CELEX: 51974PC0865
Language: en
Date: 1974-06-17
Title: PROPOSAL FOR REGULATION (EEC) OF THE COUNCIL increasing the Community tariff quota opened for unwrought magnesium, falling within subheading No 77.01 A of the Common Customs Tariff, by Regulation (EEC) No 3591/73 of 23 December 1973 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 865
Vol. 1974/0132
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 ---pagebreak--- COMMISSION OF THE EUS.OHEAN COMMUNITÏE
                                                           COM(74) 865 final
                                                           Brussels , 17 June 1974
                                  PROPOSAL FOR
                         REGULATION ( EEC ) op tes COUNCIL
           increasing the Community tariff quota opened for unwrought
        magnesium , falling within subheading Ho 77.01 A of the Common
      Customs Tariff , by Regulation (EEC) No 3591/73 of 23 December 1973
                 ( submitted to the Council by the Commission)
   C0M(74) 865 final
 ---pagebreak---                              EXPLANATORY MEMORANDUM
                                – m ■ •■m
1.   By exchange of letters with the Nordic Delegation (Doc . NCG( 67)44-
     Rev. of 13 October 19&7 ~ Annexes NORD 2 and. 5 ) "the European
     Economic Community undertook that as soon as the Geneva Protocol
     entered into force it would open an annual tariff quota , of an
     amount to "be so calculated as to enable Community requirements
     not covered by Community production to be imported free of duty .
2.   Certain Member States have significant requirements for pure and
     alloyed magnesium which , it appears , cannot as a general rule be
     v,'holly met by Community producers .
3.   It is extremely difficult to estimate in advance , with any degree
     of accuracy, the likely production and consumption of magnesium .
     This is due to the fact/magnesium is technically a difficult
     product to produce ,                 is normally produced to the
     purchaser 's special specifications , and of which the quantities of
     pure and alloyed magnesium produced vary according to the orders
     for the different qualities .    Consumption depends on the general
     economic situation and on the behaviour of certain industries whose
     production varies with demand .
4.   Accordingly , the Council decided in Regulation (EEC ) No 3591 /73
                          1
     of 28 December 1973 to open , for 1974 , a Community tariff quota ,
     the amount of which has been fixed at an initial level of
     10 250 metric tons , which amount , divided into 1 000 metric tons
     of unsought magnesium not in alloy , and 9 250 metric tons of ..
     unwrought nagncsiun in alloy , is subject to revision during the year
     on the basis of more precise data-
5.   At a Consultative meeting held at the request of a Member State on
     12 February 1974 it appeared that the situation had changed very
     little in the sense that the economic data at present , available
     is not much more precise than before .     Nevertheless , it seems
 0J No L 365 , 31 December 1973 , p. 39 »
 ---pagebreak--- that certain Member "States are likely to have large requirements
this year for both pure and alloyed magnesium which cannot be met
by Community production .     In addition , it appears that the
United Kingdom requires extra^pure magnesium- which cannot at
present be produced within the Community .
For this reason , taking into account :
- the special requirements of the United Kingdom ;
- the quantities at present available :- in the Community , resulting
  from stocks built up either at the end of 1973 or in the first
  months of 1 974 j
- the increase in Community production , of unwrought magnesium ,
  especially in alloy ;
- the possibility , in certain Member States , of duty-free imports
  under the agreements concluded with some of the non-acceding
  EFTA countries ;          •
it is the Commission 1 s view that in these circumstances , until a
new review of the situation can take place , the amount of the
tariff quota should be increased by 6 75® metric tons , divided as
follows :                      ."
                                                                \
- 1 500 metric tons of magnesium of a purity of not less than
  99.95$;
         ,     /
- 1 .'000 metric tons of unwrought magnesium of a purity of not less
  than 99*8/6 and not exceeding 99*95$ »
- 4 250 metric tons of unwrought magnesium in alloy .
The proposed distribution among the Member States of amounts
allocated for the different qualities of magnesium shall :
- in the absence of more precise data on the needs of each of the
  Member States remain the same as that laid down for 1974 3-n.
  Regulation (EEC ) No 3591 /73 in respect of unwrou^it magnesium
  m alloy ;    .   .    . „                   –     - –•
– be in proportion to the estimated import 1 requirements of unwrought
  magnesium not in alloy , and the major share of extra-pure
  magnesium shall be allocated to the United Kingdom and one
  metric ton to each of the other Member States .           •/•
 ---pagebreak---                                     Proposal for
                  REGULATION ( EEC) 'OP THE COUNCIL
                    •III ιιυ· III –   11* ΜΠ»Τ,Ρ» .111·^ –
            increasing the Community tariff quota opened for unwrought
            magnesium falling within subheading No 77*01 A of the Common
            Customs Tariff, by Regulation (EEC ) No 3591/73 of 23 December 1973
THE COUNCIL OP 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 , for unwrought magnesium falling within subheading No 77»01 A
of the Common Customs Tariff , a Community tariff quota totalling 10 250
metric tons has been opened for 1 974 and allocated among the Member
States by Regulation (EEC) No 3591/73*' of 28 December 1973 ; '
VJhereas the economic data at present available with regard to the
consumption and production of unwrought magnesium do not yet permit
Community requirements of imports from non-member countries to be
evaluated with sufficient precision ; whereas it appears that certain
Member States have considerable magnesium requirements which cannot be
met by Community production ; whereas the tariff quota concerned should
therefore be increased by an appropriate amount , approximately 6 750
metric tons ; whereas the fixing of this level of increase does not
preclude further adjustments during the quota period ; whereas , in
view , moreover , on the one hand of the known             . -
requirements in unwrought magnesium not in alloy with ,a pure magnesium
content of not less than 99«95$> n0"t produced within the Community, and
on the other hand of the quantities available in the Community and of
the possible increase in production by Community industries of unwrought
magnesium , especially not in alloy and also the possibility •.     . .
