CELEX: 51987PC0590
Language: en
Date: 1987-11-26
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for certain plywoods of coniferous species (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 590
Vol. 1987/0287
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(87 ) 590 final
                                                 Brussels , 26 November 1987
                                Proposal for a
                           COUNCIL REGULATION ( EEC )
  opening , allocating and providing for the administration of a Community
       tariff quota for certain plywoods of coniferous species ( 1988 )
C0M(87 ) 590 final
 ---pagebreak---                                      EXPLANATORY MEMORANDUM
1.    In the Last GATT negotiations the Community undertook to open , for
      certain coniferous plywoods , as listed below , falling within heading
      No ex 44.15 of the Common Customs Tariff , a Community tariff quota at
      zero duty of a total volume fo 600 000 cubic metres :
      - plywood of a thickness greater than 8.5 mm , the faces of which are
        not futher prepared than the peeling process , or
      - plywood of a thickness greater than 18.5 mm , sanded .
      Futhermore , by an agreement concluded with the United States and
      approved by Council Decision of 30 January 1987 ( 1 ), the Community
      has undertaken to raise the total volume of this tariff quota to
      650 000 cubic metres .
      In addition , Protocol 11 to the Act concerning the Conditions of
      Accession and the Adjustments to the Treaties and the bilateral
      exchange of letters entered into on the conclusion of the GATT
      negotiations provide for autonomous Community tariff quotas at zero
      duty for the products concerned at volumes to be decided for each year
      when it is established that all possibilities of supply on the
      internal market of the Community will be exhausted during the period
      for which the quotas are open .
2.    This proposal for a Regulation concerns the Community tariff quotas in
      question to be opened on 1 January 1988 and allocated among Member
      States , taking into account the scheduled entry into force on this
      date of the Combined Nomenclature , which will replace the Common
      Customs Tariff .
      The application of Protocol 11 was dealt with at advisory meetings of
      experts from the Member States held since 1975 , at which it became
      clear that , taking into account the possibilities of supply on the
      Commuinty market , which are in fact somewhat limited although
      increasing appreciably, and on the basis of estimates submitted by
      the Member States , the tariff quotas in question could still be
      grouped under a single quota .
( 1 ) 0J L 98 , 10.4.1987, p. 1
 ---pagebreak---    The quota volume to be opened for 1988 was discussed by the " Economic
   Tariff Questions " Group on 7 and 8 May 1987 . It became clear from the
   discussion that :
   a ) as stated by the producing Member States , there is a risk that supply
       opportunities on the Community internal market may not be used up in
       1988 , which may make it difficult to open the autonomous quota
       provided for by Protocol 11 of the Act of Accession .
   b ) Generally , the Commission considers that , taking account of the
       uncertain level of consumption and the need to ensure outlets for
       Community production as well as the provision of supplies on
       favourable terms to user industries , great care should be taken in
       fixing the quota volume , so as not to endanger market balance .
3. It has therefore been decided to limit the initial quota for 1988 to
   the contractual volume of 660 000 m3 , and to review the situation , if
   necessary , during the year .
4. The method of administration proposed is the same as that usually
   adopted for Community tariff quotas and consists essentially of the
   following :
   - the setting-up of a reserve corresponding to 20 % of the quota volume
   - in the absence of economic data relating to each Member State , an
      allocation identical to the one that was approved for 1987 ;
   - the charging of imports against Member States' quota shares as and
      when the products are entered with the customs authorities for free
      ci rculation .
