31975R2879

12 . 11 . 75 Official Journal of the European Communities No L 292/9

REGULATION (EEC) No 2879/75 OF THE COUNCIL of 29 October 1975

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 COMMUNITIES, the Member States and the second to form a reserve intended to cover any subsequent requirements of Member States which have used up their initial shares ; whereas, in order to ensure a certain degree Having regard to the Treaty establishing the of security for importers, the first tranche should be European Economic Community, and in particular Article 28 thereof; set at 9 000 metric tons the remainder constituting the reserve ; whereas, on the basis of estimates taking account of market trends in unwrought zinc, the Having regard to the draft Regulation submitted by first tranche may be allocated approximately the Commission ; according to the following percentages :

Benelux 25-50 Whereas under Protocol No 15 to the Act of Denmark 2-15 Accession (1 ), the Community is required to open each year a nil duty Community tariff quota for 41-15 Germany unwrought zinc, falling within subheading 79.01 A France 1-28 of the Common Customs Tariff, fixed at 30 000 metric tons for 1971 , and decreasing' each year, except Ireland 1-42 in 1974, until the quota is abolished on 31 December Italy 10-28 1977; whfereas the quota calculated on that basis amounts to 10 000 metric tons for 1976; whereas the United Kingdom 18-22 ; Protocol also provides that the new Member States shall share in the tariff quota from 1 January 1974; Whereas Member States may use up their , initial whereas the duties to be applied by these Member shares at different rates ; whereas, to provide for this States within that tariff quota must comply with eventuality and to avoid disruption of supplies, any the relevant provisions of the Act of Accession; Member State which has almost used up its initial whereas the tariff quota in question should therefore share should draw an additional share from the be opened on 1 January 1976; reserve ; whereas this should be done by each Member State when each of its additional shares has been Whereas, in view of the minimal interpenetration of almost used up, and so on as many times as the the markets in unwrought zinc, it does not seem reserve allows ; whereas the initial and additional possible to base the allocation of the Community shares should be valid until the end of the quota tariff quota for the metal in question on previous period; whereas this form of administration requires close collaboration between Member States and the data ; whereas the figure of 10 000 metric tons takes account of the need not to exceed a reasonable Commission, which latter must, in particular, be able amount, thereby protecting Community production ; to keep a record of the extent to which the quota whereas, to this end, only certain Member States' has been used up and to inform the Member States estimates of their requirements for specific grades of accordingly; zinc have been taken into account; whereas Member States should therefore be at liberty to authorize Whereas if at a given date in the quota period, a only imports satisfying certain conditions as to grade considerable quantity of a Member State's initial 7 and intended use to be charged against that quota ; share remains unused, it is essential that that Member State should return a significant proportion to the reserve, so as to avoid a part of the Community Whereas, in order to take more precise account of quota remaining unused in one Member State when future trends in imports of the product in question, it could be used in others ; the quota of 10 000 metric tons should be divided into two tranches, the first to be allocated among Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of O OJ No L 73 , 27. 3 . 1972, p. 172. Luxembourg are united within and jointly represented

No L 292/ 10 Official Journal of the European Communities 12. 11.75

by the Benelux Economic Union, any measure Article 5 has been applied, has been used up, that concerning the administration of the shares allocated Member State shall forthwith, by notifying the to that Economic Union may be carried out by any Commission, draw a second share, to the extent one of its members , that the reserve so permits, equal to 10% of its initial share, rounded up as necessary to the next whole number.

HAS ADOPTED THIS REGULATION : 2. If, after its initial share has been used up, 90% ore more of the second share drawn by a Member State has been used up, that Member State shall forthwith, in the manner and to the extent provided Article 1 in paragraph 1 , draw a third share equal to 5% of its initial share, rounded up as necessary to the 1 . During the period 1 January to 31 December next whole number. 1976, a Community tariff quota of 10 000 metric tons shall be opened in the Community for 3 . If, after its second share has been used up, 90% unwrought zinc falling within subheading 79.01 A of or more of the third share drawn by a Member State the Common Customs Tariff. has been used up, that Member State shall forthwith, in accordance with the same conditions, draw a 2. Imports of the product in question may not be fourth share equal to the third. charged against this tariff quota if they are already free of customs duties under other preferential tariff This procedure shall apply until the reserve is arrangements . exhausted.

3 . Within this tariff quota, the Common Customs 4. By way of derogation from paragraphs 1 , 2 and Tariff duty shall be totally suspended. 3 , Member States may draw lesser shares than those specified therein if there are grounds for believing 4. Within this quota, the new Member States shall that those specified may not be used in full. They apply duties calculated in accordance with the shall inform the Commission of their reasons for relevant provisions of the Act of Accession. applying this paragraph.

Article4¶

1 . A first tranche of 9 000 metric tons of the quota Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1976. referred to in Article 1 shall be allocated among the Member States. Member States' shares which, subject to Article 5, shall be valid from 1 January to Article 5 31 December 1976, shall be as follows :

in metrtc tons Member States shall return to the reserve, not later than 1 October 1976, the unused portions of their Benelux 2 295 initial shares which, on 15 September 1976, are in Denmark 194 excess of 20% of the initial amounts. They may 3 703 return a greater portion if there are grounds for Germany believing that such portion may not be used in full. France 115 Ireland 128 Member States shall notify the Commission, not Italy 925 later than 1 October 1976, of the total quantities of the product in question imported up to and United Kingdom 1 640 . including 15 September 1976 charged against the Community quota and of any portion of their initial 2 . The second tranche of 1 000 metric tons shall shares returned to the reserve. constitute the reserve.

Article 6 Article 3 Member States may restrict the unwrought zinc which 1 . If 90% or more of a Member State's initial may be charged against their quota shares to share as fixed in Article 2 ( 1 ), or of that share unwrought zinc of certain grades or to be used for minus any portion returned to the reserve where certain purposes .

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Article 7 2. Member States shall ensure that importers of the product in question established in their territory have free access to the shares allocated to them. The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 and, as soon as it has been notified, shall 3 . The extent to which a Member State has used inform each State of the extent to which the reserve up its share shall be determined on the basis of the has been used up. imports of the product in question entered with the customs authorities for home use. It shall inform the Member States, not later than 5 October 1976, of the amount still in reserve after Article 9 amounts have been returned thereto pursuant to Article 5 . At the Commission's request, Member States shall inform it of the imports actually charged against It shall ensure that the drawing which exhausts the their shares . reserve does not exceed the balance available and, to this end, shall notify the amount of that balance Article 10 to the Member State making the last drawing.

Member States and the Commission shall cooperate closely to ensure that this Regulation is complied Article 8 with .

1 . Member States shall take all appropriate measures to ensure that additional shares drawn Article 11 pursuant to Article 3 are opened in such a way that imports may be charged without interruption against This Regulation shall enter into force on their aggregate shares of the Community quota. 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