the Council

The President

R. KRIEPS