CELEX: 51976PC0538
Language: en
Date: 1976-10-15
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for newsprint falling within subheading No 48.01 A of the Common Customs Tariff (1977) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 538
Vol. 1976/0165
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(76)538 final.
                                              Brussels . 15 October 1976 .
                                                                           ι
                        \    /
                                          /
                                Proposal for a
                     REGULATION (EEC ) OF THE COUNCIL
             on the opening, allocation and administration of
              a Community tariff quota for newsprint falling
             within subheading No 48.0 1 A of the Common Cus­
                               toms Tariff ( 1977 )
               ( submitted to the Council "by the Commission)
 COM (7 6) 538 final
 ---pagebreak---                                    KAPLAÏ\TATORY IC^'IO^ITOUIVI
    1 . At the last multinational CATT negotiations , the Community
   undertook: to opon annually a nil duty Community tariff quota for
1 500 000 motrio tons of newsprint falling within subheading No 48*01 A
   of the Common Customs Tariff .
   Furthermore , the Community informed the Hordio delegation ( text Nord 4
   of document NCG(67 )<-/! 1- rev. ) that it had decided to open a nil duty
   tariff quota each year under Artiole 23 of the Treaty of Rome if it
   were established that all possibilities of supply on the internal
   market of the Community had been exhausted during a given trading
   year and after having entirely used up the nil duty quota bound under
   GATT .
   Judging from market trends over tho pa3t few             years it is clear already
   that the 1^7 7 Community tariff quota must "be           greater than the 1 500 000
            metrio tons originally established .            This is why the Commission
   considers that it oen propose tho oponing of             a tariff quota for
   2 520 000 motrio tons . This amount is based on first estimates ,
   so' that a review of the situation during the course of tho year is
   naturally not exoluded . '
     2 . The tarifi quota is allocated in accordance with tho method which
     has normally been applied : allocation is based on past import figures
     and on estimates for tho quota year in question.
     Furthermore , in view of the size of the quota proposed from tho start ,
     tho Commission considers that it would be contrary tio the Community
     nature of this quota to divide it up into shares allocated definitively
     to all the Momber States . It therefore proposes a system of administration
    based on tho institution of a Community reserve limited to 4*25                 This
     system of allocation and administration was , moreover , unanimously
    approved by all tho Membor States at the time of the opening of the
    x j -.     ^ „              - and 1976
    tariff quota for 1975 / Further , the Member States , at the "Econoraio
                                                 / and 28
    Tariff Problems" Group meeting on 27 April 197^i unanimously agreed that
    this system should be continued for 197
 ---pagebreak---                                  P ropos al for a
                        r^ur^TioiT (esc ) of the council
      on the opening, allocation and. administration of a Community tariff
     quota for newsprint falling within subheading Ko 43 . 01 A of the
      Common Customs Tariff
                                   ( 1S77)
 THE C0U1ICIL 0? TES EUBOPEAiT COMUiTITIES ,
 Having regard to the Treaty establishing the European Economic
 Community , and in particular Articles 113 and 28 thereof ;
 Having regard to tho proposal from tho Coirmiofiion ;
 Whereas tho European Economic Community has undertaken to open an
 annual nil duty Community tariff quota of 1 $00 000 metrio tons of
newsprint falling within tariff subheading Kb 48 . 01 A ;
Whereas , in view of pre r; ent production capacity within the Community ,
 that quantity is insufficient to moot foreseeable import requirements ;
whoroan provision should therefore bo mads for an autonomous
 supplementary quota which s having regard to tho estimates submitted ,
may be fixed at present at 1 020 000 metric tons ; whereas the fact
that this figure has "been adopted for the autonomous supplementary
quota docs not exolude tho possibility of readjustment during tho quota
poriod ; whereas a Community tariff quota should thorofore bo opened for
1>7 ^ for a total quantity of 2 520 000 metric tons of newsprint ;
Whereas equal and continuous access to tho quota should bo ensured for
all Community importers and the rate of duty for tho tariff quota
should bo applied consistently to all imports on tho product in
question until the quota is exhausted ; whereas in the light of these
principles , arrangements for the utilization of tho Community tariff
quota based on an allocation among Member States would seem to bo
consistent with the Community nature of tho quota; whereas , in order
that it may correspond as closely as possible to the actual trend of
market in the product in question , allocation of the quota should be in
proportion to the requirements of the Member States as calculated by
reference to statistics of imports from third countries during a
