31974R2421

No L 261 / 10 Official Journal of the European Communities 27. 9 . 74

REGULATION (EEC) No 2421/74 OF THE COUNCIL

of 23 September 1974 on the opening, allocation and administration of Community tariff quotas for bullion lead, and unwrought lead other than bullion lead, falling within subheadings 78.01 A I and A II of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN as to grade and intended use to be charged against COMMUNITIES, that quota ;

Having regard to the Treaty establishing the Whereas, in order to make greater allowance for European Economic Community, and in particular future trends in imports of the products in question, Article 28 thereof ; the quota for each grade of unwrought lead should be divided into two tranches, the first to be allocated Having regard to the draft Regulation submitted by among all the Member States, the second to form a the Commission ; reserve intended to cover any subsequent require­ ments of Member States which have used up their initial shares ; whereas, in order to ensure a certain Whereas Protocol 14 to the Act of Accession (*) degree of security for importers, the initial provides that the Community shall open each year tranches should be set at 315 600 metric tons, in nil duty Community tariff quotas for bullion lead the case of bullion lead, and 38 500 metric tons, (unwrought lead for refining, containing 0-02 % or in the case of unwrought lead other than bullion more by weight of silver), falling within subheading 78.01 A I and for lead other than bullion lead , lead, the remainder constituting the reserve ; whereas, having regard to estimates taking account falling within subheading 78.01 A II, the amount of of market trends in these products, the initial shares the quota to correspond, in the case of bullion lead, may be allocated as follows : to the total amount in respect of which requests 'have been received by Member States, plus a Community — metric tons — reserve and, in the case of unwrought lead other bullion lead unwrought lead, than bullion lead, to decrease annually from other 1 January 1975 by an amount fixed for 1974 at Benelux 35 000 14 460 55 000 metric tons to achieve the abolition of the Denmark 50 486 quota by 1978 ; whereas the Protocol also provides that the new Member States are to share in the 90 000 Germany 8 127 tariff quotas from 1 January 1974 ; whereas the France 500 200 duties to be applied by the new Member States within those tariff quotas must comply with the Ireland 50 100 relevant provisions of the Act of Accession ; whereas Italy 40 000 8 127 the Community tariff quotas in question should United Kingdom 150 000 7 000 therefore be opened on 1 January 1975 for 41 000 metric tons of unwrought lead other than bullion lead and for 350 000 metric tons ( on the basis of Whereas Member States may use up their initial Member States' estimates) of bullion lead ; shares at different rates ; whereas to avoid disruption of supplies on this account any Member State which has almost used up either of its initial shares should Whereas, in view of the minimal interpenetration of draw an additional share from the corresponding the markets in bullion lead and in other unwrought reserve ; whereas this should be done by each lead and of the lack of complete statistics relating Member State when each of its additional shares to these two grades of metal , it does not seem has been almost used up, and so on as many times possible to base the allocation of the Community as the reserve allows ; whereas the initial and tariff quotas in question on previous data ; whereas additional shares should be valid until the end of the figure of 41 000 metric tons for unwrought lead other than bullion lead takes account of the need the quota period ; whereas this form of adminis­ tration requires close collaboration between the to maintain a balance in the amounts chargeable Member States and the Commission, which latter against the tariff quota for unwrought lead in general must, in particular, be able to keep a record of the in order to protect the foundry industry ; whereas extent to which the quota has been used up and Member States should therefore be at liberty to to inform the Member States accordingly ; authorize only imports satisfying certain conditions

Whereas, if at a given date in the quota period a (*) OJ No L 73 , 27. 3 . 1972, p. 171 . considerable quantity of either of a Member State's

27. 9 . 74 Official Journal of the European Communities No L 261 /11

initial shares remains unused, it is essential that it to that Economic Union may be carried out by any return a significant proportion to the corresponding one of its members, reserve, so as to avoid a part of either quota remaining unused in one Member State when it could HAS ADOPTED THIS REGULATION : be used in others ;

Article 1 Whereas, since the Kingdom of Belgium, the King­ dom of the Netherlands and the Grand Duchy of 1 . During the period from 1 January to 31 Luxembourg are united within and jointly represented December 1975 Community tariffs quotas shall be by the Benelux Economic Union, any transaction in opened in the Community for the following products respect of the administration of the shares allocated within the following limits :

