CELEX: 51976PC0335
Language: en
Date: 1976-07-02
Title: DRAFT REGULATION (CEE) OF THE COUNCILL 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 (76) 335
Vol. 1976/0099
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 ---pagebreak---                                            \
  COMMISSION OF THE EUROPEANS COMMUNITIES
                                                           COM(76)335 final.
                                                            Brussels , 2 July 1976
        r-                  REGULATION (CEE) O? THE COUNCILL
            ■ \      ■■■■ . ,
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                  .    ,
                                                                   \   \ .   ■
             r                  Common Customs Tariff
                                             !
                                          DRAFT
                     ;      REGULATION (CEE) O? THE COUNCIL
                            \   >            ■
                              i                         '
on the opening , allocation and administration of a Community tariff quota
      for unwrought zinc falling within subheading Ho 79.01 A of the
                                  Common Customs Tariff
               ( submitted to the Council "by the Commission)
  –Ν               ,
 CCM(76) 335 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
        renunciation by Member States of rights enjoyed under Protocol •
        No XV on list G , is embodied in Protocols Nos 1^ 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 73*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 duty' 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 now Member States to share in the tariff quota from
       1 January 1974?                         '                     -         •
 (a) the duty to be suspended at a level of 2$ from 1 Jan'vary" 1975 ?
 (f; from 1973» the possibility of a total suspension of the duty tor
        an indefinite period 'bo be reviewed annually? '
 Unwrou /sht lead other than bullion lead
 (a) the conversion as soon as possible and by 1 January 197^ at the
       latest bf the present specific duty of 1*32 u.a./lOO kg into an
                                                               .1
       ad valorem duty of           with, a minimum . oh&rge of 1.1 u.a./LOO kg ;
:< b) thd new Member States ' to' share in the 55 000 metric ton . nil duty
       Community tariff quota from 1 January 197^:
 ---pagebreak---     ( c) the reduction froa 1 January 1975 of the amount of the quota*
                            r « '     .                    _        *                       -                         •
           which will bo abolished by-Jl Dec * oer 1977 ?                                 '      '
                                 ι·                     «                      ·   .
    (d) an examination of the situation; before the quota is abolished ,                                                  •
           with a view to* "deciding on a 'possible'"reduction of the duty (with ' J
        - a minimum charge of 1.1 u.a./lOO'kg)                                    it being understood that ,         "...
    .      whatever the action takon protection of the Community smelting                                                   'v
. ' industry oust oontinue ;                                                                               -                  i
      V          ··   ·                                   .'.?·.·· ···' .                          .      ·"     '··        .♦■
                               1    ' *•      - -                        *       • #                         î
   ffnwrought zinc                       • .            "W *                 "                          •      #
                        ' ' ' '             ' • '«          V                  '<    *'•         .
   ( a) the conversion from 1 January 197^ of the speoific duty of                                                            '
          1.J2 u.a./lOO kg into a duty of                                      with a minimum charge of
        . 1.1 u.cuAOO-' kg;*'* •" •"               '--"ivi "               .. .
   (b) the new Member States to share from that date in the nil duty
                    »                     .                       .                         .                    -             •
          tariff quota which , fixed at 30 000 motrio tons in 1971 • will bo
 '        reduced each' year , except in X?7'+, and will be abolished with
          effect' from 31 December 1977 *                       '
   At the GATT multilateral negotiations during 1974 * it was decided to reduce
   to 0 % the oommon customs tariff duty applicable to bullion lead .                                 The basio
              _» «                    ■
   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 Artiole 39 of the Act of Acoession leads automatically to a
   nil duty iti these Member States                           1976 *                  .       ..
   The opening of a tariff quota with suspension of duty is 119 longer applicable
   from 1 January 1976 * The proposals for Regulations annexed hereto thus refer only to
   two produots viz : unwrought lead other than bullion lead.i and unwrought zino *
 ---pagebreak---      Tho Conuniaûioa notes that f ;
                                                  the system adopted for
     the years . 1971 to 1976 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 1977 , are' very
    .largely based on those for the preceding yoars as rogards the
     conditions on which the quotas' are' opened', their allocation and
     uniform method of administration *
                   m *         • •                  "    4  1  '    •
Furthermore , these draft Regulations take aocount of the opinion
jointly expressed by the'experts that the Member States should bo 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 zino to be used for certain- purposes.          • •• .
