31977R2747

13 . 12 . 77 Official Journal of the European Communities No L 318 /7

COUNCIL REGULATION ( EEC) No 2747 /77 of 5 December 1977 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 ( 1978 )

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 tonnes, the following quanti­ ties may be allocated to each quality of the product in question : 600 tonnes for extra-pure magnesium , Whereas, in an exchange of letters dated 30 June 1 325 tonnes for unwrought magnesium not in alloy 1967, confirmed in an exchange of letters dated 16 and 3 575 tonnes for unwrought magnesium in alloy ; April 1973, the European Economic Community has whereas these figures appear justified both by the undertaken , as regards unwrought magnesium falling former ratios of consumption of these qualities to within tariff subheading 77.01 A, to open an annual total consumption of magnesium and by the supply Community tariff quota for a quantity such that possibilities for these qualities of magnesium within Community requirements for the said goods not 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 1978 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 tonnes ; whereas this assessment is based on conservative estimates and later adjustments are not excluded ; whereas the duties to be applied by the Whereas, however, the available statistics of imports new Member States under the said tariff quota must into the Member States from third countries which comply with the relevant provisions of the Act of did not benefit from an equivalent tariff preference 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 percentage of total imports of the inafter called 'extra-pure magnesium '), in magnesium said goods ; whereas , from the information at present containing 99-8 % or more, but less than 99-95 % , by to hand , it would seem that imports of extra-pure weight of pure magnesium (hereinafter called magnesium are effected almost wholly in the United 'unwrought magnesium not in alloy') and in magne Kingdom :

No L 318 / 8 Official Journal of the European Communities 13 . 12 . 77

should be fixed at 1 195 tonnes of unwrought magne­ 197 ? 1974 1975 sium not in alloy and 3 150 tonnes of unwrought magnesium in alloy, the balances being held as the reserves ; — for unwrought magne­ sium not in alloy : Benelux 6·55 23·18 1004 Whereas the initial shares may be used up more or Denmark 0 0 0 less quickly ; whereas , therefore , in order to avoid Germany 69·93 52·96 55·00 disrupting supplies, any Member State which has France 9·39 7·11 18·18 almost used up one of its initial shares should draw a Ireland 0·01 0·01 0 supplementary share from the relevant reserve ; 3·06 2·21 7·47 Italy whereas this must be done by each Member State as 11·06 14·53 9·31 United Kingdom each one of its supplementary shares is almost used up, as many times as the reserve allows ; whereas the — for unwrought magne­ sium in alloy : 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 001 0 0 extent to which the quota volume has been used up Italy 3·56 2·05 1 - 08 and inform the Member States thereof ; United Kingdom 0·02 0·39 0·8 1 Whereas if, at a given date in the quota period , a Member State has a considerable quantity of one of its Whereas in view of these factors and of market fore­ initial shares left over, it is essential that it should casts for these products in 1978 , it is necessary in the return a significant proportion thereof to the relevant case of extra-pure unwrought magnesium to allocate reserve , to prevent a part of one or other quota volume on an experimental basis the quota volume for this from remaining unused in one Member State while it quality to the Community reserve and to provide for could be used in others ; Member States which have requirements to be met to be able to draw upon this reserve in appropriate quan­ Whereas, since the Kingdom of Belgium , the tities ; whereas it is necessary to fix for the other quali­ Kingdom of the Netherlands and the Grand Duchy of ties of magnesium initial percentage shares at approxi­ Luxembourg are united within and jointly represented mately the following levels : by the Benelux Economic Union , any measure concerning the administration of the shares allocated — for unwrought magnesium not in alloy : to that economic union may be carried out by any one of its members , Benelux 16·74 Denmark 0·04 67·80 Germany France 3·34 HAS ADOPTED THIS REGULATION : Ireland 0·04 0·33 Italy 1 1·71 Article I United Kingdom

— for unwrought magnesium in alloy : 1 . From 1 January to 31 December 1978 , a Community tariff quota of 5 500 tonnes shall be Benelux 2·12 opened in the Community for unwrought magnesium Denmark 0·03 falling within subheading 77.01 A of the Common 96·50 Germany Customs Tariff . France 0·03 Ireland 0·02 2 . The volume of the tariff quota shall be divided 0·80 Italy as follows : 0·50 United Kingdom (a) 600 tonnes for unwrought magnesium containing 99-95 % or more by weight of pure magnesium Whereas, in order to take more accurate account of ('extra-pure magnesium '), intended for the nuclear future import trends for unwrought magnesium not in industry . Control of the use for this special alloy and in alloy, the total quota volume for these purpose shall be effected pursuant to the relevant qualities should be divided into two tranches, the first Community provisions ; being allocated among the Member States and the second held as a reserve to cover at a later date the (b) 1 325 tonnes for unwrought magnesium requirements of Member States who have used up containing 99-8 % or more, but less than their initial shares ; whereas , in order to guarantee 99-95 % , by weight of pure magnesium importers some degree of security , the first tranches ('unwrought magnesiun: not in alloy') ;

