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COM (83) 646 
 
 
 
Vol. 1983/0 237 
  
 
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Conformém ent 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 
règlem ent. 
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 Econom ic 
Communit y and the European Atom ic Energy Communit y (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), t his 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. 
Februa r 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 v om 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.  
COMMISSION O F THE EUROPEAN COMMUNITIES
COM(83) 646 final 
Brussels, 3 November 1983
Proposal for a 
COUNCIL REGULATION (EEC)
opening, allocating and providing for the administration of a 
Community tariff quota for newsprint falling within subheading 
48.01 A of the Common Customs Tariff (1984) and extending this quota 
to include certain other types of paper
(submitted to the Council by the Commission)
COM(83) 646 final

EXPLANATORY MEMORANDUM
1. At the Last multilateral GATT negotiations, the Community undertook to 
open annually a nil-duty Community tariff quota for 1  500 000 tonnes 
of newsprint falling within subheading 48.01 A of the Common Customs 
Tariff.
However, as from 1  January 1984 newsprint originating in the EFTA-countries
can be imported duty free as a result of agreements concluded with these 
countries. The aforesaid quota must therefore be reduced to a level 
which needs to be determined.
Moreover, Protocol No 13 annexed to the Act of Accession also provides 
for the opening of an autonomous Community tariff quota for this pro­
duct when it has been established that all possibilities of supply on 
the internal market of the Community have been exhausted during the 
period for which the quota is opened.
2. Pending evaluation of the volume of requirements to be covered by the 
tariff quota in question on the basis of trade flows or négociations, 
this volume should be fixed at a provisional level, made up of a 
contractual part and an autonomous part, which might be as much as 
500 000 tonnes in view of past imports. This amount, calculated from 
cautions estimates, can be reviewed as required during the quota period.
This caution is justified all the more in the present case because 
account should be taken of the uncertainties regarding the levels 
of consumption, production and imports from EFTA and third countries, 
as well as of the need to ensure parallel development of the flow 
in Community production and of supplies for the consumer industries 
on satisfactory terms.
3. The tariff quota is allocated in accordance with the method which has 
normally been applied :  allocation is based on past import figures and 
on estimates for the quota year in question.

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Furthermore, in view of the size of the quota proposed from the start, 
the Commission considers that it would be contrary to the Community 
nature of this quota to divide it up into shares allocated definitively 
to all the Member States. It therefore proposes a system of administra­
tion based on the establishment of a Community reserve limited to 10 %.
4. Pending a definitive decision on the problem of watermark criteria,
contained in the Additional Note to Chapter 48, it is proposed to renew 
for 1984 the possibility for the Member States to charge against the 
quota concerned other types of paper which, leaving aside the criteria 
of watermarks, correspond to the definition of newsprint to be found 
in the abovementioned Additional Note.

Proposal for a 
COUNCIL REGULATION (EEC)
opening, allocating and providing for the administration 
of a Community tariff quota for newsprint falling within 
subheading 48.01 A of the Common Customs Tariff (1984) 
and extending this quota to include certain other types 
of paper
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishinn the European Economic Commu­
nity, and in particular Articles 28 and 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Community has undertaken to open an annual duty-free 
Community tariff quota of 1  500 000 tonnes of newsprint falling 
within subheading 48.01 A of the Common Customs Tariff ;  
whereas this volume must however be reduced to allow for imports 
from the countries of the European Free Trade Association (EFTA) 
since these imports can be effected duty free as from 1  January 1984 
by virtue of the agreements concluded with these countries ;  whereas 
in accordance  with Protocole 13 annexed to the 1972 Act of Accession (1), 
each year an autonomous Community tariff quota is to be opened at zero 
duty when it has been established that all possibilities of supply 
on the internal market of the Community have been exhausted during 
the period for which the quota is opened ;  whereas pending evaluation 
of volume of requirements to be covered by the quota in question on the 
basis of trade flows, this volume should be fixed at a provisional 
level made up of a contractual part and an autonomous part, which 
might be as much as 500 000 tonnes in view of past imports ;  whereas 
the fixing of the quota volume at this level does not rule out a 
readjustment during the quota period ;  whereas a duty free Community 
tariff quota of 500 000 tonnes should therefore be opened for 1984 ;
... /  ...
0J No L 73, 27.3.1972, p. 171.

