CELEX: 51978PC0165
Language: en
Date: 1978-04-21
Title: Proposal for a COUNCIL REGULATION (EEC) fixing for 1978 Community quantitative export quotas for certain types of copper ash and residues and for certain types of copper, aluminium and lead waste and scrap (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 165
Vol. 1978/0054
 ---pagebreak--- Disclaimer
Conformément 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
règlement.
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 Economic
Community and the European Atomic Energy Community (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), this 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.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 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.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(78)165 final .
                                                   Brussels . 21 April 1978
                              Proposal for a                           .
                         COUNCIL REGULATION (EEC )
   fixing for 1978 Community quantitative export quotas for certain
         types of copper ash and residues and for certain types
              of copper , aluminium and lead waste and scrap
              ( submitted to the Council "by the Commission)
COM(78 ) 165 final .
 ---pagebreak---                            EXPLANATORY MEMORANDUM
I.    The Community has maintained quantitative export quotas for the
following categories of products for several years :
      ex 26.03      Ash and residues of copper and copper alloys
      ex 74.01      Waste and scrap of copper and copper alloys :
                    - Resulting from the breaking-up of ships registered in
                       third countries or of ammunition sold by the armed
                       forces of third countries
                    - Other
         76.01 B    Aluminium waste and scrap
         78.01 B    Lead waste and scrap
      These quotas were introduced and maintained in the interests of
stable supplies within the Community of copper , aluminium and lead .
II .   For 1978 the arrangements in force in 1977 were extended , on a pro rata
basis , for only four months , i.e. up to 30 April , by a Council Regulation
                     1
of 20 December 1977 , for the Commission and certain Member States considered
it necessary to carry out a detailed examination of the grounds for maintaining
unchanged the arrangements applied hitherto . Pending the conclusions of
this examination the 1977 arrangements were extended for the first four
months of the year in order to avoid any disturbance of trade flows .
   0J No . L 332 , 24.12.1977
 ---pagebreak---                                -  2   -
III .    The Advisory Committee set up under Council Regulation ( EEC ) No 2603 / 69
                                         1
( establishing common rules for exports ) met in order to examine whether ,
in the light of the economic situation of the products in question on the Commun'
ity market and having regard to the provisions of Regulation ( EEC ) No 2603 / 69 ,
the system of export quotas should be extended for 1978 on the same terms as for
1977 .
         During this consultation the Commission 's departments indicated that ,
in their opinion , "a critical situation" due to "a shortage of essential
products", which had hitherto justified the establishment of export quotas
under the terms of Regulation ( EEC ) No 2603 / 69 , was no longer in evidence .
The trend of supply and demand during 1977/ 78' for non-ferrous metals in
general ( with the exception of tin and tungsten ) showed a surplus of
production in relation to consumption , reflected in the continued existence
of major stocks of both metal and waste , particularly in the case of
copper .
         Furthermore the maintenance of export quotas fixed at levels which
are too low , particularly with the present surplus of supplies , creates a
 closed market situation which brings down the selling price of waste .
This severely penalises the recovery of industry and trade in the Community ,
which , faced with too captive a market , has difficulty in maintaining
its profitability threshold and in safeguarding its rate of activity .
       Stimulation of the recovery sector could not furthermore , fail to
have a favourable effect on the collection of non-ferrous metal waste
and therefore on the improvement ofthe environment .      As was also pointed
out these export quotas are often the subject , at international level ,
of criticism from other industralized countries which practise a more
 liberal policy .  The United States , Canada and certain EFTA countries
constitute the main source of imports of non-ferrous metal waste ;
the fact that exports are limited creates a situation of non-reciprocity .
  0J No L 324 , 27.12.1969
 ---pagebreak---                                 -  3
     The Commission 's departments stated , however , that they were not
aiming to liberalise exports . An abrupt change in the arrangements would
only seriously disturb established trade flows . Furthermore , non-ferrous
metal waste undoubtedly constitutes an important raw material resource for
Community industry , either as a supplement to the ore in the first
smelting or for direct use in the second smelting .
     In the present market situation , it would thereforebe advisable for
the export arrangements not to be altered at this stage subject to certain
adjustments , but for the level of the quotas to be raised .      The purpose
of Regulation ( EEC ) No 2603 / 69 was furthermore to permit adjustment
to cyclical developments .    Under its provisions measures taken can be
adjusted , even during the year , if the grounds for those measures change
or disappear .   This regulation must therefore be applied in a flexible
way and cannot , in any event , be used to support an attitude which
has been static for a long time and which , in the Commission 's opinion ,
is no longer fully justified by the state of the market in the products in
question .
1.    Consequently , the Commission departments proposed that the quotas
be altered as follows    t
      ( a) Copper ash and residues :      raising of the quota from 16 505 t to
                                          21 000 t
      (b)  Copper waste and scrap
           Amalgamation of the current two quotas into one .      The quota of
           waste and scrap resulting from the breaking-up of ships or of
           ammunition partially or entirely unused in several Member States .
            Furthermore , it has emerged that in practice certain Member States
           no longer make any real distinction in the control of trade between
           that quota and the quota for " other " waste and scrap . The amalgamated
            quota would be fixed at 27 000 t . The addition of the two quotas
            would have given a higher figure < 29 331 t ); however , in view of the
            different export opportunities created by the abolition of the
            distinction between the two quotas , it was considered advisable
            not to provide for an increase in export opportunities , and
            even to reduce slightly the overall level , but in such a
            way as to take into account the actual market requirements .
 ---pagebreak---                                        4  -
( c)   Aluminium waste and scrap
       The present quota represents 0.38% of Community resources .
