31973R3585

No L 365 /22 Official Journal of the European Communities 31 . 12. 73

REGULATION (EEC) No 3585/73 OF THE COUNCIL

of 28 December 1973 on the opening, allocation and administration of Community tariff quotas for bullion lead and unwrought lead other than bullion lead falling within subheading No 78.01 A I and A II of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN COMMUNITIES , been fixed at 304 300 metric tons for bullion lead and at 55 000 metric tons for other unwrought lead; whereas the latter amount takes account of the need Having regard to the Treaty establishing the to maintain a reasonable balance of deductions from European Economic Community, and in particular the tariff quota for unwrought lead in general in Article 28 thereof; order to safeguard the foundry industry; whereas, therefore, only the estimated requirements of some Member States for certain grades of lead have been Having regard to the draft Regulation submitted by taken into account, whereas it is advisable to allow the Commission ; the aforementioned Member States the option of not taking their share from these 55 000 metric tons if certain conditions of grades and purpose have not Whereas, as regards unwrought lead, Community been met; production is insufficient, and whereas producers cannot therefore meet all of the requirements of Community user industries ; Whereas, to take account of future import trends for the said goods, the quota volumes of both grades of lead should be divided into two tranches, the first Whereas it appears to be in the Community's interest being allocated to the Member States and the second to suspend, in the case of this metal, the application being held as a reserve to cover at a later date the of the autonomous Common Customs Tariff duties requirements of Member States who have used up for a year within given limits, and to distinguish their initial shares; whereas, to give importers some between bullion lead (unwrought lead containing certainty, the first tranches shall be fixed at 277 180 0-02 % or more by weight of silver for refining) and metric tons for bullion lead and 51 150 metric tons unwrought lead other than bullion lead ; for other unwrought lead, the balances constituting the reserves ; whereas, failing a sufficiently representative reference period, the following initial Whereas, under Article 39 of the Act of Accession the percentage-shares may be adopted on the basis of new Member States must on 1 January 1974 make estimates which take account of the new situation : the first move towards alignment of their national tariffs on the Common Customs Tariff as regards the said goods ; whereas, therefore, the' needs of those ( metric tons) Member States for imports from third countries Bullion lead Other unwrought should from that date onwards be covered by the lead tariff quota in question during the period thereof; whereas these requirements may not include imports to which some other preferential tariff treatment may Benelux 22 000 16 619 apply; whereas the duties to be applied by the new Denmark 50 911 Member States under the said quota must be in conformity with the relevant provisions of the Act of Germany 60 000 11984 Accession ; France 50 333 Ireland 80 230 Whereas, in view of the slight interpenetration of the Italy 40 000 11 984 markets in bullion lead and in other unwrought lead, United Kingdom 155 000 9 089 and of the lack of complete statistical data on these two grades of the metal, it does not seem possible to establish the volume and allocation of the Community tariff quotas for the metal concerned on the basis of previous data ; whereas, on the basis of Whereas the initial shares may be used up fairly estimates of requirements submitted by the Member quickly; whereas, therefore, to avoid disruption of States, the quota volumes to be opened for 1974 have supplies, any Member State which has almost used

31 . 12 . 73 Official Journal of the European Communities No L 365 /23

up one of its initial shares should draw a customs duties under other preferential tariff supplementary share from the appropriate reserve; treatment applied by certain Member States in whereas this must be done by each Member State as particular under the free trade agreements. each one of its supplementary shares is almost used up, and as many times as the reserve allows ; whereas the initial and supplementary shares must be valid 3 . Within these tariff quotas the Common until the end of the quota period ; whereas this form Customs Tariff duties shall be totally suspended. of administration requires close collaboration between the Member States and the Commission, and the Commission must be in a position to follow the 4. Within these tariff quotas the new Member extent to which the quota volume has been used up States shall apply duties calculated in accordance and inform the Member States thereof; with the relevant provisions of the Act of Accession .

