CELEX: 51982PC0222
Language: en
Date: 1982-04-27
Title: Draft of a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for yarn of poly (p-phenyleneterephthalamide for use in the manufacture of tyres, falling Within subheading ex 51.01 A of the Common Customs Tariff (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 222
Vol. 1982/0092
 ---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
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
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,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(82 ) 222 final
                                                Brussels - 27 April 1982
                  °       <-7 VA
               so         v
                     4           F ^J|
                 Cv '*       .   Fztl
                   ν \ · ; ·.<?
                                  Draft of a
                               COUNCIL REGULATION ( EEC )
      opening , allocating and providing for the administration of a
       Community tariff quota for yarn of poly ( p-phenyleneterephthalamide
       for use in the manufacture of tyres , falling Within subheading ex
      51.01 A of the Common Customs Tariff
               ( submitted to the Council by the Commission )
C0M(82 ) 222 final
 ---pagebreak---                             E XP L AN ATOR Y_ME MOR AN 0 UM
1 . Regulation ( EEC ) No 3497 / 81 of 3 December 1981 ( 1 ) opened , for the
     first half of 1982 , an autonomous Community tariff quota of 600
     tonnes at a duty-rate of 2% for yarn of poly(p-phenyleneterephta-
     lamide ) to be used in the manufacture of tyres .
2 . The possibility of opening a new quota for the second half of 1982
     was considered at a meeting of the " Economic Tariff Problems " group
     on 19 February 1982 .
     It appeared that a solution envisaging a quota on the same conditions ,
     with an identical amount shared among Member States prorata to their
     requirements could be accepted by all Member States .
     This is the object of the present draft regulation .
( 1 ) 0J No L 353 , 9.12.1981 , p. 7 .
 ---pagebreak---                                                        DRAFT OF A
                                   CPUNCiL REGULATION (SEC)
               opening, allocating and providing for the administration of a Community tariff
               quota for yarn of pqly (p-phenyleneterephthaiamide for use in the manufacture
               of tyres, falling witijin subheading ex 51.01 A of the Common Customs Tariff
THE COUNCIL OP THE EUROPEAN                                   whereas, however, since the quota is an autonomous
COMMUNITIES,                                                  Community tariff quota intended to cover import
                                                              neecis arising in the Community, for experimental
                                                              purposes, the quota volume may be allocated on' the
Having regard to the Treaty establishing the European         basis of the temporary import needs from third coun­
Economic Community, and in particular Article 28              tries evpressed by each of the Member States ; whereas
thereof,                                                      these arrangements for allocation will equally ensure
                                                              the uniform application of the Common Customs
                                                              Tariff ;
Having regard to the draft Regulation submitted by
the Commission.                                               Whereas, to take account of possible import trends for
                                                              the product concerned, the quota volume should be
                                                              divided into two tranches, the first being allocated
                                                              between certain Member States and the second held as
Whereas the production of yarn . of poly
(/>- phenyieneterephthalamidc is currently insufficient       a reserve to meet subsequent requirements of Member
in the Community to meet the requirements of the              States which have used Up their initial shares and any
user     industries   in    the   Community ;      whereas,   additional requirements which might arise in the
consequently. Community supplies of products of this          other Member Stater ; whereas, to give importers of
 type currently depend to a considerable extent on            the Member States some degree of certainty, the first
 imports from third countries ; whereas it is in the          tranche of the tariff quota should be fixed at a rela­
 Community's interest to partially suspend the                tively high level, which in this case could be 594
                                                              tonnes ;
 Common Customs Tariff d-ify (or the yarn in ques­
 tion, within the Community tariff quota, of an appro­
 priate volume for a relatively limited period ; svheieas
 in order not to bring ir>to question the development         Whffear; initial stares may be used up at different
 prospects of this production in due Community while          rates : whereas to avoid disruption or supplies on. this
 ensuring arj adequate supply to &arisfy user industries,     account it should be provided chat any Member State
 it is advisable to limit the benefits of tariff quotas       which has almost used up its initial share should draw
                                                              an additional share from the reserve ; whereas each
 solely to products for use: in the manufacture of tyres,
 to opers the QizocH fo;' ihe period I July                to time iis additional share is almost used up a Member
December 198 ^, and to fix the volume of this quota at        State should draw a further share, and so on as many
                                                              times as the reserve allows ; whereas the initial and
 a isvel of600 tonnes, corresponding f.o the needs for        additional shares should 1* valid until the end of the
 imports . totn thud -countsrtes during that period, arid
 to fix ih t quota        at 2 % ;                             quota period ; whereas this form o> administration
                                                               requires close collaboration between the Member
                                                               States and the Commission, which latter must be in a
                                                               position to keep account of . the extent to which the
  whereas equal end continuous access to the quota             quotes have been used up aad to inform the Member
 should be ensured for aii Community importers and             States accordingly ;
  the tate of duty "or the tariff quota should be applied
 consistently to «<i imports until the quota is
 exhausted ; whereas, in the light of these principles,        Whereas, if 9t a given, date in the quota period a
 arrangements for the utj??£ction of the tariff quota          considerable quantity of a Member Slate's initial share
  based on >n allocation among Member States would             remains unused, it is essential that that Member State
 seem to be consistent with the Community nature of            should return a significant proportion to the reserve,
  the quota ; whereas,- to correspond as closely as            iri order to prevent, a part of the Community quota
  possible to the actual trend in the market in the            remaining unused in one Member State while it could
  product in question, allocation of the quota should be       be used in others ; .