Amount of CCT heading No Description the quota (in metric tons) /

78.01 A I Unwrought lead containing 0·02 %> or more by weight of silver for refining (bullion lead) 350 000

78.01 A II Other unwrought lead 41000

2. Where the products in question are already (b) unwrought lead, other imported duty-free under other preferential tariff Benelux 14 460 metric tons arrangements entered into by certain Member States, Denmark 486 metric tons in particular under free trade agreements, such imports shall not be charged against these tariff Germany 8 127 metric tons quotas . France 200 metric tons Ireland 100 metric tons 3 . The Common Customs Tariff duty shall be totally suspended within these quotas. Italy 8 127 metric tons

United Kingdom 7 000 metric tons 4. Within these quotas, new Member States shall apply duties calculated in accordance with the 2 . The second tranche of 34 400 metric tons and relevant provisions of the Act of Accession. 2 500 metric tons respectively, shall constitute the reserves .

Article 2 Article 3 1 . The first tranches of the quota referred to in Article 1 of 315 600 metric tons of bullion lead and 1 . As soon as a Member State has used 90 % or 38 500 metric tons of unwrought lead other than more of one of its initial shares as fixed in Article bullion lead shall be allocated among the Member 2 ( 1 ), or of that share minus any portion returned States. The shares which, subject to Article 5 , shall to the corresponding reserve pursuant to Article 5 , be valid from 1 January to 31 December 1975 , shall, it shall forthwith, by notifying the Commission, for each Member State, be as follows : draw a second share, to the extent that the reserve so permits, equal to 10 % of its initial share (a) unwrought lead for refining, containing 0-02 % rounded up as necessary to the next whole number. or more by weight of silver (bullion lead) : Benelux 35 000 metric tons 2. As soon as a Member State, after using up one of its initial shares, has used 90 % or more of Denmark 50 metric tons its second share , that Member State shall forthwith Germany 90 000 metric tons and in the manner and to the extent provided in France 500 metric tons paragraph 1 draw a third share equal to 5 % of its initial share . Ireland 50 metric tons Italy 40 000 metric tons 3 . As soon as a Member State, after exhausting United Kingdom 150 000 metric tons one of its second shares, has used 90 % or more

No L 261 / 12 Official Journal of the European Communities 27 . 9 . 74

of its third share, that Member State shall, forthwith, Articles 2 and 3 and shall, as soon as it receives in accordance with the same conditions, draw a notification, inform each State of the extent to which fourth share equal to the third. the reserve has been used up.

This procedure shall apply until the reserves are It shall, not later than 15 November 1975, inform exhausted. the Member States of the amount still in reserve following any return of shares pursuant to Article 5 . 4. By way of derogation from paragraphs 1 , 2 and 3, a Member State may draw lesser amounts than It shall ensure that the drawing which exhausts a those specified therein if there are grounds for reserve does not exceed the balance available and, believing that the may not be used in full. It shall to this end, shall notify the amount thereof to the inform the Commission of its reasons for applying Member State making the last drawing. this provision. Article 8 Article 4 1 . Each Member State shall take all appropriate measures to ensure that additional shares drawn Additional share drawn pursuant to Article 3 shall be pursuant to Article 3 are opened in such a way that valid until 31 December 1975 . imports may be charged without interruption against its accumulated share of the Community quota. Article 5 2. Each Member State shall ensure that importers of the products in question established in its territory A Member State which, on 15 October 1975 , has have free access to the shares allocated to it. not exhausted one of its initial shares shall, not later than 31 October 1975 , return to the correspond­ 3 . Each Member State shall administer its share ing reserve any unused portion in excess of 20 % of the bullion lead quota according to a system of of the initial amount. It may return a greater prior allocation. quantity if there are grounds for believing that such may not be used in full. 4. The extent to which a Member State has used up its shares shall be determined on the basis of the Member States shall, not later than 31 October imports of the product in question entered with the 1975, notify the Commission of the total quantities customs authorities for home use. of the products in question imported up to and including 15 October 1975 and charged against the Article 9 Community quota and of any portion of each initial share returned to either reserve. Member States shall notify the Commission at regular intervals of the imports charged against their shares. Article 6

Article 10 Member States may restrict the unwrought lead other than bullion lead which may be charged The Member States and the Commission shall against their quota shares to lead of certain grades cooperate closely to ensure that the provisions of or lead to be used for certain purposes. this Regulation are observed.

Article7¶

The Commission shall keep an account of the This Regulation shall enter into force on 1 January shares opened by the Member States pursuant to 1975 .

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

Done at Brussels, 23 September 1974. For the Council The President Ch . PONCELET