Whereas if, at a given date in the quota period, a Member State has a considerable quantity of one of Article 2 its initial shares left over, it is essential that it should return a significant proportion thereof to the 1 . Of these volumes, the first tranches of 277 180 appropriate reserve, to prevent a part of one or other metric tons in respect of bullion lead and 51 150 quota volumes from remaining unused in one metric tons in respect of other unwrought lead shall Member State while it could be used in others ; be allocated among the Member States ; the respective shares of the Member States, which, subject to Article 5 , shall be valid from 1 January to 31 December Whereas since the Kingdom of Belgium, the Kingdom 1974, shall be as follows : of the Netherlands and the Grand Duchy of Luxembourg are jointly represented by the Benelux Economic Union any measures concerning the ( a) as regards unwrought lead containing 0-02 % or administration of the shares allocated to that more by weight of silver' for refining (bullion economic union may be carried out by one of its lead): members , Benelux 22 000 metric tons

Denmark 50 metric tons HAS ADOPTED THIS REGULATION : Germany 60 000 metric tons

France 50 metric tons Article 1 Ireland 80 metric tons

1 . During the period from 1 January to 31 De­ Italy 40 000 metric tons cember 1974 Community tariffs quotas shall be United Kingdom 155 000 metric tons opened in the Community for the following products within the following limits : (b ) as regards other unwrought lead :

Benelux 16 619 metric tons CCT heading Amount of No Description the quota Denmark 911 metric tons

Germany 11 984 metric tons 78.01 A I Unwrought lead containing France 333 metric tons 0-02 % or more by weight of silver for refining (bull­ 304 300 Ireland 230 metric tons ion lead) metric tons Italy 11 984 metric tons 78.01 A II Other unwrought lead 55 000 metric tons United Kingdom 9 089 metric tons

2 . The second tranches, of 27 120 metric tons and 2. Imports of the said goods may not be counted 3 850 metric tons respectively, shall constitute the under these tariff quotas if they are already free of Community reserves .

No L 365 /24 Official Journal of the European Communities 31 . 12. 73

Article 3 any quantities of their initial shares returned to the reserves . 1 . If 90 % or more of one of a Member State's initial shares as specified in Article 2 (1 ), or of that Article 6 share minus the portion returned to the reserve , where Article 5 is applied, has been used up, that Member State shall, without delay, by notifying the Member States may restrict deductions from their shares of unwrought lead (other than bullion lead) Commission, draw a second share equal to 10 % of for certain purposes or grades. its original share, rounded up where necessary to the next unit, to the extent permitted by the amount of the reserve.

Article 7 2. If, after one or other of its initial shares has been used up, 90 % or more of the second share The Commission shall keep an account of the shares drawn by a Member State has been used up, that opened by the Member States pursuant to Articles 2 Member State shall, in accordance with the and 3 and shall, as soon as it has been notified, conditions imposed by paragraph 1, draw a third inform each state of the extent to which the reserves share equal to 5 % of its initial share, rounded up have been used up. where necessary to the next unit. It shall inform the Member States, not later than 15 November 1974, of the amounts still in reserve after 3 . If, after one or other of its second shares has amounts have been returned thereto pursuant to been used up, 90 % or more of the third share drawn Article 5 . by a Member State has been used up, that Member State shall, in accordance with the same conditions, It shall ensure that the drawing which uses up one of draw a fourth share equal to the third. the reserves is limited to the balance available and to this end shall specify the amount thereof to the This process shall continue to apply until the reserves Member State making the last drawing. are used up.

4. By way of derogation from paragraphs 1 to 3, a Article 8 Member State may draw shares lower than those fixed in those paragraphs if there are grounds for 1 . Member States shall take all necessary measures believing that those fixed may not be used up . It to ensure that supplementary shares drawn pursuant shall inform the Commission of its reasons > for to Article 3 are opened in such a way that imports applying this paragraph. may be charged without interruption against their accumulated shares in the Community quotas.

Article 4 2. Member States shall ensure that importers of the said goods established in their territory have free Supplementary shares drawn pursuant to Article 3 access to the shares allocated to them . shall be valid until 31 December 1974.

3 . As regards bullion lead, Member States shall administer their shares in accordance with the system Article 5 of prior allocation.

A Member State which on 15 October 1974 has not 4. The extent to which a Member State has used used up one or other of its initial shares shall return to the appropriate reserves not later than 31 October up its shares shall be determined on the basis of the 1974 the unused portion exceeding 20 % of the initial quantities of the said goods entered for home use. amount. It may return a greater portion if there are grounds for believing that it may not be used up. Article 9 Member States shall, not later than 31 October 1974, notify the Commission of the total quantities of the Member States shall inform the Commission at said goods imported up to and including 15 October regular intervals of imports actually charged against 1974 and charged against the Community quotas and their shares.

31 . 12 . 73 Official Journal of the European Communities No L 365 /25

Article10¶

Member States and the Commission shall cooperate This Regulation shall enter into force on 1 January closely in order to ensure that this Regulation is 1974. observed.

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

Done at Brussels, 28 December 1973 .

For the Council

The President Ove GULDBERG