CELEX: 31976R2714
Language: en
Date: 1976-10-25 00:00:00
Title: Council Regulation (EEC) No 2714/76 of 25 October 1976 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

15 . 11 . 76                             Official Journal of the European Communities                           No L 313/ 1
                                                                 I
                                             (Acts tchose publication is obligatory)
                                        COUNCIL REGULATION (EEC) No 2714/76
                                                       of 25 October 1976
                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,                            13 000 metric tons for 1977, should therefore be
                                                                    opened on 1 January 1977 ;
Having regard to the Treaty establislhiing the
European Economic Community, and in particular                      Whereas, in view of the minimal interpenetration of
Article 28 thereof,                                                 the markets in unwrought lead otiher than bullion
                                                                    lead and of the lack of complete statistics relating to
                                                                    this grade of metal, it does not seem possible to base
Having regard to the draft Regulation submitted by
                                                                    the allocation of the Community tariff quota in
the Commission,                                                     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
Whereas, under Protocol 14 to the Act of Ac­                        the tariff quota in order to maintain the protection
                                                                    of the foundry industry ; whereas Memlber States
cession (*), the Community is required to open each
year, until the entry into force of a total suspension
                                                                    should therefore be at liberty to authorize only im­
 of the customs duty for an indefinite period, a tariff             ports satisfying certain conditions as to grade and
quota for bullion lead (unwrought lead for refining,                intended use to be charged against that quota ;
containing 0-02% or more by weight of silver) falling
within subheading 78.01 A I; whereas this suspension
from 1 January 1976 makes the opening of a tariff                   Whereas, in order to take more precise account of
quota unnecessary for 1977;                                         future trends in imports of the product in question,
                                                                    the quota should be divided into two tranches, the
                                                                    first to be allocated among all tfhe Member States
 Wihereas, in accordance with Che same Protocol, the                and the second to form a reserve intended to cover
 Community is also required to open each year a nil                 any subsequent requirements of Member States which
 duty Community tariff quota for lead other than                    have used up their initial shares ; whereas, in order
 bullion lead falling within subheading 78.01 A II, tlhe            to ensure a certain degree of security for importers,
 amount of the quota to decrease annually from                      the first tranche should be set at 12 300 metric tons,
 1 January 1975 by an amount fixed for 1974 at                      the remainder constituting the reserve; whereas, on
 55 000 metric tons to arrive at zero in 1978 ; whereas             the basis of estimates taking account of market trends
 the Protocol also provides that the new Member                     in this product, the initial shares may be allocated
 States are to share in those tariff quotas from                    as set out in Article 2 ;
 1 January 1974 ; wihereas the duties to be applied by
 the new Member States within tlhose tariff quotas
 must comply with the relevant provisions of the Act                Whereas Member States may use up their initial
 of Accession ; whereas the Community tariff quota                  shares at different rates ; whereas, to provide for this
 laid down for this product, the amount of which is                 eventuality and to avoid disruption of supplies, any
                                                                    Member State whidh has almost used up its initial
                                                                    share should draw an additional share from the
                                                                    reserve; whereas this should be done by each Member
 (») OJ No L 73, 27. 3 . 1972, p. 171 .                             State when each of its additional shares has ibeen
 ---pagebreak--- No L 313 /2                        Official Journal of the European Communities                               15. 11 . 76
almost used up, and so on as many times as the                Member States. Member States' shares which, subject
reserve allows ; whereas the initial and additional           to Article 5, shall be valid from 1 January to 31 De­
shares should be valid until the end of the quota             cember 1977, shall be as fallows :
period; whereas this form of administration requires
close collaboration between Member States and the                                                      (metric tons)
Commission, which latter must, in particular, be able                 Benelux                             9 674
to keep a record of the extent to which che quota                     Denmark                                 53
has been used up and to inform the Member States                                                            888
                                                                      Germany
accordingly ;
                                                                      France                                  21
                                                                      Ireland                                 11
Whereas, if at a given date in the quota period a                     Italy                                 888
considerable quantity of a Member State's initial
share remains unused, it is essential that that Member                United Kingdom                        765
State should return a significant proportion to the
reserve, so as to avoid a part of the quota remaining         2 . The second tranche of 700 metric tons shall
unused in one Member State when it could be used              constitute the reserve.
