CELEX: 31986R4052
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4052/86 of 22 December 1986 on export arrangements for certain types of non-ferrous metal waste and scrap

31 . 12 . 86                               Official Journal of the European Communities                               No L 377 / 31
                                            COUNCIL REGULATION (EEC) No 4052 / 86
                                                         of 22 December 1986
                             on export arrangements for certain types of non-ferrous metal waste and scrap
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              Whereas the estimate of requirements is a satisfactory
                                                                        criterion for the allocation of quotas among third
                                                                        countries; whereas, in the case of the limits on exports to
                                                                        Spain and in order to ensure a greater measure of flexibility
 Having regard to the Treaty establishing the European                  in the use made of such limits , it is preferable that no
 Economic Community ,                                                   provision be made for allocation among Member States ;
                                                                        Whereas the provisions relating to the monitoring of
 Having regard to Council Regulation ( EEC ) No 2603 / 69               intra-Community trade laid down in Commission
 of 20 December 1969 establishing common rules                          Regulation ( EEC) No 223 / 77 of 22 December 1976 on
 for exports (*), as last amended by Regulation (EEC )                  provisions for the implementation of the Community
 No 1934 / 82 ( 2 ), and in particular Article 7 thereof,               transit procedure and for certain simplifications of that
                                                                       procedure ( 5 ) apply only if the measures introducing export
                                                                        restrictions provide for their application;
 Having regard to Council Regulation (EEC ) No 1023 / 70
 of 25 May 1970 establishing a common procedure for                    Whereas the Committee set up by Regulation ( EEC)
 administering quantitative quotas ( 3 ), as last amended by           No 2603 / 69 has been consulted ,
 the Act of Accession of Greece , and in particular Article 2
 thereof,
                                                                       HAS ADOPTED THIS REGULATION :
 Having regard to the proposal from the Commission ,
                                                                                                     Article 1
 Whereas , under Regulation (EEC ) No 3680 / 85 ( 4 ),
 exports of aluminium and lead waste and scrap were made                1 . Community exports between 1 January and 31
 subject, for 1986 , to production of a prior export licence to         December 1987 of aluminium waste and scrap falling
                                                                        within subheading 78.01 B of the Common Customs Tariff
 be issued by the appropriate authorities of the Member
 States according to procedures to be laid down ; whereas               and lead waste and scrap falling within subheading 78.01 B
 this arrangement expires on 31 December 1986 ; whereas it              shall be subject to production of an export licence to be
 is advisable to retain it for 1987 with a view to following           issued by the appropriate authorities of the Member States.
 closely the evolution of the products concerned ;                      The licence shall be issued free of charge, for such
                                                                        quantities as are requested subject to the provisions set out
                                                                       below .
 Whereas Community refiners are continuing to experience
 supply difficulties over the whole spectrum of copper                 2 . The export licence shall be issued within not more than
 materials ; whereas these difficulties derive in particular            15 working days of the date of the application , on
from the current imbalance of tariff and non-tariff                    presentation by the applicant of a sales contract for the
 measures in the world copper market; whereas the quota                entire quantity applied for.
 system in force in 1986 under Regulation ( EEC )
No 3680 / 85 should , therefore , be maintained in 1987 for            The licence shall be valid for two months .
export of copper ash and residues and copper waste and
scraps ;
                                                                       3.     Each Member State shall inform the Commission of the
                                                                       following within the first 15 days of each month :
Whereas , in accordance with Article 45 of the Act of                  ( a) the quantities in tonnes and the prices of the products
Accession, exports to Spain from the Community of Ten of                     for which export licences have been issued during the
copper ash and residues and copper waste and scrap must                      previous month ;
be restricted for a transitional period ;
                                                                       ( b ) the quantities in tonnes of products which have been
                                                                             exported during the month preceding that referred to
                                                                             under point ( a);
(»)  OJ No  L 324 , 27 . 12 . 1969 , p. 25
(2)  OJ No  L 211 , 20 . 7 . 1982 , p. 1 .
(')  OJ No  L 124 , 8 . 6 . 1970 , p. 1 .
