ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
COLLECTION RELIEE DES 
DOCUMENTS "COM" 
 
 
 
 
COM (83) 707 
 
 
 
Vol. 1983/0 253 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
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, 
27.9.2003, p. 1), t his file is open to the public. Where necessary, classified documents in this 
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. 
Februa r 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 v om 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION OF THE EUROPEAN COMMUNITIES
COM(83) 707 final.
Brussels, 28 November 1983
Proposal for a  
COUNCIL REGULATION (EEC)
on export arrangements for certain types of non-ferrous metal waste
and scrap
(submitted to the Council by the Commission)
COM(83) 707 final

EXPLANATORY MEMORANDUM
(1)1. In compliance with Council Regulation (EEC) No 2603/69 and Council
(2)Regulation (EEC) No 3440/82 of 21 December 1982 , the Council subjected
for 1983 Community exports of aluminium and lead waste and scrap within  
the meanings of tariff subheading 76.01 B and 78.01 B, to the presentation  
of an export licence issued automatically by the relevant authorities of the  
Member States by the procedures laid down.
As regards aluminium waste and scrap, the issue of export licences was  
recently suspended (  Commission Regulation (EEC) No 2822/83 - 0J No. L  
278, 11 October 1983) until 31 December 1983.
Under the above-mentioned Regulation No. 3340/82 copper ash and residues  
(CCT Heading No. ex 26.03) and copper waste and scrap (CCT heading No  
ex 74.01 D) were also subjected to quantitative export quotas for 1983.
2. The Advisory Committee set up under Regulation No. 2603/69 met to examine  
what arrangements should be made for 1984.
a) Copper - The conditions laid down in Regulation No 2603/69 justify  
the maintenance in 1984 of an export quota system both for "ash and  
residues" and for "waste and scrap". The first of these quotas,  
however, will be examined in detail during the year to see whether it  
can be slackened for 1985. To improve the functioning of the Community  
reserve, which is too limited, the total amount of the second quota  
has been increased, thus allowing the reserve to be pushed up from
900 to 3 000 tonnes.
b) Aluminium - Through the monitoring system in operation for aluminium waste  
and scrap since 1981^ the Community took action at the beginning of
(4)October and suspended the issue of export licences until 31 December 1983  
This conservatory measure was taken in the light of a particularly high
./..
(1) Regulation establishing common rules for exports (0J L 324, 27.12.1969,p.25).
(2) 0J L 362, 23.12.1982, p.5
(3) Production of prior export licence for a period of two months to be issued  
within 15 working days of receiving the request for a licence and presentation  
of a sales contract for the volume involved.
(4) Commission Regulation (EEC) No 2822/83 of 6 October 1983 (OJ L 287, 11.10.1983,  p.14).

-  2 -
M )rate of increase in exports during the first six months of 1983 , which, if
it continued, could in the long term result in a critical situation due to  
a shortage. Assessment of the situation also had to take into account the  
tension on the world aluminium market brought on, amongst other things, by  
structural changes in the production of this metal.
It does not appear from the examination of the situation regarding the arrange­
ments for 1984, carried out subsequently, in particular by the Advisory  
Committee set up under Regulation No 2603/69, that the conditions are such  
as to justify restrictions on exports as from 1 January next.
Community exports have increased progressively since 1981, especially during  
the first six months of this year. This trend has probably been influenced  
by various factors, these including:
(i) structural changes in the production of aluminium on certain markets,  
with increased use of waste and scrap (reductions in the first melt  
and increased production of second melt: particularly in Japan and  
the United States);
(ii) reduced availability of waste and scrap on the world market (greater demand  
for the product on the North American market, traditionally the main  
exporter);
(iii) substantial increase as from 1983 in the price of the metal on the  
world market.
The continued high prices for aluminium on the world market have also
had the effect, during the second half of 1983 and in particular in
North.America, of releasing certain primary aluminium production capacities,
which, despite an increase in demand owing to the economic recovery, should
gradually reduce the pressure on the demand for second melt aluminium
and hence waste and scrap.
(1)The monthly average of Community exports in aluminium waste and scrap of  
2 989 tonnes in January 1983 had become 5 810 tonnes by the following June.

