CELEX: 51975PC0331
Language: en
Date: 1975-07-03
Title: DRAFT REGULATION (CEE) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for unwrought lead, other than bullion lead, falling within subheading No 78. 01 A II of the Common Customs Tariff#DRAFT REGULATION (CEE) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for unwrought zinc falling within subheading No 79.01 A of the Common Customs Tariff (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 331
Vol. 1975/0129
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(75)331 final
                                                          Brussels , 3 July 1975
                                      DRAFT
                         REGULATION ( OS^) OF THE COUNCIL
on the opening , allocation and administration of a Community tariff quota
          for unwrought load, other than "bullion lead , falling within
                        subheading No 78 . 01 A II of the
                            Common Customs Tariff
                                      DRAFT
                         REGULATION (CES) OP THE COUNCIL
on the opening , allocation and administration of a Community tariff quota
        for unwrought zinc falling within subheading No 79.01 A of the
                             Common Customs Tariff
                  (submitted to the Council by the Commission)
CO::(75 ) Kin 331 final
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
  1.     At the negotiations with the countries which had applied for
        'accession to the Communities , an overall solution was arrived at
         concerning lead and zinc .     That solution , which entails the
                                                I
         renunciation by Member States of rights enjoyed under Protocol
         No XV on list G , is embodied in Protocols Nos 14 and 15 to the
         Act of Accession .   It may be summarized as follows :
  Bullion lead
  ( a) the subdivision of this metal in the Common Customs Tariff by the
         creation of a new subheading within heading No 78.01 ;
  ( b ) the conversion of the              specific duty of 1.32 u.a. /lOO kg
         into an ad valorem duty of k.5% ;
. ( c ) to cover the period until the entry into force of a total suspension
         of the duty for an indefinite period , a nil dutj^ Community tariff
         quota to be opened , of an amount equal to the total of requests ,
        received from Member States , together with a reserve , both to be
        subject to the system of prior allocation ;
  ( d)' the new Member States to sharo in the tariff quota from
        1 January 1974 ?                 '
 fe) -the duty to be suspended at a level of 2$ from 1 Jarriary 1975 ?
 (f) from 1973? the possibility of a total suspension of the duty for
         an, indefinite period to "be reviewed annually ;
 UniirrouRht lead other than bullion lead
  ( a) the conversion as soon as possible and by 1 January 197^ at the
        latest of the present specific duty of 1.32 u.a. /lOO kg into an
                                                             ,i
        ad valorem duty of k.5%„ with, a minimum , charge of 1.1 u.a. /lOO kg ;
 •( b ) the new Member States to share in the 55 000 metric ton . nil duty
        Community tariff quota from 1 January 197^5
                                                                         ./
 ---pagebreak---                                                     2
      ( c ) the reduction from 1 January 1975 of the amount of the quota ,
            which will bo abolished by : 31 December 1977 ;
     ( d) an examiriati6n of the situation , before the quota is abolished ,
            with a view to deciding on a ;possible reduction of the duty ( with
            a minimum charge of 1.1 u.a.AOO kg) , it being understood that ,
            whatever the action taken t protection of the Community smelting
            industry must continue :      -y
     unwrought zinc         • ..        ,
     ( a) the conversion from 1 January 197^ of the specific duty of
   i        1.32 u.a./lOO kg into a duty of kvjft with a minimum charge of
          ; 1.1 u.a. /lOO kg ;             . vi .. y.
     (b ) the new Member States to share from that date in the nil duty
                   >                 'ί
            tariff quota which , fixed at 30 000 metric tons in 1971 , will be
            reduced each year , except in 197^, and will be abolished with
       •    effect from 31 December 1977 *            '
2.    At the GATT multilateral negotiations during 1974 , it was decided to reduce
                  c              , 1
     to 0 % the common customs tariff duty applicable to bullion lead . The basic
      duties at 1 January 1972 applicable in the new Member States to the product
      in question were at a rate of 0 %, the progressive alignment to be carried out
      in application of Article 39 of the Act of Accession leads automatically to a
     nil duty in these Member States in 1976 •                   "
      The opening of a tariff quota with suspension of duty is np longer applicable
      from 1 January 1976 . The proposals for Regulations annexed hereto thus refer only to
     two products viz : unwrought lead other than bullion lead.i and unwrought zinc .