representative roforonce poriod and to tho economic outlook for tho quota
period in question ;
 ---pagebreak---                                           -2-
Whereas , for the last throe yoarr. for whica               1 -;i-^ olcs ar
available , iha imports of each . of                               ruprc'3C,n "0d ^
following percentages of total import                                 ~n ^UOo, ,"fc0a
                                                                im           1974       1225
                                                               12.13         14 « 04   14,06
     ~;sno.iux
                                                                               4.39     5 . 23
     r-eMiaai'iC
                                                                6 .>2
                                                                             25-78     27.05
                                                               27.04-
      Geriaony
                                                                 S .4 6       13 .46   11.86
     France
                                                                               o . 12   2.02
                                                                 0
      Irelam
                                                                 0.32          0»42     0 = 50
      Italy
                                                                              39.29    39.28
                                                               14.08 -
      United Kingdoffi
 !teroa3 , 1a o/'dar to evalu^a those ^atic-tics proporly, however, ^
 acccaiit must l=o token of the fact that tb.o oponiiv of a Comity J
 quota for th« enlarppd Cc^y.,iity *ay alter W patted of trade of
 Kcnfbor 3t?,toa v/:.tii third countrice ", whore.:,;; (      viov o ,. tho
  of the nxpoctaa evolution ci the- aiai-ko * vs. nc>YH.£vu*t, *u
  of oroclao't ior ;.n particular , the ,i,x:r:y'u trrr.^.M- ^ t-j^ 1^7 ?            -
  V allocatoli aprivxiso'^ly         tr.o follovrin - porcc;:7ia,p^.
                                         13.2c
       EoneJ.ux
       Lenrnr,rk                           6,t2
                                         29.36
       G -2 rans y
       Fronça
                                           2 „ 0:
       Iro ? aad
       Italy                               °' C4
       United . Xiïlsdoni                37 „,7G,,
 ---pagebreak---   Whereas , to take account of future import trends for the product
  concerned, the quota should "be divided into two tranches , the first
 "being allocated among the Member States and the second held as a
 reserve to cover subsequently the requirements of Member States which
 have exhaxisted their initial shares ; whereas , to give importers some
 degree of certainty, while still enabling Community production to bo
 disposed of on satisfactory terms , the first tranche of the quota
 Bhould be fixed at about 96 $ of the full amount ;
Whereas Member States may exhaust their initial shares' at different
 rates ; whereas to avoid disruption of supplies on this account it
 cnould be provided that any Member State which has almost used up
it3 initial share should draw an additional silage from the reserve ;
whereas each time its additional share is almost exhausted a Member
Stcte should draw a furthor chare , and so on as many times a3 the
reserve allows ; whereas the initial and additional shares should be
valid until the end of the quota period; whereas this form of
administration requires olose collaboration betwoen the Member States
and the Commission, and the Commission must be in a position to keep
account of the extent to which the quota has been used up and to
inform the Member States' accordingly;
 ---pagebreak---                                       wtA.mm
 Whereas if at a given date in tho quota period a considerable quantity
 of a Member State 's initial share remair. : unused it is essential , to
 prevent a part of the Community tariff 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 ;
Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands
 and the C-rand Duchy of Luxembourg are united within . and jointly
 represented by the Benelux Economic Union , any transaction in respect
 of the administration of the shares allocated to that Economio Union
may be carried out by any one of its members ;
HAS . ADOPTED THIS REGULATION :                                     •
                                  Article 1
1 • Tnere shall bo opened within the Community for the period 1 January
to 31 December 1 97       rospect of newsprint falling within
subheading No 43-01 A of the Common Customs Tariff , a Community tariff
quota of 2 520 000 metri'o tons .
2 . Imports 'of the product in question shall not be counted under
this tariff' quota if they are already free of customs duties under
other preferential tariff treatment '.." /j.: ^                           .
    1 ;*        ••                                 • ■
3 . The Common Customs Tariff duty shall bo totally suspended in
rospeot of importations under the above quota .
4 - Now Member States shall apply in respect of importations within the
quota duties calculated in accordance with the relevant provisions of
the Act of Aocession .
 ---pagebreak---                                        -5-
                                      Article 2
\ . The Community tariff quota provided for in Article 1 shall be
divided into two tranches .