- 3 -
The North American market, which plays a major part in supplying the  
world market with aluminium waste and scrap and which has considerably  
reduced its support, especially in 1982, seems to be changing course. In  
the last four months of 1983 exports have increased progressively and look  
like equalling or exceeding the 1981 level.
The Japanese market, to which Community exports of aluminium waste and scrap  
have developed rapidly since the middle of 1982 and throughout 1983, remains  
the biggest world importer for these products. Hence, although the production  
of secondary aluminium in Japan is tending to*stagnate (this being offset  
by the increase in metal aluminium imports), Community exports to Japan  
remain an economic reality which, in view of the absorption potential of the  
market in question, need to be watched closely. Nonetheless, one of the  
factors that has contributed to the increase of Community exports of aluminium  
waste and scrap to Japan, i.e. the market price differential between the  
two markets, has since narrowed considerably.
Although this analysis does not suggest that the situation warrants restrictive  
measures to "prevent a critical situation due to a shortage" of the  
production in question, developments on the world and Community markets must  
nonetheless be watched very closely. A sharp increase in world demand,  
an excessive rise in Community exports linked with a considerable drop  
in the Community's traditional imports, and short supply on the world  
market could create a situation where Community action is needed. This  
eventuality, which does not warrant restrictive measures as such, nonetheless  
shows the need to renew Community monitoring of aluminium waste and scrap  
exports in 1984.
c) Lead - Community exports in lead waste and scrap, freed in July 1981 and  
subjected since then to monitoring, although showing a considerable  
increase in 1982 and 1983 (first six months), have not developed to such  
an extent that, taking account of the various factors involved (consumption,  
internal availability, net external supply), export restrictions might  
be warranted.

- 4 -
In any case, the Community monitoring system, which should be continued,  
allows exports to be closely watched and thus provides the possibility,  
where necessary, for appropriate measures to be taken.
d) Processing traffic - Copper ash and residues or waste and scrap resulting  
from inward processing traffic - so far charged against the quotas except  
in certain cases - will be exported freely and without deduction subject to  
statistics of the actual operations. The charging system (allowing for  
exceptions) remains unchanged, however, when temporary exports are involved  
for outward processing.  In specific cases the absence of a prior examination  
may be a way of evading the actual purpose of the export quota system.
3. The Commission considers therefore that there should be an export quota system  
for copper ash and residues and copper waste and scrap for 1984. Similarly, a  
monitoring system for a luminium and lead waste and scrap should be retained  
through the prior issue, by the procedures laid down, of export licences.
Given that export trends for the products in question and the different aspects  
of the economic and commercial situation could lead to the situation described  
in Regulation No 2603/69, the Commission feels that the monitoring system should  
be properly applied, in particular by regular submission within the set times  
of the figures required to provide a basis for a constant assessment of  
developments on the Community and world markets in these products.
The Commission also recalls that if, at the request of a Member State or on  
its own initiative and in the event of a critical situation of the kind described  
in Regulation No 2603/69, protective measures were to prove necessary, the  
consultation and decision procedures laid down in Regulation No 2603/69, and in  
particular Article 6 thereof, will be applied to the letter.
The Commission proposes that the Council adopt the attached draft Regulation.