                                                                                  ./
 ---pagebreak---                                          3
    She Commission notes that , ,$u. though the Community a&turo of the
    quotas opened was insufficiently marked , the system adopted for
    the years 1971 to 1975 constituted the only means possible of
    progressing from the purely national arrangements towards a '
    Community solution . This is why the draft' Regulations annexed
    hereto , concerning " the quotas' to be opened for 1976 , are' very
    largely based on those for the preceding years as regards the
    conditions on which the quotas' are opened', their allocation and
    uniform method of administration .        '
Furthermore , these draft Regulations take account of the opinion
jointly expressed by the experts that the Member States should be at
liberty to restrict the unwrought lead other than, bullion lead and the
zinc to be charged against the quotas to lead and zinc of certain
qualities or lead and zinc to be Used for certain' purposes .
 ---pagebreak---                                                            ANNEX A
                                       Draft
                  •   REGULATION ( EEC ) 1 . > ' OF THE COUNCIL
         1 on the opening , allocation and administration of a
           Coramimity tariff quota for             unwrought lead other
           than bullion lead , falling within subheading No 78.01
           A II       of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , - and in particular Article 28 thereof ;
Having regard to the draft Regulation submitted by the Commission :
                                                         r              ■'
Whereas Protocol 1^       to the Act of Accession provides that the
Community is to open each year nil duty Community tariff quotas" for
bullion lead ( for refining , containing 0.02% or more by weight of
silver) falling within subheading No 78.01 A I until the entry into
force of a total suspension of the customs duty for an indefinite
period and for lead other than bullion lead falling within subheading
No 78.01 A II , the amount of tho quota to correspond , in the case of
bullion lead , to the total amount in respect of which requests have .
                    \
been received by Member States , plus a Community reserve and , in the
case of unwrought lead other than bullion lead , to decrease annually
from 1 January 1975 by an amount fixed for 197^ at 55 000 metric tons
                                                                      •
to zero in 1978 ; whereas the Protocol also provides that the new
Member,. States are to share in the tariff quotas from 1 January 197^;
X0J N.o L 73 ,. 27 March 1972 , p. 171 .
 ---pagebreak---   whereas the duties to be applied by the new Member States in respect
  of imports coning within those tariff quotas must bo in accordance .
  with the provisions laid down therefor in the Act of Accession";
  whereas the total suspension for an indefinite period "of the common customs' '
  tariff duties, from 1 January 1976 for unwrought lead, makes the opening of
  a quota tariff unnecessary for this product ; whereas it is thus necessary to
  open, on 1 January 1976, a Community tariff quota laid down for unwrought lead
  other than bullion lead, of which the volume for 1976 is 27 000 tonnes *
Whereas , in view of the fact that interpenetration between the market
 in                     'in unwrought lead other than bullion lead is
slight and th&t full statistics relating to this                  quality   of
lead are lacking , 'it does not seem possible to base the allocation
of the Community tariff quotas in question on earlier data ; whereas
the figure of 27 000 metric tons •
      /;       . takes account of the need to preserve a certain balance
among the various products which couid be charged against the tariff
quota                                            thereby maintaining protection
of the smelting industry ; / whereas Member States should therefore
be at liberty to authorize only products satisfying certain
conditions as to quality and intended use to be charged against that ,
quota of 27 000 metric tons ;           -    •
Whereas , in order to' make'' greater allowance for changes in import-
trends in respect of- the product in question , the quota '
                t \            - should bo divided into two tranches , ' the
first to be allocated among the Member States , the second to form a r
reserve intended to cover any subsequent requirements of Member                     <     ;
States which exhaust their initial shares ; whereas , in order to ,
ensure a certain degree of security for importers , the initial               . .
