31976R2930

3 . 12 , 76 Official Journal of the European Communities No L 334/ 3

COUNCIL REGULATION ( EEC) No 2930 / 76 of 29 November 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 ( 1977 )

THE COUNCIL OF THE EUROPEAN sium containing less than 99-8 % by weight of pure COMMUNITIES , magnesium (hereinafter called 'unwrought magnesium in alloy') differ considerably ; whereas a distinction should therefore be made between these three quali­ ties and the quota volume under consideration should Having regard to the Treaty establishing the European be divided between them ; Economic Community, and in particular Article 113 thereof.

Whereas, taking into account an overall, provisional Having regard to the proposal from the Commission , quota volume of 5 500 metric tons, the following quantities may be allocated to each quality of the product in question : 600 metric tons for extra-pure Whereas, in an exchange of letters dated 30 June magnesium , 1 325 metric tons for unwrought magne­ 1967 , confirmed in an exchange of letters dated 16 sium not in alloy and 3 575 metric tons for April 1973 , the European Economic Community has unwrought magnesium in alloy ; whereas these figures undertaken , as regards unwrought magnesium falling appear justified both by the former ratios of consump­ within tariff subheading 77.01 A, to open an annual tion of these qualities to total consumption of magne­ Community tariff quota for a quantity such that sium and by the supply possibilities for these qualities Community requirements for the said goods not of magnesium within the Community ; covered by Community production may be imported duty free ;

Whereas equal and continuous access to the quota Whereas, in order to establish the volume of the should be ensured for all importers and the rate of Community tariff quota, an assessment must be made levy for the tariff quota should be applied consistently of the total consumption by the user industries of the to all imports until the quota is used up ; whereas, in Member States during the quota year and of the the light of the principles outlined above, a Commu­ Community production level for the same period ; nity tariff arrangement based on an allocation between whereas even a very rough assessment of total the Member States would seem to preserve the consumption and production for 1977 would be Community nature of the quota ; whereas, to repre­ highly unreliable since it is at present impossible to sent as closely as possible the actual development of estimate either the volume of unwrought magnesium the market in the said goods , the allocation must used in certain Member States in the year under follow proportionately the requirements of the consideration or the likely level of Community Member States calculated both from statistics of output ; whereas, in any case, it is unlikely that imports from third countries during a representative Community production will fully meet demand in the reference period and from the economic outlook for quota year ; whereas the annual quota volume must the quota year in question ; therefore be fixed at an appropriate level , probably about 5 500 metric tons ; whereas this assessment is based on conservative estimates and later adjustments are not excluded ; whereas the duties to be applied by Whereas, however, the available statistics of imports the new Member States under the said tariff quota into the Member States from third countries which must comply with the relevant provisions of the Act did not benefit from an equivalent tariff preference of Accession ; under any other preferential arrangements cover only unwrought magnesium in alloy and unwrought magne­ sium not in alloy ; whereas, during the last three years Whereas the markets in magnesium containing for which statistics are available, such imports repre­ 99-95 % or more by weight of pure magnesium ( here­ sented the following percentages of total imports of inafter called 'extra-pure magnesium '), in magnesium the said goods ; whereas , from the information at containing 99-8 % or more, but less than 99-95 % by present to hand , it would seem that imports of extra­ weight of pure magnesium (hereinafter called pure magnesium are effected almost wholly in the 'unwrought magnesium not in alloy') and in magne United Kingdom :

No L 334/4 Official Journal of the European Communities 3 . 12 . 76

— for unwrought magnesium of security, the first tranches should be fixed at 1 195 1973 1974 1975 not in alloy : metric tons of unwrought magnesium not in alloy and 3 150 metric tons of unwrought magnesium in alloy, Benelux 6.55 23.18 10.04 the balances being held as the reserves ; Denmark 0 0 0 69.93 52.96 55.00 Germany Whereas the initial shares may be used up more or France 9.39 7.11 18.18 less quickly ; whereas, therefore, in order to avoid Ireland 0.01 001 0 disrupting supplies, any Member State which has Italy 3.06 2.21 7.47 almost used up one of its initial shares should draw a United Kingdom 11.06 14.53 9.31 supplementary share from the relevant reserve ; whereas this must be done by each Member State as for unwrought magnesium in alloy : each one of its supplementary shares is almost used 1973 ' 1974 1975 up, as many times as the reserve allows ; whereas the initial and supplementary shares must be valid until Benelux 3.18 1.72 1.88 the end of the quota period ; whereas this form of Denmark 0 0 0 administration requires close collaboration between Germany 93.23 94.26 96.23 the Member States and the Commission , and the France 0 1.57 0 Commission must be in a position to follow the Ireland 0.01 0 0 extent to which the quota volume has been used up 3.56 2.05 1.08 Italy and inform the Member States thereof ; 0.02 0.39 0.81 United Kingdom Whereas if, at a given date in the quota period, a Member State has a considerable quantity of one of its initial shares left over, it is essential that it should return a significant proportion thereof to the relevant Whereas, in view of these factors and of market fore­ reserve, to prevent a part of one or other quota volume casts for these products in 1977, it is necessary in the from remaining unused in one Member State while it case of extra-pure unwrought magnesium to allocate could be used in others ; on an experimental basis the quota volume for this quality to the Community reserve and to provide for Whereas, since the Kingdom of Belgium , the Member States which have requirements to be met to Kingdom of the Netherlands and the Grand Duchy of be able to draw upon this reserve in appropriate quan­ Luxembourg are jointly represented by the Benelux tities , whereas it is necessary to fix for the other quali­ Economic Union , any measure concerning the admin­ ties of magnesium initial percentage shares at approxi­ istration of the shares allocated to that economic mately the following levels : union may be carried out by any one of its members,

