CELEX: 31973R3585
Language: en
Date: 1973-12-28 00:00:00
Title: Regulation (EEC) No 3585/73 of the Council of 28 December 1973 on the opening, allocation and administration of Community tariff quotas for bullion lead and unwrought lead other than bullion lead falling within subheading No 78.01 A I and A II of the Common Customs Tariff

No L 365 /22                      Official Journal of the European Communities                                31 . 12. 73
                             REGULATION (EEC) No 3585/73 OF THE COUNCIL
                                               of 28 December 1973
              on the opening, allocation and administration of Community tariff quotas for bullion
              lead and unwrought lead other than bullion lead falling within subheading No 78.01
                                   A I and A II of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                    been fixed at 304 300 metric tons for bullion lead and
                                                             at 55 000 metric tons for other unwrought lead;
                                                             whereas the latter amount takes account of the need
Having regard to the Treaty establishing the                 to maintain a reasonable balance of deductions from
European Economic Community, and in particular               the tariff quota for unwrought lead in general in
Article 28 thereof;                                          order to safeguard the foundry industry; whereas,
                                                             therefore, only the estimated requirements of some
                                                             Member States for certain grades of lead have been
Having regard to the draft Regulation submitted by           taken into account, whereas it is advisable to allow
the Commission ;                                             the aforementioned Member States the option of not
                                                             taking their share from these 55 000 metric tons if
Whereas, as regards unwrought lead, Community                certain conditions of grades and purpose have not
production is insufficient, and whereas producers            been met;
cannot therefore meet all of the requirements of
Community user industries ;                                  Whereas, to take account of future import trends for
                                                             the said goods, the quota volumes of both grades of
                                                             lead should be divided into two tranches, the first
Whereas it appears to be in the Community's interest         being allocated to the Member States and the second
to suspend, in the case of this metal, the application       being held as a reserve to cover at a later date the
of the autonomous Common Customs Tariff duties
                                                             requirements of Member States who have used up
for a year within given limits, and to distinguish           their initial shares; whereas, to give importers some
between bullion lead (unwrought lead containing              certainty, the first tranches shall be fixed at 277 180
0-02 % or more by weight of silver for refining) and         metric tons for bullion lead and 51 150 metric tons
unwrought lead other than bullion lead ;                     for other unwrought lead, the balances constituting
                                                             the reserves ; whereas, failing a sufficiently
                                                             representative reference period, the following initial
Whereas, under Article 39 of the Act of Accession the        percentage-shares may be adopted on the basis of
new Member States must on 1 January 1974 make                estimates which take account of the new situation :
the first move towards alignment of their national
tariffs on the Common Customs Tariff as regards the
said goods ; whereas, therefore, the' needs of those                                                       ( metric tons)
Member States for imports from third countries
should from that date onwards be covered by the                                             Bullion lead Other unwrought
                                                                                                                lead
tariff quota in question during the period thereof;
whereas these requirements may not include imports
to which some other preferential tariff treatment may        Benelux                          22 000         16 619
apply; whereas the duties to be applied by the new
                                                             Denmark                                50            911
Member States under the said quota must be in
conformity with the relevant provisions of the Act of        Germany                           60 000         11984
Accession ;                                                  France                                 50            333
                                                             Ireland                                80            230
Whereas, in view of the slight interpenetration of the       Italy                             40 000         11 984
markets in bullion lead and in other unwrought lead,
and of the lack of complete statistical data on these        United Kingdom                  155 000           9 089
two grades of the metal, it does not seem possible to
establish   the   volume   and    allocation   of  the
Community tariff quotas for the metal concerned on
the basis of previous data ; whereas, on the basis of        Whereas the initial shares may be used up fairly
estimates of requirements submitted by the Member            quickly; whereas, therefore, to avoid disruption of
States, the quota volumes to be opened for 1974 have         supplies, any Member State which has almost used
 ---pagebreak---  31 . 12. 73                           Official Journal of the European Communities                          No L 365 /23
 up one of its initial shares should draw a                       customs duties under other preferential tariff
 supplementary share from the appropriate reserve;                treatment applied by certain Member States in
 whereas this must be done by each Member State as                particular under the free trade agreements.
 each one of its supplementary shares is almost used
 up, and as many times as the reserve allows ; whereas
 the initial and supplementary shares must be valid               3 . Within these tariff quotas the Common
 until the end of the quota period ; whereas this form            Customs Tariff duties shall be totally suspended.
 of administration requires close collaboration
 between the Member States and the Commission, and
 the Commission must be in a position to follow the               4. Within these tariff quotas the new Member
 extent to which the quota volume has been used up                States shall apply duties calculated in accordance
 and inform the Member States thereof;                            with the relevant provisions of the Act of Accession.
