CELEX: 51980PC0739
Language: en
Date: 1980-11-21
Title: Proposal for a COUNCIL REGULATION on export arrangements for certain types of non ferrous metal waste and scrap (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 739
Vol. 1980/0232
 ---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 Yr. iL ELm<G?LAN COMMUNlTlL
                                                  COM(80)739 final
                                                  Brussels , 21 November 1980
                                 Proposal for a     /
                               COUNCIL REGULATION                     .  ,
       on export arrangements for certain types of non ferrous metal w*
                                        and scrap
                             ■    :..v.y\     -,-
                 ( presented by the; Commission to the Council )
                                ■>;U |    * «a y
             V--.*-:. ; So.u
                                         p\
              V" .· >
                 VX,           -       A/
C0M(80 ) 739 final
 ---pagebreak---                                           EXPLANATORY MEMORANDUM
 I. For a number of years - including 1980 - the Community has maintained quantitative
      export quotas for the following categories of products :
      ex 26.03               Ash and residues , of copper and copper alloys    -
           74.01 D           Waste and scrap of copper and copper alloys
           76.01 B           Aluminium waste and scrap
           78.01 B         ( Lead waste and scrap .
II . The advisory Committee set up under Council Regulation ( EEC ) No . 2603 / 69
      establishing common rules for exports ( 1 ) met to examine the arrangements to
      be determined for 1981 .
                                                                      ■   J
      At this meeting the Commission pointed out that the basic principle of Regulation
      ( EEC ) No . 2603 / 69 is that the exportation of products from the Community shall be
      free ;    the aim of the provision allowing for the introduction of export quotas ,
      contained in Article 6 , is " to prevent a critical situation from arising on
      account of a shortage of essential products ".          That  Regulation may not therefore
      serve as a basis for export restrictions renewed from year to year without fresh
    ^ examination of the market .         Moreover , the Regulation makes provision for speedy
      action by the Commission in the event of difficulties , either on its own initiative
      or at the request of a Member State .           After careful examination of the situation
      on the Community market and the use of the quotas in 1979* and 1980 , the Commission
      therefore indicated at the meeting the proposals it was considering :
      ( 1 ).    the quotas for copper ash , waste and scrap should be retained and increased'
                slightly over the 1980 levels in order to take account of the accession of
                Greece to the Community and also , in the case of waste and scrap to       take
                account of the wader coverage of the quota following an adjustment of the'
                customs nomenclature ;
      ( ii )    a system of retrospective surveillance should be introduced in respect of
                exports of- aluminium waste and scrap ( Article 5 of Regulation ( EEC ) No .
                2603 / 69 );
      ( iii )   exports of lead waste and scrap should be liberalised.
      The reasons for the position adopted by the Commission with regard to the various
      products concerned are as follows s
                                                                                  Y
    '                                 '       '                              "      .
      ( 1 ) 0J No L 324, 27.12.1969
 ---pagebreak--- Copper Ash and Residues ( ex 26.03 )
Copper waste and scrap ( 74.01 D )
The facts as revealed     by a study of the use of the quotas and the situation on
the Community market in the last few years , notably in 1979-80, are as follows :
( i)     the export quotas were fully taken up , or even exceeded, which indicates
         that they were having their intended " braking " effect and keeping copper
         resources in the Community ;
( ii )   the Community ,is almost completely dependent on external sources for ore
         and unrefined unwrought copper ( blister copper ), which means that copper ash ,
         waste and scrap forms an essential component of the Community 's supplies ,
         given the persistence of a relative shortage of these copper materials on
     %                            »
         the world market .  Indeed it should be pointed out that internal Community
         resources in waste and scrap , leaving aside the contribution from ash
         and residues , represent a volume corresponding to over 100% ( 106% in 1979 )
         of Community production of refined copper ( 954 000 t in 1979 ).
In these circumstances , pending an improvement of     the world market in copper
raw materials , it is therefore essential that the quotas be retained in order
to remedy the present shortage of the products .      in question .
Aluminium waste and scrap ( 76.01 B )   .
