CELEX: 31977R2582
Language: en
Date: 1977-11-21 00:00:00
Title: Council Regulation (EEC) No 2582/77 of 21 November 1977 on the opening, allocation and administration of tariff quotas for certain types of paper and paperboard falling within subheadings ex 48.01 C II and 48.01 F of the Common Customs Tariff, originating in Portugal (1978)

25. 11 . 77                            Official Journal of the European Communities                                    No L 301 / 1
                                                                  I
                                            (Acts whose publication is obligatory)
                                     COUNCIL REGULATION (EEC) No 2582/77
                                                    of 21 November 1977
              on the opening, allocation and administration of tariff quotas for certain types
              of paper and paperboard falling within subheadings ex 48.01 C II and 48.01 F of
                           the Common Customs Tariff, originating in Portugal ( 1978)
THE COUNCIL OF THE EUROPEAN                                             ters and the rates of duty for these quotas should be
 COMMUNITIES,                                                           applied consistently to all imports of the products in
                                                                        question into the Member States concerned until the
 Having regard to the Treaty establishing the European                  quotas have been used up ; whereas, in the light of the
 Economic Community, and in particular Article 113                      principles outlined above, arrangements for the utiliza­
 thereof,
                                                                        tion of the Community tariff quotas based on an allo­
 Having regard to the proposal from the Commission,                     cation among Member States would seem consistent
                                                                        with the Community nature of the quotas ; whereas,
Whereas Article 4 of the Interim Agreement between                      in order that it may correspond as closely as possible
 the European Economic Community and the Portu­                         to the actual market trends in the products in ques­
guese Republic (!) lays down that the Community as                      tion, allocation of the quotas should be in proportion
 originally constituted and Ireland should open annual                  to the requirements of the Member States as calcu­
 duty-free tariff quotas for Kraftliner and for other                   lated by reference to statistical data on imports of the
 paper and paperboard falling within subheadings ex                     said products from Portugal during a representative
 48.01 C II and 48.01 F of the Common Customs                           reference period and to the economic prospects for
Tariff, originating in Portugal, of 42 000 and 1 500                    the quota period in question ;
 tonnes respectively, which should be increased yearly
 by 5 % as from 1 January 1977 ; whereas the tariff                     Whereas, during the last three years for which statis­
 quotas concerned should be opened for 1978 ;                           tics are available, the corresponding imports into each
                                                                        of the Member States represented the following
Whereas equal and uninterrupted access to the said                      percentages of total imports of the product in ques­
 quotas should be ensured for all Community impor­                      tion, originating in Portugal :
                                                         subheading ex 48.01 C II              subheading 48.01 F
                                                      1974         1975         1976      1974        1975        1976
              Benelux                                 15.6        20.1         25.2                   2.8         28.7
              Germany                                 24.8        34.7         28 1        5.0        —           54.0
              France                                  22.6        21.4         18.2      950         73.1          80
              Ireland                                  2.9          67            67      —
                                                                                                     24.1          9.3
              Italy                                   34.1         171         21.8       —            —           —
(■) OJ No L 266, 29 . 9 . 1976, p. 1 .
 ---pagebreak--- No L 301 /2                           Official Journal of the European Communities                                 25 . 11 . 77
Whereas, in view of these factors and of market fore­           Whereas, since the Kingdom of Belgium, the
casts for the products concerned during the quota               Kingdom of the Netherlands and the Grand Duchy of
period in question, the percentage shares in the quota          Luxembourg are united within and jointly represented
volumes may be expressed roughly as follows :                   by the Benelux Economic Union, any measure
                                                                concerning the administration of the shares allocated
                             subheading         subheading      to that economic union may be carried out by any
                            ex 48.01 CII          48.01 F       one of its members,
Benelux                         20.1                  4
Germany                         34.7                  6
France                          22.4                76
Ireland                          5.8                11          HAS ADOPTED THIS REGULATION :
Italy                           17.0                  3
                                                                                              Article 1
                                                                For the period 1 January to 31 December 1978, duty­
                                                                free tariff quotas shall be opened in the Community
                                                                as originally constituted and Ireland for products origi­
Whereas, in order to take account of future trends in           nating in Portugal and within the limits shown
imports of the products in question into the various            below :
Member States, each of the quotas should be divided
into two tranches, the first to be allocated among all               CCT
the Member States and the second to form a reserve                                            Description           Tariff quota
                                                                    heading                                           (tonnes)
intended to cover any subsequent requirements of                      No
Member States which have used up their initial
shares ; whereas, in order to ensure a certain degree of        48.01          Paper and paperboard (including
security for importers in each Member State, the first                         cellulose wadding), machine­
tranche of the tariff quota should be set at a level                           made, in rolls or sheets :
which in this case might be 75 % of each of the                                C. Kraft paper and kraft board :
quota volumes ;
                                                                                    ex II . Other :
                                                                                            — Kraftliner              46 305
                                                                               F. Other                                 1 653
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 any of its
initial shares should draw an additional share from the                                       Article 2
corresponding reserve ; whereas this should be done
by each Member State when each of its additional
shares has been almost used up, as many times as the             1.     The tariff quotas laid down in Article 1 shall be
                                                                divided into two tranches.