tranche :■ should be set '"at 1           ~'r~" " ""                                  ■ '■
         -• 25 500' " metric' tons', -'                                                     ,
                        the remainder constituting the reserve ;        whereas ,
having regard to estimates taking account of market trends in these               J
products , the first tranches may be allocated as follows :
 ---pagebreak---                                                            ΛΝΝΕΧ Δ
                                                                 metric tons
                                                      unwrought load , other
                                       r.             than bullion lead
Bénélux                                                       12 100
Denmark                                                          271
Germany                                                        4 529
France                                                           112
Ireland                                                            57
Italy                                                          4 5 29
United Kingdom                                                 3 902 ;
Whereas Member States may exhaust their initial shares at different
rates ;    whereas' to avoid disruption of supplies on this account it
should be provided that any Member State which has almost used up
             its initial share     should draw an additional share from
the reservo ;     whereas each time one of its additional shares is almost
exhausted a Member State should draw a further share , and so on as
many times as the reserve allows ;        whereas the initial and additional
shares should be valid until the end of the quota period ; whereas
this form of' administration requires close collaboration between the
Member States and the Commission , and the Commission must be in a
position to keep account of the extent to which, the quota has been
used up and to inform the Member States accordingly ;
Whereas if at a' given date' in the quota period a considerable quantity
of one or other of a Member State 's initial share        remains unused it
is essential , to prevent a part of                '   of the quota from
remaining unused in one Mfember State while it could be used in others ,
that such State should return a significant proportion thereof to the
reserve ;.         '       • Av ,-
 ---pagebreak---                                         -4-
                                                                 ΑΝ!·!ϋ!Χ Α
 Whereas , since the Kingdom of Belgium, the Kingdom of the Netherlands and
the C-rand Duchy of Luxembourg are united within and jointly represented "by
the Benelux Economic Union, any transaction in respect of the administration
 of the shares allocated to that Economio Union may be carried out by any
 one of its members :
HAS ADOPTED THIS REGULATION *
                                  Article 1
 1.   There shall be 'opened within the Community for the period 1 Jcjauary
      to 31 December 197 6   a Community tariff quota of 27 000 tonnes in
      respect of unwr ought lead other than bullion lead falling v:ithin
      the heading 78.01 A II of the Common Customs Tariff .
2.   Where the product    in question are already imported duty-iree under
     other preferential tariff arrangements , such imports shall not be
      counted against this tariff quota .
3.   The   Common Customs Tariff duty shall' be totally suspended in       respect of
     importations under the above quota • '
4*   New Member States shall apply, in respect of importations within this
     quota , duties calculated in accordance with the relevant provisions
     of the &ct of Accession.
                                  Article 2
1«   The first tranche of 25 500 tonnes of this Community tariff quota
                                                       shall be allocated among
     the Member States .    The shares , which subject to Artiole 5 shall be
    be valid from 1 January to 31 December 1976 , shall be allocated as
    follows ;
 ---pagebreak---                                       -5-
                                                             АNÂ°ЕХ_ А
     Bénélux                      12 100 met rie tons
     Denmark                         271 met rie tons
     Germany                       4 529 me cric tons
     France                          112 met rie tons
     Ireland                          57 met ne tons
     I-caly                        4 529 met ne tons
     United Kingdom                3 902 met ne tons
2.   The second tranche of a quantity of 1 5 00 tonnes
                    shall constitute Community reserve .
                                  Article ^
10   As soon as a Member State has used $0% or mora           of its initial
     share as fixed in Article. 2(l ), or of" that share minus any portion
     returned to the            reserve pursuant to Article 5 ?    shall forth­
     with, by notifying the Commission, draw a second share , to the extent
     that the reserve so permits , equal to 10/o of its initial share rounded
     up as necessary to the next whole number.
2.   As soon as a Member State , after exhausting         its initial share ,
     has used SQfo or more of the seoond share drawn by it , that Member State
     shall forthwith, . in the manner and to the extent provided in paragraph 1
     draw a third share equal to 5$ of its initial share rounded up as
     necessary to the next whole number*.     , v :
3.   As soon as a Member State , .after exhausting        its second share ,
     has used 90/S or more of the third share drawn by it , that Member State
     shall , in the manner and to the extent provided in paragraph 1 , draw a
     fourth share equ^l to the third.
