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COM (85) 718 
 
 
 
Vol. 1985/0 249 
  
 
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concernant l'ouverture au public des archives historiques de la Communauté économique 
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening to the public of the historical archives of the European Econom ic 
Communit y and the European Atom ic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
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file have been declassified in conformity with Article 5 of the aforementioned regulation. 
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 1983 über die Freigabe der historischen Archive der Europäischen 
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983, 
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COMMISSION OF THE EUROPEAN COMMUNITIES
C0PK85) 718 final  
Brussels, 12 December 1985
Proposal for a  
CQyNCIL_REGULATION_(EEC)
on export arrangements for certain types of non-ferrous metal
waste and scrap
(submitted to the Council by the Commission)
COM(85) 718 final

EXPLANATORY MEMO
1. Under Council Regulation (EEC) No 3629/84 of 19 December 1984 exports  
of aluminium and lead waste and scrap (CCT 7601 B and 7801 B) were made  
subject, for 1985, to a system of surveillance involving production of a  
prior export licence to be issued according to procedures to be laid down.
Exports of copper ash and residues and copper waste and scrap (CCT ex 2603  
and 7401 D) were made subject, for 1985, to quotas.
2. The Commission believes that, in view of the provisions of  
Regulation 2603/69 establishing common rules for exports,^ and having  
studied the Community market for these products, the surveillance  
arrangements in force in 1985 for aluminium and lead waste should be  
renewed.
3. The Commission also believes that the export quotas for copper ash and  
residues and copper waste and scrap should be retained.
Community copper refiners are still experiencing difficulties with the  
supply of copper products (concentrates, ash and residues, waste and scrap  
and copper blister)^ these difficulties are caused partly by a structural  
self-suff i  ci ency weakness (65% of net supplies of the products in question  
are from external sources) and partly by distortions on the international  
market created by the trade policy of some non-member countries. In  
addition, with the present imbalance of tariff and non-tariff measures in  
the copper sector, there is still a real danger of shortage, as shown by  
the fact that there is provision in Spain's Accession Treaty for  
quantitative restrictions on exports of certain copper products (ash and  
residues, waste and scrap) to Spain from the other Member States for a  
minimum of two years.
'0J L 335, 22.12.1984, p. 7.  
20J L 324, 27.12.1969, p. 25.

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However, adjustments have to be made to the quotas in order to take  
account of the accession of Portugal and Spain to the Community on  
1 January 1986.
Two adjustments are required:
- the inclusion in the Community quotas of quantities to cover Portuguese  
and Spanish exports to non-member countries;
- the setting up of a quota for exports to Spain from the Community of  
Ten, in accordance with the provisions of Spain's accession Treaty  
to the Community.
4. The Regulation 2603/69 Advisory Committee has been consulted. All the  
Member States were in favour of maintaining surveillance over aluminium  
and lead waste. On the question of copper products, there was a divergence  
of views.
Two Member States questioned the grounds for retaining quotas; they  
thought the criteria for fixing quotas laid down in Council  
Regulation 2603/69 establishing common rules for exports had not been  
satisfied. These Member States argued that there was no shortage, nor  
danger of a shortage, of these products.
The other Member States believed that quotas should be retained.
The Commission believes that continued surveillance for aluminium and  
lead waste and quotas for copper ash and waste is the most appropriate  
solution. Quotas for copper products are larger than the 1985 quotas to  
take account of certain Member States' requests and the fact that the  
need to deduct quantities for export to Spain would have otherwise resulted,  
in the case of the quotas for waste, in overly limited possibilities of  
export to non-member countries for certain Member States.
The Council is thus requested to adopt the attached Regulation.

Proposal for a  
CQUNCIL_REGULATION IEEC)
on export arrangements for certain types of non-ferrous metal
waste and scrap
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular  
Article 396 thereof.
Having regard to Council Regulation (EEC) No 2603/69 of 20 December 1969  
establishing common rules for exports,^ as Last amended by Regulation (EEC)
No 1934/82,2 anc|  - j n particular Article 7 thereof,
Having regard to Council Regulation (EEC) No 1023/70 of 25 May 1970 ^
establishing a common procedure for administering quantitative quotas,  
as last amended by the 1979 Act of Accession of Greece, and in particular  
Article 2 thereof,
Having regard to the proposal from the Commission,
4Whereas under Council Regulation (EEC) No 3629/34 exports of aluminium and lead  
waste and scrap were made subject, for 1985, to production of a prior  
export licence to be issued by the appropriate authorities of the Member  
States according to procedures to be laid down; whereas this arrangement  
expires on 31 December 1985; whereas it is advisable to retain it for  
1986 with a view to following closely the evolution of the products  
concerned;
Whereas in the case of copper ash and residues and copper waste and scrap  
Community refiners are still experiencing supply difficulties; whereas  
these difficulties derive from both a structural self-sufficiency weakness  
and distortions on the international market created by the trade policy of  
certain non-member countries; whereas with the present imbalance of  
tariff and non-tariff measures in the copper sector, there is still a  
danger of shortage; whereas the export quotas in force in 1985 under  
Regulation No 3629/84 should be retained for 1986;
0J L 324, 27.12.1969, p. 25.  
20J L 211, 20.7.1982, p. 1.  
30J L 124, 8.6.1970, p. 1.
40J L 335, 22.12.1984, p. 7.

