CELEX: 51978PC0401
Language: en
Date: 1978-09-11
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for newsprint falling within subheading No 48.01 A of the Common Customs Tariff (1979) and extending this quota to include certain other types of paper (Submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 401
Vol. 1978/0155
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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), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
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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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---        COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(78)401 final.
                                                     Brussels - 11 September 1978
                                   Proposal for a
                           REGULATION ( EEC ) OF THE COUNCIL
            opening , allocating and providing for the administration
            of a Community tariff quota for newsprint falling within
            subheading No 48.01 A of the Common Customs Tariff ( 1979 )
            and extending this quota to include certain other types
                                      of paper
                 ( Submitted to the Council by the Commission )
C0M(78 ) 401 final .
 ---pagebreak---                           EXPLANATORY MEMORANDUM
   A the Last multi lateral. GATT negotiations , the Communi ty . undertook
   to pen annually a nil duty Community tariff quotha for 1,500,000
. metric tons of newsprint falling wi thin' subheading. No 4&.01 A -■
  of the -Common Customs Tari f f .
                                                                a
   Furthermore , the . Communi ty informed the Nordic delegation ( text
  Nord 4 of document NC6<67)^4 rev. ) that it had      decidpd to ooen'
  a nil duty tariff quota           yoar under Article 28 of the Treaty
  of Rome if it we^e established that all possibilities of supply
  on the internal market of the- Communi ty had been exhausted during
                           x                                  r
  a given trading year « nd. after having entirely used up the nil ;
  duty quota bound under GATT ; ,
  judging from market trends over the past few years it is clear
  already that the 1979 Community tariff quota must be greater than
  the 1,500,000 metric tons original ly -established . This is why 'the
  Commission considers that it can propose the opening of a tariff
  quota for 2.500.000 metric tons . . This-'amount is . based on first
  estimates , so that a review of the situation during the course
  of the year is natutally not excluded .
  The tariff quota is allocated in accordance with the method which
 has normally been applied : allocation is based on past import
  figures and on estimated for the quota year in question .
  Furthermore , in view of the size of the quota proposed from the
 start , the Commission considers that it would be contrary to the
 'Community nature of this quota to divide it up* into shares
 allocated definitively to all the Member States ." It therefore
 proposes a^system of administration based on the institution
 of a Community reserve limited to 5% . This system - of allocation
 and administration was , moreover , unanimously approved by
 all Member States at the time of the opening of the tariff
 quota for previous years .                    •
 ---pagebreak---                                    2
3. In the expectation of a definitive decision on the problem of
   the watermark criteria , contained in the additional note to
   Chapter . 48 , perhaps in the framework of the current GATT regu­
   lations , it is proposed to renew for 1979 the possibility for
   the Member States to coun£ against the quota concerned other
   types of paper which correspond , leaving aside the criteria of
   watermarks , to the definition of newsprint to be found in the
   additional note to Chapter 48 .
 ---pagebreak---                                                          Proposal top a
                          «   " '         .                        •!
                                         COUNCIL REGULATìON (EEC) No " ' à * 1 « ' 4*                  "              >
                                                      Oí   ■*••' «•••••                                      N   - •
                    . opening, allocating and providing for the administration of a ConSmuniry tnriff .
                             for ticwspriiit (ailing within &»il)hcadin ,: IV'M A of ;!■»«? Cununop. Custcms
                      Tariff {\ 97&) and extending this quota to include certain other types of paper .
