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COUNCIL REGULATION ( EEC ) NO 1385/79

OF 3 JULY 1979

INCREASING THE COMMUNITY TARIFF QUOTA OPENED FOR 1979 BY REGULATION ( EEC ) NO 2919/78 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 1979 TOTALLING 5 500 TONNES HAS BEEN OPENED BY THE COUNCIL AND ALLOCATED AMONG THE MEMBER STATES BY REGULATION ( EEC ) NO 2919/78 ( 1 ) ;

WHEREAS THE ECONOMIC DATA AT PRESENT AVAILABLE WITH REGARD TO THE CONSUMPTION AND PRODUCTION OF UNWROUGHT MAGNESIUM DO NOT YET PERMIT COMMUNITY REQUIREMENTS OF 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 PRODUCTION ; WHEREAS THE QUOTA CONCERNED SHOULD THEREFORE BE INCREASED BY AN APPROPRIATE AMOUNT , APPROXIMATELY 3 400 TONNES ; 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 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 300 TONNES OF UNWROUGHT MAGNESIUM CONTAINING 99,95 % OR MORE BY WEIGHT OF PURE MAGNESIUM ( EXTRA-PURE MAGNESIUM ) , 600 TONNES OF UNWROUGHT MAGNESIUM CONTAINING 99,8 % OR MORE BY WEIGHT AND NOT EXCEEDING 99,95 % OF PURE MAGNESIUM ( UNWROUGHT MAGNESIUM NOT IN ALLOY ) , AND 2 500 TONNES 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 LAST VOLUME BEING DIVIDED AMONG THE MEMBER STATES IN ACCORDANCE WITH THE PERCENTAGES ORIGINALLY USED WHEN THE FIRST INCREASE TO THE QUOTA FOR 1978 WAS MADE ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE VOLUME OF THE COMMUNITY TARIFF QUOTA OPENED BY REGULATION ( EEC ) NO 2919/78 FOR UNWROUGHT MAGNESIUM FALLING WITHIN SUBHEADING 77.01 A OF THE COMMON CUSTOMS TARIFF IS HEREBY INCREASED FROM 5 500 TO 8 900 TONNES .

THIS INCREASE OF 3 400 TONNES SHALL BE ALLOCATED AS FOLLOWS :

( A ) 300 TONNES 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 ) 600 TONNES 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 ) 2 500 TONNES OF UNWROUGHT MAGNESIUM CONTAINING LESS THAN 99,8 % BY WEIGHT OF PURE MAGNESIUM ( UNWROUGHT MAGNESIUM IN ALLOY ) .

ARTICLE 2

THE VOLUMES OF 300 TONNES AND 2 500 TONNES 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 ALLOCATED TO THE COMMUNITY RESERVES SET UP UNDER ARTICLES 2 ( 1 ) AND 3 ( 2 ) OF REGULATION ( EEC ) NO 2919/78 , WHICH SHALL THUS BE INCREASED FROM 600 TO 900 TONNES AND FROM 425 TO 2 925 TONNES RESPECTIVELY .

ARTICLE 3

1 . A FIRST TRANCHE OF THE AMOUNT REFERRED TO IN ARTICLE 1 ( B ) , OF 560 TONNES OF UNWROUGHT MAGNESIUM NOT IN ALLOY , SHALL BE ALLOCATED AMONG THE MEMBER STATES AS FOLLOWS :

* ( TONNES ) *

BENELUX*116,5*

DENMARK*0,2*

GERMANY*365,5*

FRANCE*12*

IRELAND*0,2*

ITALY*1,6*

UNITED KINGDOM*64*

2 . THE SECOND TRANCHE OF 40 TONNES 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 2919/78 , IS THUS INCREASED FROM 130 TO 170 TONNES .

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 , 3 JULY 1979 .

FOR THE COUNCIL

THE PRESIDENT

M . O'KENNEDY

( 1 ) OJ NO L 354 , 18 . 12 . 1978 , P . 10 .