31976R0126

23 . 1 . 76 Official Journal of the European Communities No L 14/ 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 126/76 < of 20 January 1976 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 within tariff subheading 77.01 A, to open an annual Whereas, taking into account an overall, provisional Community tariff quota for a quantity such that quota volume of 5 500 metric tons, the following Community requirements for the said goods not quantities may be allocated to each quality of the covered by Community production may be imported product in question : 600 metric tons for extra-pure duty-free ; magnesium, 1 325 metric tons for unwrought magne­ sium not in alloy and 3 575 metric tons for unwrought magnesium in alloy ; whereas these figures Whereas, in order to establish the volume of the appear justified both by the former ratios of consump­ Community tariff quota, an assessment must be made tion of these qualities to total consumption of magne­ of the total consumption by the user industries of the sium and by the supply possibilities for these qualities Member States during the quota year and of the of magnesium within the Community ; Community production level for the same period ; whereas even a very rough assessment of total consumption and production for 1976 would be highly unreliable since it is at present impossible to estimate either the volume of unwrought magnesium Whereas equal and continuous access to the quota used in certain Member States in the year under should be ensured for all imports and the rate of levy consideration or the likely level of Community for the tariff quota should be applied consistently to output ; whereas, in any case, there is no likelihood of all imports until the quota is used up ; whereas, in the Community production fully meeting demand in the light of the principles outlined above, a Community quota year ; whereas the annual quota volume must tariff arrangement based on an allocation between the therefore be fixed at an appropriate level , probably Member States would seem to preserve the Commu­ about 5 500 metric tons ; whereas this assessment is nity nature of the quota ; whereas , to represent as based on conservative estimates and later adjustments closely as possible the actual development of the are not excluded ; whereas the duties to be applied by market in the said goods, the allocation should follow the new Member States under the said tariff quota proportionately the requirements of the Member must comply with the relevant provisions of the Act States calculated both from statistics of imports from of Accession ; third countries during a representative reference

No L 14/2 Official Journal of the European Communities 23 . 1 . 76

period and from the economic outlook for the quota — tor un wrought magnesium in alloy : year in question ;

Benelux 2-12 Whereas, however, the available statistics of imports Denmark 0-03 into the Member States from third countries which Germany 96-50 did not benefit from an equivalent tariff preference France 0-03 under any other preferential arrangements cover only Ireland 0-02 unwrought magnesium in alloy and unwrought magne­ Italy 0-80 sium not in alloy ; whereas, during the last three years United Kingdom 0-50 ; for which statistics are available, such imports repre­ sented the following percentages of total imports of the said goods ; whereas, from the information at present to hand, it would seem that imports of extra­ Whereas, in order to take more accurate account of pure magnesium are effected almost wholly in the future import trends for unwrought magnesium not in United Kingdom : alloy and in alloy, the total quota volume for these qualities should be divided into two tranches, the first — for un wrought magnesium being allocated among the Member States and the not in alloy : 1972 1973 1974 second held as a reserve to cover at a later date the requirements of Member States who have used up their initial shares ; whereas, in order to guarantee Benelux 12-27 6-55 23-18 importers some degree of security, the first tranches Denmark 0-09 0 0 should be fixed at 1 195 metric tons of unwrought Germany 62-42 69-93 52-96 magnesium not in alloy and 3 150 metric tons of France 3-53 9-39 7-11 unwrought magnesium in alloy, the balances being Ireland 0-09 0-01 0-01 held as the reserves ; Italy 0-44 3-06 2-21 United Kingdom 21-16 11-06 14-53 / Whereas the initial shares may be used up more or for un wrought magnesium less quickly ; whereas, therefore, in order to avoid in alloy : 1972 1973 1974 disrupting supplies, any Member State which has almost used up one of its initial shares should draw a supplementary share from the relevant reserve ; Benelux 0-32 3-18 1-72 whereas this must be done by each Member State as Denmark 0-06 0 0 each one of its supplementary shares is almost used Germany 97-51 93-23 94-26 up, as many times as the reserve allows ; whereais the France 006 0 1-57 initial and supplementary shares must be valid until Ireland 0-06 0-01 0 the end of the quota period ; whereas this form of Italy 1-87 3-56 2-05 administration requires close collaboration between United Kingdom 0-12 0-02 0-39 ; the Member States and the Commission , and the Commission must be in a position to follow the Whereas in view of these factors and of market fore­ extent to which the quota volume has been used up and inform the Member States thereof ; casts for these products in 1976, it is necessary in the case of extra-pure unwrought magnesium to allocate on an experimental basis the quota volume for this quality to the Community reserve and to provide for Whereas if, at a given date in the quota period, a Member States which have requirements to be met to Member State has a considerable quantity of one of its be able to draw upon this reserve in appropriate quan­ initial shares left over, it is essential that it should tities, and whereas it is necessary to fix for the other return a significant proportion thereof to the relevant qualities of magnesium initial percentage shares at reserve, to prevent a part of one or other quota volume approximately the following levels : from remaining unused in one Member State while it could be used in others ; — for unwrought magnesium not in alloy :

Benelux 16-74 Denmark 0-04 Whereas, since the Kingdom of Belgium , the Germany 67-80 Kingdom of the Netherlands and the Grand Duchy of France 3-34 Luxembourg are jointly represented by the Benelux Ireland 0-04 Economic Union , any measure concerning the admin­ Italy 0-33 istration of the shares allocated to that Economic United Kingdom 11-71 Union may be carried out by one of its members,