     THB COUNCIL OF THE EUROPEAN                                          imports from third countries during a representati
     COMMUNITIES,                                                       - reference period and to the economic outlook for tl.e
                                                                          year covered by the quota in question ;
     Having icg<tul lo flu- Treaty establishing the European
     Economic Community, arill in particular Articles 28
     and I 1 3 thereof.                                                   Whereas, for the last three years for which complete
                                                            1             statistics are available, the imports of each of 'the
                                                                          Member States amounted to the following percentages
                                                                          of total imports of the products in question ;
     Having regard to the proposal from the Commission,
                                                                                                         1975        1976          1977
    Whereas the Community has undertaken to open an
    annual duty-free Community tariff quota of I 500 000                  Bénélux                        14,06       12,55         14.41
    metric tons of newsprint falling within subheading                    Denmark                         5.23        5.92          5.43
    48.01 A ;                                                            Gcrmany ■                       27,05     1 26.90         27.85
                                                                          France          1              11.86 .     11,50         11 Λ 2
                                                                         Ireland                          2-02        2,03       • 1.85
. Wbcreas, in view of present Community production                       Italy                            0-50        0,50          0.49
   capacity, that quantity is insufficient to meet antici­               United Kingdom                  39.23       40,60         38.15
    pated import requirements ; whereas provision should
    therefore be made for an autonomous supplementary
    quota which, according to the estimates submitted,
    may be fixed at present at 1 000 OCX) tonnes ;
   whereas the fact that this figure has been adopted for
   the autonomous supplementary quota does not rule
   out a readjustment during the quota period ; whereas a
                                                                                                '                  whereas, in view
   Community tariff quota should therefore be opened ,
                                                                        of the above and of the foreseeable trend on the
   for 1979 for a total quantity of 250 0000" tortries -
   of the product in question                                         ^ market in newsprint in general, and of production in
                                                                         particular during 1978 the quota may -be allocated
                                                                        approximately in the following percentages :
   whereas provision should be ipade for extending the
   tariff quota . in question to include certain types of                         Bénélux     •                         14,13
   paper fulfilling all the conditions set out in the Addi­                       Denmark                                7,43
   tional Note- to Chapter 48 except those relating to                            Germany                               26.74
   watermarks :        .                ;
                                                                                  France                                12.10
                                                                                  Ireland                                2.08
                                                                                  Italy                                  0,04
  Whereas equal and continuous access to the quota                                United Kingdom                 "      37.48
  should be ensured for all Community importers and
• the rate of duty for the tariff quota should be applied •
 .without interruption to all imports of the product in '
  question until the quota" is exhausted ; whereas in the              Whereas, to fake account of import trends for the
  l'£i:t of ihtse principles, arrangements for the utiliza­            product Concerned, the quot3 should be divided in' -;
  tion of the Community tariff quota based on an alloca­               two tranches, the first being" allocated                   the
  tion an?cn,g Member States would seem to be                          Member States, a'nd the second h -.- ld as a reset c 10
 consistent with the Community nature of the quota;'                   cover subsequently the reqiiir';r'V;nts of Uicntj?r Sfat?f-
 wii'- r-.'.r-, in order that i{ may correspond as closriy as -        which have exhausted their iniiinl shares ; wKr< -> s,
 possible to the actual trend of the market in the -                  give importers some degree of ;errilnt / an-.f                 ;
 produi t in question , allocation of the quota shouid be              enable Community production to be riir-pcs^c! of n .
 in proportion to the requirements of -the Member'                    satisfactory terms, the first tranche- of the qt        should
Siate<; as calculated by reference to statistics on                   be fixed . -it about 95 % of the full amount ;
 ---pagebreak--- Whereas Member States may exhaust their initial                                4.       The Common Customs Tariff duty shall be
shares at different rates ; whereas to provide for this                        totally suspended within the limits of the above quota.
eventuality and avoid disruption of supplies any
Member State which has almost used up its initial
> h.nc should Hr !■».• an nddition.i1 share from the
rcM'i-.r . w I'-.f. i .» it turn* ill miditional sh.ue is
;: imost exhausted a Member State should draw a
further 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 ihis form of . administration requires close                                                          Article 2
collaboration between the Member States and the
 Commif^inr. wVi (i latter must be in a position to                              I       Th<- Community tariff quota referred to in
 keep .mount of the extent to which the quota has                               Article I shall be divided into two tranches.
