31976R2715

No L 313/4 Official Journal of the European Communities 15.11.76

COUNCIL REGULATION (EEC) No 2715/76

of 25 October 1976

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, Whereas, in order to take more precise account of future trends in imports of the product in question, the quota of 5 000 metric tons should be divided into two tranches, the first to be allocated among the Having regard to the Treaty establishing the Member States and the second to form a reserve European Economic Community, and in particular intended to cover any subsequent requirements of Article 28 thereof, Member States which have used up their initial shares ; whereas, in order to ensure a certain degree of security for importers, the first tranche should be set at 4 500 metric tons, the remainder constituting Having regard to the draft Regulation submitted by the Commission, the reserve ; whereas, on the basis of estimates taking account of market trends in unwrought zinc, the first tranche may be allocated approximately accord­ ing to the following percentages : Whereas under Protocol 15 to the Act of Ac­ cession ('), the Community is required to open each Benelux 25-50 year a nil duty Community tariff quota for unwrought zinc falling within subheading 79.01 A of Denmark 215 the Common Customs Tariff, fixed at 30 000 metric 4115 Germany tons for 1971 , and decreasing each year, except in France 1-28 1974, until the quota is abolished on 31 December 1977 ; whereas the quota calculated on that basis Ireland 1-42 amounts to 5 000 metric tons for 1977 ; whereas the Italy 10-28 Protocol also provides that the new Member States shall share in the tariff quota from 1 January 1974 ; United Kingdom 18-22 whereas the duties to be applied by these Member States within that tariff quota must comply with the relevant provisions of the Act of Accession ; whereas Whereas Member States may use up their initial the tariff quota in question should therefore be shares at different rates ; whereas, to provide for this opened on 1 January 1977 ; eventuality and to avoid disruption of supplies, any Member State which has almost used up its initial share should draw an additional share from the reserve ; whereas this should be done by each Member State Whereas, in view of the minimal interpenetration of when each of its additional share has been almost the markets in unwrought zinc, it does not seem used up, and so on as many times as the reserve possible to base the allocation of the Community allows ; whereas the initial and additional shares tariff quota for the metal in question on previous should be valid until the end of the quota period ; data ; whereas the figure of 5 000 metric tons takes whereas this form of administration, requires close account of the need not to exceed a reasonable collaboration between Member States and the Com­ amount, thereby protecting Community production ; mission, which latter must, in particular, be able to whereas, to this end, only certain Member States' keep a record of the extent to which the quota has estimates of their requirements for specific grades of been used up and to inform the Member States zinc have been taken into account ; whereas Member accordingly ; States should therefore be at liberty to authorize only imports satisfying certain conditions as to grade and intended use to be charged against that quota ; Whereas, if at a given date in the quota period a considerable quantity of a Member State's initial share remains unused , it is essential that that Mem­ ber State should return a significant proportion to (») OJ No L 73, 27. 3. 1972, p. 172. the reserve, so as to avoid a part of the Community

15 . 11.76 Official Journal of the European Communities No L 313 /5

quota remaining unused in one Member State when 2. The second tranche of 500 metric tons shall it could be used in others ; constitute the reserve.

Whereas, since the Kingdom of Belgium, the King­ dom of the Netherlands and the Grand Duchy of Article 3 Luxembourg are united within and jointly rep­ resented by the Benelux Economic Union, any 1 . If 90% or more of a Member State's initial share measure concerning the administration of the shares as fixed in Article 2 ( 1 ), or of that share minus any allocated to that economic union may "be carried out portion returned to the reserve where Article 5 has by any one of its members, been applied, has been used up, that Member State 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 HAS ADOPTED THIS REGULATION : up as necessary to the next whole number.

Article 1 2. If, after its initial share has been used up, 90% or more of the second share drawn by a Member State has been used up, that Member State shall forthwith, 1 . During the period 1 January to 31 December in the manner and to the extent provided in para­ 1977, a Community tariff quota of 5 000 metric tons shall be opened in the Community for unwrought graph 1 , draw a third share equal to 5% of its initial share, rounded up as necessary to che next zinc falling within subheading 79.01 A of the whole number. Common Customs Tariff.

3 . If, after its second share has been used up, 90% 2. Imports of the product in question may not be or more of the third share drawn by a Member State charged against this tariff quota if they are already has been used up, that Member State shall forthwith, free of customs duties under other preferential tariff in accordance with the same conditions, draw a arrangements . fourth share equal to the third.

3 . Within this tariff quota, the Common Customs This procedure shall apply until the reserve is Tariff duty shall be totally suspended . exhausted .

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

1 . A first tranche of 4 500 metric tons of the quota referred to in Article 1 shall be allocated among the Article 4 Member States. Member States' shares which, subject to Article 5, shall be valid from 1 January to 31 De­ Additional shares drawn pursuant to Article 3 shall cember 1977, shall be as follows : be valid until 31 December 1977.

(metric tons) Benelux 1 147 Article 5 Denmark 97 Germany 1 852 Member States shall return to the reserve, not later France 57 than 1 October 1977, the unused portions of their Ireland 64 initial shares which, on 15 September 1977, are in excess of 20% of the initial amounts. They may Italy 463 return a greater portion if there are grounds for United Kingdom 820 believing that such portion may not be used in full.

No L 313/6 Official Journal of the European Communities 15.11.76

Member States shall notify the Commission, not later Article 8 than 1 October 1977, of the total quantities of the product in question imported up to and including 1 . Member States shall take all appropriate measures 15 September 1977 charged against the Community to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may quota and of any portion of their initial shares returned to the reserve. be charged without interruption against their aggre­ gate shares of the Community quota.

Article 6 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. Member States may restrict the unwrought zinc which may be charged against their quota shares to 3 . The extent to which a Member State has used unwrought zinc of certain grades or to be used for certain purposes. up its share shall be determined on the basis of the imports of the product in question entered with the customs authorities for home use. Article 7 Article 9 The Commission shall keep an account of the shares opened by the Memiber States pursuant to Articles 2 At the Commission's request, Member States^ shall and 3 and, as soon as it has been notified, shall inform it of the imports actually charged against inform each State of the extent to which the reserve their shares . has been used up. Article 10 It shall inform the Member States, not later than 5 October 1977, of the amount still in reserve after Member States and the Commission shall cooperate amounts have been returned thereto pursuant to closely to ensure that this Regulation is complied Article 5 . with.

It shall ensure that the drawing which exhausts the Article 11 reserve does not exceed the balance available and, to this end, shall notify the amount of that balance to This Regulation shall enter into force on 1 January the Member State making the last drawing. 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