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Whereas provision should be made for extending the 
tariff quota in question to include certain types of 
paper fulfilling all the conditions set out in the Addi­
tional Note to Chapter 48 except those relating to 
water marks ;
Whereas equal and continuous access to the quota 
should be ensured for all Community importers and 
the rate of duty for the tariff quota should be applied
without interruption to all imports of the product in 
question until the quota is exhausted ; whereas in the 
light of these principles, arrangements for the utiliza­
tion of the Community tariff quota based on an alloca­
tion among Member States would seem to be consis­
tent with the Community nature of the quota ;  
whereas, in order that it may correspond as closely as 
possible to the actual trend of the market in the 
product in question, allocation of the quota should be 
in proportion to the requirements of the Member 
States as calculated by reference to statistics on 
imports from third countries wh i C  h do not benefit 
from a si mi lar preference, during a 
representative reference period and to the 
economic outlook for the year covered by 
the quota in question;
Whereas, for the past three years for which complete 
statistics are available, the imports of each of the 
Member States sharing in the above allocation 
amounted to the following percentages of total imports 
of the products in question :
1980 1981 1982
Benelux 9,12 8,43 8,08
Denmark 0 0 0,03
Germany 15,96 13,25 15,02
Greece 0,36 0,81 0,05
France 3,14 1,22 1,00
Ireland 1,65 0,85 1,34
Italy N 0,04 0,19 0,52
United Kingdom 69,73 75,25 73,96

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Whereas, in view of the above and of the foreseeable 
trend on the market in newsprint, in general, and of 
Community production in particular during 1984 the 
initial quota may be allocated approximately in the 
following percentages :
Benelux 11,32
Denmark 0,14Germany 12,74Greece 0,03France0,57Ireland 1,42Italy 0,14
United Kingdom73,64 ;
Whereas to take account of import trends for the 
product concerned, the quota should be divided into 
two tranches, the first being allocated among the 
Member States and the second held as a reserve to 
cover subsequently the requirements of Member States 
which have exhausted their initial shares ; whereas, to 
give importers some degree of certainty and yet enable 
Community production to be disposed of on satisfac­
tory terms, the first tranche of the quota should be 
fixed at çq % of the full amount ;
Whereas Member States may exhaust their initial 
shares at different rates ;  whereas, to provide for this 
eventuality and avoid disruption of supplies, any 
Member State which has almost used up its initial 
share should draw an additional share from the 
reserve ; whereas each time its additional share is 
almost exhausted a Member State should draw a 
further share, and so on as many times as the reserve 
allows ; whereas the initial and additional shares 
should be valid until the end of the quota period ;  
whereas this form of administration requires close 
collaboration between the Member States and the 
Commission, and the latter must be in a position to 
keep account of the extent to which the quota has 
been used up and to inform the Member States accor­
dingly ;
Whereas if at a given date in the quota period a consi­
derable quantity of a Member State’s initial share 
remains unused it is essential, to prevent a part of the 
Community tariff quota from remaining unused in 
one Member State while it could be used in others, 
that such State should return a significant proportion 
thereof to the reserve ;

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Whereas, since the Kingdom of Belgium, the 
Kingdom of the Netherlands and the Grand Duchy of 
Luxembourg are united within and jointly represented 
by the Benelux Economic Union, any transaction in 
respect of the administration of the shares allocated to 
that economic union may be carried out by any one of 
its members,
HAS ADOPTED THIS REGULATION :
Article 1
1. During the period 1  January to 31 December 
1984,,a Community tariff quota of 500 000 tonnes 
shall be opened in respect of newsprint falling within 
subheading 48.01 A of the Common Customs 
Tariff (').
2. Member States may charge against this tariff 
quota the other types of paper complying with the 
definition of newsprint contained in the Additional 
Note to Chapter 48, except as regards the criteria 
governing watermarks.
3. Imports of newsprint shall not be charged against 
this tariff quota if they are already free of customs 
duties under other preferential tariff treatment.
4. The Common Customs Tariff duty shall be 
totally suspended within the limit of the above quota.
Within the limits of the above quota, Greece shall 
apply duties calculated in accordance with the relevant 
provisions laid down in the 1979 Act of Accession.
Article 2
1. The Community tariff quota referred to in 
Article 1  shall be divided into two tranches.
2. A first tranche of 450 000 tonnes shall be allo­
cated among the Member States. Member States’  
shares, which subject to Article 5 shall be valid from 1  
January until 31 December 198*/ shall be as follows :
(') Entry under this subheading is subject to conditions to be 
determined by the competent authorities.