 been used up and to inform the Member States accord­
 ingly ;                                                 '                      2.       A first tranche of 2 356 000 tonnes ' shall be
Whereas if at a given date in the quota period a                             ' allocated among the Member States. Member Mates
considerable quantity of a Member State's initial share                         shares, which subject to Article 5 shall be valid from I
 remains unused it is essential, to prevent a part of the                   „ January until 31 December 1979, shall be as follows :
Community tariff quota from remaining unused in                                                                                    (in tonnes )
 one Member State fchile it could be used in others,
 thitt such State should return a significant proportion                               Bénélux                                         333 000
                                                                                       Denmark                                         175 000
 thereof to the reserve ;                 (
                                                                                       Germany                                         630 000
Whereas, since the Kingdom of Belgium, the                                             France                                    " 285      000
 Kingdorri of the Netherlands and the Grand Duchy of                                   Ireland                                       . 49   000
 Luxembourg are united within and jointly represented                                  Italy                                             1  000
 by the Benelux Economic Union, any transaction in                                     United Kingdom                                  883 .000
 respect of the administration of the shares allocated to
 that economic union may be carried out by any one                              3.       The second tranche, of 1^ 000 tonnes ,
 of its members,                     ■ '          . ;
                                                                                shall constitute the reserve. ■
 HAS ADOPTED THIS REGULATION :                                                                                Article J
                                  Article !                                       1 . If 90 % or more of a Member State s initial share
                                                                                 as fixed in Article 2 (2), or of that share minus the
  1.          During the period from 1 January to 31                             portion returned to the reserve where Article 5 H,.s
  December 1^79 a Community tariff quota of                                      been applied, it shall .forthwith, by notifying the
 2 500 000 tonnes shall be opened in respect of                                  Commission, draw a second share, to the extent that
  newsprint falling within subheading 48.01 A of the ,                          -the reserve so permits, equal to 15% of its initial
  Common Customs Tariff ( ' ).                                                   share, rounded up as* necessary to the n?xi whole
                                                       A                         number.
  2.          Member States may charge against this tariff
  quota ihe other , typ'es of paper complying with the                            2.         after its initial share h;;s been exhausted 90 %
  d'.finiiio!i of newsprint con'.aincd in the Additional                          or more* of the second share drawn by it Monte * S.Vi
   N'r>i? so Chapter 4fi , except as regards the„ criteria                        has been utrd up, fb.n Member State shali. m the
  governing watermarks.                                                           mariner and to the extent provided for in paraprapa I ,
              Impc-ris of newsprint shall not be cliirgeci                    ' dtaw a third share equal tc 7-5 %. o' its initial sh.i'0
         '■ r 3t this ijri'f quota if they are already free of                      '                y
  cu-toms :Juncb
  customs           :iuricb under other prefcrcnt
                                            preferent aa' tariif   tree'-?-
                                                           fanlJ tree             3. U; after its second share has been exr.au? tcc
   T.-nt .. F > rthf■ rnvjre. i'nports of any c b-.r prper        prper            90. % or more of the third sn-ire drawn by a Maul).:
   'i i.Mreci ;o in pa-sgrpph 2 enjoying doty ' ■ ? exemp­                        Stat" has been used up, that M -Tiber State '-hall, i "
   tion under thv sad                  luota shall no!: *•' chained                the manner and to the extent prov'.ied tor in para­
 pqainst the indicative ceiiings fiy.'.ii under «. • :: to       in free
                                                                     free
                                                                                  graph !, draw - fourth share equai                the third .
   fade aaictments.
                                                                                  This p^ocedu 1 ** $haH apply            unti !  the    rescn" 1 iì
   ()             .indo' this subheading is subject to condition*      Ih*         exhausied.
        ricttr»n*ncd by the competent authorities.
