CELEX: 51976PC0486
Language: en
Date: 1976-09-20
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of tariff quotas for certain types of paper and paperboard of subheadings ex 48.01 C II and 48.01 E of the Common Customs Tariff originating in Portugal (1977). (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 486
Vol. 1976/0145
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concernant l'ouverture au public des archives historiques de la Communauté économique
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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
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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.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        !  »
                                           COM(76)486 final.
                                           Brussels . 20 September 1976 .
                                Proposal for a
                           COUNCIL REGULATION (EEC )
           opening , allocating and providing for the administration
   of tariff quotas for certain types of paper and paperboard of sub­
     headings ex 48.01 C II and 48.01 E of the Common Customs Tariff
                      originating in Portugal ( 1977 )*
                ( submitted to the Council by the Commission )
COM (7 6) 486 final
 ---pagebreak---                              EXPLANATORY MEMORANDUM
1 . On 20 September 1976 "the European Economic Community signed an Interim
    Agreement with the Portuguese Republic . Article 4 of the Agreement
    stipulates " that for kraft paper and kraft board for wrapping , known
    as "kraftliner", and for paper and paperboard , other , of tariff
     subheadings ex 48*01 C II and 48.01 E, originating in Portugal , the
    Community , as originally constituted, and Ireland , shall open , for the
    period from 1 January 1976 to 31 December 1983 , annual zero-duty tariff
    quotas of 42 000 tonnes and 1 500 tonnes respectively . The tariff quotas
    for 1977 should now be opened .
2 . The draft regulation opening the tariff quotas provides - as is the
    rule in this field - for each quota volume to be divided into two
    instalments , the first being allocated among the Member States in the
    form of quota shares and the second forming the reserve .
    Concerning the allocation of the volume of the first instalment , the usual
    procedure should be applied , that is the proportion of the total imports
    of each Member State over the last three years to Community imports over the
    same period is worked out and the resulting percentages are applied -
    per Member State - to the volume of the first instalment .
    As regards the products falling within subheading 48.01 E, however , this
    procedure has not been used because certain Member States have not imported
    such products , or have imported them only occasionally over the years in
    question .
    Since it is necessary to allocate the quota volume fairly , these Member
    States have been allocated small percentages that represent saleable shares *
3 . The method of administration to be used by all the Member States is the
    " as and when" method .
4 • The foregoing is the subject of thai proposal for a regulation .
 ---pagebreak---                           Pro posai for
                     Council Regulation ( EEC)'
              opening, allocating and providing for the administration
              of tariff quotas for certain types of paper and paperboard
              of subheadings ex 48 . 01 C II and 48.01 E of the Common
              Customs Tariff originating in Portugal ( l977 )»
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 Article 4 of the Interim Agreement "between the European Economic
Community and the Portuguese Republic^sdipulates that the Community, as
originally constituted , and Ireland , shall open annual zero-duty tariff
quotas for paper and paperboard for wrapping, known as "kraftliner" and for
paper and paperboard, other , of subheading ex 48.01 C II and 48 . 01 E of the
Common Customs Tariff originating in Portugal , of 42 000 tonnes and 1 500 tonnes
respectively } which should be increased yearly by 5% starting on lrst January 1977
whereas the tariff quotas concerned should be opened for 1977 }
Whereas it is in particular necessary to guarantee all Community importers
equal and uninterrupted access to the abovementioned quotas and uninterrupted
application of the rates laid down for these quotas to all imports of the
products concerned into all Member States until the quotas have been used
up ;   whereas , having regard to         j
the principles mentioned ahove t the Community nature of the quotas can oe
respected by allocating the Community- tariff quota among the Member States }
whereas , in order to reflect most accurately the actual development of the
market in the products concerned, such allocation should be in proportion to
the needs of the Member States , assessed by reference both to the statistics
of each State 's imports from Portugal over a representative period and to the
 economic outlook for the quota period concerned }
 ( 1 ) ABI no L
 ---pagebreak---                                   2
Whereas over the last three years for which statistics are available the
 corresponding imports "by each fo the Member States represent the following
percentages of total imports into the Community of the product concerned
originating in Portugal :
    tariff subheading ex 48.01 C                    Tariff subheading ex 48.01
             1973      1974       1975                1973     1974     1975 •
Bénélux                15.6         20.1                                 2.8
Prance       38.1 ,    22.6         21.4 -             99-9     99-9    73.1
Germany                24.8         34.7                         0.1
Ireland                  2.9         6.7                0.1             24.1
Italy ■      61.9      34.1         17-1
Whereas , in view of these data and the forseeable trend of the market in
the products concerned during the quota period in question , quota shares may
be fixed approximately at the following percentages :
 ---pagebreak---                                    3
                                        ■tariff subheading         tariff subheading
                                         ex 48.01 C II             48.01 E
Bénélux                                         18                          4
Prance                                          22                         76
Germany                                         30                          6
Ireland                                          6                         11
Italy                                           24                          3
Whereas , in order to take into account import trends for the products concerned
in the different Member States , each of the quota volumes should be divided
into two instalments , the first instalment being allocated among the Member
States and the second forming a reserve intended to cover subsequently the
requirements of the Member States which have used up their initial quota
shares ; whereas , in order to guarantee importers in each Member State a
certain degree of security , the first instalment of the Community quotas should
be determined at a level which , in this care could be 75$ of each of the quotas
volumes .
