CELEX: 51975PC0566
Language: en
Date: 1975-11-12
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL amending Regulation (EEC) No 3174/74 in respect of the breakdown of the quota volume opened among the three qualities of unwrought magnesium (Submitted by the Commission to the Council.)

ARCHIVES HISTORIQUES
DE LA COMMISSION
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DOCUMENTS "COM"
COM (75) 566
Vol. 1975/0212
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 ---pagebreak---    COAAMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM ( 75 ) 566 final .
                                                   Brussels , 12 November 1975 .
                                                                             .   <
\
                             Proposal for a
                      REGULATION ( EEC ) OF THE COUNCIL
 !                     t
          amending Regulation ( EEC)' No 3174 / 74 in respect of
       the breakdown of the quota volume opened among the three
                     qualities of unwrought magnesium
                                                                     χ
                  ( Submitted by the Commission to the Council .)
   COM ( 75 ) 566 final
               /
 ---pagebreak---                             EXPLANATORY  MEMORANDUM
1.     By exchange of letters with the Scandinavian delegation (Document
       NCG(67)44 Rev of 13 October 1967 , Annexes NORD 2 and 5 ) the European
       Economic Community undertook to open an annual tariff quota for
       unwrought magnesium the volume of which would be calculated to allow
       that part of the Community 's consumption that was not covered by
       Community production to be imported at a nil rate of duty as from the
       entry into force of the Geneva Protocol ( 1967 ).
2.     The Council accordingly by Regulation ( EEC ) No 3174 / 74 of 11 December
       1964' opened and allocated among the Member States a Community tariff
       quota for 1975 the total the total volume of which was fixed at 12 000
       metric tons on the basis of estimates made at the end of 1974 ; an
       adjustment during the quota period was not however excluded .
3*     On a first examination of the state of the Community magnesium market
       made at a meeting of the Group on Economic Tariff Problems on 15 May 1975
       it was evident that the quota volume of 12 000 metric tons opened at the
       beginning of the year would , at least as far as the immediate future was
       concerned , amply cover the Community 's requirements in unwrought magnesium .
       It was agreed however that the matter should be reconsidered in the autumn
       on the basis of more precise economic data and taking account as far as
       possible of the development of the economic recession .
       Reconsideration took place on 1 October at a further meeting of the Group
       and it was confirmed that the initial tariff quota volume plus Community
       production of the metal was sufficient to cover the Community 's total
       requirements of unwrought magnesium until the end of the year . It was
       also clear that the marked decline in Community consumption of unwrought
       magnesium in alloy and the current insufficiency of available Community
       supplies of extra-pure magnesium necessitated an amendment of the
       breakdown of the quota among the three qualities currently listed by
       transfering specific quantities from the available reserve of the quota
       portion allotted to unwrought magnesium in alloy to the portions of the
       same quota allotted to extra-pure unwrought magnesium and unwrought
       magnesium not in alloy .
( 1 ) OJ No L 339 of 18.12.1974 , p. 1 ,
 ---pagebreak---                                    2
In view of the fact that Community production is geared mainly to
unwrought magnesium not in alloy and only secondarily to the other
qualities and of the stocks established in Member States which are
magnesium producers , the quantities to be transferred may be limited
to 800 metric tons for unwrought magnesium not in alloy and to 200
metric tons for extra-pure magnesium .
This is the intention of the proposed regulation , in which the Commission
proposes
( a ) the apportionment of the 800 metric tons of unwrought magnesium not
      in alloy among the Member States in accordance with the key adopted
      in Regulation No 3174 / 74 ;
( b ) the assignment of the 200 metric tons of unwrought extra-pure
      magnesium to the Community reserve established under Article 2(2 )
      of Regulation No 3174 /74 .
