CELEX: 51978PC0352
Language: en
Date: 1978-07-24
Title: Proposal for a COUNCIL REGULATION (EEC) on the opening, allocation and administration of a Community tariff quota for certain plywoods of coniferous species, falling within heading No ex 44.15 of the Common Customs Tariff (1979) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 352
Vol. 1978/0133
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(78)352 final
                                            Brussels , 24 July 1978
                             Proposal for a
                        COUNCIL REGULATION ( EEC )
            on the opening , allocation and administration of a
            Community tariff quota for certain plywoods of coniferous
            species , falling within heading No ex 44.15 of the
                      Common Customs Tariff ( 1979 )
                 ( submitted to the Council by the Commission )
C0M(78 ) 352 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
    Protocol N° 11 to v.'->e Act concerning the Conditions of Accession and the
                         "          (1)      > . *    . (    ♦   1   L^  -  !.. . 1
    Adjustments to the Treaties         provides for the opening by the Community
    from 1 January 1974 of autonomous zero duty Community tariff quotas for
    certain plywoods of coniferous species , the volume thereof to be decided
    annually when it is established that all possibilities of supply on the
     internal market of the Community will be exhausted during the period for
     which the quotas are open . In another context , in the course of the last
     GATT negotiation , the .Community has undertaken to open , for these products ,
     a Community tariff quota of 400.000 cubic metres free from customs duties .;
      This proposed Regulation concerns the Community tariff quotas in question
      to be opened for 1979 and allocated among Member States . 1
      This matter was dealt with at advisory meetingsof experts from the Member
      States held since 1975 , at which it became clear that taking into account
      the possibilities of supply on the Community market , which are in fact
       somewhat Limited , and on the basis of estimated submitted by the Member
       States , the tariff quotas in question could yet be grouped under a single
       quota of 700.000 cubic metres for 1979 . The size of the quota , fixed on
       the basic of provisional estimates , remains of course subject to a reexami
       nation of the situation during the quota period .               ^
•      The method of administration proposed is the same as that usually adopted
       for autonomous Community tariff quotas and consists basically of the folio
       wing :          .                            •     *
       - the setting up of a reserve of 30.000 cubic metres ;
       - the allocation of the first tranche in proportion to the needs expressed
         by Member States ;
       - the charing of imports against Member States' shares as and when the
         products are entered with the customs authorities for home use .
       This method of administration which was moreover already used since 1975 ,
       has been discussed in the course of the meeting of the " Economic tariff
       problems" group of 11 April 1978, with Member States' experts, vho consi­
       dered that it could be maintained for 1979.
 *- 73, 27 Msrch 1972, p „ 170.                           '
 ---pagebreak---                                                             I
                                                                                           )
                                                     PROPOSAL FOR A
                                    COUNCIL REGULATION (EEC)
               on the opening, allocation and administration of a Community tariff quota for
               certain plywoods of coniferous species falling within heading No ex 44.15 of the
                                 ,           Common Customs Tariff < 1979 )
THE COUNCIL OF THE EUROPEAN                                   quota should be divided into two tranches, the first
COMMUNITIES,                                                  being allocated among all the Member States and the
                                                              second held as a reserve to cover the subsequent
                                                              requirements of Member States which have exhausted
Having regard to the Treaty establishing the European         their initial shares ; whereas, in order to offer impor­
Economic Community, and in particular Article 28              ters some degree of security, the first tranche of the
and 113 thereof,                                              quota should be fixed at a relatively high level, or
                                                              about 96 % of its full amount ; whereas, on the basis
                                                              of Member States' estimates of their needs, the initial
Having regard to the proposal from the Commission,            shares may be fixed as set out in Article 2 ;<
Whereas, under Protocol 1 1 to the Act of Acces­
sion ( '), the Community is required to open each year        Whereas Member States may use up their initial
nil duty Community tariff quotas for certain plywoods         shares at different rates ; whereas, to provide for this
of coniferous species falling within heading No ex            eventuality and to avoid disruption of supplies, any
44.15 of the Common Customs Tariff, the volume
                                                              Member State which has almost used up its initial
