31974R3174

18 . 12. 74 Official Journal of the European Communities No L 339 / 1

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 3174/74 OF THE COUNCIL of 11 December 1974 opening, allocating and providing for the administration of a Community tariff quota for unwrought magnesium falling within subheading 77.01 A of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN Whereas the markets in magnesium containing COMMUNITIES, 99-95 % or more by weight of pure magnesium (here­ inafter called 'extra-pure magnesium '), in magnesium containing 99-8 % or more, but less than 99-95 % , by Having regard to the Treaty establishing the European weight of pure magnesium (hereinafter called Economic Community, and in particular Article 113 'unwrought magnesium not in alloy') and in magne­ thereof ; sium containing less than 99-8 % by weight of pure magnesium (hereinafter called 'unwrought magnesium in alloy') differ considerably ; whereas a distinction Having regard to the proposal from the Commission ; should therefore be made between these three quali­ ties and the quota volume under consideration should be divided between them : Whereas, in an exchange of letters dated 30 June 1967, confirmed in an exchange of letters dated 16 April 1973, the European Economic Community has undertaken, as regards unwrought magnesium falling Whereas, taking into account an overall, provisional within tariff subheading 77.01 A, to open an annual quota volume of 12 000 metric tons, it has been found Community tariff quota for a quantity such that that there exists an immediate need to import some Community requirements for the said goods not 700 metric tons of extra-pure magnesium, 1 500 covered by Community production may be imported metric tons of unwrought magnesium not in alloy and duty-free ; 9 800 metric tons of unwrought magnesium in alloy ; whereas these figures would seem to be justified both by the former ratios of consumption of these qualities Whereas, in order to establish the volume of the to total consumption of magnesium and by the short­ Community tariff quota, an assessment must be made term outlook for Community production of these qual­ of the total consumption by the user industries of the ities of magnesium ; Member States during the quota year and of the Community production level for the same period ; whereas even a very rough assessment of total consumption and production for 1975 would be Whereas equal and continuous access to the quota highly unreliable since it is at present impossible to should be ensured for all importers and the rate of estimate either the volume of unwrought magnesium levy for the tariff quota should be applied consistently used in certain Member States in the year under to all imports until the quota is used up ; whereas, in consideration or the likely level of Community the light of the principles outlined above, a Commu­ output ; whereas, in any case, there is no likelihood of nity tariff arrangement based on an allocation between Community production fully meeting demand in the the Member States would seem to preserve the quota year ; whereas the annual quota volume must Community nature of the quota ; whereas, to repre­ therefore be fixed at an appropriate level, probably sent as closely as possible the actual development of about 12 000 metric tons ; whereas this assessment is the market in the said goods, the allocation should based on conservative estimates and later adjustments follow proportionately the requirements of the are not excluded ; whereas the duties to be applied by Member States calculated both from statistics of the new Member States under the said tariff quota imports from third countries during a representative must comply with the relevant provisions of the Act reference period and from the economic outlook for of Accession : the quota year in question ;

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Whereas, however, the available statistics of imports — for unwrought magnesium in alloy : into the Member States from third countries which did not benefit from an equivalent tariff preference Benelux 2-12 under any other preferential arrangements cover only Denmark 0-03 unwrought magnesium in alloy and unwrought magne­ Germany 96-50 sium not in alloy ; whereas, during the last three years France 0-03 for which statistics are available, such imports repre­ Ireland 0-02 sented the following percentages of total imports of Italy 0-80 the said goods ; whereas, from the information at United Kingdom 0-50 present to hand, it would seem that imports of extra­ pure magnesium are effected almost wholly into the United Kingdom, where they are incorporated in the statistics concerning unwrought magnesium not in Whereas, in order to take more accurate account of alloy : future import trends for the said goods, the total quota volume for each quality of unwrought magnesium should be divided into two tranches, the first being — for unwrought magnesium not in alloy : allocated among the Member States and the second held as a reserve to cover at a later date the require­ 1971 1972 1973 ments of Member States who have used up their initial shares ; whereas, in order to guarantee impor­ Benelux 8-39 12-27 6-59 ters some degree of security, the first tranches should Denmark 0-10 0-09 0 60-47 62-42 70-34 be fixed at 500 metric tons of extra-pure magnesium, Germany 3-53 1 250 metric tons of unwrought magnesium not in France 3-75 9-45 0-10 0-09 0-01 alloy and 8 000 metric tons of unwrought magnesium Ireland 1-16 0-44 2-49 in alloy, the balances being held as the reserves ; Italy United Kingdom 2603 21-16 11-12