       The rising trend of demand for aluminium in 1979-1980, notably in Europe
and Japan , together with insufficient growth in metallurgical production,
has resulted in a further shrinkage of stocks which , at 1 465 000 tonnes in late ,
June 1980, represented no more than 44 days production , and has put pressure
on the prices of the principal producers , which rose by around 45% between
December 1979 and August 1980 .           .
       Rising demand and higher prices gave an impetus to the recovery of waste and
scrap in the Community - where supplies from internal resources amounted to
950 000 tonnes in 1979 - and gave an appreciable boost to international trade flows
in these products ( up from 255 X)00 t in 1976 to 435 000 t in 1979 ), especially
imports from countries outside the Community, which in 1979 were 40% up on
the 1976 figure .
 ---pagebreak---                                           3      -
  ImRorts from non-Community countries have continued to climb in 1980 and if
  the first quarter is any guide they could reach 200 000 t ;                       this trend may reveal
  a further fall in imports from the Eastern trading area to the advantage of
  North America and the EFTA countries .
  Given this market situation, in which there is no evidence of any shortage of
  aluminium waste and scrap in the EEC nor any signs pointing to the possibility of
< a critical situation developing in the short term with regard to supplies of
  these products or of other primary aluminium products ( bauxite , alumina and
                                                                  -
  aluminium metal ), there is no longer any justification for maintaining export
  quotas .
  Lead Waste and Scrap ( 78.01 B )
  The Community is slowly but surely freeing itself of its external dependence
  in lead :    in 1978 the overall external contribution ( ore and unwrought metal )
  Wei s only 35% of Community internal consumption, as against an average of 48%
  in the 1974-76 period .
  This development was the result of improved mining capacity in the Community
  notably in Ireland, and of an-appreciable increase in internal resources in
  lead waste and scrap ( 730 000 t in 1979 ) following an exceptional surge in
  prices in 1979 , although from the second quarter of 1980 onwards prices have
  tended to fall back . to 1978 levels .      The favourable trend of the market also
  had a positive effect on imports of lead waste and scrap from non-Community
  countries ;    they exceeded 50 000 t in 1979 and will very likely reach 60 000 t
  in 1980 ( the highest level seen since 1971 ), with over 50% coming from the
                       *                                                                               . » •
  United States .        *
  In the circumstances there is no longer any economic justification for maintaining
  the export quota .
                              '   '                                         '    •/..
                             S             ■ ' -     -  '             -                     ■  .             .  1
                                                                                                                1
                                -                         ' '
                                                                '             <                                j
                                                                                                                j
                                                                                                                I
                                                                  : ■                              ' •         I
            •     ^                      • ■       -   " -                                    V.               i
                                                                        • *    ■  ■              -             ;
                                                              -                                                i
                                                                                                               i
 ---pagebreak---                                      I
                                          -  L  -
       In so far as copper is concerned , all the Member States have indicated that
       the Community proposal is acceptable to them .
       With regard to aluminium and lead, a number of Member States have expressed
       fears lest liberalization should lead to serious supply difficulties for
       the Community .
       In order to meet the misgivings of these Member States , the Commission has
       therefore proposed that in 1981 exports of aluminium and lead should not be
       subject to quota but should be subject to a system of automatic prior export
       authorization .   Such a system will enable the authorities of the Member States
       to plot accurately the trend of exports .
I II . The Commission considers , in the light of the provisions of Regulation ( EEC )
       No 2603 / 69 and the examination of the Community market as summarized in point
       II , that there are grounds for retaining quotas for copper but not for
       aluminium or lead waste and scrap and that in the case of the two latter
       products consideration can be given to a system of export authorization .
       Accordingly, it is proposed that the Council adopt the attached proposal
       for a regulation .