       This percentage would be raised to 0 , 77% i.e.     quota of
      7.000   t (3 493 t in 1977 ).
(d)    Lead waste and scrap
       The present quota represents 0.29% of Community resources .
       This percentage would be raised to 0.60% , i.e. a quota of 3 000 t
        (1 481 t in 1977 ).
2.     During the consultations all the delegations expressed their agreement '
on the Commission departments' proposal concerning copper ash and residues .
Only one delegation did not accept the proposal concerning copper waste
and scrap .
       Two delegations stated that they were against any increase for lead
and aluminium .
       The delegations in favour of increasing the quotas adopted , generally
speaking , the arguments put forward by the Commission departments . . Two
of them stressed particular points :        one mentioned the need to take into
account the interests of the Community waste-recycling industry and trade ,
 and the other stated that a fundamental problem was to determine whether , at
 present , the maintenance of the quotas was in fact compatible with Regulation
 ( EEC ) No 2603 / 69 , namely whether the state of the market in the products in
 question was such that measures were required in order to prevent or remedy
 a " critical situation" due to "a shortage " of these products .
         The delegations which were against increasing the quotas for aluminium
  and lead and , in one case , copper waste , stressed the economic importance of
  waste as a source of supply for Community industry .      Any increase in the
  quotas , in the opinion of these delegations , would create new trade flows
  and it would then no longer be possible to revert to the status quo even
  if the shortage became more pronounced .
 ---pagebreak---                                -  5  -
IV .  The Commission considers that the proposals for adjusting and
increasing the quotas which were made during the consultations , and which
take into account the various aspects of the problem , are reasonable
and constitute a compromise between the differing positions adopted by
the Member States' delegations . It notes , particularly with regard to
aluminium and lead ( over which there was marked opposition from some
delegations ), that the proposed increase would not amount to even
of Community resources ;  it would seem highly unlikely , under these
circumstances , that this increase would do any harm to the sectors of
Community industry which use this waste .
        The Commission consequently proposes that the Council adopt the
attached regulation .
        The regulation provisionally in force will expire on 30 April 1978 ;
it is advisable that the present regulation is adopted before that date .
 ---pagebreak---                                 Proposal for a
                           COUNCIL REGULATION ( EEC )
             fixing for 1978 Community quantitative export quotas
             for certain types of copper ash and residues and for
              certain types of copper , aluminium and lead waste
                                  and scrap
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                              y
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation ( EEC ) No 2603 / 69 of 20 December 1969
                                         1
establishing common rules for exports , 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 quantitative quotas ,
and in particular Article 2 thereof .
Having regard to the proposal from the Commission ,
Whereas , in order to avoid supply difficulties for certain types of copper
ash and residues and for certain types of copper , aluminium and lead waste
and scrap , Community quantitative export quotas were fixed by Council
Regulation (EEC ) No 2878 /77 of 20 December 1977^;
Whereas these quotas were fixed by way of a transitional measure , on the
basis of the 1977 arrangements , for the period 1 January to 30 April 1978
pending the results of the examination being held to determine the arrange­
ments , for the whole of 1978 ;
Whereas , in the light of the outcome of this examination , the quantitative
export quotas should be maintained in force for 1978 for the products in
question , the amount of the quotas should be increased and certain of them
should be redistributed as against the 1977 arrangements ;
1 0J No L 324, 27.12.1969, p . 25
20J No L 124, 8.6.1970, p . 1
30J No L 332, 24.12.1977, p . 10
 ---pagebreak---                                    - 2  -
Whereas the criterion for their allocation should be determined ;
Whereas the provisions relating to the control of trade within the Community
laid down in Commission Regulation ( EEC ) No 223/ 77 of 22 December 1976
on the use of Community transit documents for the purpose of applying
certain measures on the exportation of certain goods apply only if the
measures introducing export restrictions provide for their application ,
HAS ADOPTED THIS REGULATION :
                                 Article 1
1.     Community quantitative export quotas shall be established as follows
for 1978 :
CCT                                                                   Quantity
heading                            Description                        ( tonnes )
No
ex 26.03          Ash and residues of copper and copper alloys        21 000
ex 74.01          Waste and scrap of copper and copper alloys         27 000
     76.01 Β      Aluminium waste and scrap                             7 000
     78.01 Β      Lead waste and scrap                                  3 000
2.     The quantities exported on the basis of the quotas fixed for the
first four months of 1978 by Regulation ( EEC ) No 2878 / 77 shall be
deducted from the above amounts .
   0J No L   38 , 9.2.1977 , p. 20
 ---pagebreak---                                   Article 2
The quotas fixed in Article 1 shall be allocated according to estimated
requirements .
                                  Article 3
Exports outside the Community of products listed in Article 1 obtained under
inward processing arrangements within the meaning of Council Directive 69 / 73 / EEC
of 4 March 1969 on the harmonization of provisions laid down by law - regulation
                                                            1
or administrative action in respect of inward processing      and temporary
exports for processing , working or repair in a third country of products
which are to be reimported for home use within the customs territory of
the Community ( outward processing ), shall be counted against the quota
share of the exporting Member State .
                                  Arti eie 4
Regulation ( EEC ) No 223/ 77   shall apply to movement within the Community
of the products listed in Article 1 .
                                  Arti eie 5
The Council shall decide . in good time and in any case by 31 December
 1978 at the latest on the measures to be taken after expiry of the
 validity of this Regulation as regards the export of the products
 listed in Article 1 .
  OJ No L 58 ,  8.3.1969 , p. 1
 ---pagebreak---                              -  4  -
                            Article 6
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities . -
It shall apply until 31 December 1978 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                                    For the Council
                                                       The President