CELEX: 51975PC0272
Language: en
Date: 1975-06-11
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for newsprint falling within subheading No 48.01A of the Common Customs Tariff (1976) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 272
Vol. 1975/0096
 ---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(75 ) 272 final
                                          Brussels , 11 June 1975
                         Proposal for a
                  REGULATION ( EEC ) OF THE COUNCIL
         on the opening , allocation and administration of
         a Community tariff quota for newsprint falling
         within subheading No 48.01A of the Common Customs
         Tariff ( 1976 )
         ( submitted to the Council by the Commission )
CO:.î(75 ) 272 final
 ---pagebreak---                              EXPLANATORY MMORMDUM
   1.   At the last multinational GATT negotiations , the Community
   undertook to opon annually a nil duty Community tariff quota for
1 500 000 metrio tons of newsprint falling within subheading No 48*01 A
   of the Common Customs Tariff.'       '
   Furthermore , the Community informed the Nordio delegation (text Nord 4
   of document NCG(67)41- rev. ) that it had' decided to open a nil duty
   tariff quota each year under Artiole 23 of    the Treaty of Rome if it
   wero established that all possibilities of    supply on the internal
   market of the Community had been exhausted    during a given trading ,
   year and after having entirely used up the    nil duty quota bound under
   GATT .
   Judging from market trends over the past few years it is clear already
   that the 1776 Community tariff quota must be greater than the      1 500 000
            metrio tons originally established . This is why the Commission
   considers that it oan propose the opening of a tariff quota for
   2 750 000 metrio tons . This amount is based on first estimates ,
   so' that a review of the situation during the oourse of the year is       ,
   naturally not exoluded . "              •                        '
 ---pagebreak--- 3*  The tariff quota is allocated in accordance with the method which
has normally "been applied : allocation is "based on past import figures
and on estimates for the quota year in question .
Furthermore , in view of the size of the quota proposed from the start ,
the Commission considers that it would be contrary to the Community
nature of this quota to divide it up into shares allocated definitively
to all the Member States . It therefore proposes a system of administration
based on the institution of a Community reserve limited to 4- *25       This
system of allocation and administration wa3 , moreover , unanimously
approved by all tho Member States at the time of the opening of the
tariff quota for 1975 • Further , the Member States , at the "Economio
Tariff Problems" Group meeting on 16 April 1975 » unanimously agreed that
this system should be continued for 1976 .
4 . 'A problem still exists concerning the admission under benefit of this
quota of certain paper corresponding to the definition of newsprint in the
Supplementary Note of Chapter 4 8» affecting sub-position         E.
This application of quota benefit , whioh was adopted for 1974        1975 »
is still being studied by the Commission, and it is not possible to forecast
the date of a decision-. It is however important to prepare the instrument
for operating the international undertaking currently in force . The present
proposal has no other purpose . The Commission is however aware of the
problem and ih^refore reserves to itself the possibility of subsequent
alteration of this proposal if the need arises .
