CELEX: 51976PC0247
Language: en
Date: 1976-06-02
Title: Proposal for a COUNCIL REGULATION (EEC) increasing the Community tariff quota opened for 1976 by Regulation (EEC) No 126/76 for unwrought magnesium falling within subheading 77.01 A of the Common Customs Tariff (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 247
Vol. 1976/0081
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(76 ) 247 final
                                                     Brussels , 2 June 1976
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                       .1                                       • ■ v         i
             ,                       Proposal for a
                                 COUNCIL REGULATION ( EEC )
                                              \               -
                 increasing the Community tariff quota opened
)                for 1976 by Regulation ( EEC ) No 126/76 for
  /              unwrought magnesium falling within subheading
                 77.01 A of the Common Customs Tariff
                 ( submitted to the Council by the Commission)
          ι
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   COM ( 76 ) 247 final
 ---pagebreak---                             EXPLANATORY MEMORANDUM
1.    By Regulation (EEC) No 126/76 of 20 January 1 97 6 ' , 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 initially totalling 5 500 metric tons , based
      on estimates put forward at the end of 1975 , which moreover did not
      preclude adjustments during the quota period .
      When this Regulation was adopted by the Council , the Commission was
      prompted to declare its readiness to further the study of the state' of
      the market in this product and to propose an increase in the quota
      volume before mid-1976 if it appeared that Community requirements as
      regards imports from non-member countries would exceed the quota
      volume under consideration .
      Such is the objective of this proposal fbr a regulation .
                                                1
2.    A review of the state of the market in magnesium and of Community
      requirements for imports from non-member countries was carried out at
      the meeting of the Economic Tariff Problems Group , held on 23 March
      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 effect produced by the different resumption of trade in the
            various sectors of the economy and , in particular , in the
            aluminium sector may result , fairly shortly , in an increase in
            the consumption of magnesium, starting from Community imports
            from non-member countries ;
      (b )  by extending the present plants in Italy production there may ,
            during the coming months , reach a level above 15 000 metric tons ;
      ( c)  the estimates put forward by the Member States set the usual
             factors for calculating the quota at the following approximate
             levels :
   OJ No L 14 of 23 January 1976 , p. 1 .
 ---pagebreak---                               2
        - consumption                            57 136 metric tons
        - production                             24 729 metric tons
        - inward processing traffic               3 650 metric tons
        - duty-free imports carried out
          under other preferential tariff
          treatment
          ( EFTA , associated countries , etc .)  2 032 metric tons
        - exports to non-member countries         1 982 metric tons
        - unusual stocks existing on 31
          December 1975                           2 300 metric tons
   (d ) on this basis and in view of the quota volume of 5 500 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 17 000 metric
        tons .
3. These various factors make it necessary to be more cautions when
   fixing quota volumes for this product , taking into account the
   uncertainty as to the level which Community consumption might reach
   during 1976 .
   For this reason the Commission considers it necessary , in the
   expectation of a further review of the situation which might be
   carried out in September on the basis of more specific estimates , to
   confine itself again to a provisional increase in the tariff quota of
   4 500 metric tons .
4* As regards the splitting up of the 4 500 metric tons under consideration
   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 1 750 metric tons could be covered to a
   large extent by the quota opened at the beginning of the year ( 600
   metric tons ) and by Community production of about 700 metric tons . In
   the expectation of a subsequent review, an immediate increase of 350
   metric tons allocated to this quality of magnesium should cover the
   short-term requirements of the Community industries .
 ---pagebreak---                                        3
   Moreover , it is proposed that the balance , i.e. 4 150 metric tons , be
   split up among the other two qualities according to the same
   percentages as those used under the intial regulation and thus to
   allocate 1 120 metric tons to unwrought magnesium not in alloy and 3
   030 metric tons to unwrought magnesium in alloy .
5. The supplementary volumes of 350 and 3 030 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---                                  Proposal for
                      COUNCIL REGULATION (EEC )
              increasing the Community tariff quota opened for 1976
             by Regulation (EEC) No 126/ 76 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 ,
                                                                              J
  Whereas , for unwrought magnesium falling within subheading 77.01 A of the
  Common Customs Tariff , a Community tariff quota for 1976 totalling 5 500
  metric tons has been opened by the Council and allocated among the Member
  States by Regulation (EEC) No 126/76 ( 1 ).
  Whereas the economic data at present available with regard to the consump­
  tion and production of unwrought magnesium do not yet permit Community
  requirements for 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 pro­
  duction ; whereas the quota concerned should therefore be increased by .
  an appropriate amount , approximately 4 500 metric tons ; whereas the fixing
  at this level of this supplementary quota does not preclude further
  adjustments during the quota period ; whereas , in view, moreover , on the
  one hand of the present requirements in unwrought magnesium not in alloy
 with a pure magnesium content of not less than 99.95% and on the other
 hand of the quantities available in the Community and of the possible
  increase in production by Community industries based principally on
                                                I
 unwrought magnesium not in alloy , and also the possibility 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 350 metric tons of unwrought magnesium containing 99.95%
 or more by weight of pure magnesium ( extra-pure magnesium), I 120 metric
  tons of unwrought magnesium containing 99.8% or more by weight and not
_                                      I
®0J No L 14, 23.1.1976 ,. p. 1.
 ---pagebreak---                                       2
exceeding 99.95% of pure magnesium (unwrought magnesium not in alloy), and
3 030 metric tons of unwrought magnesium containing not more than 99 . 8% by
weight of pure magnesium (unwrought magnesium in alloy);
Whereas as far as the distribution of the above quota volumes 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 :                                                '
                                                                               Λ
                               Article 1
The volume of the Community tariff quota opened by Regulation (EEC ) No
126/ 76 for unwrought magnesium falling within subheading 77.01 A of the
Common Customs Tariff is hereby increased from 5 500 to 10 000 metric tons .
This increase of 4 500 metric tons shall be allocated as follows :
( a)     350 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 )     1 120 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)      3 030 metric tons of unwrought magnesium containing less than 99.8%
         by weight of pure magnesium (unwrought magnesium in alloy) .
                                             I                        f
                                             1
 ---pagebreak---                                      3
                                Article 2
The volumes of 350 metric tons and 3 030 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 to Articles 2 ( 1 ) and 3 ( 2 ) of
Regulation (EEC) No 126/ 76 , which shall thus be increased from 600 to 950
metric tons and from 425 to 3 455 metre tons respectively .
                                Article 3
1.   A first tranche of the amount referred to in Article 1 (b ), of 1 000
     metric tons of unwrought magnesium not in alloy , shall be allocated '
     among the Member States as follows :
          Benelux                    167.4 metric tons
          Denmark                       0.4 metric tons
          Germany                    678    metric tons
          France                       33.4 metric tons
          Ireland                       0.4 metric tons
          Italy                         3.3 metric tons
          United Kingdom             117.1 metric tons .
2.   The second tranche of 120 metric tons , shall constitute the reserve .
     The amount of the reserve for this type of unwrought magnesium,
     provided for in Article 3 ( 2 ) of Regulation (EEC ) No 126/ 76 , shall be
     increased from 130 to 250 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 ,                                   For the Council
                                                      The President