31974R2422

27. 9 . 74 Official Journal of the European Communities No L 261 / 13

REGULATION (EEC) No 2422/74 OF THE COUNCIL of 23 September 1974 on the opening, allocation and administration of a Community tariff quota for unwrought zinc, falling within subheading 79.01 A of the Common Customs ' Tariff

THE COUNCIL OF THE EUROPEAN whereas, having regard to estimates taking account of COMMUNITIES , trends in the market for unwrought zinc, the first tranche may be allocated approximately according to Having regard to the Treaty establishing the European the following percentages : Economic Community, and in particular Article 28 Benelux 25-50 thereof ; Denmark 2-14 Germany 41-15 Having regard to the draft Regulation submitted by France 1-28 the Commission ; Ireland 1-43 Italy 10-28 Whereas Protocol 15 to the Act of Accession ( ! ) 18-22 United Kingdom provides that the Community shall open each year a nil duty Community tariff quota for unwrought zinc, Whereas Member States may exhaust their initial falling within subheading 79.01 A of the Common shares at different rates ; whereas to avoid disruption Customs Tariff, fixed at 30 000 metric tons for 1971 , of supplies on this account, any Member State which and decreasing each year, except 1974 until the quota has almost used up its initial share should draw an is abolished on 31 December 1977 ; whereas the additional share from the reserve ; whereas this should quota calculated on that basis amounts to 15 000 be done by each Member State when its additional metric tons for 1975 ; whereas the Protocol also share has been almost used up , and so on as many provides that the new Member States shall share in times as the reserve allows ; whereas the initial and the tariff quota from 1 January 1974 ; whereas the additional shares should be valid until the end of the duties to be applied by these Member States within quota period ; whereas this form of administration those tariff quotas must comply with the relevant prov­ requires close collaboration between the Member isions of the Act of Accession ; whereas the Commu­ States and the Commission , which latter must in parti­ nity tariff quota in question should therefore be cular be able to keep a record of the extent to which opened on 1 January 1975 ; the quota has been used up and to inform the Member States accordingly ; Whereas, in view of the minimal interpenetration of the markets in unwrought zinc, it does not seem Whereas if at a given date in the quota period a possible to base the allocation of the Community considerable quantity of a Member State's initial share tariff quota in question on previous data ; whereas the remains unused it is essential that it should return a figure of 1 5 000 metric tons takes account of the need significant proportion to the reserve, so as to avoid a not to exceed a reasonable amount, thereby protecting part of the quota remaining unused in one Member Community production ; whereas, to this end, only State when it could be used in others ; certain Member States' estimates of their requirements of specific grades of zinc have been taken into Whereas, since the Kingdom of Belgium , the account ; whereas Member States should therefore be Kingdom of the Netherlands and the Grand Duchy of at liberty to authorize only imports satsifying certain Luxembourg are united within and jointly represented conditions as to grade and intended use to be. charged by the Benelux Economic Union , any transaction in against that quota ; respect of the administration of the shares allocated to that Economic Union may be carried out by any one Whereas, in order to make greater allowance for future of its members , trends in imports of the product in question, the quota of 1 5 000 metric tons should be divided into two tranches, the first to be allocated among the Member States , the second to form a reserve intended HAS ADOPTED THIS REGULATION : to cover any subsequent requirements of Member States which have used up their initial share ; whereas , in order to ensure a certain degree of security for Article 1 importers , the initial tranche should be set at 14 000 metric tons, the remainder constituting the reserve ; 1 . During the period from 1 January to 31 December 1975, a Community tariff quota of 15 000 (') OJ No L 73 , 27 . 3 . 1972, p. 172 . metric tons shall be opened in the Community for

No L 261 / 14 Official Journal of the European Communities 27 . 9 . 74

unwrought zinc, falling within subheading 79.01 A of those specified therein if there are grounds for the Common Customs Tariff . believing that they may not be used in full . It shall inform the Commission of its reasons for applying 2. Where the product in question is already this provision. imported duty free under other preferential tariff arran­ gements entered into by certain Member States, in Article 4 particular under free trade agreements, such imports shall not be charged against the tariff quota. Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1975 . 3. Within this quota, the Common Customs Tariff duty shall be totally suspended . Article 5 4. Within this quota, new Member States shall apply duties calculated in accordance with the rele­ A Member State which on 15 October 1975 has not vant provisions of the Act of Accession . exhausted its initial share shall, not later than 31 October 1975, return to the reserve any unused Article 2 portion in excess of 20 % of the initial amount. It may return a greater quantity if there are grounds for 1 . The first tranche of the quota referred to in believing that such may not be used in full . Article 1 of 14 000 metric tons shall be allocated Member States shall , not later than 31 October 1975, among the Member States. The shares which, subject to Article 5, shall be valid from 1 January to 31 notify the Commission of the total quantities of the December 1975, shall , for each Member State , be as product in question imported up to and including 15 follows : October 1975 and charged against the Community quota and of any portion of their initial shares Benelux 3 570 metric tons returned to the reserve . Denmark 300 metric tons Germany 5 760 metric tons Article 6 France 180 metric tons Ireland 200 metric tons Member States may restrict the unwrought zinc which Italy 1 440 metric tons may be charged against their quota shares to United Kingdom 2 550 metric tons unwrought zinc of certain grades or zinc to be used 2. The second tranche, of 1 000 metric tons, shall for certain purposes . constitute the reserve . Article '7 Article 3 The Commission shall keep an account of the shares 1 . As soon as a Member State has used 90 % or opened by the Member States pursuant to Articles 2 and 3 and shall , as soon as it receives notification, more of its initial share as fixed in Article 2 ( 1 ), or of inform each State of the extent to which the reserve that share minus any portion returned to the reserve has been used up . pursuant to Article 5, it shall forthwith, by notifying the Commission , draw a second share , to the extent that the reserve so permits, equal to 10 % of its initial It shall , not later than 15 November 1975 , inform the share, rounded up as necessary to the next whole Member States of the amount still in reserve following number. any return of shares pursuant to Article 5. 2. As soon as a Member State, after using up its It shall ensure that the drawing which exhausts the initial share , has used 90 % or more of its second reserve does not exceed the balance available, and to share, that Member State shall forthwith in the this end shall notify the amount thereof to the manner and to the extent provided in paragraph 1 , Member State making the last drawing. draw a third share equal to 5 % of its initial share.

3. As soon as a Member State, after exhausting its Article 8 second share , has used 90 % or more of its third share , that Member State shall forthwith , in accor­ 1 . Each Member State shall take all appropriate dance with the same conditions, draw a fourth share measures to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that equal to the third. imports may be charged without interruption against This procedure shall apply until the reserve is its accumulated share of the Community quota . exhausted . 2 . Each Member State shall ensure that importers 4. By way of derogation from paragraphs 1 , 2 and of the product in question established in its territory 3, a Member State may draw lesser amounts than have free access 'to the shares allocated to it .

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3 . The extent to which a Member State has used up Article 10 its share shall be determined on the basis of the The Member States and the Commission shall coop­ imports of the product in question entered with the erate closely to ensure that the provisions of this Regu­ customs authorities for home use . lation are observed .

Article9¶

Member States shall notify the Commission at regular This Regulation shall enter into force on 1 January 1975 . intervals of the imports charged against its share.

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