****

( 1 ) OJ NO L 324 , 27 . 12 . 1969 , P . 25 .

( 2 ) OJ NO L 124 , 8 . 6 . 1970 , P . 1 .

( 3 ) OJ NO L 340 , 31 . 12 . 1979 , P . 31 .

( 4 ) OJ NO L 38 , 9 . 2 . 1977 , P . 20 .

( 1 ) OJ NO L 58 , 8 . 3 . 1969 , P . 1 .

( 2 ) OJ NO L 24 , 30 . 1 . 1976 , P . 58 .

COUNCIL REGULATION ( EEC ) NO 3438/80

OF 18 DECEMBER 1980

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 REGULATION ( EEC ) NO 3029/79 ( 3 ) FIXED COMMUNITY QUANTITATIVE EXPORT QUOTAS FOR CERTAIN TYPES OF ALUMINIUM WASTE AND SCRAP FOR 1980 ; WHEREAS THE SITUATION ON THE MARKET IN THESE PRODUCTS NO LONGER JUSTIFIES MAINTAINING THESE QUOTAS ; WHEREAS , HOWEVER , IN ORDER TO BE ABLE TO KEEP AN ACCURATE AND UP-TO-DATE CHECK ON DEVELOPMENTS IN EXPORTS OF THE PRODUCTS IN QUESTION , IT APPEARS NECESSARY TO MAKE THESE EXPORTS SUBJECT TO PRIOR AUTHORIZATION TO BE ISSUED BY THE APPROPRIATE AUTHORITIES OF THE MEMBER STATES IN A MANNER TO BE LAID DOWN ;

WHEREAS , IN ORDER TO AVOID SUPPLY DIFFICULTIES FOR CERTAIN TYPES OF COPPER ASH AND RESIDUES AND CERTAIN TYPES OF COPPER AND LEAD WASTE SCRAP , COMMUNITY QUANTITATIVE EXPORT QUOTAS WERE FIXED IN REGULATION ( EEC ) NO 3029/79 ( 3 ); WHEREAS THESE QUOTAS REMAIN IN FORCE UNTIL 31 DECEMBER 1980 ;

WHEREEA IT IS NECESSARY TO MAINTAIN THESE QUOTAS IN FORCE FOR COPPER PRODUCTS IN 1981 ;

WHEREAS THE FINAL ARRANGEMENTS FOR EXPORTS OF LEAD PRODUCTS IN 1981 HAVE YET TO BE EXAMINED ; WHEREAS , PENDING THE OUTCOME OF THAT EXAMINATION , THE QUOTA FOR THE FIRST HALF OF 1981 SHOULD BE MAINTAINED ;

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 ;

WHEREAS THE PROVISIONS RELATING TO THE MONITORING OF INTRA-COMMUNITY TRADE LAID DOWN IN COMMISSION REGULATION ( EEC ) 223/77 OF 22 DECEMBER 1976 ON PROVISIONS FOR THE IMPLEMENTATION OF TTE COMMUNITY TRANSIT PROCEDURE AND FOR CERTAIN SIMPLIFICATIONS OF THAT PROCEDURE ( 4 ) APPLY ONLY IF THE MEASURES INTRODUCING EXPORT RESTRICTIONS PROVIDE FOR THEIR APPLICATION ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . COMMUNITY EXPORTS BETWEEN 1 JANUARY AND 31 DECEMBER 1981 OF ALUMINIUM WASTE AND SCRAP FALLING WITHIN SUBHEADING 76.01 B OF THE COMMON CUSTOMS TARIFF SHALL BE SUBJECT TO PRODUCTION OF AN EXPORT LICENCE TO BE ISSUED BY THE RELEVANT 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 FROM THE DATE OF THE REQUEST ON PRESENTATION BY THE APPLICANT OF A SALE CONTRACT FOR THE ENTIRE QUANTITY REQUESTED .

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 );

( C ) THE QUANTITIES IN TONNES AUTHORIZED FOR EXPORT OR EXPORTED AS PART OF INWARD OR OUTWARD PROCESSIIN ARRANGEMENTS ;

( D ) THE THIRD COUNTRY OF DESTINATION .

THE COMMISSION SHALL PASS THIS INFORMATION TO THE MEMBER STATES .

ARTICLE 2

1 . COMMUNITY QUANTITATIVE EXPORT QUOTAS SHALL BE ESTABLISHED AS FOLLOWS FOR 1981 :

// //

CCT HEADING NO // DESCRIPTION // QUANTITY ( TONNES ) //

//

EX 26.03 // ASH AND RESIDUES OF COPPER AND COPPER ALLOYS // 22 300 //

EX 74.01 // WASTE AND SCRAP OF COPPER AND COPPER ALLOYS // 29 700 //

2 . A COMMUNITY QUANTITATIVE QUOTA SHALL BE ESTABLISHED AS FOLLOWS FOR THE FIRST HALF OF 1981 :

// //

CCT HEADING NO // DESCRIPTION // QUANTITY ( TONNES ) //

//

EX 78.01 // WASTE AND SCRAP OF LEAD // 2 250 //

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 ( 1 ), SHALL BE CHARGED AGAINST THE QUOTA OF THE EXPORTING MEMBER STATE . HOWEVER DEROGATIONS MAY BE MADE IN SPECIFIC CASES FOLLOWING AN OPINION FROM THE QUOTA ADMINISTRATION COMMITTEE SET UP UNDER REGULATION ( EEC ) NO 1023/70 .

TEMPORARY EXPORTS FOR WORKING , PROCESSING OR REPAIR 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 OF THE EXPORTING MEMBER STATE . HOWEVER DEROGATIONS MAY BE MADE IN SPECIFIC CASES FOLLOWING AN OPINION FROM THE QUOTA ADMINISTRATION COMMITTEE SET UP UNDER 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 SHALL DECIDE IN DUE TIME AND IN ANY CASE BEFORE 31 DECEMBER 1981 ON THE MEASURES TO BE TAKEN REGARDING THE EXPORT OF THE PRODUCTS LISTED IN ARTICLES 1 AND 2 AFTER THE VALIDITY OF THIS REGULATION HAS EXPIRED .

ARTICLE 7

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1981 .

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 , 18 DECEMBER 1980 .

FOR THE COUNCIL

THE PRESIDENT

C . NEY