CELEX: 31975R2879
Language: en
Date: 1975-10-29 00:00:00
Title: Regulation (EEC) No 2879/75 of the Council of 29 October 1975 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

12. 11 . 75                         Official Journal of the European Communities                           No L 292/9
                                REGULATION (EEC) No 2879/75 OF THE COUNCIL
                                                     of 29 October 1975
                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,                       the Member States and the second to form a reserve
                                                                 intended to cover any subsequent requirements of
                                                                 Member States which have used up their initial
  Having regard to the Treaty establishing the                   shares ; whereas, in order to ensure a certain degree
  European Economic Community, and in particular                 of security for importers, the first tranche should be
  Article 28 thereof;                                            set at 9 000 metric tons the remainder constituting
                                                                 the reserve ; whereas, on the basis of estimates taking
                                                                 account of market trends in unwrought zinc, the
  Having regard to the draft Regulation submitted by             first tranche may be allocated approximately
  the Commission ;                                               according to the following percentages :
                                                                         Benelux                            25-50
  Whereas under Protocol No           15 to the Act of
  Accession (1 ), the Community is required to open                      Denmark                             2-15
  each year a nil duty Community tariff quota for                        Germany                            41-15
  unwrought zinc, falling within subheading 79.01 A
  of the Common Customs Tariff, fixed at 30 000                          France                              1-28
  metric tons for 1971 , and decreasing' each year, except               Ireland                             1-42
  in 1974, until the quota is abolished on 31 December
  1977; whfereas the quota calculated on that basis                      Italy                              10-28
  amounts to 10 000 metric tons for 1976; whereas the                    United Kingdom                     18-22;
  Protocol also provides that the new Member States
  shall share in the tariff quota from 1 January 1974;          Whereas Member States may use up their , initial
  whereas the duties to be applied by these Member              shares at different rates ; whereas, to provide for this
  States within that tariff quota must comply with               eventuality and to avoid disruption of supplies, any
  the relevant provisions of the Act of Accession;              Member State which has almost used up its initial
  whereas the tariff quota in question should therefore         share should draw an additional share from           the
  be opened on 1 January 1976;                                  reserve ; whereas this should be done by each Member
                                                                State when each of its additional shares has been
  Whereas, in view of the minimal interpenetration of            almost used up, and so on      as many times as the
  the markets in unwrought zinc, it does not seem               reserve allows ; whereas the     initial and additional
  possible to base the allocation of the Community               shares should be valid until    the end of the quota
  tariff quota for the metal in question on previous            period; whereas this form of    administration requires
  data ; whereas the figure of 10 000 metric tons takes         close collaboration between Member States and the
  account of the need not to exceed          a   reasonable      Commission, which latter must, in particular, be able
  amount, thereby protecting Community production ;             to keep a record of the extent to which the quota
  whereas, to this end, only certain Member States'             has been used up and to inform the Member States
  estimates of their requirements for specific grades of         accordingly;
  zinc have been taken into account; whereas Member
  States should therefore be at liberty to authorize            Whereas if at a given date in the quota period, a
  only imports satisfying certain conditions as to grade        considerable quantity of a Member State's initial
7 and intended use to be charged against that quota ;           share remains unused, it is essential that that Member
                                                                State should return a significant proportion to the
                                                                reserve, so as to avoid a part of the Community
  Whereas, in order to take more precise account of             quota remaining unused in one Member State when
  future trends in imports of the product in question,           it could be used in others ;
  the quota of 10 000 metric tons should be divided
  into two tranches, the first to be allocated among
                                                                Whereas, since the Kingdom of Belgium, the Kingdom
                                                                of the Netherlands and the Grand Duchy of
  O OJ No L 73 , 27. 3. 1972, p. 172.                            Luxembourg are united within and jointly represented
 ---pagebreak--- No L 292/ 10                       Official Journal of the European Communities                            12. 11.75
by the Benelux Economic Union, any measure                    Article 5 has been applied, has been used up, that
concerning the administration of the shares allocated         Member State shall forthwith, by notifying the
to that Economic Union may be carried out by any              Commission, draw a second share, to the extent
one of its members,                                           that the reserve so permits, equal to 10% of its
                                                              initial share, rounded up as necessary to the next
                                                              whole number.
