CELEX: 51982PC0534
Language: en
Date: 1982-09-21
Title: Proposal for a COUNCIL REGULATION (EEC) establishing ceilings and Community supervision for imports of certain products originating in Portugal (1983) (submitted to the Council by the Commission)

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COM (82) 534
Vol. 1982/0175
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 ---pagebreak---     COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(82)534 final
                                                          Brussels , 21 September 1982
                                           Proposal for a
                                        COUNCIL REGULATION ( EEC )
               establishing ceilings and Community supervision for imports
               of certain products originating in Portugal ( 1983 )
                         \ 's
                              ( submitted to the Council by the Commission )
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C r)Y(82 ) 534 final
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
 1 . The Supplementary Protocol between the European Economic Community and
       the Portuguese     Republic , annexed to the Agreement between the
      Community and Portugal completed by the Protocol of adaptation to take
      account of the accession of Greece to the Community provides for the
      exemption from duty for certain types of paper and paperboard
       ( subheadings ex 48.01 C II and 48.01 F of the CCT ), originating
      in Portugal imported into the Community with the exept ion of ■ the
      United Kingdom and    Denmark .  Nevertheless , these imports are
      limited    to annual ceilings .
      When a ceiling is reached , the residual customs duties applicable
      to Portugal may be reimposed by the Community until the end of the
      calendar year .
2 . The implementation of the system of ceilings and the option of
     reintroducing customs duties require the adoption of precise common
    rules to be applied uniformly by the Member States concerned .
    These requirements may be met by setting up a Community system of
    surveillance of actual imports from the partner concerned .
    To that end the Member States must take appropriate measures to
    permit the rapid collection of statistical returns for the        whole
     Community .
    In this connection imports of the products in question should
    be recorded only as and when they are entered        for free circulation
    accompanied by a movement certificate conforming to the rules of the
    Agreement referred to in 1 above .
 ---pagebreak--- The returns will be drawn up by the Member States at the end of each
month and forwarded before the fifteenth day of the following month
to the Commission in order to enable the latter to send to the Member
States a comprehensive product -by-product statement of the imports in
question effected during the preceding month . The surveillance system
will require quick action and close cooperation between the relevant
departments of the Member States and the Commission . iSince the products
in question belong to the sensitive products category and duty-free
imports in excess of the ceilings may disturb the Community market , it
is absolutely essential that the Member States observe strictly the
abovement ioned time limit of fifteen days .
The following procedure will be used for setting in train the machinery
for reintroducing duties : as soon as one of the comprehensive monthly
statements compiled by the Commission shows that 75 % of the ceiling fixed
for a given product has been reached, the Commission wi 11 inform the
Member States and consultations may take place , in particular within
the Economic Tariff Problems Group , either at the request of a Member
States or on the Commission 's own initiative . The purpose of these
consultations will be to examine in each individual case whether the
customs duties applicable to Portugal should be reimposed when the
c e i ling is actually reached .
Imports of the product in question will continue to be the subject
of monthly returns or , if the Commission so requests , of a telex
message covering each period of ten days . This message must reach
the Commission within five days .
The Commission can thus take within the shortest possible time the
measures required for the adoption of a regulation reintroducing
customs duties in respect of the partner country until the end of
the calendar year . In that event , the customs duties on the product
in question would naturally be reimposed within the time limit laid
down by the regulation ending exemption from duties .
 ---pagebreak---                                      •3
    However , as Long as for a certain product the Levying of the customs
    duties has not yet been introduced at Community LeveL Greece   can re­
    introduce this Levying as soon as the imputations on this territory
    have reached the amount fixed by the additionaL protocoL in question .
3 . The attached proposaL provides for the deLegation by the CounciL
    to the Commission of the power to appLy the ruLe on cei Lings and
    the reintroduction of duties .
    The proposaL for a reguLation mereLy outLines how these powers are
    to be exercised so that the machinery to be used may be adjusted
    fLexibLy and rapidLy in consuLtation with the Member States .  Again
    with a view to maximum efficiency and rapidity , the proposaL Lays
    down that the Commission wiLL be responsibLe for reintroducing , in
    respect of the partner country , the duties appLicabLe .
ANNEX   :
ProposaL for a CounciL ReguLation
 ---pagebreak---                                                Proposal for a
                                           COUNCIL REGULATION (EEC)
                 establishing ceilings and Community supervision for imports of certain products
                                                 originating in Portugal ( 198 3 )
   THE COUNCIL OF THE EUROPEAN
   COMMUNITIES,
                                                                  Whereas this administrative procedure requires close
   Having regard to the Treaty establishing the                   and particularly prompt cooperation between the
   European Economic Community, and in particular                 Member States and the Commission; whereas the
   Article 113 thereof,                                           latter must, in particular, be able to follow the
                                                                  progress of quantities charged against the ceilings and
                                                                  keep the Member States informed ; whereas this
                                                                  cooperation has to be particularly close since the
   Having regard to the proposal from the Commission,             Commission must be able to take - the appropriate
                                                                  measures to reintroduce customs tariff duties if one of
                                                                  the ceilings is reached,
   Whereas the Supplementary Protocol (') to the
   Agreement between the European Economic
   Community and the Portuguese Republic (J), as
                                                                  HAS ADOPTED THIS REGULATION :
   supplemented by ^ he Protocol to the
 Agreement between the European Economic
 Community and the Protuguese Republic                                                     Article 1
 consequent on the accession of the
 Hellenic Republic to the Community ( 3 ),
                                                                   1 . From 1 January to 31 December 1983 , imports
                provides for the exemption from duties             into the Community with the exception of the United
of kraftliner . and of other paper and paperboard                  Kingdom and Denmark of the products listed in the
falling within subheadings ex 48.01 C II and 48.01 F              Annex hereto and originating in Portugal shall be
of the Common Customs Tariff, originating in                      subject to annual ceilings and Community sur­
Portugal, when imported into the Community, with                  veillance.