— for unwrought magnesium in alloy : Whereas the initial shares may be used up more or less quickly ; whereas, therefore, in order to avoid disrupting supplies, any Member State which has 1971 1972 1973 almost used up one of its initial shares should draw a Benelux 0-18 0-32 3-18 supplementary share from the relevant reserve ; Denmark 0-04 006 0 whereas this must be done by each Member State as Germany 94-67 97-51 93-33 each one of its supplementary shares is almost used France 1-86 0-06 0 up, as many times as the reserve allows ; whereas the Ireland 005 006 0-01 initial and supplementary shares must be valid until Italy 3-11 1-87 3-46 the end of the quota period ; whereas this form of United Kingdom 0-09 0-12 0-02 administration requires close collaboration between the Member States and the Commission , and the Commission must be in a position to follow the extent to which the quota volume has been used up Whereas, in view of these factors and of market fore­ and inform the Member States thereof ; casts for these products in 1975, the United Kingdom should , on an expertimental basis, be allotted a preponderant share of this quality of magnesium and the other Member States should be allotted smaller Whereas if, at a given date in the quota period, a shares, while safeguarding the Community character Member State has a considerable quantity of one of its of this quota by setting up an adequate reserve, and initial shares left over, it is essential that it should the initial percentage shares for the other qualities of return a significant proportion thereof to the relevant magnesium should be fixed approximately at the reserve, to prevent a part of one or other quota volume following levels : , from remaining unused in one Member State while it could be used in others ; for u n wrought magnesium not in alloy :

Benelux 1 5-60 Denmark 0-06 Whereas, since the Kingdom of Belgium, the Germany 62-50 Kingdom of the Netherlands and the Grand Duchy of France 4-50 Luxembourg are jointly represented by the Benelux Ireland 0-03 Economic Union , any measure concerning the admin­ Italy 0-40 istration of the shares allocated to that Economic­ United Kingdom 16-91 Union may be carried out by any one of its members ,

18 . 12 . 74 Official Journal of the European Communities No L 339 / 3

HAS ADOPTED THIS REGULATION : (b) for unwrought magnesium not in alloy : Benelux 195 metric tons, Denmark 1 metric ton , Article 1 Germany 781 metric tons, France 56 metric tons, Ireland 1 metric ton , 1 . During the period from 1 January to 31 December 1975 a Community tariff quota of 12 000 Italy 5 metric tons, metric tons shall be opened in the Community for United Kindgom 21 1 metric tons ; unwrought magnesium falling within subheading (c) for unwrought magnesium in alloy : 77.01 A of the Common Customs Tariff. Benelux 170 metric tons, Denmark 2 metric tons, 2. The volume of the tariff quota shall be divided as follows : Germany 7 720 metric tons, France 2 metric tons , (a) 700 metric tons for unwrought magnesium Ireland 2 metric tons, containing 99-95 % or more by weight of pure Italy 64 metric tons, magnesium ('extra-pure magnesium'), intended for United Kingdom 40 metric tons. the nuclear industry, under customs or equivalent 2 . The second tranches, of 200 metric tons, 250 administrative control ; metric tons and 1 800 metric tons respectively, shall (b) 1 500 metric tons for unwrought magnesium be held as Community reserves . containing not less than 99-8 % or more, but less than 99-95 % , by weight of pure magnesium Article 3 ('unwrought magnesium not in alloy') ; (c) 9 800 metric tons for unwrought magnesium 1 . If 90 % or more of one of a Member State 's containing less than 99-8 % by weight of pure initial shares as specified in Article 2 ( 1 ), or of that magnesium ('unwrought magnesium in alloy'). share minus the portion returned to the relevant reserve where Article 5 is applied, has been used up, 3 . Imports of the said goods shall not be counted that Member State shall without delay, by notifying under this tariff quota if they are already free of the Commission, draw a second share equal to 10 % customs duties under other preferential tariff treat­ of its initial share , where necessary rounded off ment applied by certain Member States, in particular upwards to the next unit, in so far as permitted by the under free trade agreements. amount of the reserve .

