CELEX: 51974PC1073
Language: en
Date: 1974-07-11
Title: DRAFT REGULATION (EEC) OF THE COUNCIL increasing the Community tariff quota opened for 1974 by Regulation (EEC) No 3593/73 of 28 December 1973 for certain plywoods of coniferous species falling within heading No ex 44.15 the Common Customs Tariff

ARCHIVES HISTORIQUES
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DOCUMENTS "COM"
COM (74) 1073
Vol. 1974/0176
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 ---pagebreak--- COMMISSION OI THE EUSLGH1AN OOMMUNIZIBS
                                                      COM(74 ) 1073 Final
                                                      Brussels , 11 July 1974
                                        DRAFT
                         REGULATION ( EEC ) OP THE COUNCIL
   indreasing the Community tariff quota opened for 1974 by Regulation
       ( ESC ) It O 3593/73 of 28 December 1973 for certain plywoods of
         coniferous species falling within heading No ex 44.15
                             the Common. Customs Tariff
                   ( submitted to the Council by the Commission )
    0011(74 ) 1073 Final
 ---pagebreak---                            KIPL/JJATOHT îiniIOR/JHT T¥
 1 . A duty free Community tariff quota , the amount of which has "been
fixed at an initial level of 5^0 000 cubic metres , was opened for 1974
for certain plywoods of coniferous species falling within heading No
ex 44*15 of the Common Customs Tariff "by Counoil Regulation ( EEC )
No 3593/73 of 28 December 1973 ( OJ No L 365 , p.4 )«
It emerged at a meeting of the Working Party on "Tariff Economy" held
on 31 I'fry 1974 that the above mentioned quota will not cover total
Community import requirements of the products concerned from third countries .
It was decided therefore to increase the quota "by an appropriate amount
and to constitute a Community reserve containing the same amount as the
increase .   Prom information supplied at the meeting it seemed appropriate
to fix the increase at 100 000 ' cubic metres .     The fact that the increase
has been fixed at this amount does not preclude the possibility of
its being adjusted again at a later date .
2.   The object of this Regulation is to provide for an increase of
100 000 cubic metres in the initial amount of the tariff quota , to set
up a Community reserve of the same amount and , as is customary in
the sxlmini strati on of tariff quotas , to oblige Member States which have
exhausted their initial sharos , to draw on the reserve and to return to
the reserve any unused portion in excess of the usual 20%,
 ---pagebreak---                                               \
                                       DRAFT
                  REGULATION" (EEC )       r OP THE COUNCIL
              increasing the Community tariff quota opened for ,
              1974 "by Regulation (EEC ) No 3593/73 of 28 December
              1973 for certain plywoods of coniferous species
              falling within heading No ex 44*15 of "the Common
              Customs Tariff .
                                                                   I
THE! COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
 and in particular Article 28 thereof ;
Having regard to the draft Regulation submitted by the Commission ;
Whereas , for eertain plywoods of coniferous species falling within heading
No ex 44*15 of the Common Customs Tariff , a duty free Community tariff
 quota , the amount of which has "been fixed at an initial level of
 500 000 cubio metres , has "been opened and allocated among the Member
 States by Regulation (EEC ) No 3593/73 of 28     December 1973J
"Whereas the economic data relative to the
 consumption and production of these products do not yet permit
 Community requirements of imports from non-member countries to be evaluated
with absolute '.certainty ; wwhereas it appears that certain Member States
have additional requirements which cannot be met by Community production ;
whereas the tariff quota concerned should therefore be increased by an
                                         /
 appropriate amount , approximately 100 000 cubic metres ;
 ---pagebreak---                                         -2-
  Whereas , "to take account of future import trends for the . products concerned
  owing to the uncertainty of the additional requirements of Member States ,
  a Community reserve consisting of the proposed increase should he set up ;
  Whereas the initial shares allocated to Member States may be exhausted at
  different rates ;    whereas to avoid disruption of supplies on this account
  it should "be provided that any Member State which has almost used up its x
  initial share should draw an additional share from the reserve ;     whereas
  each time its additional share is almost exhausted a Member State should
  draw a further share , and so on as many times as the reserve allows ;
  ivhereas the initial and additional shares should "be valid until the end
  of the quota period ;   whereas this form of administration requires close
  collaboration between the Member States and the Commission , and the
  Commission must "be in a position to keep account of the extent to which
  the quotas have been used up and to inform the Member States accordingly ;
  Whereas if at a given date in the quota period a considerable quantity of
. a Member State 's initial share remains unused it is essential , to prevent
  a part of a quota from remaining unused in one Member State while it
  could be used in others , that such State should return a significant
  proportion thereof to the reserve ;;
                                                            \
  RAS ADOPTED THIS REGULATION :
                                    Article  1
  1•  The volume of 500 000 cubic metres of the Community tariff quota
  opened for certain plywoods of ooniferous species falling within heading
  No ex 44*15 of the Common Customs Tariff by Regulation ( EEC ) No
  3593/73 of 28 December 1 9T3 , is hereby increased by 100 000 cubic metres
  to 600 000 cubic metres .
