CELEX: 31986R4016
Language: en
Date: 1986-12-18 00:00:00
Title: Council Regulation (EEC) No 4016/86 of 18 December 1986 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 (1987) and extending this quota to include certain other types of paper

No L 374 / 34                            Official Journal of the European Communities                                       31 . 12 . 86
                                         COUNCIL REGULATION ( EEC ) No 4016 / 86
                                                       of 18 December 1986
               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 ( 1987) 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:
 Having regard to the Treaty establishing the European                — from Canada :
 Economic Community , and in particular Article 113
 thereof,                                                                                                1983       1984          1985
                                                                     Benelux                             5,82       5,59          3,81
 Having regard to the proposal from the Commission ,                 Denmark                                         0
                                                                                                         0,01                     0,01
                                                                     Germany                            11,01      18,66         15,18
                                                                     Greece                              0          0             0,01
 Whereas, for newsprint falling within subheading 48.01 A            Spain                                1,71       1,17          1,05
 of the Common Customs Tariff, the Community has                     France                              0,81       0,20          0,82
 decided to conclude an agreement which provides in                  Ireland                              1,36       1,08          1,10
particular for the opening of a Community tariff quota of            Italy                                1,65      2,10          2,34
 650 000 tonnes , of which 600 000 tonnes are reserved               Portugal                             1,23      0             0,09
 until 30 November each year , in accordance with                    United Kingdom                     76,40      71,20        75,59
Article XIII of the General Agreement on Tariffs and
Trade , exclusively for products from Canada ; whereas this
Agreement provides equally that from 30 November each                — from other countries :
year the residue which has not been used by 29 November
can be applied to imports of newsprint of any origin ;                                                   1983       1984          1985
whereas, therefore, an overall duty-free Community tariff
quota of 650 000 tonnes should be opened for the product             Benelux                            16,28       5,83           1,75
in question for 1987 , subdivided as indicated above ;               Denmark                             0,39       0,04          0
                                                                     Germany                            26,73      40,75        39,39
                                                                     Greece                             14,09       5,55         10,11
Whereas provision should be made for extending the tariff            Spain                              16,08      20,32        24,52
quota in question to include certain types of paper fulfilling       France                              2,32       4,43          2,20
all the conditions set out in the Additional Note to                 Ireland                             0,04       0,01          0,01
Chapter 48 except those relating to watermarks ;                     Italy                               2,46       0,81          0,53
                                                                     Portugal                             1,67      6,13          7,79
                                                                     United Kingdom                     19,94      16,13         13,70
 Whereas , in particular , equal and continuous access to the
 said quotas should be ensured for all importers and the rate
 of duty for the tariff quota should be applied without
interruption to all imports of the product in question until        Whereas , in view of the above and of the foreseeable trend
these quotas are exhausted ; whereas in the light of these          on the market in newsprint in general , and of Community
principles, arrangements for the utilization of Community           production in particular during 1987 , the percentages of
tariff quotas based on an allocation among Member States             initial participation in the quota amounts may be allocated ,
would seem to be consistent with the Community nature of             approximately , as follows :
the said quotas; whereas , in order that it may correspond
as closely as possible to the actual trend of the market in
the product in question , allocation of the quota should be                                           Amount of          Amount of
in proportion to the requirements of the Member States as                                           600 000 tonnes      50 000 tonnes
calculated by reference to statistics on imports from third
countries which do not benefit from a similar preference,            Benelux                             8,35                 1,03
                                                                     Denmark                             0,11                0,21
during a representative reference period , and to the
                                                                     Germany                            18,40              40,66
economic outlook for the year covered by the quota in                Greece
question ;                                                                                               0,28               27,81
                                                                     Spain                               0,37                2,57
                                                                     France                              1,20                3,59
                                                                     Ireland                             1,29                0,02
Whereas for the past three years for which complete
                                                                     Italy                               0,92                4,45
statistics are available , the corresponding imports of each         Portugal                            0,07                2,57
of the Member States represent , with reference to the total         United Kingdom                     61,01               17,09
imports of the products in question coming from third
 ---pagebreak--- 31 . 12 . 86                                       Official Journal of the European Communities                                      No L 374 / 35
Whereas , to take account of import trends for the product                           Whereas, if at a given date in the quota period a quantity of
concerned , the quotas should be divided into two tranches ,                         a Member State's initial share remains unused , it is
the first being allocated among the Member States and the                            essential , to prevent a part of the Community tariff while it
second held as a reserve to cover subsequently the                                   could be used in others , that such State should return a
requirements of Member States which have exhausted their                             significant proportion thereof to the reserve ;
initial shares ; whereas , to give importers some degree of
certainty and yet enable Community production to be
disposed of on satisfactory terms , the first tranche of the                         Whereas , since the Kingdom of Belgium , the Kingdom of
Community quotas should be fixed at about 91 % and                                   the Netherlands and the Grand Duchy of Luxembourg are
78% of the quota volumes ;                                                           united within and jointly represented by the Benelux
                                                                                     Economic Union , any transaction in respect of the
                                                                                     administration of the shares allocated to that economic
                                                                                     union may be carried out by any one of its members ,
Whereas the initial shares may be exhausted at different
rates ; whereas , to provide for this eventuality and avoid
disruption of supplies , any Member State which has almost
used up its initial share should draw an additional share
                                                                                     HAS ADOPTED THIS REGULATION :
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
the reserve allows ; whereas the initial and additional shares
should be valid until the end of the quota period ; whereas                                                     Article 1
this form of administration requires close collaboration
between the Member States and the Commission , and the                               1 . From 1 January to 31 December 1987 the Common
latter must be in a position to keep account of the extent to                        Customs Tariff duty , on the following product , shall be
which the quotas have been used up and to inform the                                 suspended at the levels and within the limits of the
Member States accordingly ;                                                          Community tariff quotas shown herewith :
                                                                                                                         Quota        Rate of
      Order No            CCT heading
                               No                                            Description                                volume         duty
                                                                                                                     ( in tonnes )     (%)
                     48.01 A                      Newsprint ('):
      09.0015                                     — from Canada                                                        600 000          0
      09.0017                                     — from other third countries                                           50 000         0
t 1 ) Entry under this subheading is subject to conditions to be determined by the competent authorities
2 . Within the limits of this tariff quota , Spain and                                                          Article 2
Portugal shall apply customs duties calculated in
accordance with the relevant provisions in the Act of                                From 30 November 1987 the residue of the amounts
Accession .                                                                          referred to in Article 1 which have not actually been used
                                                                                     by 29 November 1987 , or which are not expected to be
                                                                                     used before 31 December 1987 , can be applied to imports
                                                                                     of the products in question whether from Canada or from
                                                                                     another third country .