Whereas the initial quota shares of the Member States may be used up at different
times ; whereas , in order to take this fact into account and avoid any break
in continuity , any Member State having used up almost the whole of one of its
initial quota shares should draw an additional quota share from the corres­
ponding reserve ; whereas this must be done by each Member State when each of
its additional quota shares is almost entirely used up , and repeated as many
times as the reserve allows ; whereas the initial and additional quota shares
must be available for use until the end' of the quota period ; whereas this
method of administration calls for close cooperation between Member States and
the Commission , which must , in particular , be able to observe the extent to
which the quota volumes are used and inform Member States thereof ;
 ---pagebreak---                                 - 4 -
Whereas , if at a specified date in the quota period there remains in one or
other        Member States a considerable "balance of one of the initial
quota shares ,   it is essential that that Member State return a substantial
proportion of it to the corresponding reserve , in order to avoid a part of
one or other of the Community quotas remaining unused in one Member State
when it could "be used in others j
Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands and '
the Grand Duchy of Luxembourg are united in and represented "by the     Benelux
Economic Union , all transactions concerning the administration of shares
allocated   to the abovementioned economic union may "be carried out. "by any
of its members .
HAS ADOPTED THIS REGULATION :
                              Article 1
For the period 1 January to 31 December 1977 zero-duty tariff quotas shall
be opened in the European Economic Community, as originally constituted ,
and in Ireland , for the following products originating in Portugal within
the limits indicated :
CCT heading No .                   Description                     Quota volume
48.01                Paper and paperboard ( including cellulose
                     wadding), machine-made , in rolls or sheets :
                     C. Kraft paper and kraft board :
                        ex II . Other :
                                - Kraft paper and kraft board for
                                  wrapping, known as "kraftliner"   44*100 mt
                     E. Other                                        1.575 mt
 ---pagebreak---                                 Article 2
1 . The tariff quotas laid down in Article 1 shall tie divided into two
    instalments .
2 . A first instalment shall "be shared among the Member States ; the shares
    which , subject to Article 5 » shall be valid until 31 December 1977 » shall
    consist of the following amounts :
                                                        - in mt -
Member State               Products of subheadings
                           ex 48.01 C II     48.01 E
Bénélux                    5 « 954                 48
France                     7*276                 896
Germany                    9*922        .          72
Ireland                    I . 985               130
Italy                      7.978                   36
                                                         J-H'
3 . The second instalment of each quota, 11.025 and 393 Respectively,
    shall constitute the reserve .
                                Article 3 ~
1 . If 90 7° or more of one of the initial shares of a Member State , as laid
    down in Article 2 ( 2 ), or 90 $ or more of that share less the amount
    returned to the reserve , where the provisions of Article 5 have been
    applied , has been used , that Member State shall draw , without delay
    and by notifying the Commission a second share equal to 15 % of its
    initial share , rounded up to the next unit where appropriate , to the
    extent that the amount in the reserve allows .
 ---pagebreak---                                   - 6 -
 2 . If , after one or other of its initial shares has "been used up 90 % or
     more of the second share drawn "by a Member State has "been used , that
     Member State shall draw in the manner specified in paragraph 1 a third
      share equal to 75 % of its initial share , rounded up to the next unit
     where appropriate , to the extent that the amount in the reserve sllows .
 3 . If , after one or other , of its second shares has been used up , 90 %
     or more of the third share drawn by a Member State has been used, that Member'
     State shall draw in the manner specified in paragraph 1 , a fourth share
     equal to the third .
     This process shall be applied until the reserve is used up .
4 . Notwithstanding paragraphs 1 , 2 and 3 , the Member States may draw
     shares smaller than those fixed in the said paragraphs if there is any
     reason to believe that those shares might not be used up . They shall
     inform the Commission of the reasons which led them to apply this paragraph .
                                 Article 4
Each of the additional shares drawn pursuant to Article 3 shall be valid
until 31 December 1977 *
                                 Article 5
The Member States shall return to the reserve , not later than 1 October 1977 »
the unused portion of their initial share which , on 15 September 1977 » is in
excess of 20 $ of the initial amount . They may return a larger quantity if
there are reasons to believe that such quantity might not be used .
 ---pagebreak--- The Member States shall , not later than 1 October 1977 » notify the Commission
of the total imports of the products concerned effected up to 15 September 1977
inclusive and charged against the Community quotas and , where appropriate ,
the proportion of their initial shares that is being returned to each
reserve .
                              Article 6
The Commission shall keep account of the shares opened by Member States
in accordance with Articles 2 and 3 and shall inform each of them of the
extent to which the reserves have been used as soon as it receives
notifications .
The Commission shall , not later than 5 October 1977t notify Member States
of the amount in each reserve after the return of quantities pursuant to
Article 5 »
The Commission shall ensure that any drawing which uses up any reserve
is limited to the balance available , and for this purpose shall specify
the amount thereof to the Member State which makes the final drawing.
                              Article 7
1 . The Member States ahll take all appropriate measures to ensure that ,
    v/hen additional shares are drawn pursuant to Article 3 , it is possible
    for charges to be made without interruption against their accumulated
    shares of the Community quota .
2 . The Member States shall ensure that importers of the said goods established
    in their territory have free access to the shares allocated to them .
3 . The Member States shall charge the imports of the products concerned
    against their shares as and when the goods are entered for home use .
 ---pagebreak--- 4 « The extent to which a Member State has used up its shares shall "be
    determined on the "basis of the imports charged under the conditions
    stipulated in paragraph 3 »
                            Article 8
At the request of the Commission , Member States shall inform it of import
of the products concerned actually ; charged against their shares .
                            Article 9
The Member States and the Commission shall cooperate closely in order
to ensure that the provisions of this Regulation sire observed .
                            Article 10
This Regulation shall enter into force on 1 January 1977 *
This Regulation shall "be "binding in its entirety and directly applicable
in all Member States .
Cone at Brussels ,                         For the Council ,
                                            The President