     It shall continue in this fashion until the reserve is exhausted.
4.   By way of derogation from paragraphs 1 , 2 and 3 ? a Member State may .
     draw shares lower than those specified in those paragraphs if there are
     grounds for believing that those specified may not be used in full .
     Any Member State applying this paragraph shall inform the Commission
     of its grounds for so doing.
                                  Article A
Additional shares drawn pursuant to Article 3 shall be valid until
31 ВесетЪег 197°»
                                                                         /.
 ---pagebreak---  llember States shall , not later than 1 October 197° » return to the reserve
 the -unused part of its initial share which on 15 September 1976 is in
 excess of 20 $ of the initial amount . They may return a greater portion
 if there are grounds for "believing that such portion may not "be used in
 full .
Kember States shall, not later than 1 October '*>7-5 , notify the
 Commission of the total quantities of the products in question imported
up to and including 15 September. 1976 and charged against the Ccrjr.unity
quota and of any portion of their initial share        returned to the reserve .
                                   Article 6
Member States may restrict the product in question v:hich
may be charged against their quota shares to lead of certain qualities
or lead to be used for certain purposes .
The Commission shall keep an account - of the shares opened by the kembor
States pursuant to Artiole's 2 and 3 and shall, as socn za the iiifor^ation
reaches it , inform each State of the extent uo which the reserve has been
used up .
It shall; not later than 5 October        197^,. inform the Member States of
the amount still in reserve following, any return of share       pursuant to
Article 5 «
It shall ensure that any drawing which exhausts the reserve is limited
to the balance available and, to t, his end, shall specify the amount
thereof to the Kember State making . the last drawing.
                                   Article 8
1,      Every Memb-jr State' shall take all appropriate measures to ensure
        that additional shares drawn pursuant to. Artiole 3 are opened in
        such a way that importations may be( charged without interruption
        against its accumulated share of the Community quota.
 ---pagebreak---                                                            AHKEX A
  2»   Every Member State shall ensure that importers of the products
       In question established in its territory have free access to the
       shares allocated to it .
 3.    The extent to whioh a Member State has used up its share shall be
       determined on the basis of the importations of the product in
       question entered with the oustoms authorities for home use .
                                Article 9
Every Member State shall , when requested by the Commission, not ify
 the importations charged against its share .           r
                                Article 10
The Member States and the Commission shall cooperate closely to ensure
that this Regulation is complied with.
                                Article 11
                                                      'I
This Regulation shall enter into force on 1 January WIS*
This Regulation shall be binding in its entirety and directly applicable
in all Member States .    ;
Done at Brussels .
                                               Por the Oouncil
                                               The President
 ---pagebreak---                                                               ΑΤΓΡ,Χ. Β
                                   БЕАРГ
              . REGULATION (EEC)            OP THE COTJNCIL
on the opening^ allocation and administration of a Community tariff
quota for unwrought zino falling within subheading Ho 79*01 A of the
Common Customs Tariff
THE COUNCIL OP THE EUROPEAN OOMIMITIES, /
Having regard to the Treaty establishing the European Economic Community^
and in particular Article 28 thereof ;
         •- y     •.■   . t "
Having regard to the draft Regulation submitted "by the Commission :
                      1
Whereas Protocol 15      to the Act of Accession provided that the Community
is to open each year a nil duty Community tariff quota for sine falling
within subheading No 79.01 A, the amount of which quota., fixed at
30 000 metric tons for 197       is to decrease annually, except in 1974*
and be abolished on 31 Deoember 1977 » ' whereas the quota calculated
on that basis amounts to 10 000 metric tons for 1976 ;      whereas the
Protocol also provides that the new Member States are to share in the
10J No L 73, 27 March 1972, p.~ 172.*
 ---pagebreak---  tariff quota from 1 January 1974 ;         whereas the duties to "be applied
 by the new Member States in respect of imports coning within those
 tariff quotas must "be in accordance with the provisions laid down
 therefor in the Act of Accession ;         whereas the Community tariff quota
