CELEX: 31975R2886
Language: en
Date: 1975-10-29 00:00:00
Title: Regulation (EEC) No 2886/75 of the Council of 29 October 1975 opening, allocating and providing for the administration of a Community tariff quota for newsprint, falling within subheading 48.01 A of the Common Customs Tariff (1976), and extending temporarily this quota to include certain other types of paper

No L 292/30                       Official Journal of the European Communities                              12. 11.75
                             REGULATION (EEC) No 2886/75 OF THE COUNCIL
                                                of 29 October 1975
             opening, allocating and providing for the administration of a Community tariff quota
             for newsprint, falling within subheading 48.01 A of the Common Customs Tariff (1976),
                   and extending temporarily this quota to include certain other types of paper
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                    closely as possible to the actual trend of the 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
Having regard to the Treaty establishing the                 on imports from third countries during a represen­
European Economic Community, and in particular               tative reference period and to the economic outlook
Articles 28 and 113 thereof;
                                                             for the year covered by the quota in question;
Having regard to the proposal from the Commission ;          Whereas, for the last three years for which complete
                                                             statistics are available ; the imports of each of the
                                                             Member States amounted to the following percent­
Whereas the Community has undertaken to open                  ages of total imports of the products in question :
an annual duty-free Community tariff quota of
1500,000 metric tons of newsprint falling within                                           1972    1973       1974
subheading 48.01 A ;
                                                             Benelux                      11-53    12-18     14-04
                                                             Denmark                        7-02    6-92       4-89
Whereas, in view of present Community production             Germany                      26-65    27-04     25-78
capacity, that quantity is insufficient to meet              France                         7-64    9-46     13-46
anticipated import requirements ; whereas provision          Ireland                        1-95    0          2-12
should therefore     be  made    for   an  autonomous
supplementary quota which, according to the                  Italy                          0-06    0-32       0-42
estimates submitted, may be fixed at present at              United Kingdom               45-15    44-08     39-29 ;
750 000 metric tons ; whereas the fact that this figure
has been adopted for the autonomous supplementary
quota does not rule out a readjustment during the            Whereas, in order to arrive at a proper assessment
                                                             of those statistics, however, it should be borne in
quota period ; whereas a Community tariff quota
should therefore be opened for 1976 for a total              mind that the opening of a Community tariff quota
quantity of 2 250 000 metric tons of the product in           for the enlarged Community may alter the pattern of
                                                              trade of Member States with third countries ; whereas,
question ;                                                   in view of the above and of the foreseeable trend on
                                                              the market in newsprint, in general, and of
                                                              production in particular during 1976 the quota may
Whereas provision should be made, for a new period            be allocated approximately in the following
running from 1 January to 30 June 1976, for                   percentages :
extending the tariff quota in question to include
certain types of paper fulfilling all the conditions                  Benelux                            14-48
set out in the Additional Note to Chapter 48 except                   Denmark                             7-71
those relating to watermarks;
                                                                      Germany                            32-23
                                                                      France                             12-14
Whereas equal and continuous access to the quota                      Ireland                             0-70
should be ensured for all Community importers and                     Italy                               0-04
the rate of duty for the tariff quota should be applied
without interruption to all imports of the product in                 United Kingdom                     32-70 ;
question until the quota is exhausted ; whereas in the
light of these principles, arrangements for the               Whereas, to take account of import trends for the
utilization of the Community tariff quota based on           product concerned, the quota should be divided into
an allocation among Member States would seem to              two tranches, the first being allocated among the
be consistent with the Community nature of the               Member States and the second held as a reserve to
quota ; whereas, in order that it may correspond as          cover subsequently the requirements of Member
 ---pagebreak--- 12. 11.75                           Official Journal of the European Communities                          No L 292/31
States which have exhausted their initial shares ;             in the Additional Note to Chapter 48, except as
whereas, to give importers some degree of certainty            regards the criteria governing watermarks.
and yet enable Community production to be disposed
 of on satisfactory terms, the first tranche of the            3 . Imports of newsprint shall not be charged against
 quota should be fixed at about 95% of the full                this tariff quota if they are already free of customs
 amount ;                                                      duties under other preferential tariff treatment.
                                                               Furthermore imports of any other paper referred to
Whereas Member States may exhaust their initial                in paragraph 2 enjoying duty-free exemption under
shares at different rates; whereas to provide for this         the said tariff quota shall not be charged against
eventuality and avoid disruption of supplies any               the indicative ceilings fixed under certain free-trade
Member State which has almost used up its initial              agreements .
share should draw an additional share from the
reserve ; whereas each time its additional share is            4. The Common Customs Tariff duty shall be
almost exhausted a Member State should draw a                  totally suspended within the limits of the above
further share, and so on as many times as the reserve          quota .
allows ; whereas the initial and additional shares
should be valid until the end of the quota period ;            5 . New Member States shall apply duties calculated
whereas this form of administration requires close             in accordance with the relevant provisions of the
collaboration between the Member States and the                Act of Accession to imports within the limits of the
Commission, which latter must be in a position to              above quota.