  in proportion to the requirements of the Member
  States ss calculated by reference to statistics of imports
   Torn third countries during a representative reference      Whcveas, since the Kingdom of Belgium, the
  period and to the economic outlook for the quota              Kingdom of the Netherlands, and the Grand Duchy
  period in question.                                           of Luxembourg are united within and joindy
 ---pagebreak---                                                             - 2 -
represented by the Benelux Economic Union, a«iy                  manner and so \ne extent provided in paragraph i .
measure concerning the adminisivaticm of the shares             araw a th.ci shsi:e equal tc2.5% oi its in&iu share
allocated to that economic union may be carried out              rounded up as o-;cessa/y co the next wboit aumbet.
by any one of its , members,
                                                                 3.     If a Member State, after exhausting its second
                                                                share, has used 90 % or more of the third share drawn
                                                                by it, that Member State shall, in the manner and to
HAS ADOPTED THIS REGULATION :                                    the extent provided in paragraph 1 , draw a fourth
                                                                 share equal to the third.
                        Article 1                               This process shall apply until the reserve is used up.
1 . From 1 Julyuntil 31 December 1982 the                       4. By way of derogation from paragraphs 1 to 3, a
Common Customs Tariff duty for yarns of poly                     Member State may draw shares lower than those speci­
$>-phenyleneterphthalamide) falling within sub­                  fied in those pafagraphs if there are grounds for
heading 51.01 A for use in the manufacture of tyres              believing jhst those specified may not be used in full.
shall be suspended at the level of 2 % within the                Any Member State applying this paragraph shall
framework of a Community tariff quota of Ann tonnes.             inform the Commission of its grounds for so doing.
                           this
2.     Within the limits of    ' thrift quota, Greece shall
apply customs duties calculated in accordance with                                         Article 4
the relevant provisions in the 1979 Act of Accession.
                                                                Additional shares drawn pursuant to Article 3 shall be
                                                                valid until 31 Deccj fiiberl982 ..
                        Article 2
l . A first tranche of 594tonnes of this Community                                         Article 5
tariff quota shall be allocated among certain Member
States ; the shares, which subject to Article 5 shall be
valid until - 1 December 1982 , shall be as follows :            Member States shall, not later than 15 November
                                                                 198 ^..return to the reserve the unused portion of their
                                             (tonnes)            initial share which, on lNovember I982^>s in excess
                                                                 of 20 % of the initial volume. They may return a
         Bénélux                            100                 greater portion if there are grounds for believing that
         Dcnmark                                1                it may not be used in full.
         Germany                              60
         Greece                                 1                Member States shall , not later than 15 November
         France                             340                  198 2 /lotity the Commission of the total quantities of
         Ireland                                >                the products in question imported up to 1 November
         Italy                                60                 1 9ft2 an<j charged against the Community quota and
         United Kingdom                       30                of' any portion of their initial shares returned to the
                                                                 reserve .
2.    The second tranche of      6 tonnes shall constitute
the reserve.
                                                                                           Article 6
                        Article 3                                The Commission shall keep an account of the shares
                                                                opend by the Member States pursuant to Aiiicles 2
 1.    If a Member State has used 90 % or more of its            and 3 and shall, as soon as the notifications reach it,
initial share as fixed in Article 2 {!), or of that share        inform each State of the extent to which the reserve
minus any portion returned to the reserve pursuant to            has been used up. It shall, not later than 20
Article 5 it shali forthwith , by notifying the Commis­       November         2 982 , inform the Member States of the
sion , draw a second share, to the extent that the               amounts stii! .n reserve following any return of shares
reserve so permits, equal to 5 % of its initial share            pursuant to Article 5.
rounded up as necessary to the next whole number.
                                                                 It shall ensure that the drawing which exhausts the
2.     If a Member State, after exhausting its initial           reserve does i»ot exceed the balance available, and to
share, has used 90 % or more of the second share                this end shall notify the amount of that balance to tht
drawn by it, that Member State shall forthwith, in the          Member State making the last drawing.
 ---pagebreak---                                                           - 4 -
                          Article 7                             is entered with the customs authorities for free circula­
                                                                tion.                _
1.      Member     States  shal!   take  all    appropriate
measures     to ensure    chat additional    shares drawn       5.    The extent to which Member States have used
pursuant to Article 3 are open£d in such a way that             up their shares shall be determined on the basis of
imports may be charged without interruption against             imports charged against them under the conditions
their aggregate shares of the Community tariff quota.           set out in paragraph 4.
2. Member States shall take all appropriate                                            Article 8
measures to ensure that the products listed in Article
I (1 ), benefiting from the Community tariff quota, are         At the Commission s request, the Member States shall
indeed destined for use in the manufacture of tyres.            inform it of imports actually charged against their
                                                                shares.
Control of the use for this special purpose shall be
carried out pursuant to the relevant Community provi­                                  Article 9
sions.
                                                                The Member States and the Commission shall co­
3. Member States shall ensure that importer of the              operate closely to ensure that this Regulation is
product in question, established in their territory, have       complied with.
free access to the shares allotted to them.
                                                                                       Article 10
4. Member States shall charge imports of the
product in question against their shares as the product         This Regulation shall enter into force on 1 July
                                                                1982 ,
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
                Done at Brussels .,
                                                                            For the Council
                                                                             The President