 in question should therefore "be opened on 1 January 1976 ;
Whereas , in view of the fact that inter-p.- r.Gt ration "between the markets
 in unwrought zinc is slight , it does not see ;.; possible to base the
 allocation of the Community tariff quota in question on earlier data ;
whereas the figure of 10 000 metric tons takes account of the need
not to exceed a reasonable amount , thereby protecting Community
rvoductions ;     whereas for . the purpose of determining the size of'tne
quota/ "the' estimated requirements of Member States for specific
qualities of zinc have not been taken into account ;          whereas Member
States should therefore be at liberty to authorize any products
satisfying certain conditions as to quality and intended use to be
charged against that quota ;
Where as j in order to make greater allowance for changes in import trends
in respect of the products in question, the quota of 10 000 metric tons ■
should be divided into two tranches * the first to be allocated among
the Member States , the second to form a reserve intended to cover
any subsequent requirements of Member States which exhaust their initial
shares ;     whereas , in order to ensure a certain degree of security for
importers , the initial tranche should be set at 9 000 metrio tons , the
remainder constituting the reserve ;         whereas , having re gard to
estimates taking account of market trends in these products , the first . . .
tranche may be allocated approximately at the following percentages :
        Bénélux                      25 .5
        Denmark                       2 . 15
        Germany                     41.15
        France                        1.28
        Iraland                       1.42
        Italy                        10.28
        United Kingdom               18.22 :
Whereas Member States may exhaust their initial shares at different
rates :    whereas to avoid disruption of supplies on this account it
 ---pagebreak---                                                                       ΓΤΧ Β
      should "be provided that any Member State which has almost used up its
      initial share should draw an additional share from the reserve ;
      whereas each time its additional share is almost exhausted a Member
      State should draw a further share , and so on as cany tinea as
      the reserve allows ;     whereas the initial and additional shares
      should "be valid until the end of the quota period ;
     Whereas this form of administration requires close collaboration
     "between the Member States and .the Commission, and the Commission must
     be in a position to keep account of the extent to which the quota has
     been used up and to inform the Member States accordingly ;
     Whereas if at a given date in the quota period a considerable ruantity
     of a Member State J s initial share remains unused it is essential , to
    prevent a part of the quota from remaining unused in one Member State
     while it could be used in others , that such State should return a
     significant proportion thereof to the reserve ;
    Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands
     and the Grand Duchy of Luxembourg are united within and jointly
     represented by the Benelux Economic Union, any transaction in respect
     of the administration of the shares allocated to that Economic Union
    may be carried out by any one of its members ;
       HAS ADOPTED THIS REGULATION :
                                     Art iole_1
1 . There shall be opened within the Community for the period, 1 , January to
    31 December 1976, in respect of unwrought zinc falling within subheading
    No 79.01A of the Common Customs Tariff, a Community tariff qiiota of
     10 000 metric tons .              •
 2,    Where the product in question ia . already imported, duty free unde^ other
    preferential tariff arrangements ,        such imports shall not be counted
    against the tariff quota .
 3.    Th,® Common Customs Tariff duty 'shall be totally suspended in' respect of
     "importations under . .the above quct-a*    : ■  -
  4* New Member States shall apply, in respect of importations within the quota ,
      duties calculated in accordance with the relevant provisions of the Act
      of- Accession. ■
 ---pagebreak---                                          Article 2
   A first t ranche of              9 000 metric tons shall "be allocated among
  tlie Member States,.               Tha shares , which subject to Artiole 5
   sba.ll "be valid, from 1 Jjtnuary to 3 = Scomber 1975 * shall be
   as follows :
            Es no lux                   2 295    met no   "c ons
            lonmaric                      194    netric   tons
            Ge rmany                    3 703    metric tons
            France                        115    metric .to::.s
            Ireland.                      128    metric tons
            Italy                         925    metric tons
            United. Kingdom             1 640    met ne tons .