thereof to be decided annually when it is established          share    should draw an     additional > share from  the
that all possibilities of supply on the internal market        reserve ; whereas, each time its additional share is
of the Community have been exhausted during the                almost used up, a Member State should draw an addi­
period for which the quotas are open ; whereas, in             tional share, and so on as many times as the reserve
view of the aforesaid . possibilities 'of supply and on the    allows ; whereas the initial and additional shares
basis of forecasts of . requirements made by the               should be valid until the end of the quota period ;
Member States, the volume of the tariff quota to be            whereas this form of administration requires close
opened for 1979rrtay be fixed at 700 000 m 3 ; whereas         collaboration     between   Member      States  and  the
the opening of the aforementioned tariff quota also            Commission, which latter must, in particular, be able
covers the commitment entered into by the Commu­               to keep a record of the extent to which the quota has
nis wilhin the GATT to giant in respect of these               been used up and to inform the Member Stales accord­
products an annual duty-free tariff quota of 400 000            ingly ;
m 5 ; whereas the abovementioned requirements do
not include imports to which other preferential tariff
arrangements may apply ; whereas, in view of the rela­
tively small quantities produced in the Community, it           whereas if at a given date in the quota period a
is not necessary to apportion this amount between the           considerable quantify of a Member State's initial share
categories of plywood specified in the abovetnen-               remains unused, it is essential that that Member State
tionec? Protocol 1 1 ; whereas the fixing of the volume         should return a significant proportion to the reserve
at 700 000 mJ on the basis of . provisional estimates           so as to avoid a part of the quot? remaining unused in
 does not exclude an adjustment during the quota                one Member State when it could be used irt others :
 year ;
 whereas, to take more precise account of foiture                Whereas, since the Kingdom of Belgium, the
 trends in imports of the products concerned, the                           of the Netherlands artd the Grand Duchy of
                                                                 Luxembourg are united within and jointly represented
 (') OJ No L 7i, 27. 3. 1972, p, 170,                            by the Benelujs Economic Union, ■ atry measure
                                                                         /
 ---pagebreak---                                                           - 2 -
 ; -nceming the administration of the shares &1$ocs?ed          equal to 10 s/o of its initial share , rounded up as neces­
::i that economic union may be carried out by any               sary to .the riext whole number.
. V,c of its members,
                                                                 2.      If, after its initial share has been exhausted,
                                                                 90 % or mote of the second share chawn by A
                                                                 Member State has been used up. that Member Su-ir
 !-'AS ADOPTED TH!S REGULATION :                                 shall, in the manner and to the extent provided
                                                                 paragraph ' , draw a third share equal to S % of i,,
                         Article I                               ini'.iai share, rounded vsp as necessary to the i-ixi
                                                                 whole number.
 1.     For the period I January to 3 ! December 1979            3.      If, after its second share has been- exhausted,
a Community tariff qubsa of 700 000 mJ sha!! be                  90 % or more of the third share drawn by a Member
opened for the following products falling within
heading No ex 44.15 of the Common Customs Tariff : v             State has been used up, that Member State shall, in
                                                                 the manner and to the extent provided in paragraph I ,
(a) plywood of coniferous species, without the addi­             draw a fourth share equal to the third.
      tion of other substances, of a thickness greater
      than 9 mm, the faces of which are not further .            This procedure shall apply until the reserve is used
      prepared than the peeiing process ;                        up.
(b) plywood of coniferous species, without the addi­
      tion of other substances, sanded, and of a thick­           4. i- By way of derogation from paragraphs 1 , 2 and
      ness greater than 18-5 mm .                                 3, Member States may draw lesser shares than those
                                                                  specified therein if there are grounds' for believing
2. Imports of the products in question may not be                 that those specified may not be used in full. They
charged against this tariff quota if they, are already free       shall inform the Commission of their reasons for
of customs duties under other preferential tariff arran­          applying this paragraph .
gements.
3. • The Common Customs Tariff duty shali be                                                Article 4
totally suspended within the limits of the above quota.
