CELEX: 51982PC0691
Language: en
Date: 1982-11-03
Title: Draft for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for yarn of poly (p-phenyleneterephthalamide) for use in the manufacture of tyres or of products used in the manufacture of tyres, falling within subheading ex 51.01 A of the Common Customs Tariff (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 691
Vol. 1982/0215
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  \ COM(82)691 final
                                                    Brussels , 3 November 1982
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                                     Draft for a
                                 COUNCIL REGULATION ( EEC )
              opening , allocating and providing for the administration of a Community
              tariff quota for yarn of poly ( p-phenyleneterephthalamide ) for use in
              the manufacture of tyres or of products used in the manufacture of tyres ,
              falling within subheading ex 51.01 A of the Common Customs Tariff
                      ( submitted to the Council by the Commission )
  COM ( 82 ) 691  final
I
 ---pagebreak---                                                                    ^^      f-
                                                                  CIM          *
                            &XÇ LANAIORY_MEMOR AI-; DUM
1 . Regulation ( EEC ) No * 378 / 82 of 25 May        1982 ( 1 ) opened , for the second
          . half of 1982 , an autonomous Community tariff quota of 600
     tonnes st a duty-rote of 27. for yarn of polyCp-pheny leneterephta-
     lamide ) to be used in the manufacture of tyres .
2 . The possibility of opening a new quota for the first            half of 1983
     was consioered at a meeting of the " Economic Tariff Problems " group
     on 10 September1982 .
     It appeared that a solution envisaging a quota on the same conditions ,
     with an identical amount shared among Member States prorata to their
     requirements could be accepted by all Menber States .
     This is the object £>f the present draft regulation .
( 1 ) 0J No L 155 , 5.6 . 1982 , p. 1 .
 ---pagebreak---                                                         Draft for a
                                    COUNCIL REGULATION (EEC)
                opening, allocating and providing for the administration of a Community tariff
                quota for yarn of poly (p-phenyleneterephthalamide) for use in the manufacture
                of tyres or of products used in the manufacture of tyres, falling within
                             subheading ex 51.01 A of the Common Customs Tariff
 THE COUNCIL OF THE EUROPEAN                                  seem to be consistent with the Community nature of
 COMMUNITIES,                                                 the quota ; whereas, to correspond as closely as
                                                              possible to the actual trend in the market in the
                                                              product in question, allocation of the quota should be
 Having regard to the Treaty establishing the European        in proportion to the requirements of the Member
 Economic Community, and in particular Article 28             States as calculated by reference to statistics of imports
 thereof,                                                     from third countries during a representative reference
                                                              period and to the economic outlook for the quota
                                                              period in question ;
 Having regard to the draft Regulation submitted by
 the Commission,
                                                              Whereas, however, since the quota is an autonomous
                                                              Community tariff quota intended to cover import
 Whereas the production of yarn of poly                       needs arising in the Community, for experimental
 (/>-phenyleneterephthalamide) is currently insufficient      purposes, the quota volume may be allocated on the
 in the Community to meet the requirements of the             basis of the temporary import needs from third coun­
 user industries in the Community ; whereas, conse­           tries expressed by each of the Member States ; whereas
 quently, Community supplies of products of this type          these arrangements for allocation will equally ensure
 currently depend to a considerable extent on imports          the uniform application of the Common Customs
  from third countries ; whereas it is in the Commu­          Tariff ;
  nity's interest to partially suspend the Common
  Customs Tariff duty for the yarn in question, within
  the Community tariff quota, of an appropriate volume         Whereas, to take account of possible import trends for
  for a relatively limited period ; whereas, in order not to   the product concerned, the quota volume should be
  bring into question the development prospects of this        divided into two tranches, the first being allocated
  production in the Community while ensuring an                between certain Member States and the second held as
  adequate supply to satisfy user industries, it is advis­     a reserve to meet subsequent requirements of Member
  able to limit the benefits of tariff quotas solely to        States which have used up their initial shares and any
  products for use in the manufacture of tyres, to open        additional requirements which might arise in the other
  the quota for the period 1 J anuary to 30 J une              Member States ; whereas, to give importers of the
r and to fix the volume of this quota at a level of 600        Member States some degree of certainty, the first
  tonnes, corresponding to the needs for imports from           tranche of the tariff quota should be fixed at a rela­
  third countries during that period, and to fix the quota      tively high level, which in this case could be 594
  duty at 2 % ;                                                 tonnes ;
  Whereas equal and continuous access to the quota              Whereas initial shares may be used up at different
   should be ensured for all Community importers and            rates ; whereas, to avoid disruption of supplies on this
   the rate of duty for the tariff quota should be applied      account, it should be provided that any Member State
   consistently to all imports until the quota is               which has almost used up its initial share should draw
   exhausted ; whereas, in the light of these principles,       an additional share from the reserve ; whereas each
   arrangements for the utilization of the tariff quota         time its additional share is almost used up a Member
   based on an allocation among Member States would             State should draw a further share, and so on as many
 ---pagebreak---  times as the reserve allows ; whereas the initial and      2.    The second tranche of 6 tonnes shall constitute
 additional shares should be valid until the end of the     the reserve.