The second troche - of 1 000 tons ? shall' constitute the Cc^unity
                   » JWW -WCX^iif /              *
reserve .                                               '
                                         Article 3
  As soon as a Member State has used 90$ or more of its initial
  share as fixed in Article 2(1 ), or of that share minus ary
  portion returned to the reserve pursuant to Article 5 ?. it
  shall forthv;ithj; "by notifying the Commission, draw a second
  share , to the extent that the reserve so permits , equal to
  1 0fo of its initial share , rounded up as necessary to the
  next whole number.
  As soon as a Member State , after exhausting its initial share ,
  has . used. 90$ or. i^ore of the seoond share drawn "by it , that
 'Member-' St ate shall forthivith            in the manner ' and to the extent
  provided in paragraph 1 , draw a third share equal to 5$ of its
  initial share , rounded up as necessary to the next whole number.
  As soon as a Member State , after exhausting its second share ,
  has used' 90$ or more of the third share drawn by it , that
 Member State shall , in the* maimer and - to the-1 extent- provided
  in paragraph ; i', draw a fourth share equal' to the third. ■
 It shall continue in this fashion until the reserve is exhausted.
 ---pagebreak---                                 - 5 -
                                                                         АШЗл 3
 4.  • By way of derogation from paragraphs 1 , 2 and 3 ? a Member State
       may draw shares lower than those specified in those paragraphs
       if there are grounds for "believing that those speoified may
       not be used ^ in full . Any Member State applying this paragraph
       shall inform the Commission of its grounds for so doing.
                               Article 4
 Additional shares drawn pursuant to Article 3 shall be valid until
 31 December 1976 *
                               Article 5
Member States shall , not later than 1 October 1976 , return to the reserve
the unused part of its initial share which on 5 September 1976 is in excess
 of 20 io of the initial account . They may return a greater portion if there
 are grounds for believing that such portion may not.be used in full .
Member States shall , not later than              1 October 197 6> notify the
Commission of the - total quantities of the product in question imported
up to and including 15 September 197 6 and charged against the Community
quota and pf any portion of their; initial shares returned to the
reserve .                                                  : .
                               Article 6
                                                                )
Member States may restriot the unwrought zinc which may be charged
against, their quota shares to zinc of certain qualities - .or zino to
be used for certain purposes .                                          .      ,
                               Article 7
                                  m Ji !■ .1 u aa ^
The Commission shall keep an account of the shares opened by the '
Member States pursuant to. Articles 2 and 3 and shall, as soon as
the information reaches it . inform each             State of the extent to
                                                                 H
which the reserve has been used up.
 ---pagebreak---                                                               le ? : Y. b
 It shall , not later than 5 October     197 0 ^ 'inform the Member - States
 of the amount still in reserve following any return of shares pursuant
 to Article 5 »
 It shall ensure that - when an amount' e:chaust ir.g the reserve is drawn
the amount so drawn does not exceed the balance available , and to
this end shall notify the. amount of that balance to the Member State
making the last drawing.
                                Article 8
 1.    Every Member State shall take all appropriate measures to
       ensure that additional shares drawn pursuant to Article 3
       are opened in such a way that importations may be charged
       without interruption against its accumulated share of the
       Community quota*
2.     Every Member State shall ensure that importers of the product
       in question established in its territory have free access to
       the shares allocated to it .
3.     The extent to which a Member State has used up its share
       shall be determined "on the basis of the importations of the
       product in question entered with the customs authorities for
       home use .
                . „             Article 9
Every Member State    shall , when requested by the Commission , notify
the     importations charged against its share . '
                                Article  10
                                –J–
The Member ' States and the Commission shall co-operate closely to
ensure that this Regulation is oomplied with .
 ---pagebreak---                                                          да?х в
                                I
                            Article 11
This Regulation shall enter into force on 1 January 197° »
This Regulation shall "be "binding in its entirety and directly
applicable in all Member States .
Done at Brussels *
                                                  Por the Council
                                                  The President