 ---pagebreak---                                        -3-
2.   This increase of 100 000 cubic metres shall constitute a Community
reserve .
                                   Article   2
1 . As soon as a Member State has used 90$ or more of its                share as
fixed in Article 2 of Regulation (EEC ) Ho 3593/73 » that share minus any
portion returned to the reserve pursuant to Article 4 * it shall forthwith ,
tor notifying the Commission, draw a second share , to the extent that the
reserve so permits equal to 10% of its initial share rounded up as
necessary to the next -whole number .
2.   As soon as a Momber State , after    exhausting its initial share , has
used 90$ or more of the second share drawn by it , that Member State shall
fortlv.rith , in the manner and to the extent provided in paragraph 1 , draw
a third share equal to 5$ of its initial share .
3.   As soon as a Member State , after exhausting; its second share , has
vised JOfo. or more of the third share drawn by it , that Member State shall in
the manner and to the . extent provided in paragraph 1 , draw a fourth share
equal to the third .         .
                                                                 \
It shall continue in this fashion until the reserve is exhausted .
4»   Ejy wa.y of derogation from paragraphs 1 , 2 , and 3 , the Member States may
draw share ** lower than those specified in those paragraphs if there are
grounds for oslieving that those specified may not be used in full .
Any Member State applying this paragraph shall inform the Commission of
its grounds for "so doing .
 ---pagebreak---                                       - if-
                                  Article 3
Additional shares drawn pursuant to Article 2 shall be valid until
31 December 1974 «
                                  Article    4
Any Member State which on 15 September 1974 has not exhausted its
share allocated pursuant to Article 2 of Regulation (EEC ) Ho 3593/73 shall ,
not later than 10 October 1974 » return to the reserve the unused portion
in excess of 20$ of the initial amount .    It may return a greater portion
if there are grounds for believing that such portion may not be used in full .
Member States shall , not later than 10 October 1974 > notify the Commission
of the total quantities of the products in question imported up to and
including 15 September 1974 and charged against the Community quota and
of any portion - of their        shares returned to the reserve .   :
                                  Article    5
The Commission shall keep an account of the shares opened by the Member
States pursuant to Article 2 of Regulation (EEC ) No 3593/73 and Article 2
of this Regulation and shall , as soon as the information reaches it , inform
each State of the extent to which the reserves have been .used up .    It shall ,
not later than 15 October 1974 » inform the Member State of the amounts still
in reserve following any return of shares pursuant to Article 4 «
 ---pagebreak---                                         -5-
It shall ensure that wnen an amount exhausting the reserve is drawn the
amount so drawn does not exceed the balance available , and to this end shall
notify the amount of that balance to the Member State making the lrst
drawing .
                                 Art i cl q 6
1.   Every Member State shall take all appropriate measures to ensure that
additional shares drawn pursuant to Article 2 are opened, in such a way that
importations may be charged without interruption against its
accumulated share of the relevant Community quota..
2 . The administration of the additional shares shall be carried out in accordance
with the provisions of Article 3 of Re"alatiou ( H3C ) Ho 3593 ^73 » referred to above .
                                 Article 7
This Regulation shall enter into force on the seventh dry followiiig its
publication in the Official Journal of the Luropean Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Donc at Brussels ,                                  T,  ,,  n
                 '                                  For the Council ,
                                                    The Président