31978R1249

No L 155 /8 13 . 6 . 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1249/ 78 of 9 June 1978 allocating the Community quantitative export quotas for certain types of copper ash and residues and for certain types of copper, aluminium and lead waste and scrap

THE COMMISSION OF THE EUROPEAN which would allow all exporters an equal and contin­ COMMUNITIES, uous access to the quotas until they are used up ;

Having regard to the Treaty establishing the European Whereas since the Kingdom of Belgium, the Economic Community, Kingdom of the Netherlands and the Grand Duchy of Luxembourg are jointly represented by the Benelux Having regard to Council Regulation (EEC) No Economic Union any measure concerning the admin­ 1023/70 of 25 May 1970 establishing a common proce­ istration of the shares allocated to that economic dure for administering quantitative quotas ('), and in union may be carried out by any one of its members ; particular Article 2 thereof, Whereas the measures provided for in this Regulation Having regard to Council Regulation (EEC) No are in accordance with the opinion of the Quota 915/78 of 2 May 1978 fixing for 1978 Community Administration Committee, quantitative export quotas for certain types of copper ash and residues and for certain types of copper, alumi­ nium and lead waste and scrap (2), and in particular Article 2 thereof, HAS ADOPTED THIS REGULATION :

Whereas, in accordance with Article 2 of Regulation Article 1 (EEC) No 915/78 , the quotas are to be allocated according to estimated needs and with regard to the 1 . The Community quantitative export quotas export opportunities that already exist for the products opened by Regulation (EEC) No 915/78 for the period in question ; 1 January to 31 December 1978 shall be allocated Whereas it is necessary to provide for a more flexible among the Member States as follows without prejudice method of administering the Community reserve to Articles 1 (2) and 4 hereof :

CCT heading Description Quantity (tonnes) No

ex 26.03 Germany 7 700 Ash and residues of copper and copper alloys France 5 000 Italy 1 250 Benelux 1 150 United Kingdom 2 600 Denmark 1 300 Ireland — + Community reserve 2 000

ex 74.01 10 500 Waste and scrap of copper and copper alloys Germany France 7 800 Italy 1 400 Benelux 3 200 1 750 United Kingdom Denmark 450 Ireland 400 + Community reserve 1 500

(>) OJ No L 124, 8 . 6 . 1970, p. 1 . (2) OJ No L 119, 3 . 5. 1978 , p. 9 .

13 . 6 . 78 Official Journal of the European Communities No L 155/9

CCT heading Description Quantity (tonnes) No

76.01 B 1 800 Aluminium waste and scrap Germany France 1 025 Italy 690 Benelux 680 United Kingdom 880 Denmark 35 Ireland — -I- Community reserve 490

78.01 B 705 Lead waste and scrap Germany France 470 Italy 250 Benelux 140 United Kingdom 395 Denmark 60 Ireland — + Community reserve 230

2. The quantities exported on the basis of the that those fixed may not be used up. It shall inform quotas fixed for the first four months of 1978 by the Commission of its reasons for applying this para­ Council Regulation (EEC) No 2878 /77 of 20 graph . December 1977 (') and allocated by Commission Regulation (EEC) No 2886/77 of 23 December 1977 (2) shall be deducted from the above amounts. Article 3

Supplementary shares drawn pursuant to Article 2 Article 2 shall be valid until 31 December 1978 .

1 . If 90 % or more of a Member State's initial share as specified in Article 1 ( 1 ), or of that share minus the Article 4 portion returned to the reserve where Article 4 is applied, has been used up, that Member State shall , by Member States shall return to the reserve , not later notifying the Commission, draw a second share equal than 1 November 1978 , the unused portion of their to 15 % of its initial share, rounded up where neces­ initial share which , on 15 October 1978 , is in excess sary to the next unit, to the extent permitted by the of 60 % of the initial amount . They may return a amount of the reserve . larger quantity if there are reasons to believe that such quantity might not be used . 2. If, after its initial share has been used up, 90 % or more of the second share drawn by a Member State Member States shall , not later than 1 November 1978 , has been used up, that Member State shall, in accor­ notify the Commission of the total quantities of the dance with the conditions imposed by paragraph 1 , said goods exported up to and including 15 October draw a third share equal to 7-5 % of its initial share, 1978 and charged against the Community tariff quota rounded up where necessary to the next unit . and any quantities of the initial shares returned to the reserve . 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 accor­ Article 5 dance with the same conditions, draw a fourth share equal to the third . The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 1 This process shall continue to apply until the reserve and 2 and shall , as soon as it has been notified, inform is used up . each State of the extent to which the reserve has been used up. 4. By way of derogation from paragraphs 1 to 3 , a Member State may draw shares lower than those fixed It shall inform the Member States, not later than 5 in those paragraphs if there are grounds for believing November 1978 , of the amount still in reserve after (') OJ No L 332, 24. 12 . 1977, p . 10 . amounts have been returned thereto pursuant to Article 4 . (2 ) OJ No L 332, 24. 12 . 1977, p . 30 .

No L 155/ 10 Official Journal of the European Communities 13 . 6 . 78

It shall ensure that the drawing which uses up the presented to the customs authorities under cover of reserve is limited to the balance available and to this export authorizations or customs export documents . end shall specify the amount thereof to the Member 4. The extent to which a Member State has used up States making the last drawing. its share shall be determined on the basis of exports charged in accordance with paragraph 3 . Article 6

Article 7 1 . Member States shall take all measures necessary to ensure that supplementary shares drawn pursuant Member States shall notify the Commission of the to Article 2 are opened in such a way that exports information as set out in Article 8 of Regulation may be charged without interruption against their (EEC) No 1023/70 . accumulated shares in the Community tariff quota.

2. Member States shall ensure that exporters of the Article 8 said goods established in their territory have free access to the shares allocated to them . This Regulation shall enter into force on the third day following its publication in the Official Journal of 3. Member States shall charge exports of the said the European Communities. It shall apply until 31 December 1978 . goods against their shares as and when such goods are

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

Done at Brussels, 9 June 1978 .

For the Commission

Wilhelm HAFERKAMP Vice-President