 quota period ; whereas this form of administration
 requires close collaboration between the Member
 States and the Commission, which latter must be in a
 position to keep account of the extent to which the                                Article 3
 quotas have been used up and to inform the Member
 States accordingly ;                                       1     If a Member State has used 90 % or more of its
                                                           initial share as fixed in Article 2 (1 ), or of that share
    hereas. it at a given date in the quota period a con­  minus any portion returned to the reserve pursuant to
 siderable quantity of a Member State 's initial share     Article 5, it shall forthwith, by notifying the Commis­
 remains unused, it is essential that the Member State     sion draw a second share, to the extent that the reserve
 shouid return a significant proportion to the reserve, in so permits, equal to 5 % of its initial share rounded up
 orcer to prevent a part of the Community quota            as necessary to the next whole number.
remaining unused in one Member State while it could
be used in others ;
                                                           2.     If a Member State, after exhausting its initial
                                                           share, has used 90 % or more of the second share
Whereas, since the Kingdom of Belgium, the                 drawn by it, that Member State shall forthwith, in the
Kingdom of ae Netherlands, and the Grand Duchy of          manner and to the extent provided in paragraph 1 ,
Luxembourg are united within and jointly represented       draw a third share equal to 2-5 % of its initial share
by me Eeneiux Economic Union, any measure con­             rounded up as necessary to the next whole number.
cerning the administration of the shares allocated to
that economic union may be carried out by any one of       3.     If a Member State, after exhausting its second
its members.
                                                           share, has used 90 % or more of the third share drawn
                                                           by it, that Member State shall, in the manner and to
                                                           the extent provided in paragraph 1 , draw a fourth
                                                           share equal to the third.          0
HAS ADOPTED THIS REGULATION :
                                                           This process shall apply until the reserve is used up.
                          Article 1
                                                           4. By way of derogation from paragraphs I to 3, a
                 January                                   Member State may draw shares lower than those speci­
1.     From 1            until 30 June           19S3 the
Common Customs Tariff duty for yarns of poly
                                                           fied in those paragraphs if there are grounds for
                                                           believing that those specified may not be used in full.
(/>-phenyleneterephthalamide), falling within subhead­     Any Member State applying this paragraph shall
ing 51.01 A, for use in the manufacture of tyres or of     inform the Commission of its grounds for so doing.
products used in the manufacture of tyres shall be
suspended at the level of 2 % within the framework of
a Community tariff quota of 600 tonnes.
                                                                                    Article 4
2.    Within the limits of this tariff quota, Greece shall
apply customs duties calculated in accordance with the     Additional shares drawn pursuant to Article 3 shall be
relevant provisions in the 1979 Act of Accession.          valid until 30 June          198 3 .
                          Article 2
                                                                                    Article 5
1 . A first tranche of 594 tonnes of this Community
tariff quota shall be allocated among certain Member       Member States shall, not later than 15 May
States ; the shares, which subject to Article 5 shall be   198 3 return to the reserve the unused portion of their
valid until 3Q June           1983 shall be as follows :   initial share which, on 1 May           198^ is in excess
                                                           of 20 % of the initial volume. They may return a
                                            (tonnes)       greater portion if there are grounds for believing that it
        Bénélux                               100          may not be used in full.
        Denmark                                  1
        Germany                                60          Member States shall, not later than 15           May
        Greece                                   1         198 3 notify the Commission of the total quantities of
        France                                340          the products in question imported up to 1        May
        Ireland                                  2         1 98 3 and charged against the Community quota and
        Italy                                  60          of any portion of their initial shares returned to the
        United Kingdom                         30          reserve.
 ---pagebreak---                                                              -3-
                        Article 6                                Control of the use for this special purpose shall be
                                                                 carried out pursuant to the relevant Community provi­
                                                                 sions .
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2               3.     Member States shall ensure that importers of the
and 3 and shall, as soon as the notifications reach it,          product in question,                               , have
inform each Member State of the extent to which the              free access to the shares allotted to th n .
reserve has been used up. It shall, not later than 20
  May        1983, inform the Member States of the               4. Member States shall charge imports of the
amounts still in reserve following any return of shares          product in question against their shares as the product
pursuant to Article 5.                                           is entered with the customs authorities for free circula­
                                                                 tion .
It shall ensure that the drawing which exhausts the              5.      The extent to which Member States have used up
reserve does not exceed the balance available, and to            their shares shall be determined on the basis of
this end shall notify the amount of that balance to the          imports charged against them under the conditions set
Member State making the last drawing.                            out in paragraph 4.
                                                                                         Article 8
                        Article 7                                 At the Commission s request, the Member States shall
                                                                  inform it of imports actually charged against their
                                                                  shares.
 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                                      Article 9
 be charged without interruption against their aggregate          The Member States and the Commission shall co­
 shares of the Community tariff quota.
                                                                  operate closely to ensure that this Regulation is
                                                                  complied with.
 2. Member States shall take all appropriate measures
 to ensure that the products listed in Article 1 (1 ), bene­                             Article 10
 fiting from the Community tariff quota, are indeed
 destined for use in the manufacture of tyres.                    This Regulation shall enter into force on 1 January 1983
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels,
                                                                               For the Council
                                                                                The President