CELEX: 51981PC0605
Language: en
Date: 1981-10-26
Title: Proposal for a cnnwrn pfgiii at-tdm (ppc opening , allocating and providing for the administration of a Community tariff quota for certain plywoods coniferous species , falling within heading No ex 44.15 of the Common Customs Tariff (1982) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 605
Vol. 1981/0183
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                       C0MC81 ) 605 final
                                                                       Brussels * 26 October 1981
                                       Proposal for a
                              cnnwrn             pfgiii at-tdm         ( ppc
     opening , allocating ancTbpcsvjcling for the administration of a Communit )
                                  , \ iU It'.! / 1 , , / X
     tariff quota for/certain ptjWqodVof coniferous species , falling withir
                          /«V              Ç             ' ■/* . v   *
     heading No ex 44.15 of.\the Common Customs Tariff ( 1982 !
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                                             c,                    V
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                                                    ^
           ( submitted to the Council by the Commission
C0M(81 ) Ans  -f-îna
 ---pagebreak---                                                         C£3w\ G ^5
                            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 at zero duty of
 a total volume of 600,000 cubic metres .
  Plywood of coniferous species , without the addition of other
  substances                                          x
  – of thickness greater than - 8.5 mm , the faces of which are not
     further prepared than the peeling process , or ■              - 'L
  - 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 Community tariff quotas at r
  zero duty for- these products at volumes to be decided for each year
                        *                   •i .
  when i£ 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 .
  This proposed Regulation - concerns the Community tariff quotas in
  question to be opened on 1 January 1982 'and allocated among Member
  States ,                •       ■                      ' *.■ •        " '■■■' ■
  The application of Protocol Nou 11 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 supplyon 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 .                    '
  The quota volume to be opened for 1982 was discussed by the
  " Economic Tariff Questions" group on 1 6 September 198?. It became clear
  from the discussion that :                      ■
 ---pagebreak--- a ) import from third countries thought necessary by Member States woulc
     exceed 900,000 m3 for 1982 ; it should be noted that effective use
     made of quotas in the Last three years was only 590 000 m3 in 1977 ,
 ■   696 COO m3 in 1978 : 1 768 000 m3 in 1979 and . 687 000 m3 in 1980 ;
                                                     . moreover , neither
        increased consumption nor the present economic situation in the
       construction sector can justify the proposed increase ;■
 b) as stated by the producing Member States,' there is a risk that
       supplies to be obtained on the Community interna'l market may hot
       be used up in 1982, which may make it difficult to open the
       autonomous quota envisaged by Protocol No 11 of the Act of Accession
 c ) Member States would interpret differently the question of granting      '
       the benefit of quotas already opened for laminated panels of
       coniferous wood grooved and tongned before -importation to facilitate
       assembly .
    . It has not yet been possible to establish the precise volume of such
       imports , which must , however , be significant .
 3 . Generally , the Commission considers that , taking account of the
       uncertain level of consumption and the need for parallel growth-
       in Community production and supplies on favourable terms to user
       industries , great care should be taken in fixing the quota volume ,
       so as not to endanger the market balance .
      iIt has therefore been decided to limit the initial quota for 1981
       to the GATT consolidated volume of     600 000 m3 , and to review the
       situation, if necessary, during the year .        _          «
 4 . 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 10,000 cubic metres ;
       - the allocation of the first tranche in proportion to the needs
           expressed by Member States and in accordance with the effective
           utilisation of the quotas opened for the last three years ;
     *■ the changing of imports against Member4 States' shares as and when
          the products are entered with the customs authorities for free
          circulation .                        A
 ---pagebreak---                                  3-
White a decision on the item shown at paragraph 2 c ) above is awaited
the current proposal makes it possible to comply with undertakings'
made by the Community and with the provisions of the Resolution of
27 June 1974 . The Commission therefore reserves the power to change
its proposal as matters develop , so as to adapt.it , if, necessary,
to the final outcome of the current discussions . ••
 ---pagebreak---                                                     PROPOSAL FOR A
                                       COUNCIL REGULATION (EEC)
                  opening, allocating and providing for the administration of a Community tariff quota for
                  certain plywoods of crniferous species, foiling within heading No ex 44.15 of the
                                              Common Customs Tariff ( T982 ).