                     "*        2 411 000
2 . A first tranche of f~ metric tons shall "be allooated among th© _ .
ilbj'ocr States . The shares , which subject to Article 5 shall "bo valid
until 31 December 197 ?» shall be as follows :
      Borxolvûu                   320 000 .ÏÏIG *CX,XC "toïis
      Denmark                     145   000 metric tons
      Germany            ■        720 000 metric tons
      Franco                      267   000 metric tons
       Ireland                     49   000 metric tons
       Italy                          1 000 metric tons
       United Kingdom             909 000 metric tons
 3 . The second tranche , of 109 000 tons , shall constitute a .reserve .
                                     Article 3
 1 . As soon as a Member State has used SOyi or more of its initia
 share as fixed in Article 2(2 ), or of that share minus any portion
 returned to the reserve pursuant to Artiole 3 , ^ shall forthwith, by
 notifying the Commission, draw a second share , to the extent tha * the
 reserve GO permits , equal to 15/<>           initial share , rounded up AS , ^
 necessary to tho next whole number .
 2 . As soon as a Member State , after exhausting its initial share ,
 has used $0$ or more of the sooond share drawn by it , that Member State
  shall forthwith, in tho manner und to the extent provided in paragraph
  1 , draw a third share equal to 7*5$ of its initial share .
 ---pagebreak---  3.    As soon as a Member State , after xhaurr^.r            its second share , has
used $0fo or more of the third share              r. ":,y it , that Member State .
 shall , in the manner and to the extent provided in paragraph 1 , draw
a fourth share equal to the third .
It shall continue in this fashion until the reserve is exhausted .
4 . By way of derogation from paragraphs 1 to 3 , a Member State may
draw shares lower than those specified in those paragraphs if there
are grounds for "believing that those specified may not "be used in full .
Any Member State applying this paragraph shall inform the Commission .
of its grounds for so doing.
                                           Article 4
Additional shares dram pursuant to Article 3 shall be valid until
31 December '1 97 7.
                                           Article *5
i'.-vs i'joi.ner titf/bon sh.-O.l return to the reserve , not l.V,, or th.vi
1 Octo'ior 1977, the uiiaso-l portion of their initial share which , -
on 15 Soptefjoor ? 7, ir? in oxceun of 20 f of the initial njnount .
"'10.7 nay rot.urn n /yrocber portion if there are croundc for
brlievin;; fchftt fjuch portion nrw not bo UBGCI in full .
Member States shall , not later than 1 < October 1$?7 , notify the Commission
of the total quantities of tho produot in question imported up to and
inoluding 15 September 157 7 and charged against the Community quota and
of any portion of their initial shares returned to the res'erve .
 ---pagebreak---                                             -7-
                                       Article o
 The Commission shall keep an account of tne shares opened "by the wember
 States pursuant to Articles 2 and 3 and shall , as soon as the information,
reaches it , inform each State of the extent to x;hich the reserve has
I:"-1 on used up .
It shall , not later than      5 October 1977 , inform the Kember States of
the amount still in reservo following any return of shares pursuant to
Article 5 »
It shall ensure that when an amount exhausting the reserve is dram
the S-TT.C ~rvt so drawn does not exceed the "balance available , and to this
end ahs-ll notify the amount of that "balance to the Member State nauring
                                      •L*~T1C-_L'3 ~
 1.     ii/very Member Stato shall ta!ce all appropriate moasuros to ensure
 that additional chares drawn pursuant to Artiolo 3 are opened in suoh
 a way that importations may be charged without interruption against
 its accumulated share of the Community quota .
 2.     Every Member Stato shall ensure that importers of the product in
question established in its territory have free access to the shares
 allocated to it .
 3 . The extent to which a Member State has used up its share shall
be determined on the basis of the importations of the product in
question entered with the customs authorities for home uso .
                                      Article 8
 On rcooipt of a request from the Commission the Member States shall notify
 it of the importations charged against its share .
 ---pagebreak---                                   Article 9
                                  ■ J .J l L ... J_. J. I I J               ,
The Member States and the Comnissioi - shall cooperate closely to ensure
that the provisions of tho preceding '-rfciciiis are complied with *          .
                                  Article 10
This Regulation shall onter into force on 1 January 1 $7? •
This Regulation shall "be "binding in its entirety and dirootly applioahlo
in all Member States ,
Done at Brussels .
                                                              For the Council
                                                                The President