31973R3591

31 . 12 . 73 Official Journal of the European Communities No L 365 / 39

REGULATION (EEC) No 3591/73 OF THE COUNCIL

of 28 December 1973

on the opening, allocation and administration of a Community tariff quota for unwrought magnesium falling within subheading No 77.01 A of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN COMMUNITIES , output which is likely to increase considerably as a result of extensions to existing plant in the Community ; whereas there is in any case no likelihood of Community production meeting the Having regard to the Treaty establishing the demand; whereas the annual quota volume must European Economic Community, and in particular therefore be fixed at an appropriate level, probably Article 113 thereof; about 10 250 metric tons ; whereas this assessment is based on conservative estimates and later adjustments are not excluded; Having regard to the proposal from the Commission;

Whereas, in an exchange of letters of 30 June 1967, "Whereas the market in magnesium containing not confirmed in an exchange of letters of 16 April 1973 less than 99-8 % by weight of pure magnesium (hereinafter called 'unwrought magnesium not in the European Economic Commiinity has undertaken, alloy') and in magnesium containing less than 99-8 % as regards unwrought magnesium falling within tariff subheading No 77.01 A, to open an annual by weight of pure magnesium (herein after called Community tariff quota for a quantity such that 'unwrought magnesium in alloy') differ considerably; whereas a distinction should therefore be made Community requirements for the said goods not between the two qualities and the quota volume covered by Community production may be imported under consideration should be divided between them ; duty-free ;

Whereas, under Article 39 of the Act of Accession, the new Member States must on 1 January 1974 Whereas in the case of unwrought magnesium not in make the first move towards alignment of their alloy, and assuming a quota volume of 10 250 metric national tariffs on the Common Customs Tariff as tons, the need to import some 1 000 metric tons from regards the said goods ; whereas, therefore, the needs third countries has been established; whereas this of those Member States for imports from third figure is justified both by the former ratio of countries should from that date onwards be covered consumption of this quality to total consumption of by the tariff quota in question during the period magnesium and by the short term outlook for thereof; whereas these requirements may not include Community production of this quality of magnesium; imports to which some other preferential tariff treatment may apply; whereas the duties to be applied by the new Member States under the said tariff quota must be in conformity with the relevant Whereas equal and continuous access to the quota provisions of the Act of Accession ; should be ensured for all importers and the rate of levy for the tariff quota should be applied consistently to all imports until the quota is used up ; Whereas in order to establish the volume of the whereas, in the light of the principles outlined above, Community tariff quota an assessment must be made a Community tariff arrangement based on an of the total consumption by the user industries of the allocation between the Member States would seem to Member States during the tariff year and of the preserve the Community nature of the quota ; Community production level for the same period; whereas to represent as closely as possible the actual whereas even a very rough assessment of total development of the market in the said goods the consumption and production for 1974 will be highly allocation should follow proportionately the unreliable since it is at present impossible to estimate requirements of the Member States calculated both either the volume of unwrought magnesium used in from statistics of imports from third countries during certain Member States in the year under a representative reference period and from the consideration or the likely level of Community economic outlook for the tariff year in question ;

No L 365 /40 Official Journal of the European Communities 31 . 12 . 73

"Whereas, however, the available statistics of imports Ireland 0-03 from third countries into the new Member States to Italy 0-40 which no equivalent tariff preference was applied under any other preferential arrangements only cover United Kingdom 28-40 the year 1972 and the first few months of 1973 ; whereas during the year 1972 such imports by each of the Member States represented the following — for unwrought magnesium in alloy: percentages of total Community imports of the said goods ; whereas, for the year 1973 , on the basis of the Benelux 1-31 most recent forecasts by the Member States, which have been confirmed by the imports statistics for the Denmark 0-03 first few months, these percentages are as follows : Germany 96-82 — for unwrought magnesium not in alloy : France 0-03

1972 1973 Ireland 0-02

Benelux 11-63 16-08 Italy 1-30

Denmark 0-08 0-06 United Kingdom 0-49

Germany 59-15 55-64 France 3-61 3-09 Whereas, to take account more accurately of future import trends for the said goods, the total quota Ireland 0-04 0-03 volume for each quality of unwrought magnesium should bfe divided into two tranches, the first being Italy 0-42 0-37 allocated among the Member States and the second held as a reserve to cover at a later date the United Kingdom 25-07 24-73 requirements of Member States who have used up their initial shares ; whereas to give importers some certainty the first tranches should be fixed at 850 — for unwrought magnesium in alloy: metric tons of unwrought magnesium not in alloy and 8 250 metric tons of unwrought magnesium in Benelux 0-32 1-12 alloy, the balances being held as the reserves ; Denmark 0-05 0-04

Germany 96-98 97-05 Whereas the initial shares may be used up fairly quickly; whereas, therefore, to avoid disruption of France 0-08 0-04 supplies, any Member State which has almost used Ireland 0-02 0-01 up one of its initial shares should draw a supplementary share from the appropriate reserve; Italy 1-86 1-27 whereas this must be done by each Member State as each one of its supplementary shares is almost used United Kingdom 0-68 0-47 up, and as many times as the reserve allows ; whereas the initial and supplementary shares must be valid until the end of the quota period ; whereas this form Whereas in view of these factors and of market of administration requires close collaboration forecasts for these products in 1974 the initial between the Member States and the Commission, and percentage shares in the quota volume can be the Commission must be in a position to follow the expressed roughly as follows : extent to which the quota volume has been used up and inform the Member States ;

