CELEX: 51981PC0682
Language: en
Date: 1981-11-17
Title: Draft of a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for yarn of poly (p-phenylenetere-phtalamide) 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 (81) 682
Vol. 1981/0201
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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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
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM ( 81 ) 682 final
                                                      Brussels , 17 November 1981
                                Draft of a
                         COUNCIL REGULATION ( EEC )
             opening , allocating and providing for the
       administration of a Community tariff quota for yarn of
               poly ( p-phenylenetere -phtalamide ) 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 )
                                        ( ^ l'
                                        i
                                          V**
                                                      r
                                                  ' '
                                                  V ^/ i
C0MC81 ) 682 final
 ---pagebreak---                                                            Cew\ h
                             EXPLANATORY MEMORANDUM
 1 . Regulation     ( EEC ) No . 1793 / 81 of 24 June 1981 ( 1 ) opened , for the
     second    half of 1981 , an autonomous Community tariff quota of 550
     tonnes at a duty-rate of 2 % for yarn of poly ( p-pheni leneterephta-
     lamide )   to be used in the manufacture of tyres .
2 . The possibility of opening a new quota for the first half of 1982
     was considered at a meeting of the " Economic Tariff Problems " *jroup
     on 6 October 1981 , in connection with the discussion of duty suspen­
     sion for the same product intended for other uses . The various com­
■ ■" promises put forward in answer to the problems raised were not ac­
     ceptable to all Member States . A partial, solution envisaging a quo­
     ta on the same conditions , with an ajnount of 550 tonnes shared
     among Member States prorata to . the requirements put forward would
     enable the discussion to be reopened at Council level , as soon as
     a decision is reached on the question of suspensions . /
     This is the object of the present draft regulation .
     ( 1 ) 0J No . L 179 , 1.7.1981 , p. 3 .
 ---pagebreak---                                                         DRArT OF A
                                    COUNCiL REGULATION (EEC) No .... él
                                                      oí        .¿ 981
                opening, allocating and providing tor the administration of a Community tariff
                quota for yarn of pqly (p-phenyleneterephthalamide for use in the manufacture
                of tyres, falling within 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
                                                               needs 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 expressed 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
  {/vphenyleneterephthalamide 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 tftis        other Member States ; 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 534
                                                               tonnes ;
  Common Customs Tariff duty for the yam in ques­
  tion, within the Community tariff quota, of an appro­
  priate volume for a relatively limited period ; whereas
  in order not to bring into question the development          Whereas mitral shares may be used up at different
  prospects of this production in the Community while          rates ; whereas to avoid disruption of supplies cn this
  ensuring an adequate supply to satisfy user industries,      account it should be provided that 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 open the quota for the period i January to                time its additional share is almost used up a Member
3 June        198 2 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 level of 550 tonnes, corresponding to the needs for        additional shares should be valid until the end of the
  imports from third Countries during that period, and
  to fix the quota duty at 2 % ;                               quota period ; whereas this form of administration
                                                               requires close collaboration between the Member
                                                               States and the Commission, which iatter must be in a
                                                               position to keep account of . the extent to which the
  Whereas equal end continuous access to tfte quota            quotas have been used up and to inform the Member
  should be" ensured for all Community importers and           States accordingly ;
  the sate of duty for the tariff quota should be applied
  consistently to all imports until the quota is
  exhausted whereas, in the light of these principles,         Whereas, if at a given date in the quota period &
  arrangements for the utilization of the tariff quota         considerable quantity of a Member State's initial share
  based on an allocation among Member States would             remains unused, it is essential that that Member State
  seem to be consistent, with the Community nature of          shouid return a significant proportion to the reserve,
  the quota ; whereas, to correspond as closely as             in 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 as calculated by reference to statistics of imposts
   from third countries during a representative reference      Whereas, 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 unitea within and jointly
 ---pagebreak---                                                          - 2 -
represented by the Benelux Economic Union, any                 manner and to the exteiU provided in paragraph 1 ,
measure concerning the administration of the shares            draw a third share equal to 5 % of its initial shaie
allocated to that economic union may be carried out            rounded up as necessary to the next whole number. ~
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.
                 January
1.     From 1          until 30 June               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 paragraphs if there are grounds for
heading 51.01 A for use in the manufacture of tyres            believing that 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 550 tonnes.           inform the Commission of its grounds for so doing.
2. Within the limits of the tariff 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 30 June ■        1982 --
                        Article 2
1 . A first tranche of 534 tonnes 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 3 0 June         1 982 , shall be as follows :     Member States shall, not later than 15 May
                                                               198 ^return to the reserve the unused portion of their
                                             (tonnes)          initial share which, on 1     rv|ay   1982^is in excess
                                                               of 20 % of the initial volume. They may return a
         Benelux                               102             greater portion if there are grounds for believing that
         Denmark                                   1           it may not be used in full.
         Germany                                  85
         Greece                                * 2             Member States shall, not later than 15         May
         France                                ■^ oo           198 2 /notify the Commission of the total quantities of .
         Ireland                                   2           the products in question imported up to i May
         Italy                                     2           198^ and charged against the Community quota and
         United Kingdom                           40           of" any portion of their initial shares returned to the
                                                               reserve.
2.     The second tranche of 1 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 Articles 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 ( 1 ), 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 shall forthwith, by notifying the Commis­            May      . 1982 , inform the Member States of the
sion, draw a second share, to the extent that the              amounts still in reserve following any return of shares
reserve so permits, equal to 10 % 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 not 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 the
drawn by it, that Member State shall forthwith, in the         Member State making the last drawing.
 ---pagebreak---                                                              -3-
                           Article 7                              is entered with the customs authorities for free circula­
                                                                  tion.
 1.      Member     States  shall   take    all    appropriate
 measures     to ensure    that   additional    shares  drawn     5.    The extent to which Member States have used
 pursuant to Article 3 are opened 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
 1 (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 importers 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 January
                                                                  1982 ..
                This Regulation shall be binding in its entirety and directly applicable in ail Member
                States.
                Done at Brussels ,. ...... 1981 -
                                                                   .  .      For the Council
                                                                               The President