    THE COUNCIL OF THE EUROPEAN                                  their initial shares ; whereas, in order to offer
    COMMUNITIES,                                                 importers some degree of security, the first tranche of
                                                                 the quota should be fixed at a relatively high level, or
                                                                 about 98 % of its full amount; whereas, on the basis
    Having regard to the Treaty establishing the                 of Member States' estimates for their needs, the initial
    European Economic Community, and in particular               shares may be fixed as set out in Article 2 ;
    Article 1 13 thereof,       i
                                                                 Whereas Member States may use up their initial
   Having regard to the proposal from the Commission,            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
   Whereas the Community has undertaken to open an               share should draw an additional share from the
   annual Community tariff quota of at least 600 000 mJ          reserve; whereas, each time its additional share is
   for certain plywoods of coniferous species falling            almost used up, a Member State should draw an
   within heading No ex 44.15 of the Common Customs              additional share, and so on as many times as the
   Tariff; whereas, under Protocol 11 to the 1972 Act            reserve allows ; whereas the initial and additional
of Accessior> the Community is required to open ,                shares should be valid until the end of the quota
   each year autonomous nil duty Community tariff                period ; whereas this form of administration requires
   quotas for the same products, the volume thereof to           close collaboration between Member States and the
   be decided annually when it is established that all ,         Commission, which latter must, in particular be able
   possibilities of supply on the internal market of the         to keep a record of the extent to which the quota has
   Community have been exhausted during the period               been used up and to inform the Member States
   for which the quotas are open ; whereas the condition         accordingly;
   laid down by the said Protocol does not seem to be
   met at the moment; whereas, in these circumstances,
   it is appropriate to limit oneself in the first' stage to     Whereas if, at a given date in. the quota period , a
   the contractual volume of 600 000 mJ ; whereas the .          considerable quantity of a Member State's initial
   fixing of the quota volume at this level does not '           share remains unused, it is essential that that Member
   exclude moreover recourse to the provisions of the            State should return a significant proportion to the
   abovementioned Protocol 11 during the quota period ;          reserve, so as to avoid a part of the quota remaining
                                                                 unused in one Member State when it could be used in
                                                                 others ;
   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           Whereas, since the Kingdom of Belgium, the
   second held as a reserve to cover the subsequent              Kingdom of the Netherlands and the Grand Duchy
 • requirements of Member States which have exhausted            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,
 ---pagebreak---   HAS ADOPTED THIS REGULATION :                                any portion returned to the reserve where Article 5
                                                                has been applied , has been used up, that Member
                                                                State shall forthwith, by notifying the Commission,
                           Article 1                           draw a second share, to the extent that the reserve so
                                                               permits, equal to 10 % of its initial share, rounded up
  1 . During the period from .1 January to 31                   as necessary to the next whole number.
  December 19f2 , a Community tariff quota of 600 000
  m1 shall be opened for the following products falling
  within heading No ex 44.15 of the Common Customs              2 . If, after its initial share has been ' exhausted,
t Tariff :                                                      90 % or more of the second share drawn by a
                                                                Member State has been used up, that Member State
  (a) plywood of coniferous species, without the               shall, in the manner and to the extent provided in
       addition of other substances, of a thickness greater    paragraph J , draw a third share equal to 5 % of its
       than 8*5 mm, the faces of which are not further          initial share, rounded up as necessary to the next
       prepared than the peeling process ;                     whole number.
