31986R3744

No L 353 / 16 Official Journal of the European Communities 13 . 12 . 86

COUNCIL REGULATION ( EEC ) No 3744 / 86

of 28 November 1986

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 ( 1987)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , 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 Benelux 4,01 thereof, Denmark 0,01 Germany 22,27 Greece 0,01 Spain 19,37 Having regard to the proposal from the Commission , France 31,16 Ireland 0,01 Italy ' 8,91 Portugal 0,89 Whereas , as regards ferro-chromium containing by weight United Kingdom 13,36 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 second held as a reserve to cover account of the traditional imports from EFTA countries subsequently the requirements of Member States which which have been free . of customs duty under the Agreements concluded with those countries ; whereas the have exhausted their initial share ; whereas , to give importers some degree of certainty , the first instalment of tariff quota concerned should therefore be opened on the tariff quota should be fixed at a high level , which in this 1 January 1987 and allocated among the Member States ; case could be approximately 91 % of the volume of the quota ;

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

Whereas ferro-chromium of this quite specific quality is not singled out in the Member States' statistical nomenclatures ; Whereas , if at a given date in the quota period a whereas their corresponding imports from third countries considerable quantity of a Member State's initial share not already benefiting from an equivalent preferential remains unused , it is essential that that Member State arrangement could not be detailed in their entirety for the should return a significant proportion to the reserve , in abovementioned reference period ; whereas , taking into order to prevent a part of the Community quota remaining account the foreseeable evolution of the market in such unused in one Member State while it could be used in ferro-chromium for 1987 , and in particular the forecasts others ;

13 . 12 . 86 Official Journal of the European Communities No L 353 / 17

Whereas , since the Kingdom of Belgium , the Kingdom of HAS . ADOPTED THIS REGULATION : the Netherlands and the Grand Duchy of Luxembourg are Article 1 united within and jointly represented by the Benelux Economic Union , any measure concerning the 1 . From 1 January to 31 December 1987 , the Common administration of the shares allocated to that economic Customs Tariff duty on the following product shall be union may be carried out by any one of its members , suspended at the level and within the limit of a Community tariff quota as shown herewith :

CCT Amount of ' Rate of Order No heading Description tariff quota duty No ( in tonnes ) ( in % )

09.0023 ' ex 73.02 E I Ferro-chromium containing not more than 0,10 % by weight of carbon and more than 30 % but not more than 90 % of chromium ( super-refined ferro-chromium ) 2 950 0

Within the limits of this tariff quota , Spain and Portugal 2 . If a Member State , after exhausting its initial share , has shall apply duties calculated in accordance with the used 90 % or more of the second share drawn by it , that relevant provisions in the 1985 Act of Accession . Member State shall forthwith , in the manner and to the extent provided in paragraph 1 , draw a third share equal to 5 % of its initial share rounded up as necessary to the next 2 . Imports of the product in question may not be charged whole number . against this tariff quota if they are already free of customs duties under other preferential tariff arrangements . 3 . If a Member State , after exhausting its second share , has used 90 % or more of the third share drawn by it, that Member State shall , in the manner and to the extent Article 2 provided in paragraph 1 , draw a fourth share equal to the third . 1 . A first , instalment of 2 728 tonnes of this Community tariff quota shall be allocated among the Member States ; the shares , which subject to Article 5 shall be valid from This process shall apply until the reserve is used up . 1 January to 31 December 1987 , shall be as follows :

(tonnes) 4 . By way of derogation from paragraphs 1 to 3 , a Benelux 158 Member State may draw shares lower than those specified Denmark 1 in those paragraphs if there are grounds for believing that Germany 601 those specified may not be used in full . Any Member State Greece 1 applying this paragraph shall inform the Commission of its Spain 500 grounds for so doing. France 841 Ireland 1 Italy 240 24 Article 4 Portugal United Kingdom 361 Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1987 . 2 . The second instalment of 222 tonnes shall constitute the reserve .

Article5¶

Article 3 Member States shall , not later than 1 October 1987 , return to the reserve the unused portion of their initial share 1 . If a Member State has used 90 % or more of its initial which , on 15 September 1987 , is in excess of 20 % of the share as fixed in Article 2 ( 1 ), or of that share minus any initial volume . They may return a greater portion if there portion returned to the reserve pursuant to Article 5 , it are grounds for believing that it may not be used in full . 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 Member States shall , not later than 1 October 1987 , notify to the next whole number . the Commission of the total quantities of the product in

No L 353 / 18 Official Journal of the European Communities 13 . 12 . 86

question imported up to and including 15 September 1987, are opened in such a way that imports may be charged and charged against the Community quota and of any without interruption against their aggregate share of the portion of their initial shares returned to the reserve . Community quota .

Article 6 2 . Member States shall ensure that importers of the product in question have free access to the shares allocated Member States may restrict the charging of imports against to them . their shares to products for certain intended uses . In that case the Community provisions on the matter shall be applied for checking that the product has been used for the 3 . The extent to which the Member States have used up stipulated purpose . their shares shall be determined on the basis of imports of the products ' in question entered with the customs authorities for free circulation . Article 7

The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 and shall , as soon as the information reaches it , inform Article 9 each State of the . extent to which the reserve has been used up . At the Commission's request , Member States shall inform it of the imports actually charged against their shares . It shall , not later than 5 October 1987 , inform the Member States of the amount still in reserve , following any return of shares pursuant to Article 5 . Article 10 It shall ensure that the drawing which exhausts the reserve does not exceed the balance available , and to this end shall The Member States and the Commission shall cooperate notify the amount of that balance to the Member State closely to ensure that this Regulation is complied with . making the last drawing .

Article 8 Article 11 1 . Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Article 3 This Regulation shall enter into force on 1 January 1987 .

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

Done at Brussels , 28 November 1986 .

For the Council

The President

A. RUMBOLD