13 . 12 . 77 Official Journal of the European Communities No L 318 / 9

(c) 3 575 tonnes for unwrought magnesium reserve where Article 6 is applied , has been used up , containing less than 99-8 % by weight of pure that Member State shall without delay, by notifying magnesium ('unwrought magnesium in alloy'). the Commission , draw a second share equal to 10 % of its initial share , where necessary rounded off 3 . Imports of the said goods shall not be counted upwards to the next unit, in so far as permitted by the under the tariff quota if they are already free of amount of the reserve . customs duties under other preferential tariff treat­ ment . 2 . If, after one or other of its initial shares has been used up, 90 % or more of the second share drawn by 4. Within the tariff quota the Common Customs a Member State has been used up, that Member State Tariff duties shall be totally suspended . 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 tonnes referred to in Article 1 (2) (a), allocated to extra-pure unwrought magnesium 3 . If, after one or other of its second shares has intended for the nuclear industry, shall be allotted to been used up, 90 % or more of the third share drawn 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 extent permitted by the amount of the reserve, a suffi­ This process shall continue to apply until the reserves cient share of the reserve thus set up . 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 amounts to 1 195 that those fixed might not be used up . It shall inform tonnes for unwrought magnesium not in alloy and the Commission of its reasons for applying this para­ 3 150 tonnes for magnesium in alloy shall be divided graph . among the Member States . The shares, which are valid up to 31 December 1978 , subject to Article 6 , amount Article 5 to the following quantities : Supplementary shares drawn pursuant to Article 4 (a) for unwrought magnesium not in alloy : shall be valid until 31 December 1978 . (ton ties) Benelux 200 Article 6 Denmark 0-5 810 Member States shall return to the reserve, not later Germany France 40 than 1 October 1978 , the unused portion of their Ireland 0-5 initial shares which , on 15 September 1978 , is in Italy 4 excess of 20 % of the initial amount. They may return United Kingdom 140 a greater portion if there are grounds for believing that such portion may not be used in full . (b) for unwrought magnesium in alloy : Member States shall , not later than 1 October 1978 , (tonnes) notify the Commission of the total imports of the Benelux 67 products concerned effected under the Community Denmark 1 quotas up to and including 15 September 1978 and, Germany 3 040 where appropriate, the proportion of each of their France 1 initial shares that they are returning to each of the Ireland 1 reserves . Italy 25 United Kingdom 15 Article 7

The Commission shall keep an account of the shares 2 . The second tranches , of 130 tonnes and 425 opened by the Member States pursuant to Articles 2, 3 tonnes respectively, shall be held as Community and 4 and shall , as soon as it has been notified , inform reserves . each State of the extent to which the reserve has been used up . Article 4 It shall inform the Member States , not later than 5 1 . If 90 % or more of one of a Member State 's October 1978 , of the amount still in reserve after initial shares as specified in Article 3 ( 1 ), or of that amounts have been returned thereto pursuant to share minus the portion returned to the relevant Article 6 .

No L 318 / 10 13 . 12 . 77 Official Journal of the European Communities

It shall ensure that the drawing which uses up a Article 9 reserve is limited to the balance available , and to this end shall specify the amount thereof to the Member Upon a request from the Commission , Member States State making the last drawing. shall inform it of imports actually charged against their shares . Article 8

1 . Member States shall take all measures necessary Article 10 to ensure that supplementary shares drawn pursuant to Article 4 are opened in such a way that imports The Member States and the Commission shall coop­ may be charged without interruption against their erate closely in order to ensure that this Regulation is accumulated shares in the Community quota. observed . 2. Member States shall ensure that importers esta­ blished in their territory have free access to the shares allocated to them . Article 11 3 . The extent to which a Member State has used up its shares shall be determined on the basis of the quan­ This Regulation shall enter into force on 1 January 1978 . tities of the said goods entered for home use .

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

Done at Brussels, 5 December 1977 .

For the Council The President

A. HUMBLET