CELEX: 31985R3673
Language: en
Date: 1985-12-20 00:00:00
Title: Council Regulation (EEC) No 3673/85 of 20 December 1985 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 (1986) and extending this quota to include certain other types of paper

No L 354 / 34                             Official Journal of the European Communities                                       30 . 12 . 85
                                          COUNCIL REGULATION ( EEC ) No 3673 / 85
                                                        of 20 December 1985
                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 ( 1986) and extending
                                         this quota to include certain other types of paper
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            countries which do not benefit from equivalent preference,
                                                                     the following percentages :
                                                                     — from Canada :
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113                                                         1981        1982        1983
thereof,
                                                                          Benelux                           8,93       7,40         5,99
                                                                          Denmark                           0          0,01         0,01
Having regard to the proposal from the Commission ,
                                                                          Germany                         12,50       14,34       11,35
                                                                          Greece                            0          0,03         0
Whereas, for newsprint falling within subheading 48.01 A                  France                       ,    1,19       0,93        0,83
of the Common Customs Tariff, the Community has                           Ireland                           0,95        1,51        1,40
decided to conclude an agreement which provides in                        Italy                             0,01        0,30        1,70
particular for the opening of a Community tariff quota of
650 000 tonnes , of which 600 000 tonnes are reserved                     United Kingdom                  76,42       75,48       78,72
until 30 November each year, in accordance with
Article XIII of the General Agreement on Tariffs and                      from other countries :
Trade , exclusively for products from Canada ; whereas this
Agreement provides equally that from 30 November each                                                      1981        1982        1983
year the residue which has not been used by 29 November
                                                                          Benelux                           8,11      26,79       19,79
can be applied to imports of newsprint of any origin ;
whereas , therefore , an overall duty-free Community tariff                Denmark                          0           0,01        0,47
quota of 650 000 tonnes should be opened for the product                   Germany                        31,59       40,83       32,50
in question for 1986 , subdivided as indicated above ;                     Greece                         35,47       21,85       17,13
                                                                           France                           3,65        2,94       2,82
                                                                           Ireland                          0           0           0,05
Whereas provision should be made for extending the tariff                                                   4,17        4,42        3,00
                                                                           Italy
 quota in question to include certain types of paper fulfilling
all the conditions set out in the Additional Note to                       United Kingdom                 17,01         3,16      24,24
Chapter 48 except those relating to watermarks ;
                                                                      Whereas , in view of the above and of the foreseeable trend
 Whereas , in particular , equal and continuous access to the
                                                                      on the market in newsprint in general , and of Community
 said quotas should be ensured for all importers and the rate
                                                                      production in particular during 1986 , the percentages of
 of duty for the tariff quota should be applied without
                                                                      initial participation in the quota amounts may be allocated ,
 interruption to all imports of the product in question until
 these quotas are exhausted; whereas in the light of these
                                                                      approximately, as follows :
 principles , arrangements for the utilization of Community
 tariff quotas based on an allocation among Member States                                                   Amount of        Amount of
                                                                                                         600 000 tonnes     50 000 tonnes
 would seem to be consistent with the Community nature of
 the said quotas ; whereas , in order that it may correspond          Benelux                                  7,52              5,19
 as closely as possible to the actual trend of the market in          Denmark                                  0,11              0,21
 the product in question , allocation of the quota should be
                                                                      Germany                                 16,37             41,08
 in proportion to the requirements of the Member States as
                                                                      Greece                                   0,19            28,10
 calculated by reference to statistics on imports from third
                                                                      France                                    1,02             3,64
 countries which do not benefit from a similar preference ,
 during a representative reference period , and to the                Ireland                                   1,30             0,02
 economic outlook for the year covered by the quota in                Italy                                    0,93              4,49
 question ;                                                           United Kingdom                          72,56             17,27
 Whereas for the past three years for which complete
 statistics are available , the corresponding imports of each         Whereas, to take account of import trends for the product
 of the Member States represent, with reference to the total          concerned, the quotas should be divided into two tranches,
 imports of the products in question coming from third                the first being allocated among the Member States and the
 ---pagebreak--- 30 . 12 . 85                              Official Journal of the European Communities                                        No L 354 / 35
second held as a reserve to cover subsequently the                   regards the criteria governing watermarks, with the
requirements of Member States which have exhausted their             definition of newsprint contained in the Additional Note to
initial shares; whereas , to give importers some degree of           Chapter 48 .
certainty and yet enable Community production to be
disposed of on satisfactory terms, the first tranche of the
Community quotas should be fixed at about 90% and
                                                                                                  Article 2
77 % of the quota volumes ;
                                                                     1 . The tariff quota referred to in Article 1 ( 1 ) shall be
Whereas the initial shares may be exhausted at different             divided as follows :
rates; whereas, to provide for this eventuality and avoid
disruption of supplies , any Member State which has almost           ( a ) 600 000 tonnes for imports from Canada ;
used up its initial share should draw an additional share            ( b ) 50 000 tonnes for imports from other third countries .
from the corresponding reserve ; whereas each time its
additional share is almost exhausted a Member State
should draw a further share , and so on as many times as             2 . However , from 30 November 1986 the residue of the
the reserve allows ; whereas the initial and additional              amounts referred to in paragraph 1 which have not actually
shares should be valid until the end of the quota period ;           been used by 29 November 1986 or which are not expected
whereas this form of administration requires close                   to be used before 31 December 1986 can be applied to
collaboration     between    the   Member       States and  the      imports of the products in question whether from Canada
Commission , and the latter must be in a position to keep            or from another third country .
