CELEX: 51987PC0673
Language: en
Date: 1987-12-17
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for newsprint falling within subheading 4801 00 10 of the Combined Nomenclature (1988) and extending this quota to include certain other types of paper (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 673
Vol. 1987/0312
 ---pagebreak--- Disclaimer
Conformément 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) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, 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 règlement ou sont considérés déclassifiés
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Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
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 Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444    vom   13.   März   2015   über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(87) 673 final
                                             Brussels , 17 December 1987
                                   Proposal for a
                              COUNCIL REGULATION ( EEC )
          opening , allocating and providing for the administration of a
         Community tariff quota for newsprint falling within subheading
          4801 00 10 of the Combined Nomenclature ( 1988 ) and extending
                this quota to include certain other types of paper
                           ( submitted by the Commission )
                                                                         PJ
                                                             As.
                                                                 à
                                                                  'O ig if
 C0M(87 ) 673 final
                                                           SU Boiss.
 ---pagebreak---                          EXPLANATORY MEMORANDUM
Under its external relations policy , the Community reached an agreement
providing for the opening of a zero-duty Community tariff quota for
newsprint falling within subheading 48.01 A of the Common Customs Tariff .
The volume of this quota , amounting to 650 000 tonnes , is divided into two
parts ; the first , 600 000 tonnes , is assigned to products coming from
Canada and the second , 50 000 tonnes , to products coming from other non¬
member countries .
The aim of this proposal is to ensure the Community 's compliance with the
commitments which it has undertaken and to ensure favourable supply
conditions for user industries from 1 January 1988 onwards .
Naturally , the proposal would have to be amended if , prior to its final
adoption , further developments made this appropriate . Further , the overall
tariff quota volume would require review if , in the course of the year,
additional needs were to manifest themselves .
The purpose of the present proposal is to implement this tariff quota for
1988, taking account of the entry into force on 1 January 1988 of the
Combined Nomenclature .
The Commission 's proposal is based mainly on those usually put forward in
the field of tariff quotas in so far as :
- the quota volume is divided into two parts , the first consisting of a
  fairly large quantity allocated among the Member States and the second
  being a reserve to cover any supplementary needs ;
- the allocation of the initial shares to the Member States is based on
  past imports from non-preferential third countries over the last three
  years for which statistics are available and on the estimated needs of
   these Member States over the quota period;
 ---pagebreak---                                -3
provided that Member States are not constrained by their international
commitments , they may extend this tariff quota to other types of paper
covered by the definition of newsprint in the Additional Mote to Chapter
48 except as regards the watermark criterion .
 ---pagebreak---                                    Proposal for
                           COUNCIL REGULATION ( EEC )
opening, allocating and providing for the administration of a Community
tariff quota for newsprint falling within subheading 4801 00 10 of the
Combined Nomenclature ( 1988 ) and extending this quota to include certain other
types of paper
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Communities,
and in particular Article 113 thereof ,
Having regard to the proposal from the Commission ,
Whereas , for newsprint falling within subheading 48.01 A of the Common Customs
Tariff , the Community has decided to conclude an agreement which provides in
particular for the opening of a Community tariff quota of 650 000 tonnes , of
which 600 000 tonnes are reserved until 30 November each year , in accordance
with Article XIII of the General Agreement on Tariffs and Trade , exclusively
for products from Canada ; whereas this agreement provides equally that from 30
November each year the residue which has not been used by 29 November can be
applied to imports of newsprint of any origin ; whereas , therefore , an overall
zero-duty Community tariff quota of 650 000 tonnes should be opened for the
product in question for 1988 , subdivided as indicated above ;
Whereas provision should be made for extending the tariff quota in question to
include certain types of paper fulfilling all the conditions set out in the
Additional Note to Chapter 48 except those relating to watermarks ;
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 , from
 that date , the Combined Nomenclature and , where appropriate , the TARIC code
 numbers should be used for the description of the products covered by this
 Regulation ;
 Whereas equal and continuous access to the quotas should be ensured for all
 Community importers and the rates laid down for the quotas should be applied
 consistently to all imports of the product in question into the Member States
 until the quotas are exhausted ;     whereas , in the light of these principles ,
 allocation of the tariff quotas among the Member States would seem to preserve
 the Community nature of the quotas ; whereas in order to correspond as closely
 as possible to the real trend of the market for the products in question the
 allocation should reflect the requirements of the Member States based on
 ---pagebreak---                                          -5-
statistics of imports of the said products from third countries which do not
benefit from equivalent preference during a representative reference period
and on the economic outlook for the quota year in question;
Whereas during the last three years for which complete statistics are
