CELEX: 51980PC0551
Language: en
Date: 1980-10-02
Title: Proposal for a COUNCIL REGULATION (EEC) establishing ceilings and Community surveillance in respect of imports of certain products originating in Portugal (1981) (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 551
Vol. 1980/0178
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(80)551 final
                                                 Brussels . 2 October 1980
               Ac             >
                                - Proposât for a
                                         -
              F           COUNCIL REGULATION ( EEC )
              ^         .   .
     establishing ceilings and Community surveillance in respect of
               v.
     imports of certain products -originating in Portugal          ( 1981 )
                ( submitted by the Commission to the Council )
                                                                 /
C0MC80 ) 551 final
 ---pagebreak---              EXPLANATORY MEMORANDUM
  The Supplementary Protocol between the European Economic
  Community and the Portuguese Republic , annexed to the
  Agreement between the Community and Portugal completed
  by the Protocol of adaptation to take account of the
  accession of Greece to the Community provides for the
  exemption from duty for certain types of paper and paperboard
  ( subheadings ex 48.01 C II and 48.01 F of the CCT ), originating
  in Portugal imported into the Community with the exception of the
  United Kingdom and Denmark . Nevertheless , these imports are
  limited to annual ceilings .
  When a ceiling is reached , the residual customs duties aoplicable
  to Portugal may be reimposed by the Community until the end
  of the calendar year .       •.          \          v .       v
 The implementation of the system of ceilings and the option of .
 reintroducing customs duties require the adoption of precise common
 rules to be applied uniformly by the Member States concerned .
 These requirements may be met by setting up a Community system of
                                             .   «  ·
 surveillance of actual imports from the partner concerned .
                                           «
 To that end the Member States must take appropriate measures
 to permit the rapid collection of satistical returns for the
 whole Community ,                                                    A
                •       .* _ "    "    . !     '            * f
 In this connection imports of the products in question should
                                    -i             ■ .    ■       ' ■■■■.■
 be recorded only as and when they are entered for free
'circulation accompanied by a movement certificate conforming
 to the rules of the Agreement referred to in 1 above .             v      ■
 ---pagebreak---   The returns will be drawn up by the Member States at the end
  of each month and forwarded before the fifteenth day of the
  following month to the Commission in order to enable the latter
  to send        . '.to the Member States a comprehensive product -   .
  by-product statement of the imports in question effected during .
  the preceding month . The surveillance system will require quick
  action and close cooperation between the relevant departments
  of the Member States and the Commission . Since the products in      '
  question belong to the sensitive products category and duty-free
  imports in excess of the ceilings may disturb the Community       _
  market , it is absolutely essential that the Member' States observe .
                                            „   r
  strictly the above-mentioned time limit of fifteen days .
  The following' procedure will be used for setting in train the
  machinery for reintroducingduties : as soon . as one of the
  comprehensive monthly statements compiled by the Commission show^fs
  that 75 % of the ceiling fixed for a given product has been
  reached , the Commission will inform the Member States and
  consultations may take place , in particular within the Economic Tar
  Problems Group , either, at the request of a Member States or on
  the Commission 's own initiative . The purpose of these consultations
  will be to examine in each individual case whether the customs
  duties applicable to Portugal should be reimposed when the ceiling
  is actually reached -,
  Imports of the product in question will continue to be the subject
  of monthly returns or , if the Commission so requests , of a telex
  message covering each period of ten days . This message must reach
  the Commission within five days .
   *
. The commission can thus take within the shortest possible time the
  measures required for the adoption of a regulation reintroducing
  customs duties in respect of the partner country until the end of
  the calendar year . In that event , the customs duties on the product
 ---pagebreak--- in-question would naturally be reimposed within the time
limit laid down by the regulation ending exemption from
duties .
The attached proposal provides for the delegation by the
Council to the Commission of the power to apply the rule on
ceilings and the reintroduction of duties .
The proposal for a regulation merely outlines how vhese
powers are to be exercised so that the machinery to be used
may be adjusted flexibly and rapidly in consultation with
the Member States . Again with a view to maximum efficiency and
rapidity / the proposal lays down that the Commission will be
responsible for reintroducing / in respect of the partner
country * the duties applicable .
 ANNEX : .