 ---pagebreak---                               Proposal for a
              Regulation (EEC ) No        / 75 of the Council
                              of
         amending Regulation (EEC ) No 3174 / 74 in respect of the
          breakdown of the quota volume opened among the three
                    qualities of unwrought magnesium
The Council of the European Communities ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ;
Having regard to the proposal from the Commission ;
Whereas , by its Regulation (EEC) No 3174 /74 of 11 December 1 974 ^ the Council
opened for 1975 , a Community tariff quota for unwrought magnesium falling within
subheading 77.01 A of the Common Customs Tariff , the total volume of 12 000
metric tons of which was assigned as follows : 700 metric tons for extra-pure
magnesium, 1 500 metric tons for unwrought magnesium not in alloy and 9 800
metric tons for unwrought magnesium in alloy ;
Whereas , having regard to the most recent economic information for the year
1975 , on consumption , production , export to third countries , importations made
under the inward processing arrangements or other tariff preference scheme and
to the abnormal stocks existing in certain Member States , there is reason to
assume that the total requirements of the Community in unwrought magnesium
will be fully covered by Community production and by the tariff quota of
12 000 metric tons opened on 1 January 1975 by the above-mentioned Regulation ;
whereas there is therefore no need to contemplate an increase in the volume
of this tariff quota ;
Whereas , having regard to the marked decline in Community consumption of
unwrought magnesium in alloy and to supplies available in the Community , there
is reason to amend the breakdown of the above-mentioned volume of 12 000 metric
tons among the qualities of unwrought magnesium by transferring from the
available Community reserve for unwrought magnesium in alloy quantities of 200
and of 800 metric tons to the portions of the tariff quota allotted to the
0J No L 339 , 18.12.1974 , p. 1
 ---pagebreak---                                                 2
to the extra-pure magnesium and to the magnesium not in alloy respectively ;
Whereas as regards the unwrought magnesium not in alloy it is appropriate to          »->
apportion definitively the supplementary volume of 800 metric tons among the
Member States approximately in accordance with scale adopted for this quality
of magnesium in the above-mentioned Regulation (EEC ) No 3174 /74 ; whereas
on the contrary the volume of 200 metric tons reserved for extra-pure unwrought
magnesium should be wholly assigned to the Community reserve established
under Article 2(2 ) of the said Regulation ;
HAS ADOPTED THIS REGULATION :
                                          Article 1
1.    The text of Article 1(2 ) ( a ) (b ) and ( c ) of Regulation (EEC) No 3174 / 74
      is replaced by the following ;
      "     (a ) 900 metric tons for unwrought magnesium containing 99.35% or more
                  by weight of pure magnesium (" extra-pure magnesium"), intended
                  for the nuclear industry , tinder customs or equivalent administra­
                  tive control ;
            (b ) 2 300 metric tons for unwrought magnesium containing not less than
                  99.8% or more , but less than 99.95% , by weight of pure magnesium
                  ("unwrought magnesium not in alloy");
            ( c ) 8 800 metric tons for unwrought magnesium containing less than
                  99.8% by weight of pure magnesium ("unwrought magnesium in alloy").
2.    The quantity of 1 250 metric tons appearing at Article 2(1 ) as the amount
      of the first tranch of the quota volume assigned to unwrought magnesium not
      in alloy is replaced by 2 050 metric tons .
3.   The texts of Article 2(1 ) (b ) and ( 2 ) are replaced by the following !
    u
      (b ) for unwrought magnesium not in alloy ;
                   Benelux
                   Bénélux                320 metric tons
                   Denmark                  2 metric tons
                   Germany             1 281 metric tons
                   France                  92 metric tons
                   Ireland                  2 metric tons
                   Italy                    7 metric tons
                   United Kingdom         346 metric tons .
 ---pagebreak---                                              3
     2 . The second tranches , of 400 metric tons , 250 metric tons and 800 metric
*                                                                  h
i        tons respectively , shall be held as Community reserves .
I
                                        Article 2
         This Regulation shall enter into force on the seventh day following
  its publication in the Official Journal of the European Communities .
              This Regulation shall be binding in its entirety and directly
              applicable in all Member States .
  Done at Brussels ,                                               For the Council
                                                                     The President