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