CELEX: 51982PC0542
Language: en
Date: 1982-09-21
Title: 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 (1983) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 542
Vol. 1982/0176
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(82)542 final
                                                  Brussels , 21 September 1982
                                     Draft
                               COUNCIL REGULATION  ( EEC )
       opening , allocating and providing for the administration of a Community
       tariff quota for rosin , including 'brais résineux' , falling within sub­
       heading 38.08 A of the Common Customs Tariff ( 1983 )
                    ( submitted to the Council by the Commission )
                             SorU au          ,
C0M(82 ) 542 final
 ---pagebreak---                         EXPLANATORY MEMORANDUM
                                            Ai
 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 ( 1983).
                               ; ; i.ï>rcs  et
2.  This point was examined, at a_ pieeting of the Economic Tariff Problems
     Group held on 26 and 27 April 1982. It emerged from this meeting that :
                                            A
    a) Greek production, running at some 13 000 tonnes per year, is having
        problems finding buyers in the Community to the extent that k 200
        tonnes of stocks were recorded at the end of 1981 :
                                        .s él«- ■
    b) imports from non-Community countries, normally subject to common
        customs tariff duty or to reduced duty by virtue of other preferential
        tariff arrangements, reached levels of 16 710 , 17 055 and 21 161 tonnes
        respectively for the years 1978 , 1979 and 1980, for which statistics
        were collected;
    c) the quota of 19 959 tonnes opened for 1981 was only used to the amount
        of 13 351 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 , the Commission
    proposes tha't the tariff quota for 1983 be set at 12 000 tonnes .
3.  The breakdown of this quota among the Member States , as proposed by the
    Commission, was based on the only data available, i.e. the import
    concessions on priority for the three abovementioned years and on the need
    to safeguard the Community character of the quota while allocating a
    share to Ireland whose concessions on priority are nil .
 ---pagebreak---                                    -2-
Imports from non-preferential third countries were as follows for 1978 ,
 1979 and 1980 ;
 Member State            1978                  1979                 1980
                     in tonnes     in %    in tonnes    in %    in tonnes  in %
    Benelux             2 169     12.98      3 085     18.09      3 370   15.93
   Denmark                57      0.34          54     0.32          48    0.23
   Germany             4 124      24.68      5 400     31.66      5 527   26.12
     Greece               0          0           0        0           0      0
     France            5 242      31.37      3 185     18.17      6 410   30.29
     Ireland               0         0           0        0           0      0
       Italy             578      3.46         466     2.73        1 486  7.02
United Kingdom          4 540     27.17       4 865    28.53       4 291  20.28
      Total            16 710                17 055               21 161
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 quota opened in 1981
was 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 needs of Member States which have used up their
initial share an to take up the balance of excessively high shares.
 ---pagebreak---                                                        Draf t
                                    COUNCIL REGULATION (EEC)
                opening, allocating and providing for the administration of a Community tariff
                quota for rosin, including 'brais resineux', falling within subheading 38.08 A of
                                          the Common Customs Tariff ( 198 3 )
 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 immedi­
 ately 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 to 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 statistics for imports from
non preferential third countries over
a representative reference period and
also to the economic outlook for the
quota period in question ;
 ---pagebreak---                     Whereas, on the basis of the statistics at present
                    available, imports into the Member States in 1978,
                    1979 and 1980 of the product concerned, originating in these
             countries, have developed as follows and represent the
                    following percentages of total imports into the
                    Community:
                                           1978                 1979                1980
           Member States
                                    tonnes        %      tonnes        %     tonnes        %
Benelux                           2 169                 3 085 18 . 09
                                              12 . 98                        3 370 15 . 93
Denmark                                  57     0 . 34        54     0 . 32       48     0 . 23
Germany                            4 124 24 . 68        5 400 31 . 66        5 527 26 . 12
 Greece                                    υ    U               0    0              0    0
France
                                  5 242 31 . 37        3 185 18 . 17         6 410 30 . 29
Ireland                                    0    0               0    0              0    0
Italy                                  578      3 . 46      466      2 . 73  1 486       7 . 02
United Kingdom                    4 540       27 . 17  4 865       28 . 53   4 291     20 . 28
                          Total  16 710                17 055               21 161
 ---pagebreak---   Whereas, taking into account these figures and the          Luxembourg are united within and jointly represented
  foreseeable development of the product concerned            by the Benelux Economic Union, any operation relating
  during 1983                                                 to the administration of the quota shares allocated to
                          the initial shares may be fixed     that Economic Union may be carried out by any of its
  approximately at the following percentages :                members ,
         Benelux                              15 . 69
         Denmark                                0.29
          Germany                             27.39
          Greece •                              0.05         HAS ADOPTED THIS REGULATION:
          France                              27.00
         Ireland                                0.05
         Italy                                  4.60
         United Kingdom                       24.93                                   Article 1
                                                               1.   During the period 1 January to 31 December
                                                               1983 the Common Customs Tariff duty for rosin,
 Whereas, in order to take into account import trends          including 'brais resineux', falling within subheading
 for the product concerned in the various Member               38.08 A shall be totally suspended within the limits of
States, the quota amount should be divided into two            a Community tariff quota of 12 000 tonnes.