— for unwrought magnesium not in alloy:

Whereas if, at a given date in the quota period, a Benelux 14-60 Member State has a considerable quantity of one of its initial shares left over, it is essential that it should Denmark 0-06 return a significant proportion thereof to the Germany 54-81 appropriate reserve, to prevent a part of one or other quota volume from remaining unused in one Member France 1-70 State while it could be used in others ;

31 . 12. 73 Official Journal of the European Communities No L 365/41

"Whereas since the Kingdom of Belgium, the Kingdom Germany 465*8 metric tons of the Netherlands and the Grand Duchy of France 14-5 metric tons Luxembourg are jointly represented by the Benelux Economic Union any measure concerning the Ireland 0-3 metric tons administration of the shares allocated to that Italy 3*4 metric tons economic union may be carried out by one of its members, 241-4 metric tons United Kingdom

HAS ADOPTED THIS REGULATION : (b ) for unwrought magnesium in alloy :

Benelux 108 metric tons Article 1 Denmark 2 metric tons 1 . During the period from 1 January to 31 7 988 metric tons Germany December 1974 a Community tariff quota of 10 250 metric tons shall be opened in the Community for France 2 metric tons unwrought magnesium falling within subheading Ireland 2 metric tons 77.01 A of the Common Customs Tariff. . Italy 108 metric tons 2. The volume of the tariff quota shall be divided United Kingdom 40 metric tons as follows : ( a) as to 1 000 metric tons for unwrought magnesium containing not less than 99-8 % by 2. The second tranches, of 150 metric tons and weight of pure magnesium ('unwrought 1 000 metric tons respectively, shall be held as magnesium not in alloy'); and Community reserves.

(b) as to 9 250 metric tons for unwrought magnesium containing less than 99-8 % by Article 3 weight of pure magnesium ('unwrought magnesium in alloy'). 1 . If 90 % or more of one of a Member State's initial shares as specified in Article 2 (1 ), or of that 3 . Imports of the said goods may not be counted under this tariff quota if they are already free of share minus the portion returned to the appropriate reserve where Article 5 is applied, has been used up, customs duties under other preferential tariff that Member State shall without delay, by notifying treatment applied by certain Member States, in the Commission, draw a second share equal to 10 % particular under free trade agreements. of its initial share, rounded up where necessary to the next unit, to the extent permitted by the amount of 4. Within this tariff quota the Common Customs the reserve. Tariff duties shall be totally suspended.

5 . Within this tariff quota the new Member States 2. If, after one or other of its initial shares has shall apply duties calculated in accordance with the been used up, 90 % or more of the second share relevant provisions of the Act of Accession . drawn by a Member State has been used up, that Member State shall, in accordance with the conditions imposed by paragraph 1 , draw a third Article 2 share equal to 5 % of its initial share, rounded up where necessary to the next unit. 1 . The first tranche of each of these quota amounts consisting of 850 metric tons of unwrought 3 . If, after one or other of its second shares has magnesium not in alloy and 8 250 metric tons of been used up, 90 % or more of the third share drawn unwrought magnesium in alloy shall be allocated by a Member State has been used up, that Member among the Member States ; the respective shares of State shall, in accordance with the same conditions, the Member States, which, subject to Article 5, shall draw a fourth share equal to the third. be valid from 1 January to 31 December 1974, shall be as follows : This process shall continue to apply until the reserves are used up. ( a) for unwrought magnesium not in alloy :

Benelux 124-1 metric tons 4. By way of derogation from paragraphs 1 to 3 , a Denmark 0-5 metric tons Member State may draw shares lower than those

No L 365 /42 Official Journal of the European Communities 31 . 12. 73

fixed in those paragraphs if there are grounds for It shall ensure that the drawing which uses up a believing that those fixed may not be used up . It shall reserve is limited to the balance available and to this inform the Commission of its reasons for applying end shall specify the amount thereof to the Member this paragraph. State making the last drawing.

Article4¶

Supplementary shares drawn pursuant to Article 3 1 . Member States shall take all measures necessary shall be valid until 31 December 1974. to ensure that supplementary shares drawn pursuant to Article 3 are opened in such a way that imports Article 5 may be charged without interruption against their accumulated shares in the Community qiiota. A Member State which on 15 September 1974 has 2. Member States shall ensure that importers of not used up one or other of its initial shares shall return to the appropriate reserve not later than 10 the said goods established in their territory have free access to the shares allocated to them. October 1974 the unused portion exceeding 20 % of the initial amount. It may return a greater portion if 3 . The extent to which a Member State has used there are grounds for believing that it may not be up its shares shall be determined on the basis of the used up. quantities of the said goods entered for home use. Member States shall, not later than 10 October 1974, notify the Commission of the total quantities of the said goods imported up to and including 15 Article 8 September 1974 and charged against the Community quota and any quantities of the initial shares returned Member States shall inform the Commission at to the reserves . regular intervals of imports actually charged against their shares. Article 6 Article 9 The Commission shall keep an account of the shares Member States and the Commission shall cooperate opened by the Member States pursuant to Articles 2 closely in order to ensure that this Regulation is and 3 and shall, as soon as it has been notified, inform each State of the extent to which the reserve observed. has been used up . It shall inform the Member States, not later than 15 Article 10 October 1974, of the amount still in reserve after amounts have been returned thereto pursuant to This Regulation shall enter into force on 1 January Article 5 . 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