the exception of the United Kingdom and Denmark ;
whereas, nevertheless, the benefit of duty exemption
is limited to annual ceilings of 62 000 and 2 000                 The description of the products referred to in the first
tonnes respectively, above which the residual customs             subparagraph, their tariff headings and statistical
duties for each product may be reintroduced until the             numbers and the ceilings shall be set out in the Annex
                                                                  hereto .
end of the calendar year ; whereas the application of
ceilings requires that the Community be regularly
informed on imports of the products in question orig­
inating in Portugal ; whereas it is, therefore, desirable          2.    Quantities shall be charged against the ceilings
that imports of these products be subjected to a                   as and when products are entered for free circulation
system of surveillance ;                                           and accompanied by a movement certificate which
                                                                   shall comply with the rules set out in Protocol 3 to
                                                                   the Agreement.
Whereas this objective may be achieved by means of                Good may be charged against the ceiling only if the
an administrative procedure based on charging                     movement certificate is submitted before the date on
imports of the products in question against the                   which customs duties are reintroduced .
ceilings at Community level as and when the products
are    entered    for free circulation ; whereas        this      The extent to which a ceiling is used up shall be
administrative procedure must provide for the                     determined at Community level on the basis of the
possible reintroduction of residual customs tariff                imports charged against it in the manner defined in
duties once the ceilings are reached ;                            the preceding subparagraphs.
                                                                  The Member States concerned shall, at the intervals
 (') OJ No L 348 , 31 . 12 . 1979, p. 44.                         and within the time limits specified in paragraph 4,
 (') OJ No L 301 , 31 . 12. 1972, p. 165 .                         inform the Commission of imports effected in
 (') OJ No L                                                      accordance with the above procedures.
 ---pagebreak---                                                    -2-
3. As soon as the ceilings have been reached, the           4.    Member States concerned shall, not later than
Commission may adopt a Regulation reintroducing             the 15th day of each month, forward to the
residual customs duties until the end of the calendar       Commission statements of the quantities charf . •)
year.                                                       during the preceding month. If the Commission co
                                                            requests, they shall provide such statements
In the case of such reimposition, Greece shall              periods of 10 days and forward them within five clear
introduce the levying of the duties calculated in           days of the end of each 10-day period .
accordance with Regulation (EEC) No 2370/ 81 .
                                                                                   Article 2
As soon as the amounts set off against the ceilings
within its territory have reached the amounts               The Commission shall, in close cooperation with r , ■.
indicated in the Annex, Greece may reintroduce, until        Member States, take all appropricte steps to apply
the end of the calendar year, the levying of the            this Regi Sation .
customs duties calculated in accordance with Regu­
lation (EEC) No 2370/81 . It shall notify the                                      ■Article 3
Commission, which shall inform the other Member
States of this fact. Paragraph 2 shall apply mutatis        This Regulation shall enter into force on 1 Janua-y
mutandis.                                                    1983 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels,
                                                                                 For the Council
                                                                                   The President
 ---pagebreak---                                                                  ANNEX
                                LIST OF PRODUCTS SUBJECT TO IMPORT CEILINGS IN 1983
                                                                                                               Level of the
                     CCT                                                                                       a) Community
   Serial No       heading                           Description                         N1MEXE code              ceiling
                      No                                                                                       b) Amount concerning
                                                                                                                  Greece
                                                                                                                      (tonnes)
        1              2                                  3                                     4                         5
      Ρ 1           48.01        Paper   and    paperboard      (including cellulose
                                 wadding), in rolls or sheets :
                                 C. Kraft paper and kraft board :
                                    ex II. Other :
                                           – Kraftliner paper and board (a)          48.01-20 ; 22 ; 24 ; 30 ;       a) 62 000
                                                                                           32 ; 34 ; 36 ; 38 ;      b)    2 000
                                                                                           39
      Ρ 2                        F. Other                                            48.01-60 to 99                  a)   2 000
                                                                                                                    b)    2 000
(a) 'Kraftliner' means machine-finished or machine-glazed paper or paperboard, in rolls, containing not less than 80 % of
    chemical sulphate softwood pulp calculated on total fibre content, weighing more than 115 g/m2 and having a Mullen burst
    ratio of not less than 35 .