                                                                  Additional shares drawn pursuant to Article 3 shall be
                                                                  valid until 31 December 1979 *
                         Article 2
 1.     The tariff quota referred to in Article 1 (1 ) shall                                 Article 3
be divided into two tranches.
                                                                  Member. States shall return to the reserve, not later
 2.     A first tranche of 670 000 m 3 shall be allocated       • than 1 October 1 9 79, the unused portions of their
 among the Member States ; the shares, which subject              initial shares which, on 15 September 1 979- are in
 to Article 5 Shall be valid until 31 December 1979 ^             excess of 20 % of the initial amounts. They may
 shall be as follows :                                             return a greater portion if there are grounds for
                                        (cubic metres)            believing that such portion may not be used in full.
          Bénélux                         147 » 130
          Denmark                          92.460                 Member States shall notify the Commission, not later
          Germany                          79.870                  than 1 October 19 79. of the total quantities of the
          France                        - 15.140                   products in question imported up to and including 15
          Ireland                      • 15.950                    September 19 79 and charged against the Community
          Italy                             25.190                 quota and of any portion of their initial shares
          United Kingdom                  294.260                  returned to the reserve .
  3.     The second tranche of 30 000 m 5 shall constitute                                   Article 6
  the reserve .
                                                                   The Commission shall keep an account of the shares
                                                                   opened by the Member States pursuant to Articles 2
                          A rticU 3                                and 3 and, as soon as it-has beer? notified, shall inform
                                                                   each State of the extent to which the reserve has been
   \.    If 90 /o or more of a Member State's initial share        used yp.
   as fixed in Article 2 (2), or of that share minus any
   portion returned to the reserve where Article 5 has              It shall infortT? the Member States, not l?!er than 5
   been applied, has been used up, that Member State               October 19 ?^ of the amount still in reserve after
   shall forthwith, by notifying the Comrnissiorr,          a       amounts, have been reamed thereto pursuant to
   second share, to the me«t thsi the reserve so permits.           A tide 5 .       '  «
 ---pagebreak---                                                             - 3 -
It shall ensure that the drawing which exhausts the             4.    The extent to which a Member State has used up
reserve does not exceed the balance available and , to          its share shall be determined on the basis of imports
this end, shall notify the amount of that balance to            charged against that share in accordance with para­
the Member State making the last drawing.                       graph 3 .
                        Article 7                                                      Article 8
1.    Member     States  shall   take    all    appropriate     At the Commission s request, Member States shall
measures   to   ensure  that   additional    shares  drawn      inform it of the imports actual iy charged against their
pursuant to Article 3 are opened in such a way that             shares .
imports may be charged without interruption against
their aggregate shares of the Community quota .                                         Article 9
2.    Member States shall ensure thzt importers of the          The Member States and the Commission shall co­
products in question established in their territory have        operate closely to ensure ( hat this' Regulation is
free access to the sharas allocated to them .                   complied with.
3. Member States shall charge imports of the                                           Artide 10
products in question against their shares as and when
the products are entered with the customs authorities           This Regulation shall enter into force on i January
for home use.                                                   1979 .
              This Regulation shall be binding in its entirety and directly applicable in ai ! Member
              States.
              Done at
                                                                            For the Council
                                                                              The President
                                                                         /
 ---pagebreak--- FINANCIAL           STATEMENT                           Date
1. Budget line concerned : Ch , 12 Art . 120
2. Legal basis : Art . 28 and 113 of the Treaty
3. Title of the tariff measure ?                           _
   Proposal for a Regulation ( EEC ) of the Council on the opening , allocation
   and administration of a Community tariff quota for certain plywoods of
   coniferous species , falling within heading N° ex 44.15 of the Common
   Customs Tariff ( 1979).'
4. Objectives :
   Respect of engagements contracted under the GATT and to assure meeting
   the Communities * needs for products of this type .                        \
5. Method of calculation : -
   - N° of CCT         :      ex 44.15
   - Quota
     Quota volume
           volume      :      700,000 #r 1
   - Quota duty rate   :      0%
   - Duty rate CCT     ï      13%
6. Loss of receipts :    17,120,740 EUA