CELEX: 51981PC0263
Language: en
Date: 1981-05-26
Title: Draft COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for yarn of poly(p-phenyleneterephtalamide) for use in the manufacture of tyres, falling within subheading ex 51.01 A of the Common Customs Tariff (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 263
Vol. 1981/0090
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(81)263 final
                                                Brussels , 26 May 1981
                                                    *
                                    Draft
                            COUNCIL REGULATION ( EEC )
       opening , allocating and providing for the administration of a
        Community tariff quota for yarn of poly(p-phenyleneterephtalamide )
       for use in the manufacture of tyres , falling within subheading ex
       51.01 A of the Common Customs Tariff
                     /X
    Se,- ■ : "          t
V^             ( presented by the Commission to the Council )
                        "/
                 · ν  Η
C0MC81 ) 263 final
 ---pagebreak---                       EXPLANATORY MEMORANDUM
1. Regulation (EEC) N° 3499/80 of 16 December 1980 ^ opened, for the
   first half of 1981 , an autonomous Community tariff quota of 550 tonnes
   at a duty-rate of 2 % for yarn of poly(p-phenyleneterephtalamide) to be
   used in the manufacture of tyres.
2. The possibility of opening a new quota for the second half of the
   current year was considered at a meeting of the 'Economic Tariff
   Problems" group on 15 April 1981 . It appeared that * solution envisaging
   a quota on the same conditions, with an amount of 550 tonnes shared
   among Member States prorata to the requirements put forward, would
   be acceptable to all Member States.
   This is the object of the present draft regulation.
                                                           /
                                                          /
 ---pagebreak---                                                  Draft
                                     COUNCIL REGULATION (EEC) No
                                                  of
                 opening, allocating and providing for the Administration of a Community tariff quota for
                  yarn of poiy (/>-phenyleneterephthalamide) for use in the manufacture of tyres, falling
                               within subheading ex 5101 A of the Common Customs Tariff
 THE COUNCIL OF THE EUROPEAN
 COMMUNITIES,
 Having regard to the Treaty establishing the Euro­
 pean Economic Community, and in particular Arti­
 cle 28 thereof,
Having regard to the draft from the Commission ,
 Whereas the production of yarn of poly (p-phenyl-
eneterephthalomide) is currently insufficient in the
Community to meet the requirements of the user in­
dustries in the Community ; whereas, consequently,
Community supplies of products of this type cur­
rently depend to a considerable extent on imports              ^
from third countries ; whereas it is the Community's
interest to partially suspend the Common Customs
Tariff duty for the yarn in question, within the Com­
munity tariff quota, of an appropriate volume for a
relatively limited period ; whereas in order not to
bring into question the development prospects of
this production in the Community while ensuring an
adequate supply to satisfy user industries, if is advis­
able to limit the benefits of tariff quotas solely to
products for use in the manufacture of tyres, to open
the quota for the period from 1 July to
 31 December 1981^
       and to fix the volume of this quota at a level
of 550 tonnes, corresponding to the needs for im­
ports from third countries during that period, and to
fix the quota duty at 2 % ;
Whereas equal and continuous access to the quota
should be ensured for all Community importers and
the rate of duty for'the tariff quota should be ap­
plied consistently to all imports until the quota is
exhausted ; whereas in the light of these principles
arrangements for the utilization of the tariff quota
based on an allocation among Member States
would seem to be consistent with the Community
nature of the quota ; whereas, to correspond as
closely as possible to the actual trend in the market
in the product in question, allocation of the quota
should bs in proportion to the requirements of the
Member States as calculated by reference to statis­
tics of imports from third countries during a repre-
 ---pagebreak---                                       - 2 -
 sentative reference period and to the economic out­
 look for the quota period in question ;
Whereas, however, since the quota is an autono­
mous Community tariff quota intended to cover im­
port needs arising in the Community, for experi­
mental purposes, the quota' volume may be allo­
cated on the basis of the temporary import needs
from third countries expressed by each of the Mem­
ber States ; whereas these arrangements for alloca­
tion will equally ensure the uniform application of
the Common Customs Tariff ;
Whereas, to take account of possible import trends
for the product concerned, the quota volume should
be divided into two tranches, the first being allo­
cated    between   certain  Member States and the
second held as a reserve to meet subsequent require­
ments of Member States which have used up their \
initial shares and any additional requirements which
might arise in the other Member States ; whereas, to
give importers of the Member States some degree of
certainty, the first tranche of the tariff quota should
be fixed at a relatively high level, which in this case
could be 535 tonnes ;
Whereas initial shares may be used up 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 initial share
should draw an additional share from the reserve ;
whereas each time its additional share is almost
used up a Member State should draw a further
share, and so on as many times as the reserve al­
lows ; whereas 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, which latter 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 ac­
cordingly ;
 ---pagebreak--- 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 that that Mem­
ber State should return a significant proportion to
the reserve, in order to prevent a part of the Com­
munity quota remaining unused in one Member
State while it could be used in others ;
Whereas, since the Kingdom of Belgium , the King­
dom of the Netherlands and the Grand Duchy of
 Luxembourg are united within and jointly repre­
 sented by the Benelux Economic Union , any mea­
 sure concerning the administration of the shares al­
 located to that economic union may be carried out
 by any one of its members,
 HAS ADOPTED THIS REGULATION :
                   Article 1
  1 . From 1 July until 31 December 1981
  the    Common
  Customs Tariff duty for yarns of poly (^- phenylene-
  terephthalamide) falling within subheading 51.01 A
  for use in the manufacture of tyres shali be sus­
  pended at the level of 2 % within the framework of a
  Community tariff quota of 550 tonnes.
