CELEX: 31978R1249
Language: en
Date: 1978-06-09 00:00:00
Title: 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

No L 155/8                            Official Journal of the European Communities                              13 . 6 . 78
                                 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
Having regard to Council Regulation (EEC) No                       Luxembourg are jointly represented by the Benelux
 1023/70 of 25 May 1970 establishing a common proce­               Economic Union any measure concerning the admin­
                                                                   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,
Having regard to Council Regulation (EEC) No                       Whereas the measures provided for in this Regulation
915/78 of 2 May 1978 fixing for 1978 Community                     are in accordance with the opinion of the Quota
quantitative export quotas for certain types of copper             Administration Committee,
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
(EEC) No 915/78 , the quotas are to be allocated                                          Article 1
according to estimated needs and with regard to the
export opportunities that already exist for the products           1 . The Community quantitative export quotas
in question ;                                                      opened by Regulation (EEC) No 915/78 for the period
                                                                   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         Ash and residues of copper and copper alloys    Germany                    7 700
                                                                               France                     5 000
                                                                               Italy                      1 250
                                                                               Benelux                    1 150
                                                                               United Kingdom             2 600
                                                                               Denmark                    1 300
                                                                               Ireland                       —
                                                                               + Community reserve        2 000
              ex 74.01         Waste and scrap of copper and copper alloys     Germany                   10 500
                                                                               France                     7 800
                                                                               Italy                      1 400
                                                                               Benelux                    3 200
                                                                               United Kingdom             1 750
                                                                               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.
 ---pagebreak--- 13 . 6 . 78                             Official Journal of the European Communities                            No L 155/9
                       CCT
                      heading                       Description                         Quantity (tonnes)
                        No
                 76.01 B          Aluminium waste and scrap                    Germany                    1 800
                                                                               France                     1 025
                                                                               Italy                        690
                                                                               Benelux                      680
                                                                               United Kingdom               880
                                                                               Denmark                       35
                                                                               Ireland                       —
                                                                                -I- Community reserve       490
                 78.01 B           Lead waste and scrap                        Germany                      705
                                                                               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
This process shall continue to apply until the reserve             opened by the Member States pursuant to Articles 1
is used up.                                                        and 2 and shall, as soon as it has been notified, inform
                                                                   each State of the extent to which the reserve has been
4.      By way of derogation from paragraphs 1 to 3 , a            used up.
Member State may draw shares lower than those fixed
in those paragraphs if there are grounds for believing             It shall inform the Member States, not later than 5
                                                                   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
(2 ) OJ No L 332, 24. 12 . 1977, p . 30 .                          Article 4 .
 ---pagebreak--- 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
States making the last drawing.                              4. The extent to which a Member State has used up
                                                             its share shall be determined on the basis of exports
                        Article 6
                                                             charged in accordance with paragraph 3 .
1 . Member States shall take all measures necessary                                 Article 7
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
goods against their shares as and when such goods are        December 1978 .
              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