4. Within this tariff quota the Common Customs 2 . If, after one or other of its initial shares has been Tariff duties shall be totally suspended. used up, 90 % or more of the second share drawn by a Member State has been used up, that Member State shall , in accordance with the conditions laid down in 5 . Within this tariff quota the new Member States paragraph 1 , draw a third share equal to 5 % of its shall apply duties calculated in accordance , with the initial share, where necessary rounded off upwards to relevant provisions of the Act of Accession . the next unit .

3 . If, after one or other of its second shares has Article 2 been used up, 90 % or more of the third share drawn by a Member State has been used up, that Member 1 . The first tranches of these quotas, of 500 metric State shall , in accordance with the same conditions, tons of extra-pure magnesium, 1 250 metric tons of draw a fourth share equal to the third . unwrought magnesium not in alloy and 8 000 metric tons of unwrought magnesium in alloy respectively, This process shall continue to apply until the reserves shall be allocated among the Member States ; the are used up. respective shares of the Member States, which , subject to Article 5, shall be valid from 1 January to 31 4. Notwithstanding paragraphs 1 to 3 , a Member December 1 975, shall be as follows : State may draw shares lower than those fixed in these paragraphs if there are grounds for believing that (a) for extra-pure magnesium : those fixed might not be used up . It shall inform the Commission of its reasons for applying this para­ Benelux 3 metric tons, Denmark graph . 1 metric ton , Germany 1 metric ton , France 1 metric ton , Article 4 Ireland 1 metric ton , Italy 1 metric ton , Supplementary shares drawn pursuant to Article 3 United Kingdom 492 metric tons ; shall be valid until 31 December 1975 .

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Article5¶

A Member State which on 15 September 1975 has not 1 . Member States shall take all measures necessary used up one or other of its initial shares shall return to ensure that supplementary shares drawn pursuant to the relevant reserve not later than 10 October 1975 to Article 3 are opened in such a way that imports the unused portion exceeding 20 % of the initial may be charged without interruption against their amount. It may return a greater portion if there are accumulated shares in the Community quota. grounds for believing that it may not be used up. 2. Member States shall ensure that importers of the Member States shall , not later than 10 October 1975, said goods established in their territory have free notify the Commission of the total quantities of the access to the shares allocated to them . said goods imported up to and including 15 September 1975 and charged against the Community 3 . The extent to which a Member State has used up quota and any quantities of the initial shares returned its shares shall be determined on the basis of the quan­ to the reserves . tities of the said goods entered for home use .

Article6¶

The Commission shall keep an account of the shares Member States shall inform the Commission at opened by the Member States pursuant to Articles 2 regular intervals of imports actually charged against and 3 and shall , as soon as it has been notified, inform their shares . each State of the extent to which the reserve has been used up . Article 9 It shall inform the Member States, not later than 15 Member States and the Commission shall cooperate October 1975 , of the amount still in reserve after closely in order to ensure that this Regulation is amounts have been returned thereto pursuant to observed . Article 5 .

It shall ensure that the drawing which uses up a Article 10 reserve is limited to the balance available and to this end shall specify the amount thereof to the Member This Regulation shall enter into force on 1 January State making the last drawing. 1975 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 11 December 1974 . For the Council

The President M. CAVAILLE