CELEX: 31973R3586
Language: en
Date: 1973-12-28 00:00:00
Title: Regulation (EEC) No 3586/73 of the Council of 28 December 1973 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

No L 365/26                        Official Journal of the European Communities                             31 . 12 . 73
                              REGULATION (EEC) No 3586/73 OF THE COUNCIL
                                                of 28 December 1973
              on the opening, allocation and administration of a Community tariff quota for un­
                wrought zinc falling within subheading No 79.01 A of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                     the option of not taking their share from this amount
                                                              if certain conditions of grades and purpose have not
                                                              been met;
Having regard to the Treaty establishing the
European Economic Community, and in particular
Article 28 thereof;                                           Whereas, to take account of future import trends for
                                                              the said goods, the quota volume of 20 000 metric
                                                              tons should be divided into two tranches, the first
Having regard to the draft Regulation submitted by            being allocated* amongst the Member States and the
the Commission ;
                                                              second being held as a reserve to cover at a later date
                                                              the requirements of Member States who have used up
Whereas, as regards unwrought zinc, Community                 their initial shares ; whereas, to give importers some
production is insufficient, and whereas producers             certainty, the first tranche should be fixed at 18 000
cannot therefore meet all of the requirements of              metric tons, the balance constituting the reserve ;
Community user industries ;                                   whereas, failing a sufficiently representative reference
                                                              period,      the     following    approximate      initial
                                                              percentage-shares may be adopted on the basis of
Whereas it appears to be in the Community's interest          estimates which take account of the new situation :
to suspend, in the case of this metal, the application
of the autonomous Common Customs Tariff duties
for a year within given limits ;                                             Benelux               25-34
                                                                             Denmark                 2-22
Whereas, under Article 39 of the Act of Accession,
                                                                             Germany               42-67
the new Member States must on 1 January 1974
make the first move towards alignment of their                               France                  1-33
national tariffs on the Common Customs Tariff as
regards the said goods ; whereas, therefore, the needs                       Ireland                 1-48
of those Member States for imports from third
countries should from that date onwards be covered                           Italy                 10-66
by the tariff quota in question during the period
thereof; whereas these requirements may not include                          United Kingdom         16-30
imports to which some other preferential tariff
treatment may apply ; whereas the duties to be
applied by the new Member States under the said               Whereas the initial shares may be used up fairly
tariff quota must be in conformity with the relevant          quickly; whereas, therefore, to avoid disruption of
provisions of the Act of Accession ;                          supplies, any Member State which has almost used
                                                              up its initial share should draw a supplementary
                                                              share from the reserve; whereas this must be done by
Whereas, in view of the slight interpenetration of the        each Member State as each one of its supplementary
markets in unwrought zinc, it does not seem possible          shares is almost used up, and as many times as the
to establish the volume and allocation of the                 reserve allows ; whereas the initial and supplementary
Community tariff quota for the metal concerned on             shares must be valid until the end of the quota
the basis of previous data ; whereas, on the basis of         period ; whereas this form of administration requires
estimates of requirement supplied by the Member               close collaboration between the Member States and
States, the quota volume for unwrought zinc to be             the Commission, and the Commission must be in a
opened for 1974 has been fixed at 20 000 metric tons ;        position to follow the extent to which the quota
whereas this volume takes account of the need to stay         volume has been used up and inform the Member
within reasonable limits and to safeguard Community           States thereof;
production; whereas, therefore, only the estimated
requirements of some Member States for certain
grades of zinc have been taken into account; whereas          Whereas if, at a given date in the quota period, a
it is advisable to allow the aforesaid Member States          Member State has a considerable quantity of its
 ---pagebreak--- 31 . 12 . 73                        Official Journal of the European Communities                            No L 365 /27
initial share left over, it is essential that it should        2. The second tranche, of 2 000 metric tons, shall
return a significant proportion thereof to the reserve,        constitute the Community reserve.
to prevent a part of the Community quota from
remaining unused in one Member State while it could
be used in others;                                                                      Article 3
Whereas since the Kingdom of Belgium, the Kingdom              1.     If 90 % or more of a Member State's initial
of the Netherlands and the Grand Duchy of                      share as specified in Article 2 ( 1 ), or of that share
Luxembourg are jointly represented by the Benelux              minus the portion returned to the reserve where
Economic Union any measures concerning the                     Article 5 is applied, has been used up, that Member
administration     of  the   shares  allocated   to   that
                                                               State shall without delay, by notifying the
economic union may be carried out by one of its                Commission, draw a second share equal to 10 % of
members,                                                       its initial share, or rounded up where necessary to the
                                                               next unit, to the extent permitted by the amount of
                                                                the reserve.
