31975R2878

No L 292/6 Official Journal of the European Communities 12 . 11 . 75

REGULATION (EEC) No 2878/75 OF THE COUNCIL

of 29 October 1975 on the opening, allocation and administration of a Community tariff quota for unwrought lead other than bullion lead, falling within subheading 78.01 A II of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN COMMUNITIES , in question on previous data ; whereas the figure of 27 000 metric tons takes account of the need to maintain a balance in the amounts chargeable against the tariff quota in order to maintain the protection Having regard to the Treaty establishing the of the foundry industry; whereas Member States European Economic Community, and in particular should therefore be at liberty to authorize only Article 28 thereof; imports satisfying certain conditions as to grade and intended use to be charged against that quota ;

Having regard to the draft Regulation submitted by the Commission ; Whereas, in order to take more precise account of future trends in imports of the product in question, the quota should be divided into two tranches, the Whereas, under Protocol No 14 to the Act of first to be allocated among all the Member States Accession (x), the Community is required to open and the second to form a reserve intended to cover each year, until the entry into force of a total any subsequent requirements of Member States which suspension of the customs duty for an indefinite have used up their initial shares ; whereas, in order period, a tariff quota for bullion lead (unwrought to ensure a certain degree of security for importers, lead for refining, containing 0-02% or more by the first tranche should be set at 25 500 metric tons, weight of silver) falling within subheading 78.01 A I; the remainder constituting the reserve ; whereas, on whereas this suspension from 1 January 1976 makes the basis of estimates taking account of market trends the opening of a tariff quota unnecessary for 1976 ; in this product, the initial shares may be allocated as set out in Article 2 ; Whereas, in accordance with the same Protocol, the Community is also required to open each year a nil Whereas Member States may use up their initial duty Community tariff quota for lead other than shares at different rates ; whereas, to provide for bullion lead falling within subheading 78.01 A II, this eventuality and to avoid disruption of supplies, the amount of the quota to decrease annually from any Member State which has almost used up its 1 January 1975 by an amount fixed for 1974 at initial share should draw an additional share from 55 000 metric tons to arrive at zero in 1978 ; whereas the reserve ; whereas this should be done by each the Protocol also provides that the new Member Member State when each of its additional shares has States are to share in those tariff quotas from been almost used up," and so on as many times as 1 January 1974; whereas the duties to be applied the reserve allows ; whereas the initial and additional by the new Member States within those tariff quotas shares should be valid until the end of the quota must comply with the relevant provisions of the period ; whereas this form of administration requires Act of Accession ; whereas the Community tariff close collaboration between Member States and the quota laid down for this product, the amount of Commission, which latter must, in particular, be which is 27 000 metric tons for 1976, should therefore able to keep a record of the extent to which the be opened on 1 January 1976; quota has been used up and to inform the Member States accordingly; Whereas, in view of the minimal interpenetration of the markets in unwrought lead other than bullion Whereas if, at a given date in the quota period, lead and of the lack of complete statistics relating a considerable quantity of a Member State's initial to this grade of metal, it does not seem possible share remains unused, it is essential that that Mem­ to base the allocation of the Community tariff quota ber State should return a significant proportion to the reserve, so as to avoid a part of the quota remaining unused in one Member State when it 0 OJ No L 73 , 27. 3 . 1972, p. 171 . could be used in others ;

12 . 11 . 75 Official Journal of the European Communities No L 292/7

Whereas, since the Kingdom of Belgium, the any portion returned to the reserve where Article 5 Kingdom of the Netherlands and the Grand Duchy has been applied, has been used up, that Member of Luxembourg are united within, and jointly State shall forthwith, by notifying the Commission, represented by the Benelux Economic Union, any draw a second share, to the extent that the reserve measure concerning the administration of the shares so permits, equal to 10% of its initial share, rounded allocated to that Economic Union may be carried up as necessary to the next whole number. out by any one of its members,

2. If, after its initial share has been used up, 90% HAS ADOPTED THIS REGULATION : or more of the second share drawn by a Member State has been used up, that Member State shall, in the manner and to the extent provided in paragraph Article 1 1 , draw a third share equal to 5% of its initial share, rounded up as necessary to the next whole number. 1 . For the period 1 January to 31 December 1976, a Community tariff quota of 27 000 metric tons shall be opened for unwrought lead other than bullion 3 . If, after its second share has been used up, 90% lead, falling within subheading 78.01 A II of the Com­ or more of the third share drawn by a Member mon Customs Tariff. State has been used up, that Member State shall, in accordance with the same conditions, draw a fourth 2. Imports of the product in question may not be share equal to the third. charged against this tariff quota if they are already free of customs duties under other preferential tariff arrangements. This procedure shall apply until the reserve is used up . 3 . Within this tariff quota, the Cortimon Customs Tariff duty shall be totally suspended. 4. By way of derogation from paragraphs 1 , 2 and 3 , 4. The new Member States shall apply duties Member States may draw lesser shares than those calculated in accordance with the relevant provisions specified therein if there are grounds for believing of the Act of Accession within this quota. that those specified may not be used in full. They shall inform the Commission of their reasons for applying this paragraph. Article 2

1 . A first tranche of 25 500 metric tons of this Article 4 Community tariff quota shall be allocated among the Member States . Member States ' shares which, subject to Article 5 , shall be valid from 1 January Additional shares drawn pursuant to Article 3 shall to 31 December 1976, shall be as follows : be valid until 31 December 1976 . in metric tons Benelux 12 100 Denmark 271 Article 5 Germany 4 529 France 112 Member States shall return to the reserve, not later Ireland 57 than 1 October 1976, the unused portions of their initial shares which, on 15 September 1976, are in Italy 4 529 excess of 20% of the initial amounts. They may United Kingdom 3 902 . return a greater portion if there are grounds for believing that such portion may not be used in full. 2. The second tranche of 1 500 metric tons shall constitute the reserve. Member States shall notify the Commission, not later than 1 October 1976, of the total quantities of Article 3 the product in question imported up to and including 15 September 1976 and charged against the Com­ 1 . If 90% or more of a Member State's initial share munity quota and of any portion of their initial as fixed in Article 2 ( 1 ), or of that share minus shares returned to the reserve.

No L 292/8 Official Journal of the European Communities 12.11.75

Article 6 may be charged without interruption against their aggregate shares of the Community quota. Member States may restrict the product in question which may be charged against their quota shares 2. Member States shall ensure that importers of to lead of certain grades or lead to be used for the product in question established in their territory certain purposes . have free access to the shares allocated to them.

Article 7 3 . The extent to which a Member State has used up its share shall be determined on the basis of the imports of the product in question entered with The Commission shall keep an account of the shares the customs authorities for home use. opened by the Member States pursuant to Articles 2 and 3 and , as soon as it has been notified, shall inform each State of the extent to which the reserve Article 9 has been used up.

It shall inform the Member States, not later than At the Commission's request, Member States shall 5 October 1976, of the amount still in reserve after inform it of the imports actually charged against their shares . amounts have been returned thereto 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 notify the amount of that balance Member States and the Commission shall cooperate to the Member State making the last drawing. closely to ensure that this Regulation is complied with.

Article 8 Article 11 1 . Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to This Regulation shall enter into force on Article 3 are opened in such a way that imports 1 January 1976.

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

Done at Luxembourg , 29 October 1975.

For the Council

The President

G. MARCORA