Proposal for a  
COUNCIL REGULATION (EEC)
on export arrangements for certain types of non-ferrous metal was"e and scrap
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing  
the European Economic Community,
Having regard to Council Regulation (EEC)
No 2603/69 of 20 December 1969 establishing  
common rules for exports (1), as last  
amended by Regulation (EEC) No 1934/82 and  
in particular Article 7 thereof,
Having regard to Council Regulation (EEC)
No 1023/70 of 25 May 1970 establishing a  
common procedure for administering quanti­
tative quotas (3), as last amended by the  
Act of Accession of Greece and in particular  
Article 2 thereof,
Having regard to the proposal from the  
Commission,
Whereas, under Council Regulation (EEC) No  
3440/82 (4) exports of aluminium and lead  
waste and scrap were made subject, for 1983,  
to production of a prior export licence to be  
issued by the relevant authorities of the  
Member States according to procedures to be  
laid down; whereas this arrangement expires  
on 31 December 1983; whereas for aluminium  
waste and scrap the issue of export licences 
has been suspended by Council Regulation  
(EEC) No /83 (5) until 31 December 1983;
Whereas, in order to avoid supply difficulties  
for copper ash and residues and for copper  
waste and scrap, Community quantitative export  
quotas were fixed in Regulation (EEC) No 3440/82;  
whereas these quotas remain in force until  
31 December 1983;
Whereas it has proved necessary to retain, for  
1984, the quantitative export quotas in force  
for copper products and the export licence  
arrangement for aluminium and lead products;  
whereas this arrangement should enable, by the  
monitoring procedures laid down, export trends  
in these products to be followed closely since  
some of them in particular have shown a rapid  
increase in the course of the year;Whereas the estimate of requirements is  
a satisfactory criterion for the allr  
cation 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 (6)  
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;
HAS ADOPTED THIS REGULATION:
Article 1
<!1) 0J No
(2) 0J No
(3) 0J No
(4) 0J
(5) 0JNo
No327,  27.12.1969, p. 25  
211, 20.7.1982, p. 1  
124, 8.6.1970, p. 1  
362, 23.12.1982, p. 5L 
L 
L 
L 
L
(6) 0J No L 38, 9.2.1977, p. 201. Community exports between 1 January  
and 31 December 1984 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 relevant 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 request or presentation  
by the applicant of a sale contract for  
the entire quantity requested.
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);
(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 infor­
mation to the Member States.

- 2 -
Article 2
Conmunity quantitative export quotas shall  
be established as follows for 1984:
(tonnes)
CCT
headi ng Description Quantity
No
ex 26.03 Ash and residues of
copper and copper
a Hoys 22 300
ex 74.01 D Waste and scrap of
copper and copper
alloys 34 800relating to customs warehousing  
procedure (2) 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 (3).
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)(c) 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  
(4) may be taken by the procedure set  
out in Article 11(2) and (3) of  
Regulation (EEC) No 1023/70 following  
consultation of the Committee for  
Customs Processing Arrangements set up  
by Article 26 of Directive 69/73/EEC.
Article 5
Regulation (EEC) No 223/77 shall apply  
;to the movement within the Community  
of the products listed in Article 2.
Article 6
The Council shall decide in due time and  
in any case before 31 December 1984 on 
the measures to be taken regarding the  
export of the products listed in  
Articles 1  and 2 after the validity  
of this Regulation has expired.
Article 7
This Regulation shall enter into force  
on 1  January 1984.
It shall apply until 31 December 1984.
This Regulation shall be binding in its entirety and directly applicable in all  
Member States.Article 3
The quotas fixed in Article 2 shall be  
allocated according to the estimate of  
requirements.
Article 4
1. Exports of the goods referred to in  
Article 2 shall not be charged against the  
quota of the exporting Member State:
- 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 1979 on the harmoni­
zation of provisions laid down by law,  
regulation or administrative action in  
respect of inward processing (1) as long
as goods complying with the conditions of  
Artie les 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 harmoni­
zation of provisions laid down by law,  
regulation or administrative action
Done at Brussels, For the Council
(1) 0J No L 58, 8.3.1969, p. 1
(2) 0J No L 58, 8.3.1969, p. 7(3) 0J No L 58, 8.3.1969, p. 11
(4) OJ No L 24, 30.1.1976, p. 58