CELEX: 51976PC0564
Language: en
Date: 1976-10-29
Title: Proposal for COUNCIL REGULATION (EEC) increasing the Community tariff quota opened for 1976 for unwrought magnesium falling within subheading 77.01 A of the Common Customs Tariff (submitted to the Council by the Commission)

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COM (76) 564
Vol. 1976/0172
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(76)564 final.
                                               Brussels , 29 Ootober 1976#
                                 Proposal for
                           COUNCIL REGULATION ( EEC )
                     increasing the Community tariff quota
                     opened for 1976 for unwrought magnesium
                     falling within subheading 77.01 A of the
                     Common Customs Tariff
                 (submitted to the Council by the Commission)
COM (7 6) 56d final#
 ---pagebreak---                 EXPLANATORY_MEMgRANDUM
By Regulations ( EEC ) Nos 126 / 76 of 20 January 1976 ( 1 ) and
1630 / 76 of 29 June 1976 ( 2 ), the Council opened and allocated
among the Member States for 1976 a Community tariff quota -for
unwrought magnesium falling within subheading 77.01 A of the Common
Customs Tariff and totalling 9,350 metric tons, which moreover did not
preclude adjustments during the quota period . This total comprised
950 metric tons of extra pure magnesium , 1,925 metric tons of
unwrought magnesium not in alloy and 6,475 metric tons of unwrought
magnesium in alloy .
A review of the state of the market in magnesium and of Community
requirements for imports form non-member countries was carried out
at the meeting of the Economic Tariff Problems Group , held on 24
September 1976, on the basis of the usual estimates for 1976 provided
by the Member States in respect of the three qualities of magnesium
used for the initial quota .       It emerged from this discussion that :
a ) the stocks existing at the end of 1975 in a Member State
    producing magnesium have remained unchanged until the present
     ( 2,700 metric tons );
b ) the estimates put forward by the Member States set the usual
    factors for calculating the quota at the following approximate
    levels
    - consumption                              55,737 metric tons
    - production                               21,029 metric tons
    •• inward processing traffic                2,500 metric tons
    -* duty-free imports carried out
        under other preferential tariff
        treatment
        ( EFTA , associated countries , etc .)  2,758 metric tons
    - exports to non-member countries           2,415 metric tons
        unusual stocks existing on 31
        December 1975                           2,000 metrip tons ;
 ---pagebreak---  c ) on this basis and in view of the quota volume of 9>350
     metric tons already opened at the beginning of the year ,
     the Community requirements as regards imports from non-member
     countries until the end of the current year would be set at
     about 15,700 metric tons .
The Commission considers 1t necessary however , taking into account
the uncertainty as to the level which Community consumption might
reach during 1976 , and also the quantities available within the
Community to confine itself to an increase of 3,750 metric tons
in the quota volume .
As regards the splitting up for the 3,750 metric tons under conside­
ration into the three qualities of magnesium, it should be noted
that the Community requirements for imports from non-member countries
of extra-pure magnesium of the order of 1,200 metric tons could be
covered to a large extent by the quota already opened ( 950 metric
tons ) and by Community production of about 200 metric tons .
An immediate increase of 50 metric tons allocated to this quality
of magnesium should cover the short-term requirements of the
Community industries .
Moreover , it is proposed that the balance , i.e. 3,700 metric tons ,
be split up among the other two qualities according to the same .
percentages as those used under the initial regulation and thus
to allocate 1,000 metric tons to unwrought magnesium not in alloy
and 2,700 metric tons to unwrought magnesium in alloy .
The supplementary volumes of 50 and 2,700 metric tons proposed for -
extra-pure magnesium and magnesium in alloy are allotted to the
Community reserves as set up , whereas the supplementary volume
allocated to unwrought magnesium not in alloy is , after deduction
of the quantity allotted to the Community reserve , divided among
the Member States according to the percentages originally used *
 ---pagebreak---                                                      i i                           S trb .
