CELEX: 51979PC0692
Language: en
Date: 1979-12-06
Title: Proposal for a COUNCIL REGULATION (EEC) on the opening, allocation and administration of a Community tariff quota for certain plywoods of coniferous species, falling within heading No ex 44.15 of the Common Customs Tariff (first half of 1980) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 692
Vol. 1979/0237
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                              COM(79)692 final.
                                                              Brussels - 6 December 1979
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                              Proposal for a
                         COUNCIL REGULATION ( EEC )
on the opening , allocation and administration of a, Community tariff quota
for certain plywoods of coniferous species , falling within heading No ex
         44.15 of the Common Customs Tariff ( first half of 1980 )
              ( submitted to the Council by the Commission )
C0M(79 ) 692 final .
 ---pagebreak---                        EXPLANATORY MEMORANDUM
  At the last GATT negotiations the Community undertook to open ,
   for certain coniferous plywood , as listed below , of heading .
- ex 44.15 of the Common Customs Tariff , a Community tariff quota
   a.t zero <Juty of a total volume of 600,000 cubic metres .
   Plywood of coniferous species , without the addition of other
   substances                                       -
   - of thickness greater than 8.5 mm , the faces of which are not
      further prepared than the peeling process , or
                                            S
   - sanded , and of a thickness greater than 18.5 mm .
   In addition Protocol: No 11 to the Act concerning the Conditions
   of Accession and the Adjustments to the Treaties and the
   bilateral exchange of letters undertaken at the start of the
   GATT negotiations foresee the Community opening autonomous Com-^ -
   munity tariff quotas at zero duty for these products at volumes
   to be decided for each year when it is established that all
   possibilities of supply on the intended market of the Community
   will be exhausted during the period for which the quotas are
   open .                  '  v
   This proposed Regulation concerns the Community tariff quotas
   in question to be opened on J January 1980 and allocated among
   Member States ,       -                ' •                 "
   This matter 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 Community
   market , which are in fact somewhat limited although increasing
    considerably , and on the basis of estimated submitted by the
   Member States , the tariff quotas in question could yet be grouped
    under a single quota of £00,000 " cubic .metres for 1980 , which is -
    the extent of use forecast for the 1979 quota .
 ---pagebreak---                             - 2 -
However , in order to resolve the technical difficulties which
result from increased flow of imports towards the end of the
calendat year , it is proposed to move the starting date for
the quota to 1 July of each year , and thus to open on J January
1980 a tariff quota for the first half of 1980 and on 1 July
1980 a tariff quota , covering a full year , up to 30 June 1981 .
The volume of the tariff quota- for the first half of 1980 has
prosisionally been set at half the volume envisaged for the
whole year , that is 400,000 cubic metres . It is to be under*-
stood that this volume fixed on the basic of provisional
estimates , remains of course subject to a reexamination of
the situation during the quota period .
                                         *
The method of administration proposed is the same as that
usually adopted for autonomous Community tariff quotas and
consists basically of the following :            -
- the setting up of a reserve of 25,000 cubic metres ;
- the allocation of the first tranche in proportion to the
   needs expressed by Member States ;
- the charing of imports against Member States' shares as and
   when the products are entered - with the customs authorities
   for free circulation .
This method of administration which was moreover used since
1975 , has been discussed in the course of the meetings of the
"Economic tariff problems " group of 24 April and 44 September
 1979 , with Member States' experts , who considered that it could
be maintained for 1980 ,
 ---pagebreak---                                                Proposal for a
                                COUNCIL REGULATION ( EEC)
               on the opening , allocation and administration of a Community tariff quota for
               certain plywoods of coniferous species falling within heading No ex 44.15 of the
                                        Common Customs Tariff ( 1st half of 1980 )
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European
 h.cir.omic Community, and in particular Articles 28
ami     i 3 thereof,
Having regard to the proposal from the Commission,
Whereas the Community has undertaken to open an annual Community tariff
quota not exceeding 600,000 m3 for certain coniferous plywood of heading ex
44.15 of the Common Customs Tariff and whereas , under Protocol 11 to the
Act of Accession ( 1 ), the Community is required to open each year nil duty
autonomous Community tariff quotas for                     that       product^ 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 , in                        view of the
aforesaid possibilities of supply and on the basis of forecasts of
requirements made by the Member States , the volume of the tariff quota to
be opened for 1980 may be fixed at £00,000 m3 ; whereas the abovementioned
requirements do not include imports to which other preferential tariff
arrangements may apply ; whereas , in view of the relatively small
quantities produced in the Community , it is hot necessary to apportion this
amount between the categories of plywood specified in the consolidation or
the abovementioned Protpcol 11 ; whereas to resolve certain internal
technical problems it is preferable to move the date of the start of quota
period to 1 July of each year , thus beginning by opening a tariff
quota for the first half of 1980 on J                      January 1980 and then going on to op-en
on 1         July 1980 a new tariff quota for a period of one year up to 30
June 1 98 1 ; whereas on this basis the volume of the quota for the first half
of 1980 should be provisionally fixed at half the annual volume , that is
400,000 m3 j whereas the fixing of the volume at 400,000 m3 on the basis of
provisional estimates does not exclude an adjustment during the quota
period :
( 1 ) OJ No L 73 , 27.3.1972 , p. 170 .