in others ;
Whereas, since che Kingdom of Belgium, the King­                                        Article 3
dom of the Netherlands and the Grand Duchy of
Luxembourg are united within and jointly represented          1 . If 90% or more of a Member State's initial share
by the Benelux Economic Union, any measure                    as fixed in Article 2 ( 1 ), or of that share minus any
concerning the administration of the shares allocated         portion returned to the reserve where Article 5 has
to that economic union may be carried out by any              been applied, has been used up, that Member State
one of its members,                                           shall forthwith, by notifying the Commission, draw
                                                              a second share, to the extent 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% or
                                                              more of the second share drawn by a Member State
                        Article 1
                                                              has been used up, that Member State shall, in the
                                                              manner and to the extent provided in paragraph 1 .
1 . For the period 1 January to 31 December 1977,             draw a third share equal to 5% of its initial sharq
a Community tariff quota of 13 000 metric tons shall          rounded up as necessary to the next whole number.
be opened for unwrought lead other than bullion
lead, falling within subheading 78.01 A II of the
Common Customs Tariff.                                        3 . If, after its second share has been used up, 90%
                                                              or more of the third share drawn by a Member State
                                                              has been used up, that Member State shall, in accord­
2. Imports of the product in question may not be              ance with the same conditions, draw a fourth share
charged against this tariff quota if they are already         equal to the third.
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 of derogation from paragraphs 1 , 2 and
                                                              3 , Member States may draw lesser shares than those
                                                              specified therein if there are grounds for believing
4. The new Mem'ber States shall apply duties                  that those specified may not be used in full. They
calculated in accordance with the relevant provisions         shall inform the Commission of their reasons for
of the Act of Accession within tlhis quota.                   applying this paragraph.
                        Article 2                                                       Article 4
1 . A first tranche of 12 300 metric tons of this             Additional shares drawn pursuant to Article 3 shall
Community tariff quota shall be allocated among the           be valid until 31 December 1977.
 ---pagebreak--- 15 . 11.76                        Official Journal of the European Communities                             No L 313 /3
                        Article 5                            this end, shall notify the amount of that balance to
                                                             the Member State marking the last drawing.
Member States shall return to the reserve, not later
than 1 October 1977, the unused portions of their
initial shares which, on 15 September 1977, are in                                   Article 8
excess of 20% of the initial amounts. They may
return a greater portion if there are grounds for            1 . Member States shall take all appropriate measures
believing rhat such portion may not be used in full.         to ensure that additional shares drawn pursuant to
                                                             Article 3 are opened in such a way that imports may
Member States shall notify the Commission, not later         be charged without interruption against their aggre­
than 1 October 1977, of the total quantities of the          gate shares of the Community quota.
product in question imported up to and including
15 September 1977 and charged against the Com­               2. Member States shall ensure that importers of the
munity quota and of any portion of their initial             product in question established in their territory have
shares returned to tfhe reserve.                             free access to the shares allocated to them .
                                                             3 . The extent to whicfh a Member State has used up
                        Article 6                            its share shall be determined on the basis of the
                                                             imports of the product in question entered with the
Member States may restrict the product in question           customs authorities for home use.
which may be charged against their quota shares to
lead of certain grades or lead to be used for certain
purposes .                                                                           Article 9
                                                             At the Commission's request, Memiber States shall
                        Article 7                            inform it of the imports actuaMy charged against
                                                             their shares.
The Commission shaJl keep an account of the shares
opened by the Member States pursuant to Articles 2
and 3 and, as soon as it has been notified, shall                                    Article 10
inform each State of the extent to which the reserve
has been used up.                                            Member States and the Commission shall cooperate
                                                             closely to ensure that this Regulation is complied
It shall inform the Member States, not later than            with .
5 October 1977, of the amount still in reserve after
amounts have been returned thereto pursuant to
Article 5 .                                                                          Article 11
It shall ensure rhat the drawing Which exhausts the          This    Regulation     shall   enter   into   force   on
reserve does not exceed the balance available and, to         1 January 1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Luxembourg, 25 October 1976.
                                                                           For the Council
                                                                            The President
                                                                     A.P.L.M.M. van der STEE