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COM (83) 399 
 
 
Vol. 1983/0 149 
  
 
Disclaimer  
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 openin g 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), this fi le 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. 
Februar 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 vom 27. 9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
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COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(83)  399  final 
Brussels,  28  June  1983 
Draft 
COUNCIL  REGULATION  (EEC) 
opening, allocating and providing for the administration of a 
Community tariff  quota  for rosin (including "Brais  résineux") 
falling  within  subheading  38.08  A of the 
Common Customs  Tariff  (1984) 
(submitted  to the Council by the Commission) 
COM(83)  399  final 

EXPLANATORY MEMORANDUM 
1. The aim of this Memorandum is to present to the  Council  a draft regulation 
opening, allocating and providing for the administration of an autonomous 
zero-duty Community quota for rosin falling within subheading  38.08  A of 
the Common Customs  Tariff  (1984). 
2. This  point was examined at a meeting of the Economic  Tariff  Problems 
Group  held on 20  April  1983. 
During  this meeting all of the Member  States  were  in agreement on 
opening a  tariff  quota for 1984, the volume of which would be at the  same 
level as in 1983, that is at 12 000  tonnes  to avoid upsetting the market 
equilibrium  in this product and to guarantee a parallel development in the 
market  for Community production as well as supplies to user industries 
under  favourable conditions. 
3. The breakdown of this quota among the Member  States,  as proposed by the 
Commission,  was based on the import  concessions  on priority for the  last 
three years and the requirements notified by the Member  States  for 1984, 
taking  into account the need to safeguard the Community character of the 
quota while allocating a share to Ireland  whose  concessions  on priority are 
nil. 

-2-
ihiports  from  non-preferential  third  countries were as follows for 1980, 
1981 and 1982 : 
1980 1981 1982 
Member  States Member  States 
tonnes % tonnes % tonnes  i % 
Benelux 3 370 15-93 3 749 31 .69 1 120 16.82 
Denmark 48 0-23 77 0.65 213 3.20 
Crrmany 5 527 2612 2 594 21 .93 3 105 46.62 
Greece 29 0.13 0 0 0 0 
prance 6 410 30-29 3 062 25 .88 213 3.20 
Ireland 0 0 0 0 0 0 
Italy 1 4H6 7 02 204 1 .73 120 1 .80 
United  Kingdom 4 2V\ 20-28 2 144 18.12 1 889 28.^6 
However,  in view of the relatively high  tariff  quota proposed as compared 
with  the need for imports into the  Community  from  non-preferential non-
Community  countries and in view of the fact that the quotas opened in 
1981 and 1982 were not used up, the Commission proposes that the 12 000 
tonnes be  divided  into two tranches and that 1 000 tonnes be allotted to 
Community  reserves to cover the possible  needs  of Member  States which 
have used up their  initial  share and to take up the balance of the 
apparently  excessively high shares. 