 Proposal for a Council Regulation
 ---pagebreak---                                                 Proposal for a
                                         COUNCIL REGULATION (EEC)
                 establishing ceilings and Community surveillance of imports of certain products originating in
                                                          Portugal ( 1981 )
  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 Supplementary Protocol annexed to the
  Agreement between the European Economic Community
  and the Portuguese Republic ( ')
  as supplemented by the Protocol of Adaptation
  to take account of the accession of the Hellenic
  Republic to the Community ( 2 ),
                                                   provides for the-
         exemption from duties for kraft liner and for other paper
         and paperboard falling within subheadings ex 48.01 C II
         and 48.01 F of the Common Customs Tariff, originating
         in Portugal, when imported into the Community
        with the exception of the United Kingdom
        and Denmark; whereas ,
          nevertheless, the benefit of duty exemption is limited to
          annual ceilings of 6&000 tonnes and 2 000 tonnes
          respectively, above which the residual customs duties for
      - each product may be reintroduced until the end of the
          calendar year; whereas, the application of ceilings
          requires that the Community be regularly informed on
          imports of the products in question originating in
          Portugal ; whereas it is, therefore, desirable that imports
          of these products be subjected to a system of
          surveillance;
         Whereas this objective may be achieved by means of an            ■
         administrative procedure based on charging imports of
         the products in question against the ceilings- at
         Community level as and when the products are entered
         for free circulation; whereas this administrative 1
         procedure must provide for the possible reintroduction
        'of residual customs tariff duties once the ceilings          '
         are       reutLct •
         Whereas this administrative procedure requires close and
         particularly prompt cooperation between the Member             '
         States and the Commission; whereas the latter must, in
         particular, be able to follow the progress of quantities
         charged against the ceilings and keep the Member States
         informed; whereas this cooperation has to be
       ( particularly close since the Commission must be able to
         take the appropriate measures to reintroduce customs
         tariff duties if one of the ceilings is reached;
         (') OJ No L 3 V o      34-41
       Qj g? ti'o L.
 ---pagebreak---                          - 2 -
HAS ADOPTED THIS REGULATION:
                         Article 1
 1 . From 1 January to 31 December 1981', imports
into the Community with the exception of the United Kingdom and Den­
mark of the products listed in the Annex hereto and
originating in Portugal shall be subject to annual ceilings •
and Community surveillance.                                       /
The description of the products referred to in the first '
subparagraph, their tariff headings and statistical '
numbers and the ceilings shall be set out in the Annex
Hereto.     ' .
2.     Quantities shall be charged against the ceilings as
and when products are entered for free circulation,
accompanied by a movement certificate which shall
 comply with the rules set out in Protocol 3 to the
Agreement.                                                      ■
Goods may be charged against the ceiling only if the                (
movement certificate is submitted before the date on          -
which customs duties are reintroduced .
The extent to which a ceiling is used up shall be j
determined at Community level on the basis of the
imports charged against it in the manner defined in the
preceding subparagraphs.              .       -    ,
    " v       . ■  -          ....
The Member States concerned shall, at the intervals and
within the time limits specified in paragraph 4, inform .
the Commission of imports effected in accordance with .
the above procedures.
3. - As soon as the ceilings have been-reached, the
Commission may adopt a Regulation reintroducing -
residual customs duties until the end of the calendar year. .
In the case of such a reintroduction,
Greece shall introduce the customs duties which it
applies to third countries at the date in question .
4. Member States concerned shall, not later than the
15th day of each month, forward to the Commission '
statements of the quantities charged during the preceding
month. If the Commission so requests, they shall provide
such statements for periods of 10 days and forward them
within five clear days of the end of each 10-day period.
 ---pagebreak---                                                       - 3 -
                       Article 2                                                         Article 3
The Commission shall , in close cooperation with the             This Regulation shall enter into force on 1 January 1981 .
Member States, take ail appropriate steps to apply this                                                         •
Regulation.
            . This Regulation shall be binding in its entirety and directly applicable in all Member States.
                                                                                                   '
              Done at Brussels,                           -      f                                           ,
                                                                                For the Council '        .
                                                                                  The President
 ---pagebreak---                                                                   .   L  -
                                                                       ANNEX
                                                List of products subject to import ceilings in 1981
                                                                                                                                        Level
      Striai           CCT                                                                                N1MEXE                         of
   _   No          heading No                             Description
                                                                                                             code                      ceiling
                                                                                                                                      (ronncs)
         1               2                                     3                                               4                          5
       Ρ 1            48.01            Paper and paperboard (including cellulose
                       1
                                       wadding), machine-made, in rolls or sheets :
                                       C. Kraft paper and kraft board:
                                           ex II. Other :
         -                                        –, Kraft liner (a)                             48.01-14, 15, 21, 27, 31             62.000
       Ρ 2                             F. Other                                                        48.01-41 to 97                   2 000
(a) 'Kraft liner' means machine-finished or machine-glazed paper or paperboard, in rolls, containing not less than 80% of chemical sulphate softwood
     pulp calculated on total fibre content, weighing more than 1 15 g/m2 and having a Mullen burst ratio of not less than 35.