CELEX: 31974R2422
Language: en
Date: 1974-09-23 00:00:00
Title: Regulation (EEC) No 2422/74 of the Council of 23 September 1974 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

27. 9 . 74                            Official Journal of the European Communities                         No L 261 / 13
                              REGULATION (EEC) No 2422/74 OF THE COUNCIL
                                                  of 23 September 1974
              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                                       whereas, having regard to estimates taking account of
COMMUNITIES,                                                      trends in the market for unwrought zinc, the first
                                                                  tranche may be allocated approximately according to
Having regard to the Treaty establishing the European             the following percentages :
Economic Community, and in particular Article 28                        Benelux                                25-50
thereof ;
                                                                        Denmark                                  2-14
                                                                        Germany                                41-15
Having regard to the draft Regulation submitted by                      France                                   1-28
the Commission ;                                                        Ireland                                  1-43
                                                                        Italy                                  10-28
Whereas Protocol 15 to the Act of Accession ( ! )                       United Kingdom                         18-22
provides that the Community shall open each year a
nil duty Community tariff quota for unwrought zinc,               Whereas Member States may exhaust their initial
falling within subheading 79.01 A of the Common                   shares at different rates ; whereas to avoid disruption
Customs Tariff, fixed at 30 000 metric tons for 1971 ,            of supplies on this account, any Member State which
and decreasing each year, except 1974 until the quota             has almost used up its initial share should draw an
is abolished on 31        December 1977 ; whereas the             additional share from the reserve ; whereas this should
quota calculated on that basis amounts to 15 000                  be done by each Member State when its additional
metric tons for 1975 ; whereas the Protocol also                  share has been almost used up, and so on as many
provides that the new Member States shall share in                times as the reserve allows ; whereas the initial and
the tariff quota from 1 January 1974 ; whereas the                additional shares should be valid until the end of the
duties to be applied by these Member States within                quota period ; whereas this form of administration
those tariff quotas must comply with the relevant prov­           requires close collaboration between the Member
isions of the Act of Accession ; whereas the Commu­
                                                                  States and the Commission , which latter must in parti­
nity tariff quota in question should therefore be                 cular be able to keep a record of the extent to which
opened on 1 January 1975 ;                                        the quota has been used up and to inform the
                                                                  Member States accordingly ;
Whereas, in view of the minimal interpenetration of
the markets in unwrought zinc, it does not seem                   Whereas if at a given date in the quota period a
possible to base the allocation of the Community                  considerable quantity of a Member State's initial share
tariff quota in question on previous data ; whereas the           remains unused it is essential that it should return a
figure of 1 5 000 metric tons takes account of the need           significant proportion to the reserve, so as to avoid a
not to exceed a reasonable amount, thereby protecting             part of the quota remaining unused in one Member
Community production ; whereas, to this end, only                 State when it could be used in others ;
certain Member States' estimates of their requirements
of specific grades of zinc have been taken into                   Whereas, since     the    Kingdom    of  Belgium ,   the
account ; whereas Member States should therefore be               Kingdom of the Netherlands and the Grand Duchy of
at liberty to authorize only imports satsifying certain           Luxembourg are united within and jointly represented
conditions as to grade and intended use to be. charged            by the Benelux Economic Union , any transaction in
against that quota ;                                              respect of the administration of the shares allocated to
                                                                  that Economic Union may be carried out by any one
Whereas, in order to make greater allowance for future            of its members ,
trends in imports of the product in question, the
quota of 1 5 000 metric tons should be divided into
two tranches, the first to be allocated among the
Member States , the second to form a reserve intended             HAS ADOPTED THIS REGULATION :
to cover any subsequent requirements of Member
States which have used up their initial share ; whereas,
in order to ensure a certain degree of security for                                       Article 1
importers, the initial tranche should be set at 14 000
metric tons, the remainder constituting the reserve ;              1.    During the period from 1 January to 31
                                                                  December 1975, a Community tariff quota of 15 000
(') OJ No L 73 , 27 . 3 . 1972, p. 172 .                          metric tons shall be opened in the Community for
 ---pagebreak--- No L 261 / 14                       Official Journal of the European Communities                             27. 9 . 74
unwrought zinc, falling within subheading 79.01 A of           those specified therein if there are grounds for
the Common Customs Tariff.                                     believing that they may not be used in full . It shall
                                                               inform the Commission of its reasons for applying
2. Where the product in question is already                    this provision.
imported duty free under other preferential tariff arran­
gements entered into by certain Member States, in
                                                                                        Article 4
particular under free trade agreements, such imports
shall not be charged against the tariff quota.                 Additional shares drawn pursuant to Article 3 shall be
                                                              valid until 31 December 1975 .