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Whereas, in accordance with the provisions of Article 45 of the Act  
of Accession of Spain and Portugal, exports to Spain from
the Community of Ten of copper ash and residues and copper waste and scrap  
are to be restricted for a transitional period;
Whereas the estimate of requirements is a satisfactory criterion for the  
allocation of the said quotas;
Whereas the provisions relating to the monitoring of intra-Community trade  
laid down in Commission Regulation (EEC) No 223/77 of 22 December 1976 on  
provisions for the implementation of the Community transit procedure and  
for certain simplifications of that procedure^ apply only if the measures  
introducing export restrictions provide for their application;
Whereas the Committee set up by Regulation (EEC) No 2603/69 has been  
consulted,
Whereas pursuant to Article 2(3) of the Treaty of Accession the institutions  
of the Community may adopt before accession the measures referred to in Article  
396 of the Act, such measures entering into force subject to and on the date of the entry  
into force of that Treaty,
HAS ADOPTED THIS REGULATION:
Article 1
1. Community exports between 1 January and 31 December 1986 of aluminium  
waste and scrap falling within subheading 76.01 B of the Common Customs  
Tariff and lead waste and scrap falling within subheading 78.01 B shall
be subject to production of an export licence to be issued by the appropriate  
authorities of the Member States. The licence shall be issued free of  
charge, for such quantities as are requested subject to the provisions  
set out below.
2. The export licence shall be issued within not more than 15 working  
days of the date of the application, on presentation by the applicant of a  
sales contract for the entire quantity applied for.
The licence shall be valid for two months.
3. Each Member State shall inform the Commission of the following  
within the first 15 days of each month:
(a) the quantities in tonnes and the prices of the products for which  
export licences have been issued during the previous month;
(b) the quantities in tonnes of products which have been exported  
during the month preceding that referred to under point (a);
50J No L 38, 9.2.1977, p. 20.

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(c) the quantities in tonnes authorized for export or exported as part of  
inward or outward processing arrangements;
(d) the third country of destination.
The Commission shall pass this information to the Member States.
Article 2
Community export quotas shall be established as follows  
for 1986:
(tonnes)
CCT
heading
NoDescript i  on Quantity
ex 26.03 
ex 74.01 DAsh and residues of copper and  
copper alloys
Waste and scrap of copper and  
copper alloys23 800 
30 200
Article 3
For 1986, exports to Spain from the Community of Ten shall be restricted  
to the quantities set out below:
(tonnes)
CCT
heading
NoDescript i  on Quant i  ty
ex 26.03 
ex 74.01 DAsh and residues of copper and  
copper alloys
Waste and scrap of copper and  
copper alloys5 000 
14 000
Article 4
The quotas fixed in Articles 2 and 3 shall be allocated according to the  
estimate of requirements.
Article 5
1. Exports of the goods referred to in Article 2 shall not be charged  
against the quota of the exporting Member State:

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- where the goods are exported in the unaltered state or as compensating  
products within the meaning of Council Directive 69/73/EEC of
4 March 1969 on the harmonization of provisions laid down by law,  
regulation or administrative action in respect of inward processing^  
as long as goods complying with the conditions of Articles 9 and 10  
of the Treaty are not used in the manufacture of the said compensating  
products.
Equivalent compensation shall not be authorized;
- where goods not complying with Articles 9 and 10 of the Treaty are  
exported after having been placed in customs warehouses in accordance  
with Council Directive 69/74/EEC of 4 March 1969 on the harmonization  
of provisions laid down by law, regulation or administrative action  
relating to customs warehousing procedure^ or in free zones in  
accordance with Council Directive 69/75/EEC of 4 March 1969 on the  
harmonization of provisions laid down by law, regulation or  
administrative action relating to free zones^. Where the goods have  
been obtained under an inward processing arrangement the conditions  
referred to in the first indent must be observed.
The provisions of Article 1(3)Cc)  and (d) shall apply.
2. Temporary exports of the goods referred to in Article 2 shall be  
charged against the quota of the exporting Member State.
However, decisions allowing goods not to be exchanged under the arrangements  
provided for by Council Directive 76/119/EEC of 18 December 1975 on the  
harmonization of provisions laid down by law, regulation or administrative  
action in respect of outward processing^ may be taken by the procedure  
set out in Article 11(2) and (3) of Regulation (EEC) No 1023/70.
Article 6
The provisions of Title III of Regulation (EEC) No 223/77 shall apply to  
the movement within the Community of the products listed in Article 2.
Article 7
The Council shall decide in due time, and in any case before 31 December 1986,  
on the measures to be taken regarding the export of the products listed in  
Articles 1, 2 and 3 after the validity of this Regulation has expired.
0J No L 58, 8.3.1969, p. 1.
20J No L 58, 8.3.1969, p. 7.
30J No L 58, 8.3.1969, p. 11.
40J No L 24, 30.1.1976, p. 58.

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Article 8
This Regulation shall enter into force on 1 January 1986 and expire  
on 31 December 1986.
However, Article 3 shall apply subject to the entry into force of the  
Treaty of Accession of Spain and Portugal.
This Regulation shall be binding in its entirety and directly applicable  
in all Member States.
Done at Brussels, For the Council