Draft 
COUNCIL  REGULATION  (EEC) 
opening,  allocating  and  providing  for the  administration  of a  Community tariff  quota  for 
rosin, including  'brais  resineux',  falling  within  subheading  38.0S A of the  Common 
Customs  Tariff (198 4) 
THE  COUNCIL  OF  THE  EUROPEAN 
COMMUNITIES, 
Having  regard  to the  Treaty establishing  the 
European  Economic Community,  and in  particular 
Article  28 thereof, 
Having  regard  to the  draft Regulation submitted  by 
the Commission, 
Whereas production  in the  Community  of rosin 
falling  within  subheading 38.08  A of the  Common 
Customs  Tariff  is currently insufficient  to meet  the 
requirements  of the  processing industries  in the 
Community;  whereas, consequently, Community 
supplies  of products  of this type currently depend  to a 
considerable extent  on  imports  from  third countries; 
whereas  the  most urgent Community requirements 
for the  products  in  question should  be met 
immediately  on the  most favourable terms; whereas  a 
nil duty Community  tariff  quota should therefore  be 
opened  within  the  limits  of an  appropriate amount; 
whereas,  in order  not to  jeopardize  the  balance  of the 
market  for  this product  and to  ensure parallel 
development  in outlets  for  Community production 
and satisfactory security  of  supplies  for  user 
industries,  the  volume  of the  Community  tariff  quota 
should  be fixed  at 12  000 tonnes; Whereas  it is in  particular necessary  10 ensure  for all 
Community  importers equal  and  uninterrupted access 
to the  abovementioned quota  and  uninterrupted 
application  of the  rate  laid  down  for  that  quota  to all 
imports  of the  products concerned into  all  Member 
States  until  the  quota  has  been used  up;  whereas, 
having  regard  to the  above principles,  the Community 
nature  of the  quota  can be  respected  by allocating  the 
Community  tariff  quota among  the  Member States; 
whereas,  in order  to reflect  as accurately  as possible 
the true  trend  of the  market  in the  products  in 
question, such allocation should  be in  proportion  to 
the requirements  of the  Member States, calculated  by 
reference  to the  statis'ics  for  imports  from  non-
preferential  third countries over  a representative 
reference period  and  also  to the  economic outlook 
for the  quota period  in question; 
Whereas,  on the  basis  of the  statistics  at present 
available,  imports into  the  Member Stales  in 19S?#, 
19^1  and  19S£.  of the  product concerned, originating 
in these  countries, have developed  as follows  and 
represent  the  following  percentages  of  total imports 
into the  Community: 
Member  States 1980 1981 1982 
Member  States 
tonnes % tonnes  ! % t onnes ! % 
Benelux 3 370 15 •93 3 749 31 .69 1 120 Î16 .82 
Denmark 48 0 23 77 0 .65 213 ! 3 .20 
Germany 5 527 26 12 2 594 21 .93 3 105 \ 46 .62 
Greece 29 0 .13 0 0 0 ! 0 
France 6 410 30 29 3 062 25 .88 213 ! 3 .20 
Ireland 0 0 0 0 0 : 0 
Italy 1 486 7 02 204 1 .73 120 ; 1 .80 
United Kingdom 4 291 20 28 2 144 18 .12 1 889 !28 .36 
Whereas, taking into account  these  figures  and the 
foreseeable development  of the  product concerned 
during  198 4,  the  initial  shares  may be  fixed  approxi­
mately  at the  following  percentages: 
Benelux  19.67 
Denmark  1.5 6 Germany 
Greece 
France 
Ireland 
Italy 
United  Kingdom 36.88 
0.08 
12.98 
0.04 
5 .04 
23.76 