(<) OJ  No  L 351 , 28 . 12 . 1985 , p. 5 .                           ( 5) OJ No L 38 , 9 . 2 . 1977 , p. 20 .
 ---pagebreak--- No L 377 / 32                              Official Journal of the European Communities                                   31 . 12 . 86
( c) the quantities in tonnes authorized for export or                complying with the conditions of Articles 9 and 10 of
      exported as part of inward or outward processing                the Treaty are not used in the manufacture of the said
      arrangements ;                                                  compensating products;
( d) the third country of destination .
                                                                      (b) where goods not complying with Articles 9 and 10 of
The Commission shall pass this information to the Member                    the Treaty are exported after having been placed in
States .                                                                    customs warehouses in accordance          with Council
                                                                            Directive 69 / 74 / EEC of 4 March        1969 on the
                               Article 2
                                                                            harmonization of provisions laid down by law,
                                                                            regulation or administrative action relating to customs
                                                                            warehousing procedure ( 2 ), or in free zones in
Community export quotas shall be established as follows                     accordance with Council Directive 69 / 75 / EEC of
for 1987 :
                                                                            4 March 1969 on the harmonization of provisions laid
                                                          (tonnes)          down by law , regulation or administrative action
                                                                            relating to free zones ( 3 ).
        CCT
      heading                  Description            Quantity
         No
                                                                      Article 1 (3 ) (c) and (d ) shall apply.
ex 26.03          Ash and residues of copper and
                  copper alloys                       28 000
                                                                      2 . Temporary exports of the goods referred to in Article 2
ex 74.01 D        Waste and scrap of copper and                       shall be charged against the quota of the exporting Member
                  copper alloys                       33 200
                                                                      State .
                                                                      However, decisions allowing goods not to be exchanged
                               Article 3                              under the arrangements provided for by Council Directive
                                                                       76 / 119 / EEC of 18 December 1975 on the harmonization
For 1987 , exports to Spain from the Community of Ten                 of provisions laid down by law, regulation or
 shall be restricted to the quantities set out below :                administrative action in respect of outward processing ( 4 )
                                                                      may be taken by the procedure set out in Article 11(2) and
                                                          (tonnes)    ( 3 ) of Regulation ( EEC) No 1023 / 70 .
        CCT
      heading                  Description            Quantity
         No
                                                                                                     Article 6
ex 26.03          Ash and residues of copper and
                  copper alloys                        5 500
                                                                      Title III of Regulation ( EEC ) No 223 / 77 shall apply to the
ex 74.01 D        Waste and scrap of copper and                       movement within the Community of the products listed in
                  copper alloys                       15 400
                                                                      Article 2 .
                               Article 4
                                                                                                     Article 7
The quotas fixed in Article 2 shall be allocated according to
the estimate of requirements.                                         The Council shall decide in due time, and in any case
                                                                      before 31 December 1987 , on the measures to be taken
                                                                      regarding the export of the products listed in Articles 1 , 2
                                                                      and 3 after this Regulation has expired .
                               Article 5
 1 . Exports of the goods referred to in Article 2 shall not
 be charged against the quota of the exporting Member
 State:                                                                                              Article 8
 ( a) Where the goods are exported in the unaltered state or          This Regulation shall enter into force on 1 January and
       as compensating products under the inward processing           expire on 31 December 1987 .
      relief arrangements , suspension system , provided for in
       Regulation ( EEC ) No 1999 / 85 (*), as long as goods
                                                                      ( 2 ) OJ No L 58 , 8 . 3 . 1969 , p. 7 .
                                                                      ( 3 ) OJ No L 58 , 8 . 3 . 1969 , p. 11 .
( 1 ) OJ No L 188 , 20 . 7 . 1985 , p. 1 .                            ( 4 ) OJ No L 24 , 30 . 1 . 1976 , p. 58 .
 ---pagebreak--- 31 . 12 . 86                       Official Journal of the European Communities                     No L 377 / 33
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels , 22 December 1986 .
                                                                               For the Council
                                                                                The President
                                                                                  G. SHAW