— for unwrought magnesium not in alloy : Benelux 16.74 HAS ADOPTED THIS REGULATION : Denmark 0 04 67.80 Germany France 3.34 Article 1 Ireland 0.04 Italy 0.33 1 . From 1 January until 31 December 1977 a 1 1.71 United Kingdom Community tariff quota of 5 500 metric tons shall be opened in the Community for unwrought magnesium — for unwrought magnesium in alloy : falling within subheading 77.01 A of the Common Benelux 2.12 Customs Tariff . Denmark 003 Germany 96.50 2 . The volume of the tariff quota shall be divided France 0.03 as follows : Ireland 0.02 0.80 (a) 600 metric tons for unwrought magnesium Italy 0.50 containing 99-95 % or more by weight of pure United Kingdom magnesium (' extra-pure magnesium '), intended for the nuclear industry, under customs or equivalent Whereas , in order to take more accurate account of administrative control (') ; future import trends for unwrought magensium not in (b) 1 325 metric tons for unwrought magnesium alloy, the total quota volume for these qualities should containing not less than 99-8 % or more , but less be divided into two tranches, the first being allocated than 99-95 % , by weight of pure magnesium among the Member States and the second held as a (' unwrought magnesium not in alloy') ; reserve to cover at a later date the requirements of Member States who have used up their initial shares ; (') The allocation ot this quota is subject to conditions to be whereas , in order to guarantee importers some degree determined by the competent authorities .

3 . 12 . 76 Official Journal of the European Communities No L 334/ 5

(c) 3 575 metric tons for unwrought magnesium Article 4 containing less than 99-8 % by 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 3 ( 1 ), or of that 3 . Imports of the said goods shall not be counted share minus the portion returned to the relevant under the tariff quota if they are already free of reserve where Article 6 is applied, has been used up, customs duties under other preferential tariff treat­ that Member State shall without delay, by notifying ment . the Commission , draw a second share equal to 10 % of its initial share , where necessary rounded off 4 . Within the tariff quota the Common Customs upwards to the next unit, in so far as permitted by the Tariff duties shall be totally suspended . 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 Article 2 paragraph 1 , draw a third share equal to 5% of its 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 magnesium intended for the nuclear industry, shall be 3 . If, after one or other of its second shares has allotted to the Community reserve . been used, up 90 % or more of the third share drawn by a Member State has been used Up , that Member 2 . If in a Member State a need is felt for extra-pure State shall , in accordance with the same conditions, unwrought magnesium , that State shall draw, to the draw a fourth share equal to the third. extent permitted by the amount of the reserve , a suffi­ cient share of the reserve thus set up . This process shall continue to apply until the reserves are used up .

Article 3 4. Notwithstanding paragraphs 1 , 2 and 3, a Member State may draw shares lower than those fixed 1 . A first tranche of each of the volumes provided in these paragraphs if there are grounds for believing for in Article 1 (2) (b) and (c), which amount to 1 195 that those fixed might not be used up . It shall inform metric tons for unwrought magnesium not in alloy the Commission of its reasons for applying this para­ and 3 150 metric tons for magnesium in alloy shall be graph . divided among the Member States. The shares, which are valid up to 31 December 1977, subject to Article 6 , amount to the following quantities : Article 5 (a) for unwrought magnesium not in alloy : (in mctric tons) Supplementary shares drawn pursuant to Article 4 Benelux 200 shall be valid until 31 December 1977 . Denmark 0-5 Germany 810 France 40 Article 6 Ireland 0-5 Italy 4 140 Member States shall return to the reserve, not later United Kingdom than 1 October 1977, the unused portion of their (b) for unwrought magnesium in alloy : initial shares which , on 15 September 1977, is in (in metric tons) excess of 20 % of the initial amount. They may return Benelux 67 a greater portion if there are grounds for believing Denmark that such portion may not be used in full . Germany 3 040 France 1 Member States shall , not later than 1 October 1977, Ireland 1 notify the Commission of the total imports of the Italy 25 products concerned effected under the Community 15 United Kingdom quotas up to and including 15 September 1977 and, where appropriate , the proportion of each of their 2 . The second tranches , of 1 30 and 425 metric tons initial shares that they are returning to each of the respectively , shall be held as Community reserves . reserves .

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Article 7 2. Member States shall ensure that importers esta­ blished in their territory have free access to the shares The Commission shall keep an account of the shares allocated to them . opened by the Member States pursuant to Articles 2, 3 and 4 and shall , as soon as it has been notified, inform 3 . The extent to which a Member State has used up each State of the extent to which the reserve has been its shares shall be determined on the basis of the quan­ used up. tities of the said goods entered for home use .

It shall inform the Member States , not later than 5 Article 9 October 1977, of the amount still in reserve after amounts have been returned thereto pursuant to Upon a request from the Commission , Member States Article 6 . shall inform it of imports actually charged against their shares . It shall ensure that the drawing which uses up a reserve is limited to the balance available and to this end shall specify the amount thereof to the Member Article 10 State making the last drawing. The Member States and the Commission shall co­ Article 8 operate closely in order to ensure that this Regulation is observed . 1 . Member States shall take all measures necessary to ensure that supplementary shares drawn pursuant Article 11 to Article 4 are opened in such a way that imports may be charged without interruption against their This Regulation shall enter into force on 1 January accumulated shares in the Community quota. 1977 .

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

Done at Brussels, 29 November 1976 .

For the Council

The President

J. A. van KEMENADE