available the corresponding imports into each of the Member States represented
the following percentages of total imports of the product in question from
third countries which do not benefit from an equivalent preferential tariff
measure :
- from Canada :
I               Member State        I      1984 I    1985       I        1986
                                    1           1               1
I  Benelux                          1    575?   1   3.Ô1        1   10 . 11
I  Denmark                          1    o      I   0.01        I    0.04
I  Germany                          1   18.66   I  15.18        I   22.62
I  Greece                           I    o      I   0.01        I    o
I  Spain                            I    1.17   I   1.05         I   0.88
I  France                           I    0.20   I   0.82         I   3.31
I  Ireland                           I   1.08    I  1.10         I   1.08
I  Italy                            I    2.10   I   2.34         I   1.68
I  Portugal                         I    o       I  0.09         I   0.22     I
I  United Kingdom                    I  71.20    I 75.59         I  60.06
                                    I           I                I
- from other countries :
I               Member State         I     1984  I    1985       I       1986
                                     1           1                1
I  Benelux                ;          1   5.83    1  1.75          1  2.01
I  Denmark                           1   0.04    I  o             1  o
I  Germany                           1  40.75    I 39.39          1 27.80
I  Greece                            1   5.55    I 10.11          1 15.12
I  Spain                             1  20.32    I 24.52          I  3.49
I  France                            1   4.43    I  2.20          I  1.21
I  Ireland                           1   0.01    I  0.01          I  0.01
I  Italy                             I   0.81    I  0.53          I 21.97
I  Portugal                           I  6.13    I  7.79          I  6.12
I  United Kingdom                    I  16.13    I 13.70          I 22.27
                                     I           I                I
Whereas in view of these factors and of market forecasts for newsprint in
general and for Community production in particular during 1988 , and of the
effective use of the quotas opened for 1986 and 1987 , the initial percentage
shares of the quota volume can be expressed approximately as follows :
                             Volume of 600 000      Volume of 50 000
                             tonnes                 tonnes
Benelux                           6.60                     1.57
Denmark                           0.02                     0.01
Germany                          19.03                   27.27
Greece              ♦             0.01                   15.07
Spain                             1.04                   13.20
France                            1.38                     2.98
Ireland                           1.08                     0.01
Italy                             2.02                   20.13
Portugal                          0.10                     3.27
United Kingdom                   68.72                   16.49
 ---pagebreak---  Whereas, to allow for the trend of imports of the product concerned , the quota
 volumes 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 have used up their initial share; whereas,
 to afford importers in each Member State some degree of certainty and yet
 enable Community production to be marketed on satisfactory terms , the first
 part of the Community quotas should be set at a certain level , which in this
  case could be 75% and 67% of the quota volumes ;
  Whereas the initial shares may be used up at different rates ; whereas , in
  order to avoid any break in the continuity of supplies on this account , it
  should be provided that any Member State which has almost used up its initial
  share should draw an additional share from the corresponding reserve ;       whereas
  each time one of its additional shares is almost used up a Member State should
  draw a further share and so on 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 form of administration requires close cooperation
  between the Member States and the Commission and the latter must be able to
  monitor the extent to which the quota volumes have been used up and inform the
  Member States accordingly ;
  Whereas if at a given date in the quota period    a quantity of a Member State 's
  initial share remains unused , it is essential    that the Member State concerned
  should return a significant proportion thereof    to the corresponding reserve in
  order to prevent part of the Community 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 concerning the administration of the
  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 product shall be suspended at the level indicated and
        within the limits of Community tariff quotas as shown below :
      Serial No    I   Combined   I   Description    I   Amount of      Rate of duty
                   I Nomenclature I                  I tariff quota        (%)
                   I      No      I                  I   ( tonnes )
                   I              I                  I
                   I                         1       i
      09.0015      I 4801 00 10   I Newsprint :      I
                   I              I - from Canada    I 600 000              0
      09.0017      !              I - from other     I
                    I             I   third countries 50 000                0
   2.    Within the limit of this tariff quota Spain and Portugal shall apply
         customs duties calculated in accordance with the relevant provisions of
         the Act of Accession .
       Entry under this subheading is subject to conditions         determined by the
    relevant Community legislation .
 ---pagebreak--- 3.  Imports of newsprint may not be charged against this tariff quota if they
    are  already   free of  customs   duties  under other preferential   tariff
    arrangements .
4.  Without prejudice to the international obligations of the Community ,
    Member States may charge against this tariff quota the other types of
    paper corresponding ,    except as regards the criterion relating to
    watermarks , to the definition of newsprint contained in the Additional
    Note to Chapter 48 and falling within subheading 4801 00 90 of the
    Combined Nomenclature .
