CELEX: 51983PC0391
Language: en
Date: 1983-06-23
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for certain plywoods of coniferous species falling within heading No ex 44.15 of the Common Customs Tariff (1984) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 391
Vol. 1983/0148
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(83) 391 final
                                               Brussels, 23 June 1983
                                     Proposal for a
                                COUNCIL REGULATION (EEC)
             opening, allocating and providing for the administration of a
           Community tariff quota for certain plywoods of coniferous species
                       falling within heading No ex 44.15 of the
                              Common Customs Tariff (1984)
                      (submitted to the Council by the Commission)
COM(83) 391 final
 ---pagebreak---                        E X PLA N A TO R Y M EM ORANDUM
1.  At the last GATT negociations the Community undertook to open, for
    certain coniferous plywood, as listed below, of heading ex 44.15 of the
    Common Customs Tariff, a Community tariff quota at zero duty of a total
    volume of 600,000 cubis metres.
    Plywood of coniferous species, without the addition of other substances
    - of thickness greater than 8.5 mm, the faces of which are not further
    prepared thant the peeling process, or
    - sanded, and of a thickness greater than 18.5 mm.
    In addition Protocol No 11 to the Act concerning the Conditions of
     Accession and the Adjustments to the Treaties and the bilateral exchange
     of letters undertaken at the start of the GATT negotiations foresee the
     Community opening autonomous Community tariff quotas at zero duty for
     these products at volumes to be decided for each year when it is
     established that all possibilities of supply on the intended market of the
     Community will be exhausted during the period for which the quotas are
     open.
 2.    This proposed Regulation concerns the Community tariff quotas in question
      to be opened on 1 January 1984 and allocated among Member States.
      The application of Protocol No 11 was dealt with at advisory meetings of
      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 faet    somewhat  limited  although  inereasing
       considerably, and on the basis of estimated submitted by the Member
       States, the tariff quotas in question could yet be grouped under a single
       quota.
       The quota volume to be opened for 1984 was discussed by the "Economic
       Tariff Questions" group on 20 April 1983. It became clear from the
       discussion that :
 ---pagebreak--- a)  third country import requirements estim ated by Member States in the
    region of one million m3 for 1984 ; at the same time effective use made of
    quotas in the last years was only 768 000 m3 in 1979 (on a quota of 810 000
    m3), 687 500 m3 in 1980 (on a quota of 700 000 m3) and 600 000 m3 in 1981
    and 1982 (on a quota of the same volume).
    Neither a growth in consumption nor the present economic situtation in the
    construction sector justify the proposed increase ;
b)  as stated by the producing Member States, there is a risk that supplies to
    be obtained on the Community internal market may not be used up in 1983,
    which may make it difficult to open the autonomous quota envisaged by
     Protocol No 11 of the Act of Accession ;
3.   Generally, the Commission considers that, taking account of the uncertain
     level of consumption and the need for parallel growth in Community
     production and supplies on favourable term s to user industries, great care
     should be taken in fixing the quota volume, so as not to endanger the
     market balance.
     It has therefore been decided to limit the initital quota for 1984 to the
     GATT Consolidated volume of 600 000 m3, and to review the situtation, if
     necessary, during the year.
 4.  The method of administration proposed is the same as that usually adopted
      for autonomous Community tariff quotas and consists basically of the
      following :
      - the setting up of a reserve of 5 000 cubic metres;
      - the allocation of the first tranche in proportion to the needs expressed by
      Member States and in accordance with the effective utilisation of the
      quotas opened for the last three years;
      - the charging of imports against Member States' shares as and when the
      products are entered with the customs authorities for free circulation.