account of the extent to which the quotas have been used
up and to inform the Member States accordingly ;
Whereas , if at a given date in the quota period a quantity of                                     Article 3
a Member State's initial share remains unused , it is
essential , to prevent a part of the Community tariff while it        1.   A first tranche of each of the amounts referred to in
could be used in others , that such State should return a            Article 2(1 ) consisting of 537 500 tonnes for the amount
significant proportion thereof to the reserve;                       referred to in subparagraph ( a ) and 38 510 tonnes for the
                                                                      amount referred to in subparagraph (b ) , shall be allocated
Whereas, since the Kingdom of Belgium , the Kingdom of                among the Member States ; their shares which , subject to
the Netherlands and the Grand Duchy of Luxembourg are                Article 6 shall be valid from 1 January to 31 December
united within and jointly represented by the Benelux                  1986 , shall be as follows :
Economic Union , any transaction in respect of the
administration of the shares allocated to that economic
                                                                                                             Amount                Amount
union may be carried out by any one of its members ,                                                     Article 2 (1 ) ( a )  Article 2 ( 1 ) ( b )
                                                                      Benelux                                 40 400                 2 000
                                                                      Denmark                                     600                    80
HAS ADOPTED THIS REGULATION :                                         Germany                                 88 000               15 820
                                                                      Greece                                    1 000              10 820
                                                                      France                                    5 500                1 400
                                                                      Ireland                                   7 000                    10
                            Article 1
                                                                      Italy                                     5 000                1 730
 1 . From 1 January 1986 until 31 December 1986                       United Kingdom                        390 000                  6 650
 a Community tariff quota with a total volume of
 650 000 tonnes shall be opened in the Community for
newsprint falling within subheading 48.01 A of the                    2 . The second tranches , amounting respectively to
 Common Customs Tariff ( x ).                                         62 500 tonnes and 11 490 tonnes , shall constitute the
                                                                      reserves .
 2 . The Common Customs Tariff duty shall be totally
 suspended within the limit of the above quota .
 3 . Imports of newsprint shall not be charged against this                                        Article 4
tariff quota if they are already free of customs duties under
other preferential treatment.                                          1 . If 90 % or more of one of any Member State's initial
                                                                      shares , as laid down in Article 3 ( 1 ) or 90 % of that share
4 . Without prejudice to the international obligations of             less the amount returned into the corresponding reserve,
the Community , Member States may charge against this                 where Article 6 has been applied , has been used up , that
 tariff quota the other types of paper complying , except as          Member State shall without delay , by notifying the
                                                                      Commission , draw a second share in the quota equal to
                                                                       10 % of its initial share , rounded up to the next unit where
 (*) Entry under this subheading is subject to conditions to be       appropriate , to the extent that the amount in the reserve
     determined by the compentent authorities .                       allows .
 ---pagebreak--- No L 354 / 36                              Official Journal of the European Communities                                   30 . 12 . 85
2 . If, after one or other of its initial shares has been used        It shall , not later than 5 October 1986 , notify the Member
up , 90 % or more of the second share drawn by one of the             States of the state of each of these reserves after the return
Member States has been used up , that Member State shall ,            of shares pursuant to Article 6 .
in the manner provided for in paragraph 1 , draw a third
share equal to 5 % of its initial share .                             It shall ensure that any drawing which uses up a reserve is
                                                                      limited to the balance available and , for this purpose, shall
3 . If, after one or other of its second shares has been used         specify the amount thereof to the Member State which
up , 90 % or more of the third share drawn by a Member                makes the final drawing.
State has been used up , that latter shall , in the same
manner, draw a fourth share equal to the third .
                                                                                                  Article 8
This procedure shall be followed until the reserve has been
exhausted .                                                           1 . Member States shall take all appropriate measures to
                                                                      ensure that additional shares drawn pursuant to Article 4
4 . By derogation from paragraph 1 , 2 and 3 , Member                 are opened in such a way that imports may be charged
States may draw smaller shares than those fixed in those              without interruption against their accumulated share of the
paragraphs if there is reason to believe that those shares            quota .
might not be used up . They shall inform the Commission
of their reasons for applying this paragraph .                        2 . Member States shall take all measures necessary to
                                                                      ensure that the types of paper referred to in Article 1 fulfil
                                                                      the prescribed conditions before they can benefit from the
                           Article 5                                  present tariff quota .
 The additional shares drawn pursuant to Article 4 shall be           In such a case , the control of the use of the goods for the
 valid until 31 December 1986 .                                       prescribed end use shall be carried out by applying the
                                                                      relevant Community provisions.
                                                                      3 . Member States shall ensure that importers of the
                           Article 6
                                                                      products in question have free access to the shares allocated
                                                                      to it .
 The Member States return to the reserve, not later than
 1 October 1986 , the unused portion of their initial shares          4 . The extent to which a Member States has used up its
 which on 15 September 1986 is in excess of 20 % of the
                                                                      shares shall be determined on the basis of imports of the
 initial amount. They may return a greater portion if there           products in question entered with the customs authorities
 are grounds for believing that such portion may not be used          for free circulation .
 in full .
 Member States shall , not later than 1 October 1986 notify                                       Article 9
 the Commission of the total imports of the products
 concerned effected under the Community quotas up to and              At the Commission's request , the Member States shall
 including 15 September 1986 and , where appropriate , the            inform it of imports actually charged against their shares .
 proportion of their initial shares that they are returning to
 each of the reserves .
                                                                                                  Article 10
                           Article 7
                                                                      Member States and the Commission shall cooperate closely
                                                                      to ensure that this Regulation is complied with .
 The Commission shall keep account of the shares opened
 by Member States in accordance with Articles 3 and 4 , and
 shall inform each of them of the extent to which the                                             Article 11
 reserves have been used as soon as it receives the
 notifications .                                                      This Regulation shall enter into force on 1 January 1986 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 20 December 1985 .
                                                                                             For the Council
                                                                                              The President
                                                                                                R. KRIEPS­