                                      Article 2
From 30 November 1988 , the residue of the amounts referred to in Article 1
which have not actually been used by 29 November 1988 or which are not
expected to be used before 31 December 1988 can be applied to imports of the
product in question whether from Canada or from another third country .
                                    Article 3
1.  The first part of each of the amounts referred to in Article 1 , consisting
    of 450 000 tonnes for the amount referred to under Serial No 09.0015 and
    33 500 tonnes for the amount referred to under Serial No 09.0017 , shall be
    allocated among the Member States ; the quota shares , which , subject to
    Article 6, shall be valid from 1 January to 31 December 1988 , shall be as
    follows :
 ---pagebreak---                                             -v
                                                                      ( tonnes )
                             Amount referred to                 Amount referred to
                        under Serial No 09.0015            under Serial No 09.0017
        Benelux               29 700                                     526
        Denmark                   90                                       3
        Germany               85 635                                  9  135
        Greece                    45                                  5  049
        Spain                  4 680                                  4  422
        France                 5 210                                     999
        Ireland                4 860                                       3
        Italy                   9090                                  6  744
        Portugal                 450                                  1  095
        United Kingdom       309 240                                  5  524
    2.  The second parts , amounting to 150 000         tonnes and   16 500    tonnes
        respectively , shall constitute the reserve .
                                          Article 4
    1.  If a Member State has used 90% or more of one of its initial shares as
        specified in Article 3(1 ), or of that share less any portion returned to
        the reserve pursuant to Article 6 , it shall forthwith , by notifying the
        Commission and to the extent that the reserve so permits , draw a second
        share equal to 10% of its initial share , rounded up where necessary to the
        next whole number .
    2.  If , after one of its initial quota shares has been used up, a Member State
        has used 90% or more of its second share as well , it shall forthwith ,
        using the procedure provided for in paragraph 1 , draw a third share equal
        to 5% of the initial share .
    3.  If , after one of its second shares has been used up, a Member State has
        used 90% or more of its third share , it shall , using the procedure
        provided for 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 , Member States may draw
        smaller shares than those specified in the said paragraphs if there is
         reason to believe that they might not be used in full .       Member States
         shall inform the Commission of their reasons for applying this paragraph .
                                        Article 5
    The additional shares drawn pursuant to Article 4 shall be valid until 31
    December 1988 .
                                        Article 6
    By 1 October 1988 at the latest Member States must return to the reserve the
    unused portion of their initial share which , on 15 September 1988, is in
    excess of 20% of the initial volume .     They may return a greater portion if
    there is reason to believe that it might not be used .
    By 1 October 1988 at the latest Member States must notify the Commission of
    the total quantities of the products concerned imported on or before 15
    September 1988 and charged against the Community quotas and of any portion of
    their initial shares that they are returning to the corresponding reserves .
' -
 ---pagebreak---                                     Article 7
The Commission shall keep account of the shares drawn by Member States
pursuant to Articles 3 and 4 and shall inform each Member State of the extent
to which the reserves have been used up as soon as it has been notified .
It shall inform the Member States not later than 5 October 1988 of the state..
of the reserves following any return of quota shares pursuant to Article 6
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 final drawing .
                                    Article 8
1.  Member States shall take all appropriate measures to ensure that
    additional drawings of shares pursuant to Article 4 enable imports to be
    charged without interruption against their accumulated share of the
    Community tariff quota .
2.  Member States shall take all appropriate measures to make sure that the
    paper referred to in Article 1 fully meets the criteria for admission to
    this tariff quota .
    Where this is the case , the relevant Community procedures shall be applied
    in order to monitor use of the paper for the prescribed specific purpose .
3.  Member States shall ensure that importers of the products concerned have
    free access to the quota shares allocated to them .
4.  The extent to which a Member State has used up its shares shall be
 ---pagebreak---     determined on the basis of the imports of the products concerned entered
    with the customs authorities for free circulation .
                                   Article 9
    At the request of the Commission , Member States shall inform it of imports
    actually charged against their quota shares .
                                  Article 10
    The Member States and the Commission shall cooperate closely to ensure
    that this Regulation is complied with .
                                  Article 11
This Regulation shall enter into force on 1 January 1988 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,
                                            For the Council
                                            The President
 ---pagebreak---                 FICHE D ' iMPACT SUT IA COMPETITIVITE ET L ! EMPLOI
Cette proposition est formulée en conformité avec un engagement contractuel
da la Corrrnunauté .  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
Cbnmunauté .