1 0J No L 365 , 31 December 1973 , p. 39
 ---pagebreak--- of duty-free imports under agreements concluded by the Community with certain
non-acceding EFTA countries , it can be estimated that short-term requirements
for imports of unwrought magnesium may , within the limit of the proposed increase ,
reach 1 500 metric tons of unwrought magnesium containing 99*95$ or more by weight
of pure magnesium ( extrar-pure magnesium), 1 000 metric tons of unwrought magnesium
containing 99*8$ or more by weight and not exceeding 99*95$ of pure magnesium
(unwrought magnesium not in alloy ), and 4 2S0 metric tons of unwrought magnesium
containing not more than 99*8$ by weight of pure magnesium (unwrought magnesium
in alloy );
Wherea% as far as the distribution of the above quota volumes between Member States
is concerned, it is necessary to apply the criteries included in the above-mentioned
Regulation (EEC ) No 3591/73 for unwrought magnesium in alloy ; whereas , as far as
unwToaght magnesium not in alloy is concerned , it is necessary to maintain the
prorata arrangement for supplementary importation requirements ;   whereas for the
volume of extra-pure unwrought magnesium , in the absence of statistical data
relating to importations coming from third countries , it is necessary to consider
distribution based, in particular , on the specific requirements of processing
industries of each Member State ; whereas on the basis of information at present
to hand, it appears that the British industry is almost the only one using this
special quality of magnesium ; whereas in consequence , it is necessary to allot
to the United Kingdom a preponderant share of the quota volume under consideration,
while allotting to the other Member States less important shares to safeguard by
an adequate reserve the Community character of this quota,"
HAS AD0PTED THIS REGULATION :
                                       Article 1
The amount of 10 250 metric tons of the Community tariff quota opened for unwrought
magnesium falling within subheading No 77*01 A of the Common Customs Tariff by
Regulation No 3591/73 of 28 December 1973 , shall be increased by 6 750 metric tons
to 17 000 metric tons .
This increase of 6 750 metric tons shall be allocated as follows :
( a) 1 5Q0 metric tons of unwrought magnesium containing 99*95$ °r more by weight
       of pure magnésium ( extra-pure magnésium) ;
(b ) 1 000 metric tons of unwrought magnesium containing not less than 99-8$ and
      not more than 99*95$ by weight of pure magnesium (unwrought magnesium not in
      alloy ) ;
 ( c) 4 250 metric tons of unwrought magnesium containing not more than 99*8$ by
      weight of pure magnesium (unwrought magnesium in alloy ).
 ---pagebreak---                                 -3-
                              Article 2
A first tranche of each of the additional quota shares referred to
in Article 1 of 1 200 metric tons of extrar-pure magnesium , 800
metric tons of unwrought magnesium not in alloy and 3 000 metric
tons of uniTrought magnesium in alloy , shall "be allocated among
the Member States as follows :
( a) For extra-pure unwrought magnésium :
           Benelux                3 metric tons
           Denmark                1 metric ton.
           Germany                1 metric ton
           Prance                 1 metric ton
           Ireland                1 metric ton
           Italy                  1 metric ton
           United Kingdom   1 192 metric tons
("b ) For unwrought magnesium not in alloy :
           Bénélux          122.7 metric tons
           Germany         478.5 metric tons
           France            98.6 metric tons
           Italy              6.2 metric tons
           United Kingdom    54      metric tons
( c ) For umvrought magnésium in alloy :
           Bénélux           39 r <• metric, tons
           Denmark            1 '    met ri coton
           Germany      2   904      metric tons
           France             1      metric ton
           Ireland            1      metric ton
           Italy             39 ■    metric tons
           United Kingdom    15      metric tons
The second tranches of 300 metric tons , 200 metric tons and 1 250
metric tons respectively shall constitute Community reserves .
                                \
The amount of Community reserves for the latter two types of
unwrought magnesium , provided for in Article 2 ( 2 ) of Regulation
 ---pagebreak---                                       -4-
     (EEC ) Uo 3591 / 73 , shall be increased respectively ;
     ( a)  from 150 metric tons to 350 metric tons for unwrought
           magnesium not in alloy ;
     (b )  from 1 000 metric tons to 2 250 metric tons for unwrought
           magnesium in alloy .
                                   Article 3
Should Denmark or Ireland require additional unwrought magnesium not
in alloy , they shall draw a sufficient share from the appropriate
reserve to the extent that the reserve so permits .
                                   Article 4
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 ,
                                                  Por the Council
                                                  The Président