HAS ADOPTED THIS REGULATION :
                                                              2. If, after its initial share has been used up, 90%
                                                              ore more of the second share drawn by a Member
                                                              State has been used up, that Member State shall
                         Article 1                            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
1 . During the period 1 January to 31 December                next whole number.
1976, a Community tariff quota of 10 000 metric
tons shall be opened in the Community for
                                                              3 . If, after its second share has been used up, 90%
unwrought zinc falling within subheading 79.01 A of
the Common Customs Tariff.                                    or more of the third share drawn by a Member State
                                                              has been used up, that Member State shall forthwith,
                                                              in accordance with the same conditions, draw a
2. Imports of the product in question may not be              fourth share equal to the third.
charged against this tariff quota if they are already
free of customs duties under other preferential tariff        This procedure shall apply until the reserve is
arrangements .                                                exhausted.
3 . Within this tariff quota, the Common Customs              4. By way of derogation from paragraphs 1 , 2 and
Tariff duty shall be totally suspended.                       3 , Member States may draw lesser shares than those
                                                              specified therein if there are grounds for believing
4. Within this quota, the new Member States shall             that those specified may not be used in full. They
apply duties calculated in accordance with the                shall inform the Commission of their reasons for
relevant provisions of the Act of Accession.                  applying this paragraph.
                         Article 2                                                     Article 4
1 . A first tranche of 9 000 metric tons of the quota         Additional shares drawn pursuant to Article 3 shall
referred to in Article 1 shall be allocated among the         be valid until 31 December 1976.
Member States. Member States' shares which, subject
to Article 5, shall be valid from 1 January to
                                                                                       Article 5
31 December 1976, shall be as follows :
                                      in metrtc tons          Member States shall return to the reserve, not later
         Benelux                            2 295             than 1 October 1976, the unused portions of their
                                                              initial shares which, on 15 September 1976, are in
         Denmark                              194             excess of 20% of the initial amounts. They may
         Germany                            3 703             return a greater portion if there are grounds for
                                                              believing that such portion may not be used in full.
         France                               115
         Ireland                              128             Member States shall notify the Commission, not
         Italy                                925             later than 1 October 1976, of the total quantities
                                                              of the product in question imported up to and
        United Kingdom                      1 640.
                                                              including 15 September 1976 charged against the
                                                              Community quota and of any portion of their initial
2 . The second tranche of 1 000 metric tons shall             shares returned to the reserve.
 constitute the reserve.
                                                                                       Article 6
                         Article 3
                                                              Member States may restrict the unwrought zinc which
 1 . If 90% or more of a         Member State's    initial    may be charged against their quota shares to
share as fixed in Article 2 ( 1 ), or of that share           unwrought zinc of certain grades or to be used for
minus any portion returned to the reserve where               certain purposes.
 ---pagebreak--- 12. 11 . 75                       Official Journal of the European Communities                          No L 292/11
                       Article 7                             2. Member States shall ensure that importers of
                                                             the product in question established in their territory
The Commission shall keep an account of the shares           have free access to the shares allocated to them.
opened by the Member States pursuant to Articles 2
and 3 and, as soon as it has been notified, shall            3 . The extent to which a Member State has used
inform each State of the extent to which the reserve         up its share shall be determined on the basis of the
has been used up.                                            imports of the product in question entered with the
                                                             customs authorities for home use.
It shall inform the Member States, not later than
5 October 1976, of the amount still in reserve after                                Article 9
amounts have been returned thereto pursuant to
Article 5 .
                                                             At the Commission's request, Member States shall
                                                             inform it of the imports actually charged against
It shall ensure that the drawing which exhausts the          their shares .
reserve 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 10
                                                            Member States and the Commission shall cooperate
                       Article 8                             closely to ensure that this Regulation is complied
                                                             with .
1 . Member     States   shall  take   all   appropriate
measures to ensure that additional shares drawn                                     Article 11
pursuant to Article 3 are opened in such a way that
imports may be charged without interruption against          This    Regulation    shall   enter   into    force on
their aggregate shares of the Community quota.               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