3. Within this quota, the Common Customs Tariff
duty shall be totally suspended .
                                                                                        Article 5
4. Within this quota, new Member States shall
apply duties calculated in accordance with the rele­           A Member State which on 15 October 1975 has not
vant provisions of the Act of Accession .                      exhausted its initial share shall, not later than 31
                                                               October 1975, return to the reserve any unused
                         Article 2                             portion in excess of 20 % of the initial amount. It
                                                               may return a greater quantity if there are grounds for
1.    The first tranche of the quota referred to in            believing that such may not be used in full .
Article 1   of 14 000 metric tons shall be allocated
among the Member States. The shares which, subject             Member States shall, not later than 31 October 1975,
to Article 5, shall be valid from 1 January to 31              notify the Commission of the total quantities of the
December 1975, shall , for each Member State , be as           product in question imported up to and including 15
follows :                                                      October 1975 and charged against the Community
                                                               quota and of any portion of their initial shares
      Benelux                     3 570 metric tons            returned to the reserve .
      Denmark                       300 metric tons
      Germany                     5 760 metric tons
      France                        180 metric tons                                     Article 6
      Ireland                       200 metric tons
                                                               Member States may restrict the unwrought zinc which
      Italy                       1 440 metric tons
                                                               may be charged against their quota shares to
      United Kingdom              2 550 metric tons
                                                               unwrought zinc of certain grades or zinc to be used
2.    The second tranche, of 1 000 metric tons, shall          for certain purposes .
constitute the reserve .
                                                                                        Article '7
                         Article 3
                                                               The Commission shall keep an account of the shares
1.     As soon as a Member State has used 90 % or              opened by the Member States pursuant to Articles 2
more of its initial share as fixed in Article 2 ( 1 ), or of   and 3 and shall, as soon as it receives notification,
                                                               inform each State of the extent to which the reserve
that share minus any portion returned to the reserve
pursuant to Article 5, it shall forthwith, by notifying        has been used up.
the Commission , draw a second share, to the extent
that the reserve so permits, equal to 10 % of its initial      It shall, not later than 15 November 1975, inform the
share, rounded up as necessary to the next whole               Member States of the amount still in reserve following
number.
                                                               any return of shares pursuant to Article 5.
2.     As soon as a Member State, after using up its           It shall ensure that the drawing which exhausts the
initial share, has used 90 % or more of its second             reserve does not exceed the balance available, and to
share, that Member State shall forthwith in the                this end shall notify the amount thereof to the
manner and to the extent provided in paragraph 1 ,             Member State making the last drawing.
draw a third share equal to 5 % of its initial share.
3.     As soon as a Member State, after exhausting its                                  Article 8
second share, has used 90 % or more of its third
share, that Member State shall forthwith, in accor­            1.    Each Member State shall take all appropriate
dance with the same conditions, draw a fourth share            measures    to   ensure  that  additional shares  drawn
equal to the third.                                            pursuant to Article 3 are opened in such a way that
                                                               imports may be charged without interruption against
This procedure shall apply until the reserve is                its accumulated share of the Community quota .
exhausted .
                                                               2 . Each Member State shall ensure that importers
4. By way of derogation from paragraphs 1 , 2 and              of the product in question established in its territory
3, a Member State may draw lesser amounts than                 have free access 'to the shares allocated to it .
 ---pagebreak--- 27. 9 . 74                       Official Journal of the European Communities                           No L 261 / 15
3.    The extent to which a Member State has used up                                 Article 10
its share shall be determined on the basis of the
                                                             The Member States and the Commission shall coop­
imports of the product in question entered with the          erate closely to ensure that the provisions of this Regu­
customs authorities for home use .
                                                             lation are observed .
                       Article 9                                                    Article 11
Member States shall notify the Commission at regular         This Regulation shall enter into force on 1 January
intervals of the imports charged against its share.          1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 23 September 1974.
                                                                         For the Council
                                                                           The President
                                                                          Ch . PONCELET