- 2 -
Whereas, in  < der to take into account import trends 
for the proiit ct concerned in the various Member 
States, the quota amount should be  divided  into two 
instalments, the first being shared among the Member 
States  and the second constituting a reserve to cover at 
a later  date  the requirements of those Member  States 
which  have used up their  initial  quota share; whereas, 
in order to give importers in each Member State a 
certain  degree of security, the first instalment of the 
Community  quota might under the circumstances be 
fixed  at approximately 90 % of the quota volume; 
Whereas the Member States'  initial  shares  may be 
used up at different times; whereas, in order to take 
this fact  inti 1 account and  avoid  any break in 
continuity,  any Member State  which  has almost used 
up its  initial  quota  share  should draw an additional 
share  from  the reserve; whereas this must be done by 
each Member State as and when each of its additional 
shares  is almost used up, and repeated as many times 
as the reserve  allows;  whereas the  initial  and 
additional  shares  must be  valid  until  the end of the 
quota period; whereas this method of administration 
requires close cooperation between the Member 
States  and thr  Commission,  and the latter must be in 
a position to monitor the extent to  which  the quota 
volume  has been used up and to  inform  the Member 
States  thereof; 
Whereas if, at a given  date  in the quota period, a 
substantial quantity remains unused, it is essential  that 
that Member State should return a significant pro­
portion  to the reserve to prevent a part of any  tariff 
quota  from  remaining unused in one Member State 
when  it could  be used in others; 
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 
operation relating to the administration of the quota 
shares  allocated to  that  Economic  Union  may be 
carried  out by any of its members, 
HAS  ADOPTED  THIS  REGULATION: 
Article  1 
1. During  the period  1 January to  31 December 
1984,  the Common Customs  Tariff  duty for rosin, 
including  'brats  résineux',  falling  within  subheading 
38.08  A shall  be totally suspended  within  the  limits  of 
a Community  tariff  quota of  12 000  tonnes. 
2. Imports of the product in question benefiting 
from  the same or lower customs duties under pref­
erential  arrangements  shall  not be charged against 
this tariff  quota. 3. Within  the  limits  of this  tariff  quota, Greece 
shall  apply duties calculated in accordance  with  the 
relevant provisions  laid  down in the 1979 Act of 
Accession. 
Article  2 
1. The  tariff  quota referred to in  Article  1 (1)  shall 
be divided  into two instalments. 
2. The first instalment, amounting to 11 000 
tonnes,  shall  be shared among the Member States; the 
shares  which,  subject to  Article  5, shall  be valid  until 
31 December 1984,  shall  be as  follows: 
(tonnes) 
Benelux 2 164 
Denmark 180 
Germany 4 057 
Greece 9 
France 1 428 
Ireland 4 
Italy 554 
United  Kingdom 2 614 
3. The second instalment, amounting to 1 000 
tonnes,  shall  constitute the reserve. 
Article  3 
1. If 90 % or more of any Member  State's  initial 
share  as specified in  Article  2 (2), or 90 °/o of  that 
share  minus the portion returned to the reserve where 
Article  5 has been applied, has been used up, then, to 
the extent permitted by the amount of the reserve, 
that Member State  shall  forthwith, by  notifying  thè 
Commission,  draw a second  share  equal to 10 % of 
its initial  share, rounded up where necessary to the 
next unit. 
2. If, after its  initial  share  has been used up, 90 % 
or more of the second  share  drawn by a Member 
State has been used up, then, to the extent permitted 
by the amount of the reserve,  that  Member State 
shall,  in accordance  with  the conditions  laid  down in 
paragraph 1, draw a third  share  equal to 5 % of its 
initial  share. 
3. If, after its second  share  has been used up, 90 % 
or more of the third  share  drawn up by a Member 
State has been used up,  that  Member State  shall,  in 
accordance  with  the conditions  laid  down in 
paragraph 1, draw a fourth  share  equal to the third. 
This  process  shall  continue  until  the reserve is used 
up. 
4. By way of derogation  from  paragraphs 1, 2 and 
3, a Member State may draw  shares  smaller than 
those  fixed  in those paragraphs if  there  is reason to 
believe  that  they might not be used up. It  shall  inform 
the Commission  of its reasons for applying this 
paragraph. 

- 3 -
Article  4 
The additional shares drawn pursuant to  Article  3 
shall  be valid  until  31 December 198^. 
Article  5 
The Member  States  shall  return to the reserve, not 
later  than 1 October 1984, such unused portion of 
their  initial  shares as, on 15 September 1984 is in 
excess of 20 % of the  initial  volume. They may return 
a larger quantity if there are grounds for  believing 
that this quantity may not be used. 
The Member  States  shall  notify  the  Commission,  not 
later  than 1 October 1984, of the total quantities of 
the products in question imported up to 15 September 
1984  and charged against the  tariff  quotas and of any 
quantity  of the  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, as soon as it is  notified,  inform  each 
Member  State of the extent to  which  the reserves 
have been used up. 
It shall  inform  the  Member  States, not later than 
5 October 1984 of the amount in the reserve after 
quantities have been returned thereto pursuant to 
Article  5. 
It shall  ensure  that  the drawing  which  exhausts any 
reserve does not exceed the balance available and, to 
this end,  notify  the amount of  that  balance to the 
Member  State  making  the last  drawing. Article  7 
1. The  Member  States  shall  take all measures 
necessary 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  accumulated shares of the  tariff  quota. 
2. The  Member  States  shall  ensure  that  importers 
of the products in question 
have free access to the shares allocated to 
them. 
3. The  Member  States  shall  charge the imports of 
the products concerned against their shares as and 
when  the products are entered  with  customs 
authorities  for free  circulation. 
4. The extent, to  which  a Member  State has used 
up its shares  shall  be determined on he bas.:" of the 
imports  charged undcr the conditions set in 
paragraph 3. 
Article  8 
At the Commission's  request, the  Member  States  shall 
inform  it of imports actually charged against their 
shares. 
Article  9 
The Member  States and the  Comniisjio.i  shall 
cooperate  closely  to ensure  that  this  Regulation  is 
complied  with. 
Article  10 
This  Regulation  shall  enter ntc force on 1 January 
198 4. 
This  Regulation  shall  be binding  in its entirety and  directly  -pplicablc  in nil  Member 
States. 
Done  at Brussels, 
For the Council 
The President