31973R3586

No L 365 /26 Official Journal of the European Communities 31 . 12 . 73

REGULATION (EEC) No 3586/73 OF THE COUNCIL of 28 December 1973

on the opening, allocation and administration of a Community tariff quota for un­ wrought zinc falling within subheading No 79.01 A of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN COMMUNITIES , the option of not taking their share from this amount if certain conditions of grades and purpose have not been met; Having regard to the Treaty establishing the European Economic Community, and in particular Article 28 thereof; Whereas, to take account of future import trends for the said goods, the quota volume of 20 000 metric tons should be divided into two tranches, the first Having regard to the draft Regulation submitted by being allocated* amongst the Member States and the the Commission ; second being held as a reserve to cover at a later date the requirements of Member States who have used up their initial shares ; whereas, to give importers some Whereas, as regards unwrought zinc, Community certainty, the first tranche should be fixed at 18 000 production is insufficient, and whereas producers metric tons, the balance constituting the reserve ; cannot therefore meet all of the requirements of whereas, failing a sufficiently representative reference Community user industries ; period, the following approximate initial percentage-shares may be adopted on the basis of estimates which take account of the new situation : Whereas it appears to be in the Community's interest to suspend, in the case of this metal, the application of the autonomous Common Customs Tariff duties Benelux 25-34 for a year within given limits ; Denmark 2-22 Whereas, under Article 39 of the Act of Accession, Germany 42-67 the new Member States must on 1 January 1974 make the first move towards alignment of their France 1-33 national tariffs on the Common Customs Tariff as regards the said goods ; whereas, therefore, the needs Ireland 1-48 of those Member States for imports from third countries should from that date onwards be covered Italy 10-66 by the tariff quota in question during the period United Kingdom 16-30 thereof; whereas these requirements may not include imports to which some other preferential tariff treatment may apply ; whereas the duties to be applied by the new Member States under the said Whereas the initial shares may be used up fairly tariff quota must be in conformity with the relevant quickly; whereas, therefore, to avoid disruption of provisions of the Act of Accession ; supplies, any Member State which has almost used up its initial share should draw a supplementary share from the reserve; whereas this must be done by Whereas, in view of the slight interpenetration of the each Member State as each one of its supplementary markets in unwrought zinc, it does not seem possible shares is almost used up, and as many times as the to establish the volume and allocation of the reserve allows ; whereas the initial and supplementary Community tariff quota for the metal concerned on shares must be valid until the end of the quota the basis of previous data ; whereas, on the basis of period ; whereas this form of administration requires estimates of requirement supplied by the Member close collaboration between the Member States and States, the quota volume for unwrought zinc to be the Commission, and the Commission must be in a opened for 1974 has been fixed at 20 000 metric tons ; position to follow the extent to which the quota whereas this volume takes account of the need to stay volume has been used up and inform the Member within reasonable limits and to safeguard Community States thereof; production; whereas, therefore, only the estimated requirements of some Member States for certain grades of zinc have been taken into account; whereas Whereas if, at a given date in the quota period, a it is advisable to allow the aforesaid Member States Member State has a considerable quantity of its

31 . 12 . 73 Official Journal of the European Communities No L 365 /27

initial share left over, it is essential that it should 2. The second tranche, of 2 000 metric tons, shall return a significant proportion thereof to the reserve, constitute the Community reserve. to prevent a part of the Community quota from remaining unused in one Member State while it could be used in others ; Article 3

Whereas since the Kingdom of Belgium, the Kingdom 1 . If 90 % or more of a Member State's initial of the Netherlands and the Grand Duchy of share as specified in Article 2 ( 1 ), or of that share Luxembourg are jointly represented by the Benelux minus the portion returned to the reserve where Economic Union any measures concerning the Article 5 is applied, has been used up, that Member administration of the shares allocated to that State shall without delay, by notifying the economic union may be carried out by one of its Commission, draw a second share equal to 10 % of members, its initial share, or rounded up where necessary to the next unit, to the extent permitted by the amount of the reserve. HAS ADOPTED THIS REGULATION :

2. If, after its initial share has been used up, 90 % Article 1 or more of the second share drawn by a Member State has been used up, that Member State shall, in 1 . During the period from 1 January to 31 accordance with the conditions imposed by December 1974 a Community tariff quota of 20 000 paragraph 1, draw a third share equal to 5 % of its metric tons shall be opened in the Community for initial share, rounded up where necessary to the next unit . unwrought zinc falling within subheading No 79.01 A of the Common Customs Tariff. 3 . If, after its second share has been used up, 90 % or more of the third share drawn by a Member State 2. Imports of the said goods may not be counted has been used up, that Member State shall, in under this tariff quota if they are already free of accordance with the same conditions, draw up a customs duties under other preferential tariff fourth share equal ,to the third. treatment applied by certain Member States in particular under free trade agreements. This process shall continue to apply until the reserve is used up. 3 . "Within this tariff quota the 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 4. Within this tariff quota the new Member States fixed in those paragraphs if there are grounds for shall apply duties calculated in accordance with the believing that those fixed may not be used up. It shall relevant provisions of the Act of Accession. inform the Commission of its reasons for applying this paragraph.

Article 2 Article 4 1 . Of this Community tariff quota, a first tranche of 18 000 metric tons shall be allocated among the Supplementary shares drawn pursuant to Article 3 Member States ; the respective shares of the Member shall be valid until 31 December 1974. States, which, subject to Article 5, shall be valid from 1 January to 31 December 1974, shall be as follows : Article 5 Benelux 4 561 metric tons Denmark 400 metric tons A Member State which on 15 October 1974 has not used up its initial share shall return to the reserve not Germany 7 681 metric tons later than 31 October 1974 the unused portion France 239 metric tons exceeding 20 % of the initial amount. It may return a greater portion if there are grounds for believing Ireland 266 metric tons that it may not be used up . Italy 1 919 metric tons Member States shall, not later than 31 October 1974, United Kingdom 2 934 metric tons notify the Commission of the total quantities of the

No L 365 /28 Official Journal of the European Communities 31 . 12. 73

said goods imported up to and including 15 October Article 8 1974 and charged against the Community quota and any quantities of their initial shares returned to the 1 . Member States shall take all measures necessary reserve . to ensure that supplementary shares drawn pursuant to Article 3 are opened in such a way that imports may be charged without interruption against their accumulated shares in the Community quota. Article 6 2. Member States shall ensure that importers of Member States may restrict deductions from their the said goods established in their territory have free access to the shares allocated to them. shares of unwrought zinc for certain puposes or grades. 3 . The extent to which a Member State has used up its quota-share shall be determined on the basis of the quantities of the said goods entered for home use. Article 7

Article 9 The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 Member States shall inform the Commission at and 3 and shall, as soon as it has been notified, inform each State of the extent to which the reserve regular intervals of imports actually charged against has been used up. their shares .

Article 10 It shall inform the Member States, not later than 15 November 1974, of the amount still in reserve after Member States and the Commission shall cooperate amounts have been returned thereto pursuant to Article 5 . closely to ensure that this Regulation is observed .

It shall ensure that the drawing which uses up the Article 11 reserve is limited to the balance available and to this end shall specify the amount thereof to the Mertiber This Regulation shall enter into force on 1 January State making the last drawing. 1974 .

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