 ---pagebreak---                                           Proposal for a
                                     COUNCIL REGULATION (EEC)
              opening, allocating and providing for the administration of a Community tariff quota for
              certain plywoods of conifcrous species, falling within heading No ex 44.15 of the
                                           Common Customs Tariff ( 1984)
TH E COUNCIL OF TH E EUROPEAN                                reserve; whereas, each time its additional share is
COMMUNITIES,                                                 almost used up, a Member State should draw an
                                                             additional share, and so on as many times as the
Having regard to the Treaty establishing the                 reserve allows; whereas the initial and additional
European Economic Community, and in particular               shares should be valid until the end of the quota
Article 113 thereof,                                          period; whereas this form of administration requires
                                                              close collaboration between Member States and the
Having regarcl to the proposal from the Commission,           Commission, which latter must, in particular be able
                                                              to keep a record of the extent to which the quota has
                                                              been used up and to inform the Member States
Whereas the Community has undertaken to open an
                                                              accordingly;
annual Community tariff quota of at least 600 000 m5
for certain plywoods of coniferous species, falling
within heading No ex 44.15 of the Common Customs              Whereas if, at a given date in the quota period, a
Tariff; whereas, under Protocol 11 to the Act of              considerable quantity of a Member State’s initial
Accession (*), the Community is required to open              share remains unused, it is essentiai that that Member
each year autonomous nil duty Community tariff                 State should return a significant proportion to the
quotas for the same products the volume thereof to            reserve, so as to avoid a part of the quota remaining
be decided annually when it is established that all           unused in one Member State when it could be used in
possibilities of supply on the intemal market of the           others;
Community have been exhausted during the period
for which the quotas are open; whereas the condition           Whereas, since the Kingdom of Belgium, the
 laid down by the said Protocol does not seem to be            Kingdom of the Netherlands and the Grand Duchy
 met at the moment; whereas, in these circumstances,           of Luxembourg are United within and jointly
 it is appropriate to limit oneself in the first stage to      represented by the Benelux Economic Union, any
 the contractual volume of 600 000 m’; whereas the             measure conceming the administration of the shares
 fixing of the quota volume at this level does not             allocated to that economic union may be carried out
 exclude moreover recourse to the provisions of the            by any one of its members,
 abovementioned Protocol 11 during the quota period;
                                                               HAS ADOPTED THIS REGULATION:
 Whereas, to take more precise account of future
 trends in imports of the products concerned, the                                       A r tic le 1
  quota should be divided into two tranches, the first
  being allocated among all the Member States and the        ■ 1. During the period I January to 31 December
  second held as a reserve to cover the subsequent              1984, a Community tariff quota of 600 000 m5 shall
  requirements of .Member States which have exhausted           be opened for the following products falling within
  their initial shares; whereas, in order to offer              heading No ex 44.15 of the Common Customs Tariff:
  importers some degree of security, the first tranche of       (a) plywood of coniferous species, without the
  the quota should be fixed at a relatively high level, or           addition of other substances, of a thickness
  about 99 % of its full amount; whereas, on the basis               greater than 8 ■ 5 mm, the faces of which are not
  of Member States’ estimates for their needs, the initial           further prepared than the peeling process;
  shares may be fixed as set out in Article 2;
                                                                (b) plywood of coniferous species, without the
  Whereas Member States may use up their initial                     addition of other substances, sanded, and of a
   shares at different rates; whereas, to provide for this           thickness greater than 18-5 mm.
   eventuality and to avoid disruption of supplies, any
   Member State which has almost used up its initial             2.    Imports of the products in question may not be
                                                                 charged against this tariff quota if they are al r: ady
   share should draw an additional share from the
                                                                 free of customs duties under other preferentiai tariff
                                                                 arrangements.
                                                                 3. The Common Customs Tariff duty shall be
   (') OJ No L 73, 27. 3. 1972, p. 170.                          totally suspended within the limits of the above quota.
 ---pagebreak---                                                          - 2 -
Within the limits of this tariff quota, Greece shall     shall inform the Commission of their reasons for
apply duties calculaied in accordance with the           applying this paragraph.
relevant provisions set out in the 1979 Act of
Accession.
                                                                                 A r tic le 4
                                                         Additional shares drawn pursuant to Article 3 shall be
                          A r tic le 2                   valid until 31 December 1984.
