31986R4052

31 . 12 . 86 Official Journal of the European Communities No L 377 / 31

COUNCIL REGULATION ( EEC ) No 4052 / 86

of 22 December 1986

on export arrangements for certain types of non-ferrous metal waste and scrap

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas the estimate of requirements is a satisfactory criterion for the allocation of quotas among third countries; whereas, in the case of the limits on exports to Spain and in order to ensure a greater measure of flexibility Having regard to the Treaty establishing the European in the use made of such limits , it is preferable that no Economic Community , provision be made for allocation among Member States ;

Whereas the provisions relating to the monitoring of Having regard to Council Regulation ( EEC ) No 2603 / 69 intra-Community trade laid down in Commission of 20 December 1969 establishing common rules Regulation ( EEC ) No 223 / 77 of 22 December 1976 on for exports (*), as last amended by Regulation (EEC ) provisions for the implementation of the Community No 1934 / 82 ( 2 ), and in particular Article 7 thereof, transit procedure and for certain simplifications of that procedure ( 5 ) apply only if the measures introducing export restrictions provide for their application ; Having regard to Council Regulation (EEC ) No 1023 / 70 Whereas the Committee set up by Regulation ( EEC ) of 25 May 1970 establishing a common procedure for No 2603 / 69 has been consulted , administering quantitative quotas ( 3 ), as last amended by the Act of Accession of Greece , and in particular Article 2 thereof, HAS ADOPTED THIS REGULATION :

Having regard to the proposal from the Commission ,

Article 1 Whereas , under Regulation (EEC ) No 3680 / 85 ( 4 ), 1 . Community exports between 1 January and 31 exports of aluminium and lead waste and scrap were made December 1987 of aluminium waste and scrap falling subject, for 1986 , to production of a prior export licence to within subheading 78.01 B of the Common Customs Tariff be issued by the appropriate authorities of the Member and lead waste and scrap falling within subheading 78.01 B States according to procedures to be laid down ; whereas shall be subject to production of an export licence to be this arrangement expires on 31 December 1986 ; whereas it issued by the appropriate authorities of the Member States. is advisable to retain it for 1987 with a view to following The licence shall be issued free of charge, for such closely the evolution of the products concerned ; quantities as are requested subject to the provisions set out below .

Whereas Community refiners are continuing to experience supply difficulties over the whole spectrum of copper 2 . The export licence shall be issued within not more than materials ; whereas these difficulties derive in particular 15 working days of the date of the application , on from the current imbalance of tariff and non-tariff presentation by the applicant of a sales contract for the measures in the world copper market ; whereas the quota entire quantity applied for. system in force in 1986 under Regulation ( EEC ) No 3680 / 85 should , therefore , be maintained in 1987 for The licence shall be valid for two months . export of copper ash and residues and copper waste and scraps ; 3 . Each Member State shall inform the Commission of the following within the first 15 days of each month :

Whereas , in accordance with Article 45 of the Act of ( a) the quantities in tonnes and the prices of the products Accession, exports to Spain from the Community of Ten of for which export licences have been issued during the copper ash and residues and copper waste and scrap must previous month ; be restricted for a transitional period ; ( b ) the quantities in tonnes of products which have been exported during the month preceding that referred to under point ( a ); (») OJ No L 324 , 27 . 12 . 1969 , p. 25 ( 2 ) OJ No L 211 , 20 . 7 . 1982 , p. 1 . (') OJ No L 124 , 8 . 6 . 1970 , p. 1 . (<) OJ No L 351 , 28 . 12 . 1985 , p. 5 . ( 5) OJ No L 38 , 9 . 2 . 1977 , p. 20 .

No L 377 / 32 Official Journal of the European Communities 31 . 12 . 86

( c) the quantities in tonnes authorized for export or complying with the conditions of Articles 9 and 10 of exported as part of inward or outward processing the Treaty are not used in the manufacture of the said arrangements ; compensating products;

( d ) the third country of destination . (b) where goods not complying with Articles 9 and 10 of The Commission shall pass this information to the Member the Treaty are exported after having been placed in States . customs warehouses in accordance with Council Directive 69 / 74 / EEC of 4 March 1969 on the harmonization of provisions laid down by law, Article 2 regulation or administrative action relating to customs warehousing procedure ( 2 ), or in free zones in Community export quotas shall be established as follows accordance with Council Directive 69 / 75 / EEC of for 1987 : 4 March 1969 on the harmonization of provisions laid (tonnes) down by law , regulation or administrative action relating to free zones ( 3 ). CCT heading Description Quantity No Article 1 (3 ) (c) and (d ) shall apply.

ex 26.03 Ash and residues of copper and copper alloys 28 000 2 . Temporary exports of the goods referred to in Article 2 ex 74.01 D Waste and scrap of copper and shall be charged against the quota of the exporting Member copper alloys 33 200 State .

However, decisions allowing goods not to be exchanged Article 3 under the arrangements provided for by Council Directive 76 / 119 / EEC of 18 December 1975 on the harmonization For 1987 , exports to Spain from the Community of Ten of provisions laid down by law, regulation or shall be restricted to the quantities set out below : administrative action in respect of outward processing ( 4 ) may be taken by the procedure set out in Article 11(2) and (tonnes) ( 3 ) of Regulation ( EEC) No 1023 / 70 .

CCT heading Description Quantity No

Article 6 ex 26.03 Ash and residues of copper and copper alloys 5 500 Title III of Regulation ( EEC ) No 223 / 77 shall apply to the ex 74.01 D Waste and scrap of copper and movement within the Community of the products listed in copper alloys 15 400 Article 2 .

Article 4 Article 7 The quotas fixed in Article 2 shall be allocated according to the estimate of requirements . The Council shall decide in due time , and in any case before 31 December 1987 , on the measures to be taken regarding the export of the products listed in Articles 1 , 2 and 3 after this Regulation has expired . Article 5

1 . Exports of the goods referred to in Article 2 shall not be charged against the quota of the exporting Member State : Article 8

( a) Where the goods are exported in the unaltered state or This Regulation shall enter into force on 1 January and as compensating products under the inward processing expire on 31 December 1987 . relief arrangements , suspension system , provided for in Regulation ( EEC ) No 1999 / 85 (*), as long as goods

( 2 ) OJ No L 58 , 8 . 3 . 1969 , p. 7 . ( 3 ) OJ No L 58 , 8 . 3 . 1969 , p. 11 . ( 1 ) OJ No L 188 , 20 . 7 . 1985 , p. 1 . ( 4 ) OJ No L 24 , 30 . 1 . 1976 , p. 58 .

31 . 12 . 86 Official Journal of the European Communities No L 377 / 33

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

Done at Brussels , 22 December 1986 .

For the Council

The President

G. SHAW