CELEX: 31975R2878
Language: en
Date: 1975-10-29 00:00:00
Title: Regulation (EEC) No 2878/75 of the Council of 29 October 1975 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

No L 292/6                            Official Journal of the European Communities                              12. 11 . 75
                              REGULATION (EEC) No 2878/75 OF THE COUNCIL
                                                    of 29 October 1975
              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 ,                         in question on previous data ; whereas the figure of
                                                                  27 000 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
 Having regard to the Treaty establishing the                     of the foundry industry; whereas Member States
 European Economic Community, and in particular                   should therefore be at liberty to authorize only
 Article 28 thereof;                                              imports satisfying certain conditions as to grade
                                                                   and intended use to be charged against that quota ;
 Having regard to the draft Regulation submitted by
 the Commission ;                                                 Whereas, in order to take more precise account of
                                                                  future trends in imports of the product in question,
                                                                  the quota should be divided into two tranches, the
Whereas, under Protocol No 14 to the Act of                       first to be allocated among all the Member States
Accession (x), the Community is required to open                  and the second to form a reserve intended to cover
 each year, until the entry into force of a total                 any subsequent requirements of Member States which
 suspension of the customs duty for an indefinite                 have used up their initial shares ; whereas, in order
period, a tariff quota for bullion lead (unwrought                to ensure a certain degree of security for importers,
lead for refining, containing 0-02% or more by                    the first tranche should be set at 25 500 metric tons,
weight of silver) falling within subheading 78.01 A I;            the remainder constituting the reserve ; whereas, on
whereas this suspension from 1 January 1976 makes                 the basis of estimates taking account of market trends
the opening of a tariff quota unnecessary for 1976 ;              in this product, the initial shares may be allocated
                                                                  as set out in Article 2 ;
Whereas, in accordance with the same Protocol, the
Community is also required to open each year a nil
                                                                  Whereas Member States may use up their initial
duty Community tariff quota for lead other than
                                                                  shares at different rates ; whereas, to provide for
bullion lead falling within subheading 78.01 A II,
                                                                  this eventuality and to avoid disruption of supplies,
the amount of the quota to decrease annually from
                                                                  any Member State which has almost used up its
1 January 1975 by an amount fixed for 1974 at                     initial share should draw an additional share from
55 000 metric tons to arrive at zero in 1978 ; whereas
                                                                  the reserve ; whereas this should be done by each
the Protocol also provides that the new Member                    Member State when each of its additional shares has
States are to share in those tariff quotas from
                                                                  been almost used up," and so on as many times as
1 January 1974; whereas the duties to be applied                  the reserve allows ; whereas the initial and additional
by the new Member States within those tariff quotas
                                                                  shares should be valid until the end of the quota
must comply with the relevant provisions of the
Act of Accession ; whereas the Community tariff                   period ; whereas this form of administration requires
                                                                  close collaboration between Member States and the
quota laid down for this product, the amount of
which is 27 000 metric tons for 1976, should therefore            Commission, which latter must, in particular, be
                                                                  able to keep a record of the extent to which the
be opened on 1 January 1976;
                                                                  quota has been used up and to inform the Member
                                                                  States accordingly;
Whereas, in view of the minimal interpenetration of
the markets in unwrought lead other than bullion
lead and of the lack of complete statistics relating              Whereas if, at a given date in the quota period,
to this grade of metal, it does not seem possible                 a considerable quantity of a Member State's initial
                                                                  share remains unused, it is essential that that Mem­
to base the allocation of the Community tariff quota
                                                                  ber State should return a significant proportion to
                                                                  the reserve, so as to avoid a part of the quota
                                                                  remaining unused in one Member State when it
0 OJ No L 73 , 27. 3 . 1972, p. 171 .                             could be used in others ;
 ---pagebreak--- 12. 11 . 75                        Official Journal of the European Communities                          No L 292/7
Whereas, since the Kingdom of Belgium, the                     any portion returned to the reserve where Article 5
Kingdom of the Netherlands and the Grand Duchy                has been applied, has been used up, that Member
of Luxembourg are united within, and jointly                  State shall forthwith, by notifying the Commission,
represented by the Benelux Economic Union, any                draw a second share, to the extent that the reserve
measure concerning the administration of the shares           so permits, equal to 10% of its initial share, rounded
allocated to that Economic Union may be carried               up as necessary to the next whole number.
out by any one of its members,
                                                              2. If, after its initial share has been used up, 90%
HAS ADOPTED THIS REGULATION :                                 or more of the second share drawn by a Member
                                                              State has been used up, that Member State shall, in
                                                              the manner and to the extent provided in paragraph
                        Article 1                             1 , draw a third share equal to 5% of its initial share,
                                                              rounded up as necessary to the next whole number.