                                   Proposal for
                          COUNCIL REGULATION ( EEC ) No     / 76
               increasing the Community tariff quota opened for 1976
               for unwrought magnesium falling within subheading 77.01 A
               of the Common Customs Tariff
  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 , for unwrought magnesium falling within Subheading 77.01 A
 of the Common Customs Tariff , a Community tariff quota for 1976 totalling
 9,350 metric tons has been opened by the Council and allocated among the
 Member States by Regulations ( EEC ) Nos 126/ 76 ( 1 ) and 1630 / 76 ( 2 );
 Whereas the economic data at present available with regard to the
  consumption " , production , exports to non-member countries , imports under
'the inward processing or other preferential tariff arrangements and to
  the abnormal stocks existing in a Member State on 31 December 1975 enable
  it to be estimated that Community requirements for imports from non*
  member countries could reach , in the course of 1976, a level of 25,000
  tons ;    whereas in view of the quota volume already opened by the above-
  mentioned Regulations , of the uncertainty as to the levels which Community
 production and consumption might reach and of the quantities available
  within the Community either from stocks accumulating in 1975 or from
  production in 1976 , it is necessary to limit the increase to 3,750 metric
  tons ;
                                                                     • • * » * • •
  ( 1 ) 0J No L 14 ,. 23.1.1976, p. 1 .
  ( 2 ) 0J No L 181 , 7.7.1976, p. A.
 ---pagebreak---   Whereas , in view , moreover , on the one hand of the present requirements
  in unwrought magnesium with a pure magnesium content of not less than
  99.95% and on the other hand of the quantities available in the Community
  and also the possibility of duty-free imports under agreements concluded
  by the Community with certain non-acceding EFTA countries , it can be estimate
  that short-term requirements for imports of unwrought magnesium may ,
  within the limit of the proposed increase , reach 50 metric tons of unwrought
  magnesium containing 99.95 % or'more by weight of pure magnesium ( extra-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 2,700 metric tons of unwrought magnesiuo
  containing less than 99.8% by weight of pure magnesium ( unwrought magnesium
  in alloy );                        '
  Whereas as far as the distribution of the above quota volume between
  Member States is concerned , it is necessary to allot to the Community
  reserves all the supplementary volumes allocated to extra-pure magnesium
  and unwrought magnesium in alloy and also a relatively small part of the
  supplementary volume allocated to unwrought magnesium not in alloy , the
  balance of this volume being divided among the Member States in accordance
  with the percentages originally used,
  HAS ADOPTED THIS REGULATION :
I
      i
                                   Article 1
                                                                              »
  The volume of the Community tariff quota opened by Regulations ( EEC ) Nos
  126/ 76 and 1630/ 76 for unwrought magnesium falling within subheading 77.01 A
  of the Common Customs Tariff is hereby increased from 9,350 to 13,100 metric
  tons *
  This increase of 3,750 metric tons shall be allocated as follows :
 ---pagebreak--- (a)     50 metric tons of unwrought magnesium containing 99.95% or more
        by weight of pure magnesium ( extra-pure magnesium ), intended
        for the nuclear industry and under customs supervision or
        equivalent administrative supervision;
( b)    1,000 metric tons of unwrought magnesium containing not less
        than 99.8% but less than 99.95% by weight of pure magnesium
        ( unwrought magnesium not in alloy );
( c)    2,700 metric tons of unwrought magnesium containing less than
        99.8% by weight of pure magnesium ( unwrought magnesium in alloy ).
                                  Article 2
The volumes of 50 metric tons and 2,700 metric tons referred to in Article
1 ( a ) and ( c ) allocated to extra-pure unwrought magnesium intended for
the nuclear industry and to unwrought magnesium in alloy shall be allotted
to the Community reserves set up under Articles 2 ( 1 ) and 3 ( 2 ) of
Regulation ( EEC ) No 126 / 76 amended by Regulation ( EEC ) No . 1630/ 76, which
shall thus be increased from 950 to 1,000 metric tons and from 3,325 to
6,025 metric tons respectively .
                                  Article 3
1.        A first tranche of the amount referred to in Article 1 ( b), of
          900 metric tons of unwrought magnesium not in alloy , shall be
          allocated among the Member States as follows :
                  Bénélux                   150.7      metric  tons
                  Denmark                     0.35    metric   tons
                  6ermany                   610.2     metric   tons
                  France                     30       metric   tons
                  Ireland                     0.35     metric  tons
                  Italy                       3       metric   tons
                  United Kingdom            105.4     metric tons .
2.        The second tranche of 100 metric tons shall constitute the
          reserve .
 ---pagebreak---           The amount of the reserve for    this type of unwrought
          magnesium , provided for in Article 3 ( 2) of Regulation
          ( EEC ) No 126/ 76 amended by Regulation ( EEC ) No 1630/ 76,
       ,  shall be increased from 190 to 290 metric tons .
                                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 ,                             ! s    For the Council
   ' '        -                                        The President