 ---pagebreak---                                                      Proposai for
                                           COUNCIL REGULATION (EEC)
                    opening, allocating and providing for the administration of a Community tariff quota for
                    certain plywoods of coniferous species   (1 988 )
    THE COUNCIL OF THE EUROPEAN COMMUNITIES,
    Having regard to the Treaty establishing the European
    Economic Community , and in particular Article 113
    thereof,
   Having regard to the proposal from the Commission ,
   Whereas the Community has undertaken to open an annual
   Community tariff quota of at least 600 000 m3 for certain
   plywoods of coniferous species falling within heading
   No ex 44.15 of the Common Customs Tariff; whereas
  tfrfcs quota has been raised to 650 000 m3 by virtue of an agreement
  concluded with the United States and approved by Council Decision
  of 30 January 1987 ( 1 ); whereas
under Protocol 11 to the 1972 Act of Accession           the
Community is required to open each year autonomous nil
duty Community tariff quotas for the same products, the
volume thereof to be decided annually when it is
established that all possibilities of supply on the internal
market of the Community have been exhausted during the
period for which the quotas are open ; whereas the
condition laid down by the said Protocol does not seem to
be met at the moment ; whereas , in these circumstances , it
is appropriate as an initial measure not to exceed the
contractual volume of 650 000 m3 ; whereas the setting of
the quota volume at this level does not exclude , moreover ,
recourse to the provisions of the abovementioned Protocol
11 during the quota period ; whereas, therefore, the tariff
quota in question should be opened on 1 January 198 8 and
allocated among Member States ;
  whereas the Community has adopted , with effect from 1 January 1988 , a
  Combined Nomenclature for goods which meets the requirements of the
  Common Customs Tariff and the Nomenclature of Goods for the External
  Trade Statistics of the Community and Statistics of Trade between Member
  States ; whereas in order to accommodate specific Community measures ,
  this Nomenclature has been expanded into an integrated tariff of the
  European Communities ( TARIC ) ; whereas , with effect from the date given
  above , the Combined Nomenclature and , where appropriate , the TARIC
  code numbers , should be used for the description of products covered
  by this Regulation .
  ( 1 ) 0J L 98 , 10.4.1987 , p. 1
 ---pagebreak---              Whereas, to allow for import trends for
                        the products concerned , the quota should be
            divided into two parts , the first being allocated among
             the Member States , and the second held as a reserve to cover
                any subsequent requirements of Member States which
             haveused up their initial shares; whereas , in order to afford importers some
            degree? of certainty , the first part of the quota should be set at
            a relatively hiqh level , about j§Q % of its full amount ;
            whereas , on the basis of Member States' estimates of their needs ,
            the initial shares coulJ be as set out in Article 2 ;
            Whereas Member States may use up their initial shares at different
            rates ; whereas , to provide for this eventuality and to avoid any
           break in the continuity of supplies , any Member State which has
           used up its initial share should draw additional shares in quantities
            corresponding to their real requirements , as many times as the reserve
           allows ; whereas this form of administration requires close cooperation
           between Member States and the Commission and the latter must be able
           to monitor the extent to which the quota volume has been used up and to
            inform the Member States accordingly ;
            Whereas if at a given date in the quota period a
            considerable quantity of a Member State’s initial share
            remains unused , it is essential that that Member State concerned
           should return a significant proportion to the reserve, so as
            to avoid a part of the quota 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    measure     concerning      the administration
               of quota            shares allocated to that economic
            union may be carried out by any one of its members,
            HAS ADOPTED THIS REGULATION :
                                                               Article 1
        1 . From 1 January to 31 December 1988 , the customs duty applicable to
               imports of the following products shall be suspended at the level
               indicated and within the limits of a Community tariff quota as
               shown herewith :
Order    Combined        Nomenclature                                                         Amount of   Rate of
No       code                                                       Description              tariff quota  duty
                                                                                                 (m J )    (%)
09.0013    ex 44.12.19-00                            Plywood of coniferous species , without 650 000       0
           ex 44.12.91-00                            the addition of other substances :
           ex 44.12.99-10                            – of a thickness greater than 8,5 mm ,
                                                         the faces of which are not further
                                                         prepared than the peeling process
           ex 44.12.99-90                            – sanded , and of a thickness greater
                                                         than 18,5 mm
 ---pagebreak---               Within the limits of this tariff quota Spain and Portugal
              shall apply duties calculated in accordance with the
              relevant provisions set out in the 1985 ACT of Accession .
             2. Imports of the products in question may not be charged
             against this tariff quota if they are already free of customs
             duties under other preferenti a L tariff arrangements .