1 . For the period 1 January to 31 December 1976,
a Community tariff quota of 27 000 metric tons shall
be opened for unwrought lead other than bullion               3 . If, after its second share has been used up, 90%
lead, falling within subheading 78.01 A II of the Com­        or more of the third share drawn by a Member
mon Customs Tariff.                                           State has been used up, that Member State shall, in
                                                              accordance with the same conditions, draw a fourth
2. Imports of the product in question may not be              share equal to the third.
charged against this tariff quota if they are already
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 Cortimon Customs
Tariff duty shall be totally suspended.
                                                              4. By way of derogation from paragraphs 1 , 2 and 3 ,
4. The new Member States shall apply duties                   Member States may draw lesser shares than those
calculated in accordance with the relevant provisions         specified therein if there are grounds for believing
of the Act of Accession within this quota.                    that those specified may not be used in full. They
                                                              shall inform the Commission of their reasons for
                                                               applying this paragraph.
                        Article 2
1 . A first tranche of 25 500 metric tons of this
Community tariff quota shall be allocated among                                        Article 4
the Member States. Member States' shares which,
subject to Article 5 , shall be valid from 1 January
to 31 December 1976, shall be as follows :                    Additional shares drawn pursuant to Article 3 shall
                                                              be valid until 31 December 1976 .
                                      in metric tons
         Benelux                           12 100
         Denmark                              271
                                                                                       Article 5
         Germany                            4 529
         France                               112
                                                              Member States shall return to the reserve, not later
         Ireland                               57             than 1 October 1976, the unused portions of their
         Italy                              4 529             initial shares which, on 15 September 1976, are in
                                                              excess of 20% of the initial amounts. They may
         United Kingdom                     3 902.            return a greater portion if there are grounds for
                                                              believing that such portion may not be used in full.
2. The second tranche of 1 500 metric tons shall
constitute the reserve.
                                                              Member States shall notify the Commission, not
                                                              later than 1 October 1976, of the total quantities of
                        Article 3                            the product in question imported up to and including
                                                              15 September 1976 and charged against the Com­
1 . If 90% or more of a Member State's initial share          munity quota and of any portion of their initial
as fixed in Article 2 ( 1 ), or of that share minus           shares returned to the reserve.
 ---pagebreak--- No L 292/8                       Official Journal of the European Communities                              12.11.75
                       Article 6                            may be charged without interruption against their
                                                            aggregate shares of the Community quota.
Member States may restrict the product in question
which may be charged against their quota shares             2. Member States shall ensure that importers of
to lead of certain grades or lead to be used for            the product in question established in their territory
certain purposes.                                           have free access to the shares allocated to them.
                       Article 7                            3 . The extent to which a Member State has used
                                                            up its share shall be determined on the basis of
The Commission shall keep an account of the shares          the imports of the product in question entered with
                                                            the customs authorities for home use.
opened by the Member States pursuant to Articles
2 and 3 and , as soon as it has been notified, shall
inform each State of the extent to which the reserve
has been used up.                                                                   Article 9
It shall inform the Member States, not later than           At the Commission's request, Member States shall
5 October 1976, of the amount still in reserve after        inform it of the imports actually charged against
amounts have been returned thereto pursuant to              their shares .
Article 5 .
                                                                                   Article 10
It shall ensure that the drawing which exhausts the
reserve does not exceed the balance available and,
to this end, shall notify the amount of that balance        Member States and the Commission shall cooperate
to the Member State making the last drawing.                closely to ensure that this Regulation is complied
                                                            with.
                       Article 8
                                                                                   Article 11
1 . Member States shall take all appropriate measures
to ensure that additional shares drawn pursuant to          This    Regulation    shall    enter   into   force  on
Article 3 are opened in such a way that imports              1 January 1976.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Luxembourg , 29 October 1975.
                                                                               For the Council
                                                                                The President
                                                                                G. MARCORA