1. The tariff quota referred to in Article 1 (1) shall
be divided into two tranches.                                                     A r tic le 5
                                                         Member States shall return to the reserve, not later
2.     A first tranche of 595 000 m45 shall be allocated
                                                         than 1 October 1984, the unused portions of their
among the Member States; Member States’ shares
which, subject to Article 5, shall be valid until        initial shares which, on 15 September 1984, are in
                                                         excess of 20 % of the initial amounts. They may
31 December 1984, 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.
         Benelux                            154 000
         Denmark                             65 000      Member States shall notify the Commission, not later
         Germany                             94 000      than 1 October 198^+, of the total quantities of the
         Greece                                   50     products in question imported up to 15 September
         France                              11 000      198 4 and charged against the Community quota and
         Ireland                               8 950      of any portion of their initial shares returned to the
         Italy                               24 000       reserve.
         United Kingdom                     238 000
3.     The second tranche of 5 000 m5 shall constitute
the reserve.                                                                      A r tic le 6
                                                          The Commission shall keep an account of the shares
                                                          opened by the Member States pursuant to Articles 2
                           A .rticle 3                    and 3 and, as soon as it has been notified, shall
                                                          inform each State of the extent to which the reserve
 1.    If 90 % or more of a Member State’s initial        has been used up.
share as fixed in Article 2 (2), or of that share minus
 any portion returned to the reserve where Article 5
                                                          It shall inform the Member States, not later than
 has been applied has been used up, that Member
                                                          5 October 1984, of the amount still in reserve after
 State shall forthwith, by notifying the Commission,
                                                          ameunts have been returned thereto pursuant to
 draw a second share, to the extent that the reserve so
                                                          Article 5.
 permits, equal to 10 % of its initial share, rounded up
 as necessary to the next whole number.
                                                          It shall ensure that the drawing which exhausts the
                                                          reserve does not exceed the balance available and, to
 2.     If, after its initial share has been exhausted,
                                                          this end, shall notify the amount of that balance to
 90 % or more of the second share drawn by a
                                                          the Member State making the last drawing.
 Member State has been used up, that Member State
 shall, in the manner and to the extent provided in
 paragraph 1, draw a third share equal to 5 % of its
                                                                                   A r tic le 7
 initial share, rounded up as necessary to the next
 whole number.                                             1. Member States shall take all appropriate
                                                           measures to ensure that additional shares drawn
 3.     If, after its second share has been exhausted,     pursuant to Article 3 are opened in such a way that
 90 % or more of the third share drawn by a Member         imports may be charged without interruption against
 State has been used up, that Member State shall, in       their aggregate shares of the Community quota.
 the manner and to the extent provided in paragraph
 1, draw a fourth share equal to the third.                2.    Member States shall ensure that importers of the
 This procedure shall apply until the reserve is used      products in question,
 up.                                                       have free access to the shares allocated to them.
 4.     By way of derogation from paragraphs 1, 2 and      3.    Member States shall charge imports of the
 3, Member States may draw lesser shares than those        products in question against their shares as and when
 specified therein if there are grounds for believing      the products are entered with the cuistoms authorities
 that those specified may not be used in full. They        for free circulation.
 ---pagebreak---                                            - 3 -
4.   The extern to which a Member State has used                                    A rtic le 9
up its share shall be determined on the basis of
imports charged against that share in accordance with        Member States and the Commission shall cooperate
                                                             closely to ensure that this Regulation is complied
paragraph 3.
                                                             with.
                       A r tic le 8
                                                                                   A r tic le 1 0
At the Commission’s request, Member States shall
inform it of the imports actually charged against their      This Regulation shall enter into force on 1 January
shares.                                                      1984.
              This Regulation shall be'binding in its entirety and directly applicable in all Member
              Sutes.
              Done at Brussels,
                                                                                  F o r th e C o u n c il
                                                                                    T h e P resid en t