Whereas if, at a given date in the quota period, a
 Member State has a considerable quantity of one of                                      Article 2
its initial shares left over, it is essential that it should
return a significant proportion thereof to the                    1.     Of these volumes, the first tranches of 277 180
 appropriate reserve, to prevent a part of one or other           metric tons in respect of bullion lead and 51 150
quota volumes from remaining unused in one                        metric tons in respect of other unwrought lead shall
Member State while it could be used in others ;                   be allocated among the Member States ; the respective
                                                                  shares of the Member States, which, subject to Article
                                                                  5 , shall be valid from 1 January to 31 December
Whereas since the Kingdom of Belgium, the Kingdom                 1974, shall be as follows :
of the Netherlands and the Grand Duchy of
Luxembourg are jointly represented by the Benelux
Economic Union any measures concerning the                        ( a) as regards unwrought lead containing 0-02 % or
administration     of   the   shares    allocated   to    that
                                                                        more by weight of silver' for refining (bullion
economic union may be carried out by one of its                         lead):
members,
                                                                       Benelux                 22 000 metric tons
                                                                       Denmark                     50 metric tons
HAS ADOPTED THIS REGULATION :
                                                                       Germany                 60 000 metric tons
                                                                       France                      50 metric tons
                          Article 1
                                                                       Ireland                     80 metric tons
1 . During the period from 1 January to 31 De­                         Italy                   40 000 metric tons
cember 1974 Community tariffs quotas shall be
opened in the Community for the following products                     United Kingdom         155 000 metric tons
within the following limits :
                                                                  (b ) as regards other unwrought lead :
                                                                       Benelux                 16 619 metric tons
  CCT heading             Description
                                                  Amount of
       No                                         the quota            Denmark                    911 metric tons
                                                                       Germany                 11 984 metric tons
   78.01 A I    Unwrought lead containing                              France                     333 metric tons
                0-02 % or more by weight
                of silver for refining (bull­     304 300              Ireland                    230 metric tons
                ion lead)                       metric tons
                                                                       Italy                   11 984 metric tons
   78.01 A II   Other unwrought lead               55 000
                                                metric tons            United Kingdom           9 089 metric tons
                                                                 2.      The second tranches, of 27 120 metric tons and
2. Imports of the said goods may not be counted                  3 850 metric tons respectively, shall constitute the
under these tariff quotas if they are already free of            Community reserves .
 ---pagebreak--- No L 365 /24                        Official Journal of the European Communities                             31 . 12. 73
                        Article 3                              any quantities of their initial shares returned to the
                                                               reserves .
1.     If 90 % or more of one of a Member State's
initial shares as specified in Article 2 (1 ), or of that                              Article 6
share minus the portion returned to the reserve , where
Article 5 is applied, has been used up, that Member
State shall, without delay, by notifying the                   Member States may restrict deductions from their
Commission, draw a second share equal to 10 % of               shares of unwrought lead (other than bullion lead)
its original share, rounded up where necessary to the          for certain purposes or grades.
next unit, to the extent permitted by the amount of
the reserve.
                                                                                       Article 7
2.     If, after one or other of its initial shares has
been used up, 90 % or more of the second share                 The Commission shall keep an account of the shares
drawn by a Member State has been used up, that                 opened by the Member States pursuant to Articles 2
Member       State  shall,  in   accordance    with   the      and 3 and shall, as soon as it has been notified,
conditions imposed by paragraph 1, draw a third                inform each state of the extent to which the reserves
share equal to 5 % of its initial share, rounded up            have been used up.
where necessary to the next unit.
                                                               It shall inform the Member States, not later than 15
                                                               November 1974, of the amounts still in reserve after
3.     If, after one or other of its second shares has         amounts have been returned thereto pursuant to
been used up, 90 % or more of the third share drawn            Article 5 .
by a Member State has been used up, that Member
State shall, in accordance with the same conditions,           It shall ensure that the drawing which uses up one of
draw a fourth share equal to the third.                        the reserves is limited to the balance available and to
                                                               this end shall specify the amount thereof to the
This process shall continue to apply until the reserves        Member State making the last drawing.
 are used up.
4.     By way of derogation from paragraphs 1 to 3, a                                  Article 8
Member State may draw shares lower than those
fixed in those paragraphs if there are grounds for             1 . Member States shall take all necessary measures
believing that those fixed may not be used up. It              to ensure that supplementary shares drawn pursuant
shall inform the Commission of its reasons > for
                                                               to Article 3 are opened in such a way that imports
 applying this paragraph.                                      may be charged without interruption against their
                                                               accumulated shares in the Community quotas.
                        Article 4
                                                               2. Member States shall ensure that importers of
                                                               the said goods established in their territory have free
Supplementary shares drawn pursuant to Article 3               access to the shares allocated to them .
shall be valid until 31 December 1974.
                                                               3 . As regards bullion lead, Member States shall
                                                               administer their shares in accordance with the system
                         Article 5                             of prior allocation.
A Member State which on 15 October 1974 has not
used up one or other of its initial shares shall return        4.    The extent to which a Member State has used
to the appropriate reserves not later than 31 October          up its shares shall be determined on the basis of the
1974 the unused portion exceeding 20 % of the initial          quantities of the said goods entered for home use.
amount. It may return a greater portion if there are
grounds for believing that it may not be used up.
                                                                                       Article 9
Member States shall, not later than 31 October 1974,
notify the Commission of the total quantities of the           Member States shall inform the Commission at
said goods imported up to and including 15 October             regular intervals of imports actually charged against
 1974 and charged against the Community quotas and             their shares.
 ---pagebreak--- 31 . 12 . 73                      Official Journal of the European Communities                       No L 365 /25
                     Article 10                                                   Article 11
Member States and the Commission shall cooperate             This Regulation shall enter into force on 1 January
closely in order to ensure that this Regulation is           1974.
observed.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 28 December 1973 .
                                                                             For the Council
                                                                              The President
                                                                             Ove GULDBERG