 ---pagebreak---                      PROPOSAL FOR A COUNCIL REGULATION
            on export arrangements for certain types of non-ferrous
                            metal waste and scrap
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation ( EEC ) No 2603 / 69 of 20 December 1969
establishing common rules for exports ( 1 ), 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 ( 2 ), and in particular
Article 2 thereof ,
Having regard to the proposal from the Commission,
Whereas        _ Community export quotas     were     fixed by Council Regulation ( EEC )
No 3029 / 79 ( 3 ) for certain types of aluminium and copper waste and scrap for -
1980;    whereas the situation of the market in these products no longer justifies
the maintenance of these quotas ; whereas, however ,           it appears necessary,
with a view to following in a rapid and precise manner export developments as' ,
regards         the products in question, to subject these exports to prior
authorization which is to be issued automatically and without delay by the .
appropriate authorities of the Member States ;
                                                                             *  «
Whereas , in order to avoid supply difficulties for certain types of copper ash
and residues and certain types of copper w&ste and scrap , Community quantitative
export quotas were fixed by the above-mentioned ^               Regulation ( EEC ) No
3029 / 79 ( 3 );   whereas these quotas remain in force until 31 December 1980;
whereas it is                  I necessary to maintain these quotas in force in 1981 ; '
Whereas the' Committee set up by Regulation ( EEC ) No 2603 / 69 has been consulted,
Whereas the criterion for the allocation of the said quotas should be determined
( 1 ) 0J No L 324 , 27 . 12 . 1969 , p. 25
( 2 ) 0J No L 124 , 8.6.1970 , p. 1
( 3 ) 0J No L 340 , 31.12.1979 , p. 31
 ---pagebreak---                                   -     2   -
Whereas the provisions relating to the monitoring of trade within the
Community laid down in Commission Regulation ( EEC ) 223/ 77 of 22 December 1976 .
on provisions for the implementation of the Community transit procedure and for
certain simplications of that procedure ( 1 ), apply only if the measures
introducing export restrictions provide for their application,
HAS ADOPTED THIS REGULATION :
                             Article 1
      Exports from the Community of aluminium and lead waste and scrap falling
within subheading 76.01 B or 78.01 B of the Common Customs Tariff shall be
subject to production of an export authorization to be issued by the appropriate
authorities of the Member States .         The authorization shall be issued free of
charge, for such quant ites as are requested and within not more than five
working days from the date of the request by the exporter .
                            Article 2
      Community quantitative export quotas shall be established as follows for
1981  :
  CCT                               i '                               Quantity
Heading No                                Description                 ( tonnes )
 ex 26.03          Ash and residues of copper and copper              22 300
                   alloys
 ex 74.01          Waste and scrap of copper and copper               29 700
                   alloys
(1)   0J No L 38 ,   9.2.1977 , p. 20
 ---pagebreak---                                      Article 3
         The quotas fixed in Article 2 shall be allocated according to the
estimate of requirements .
                                     Article 4                       . '■ *
         Exports outside the Community of products listed in Article 2 and 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 or administrative action in respect of inward processing CD
shall be charged against the quota share of the exporting Member State .
However, derogations may be made in specific cases following an opinion from
 the Quota Administration Committee set up by Regulation ( EEC ) No 1023/70.
          Temporary exports for working , processing or rep&ir in a non-member country ,
 within the meaning of Council Directive 76/ 119/ EEC of 18 December 1975 on
  the harmonization of provisions laid down by law, regulation or administrative
  action in respect of outward processing ( 2 ), of products which are to be ^
  re-imported for home use within the customs territory of the Community, shall
  be charged against the quota share of the exporting Member State .- However,
  derogations may be made in specific cases following an opinion from the
  Quota Administration Committee set up by Regulation ( EEC ) No 1023 /70 .
                                     Article 5                 '   .
           Regulation ( EEC ) No 223/77 shall apply to the movement within the Community
  of the products listed in Article 2 .
                                    Article 6
           The Council shalj. decide in due time and in any case before
   31 December 1981 on the measures to be taken after expiry of the validity of
  this Regulation as regards the export of the products listed in Articles
   1 and 2 .                                                                >
   ( 1 ) . 0J No L 58 , 8.3.1969 , p. 1
   (2)     0J No L 24 , 30.1.1976 , P. 58
 ---pagebreak---                                 Article 7
      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 1981 .
      This Regulation shall be binding in its entirety and directly applicable -
in all Member States .
Done at Brussels .                               For the Council
                                                  Thre President