 ---pagebreak---                                Proposal for a
                               nMMAMWMMIWWMMMWI
                      . REGULATION (EEC ) OF THE COUNCIL
     on -the opening, allocation and administration of a Community tariff
     quota for nev/sprint falling within subheading No 43.01A of the
     Common Customs Tariff
                                 ( 1S76 )
THE COUNCIL 0F THE EUROPEAN COMMUNITIES ,                                   -
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 113 and 28 thereof ;
Having regard to the proposal from the Commission ;
Whereas the European Economic Community has undertaken to opon an
annual nil duty Community tariff quota of 1 500 000 metrio tons of
newsprint falling within tariff subheading No "42 *01 A ;
Whereas , in view of present production capacity within the Community ,
that quantity is insufficient to meet foreseeable import requirements ;
whereas provision should therefore bo made for aw autonomous
supplementary quota which , having regard to the estimates submitted ,,
may bo fixod at present at 1 250 000 metric tons ; whereas the fact
that this figure has been adopted for the autonomous supplementary
quota doos not exclude the possibility of readjustment during the quota
period ; whereas a Community tariff quota should therefore bo opened for ,
1>76 for a total quantity of 2 750 000 metrio tons of newsprint ;
Whereas oqual and continuous aocess to tho quota should be ensured for
all Community importers and the rate of duty for the tariff quota
should be applied consistently to all imports on tho product in
question until the quota is exhausted ; whereas in the light of these
principles , arrangements for the utilization of the Community tariff
                                                          •                   1
quota based on an allooation among Member States would seem to bo           /
consistent with the Community nature of the quota; whereas , in order     /
that it may oorrospond as closely as possible to the actual trend of "5k®
market in the produot in question , allocation of the quota Bhould be in
proportion to the requirements of the Member States as calculated by
referenoe to statistics of imports from third oountries during a
representative reference poriod and to the economio outlook for the quota
period in question ;                                                 ,•
 ---pagebreak--- Whereas , for the last three years for which full statistics are
available , the imports of each of the Member States represented, the
following percentages of total imports of the product in question :
                                           1^2       1213     1274
     Bénélux                              11.53   - 12.18     14.04
     Denmarlc                              7.02       6.3)2    4.89
     Germany                              26 . 65   27.04     25.78
     Prance                                7.64       9·4 6   13.46
     Ireland                               1.95       0        2.12
     Italy                                 0.06       0.32     0.42
    United Kingdom                        45.15     .44.08    39.29
Whereas , in order to evaluate those statistics properly , however ,
acoount must bo taken of the fact that the opening of a Community tariff
quota for the enlarged Community may alter the pattern of' trade of
Member States with third countries ; whereas , in view of the above and
of the expected evolution of the market in newsprint in general and
of production in particular , the first tranche of the 1276 quota nay
be allocated approximately in the following percentages :
    Bénélux                      13.67
    Denmark                        6,21
     Germany                     26 . 20
    France                       14*51
    Iroland                        0.57
    Italy                          0.04
    Unit ed • Kingdom            3 8 . 74
 ---pagebreak--- Whereas , to take account of future import trends for the produc
 concerned, the quota should be divided into two tranches , the first
"being allocated among the Member States and the second held as a
 reserve to cover subsequently the requirements of Member States whioh
 have exhausted their initial shares ; whereas , to give importers some
 degree of certainty, while still enabling Community production to be •
 disposed of on satisfactory terms , the first tranche of the quota
 should be fixed at about $6 $ of the full amount ;
 Whereas Member States may exhaust their initial shares' at different
 rates ; whereas to avoid disruption of supplies on this acoount 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 exhausted a Member
 State should draw a further share , and so on as many times as the
 reserve allows ; whereas the initial and additional shares should be
 valid until the end of the quota period; whereas this form of
  adriinistration requires olose collaboration . between the Member States
  end the Commission, and the Commission must be in a position to keep
  aooount of the extent to whioh the quota has been used up and to
  inform the Member States' aooordin&iy;                               „ „
 ---pagebreak---                                        -4–
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 , to
prevent a part of the Community tariff quota from remaining unused
in one Member State while it could be used in others , that such State
should return a significant proportion thereof to the reserve ;
Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands
and the Grand Duchy of Luxembourg are united within ..and jointly
represented by the Benelux Economic Union, any transaction in respect
of the administration of the shares allocated to that Economio Union
may be carried out by any one of its members ;
HAS ADOPTED THIS REGULATION :
                                   Article 1
1.    There shall be opened within the Community for the period 1 January
to 31 December 1976, in respect of newsprint falling within
subheading No 48*01 A of the Common Customs Tariff , a Community tariff
quota of 2 750 000 metri'o tons .
2.    Imports of the produot in question shall not be oounted under '
this tariff' quota if they are ! already free of customs duties under
other preferential tariff treatment                                       .
*5 -p'V 'i't.V-'l -r? : ..