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(tonnes)
Benelux 50.960
Denmark 620
Germany 57.350
Greece 120
France 2.550
Ireland 6.380
Italy 620
United Kingdom 331 .400
3. The second tranche, of 50 000 tonnes, shall 
constitute the reserve.
Article 3
1 . If 90 % or more of a Member State’ s initial share 
as fixed in Article 2 (2), or of that share minus the 
portion returned to the reserve where Article 5 has 
been applied, has been used up, it shall forthwith, by 
notifying the Commission, draw a second share, to the 
extent that the reserve so permits, equal to 1 0% of its 
initial share, rounded up as necessary to the next 
whole number.
2. If, after its initial share has been exhausted, 90 % 
or more of the second share drawn by a Member State 
has been used up, that Member State shall, in the 
manner and to the extend provided in paragraph 1, 
draw a third share equal to 5 % of its initial share.
3. If, after its second share has been exhausted, 
90 % or more of the third share drawn by a Member 
State has been used up, that Member State shall, in the 
manner and to the extend provided in paragraph 1, 
draw a fourth share equal to the third.
This procedure shall apply until the reserve is 
exhausted.
4. Notwithstanding paragraphs 1, 2 and 3, Member 
States may draw lesser shares than those specified in 
those paragraphs if there are grounds for believing that 
those specified may not be used in full. They shall 
inform the Commission of their reasons for applying 
this provision.
Article 4
Additional shares drawn pursuant to Article 3 shall be 
valid until 31 December 198 4
Article  5
The Member States shall return to the reserve, not later 
than 1  October 198 4 , the unused portion of their 
initial share which, on 15 September 1984^is in excess 
of 20 % of the initial amount. They may return a 
greater portion if there are grounds for believing that 
such portion may not be used in full.

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Member States shall, not >ater than 1  October 198^ 
notify the Commission of the total quantities of the 
products in question imported up to and including 15 
September 1984» and charged against the Community 
tariff quota and of any portion of their initial shares 
returned to the reserve.
Article 6
The Commission shall keep an account of the shares 
opened by the Member States pursuant to Articles 2 
and 3 and shall, as soon as it has been notified, inform 
each Member State of the extent to which the reserve 
has been used up.
It shall inform the Member States, not later than 5 
October 1984' of the amount still in reserve after 
amounts have been returned thereto pursuant to 
Article 5.
It shall ensure that when a quantity exhausting the 
reserve is drawn, the amount so drawn does not exceed 
the balance available, and to this end shall notify the 
amount of that balance to the Member State making 
the last drawing.
Article 7
1. Member States shall take all appropriate measures 
to ensure that additional shares drawn pursuant to 
Article 3 are opened in such a way that imports may 
be charged without interruption against their accumu­
lated share of the quota.
2. Member States shall take all measures necessary 
to ensure that the types of paper referred to in Article 
1 included in this tariff quota are in fact intended 
for the printing of newspapers, weekly papers or other 
periodicals of heading No 49.02, published at least 10 
times per year.
In such a case, the control of the use of the goods for 
the prescribed end-use shall be carried out by applying 
the relevant Community provisions.
3. Member States shall ensure that importers of the 
products in question
have free access to the shares allocated to it.
4. The extent to which a Member State has used up 
its shares shall be determined on the basis of imports 
of the products in question entered with the customs 
authorities for free circulation.

Article 8
At the Commission’s request, the Member States shall 
inform it of imports actually charged against their 
shares.
Article 9
Member States and the Commission shall cooperate 
closely to ensure that this Regulation is complied with.
Article 10
This Regulation shall enter into force on 1  January
1984.
This Regulation shall be binding in its entirety and directly applicable in all Member 
States.
Done at Brussels,
For the Council
The President- 7 -