31976R2714

15 . 11 . 76 Official Journal of the European Communities No L 313/ 1

I

(Acts tchose publication is obligatory)

COUNCIL REGULATION (EEC) No 2714/76 of 25 October 1976

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, 13 000 metric tons for 1977, should therefore be opened on 1 January 1977 ;

Having regard to the Treaty establislhiing the Whereas, in view of the minimal interpenetration of European Economic Community, and in particular the markets in unwrought lead otiher than bullion Article 28 thereof, lead and of the lack of complete statistics relating to this grade of metal, it does not seem possible to base the allocation of the Community tariff quota in Having regard to the draft Regulation submitted by question on previous data; whereas the figure of the Commission, 13 000 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 Whereas, under Protocol 14 to the Act of Ac­ of the foundry industry ; whereas Memlber States cession (*), the Community is required to open each should therefore be at liberty to authorize only im­ year, until the entry into force of a total suspension ports satisfying certain conditions as to grade and of the customs duty for an indefinite period, a tariff intended use to be charged against that quota ; quota for bullion lead (unwrought lead for refining, containing 0-02% or more by weight of silver) falling within subheading 78.01 A I; whereas this suspension Whereas, in order to take more precise account of from 1 January 1976 makes the opening of a tariff future trends in imports of the product in question, quota unnecessary for 1977; the quota should be divided into two tranches, the first to be allocated among all tfhe Member States and the second to form a reserve intended to cover Wihereas, in accordance with Che same Protocol, the Community is also required to open each year a nil any subsequent requirements of Member States which have used up their initial shares ; whereas, in order duty Community tariff quota for lead other than to ensure a certain degree of security for importers, bullion lead falling within subheading 78.01 A II, tlhe the first tranche should be set at 12 300 metric tons, amount of the quota to decrease annually from the remainder constituting the reserve; whereas, on 1 January 1975 by an amount fixed for 1974 at the basis of estimates taking account of market trends 55 000 metric tons to arrive at zero in 1978 ; whereas in this product, the initial shares may be allocated the Protocol also provides that the new Member as set out in Article 2 ; States are to share in those tariff quotas from 1 January 1974 ; wihereas the duties to be applied by the new Member States within tlhose tariff quotas must comply with the relevant provisions of the Act Whereas Member States may use up their initial of Accession ; whereas the Community tariff quota shares at different rates ; whereas, to provide for this laid down for this product, the amount of which is eventuality and to avoid disruption of supplies, any Member State whidh has almost used up its initial share should draw an additional share from the reserve; whereas this should be done by each Member (») OJ No L 73, 27. 3 . 1972, p. 171 . State when each of its additional shares has ibeen

No L 313 /2 Official Journal of the European Communities 15. 11 . 76

almost used up, and so on as many times as the Member States. Member States' shares which, subject reserve allows ; whereas the initial and additional to Article 5, shall be valid from 1 January to 31 De­ shares should be valid until the end of the quota cember 1977, shall be as fallows : period; whereas this form of administration requires close collaboration between Member States and the (metric tons) Commission, which latter must, in particular, be able Benelux 9 674 to keep a record of the extent to which che quota Denmark 53 has been used up and to inform the Member States Germany 888 accordingly ; France 21 Ireland 11 Whereas, if at a given date in the quota period a 888 Italy considerable quantity of a Member State's initial United Kingdom 765 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 quota remaining 2 . The second tranche of 700 metric tons shall unused in one Member State when it could be used constitute the reserve. in others ;

Article 3 Whereas, since che Kingdom of Belgium, the King­ dom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented 1 . If 90% or more of a Member State's initial share by the Benelux Economic Union, any measure as fixed in Article 2 ( 1 ), or of that share minus any concerning the administration of the shares allocated portion returned to the reserve where Article 5 has to that economic union may be carried out by any been applied, has been used up, that Member State one of its members, shall forthwith, by notifying the Commission, draw a second share, to the extent 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% or more of the second share drawn by a Member State Article 1 has been used up, that Member State shall, in the manner and to the extent provided in paragraph 1 . 1 . For the period 1 January to 31 December 1977, draw a third share equal to 5% of its initial sharq a Community tariff quota of 13 000 metric tons shall rounded up as necessary to the next whole number. be opened for unwrought lead other than bullion lead, falling within subheading 78.01 A II 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 has been used up, that Member State shall, in accord­ 2. Imports of the product in question may not be ance with the same conditions, draw a fourth share charged against this tariff quota if they are already equal to the third. 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 Common Customs Tariff duty shall be totally suspended. 4. By way of derogation from paragraphs 1 , 2 and 3 , Member States may draw lesser shares than those specified therein if there are grounds for believing 4. The new Mem'ber States shall apply duties that those specified may not be used in full. They calculated in accordance with the relevant provisions shall inform the Commission of their reasons for of the Act of Accession within tlhis quota. applying this paragraph.

Article2¶

1 . A first tranche of 12 300 metric tons of this Additional shares drawn pursuant to Article 3 shall Community tariff quota shall be allocated among the be valid until 31 December 1977.

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Article 5 this end, shall notify the amount of that balance to the Member State marking the last drawing. Member States shall return to the reserve, not later than 1 October 1977, the unused portions of their Article 8 initial shares which, on 15 September 1977, are in excess of 20% of the initial amounts. They may return a greater portion if there are grounds for 1 . Member States shall take all appropriate measures believing rhat such portion may not be used in full. to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may Member States shall notify the Commission , not later be charged without interruption against their aggre­ than 1 October 1977, of the total quantities of the gate shares of the Community quota. product in question imported up to and including 15 September 1977 and charged against the Com­ 2. Member States shall ensure that importers of the munity quota and of any portion of their initial product in question established in their territory have shares returned to tfhe reserve. free access to the shares allocated to them .

3 . The extent to whicfh a Member State has used up Article 6 its share shall be determined on the basis of the imports of the product in question entered with the Member States may restrict the product in question customs authorities for home use. which may be charged against their quota shares to lead of certain grades or lead to be used for certain purposes . Article 9

At the Commission's request, Memiber States shall Article 7 inform it of the imports actuaMy charged against their shares. The Commission shaJl 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 Article 10 inform each State of the extent to which the reserve has been used up. Member States and the Commission shall cooperate closely to ensure that this Regulation is complied It shall inform the Member States, not later than with . 5 October 1977, of the amount still in reserve after amounts have been returned thereto pursuant to Article 5 . Article 11

It shall ensure rhat the drawing Which exhausts the This Regulation shall enter into force on reserve does not exceed the balance available and, to 1 January 1977.

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

Done at Luxembourg, 25 October 1976.

For the Council The President

A.P.L.M.M. van der STEE