  (b) plywood of coniferous species, without the
       addition of other substances, sanded, and of a '         3. If, after its second share has . been exhausted,
       thickness greater than 18-5 mm.                          90 % or more of the third share drawn by a Member
                                                                State has been used up, that Member State shall, in
  2. Imports of the products in question may not be             the manner and to the extent provided in paragraph
  charged against this tariff quota if they are already         1 , draw a fourth share equal to the third.
  free of customs duties under other preferential tariff
  arrangements.
                                                               This procedure shall apply until the reserve is used
  3. The Common Customs Tariff duty shall be                    up.
  totally suspended within the limits of the above quota.
                                                                4. By way of derogation from paragraphs 1 , 2 and
  Within the limits of this tariff quota, Greece shall          3, Member States may draw lesser shares than those
  apply duties Calculated in accordance with the                specified therein if there are grounds for believing
  relevant provisions set but in the 1979 Act of                that those specified may not be used in full. They
  Accession .
                                                                shall inform the Commission of their reasons for
                                                                applying this paragraph.
                            Article 2
  1 . • The tariff quota referred to in Article 1 ( 1 ) shall
  be divided into two tranches.                                                         Article 4
  2.      A first tranche of 590 000 mJ shall be allocated
  among the Member States. Member States' shares               Additional shares drawn pursuant to Article 3 shall be
  which, subject to Article 5, shall be valid until            valid until 31December 1982
  31 December 19i2 , shall be as follows :
                                      ■ in cubic metres
            Bénélux jr                  170 687 "                                       Article 5
            Denmârfc                      62 186
            Germany                       83. 013
            Greece                               59             Member States shall return to the reserve, not later
            France                        17 .759               than 1 October 19$g ^ the unused portions of their
            Ireland                         5 605                initial shares which, on 15 September 198£ ^ are in
            Italy                         24 249                 excess of 20 % of the initial amounts. They may
            United Kingdom              226 442                  return a greater portion if there are grounds for
                                                              . believing that such portion may not be used in full.
   3.     The second tranche of 10 000 mJ shall constitute
   the reserve.
                                                                 Member States shall notify the Commission, not later
                                                                than 1 October 1982 , of the total quantities of the
                            Article 3                            products in question imported up to 15 September
                                                                 1982 ar>d charged against the Community quota and
    1.    If 90 % or more of a Member State's initial            of any portion of their initial shares returned to the
   share as fixed in Article 2 (2), or of that share minus       reserve.
 ---pagebreak---                                                        - 3
                        Article 6                            3. Member States shall charge imports of the
                                                             products in question against their shares as and when
The Commission "> hall keep an account of the shares         the products are entered with the customs authorities
opened by the Member States pursuant to Articles 2           for fre^ circulation .
and 3 and , as soon as it has been notified, shall
inform each State of the extent to which the reserve         4.     The extent to which a Member State has used
has been used up.                      '                     up its share , shall be determined on the basis of
                                                             imports charged against that share in accordance with
It shall inform the Member States, not later than            paragraph 3.
5 October 1982 , of the amount still in reserve after
amounts have been returned thereto pursuant to
Article 5 .                                                                          Article 8
It shall ensure that the drawing which exhausts the „         At the Commission's request, Member States shall
reserve does not exceed the balance available and, to         inform it of the imports actually charged against their
this end, shall notify the amount of that balance to          shares.
the Member State making the last drawing.
                        Article 7                                    \               Article 9
1.    Member States       shall   take   all appropriate       Member States and the Commission shall cooperate
measures to ensure that additional shares drawn               closely to ensure that this Regulation is complied
pursuant to Article 3 are opened in such a way that           with .
imports may be charged without interruption against
their aggregate shares of the Community quota.
                                                                                     Article 10
2. Member States shall ensure that importers of the
products in question established in their territory have      This Regulation shall enter into force on 1 January
free access to the shares allocated to them.                   198 2 .
              This Regulation shall be binding in its .entirety and directly applicable in all Member
              States.
                                                         . ^                                          v
              Done at Brussels,                1980                           - •
                                                    "                               For the Council
                                                                                     The President