  2 . Within the limits of the tariff quota, Greece
  shall apply customs duties calculated in accordance
  with the relevant provisions in the 1979 Act of Ac-,
   cession .
 ---pagebreak---                                             - 4 -
                          A rticle 2
I     A first tranche of 535> tonnes of this Community
tariff quota shall be allocated among certain Mem­
ber States ; the shares, which subject to Article
  shall be valid until 31 December 1981 , shall be as follows
                                                             tonnes
         Benelux                                                 2
                                                                 2
         Denmark                                                 2
                                                                 2
          Germany (FR)                                          85
                                                                85
          Greece                                                 2
          France                                               400
          Ireiand                                                2
                                                                 2 '
          Italy
          United Kyigdom                                        40
                   %
     2. The second tranche of 15 tonnes shall constitute
     the reserve.
                               Article 3
      1 If a Member State has use
      initial share as fixed in
      minus any portion returned'* »he ^ ^ Com_
    - to Article !»it shall forthwith, by- notifying^ ^ ^
       mission, draw a secon s               , . initiai share
                                              whole numoer.
       2. ,f a Member State, after
        number.
         3.   lf
         r;      ^ Memb« State .WUjH*
          and to the extent, provided in paragrapn ,
          fourth share equal to the third.
  '       This process shallapply until the reserve is used up.
 ---pagebreak---                                        - 5   -
                                                            Ν
   4.     By way ot 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 drawn pursuant to Articled shall
    be valid until 31 December 1981 .
                            Arti c Le 5
      ember States shall , not later than 15 November 1981 , return
    to the reserve the unused portion of their initial share which
   on 1 November 1981 , is in excess of 20 % of the initial volume .
   They may return a greater portion if there are grounds for
   believing that it may not be used in full .
   Member States shall , not later than 15 November 1981 , notify
   the Commission of the total quantities of the products in
  question imported up to 1 November 1981 and charged against
  the Community quota and of any portion of their initial
  shares returned to the reserve
                               Article 6
        The Commission shall keep an account of the shares
        opened by the Member States pursuant to Articles 2
      and 3 ancj shal I , as soon as the notifications reach
        it , inform each State of the extent to which the re­
        serve has been used up. It shall , not later than
20 November 1981 , inform the Member States of the
        amounts still in reserve following any return of
        shares pursuant to Article 5 .
        It shall ensure that the drawing which exhausts the
        reserve does not exceed the balance available , and
        to this end shall notify the amount of that balance
        to the Member State making the last drawing.
 ---pagebreak---                         Artide 7
 I. Member States shall take all appropriate mea­
sures to ensure that additional shares drawn pur­
suant to Article 3 are opened in such a way that
imports may be charged without interruption against
their aggregate shares of the Community tariff
quota .
               1
2.   Member States shall take all appropriate mea­
sures to ensure that the products listed in Arti­
cle I ( I ) benefiting from the Community tariff
quota, are indeed destined for use in the manufac­
ture of tyres. ,
                                                  I
                            ( ,
Control of the use for this special purpose shall be
carried out pursuant to the relevant Community
provisions.
3.   Member States shall ensure that importers of the
product in question, established in their territory^
have free access to the shares allotted to them .
4. Member States shall charge imports df the prod­
uct in question against their shares as the product is
entered with the customs authorities for free circula­
tion .                        •
5.   The extent to which Member States have used
up their shares shall be determined on the basis of
imports charged against them under the conditions
set out in paragraph 4.
                        Article   °
 At the Commission 's request, the Member States
 shall inform it of imports actually c.harged against
 their shares.
                        Article '
 The Member States and the Commission shall coop­
 erate closely to ensure that this Regulation is com­
 plied with .
                        Article 10
 This Regulation shall enter into force on 1 July
  1981 .
 ---pagebreak--- States^8"13'10" Sha" be bindin8 in its entirety and directly applicable in all Member
Done at Brussels,
                                                            For the Council
                                                             The President