HAS ADOPTED THIS REGULATION :
                                                               2. If, after its initial share has been used up, 90 %
                         Article 1                             or more of the second share drawn by a Member
                                                               State has been used up, that Member State shall, in
1 . During the period from 1 January to 31                      accordance with the conditions imposed by
December 1974 a Community tariff quota of 20 000               paragraph 1, draw a third share equal to 5 % of its
metric tons shall be opened in the Community for               initial share, rounded up where necessary to the next
unwrought zinc falling within subheading No 79.01               unit.
A of the Common Customs Tariff.
                                                               3 . If, after its second share has been used up, 90 %
2. Imports of the said goods may not be counted                 or more of the third share drawn by a Member State
 under this tariff quota if they are already free of           has been used up, that Member State shall, in
 customs duties under other preferential tariff                 accordance with the same conditions, draw up a
 treatment applied by certain Member States in                  fourth share equal ,to the third.
 particular under free trade agreements.
                                                               This process shall continue to apply until the reserve
                                                                is used up.
 3 . "Within this tariff quota the Common Customs
 Tariff duty shall be totally suspended.
                                                               4. By way of derogation from paragraphs 1 to 3 , a
                                                                Member State may draw shares lower than those
 4. Within this tariff quota the new Member States              fixed in those paragraphs if there are grounds for
 shall apply duties calculated in accordance with the           believing that those fixed may not be used up. It shall
 relevant provisions of the Act of Accession.                   inform the Commission of its reasons for applying
                                                                this paragraph.
                         Article 2
                                                                                        Article 4
 1 . Of this Community tariff quota, a first tranche
 of 18 000 metric tons shall be allocated among the             Supplementary shares drawn pursuant to Article 3
 Member States ; the respective shares of the Member            shall be valid until 31 December 1974.
 States, which, subject to Article 5, shall be valid from
 1 January to 31 December 1974, shall be as follows :
                                                                                        Article 5
          Benelux               4 561 metric tons
          Denmark                 400 metric tons               A Member State which on 15 October 1974 has not
                                                                used up its initial share shall return to the reserve not
           Germany              7 681 metric tons               later than 31 October 1974 the unused portion
           France                 239 metric tons               exceeding 20 % of the initial amount. It may return
                                                                 a greater portion if there are grounds for believing
           Ireland                266 metric tons               that it may not be used up .
           Italy                1 919 metric tons
                                                                Member States shall, not later than 31 October 1974,
          United Kingdom        2 934 metric tons               notify the Commission of the total quantities of the
 ---pagebreak--- No L 365/28                        Official Journal of the European Communities                             31 . 12. 73
said goods imported up to and including 15 October                                    Article 8
1974 and charged against the Community quota and
any quantities of their initial shares returned to the        1 . Member States shall take all measures necessary
reserve .                                                     to ensure that supplementary shares drawn pursuant
                                                              to Article 3 are opened in such a way that imports
                                                              may be charged without interruption against their
                        Article 6
                                                              accumulated shares in the Community quota.
                                                              2. Member States shall ensure that importers of
Member States may restrict deductions from their              the said goods established in their territory have free
shares of unwrought zinc for certain puposes or               access to the shares allocated to them.
grades.                                                       3.     The extent to which a Member State has used
                                                              up its quota-share shall be determined on the basis of
                                                              the quantities of the said goods entered for home use.
                        Article 7
                                                                                      Article 9
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2
and 3 and shall, as soon as it has been notified,             Member States shall inform the Commission at
inform each State of the extent to which the reserve          regular intervals of imports actually charged against
has been used up.                                             their shares .
It shall inform the Member States, not later than 15                                 Article 10
November 1974, of the amount still in reserve after
                                                              Member States and the Commission shall cooperate
amounts have been returned thereto pursuant to
Article 5 .                                                   closely to ensure that this Regulation is observed.
It shall ensure that the drawing which uses up the                                    Article 11
reserve is limited to the balance available and to this
end shall specify the amount thereof to the Mertiber          This Regulation shall enter into force on 1 January
State making the last drawing.                                1974 .
              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