23 . 1 . 76 Official Journal of the European Communities No L 14/ 3

HAS ADOPTED THIS REGULATION : (a) for un wrought magnesium not in alloy : Benelux 200 metric tons Article 1 Denmark 0-5 metric ton Germany 810 metric tons 1 . For the year 1976 a Community tariff quota of France 40 metric tons 5 500 metric tons shall be opened in the Community Ireland 0-5 metric ton for unwrought magnesium falling within subheading Italy 4 metric tons 77.01 A of the Common Customs Tariff. 140 United Kingdom metric tons ; (b) for un wrought magnesium 2. The volume of the tariff quota shall be divided as follows : in alloy : Benelux 67 metric tons (a) 600 metric tons for unwrought magnesium Denmark 1 metric ton containing 99-95 % or more by weight of pure 3 040 metric tons Germany magnesium ('extra-pure magnesium '), intended for France 1 metric ton the nuclear industry, under customs or equivalent Ireland 1 metric ton administrative control ; 25 metric tons Italy United Kingdom 1 5 metric tons . (b) 1 325 metric tons for unwrought magnesium containing not less than 99-8 % or more, but less 2. The second tranches, of 1 30 metric tons and 425 than 99-95 % , by weight of pure magnesium metric tons respectively, shall be held as Community ('unwrought magnesium not in alloy') ; reserves . (c) 3 575 metric tons for unwrought magnesium containing less than 99-8 % by weight of pure Article 4 magnesium ('unwrought magnesium in alloy') 1 . If 90 % or more of one of a Member State s 3 . Imports of the said goods shall not be counted initial shares as specified in Article 3 ( 1 ), or of that under the tariff quota if they are already free of share minus the portion returned to the relevant customs duties under other preferential tariff treat­ reserve where Article 6 is applied, has been used up, ment. that Member State shall without delay, by notifying the Commission, draw a second share equal to 10 % 4. Within the tariff quota the Common Customs of its initial share, where necessary rounded off Tariff duties shall be totally suspended . upwards to the next unit, in so far as permitted by the amount of the reserve . 5. Within the tariff quota the new Member States 2. If, after one or other of its initial shares has been shall apply duties calculated in accordance with the used up, 90 % or more of the second share drawn by relevant provisions of the Act of Accession . a Member State has been used up, that Member State shall, in accordance with the conditions laid down in paragraph 1 , draw a third share equal to 5 % of its Article 2 initial share, where necessary rounded off upwards to the next unit. 1 . The volume of 600 metric tons, referred to in Article 1 (2) (a), allocated to extra-pure unwrought 3 . If, after one or other of its second shares has magnesium intended for the nuclear industry shall be been used up, 90 % or more of the third share drawn allotted to the Community reserve. by a Member State has been used up, that Member State shall , in accordance with the same conditions, 2. If in a Member State a need is felt for extra-pure draw a fourth share equal to the third. unwrought magnesium , that State shall draw, to the This process shall continue to apply until the reserves extent permitted by the amount of the reserve, a suffi­ are used up. cient share of the reserve thus set up. 4. Notwithstanding paragraphs 1 , 2 and 3, a Member State may draw shares lower than those fixed Artic!c 3 in these paragraphs if there are grounds for believing that those fixed might not be used up. It shall inform 1 . A first tranche of each of the volumes provided the Commission of its reasons for applying this para­ for in Article 1 (2) (b) and (c), which amount to 1 195 graph . metric tons for unwrought magnesium not in alloy and 3 1 50 metric tons for magnesium in alloy shall be Article 5 divided among the Member States. The shares, which are valid up to 31 December 1976, subject to Article Supplementary shares drawn pursuant to Article 4 6, amount to the following quantities : shall be valid until 31 December 1976 .

No L 14/4 Official Journal of the European Communities 23 . 1 . 76

Article 6 Article 8 Member States shall return to the reserve, not later 1 . Member States shall take all measures necessary th^n 1 October 1976 the unused portion of their to ensure that supplementary shares drawn pursuant initial shares which, on 15 September 1976, is in to Article 4 are opened in such a way that imports excess of 20 % of the initial amount. They may return may be charged without interruption against their a greater portion if there are grounds for believing accumulated shares in the Community quota. that such portion may not be used in full. 2. Member States shall ensure that importers esta­ Member States shall , not later than 1 October 1976, blished in their territory have free access to the shares notify the Commission of the total imports of the allocated to them . products concerned effected under the Community quotas up to and including 15 September 1976, and 3 . The extent to which a Member State has used up where appropriate, the proportion of each of their its shares shall be determined on the basis of the quan­ initial shares that they are returning to each of the tities of the said goods entered for home use . reserves . Article 9 Article 7 Upon a request from the Commission, Member States The Commission shall keep an account of the shares shall inform it of imports actually charged against opened by the Member States pursuant to Articles 2, 3 their shares . and 4 and shall , as soon as it has been notified , inform each State of the extent to which the reserve has been Article 10 used up . The Member States and the Commission shall coop­ It shall inform the Member States, not later than 5 erate closely in order to ensure that this Regulation is October 1976, of the amount still in reserve after observed . amounts have been returned thereto pursuant to Article 6 . Article 11 It shall ensure that the drawing which uses up a reserve is limited to the balance available and to this This Regulation shall enter into force on the seventh end shall specify the amount thereof to the Member day following its publication in the Official Journal State making the last drawing. of the European Communities.

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

Done at Brussels, 20 January 1976 . For the Council

The President G. THORN