keep account of the extent to which the quota has
been used up and to inform the Member States
 accordingly;                                                                           Article 2
Whereas if at a given date in the quota period a               1 . The Community tariff quota referred to in
considerable quantity of a Member State's initial              Article 1 shall be divided into two tranches .
share remains unused it is essential, to prevent a
part of the Community tariff quota from remaining              2. A first tranche of 2 141 000 metric tons shall be
unused in one Member State while it could be used              allocated among the Member States. Member States
in others, that such State should return a significant         shares, which subject to Article 5 shall be valid from
proportion thereof to the reserve ;                            1 January until 31 December 1976, shall be as
                                                               follows :
Whereas, since the Kingdom of Belgium, the Kingdom                                                   in metric tons
of the Netherlands and the Grand Duchy of                              Benelux                          310 000
 Luxembourg are united within and jointly represented
                                                                       Denmark                          165 000
by the Benelux Economic Union, any transaction in
respect of the administration of the shares allocated                  Germany                          690 000
to that Economic Union may be carried out by any                       France                           260 000
 one of its members,                                                   Ireland                           15 000
                                                                       Italy                              1000
                                                                       United Kingdom                   700 000 ;
HAS ADOPTED THIS REGULATION :
                                                              3 . The second tranche, of 109 000 metric tons, shall
                                                               constitute the reserve.
                         Article 1
                                                                                        Article 3
1 . During the period 1 January to 31 December
1976, a Community tariff quota of 2 250 000 metric
tons shall be opened in respect of newsprint falling           1 . If 90% or more of a Member State's initial share
within subheading 48.01 A (1 ) of the Common                   as fixed in Article 2 (2), or of that share minus the
Customs Tariff.                                               portion returned to the reserve where Article 5 has
                                                              been applied, has been used up, it shall forthwith, by
                                                              notifying the Commission, draw a second share, to
2. Until 30 June 1976, Member States may charge               the extent that the reserve so permits, equal to 10%
against this tariff quota the other types of paper            of its initial share, rounded up as necessary to the
complying with the definition of newsprint contained          next whole number.
                                                              2. If, after its initial share has been exhausted, 90%
( ) Entry under this subheading is subject to conditions       or more of the second share drawn by a Member
    to be determined by the competent authorities.            State has been used up, that Member State shall, in
 ---pagebreak--- No L 292/32                         Official Journal of the European Communities                                12. 11.75
the manner and to the extent provided in paragraph              It shall inform the Member States, not later than
1, draw a third share equal to 5% of its initial share.         5 October 1976, of the amount still in reserve after
                                                                amounts have been returned thereto pursuant to
3 . If, after its second share has been exhausted, 90%          Article 5 .
or more of the third share drawn by a Member State              It shall ensure that when a quantity exhausting the
has been used up, that Member State shall, in the               reserve is drawn, the amount so drawn does not
manner and to the extent provided in paragraph 1,               exceed the balance available, and to this end shall
draw a fourth share equal to the third.                         notify the amount of that balance to the Member
                                                                State making the last drawing.
This procedure shall apply until the reserve is
exhausted .                                                                             Article 7
                                                  ?
4. Notwithstanding paragraphs 1 , 2 and 3 , Member            • 1 . Member States shall take all appropriate measures
States may draw lesser shares than those specified in           to ensure that additional shares drawn pursuant to
those paragraphs if there are grounds for believing             Article 3 are opened in such a way that imports may
that those specified may not be used in full. They              be charged without interruption against their
shall inform the Commission of their reasons for                accumulated share of the Community quota.
applying this provision.                                        2. Member States shall take all measures necessary
                                                                to ensure that the types of paper referred to in
                         Article 4                              Article 1 (2) included in this tariff quota are in fact
                                                                intended for the printing of newspapers, weekly
Additional shares drawn pursuant to Article 3 shall             papers or other periodicals of heading No 49.02,
be valid until 31 December 1976.                                published at least ten times per year.
                         Article 5
                                                                3 . Member States shall ensure that importers of the
                                                                products in question established in their territory
                                                                have free access to the shares allocated to it.
The Member States shall return to the reserve, not
later than 1 October 1976, the unused portion of                4. The extent to which a Member State has used up
their initial share which, on 15 September 1976, is             its shares shall be determined on the basis of imports
in excess of 20% of the initial amount. They may                of the products in question entered with the customs
return a greater portion if there are grounds for               authorities for home use.
believing that such portion may not be used in full.
                                                                                        Article 8
Member States shall , not later than 1 October 1976,
notify the Commission of the total quantities of the            On receipt of a request from the Commission the
products in question imported up to and including               Member States shall notify it of the importations
15 September 1976 and charged against the                       charged against its share.
Community tariff quota and of any portion of their
initial shares returned to the reserve.                                                 Article 9
                                                                Member States and the Commission shall cooperate
                         Article 6                              closely to ensure that this Regulation is complied
                                                                with.
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles                                        Article 10
2 and 3 and shall, as soon as it has been notified,
inform each Member State of the extent to which                 This Regulation shall enter into force on 1 January
the reserve has been used up.                                   1976 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Luxembourg, 29 October 1975.
                                                                                   For the Council
                                                                                    The President
                                                                                     G. MARCORA