 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 93 % of the quota volume;                           Z. Imports of the product in question benefiting from
                                                             the same or lower customs duties under preferential
                                                             arrangements shall not be charged against this tariff
                                                             quota.
Whereas the Member States' initial shares may be used
up at different times ; whereas, in order to take this fact   3 • Within the limits of this tariff quota, Greece
into account and avoid any bfeak in continuity, any           shall apply duties calculated in accordance with the
Member State which has almost used up its initial quota       relevant provisions laid down in the 1979 Act of
share    should draw an additional share from the             Accession .
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                                   Article 2
allows ; whereas the initial and additional shares must
be valid until the end of the quota period; whereas this    1 . The tariff quota referred to in Article 1 ( 1) shall be
method of administration requires close cooperation         divided into two instalments .
between the Member States and the 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       2. The first instalment, amounting to 11000 tonnes,
the Member. States thereof;                                 shall be shared among the Member States ; the shares
                                                            which, subject to Article 5, shall be valid until
                                                            31 December 198 3 shall be as follows:
Whereas if, at a given date in the quota period, a                                                     (tonnes)
substantial quantity remains unused, it is essential that           Benelux                              1726
that Member State should return a significant                       Denmark                                 32
proportion to the reserve to prevent a part of any tariff           Germany                             3013
quota from remaining unused in one Member State                     Greece                                    5
when it could be used in others ;                                   France                              2970
                                                                    Ireland                                   5
                                                                    Italy                                 506
                                                                    United Kingdom                      2743
Whereas, since the Kingdom of Belgium, the Kingdom          3 . The second instalment, amounting to 1 000 tonnes,
of the Netherlands and the Grand Duchy of                   shall constitute the reserve.
 ---pagebreak---                                                       -4-
                          Article 3                                                 Article 6
1 . If 90 % or more of any Member State's initial share     The Commission shall keep an account of the shares
as specified in Article 2 (2), or 90 % of that share minus  opened by the Member States pursuant to Articles 2
the portion returned to the reserve where Article 5 has     and 3 and, as soon as it is notified, inform each
been applied, has been used up, then, to the extent         Member State of the extent to which the reserves have
permitted by the amount of the reserve, that Member         been used up.
State shall forthwith, by notifying the Commission,
draw a second share equal to 1 0 % of its initial share,    It shr'.I inform the Member States, not later than
rounded up where necessary to the next unit.                5 October 1983 , of the amount in the reserve after
                                                            quantities have been returned thereto pursuant to
                                                            Article 5 .
2. If, after its initial share has been used up, 90 % or
more of the second share dr;.wn by a Member State
has been used up, then, to tne extent permitted by          It sh„!l ensure that the drawing which exhausts any
the amount of the reserve, that Member State shall ,        reserve does not exceed the balance available and, to
in   accordance     with  the   conditions laid  down    in this end, notify the amount of that balance to the
paragraph 1 , draw a third share equal to 5 % of its        Member State making the last drawing.
initial share.
                                                                                    Article 7
3 . If, after its second share has been used up, 90 % or
more of the third share drawn up by a Member State          1 . The Member States shall take all measures necessary
has been used up, that Member State shail,                  to ensure that additional shares drawn pursuant to
in    accordance with the       conditions laid  down    in Article 3 are opened in such a way that imports may be
paragraph 1 , draw a fourth share equal to the third.       charged without interruption against their accumulated
                                                            shares of the tariff quota.
This process shall continue until the reserve is used up.   2. The Member States shall ensure that importers of
                                                            the products in question
                                                            have free access to the shares allocated to them.
4. By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares ^mailtr than those fixed       3 . The Member States shall charge the imports of the
in those paragraphs if there is reason to believe that      products concerned against their shares as and when the
they might not be used up. It shall inform the Com­         products are entered with customs authorities for free
mission of its reasons for applying this paragraph.         circulation.
                                                            4 . The extent to which a Member State has used up its
                                                            shares shall be determined on the basis of the imports
                          Article 4                         charged under the conditions set in paragraph 3.
The additional shares dfawn pursuant to Article 3 shall
be valid until 31 December 198 3 •                                                  Article 8
                                                            At the Commission's request, the Member States shall
                                                            inform it of imports actually charged against their
                          Article 5                         shares.
The Member States shall return to the reserve, not later
 than 1 October 1983 such unused portion of their
                                                                                    Article 9
 initial shares as, on 15 September 198 3 is in excess of
20 % of the initial volume. They may return a larger
 quantity if there are grounds for believing that this      The Member States         and the Commission, shall
 quantity may not be used.                                  cooperate closely to ensure that this Regulation is
                                                            complied with .
 The Member States shall notify the Commission, not
 later than 1 October.198 3 of the total quantities of the                         Article 10
 products in question imported up to 15 September
 198 3 and charged against the tariff quotas and of any     This Regulation shall enter into force on 1 January
 quantity of the initial shares returned to the reserve.     1983 .
 ---pagebreak---                                               -5-
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
                                                                           For the Council
                                                                            The President