 ---pagebreak---                                                                    - 3 -
   4. Notwithstanding paragraphs 1 , 2 and 3, Member               exceed -the balance available, and to this er,d shs' !
   States may draw lesser shares than those specified in          ^notify the amount of th.?t balance to the Merr.bci Stsie
   those paragraphs if there are grounds for believing             making the last drawing.              v
   that those , specified may not " be used in full. They
   shdiV inform she Commission of their reasons' for                                         Article 7
   applying fhj< provision­                                        1.    Member       Stales    shall ' take     ail    appropriate
                                                                   measures     lo   ensure 'that    iiddition.il    shares •• dr.iwo
             '.       -      A rticU 4
                                                                   pursuant to Article 3 are openeJ in such a way that
/ Additional shares drawn pursuant tp Article 3 shall be           imports may be charged without interruption against
    vniid until 31 December 1979.                           (      their accumulated share of Oic Community quota .
                                                                   2.    Member States shall take all measures necessary
                             Article Î                             to ensure that the types of papCV referred to in Article
                                                                   1 (2\ included in" this tariff quota » tr ijn fact >.« i»cnHed '
    The 'Member States " shall rrturn to the reserve, not
    latL-r than 1 October ^9 t »|ie unused portion df their        for the - punting ill newspapers, weekly papers or other
    initial share which, on 15 September 1979 jj fa                periodicals of heading No 49.02, published at least 10
    excess of 20 % of the initial amount, They may return        ♦
                                                                   times per year.      '   - „                                 *
    a g eater portiori^'if there arc grounds for believing         3.    Member States shall ensure that importers of the
    that such portion may not be used in full. •                   products in question established in their territory have
                                                                   free access to the shares allocated to it. •
    Member States shall, not later than 1 October 1979,
    notify the Commission of the total quantities of the           4. The extent to which a Member State has used up
  • products in oucstion imported up to and including 15           its shares shall be determined on the basis of imports
    September '"'9 and charged against the Community               of the products in question entered with the customs
    tariff quota and of any portion of their initial shares     , authorities' for home use.          '                       .
  Teturned to the reserve .                              ' '
                                                                                             Arttdt 8
                            Article 6    '        *
                                                                   On receipt of a request from the Commission the
. The Commission shall keep an account -of the shares              Member States shall notify it of the importations
    opened by the Member« States pursuant to Articles 2            charged against its share.
    and 3 and shall, .is soon as it has been notified, inform
    each Member State of the extent to which the reserve                                     Article 9
    has been used up.                                              The Member States * and the Commission shall coop­
    It shall inform the Member States;;, hot later than 5 <        erate closely to ensure that this Regulation is '
    October 1979, cf the amount still in reserve after             complied with.
    amounts^ have , been returned thereto pursuant to                             –           /  A          –             ' T       *'
    Article 5.                                                                               Artide 10
- It shall ensure that when « quantity exhausting the
    reserve is drawn, the amount so drawn does not                   This Regulation shall enter into force on'1 January
                                                                ; 1979. '•
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                                      r
                  Done at Brussels.                                                1
                                                                               For fbc Council .
                   _ ■ ,    \                                                    The PresuU nt
 ---pagebreak---  f I N1 A N C I A L     STATEMENT                               Date :
   . Budget tine concerned : Ch . 12 Apt . 120
 2 . Legal basis :    Art - 28 and 113 ° f the Treaty
 3 * Title of the tariff measure :
     Proposal for -i Regulation ( EEC ) of the Council on the opening , allocation and
     administration of a Community tariff quota for newsDrint falling within
    subheading No 48.01 A of the Common Customs Tariff < 1979 ) artd extending this
   quota   to include certain other types of paper .
4 . Objectives :
   To respect the contractual engagements under GATT and to assure covering
   the "Communities * needs for newsprint .
5 . Method of calculation :
     - No of'CCT -         :     48.01 A et ex 48.01 E
     - Quota volume        :     2,500 000 tonnes
     - Quota duty rate     :   .    .
     - Duty rate ÇCT       • • 7% and 122
                                                            ι .
6 . Loss of receipts :       4 Sooo ooo ITua