 ---pagebreak---                            - 2 -
  whereas, to take more precise account of future
 trends in imports of the products concerned, the
 quota should be divided into two tranches, the first
 being allocated among all the Member States and the
 second held as a reserve to cover the subsequent
 requirements of Member States which have exhausted
 their initial shares ; whereas, in order to offer impor­
 ters some degree of security, the first tranche of the
quota should be" fixed at a relatively high level, or
about 94 % of its full amount ; whereas, on the basis
of Member States' estimates of their needs, the initial
shares may be -fixed 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 disruption of supplies, any
Member State which has almost used up its initial
share should draw an         additional share from    the
reserve ; whereas, each time its additional share is
almost used up, a Member State should draw an addi­
tional share, and so on as many times as the reserve
allows ; whereas the initial and additional shares
should be valid until the end of the quota period ;
whereas this form of administration requires close
collaboration , between      Member     States  and   the
Commission, which the latter must, in particular, be
able to keep a record of the extent to which the quota
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
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 the shares allocated
to that economic union may be carried out by any
one of its members,
HAS ADOPTED THIS REGULATION :
                         Article 1
 1.    For the period 1 January to 30 June 1980 ,
a Community tariff quota of 400 000 " m3 shall be
opened for the following products falling within
heading No ex 44.15 of the Common Customs Tariff :
(a) plywood of coniferous species, without the addi­
     tion of other substances, of a thickness greater
     than8.5mm, the faces of which are not further
     prepared than the peeling process ;
(b) plywood of coniferous species, without the addi­
     tion of other substances, sanded, and of a thick­
     ness greater than 1 8*5 mm.
 ---pagebreak---   2.      Imports of the products in question may not be          specified- therein if there are grounds for believing
  charged against this tariff quota if they are already free      that those specified may not be used in full. They
" of customs duties under other preferential tariff               shall inform the Commission of their reasons for
  arrangements.                                                   applying this paragraph.
  3.      The Common Customs Tariff duty shall be
                                                                                            Article 4
  totally suspended within the limits of the above quota.
                                                                  Additional shares drawn pursuant to Article 3 shall be
                               Article 2                          valid until     30 June      1930 .
   1.       The tariff quota referred to in Article 1 (1 ) shall                            Article 5
   be divided into nvo tranches.
                                                                   Member States shall return to the reserve, not later
   2.       A first tranche of375 000 mJ shall be allocated        than 1 Jlay 1^30 ^ unused portions of their
   among the Member States. Member States' shares,                 initial shares which, on 15 April IS® 3, are in
   which subject to Article 5 shall be valid until 30              excess of 20 % of the initial amounts. They may
   June 19£0 ,            shall be as follows :                    return a greater portion if there are grounds for
                                                 cubic metres
                                                                   believing that such portion may not be used in full.
             Bénélux
                                                 115 463           Member States shall notify the Commission, not later
             Denmark                               49 752          than i >!av          1% ?, of the total quantities of the
             Germany                               47 775           products in question imported up to and including 15
             France                                 7 950                              an<* charged against the Community
             Ireiand                                6 750           quota and of any portion of their initial shares
             Italy                                                  returned to the reserve.
                                                    7 950 -
             United Kingdom                      139   350
                                                       350
                                                                                              Article 6
   3.       The second tranche o£5 000 m3 shall constitute
   the reserve .
                                                                    The Commission shall keep an account of the shares
                                                                    opened by the Member States pursuant to Articles 2
                                Article 3
                                                                    and 3 and, as soon as it has been notified, shall inform
                                                                    each State of the extent to which the reserve has been
     1 . It 90 % or more of a Member State's initial share       - used up.
     as fixed in Article . 2 (2), or of that share minus any         It shall inform the Member States, not later than 5
     portion returned to the reserve where Article 5 has            Hay         1 93Q, of the amount still in reserve after
     been applied, has been used up, that Member State               amounts have been returned thereto pursuant to
     shall forthwith, by notifying the Commission, draw a            Article 5.
     second share, to the extent that the reserve so permits,
     equal to 10 % of its initial share, rounded up as neces­        It shall ensure that the drawing which exhausts the
     sary to the next whole number.                                  reserve does not exceed the balance available and, to
                                                                     this end, shall notify the amount of that balance to
     2.      If, after its initial share has been exhausted,         the Member State making the last drawing.
      90 % or more of the second share drawn by a
      Member State has been used up, that Member State
      shall, in the manner and to the extent provided in                                      Article 7
      paragraph I , draw a third share equal to 5% of its             1.    Member     States   shall   take all   appropriate
      initial share, rounded up as necessary to the next
      whole number.                                                   measures to ensure that additional shares drawn
                                                                      pursuant to Article 3 are opened in such a way that
      3.      If, after its second share has been exhausted,          imports may be charged without interruption against
      90 % or more of the third share drawn by a Member               their aggregate shares of the Community quota.
      State has been used up, that Member State shall, in             2.    Member States shall ensure that importers of the
      the manner and to the extent provided in paragraph 1 ,
      draw a iourth share equal to the third.                         products in question established in their territory have
                                                                      free access to the shares allocated to them.
      This procedure shall apply until the reserve is used            3.    Member States shall charge imports of the
       up .
                                                                      products in question against their shares as and when
       4. By way of derogation from paragraphs 1 , 2 and              the products are entered with the customs authorities
                                                                      for free circulation .
       3, Member States may draw lesser shares than those
 ---pagebreak--- 4. The extent to which a Member State has used up                     '           Article 9
its share shall be determined on the basis of imports
charged against that share in accordance with para­         Member States and the Commission shall eooperaf-
graph 3.                                                    closely to ensure that this Regulation is complied
                                                            with.    '
                          Article 8
                                                                                  Article 10
At the Commission s request, Member States shall
inform it of the imports actually charged against their     This Regulation shall enter into force on 1 January
shares.
                                                            1980 .
                     ·■**                                                                          -
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
              Done at
                                                                        For the Council
                                                                         The President