                                       Article 2
             1 . The tariff quota referred to in Article 1 ( 1 ) shall be
            divided into two parts .
            2. A first pa rt of 520 000 m3 shall be allocated among
            certain Member States; these quota shares shall , subject to
          Article 5 , be valid until 31 December 1988              and shall be
          as follows :
                                                       (cubic metres)
                    Benelux                                134 575
                    Denmark                                  56 835
                                                            82 160
                   Germany
                   Greece                                          45
                                                              9 630
                   France
                                                              7 800
                   Ireland
                                                            20 955
                   Italy
                                                           203 000
                   United Kingdom
           3 . The second part , amounting to 130 000 m3 shall
                 constitute the reserve .
           4. If an importer notifies an imminent importation of the
       product in question into Spain or Portugal and applies to
       use              the quota , the Member State concerned shall
          inform      the   Commission       and   draw     an    amount
          corresponding to i t S requirements to the extent that the
          available balance of the reserve so permits .
                                      Article 3
    . r . 1 - If ■                    a Member State’s initial share as
specified in Article 2 (2), or of that share less any portion
          returned to the reserve where Article 5 has been applied has
          been used up ,       entirely ., the following provisions
          shall apply .
If an importer enters a product covered by this Regulation for free
circulation in a Member State , accompanied by a request for preferential
treatment for the said product , and this request is accepted by the
customs authorities , the Member State concerned shall by notifying the
Commission draw an amount corresponding to its requirements from the
reserve referred to in Article 2 ( 3 ).
Requests to draw on the reserve together with the date of acceptance of
the customs declarations must be forwarded to the Commission without delay .
Drawings are granted by the Commission on the basis of the date of acceptance
of goods for entry into free circulation by the customs authorities of the
Member State concerned , provided a sufficient amount remains in the reserve .
 ---pagebreak--- If a Member State does not use the quantity drawn , it shall return it to
the reserve as soon as possible .
If requests for drawings exceed the amount remaining in the reserve , an
allocation shall be made pro rata . The Member States shall be informed
by the Commission through the same procedure .
                                    Artide 4
         Additional shares drawn pursuant to Article 3 shall be valid
         until 31 December 198&
                                    Artide 5
         Member States shall return to the reserve , not later than
         1 October 1983 , the unused portions of their initial shares
         which , on 15 September 198 § are in excess of 20 % of the
         initial amount: . They may return a greater portion if there
         are grounds for believing that                  may not be used
         in full .
          Member States shall notify the Commission , not later than
          1 October 1988, of the total quantities of the products in
          question imported up to 15 September 1988 and charged
          against the Community quota and of any portion of their
          initial shares returned to the reserve .
                                    Artide 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 has been notified , shall inform each State
         of the extent to which the reserve has been used up.
         It shall inform the Member States , not later than 5 October
         1987 , of the amount still in reserve after amounts have
         been returned thereto pursuant to Article 5 .
         It shall ensure that the drawing which exhausts the reserve
         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 draw i ngs of shares pursuant to Article 3
 are carried Out in such a way that imports may be charged
         without interruption against their accumulated shares of the
         Community quota .
         2. Member States shall ensure that importers of the
         products in question have free access to the shares allocated
         to them .
 ---pagebreak---                                               -6-
                                                3 . Member States shall charge imports of the products in
                                                question against their shares as and when the products are
                                                entered with the customs authorities for free circulation .
                                                4. The extent to which a Member State has used up its
                                                share shall be determined on the basis of imports charged
                                                against that share in accordance with paragraph 3 .
                                                                         Article 8
                                                At the Commission’s request , Member States shall inform it
                                               of the imports actually charged against their quota
                                               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 198$
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels ,
                                                                    For the Council
                                                                     The President
 ---pagebreak---                                       °1
               FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement contractuel
de la Communauté . L' impact découlant de cette concession a été pris en
considération lors de la prise de décision d' adoption de ce contingent et
il n' aura pas un caractère sérieux sur la compétitivité et l' emploi dans la
Communauté .