 ---pagebreak---                                                Proposal for a
                              REGULATION (EEC) No                      OF THE COUNCIL
                                                   oí
              on the opening, allocation and administrate. ,i 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
                                                                13 000 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 ('), 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 12 300 metrio "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 197(••,          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
duty Community tariff quota for lead other than                  Whereas Member States may use up their initial
bullion lead falling within subheading 78.01 A II,
                                                                 shares at different rates; whereas, to provide for
the amount of the quota to decrease annually from                this eventuality and to avoid disruption of supplies,
 1 January 1975 by an amount fixed for 1974 at                   any Member State which has almost used up its
                                                                 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
must comply with the relevant provisions of the                  shares should be valid until the end of the quota
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 isl3 000 metric tons for 1977, 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 197/;                ~                    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
                                                                Whereas if, at a given date in the quota period,
lead and of the lack of complete statistics relating            a considerable quantity of a Member State's initial
to this grade of metal, it does not seem possible                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
(») OJ No L 73, 27. 3. 1972, p. 171.                             could be used in others;
 ---pagebreak---   WfvcrfAS,       ..'f • • •» K:~ zsZzcn oi zisigf-ticn, tac   ar.f prwtion wanaJ to the reserve wfeae Ankle 5
 Kingdom of the Ncr.crfj.iflj snd toe Grand Dudiy              te been appi.rd, r.si b&co used up, that Member
 of Luxembourg are united wt'nfis and                      j   Sate ;, ha!l for? hwith, by notitjiag the Cotnmiwioo,
 represented by ; nc Bcr^tux Eco?vo!r.k Un;-©-n, jny           crs       sec/id share, ro & : ?x;«i ihar the reserve
 measure concerning the administration of the shares           so ■    ills, equii to 10 '/« of its imt^i share, rounded
 allocated to tkat Economic Union may be carried               up , nsccsszry to tne next whole number.
 out by iiiy c.r.2 of its member*,
                                                               2. If, after its initial share h.i » 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
                             Artide 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 19/7
 a Community tariff quota ofI3 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 Common Customs
Tariff duty shall be totally suspended.
                                                              4. By way or 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.
                             Artide 2
 1 . A first tranche - ofl2 300 metric tons of this
Community tariff quota shall be allocated among                                        Artide 4
the Member States. Member States' shares which,
subject to Article 5, shall be valid from 1 January
to 31 December 1977, shall be as follows:                    Additional shares drawn pursuant to Article 3 shall
                                                              be valid until 31 December 1977 .
                                         in metric tons
         Bénélux                              9 674
         Denmark                                   53
                                                                                       Artide 5
         Germany                                 888
         France                                    21
                                                              Member States shall return to the reserve, not later
         Ireland                                   11        than 1 October 1977, the unused portions of their
         Italy                                   888          initial shares which , on 15 September 1 977 , are ' n
                                                 765         excess of 20% of the initial amounts. They may
        United Kingdom                                       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 00            metric tons shall
constitute the reserve.
                                                             MemDcr States shall notify the Commission, not
                             Artide 3
                                                             later than 1 October 1977, of the total quantities of
                                                             the product in question imported up to and including
                                                             15 September 1977 and charged against the Com­
1 . If 90% or more of a Member State's initial share ,       munity quota anci of any portion of their initial
as fixed in Article 2 ( 1 ), or of that share minus          shares returned to the reserve.
 ---pagebreak---                        Artide 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 sopn 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 1977, 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 1977.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at
                                                                              For the Council
                                                                                The Président
                                                                                i
 ---pagebreak---                                                 Proposal for a
                               REGULATION (EEC) No .../76OF THE COUNCIL
                                                  of   ••••••••
                on the opening, allocation and administration of a Community tariff quota for unwrought
                       rinr failing 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 4 5 00 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:
                                                                       Bénélux                              25*50
 Whereas under Protocol No 15 to the Act of
 Accession ('), 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; whereas the quota calculated on that basis                      Italy                                10-28
 amounts to 5 000 metric tons for 1977; 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 1977 »                                 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 5 000 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
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
Whereas, in order to take more precise account of ;            reserve, so as to avoid a part of the Community
future trends in imports of the product in question,           quota remaining unused in one Member State when
the quota of 5 000 metric tons should be divided               it could be used in others;
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
(') OJ No L 73, 27. 3. 1972, p. 172.                           Luxembourg are united within and jointly represented
 ---pagebreak--- 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 an          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.
197J, a Community tariff quota of 5 0^0 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      or more of the third share drawn by a Member State
the Common Customs Tariff.
                                                         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       1 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 appiy 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 it 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 A
1. A first tranche of 4500 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 3977.
Member States. Member States' shares which, subject
to Article 5, shall be valid from 1 January to                                    Article 5
31 December 197 7» shall be as follows:
                                     in metric toni      Member States shall return to the reserve, not later
                                                         than 1 October 1977, the unused portions of their
        Bénélux
                 \
                                         1 147           initial shares which, on 15 September 1977 , are in
        Dcnmark                            *.. 97        excess of 20% of the initial amounts. They may
        Germany                          1 852 '         return a greater portion if there are grounds for
                                                          believing that such portion may not be used in full .
        France                                 57
        Ireland                                64 ■      Member States shall notify the Commission , not
        Italy                              • 463         later than 1 October 1977, of the total quantities
                                             820         of the product in question imported up to and
       United Kingdom                                    including 15 September 1977 charged against the
                                                         Community quota and of any portion of their initial
2. The second tranche of $00 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---                           Article 7                      f       2. Member States shall ensure that importers of
                                                                the vroduct 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 1971 , of the amount still in reserve after                                Article 9 *
   amounts have been returned thereto pursuant to
   Article 5.
                                               f .            At the Commission s request, Member States shall
  It shall ensure that the drawing which exhausts the "    • inform it of the imports actually charged against
                                                               their shares.
  reserve does not exceed the balance available and,
 I \ w',J notlfy 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 Artie e 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 197 '7 •
              States^6^3^0"         ^ Ending in its entirety and directly applicable in all Member
              Done at                                               \    \
                                           •         «                                           t
                                                                                For the Council
                                                                                  The President