reserve allows ; whereas each of the initial and addi­
tional shares should be valid until the end of the
quota period ; whereas this form of administration               2. A first tranche of each quota, that is 34 730 and
requires close collaboration between Member States               1 240 tonnes respectively, shall be allocated among
and the Commission, which latter must, in particular,            the Member States ; the shares, which subject to
be able to keep a record of the extent to which the             Article 5 shall be valid until 31 December 1978, shall
quota has been used up and to inform the Member                  be as follows :
States accordingly ;
                                                                                                                           (tonnes)
                                                                          Member States             subheading   subheading
                                                                                                   ex 48.01 C II   48.01 F
Whereas, if at a given date in the quota period a
                                                                 Benelux                                6 980         50
considerable quantity of a Member State's initial share
 remains unused, it is essential that that Member State         Germany                               1 2 0 50        75
 should return a significant proportion to the corres­           France                                 7 780       942
 ponding reserve, so as to avoid a part of any of the            Ireland                                2 020        136
 tariff quotas remaining unused in one Member State              Italy                                  5 900         37
when it could be used in others ;
 ---pagebreak--- 25. 11 . 77                          Official Journal of the European Communities                              No L 301 /3
3. The second tranche of each quota, i.e. 1 1 575              and of any portion of their initial shares returned to
and 413 tonnes respectively, shall constitute the corres­      the reserves .
ponding reserve.
                                                                                        Article 6
                          Article 3
                                                               The Commission shall keep an account of the shares
1.     If 90 % or more of any of a Member State's              opened by the Member States pursuant to Articles 2
initial shares — as fixed in Article 2 (2) — or of that        and 3 and, as soon as it has been notified, shall inform
                                                               each State of the extent to which the reserves have
share minus any portion returned to the corres­
ponding reserve, where Article 5 has been applied, has         been used up.
been used up, that Member State shall forthwith, by
                                                               It shall inform the Member States, not later than 5
notifying the Commission, draw a second share, to the
                                                               October 1978 , of the status of each of the reserves
extent that the reserve so permits, equal to 1 5 % of its
initial share, rounded off upwards to the next whole           after amounts have been returned thereto pursuant to
                                                               Article 5.
number, if necessary.
                                                               It shall ensure that the drawing which exhausts any of
2.     If, after any of its initial shares have been used      the reserves does not exceed the balance available and,
up, 90 % or more of the second share drawn by a                to this end, shall notify the amount of that balance to
Member State has been used up, that Member State
                                                               the Member State making the last drawing.
shall, under the conditions laid down in paragraph 1
and to the extent that the reserve so permits, draw a
third share equal to 7-5 % of its initial share, rounded                                Article 7
off upwards to the next whole number, if necessary.
                                                                1.     Member    States   shall   take    all    appropriate
3. If, after any of its second shares have been used           measures     to  ensure   that   additional    shares  drawn
up, 90 % or more of the third share drawn by a                 pursuant to Article 3 are opened in such a way that
Member State has been used up, that Member State               imports may be charged without interruption against
shall, under the conditions laid down in paragraph 1 ,         their aggregate shares of the tariff quota.
draw a fourth share equal to the third.
                                                               2. Member States shall ensure that importers of the
This procedure shall apply until the reserve is used           product in question established in their territory have
up.                                                            free access to the shares allocated to them .
4. By way of derogation from paragraphs 1 , 2 and              3. The Member States shall charge the imports of
3, Member States may draw shares lesser than those             the products concerned against their shares as and
specified therein if there are grounds for believing           when the goods are entered for home use.
that those specified may not be fully used up. They
shall inform the Commission of their reasons for               4.      The extent to which a Member State has used up
applying this paragraph .                                      its shares shall be determined on the basis of the
                                                               imports -charged under the conditions stipulated in
                                                               paragraph 3.
                          Article 4
                                                                             i
                                                                                        Article 8
Each of the additional shares drawn pursuant to
Article 3 shall be valid until 31 December 1978 .
                                                               At the Commission 's request, Member States shall
                                                               inform it of imports actually charged against their
                                                               shares .
                          Article 5
Member States shall return to the reserve, not later                                    Article 9
than 1 October 1978, the unused portions of their
initial shares which , on 15 September 1978 , are in           Member States and the Commission shall cooperate
excess of 20 % of the initial amounts. They may                closely to ensure that this Regulation is complied
return a greater portion if there are grounds for              with .
believing that such portion may not be fully used up.
Member States shall notify the Commission , not later                                   Article 10
than 1 October 1978 , of the total quantities of the
product in question imported up to and including 15            This Regulation shall enter into force on 1 January
September 1978 and charged against the tariff quotas            1978 .
 ---pagebreak--- No L 301 /4                    Official Journal of the European Communities                        25. 11 . 77
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 21 November 1977.
                                                                     For the Council
                                                                       The Presides .
                                                                        H. SIMONET