      The Common Customs Tariff duty shall be totally suspended in
respect of importations under the above quota .        . 1
4 « Now Member States shall apply in respect of importations within the
quota duties calculated in acoordanoe with the relevant provisions of
the Act of Aocession .
 ---pagebreak---                                     -5-
                                   Article 2
1 . The Community tariff quota provided for in Article 1 shall be
                                                     i              ■
divided into two tranches .
                             2 633 000                                  .  .
2 * A first tranche of f       metric tons shall be allocated among txie
Member States . The shares , which subject to Article 5 shall be valid
until 31 December 197 6, shall be as follows :
     Benelux                     360 000 .metric tons
     Denmark                     165 000 metno tons
     Gertaajiy          <        690 000- metrio tons
     Prance                      382 000 metric tons
     Ireland                      15 000 metric tons
     Italy                         1 000 metric tons
     United Kingdom            1 020 000 . metric tons
3.   The second tranche , of 117 000 tons , shall constitute a .reserve .
                                   Artide 3
1 . As soon as a Member State has used $0$ or more of its initial
share as fixed in Article 2(2 ), or of that share minus any portion
returned to the reserve pursuant to Article 5 »        shall forthwith, by
notifying the Commission , draw a second share , to the extent that the
reserve so permits , equal to 15$ of its initial share , rounded up as
necessary to the next whole number .
2 . As soon as a Member State , after exhausting its initial share ,
has used $0cfo or more of the eeoond share drawn by it , that Member State
shall forthwith , in the manner and to the extent provided in paragraph
1 , draw a third share equal to 7«5$ of its initial share .
 ---pagebreak--- 3.   As soon as 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 the extent provided in paragraph 1 , draw
a fourth share equal to the third .
It shall continue in this fashion until the reserve is exhausted .
4 * By way of 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 ma^r 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 dram pursuant to Article 3 shall be valid until
31 December '1976 .
                                   Article 5
1'ne Koinber States shall return to the reserve , not later than
1 October 197S > the unused portion of thoir initial share which,
on 15 September J97o r is in excess of 20 % of the initial amount .
They may return a greater portion if there are grounds for
believing thp.t such portion may not be used in full .                       '
Member States shall , not later than 1 < October 197 6 » notify the Commission
of the total quantities of the produot in question imported up to and
inoluding 15 September 197 6 and oharged against the . Community quota and
of any portion of their initial shares returned to the reserve .
 ---pagebreak---                                     -7-
                                 Article 6
The Commission shall keep an account of the shares opened by the kember
States pursuant to Articles 2 and 3 and shall , as soon as the information
reaches it , inform each State of the extent to which the reserve has
been used up .
It shall , not later than 5 October 1976, inform the Member States of
the amount still in reserve following any return of shares pursuant to
Article 5 »
It shall ensure that when an amount exhausting the reserve is drawn
the amount so drawn does not exceed the balance available , and to this
end shall notify the anount of that balance to the Member State making
 1.  Every Member Stato shall take all appropriate measures to ensure
 that additional chares dram pursuant to Article 3 are opened in suoh
 a way that importations may be charged without interruption against
 its accumulated share of the Community quota .
 2.  Every Member State shall ensure that importers of the produot in
question established in its territory have free aocess to the shares
 allocated to it .                                  *•--•••■ ■
 3.  The extent to which a Member State has used up its shard shall
be determined on the basis of the importations of the product in
question entered with the customs authorities for home use .
                                Article o
 On receipt of a request from the Commission the Member States shall notify
 it of the importations charged against its share *
 ---pagebreak---                                        \
                                . Article 9
             • ■                         ■ ■ ' ■                   i
The Member States and the Commission shall cooperate closely to ensure
that the provisions of the preoeding Articles are .complied with .
                                  Article 10
This Regulation shall onter into force on 1 January 1976 .
This Regulation shall be "binding in its entirety and direotly applicable
in all Member States ,                                                1
                                                             '       ...   . J
Done at Brussels , ,
    1                                      i
                                                     For the Council     •
                                                 ' •   The Resident