3 . Imports of newsprint shall not be charged against this
tariff quota if they are already free of customs duties under
other preferential treatment .
                                                                                                                Article 3
                                                                                     1.  A first tranche of each of the amounts referred to in
4 . Without prejudice to the international obligations of                            Article 1 consisting of 543 400 tonnes for the amount
the Community , Member States may charge against this                                referred to under order No 09.0015 and 38 910 tonnes for
tariff quota the other types of paper complying , except as                          the amount referred to under order No 09.0017 , shall be
regards the criteria governing watermarks , with the                                 allocated among the Member States ; their shares which ,
definition of newsprint contained in the Additional Note to                          subject to Article 6 shall be valid from 1 January to
Chapter 48 .                                                                         31 December 1987 , shall be as follows:
 ---pagebreak---  No L 374 / 36                                  Official Journal of the European Communities                                  31 . 12 . 86
                                     Amount               Amount
                                                                                                      Article 6
                                    referred to          referred to
                                   under order          under order        The Member States return to the reserve, not later than
                                  No 09.0015            No 09.0017
                                                                            1 October 1987, the unused portion of their initial shares
 Benelux                              45 400
                                                                           which on 15 September 1987 is in excess of 20 % of the
                                                              400
 Denmark                                  600                   80
                                                                           initial amount. They may return a greater portion if there
 Germany                             100 000               15 820          are grounds for believing that such portion may not be used
 Greece                                 1 500
                                                                           in full .
                                                           10 820
 Spain                                  2 000               1 000
France                                  6 500               1 400
Ireland                                 7 000                   10         Member States shall , not later than 1 October 1987, notify
Italy                                   5 000               1 730          the Commission of the total imports of the products
Portugal                                  400               1 000          concerned effected under the Community quotas up to and
United Kingdom                      375 000                 6 650          including 15 September 1987 and, where appropriate, the
                                                                           proportion of their initial shares that they are returning to
                                                                           each of the reserves .
 2 . The second tranches , amounting respectively to
 56 600 tonnes and 11 090 tonnes , shall constitute the
 reserves .
                                                                                                      Article 7
                                                                           The Commission shall keep account of the shares opened
                             Article 4                                     by Member States in accordance with Articles 3 and 4 , and
                                                                           shall inform each of them of the extent to which the
                                                                           reserves have been used as soon as it receives the
 1 . If 90 % or more of one of any Member State's initial                  notifications .
shares , as laid down in Article 3 ( 1 ) or 90 % of that share
less the amount returned into the corresponding reserve,
where Article 6 has been applied , has been used up , that                It shall , not later than 5 October 1987, notify the Member
Member State shall without delay , by notifying the                       States of the state of each of these reserves after the return
Commission , draw a second share in the quota equal to                    of shares pursuant to Article 6 .
 10 % of its initial share , rounded up to the next unit where
appropriate , to the extent that the amount in the reserve
allows .
                                                                          It shall ensure that any drawing which uses up a reserve is
                                                                          limited to the balance available and , for this purpose, shall
                                                                          specify the amount thereof to the Member State which
                                                                          makes the final drawing .
2 . If, after one or other of its initial shares has been used
up , 90 % or more of the second share drawn by one of the
Member States has been used up , that Member State shall ,
in the manner provided for in paragraph 1 , draw a third
share equal to 5 % of its initial share .                                                             Article 8
                                                                           1 . Member States shall take all appropriate measures to
3 . If, after one or other of its second shares has been used             ensure that additional shares drawn pursuant to Article 4
up , 90 % or more of the third share drawn by a Member                    are opened in such a way that imports may be charged
State has been used up , that latter shall , in the same                  without interruption against their accumulated share of the
manner , draw a fourth share equal to the third .                         quota .
This procedure shall be followed until the reserve has been               2 . Member States shall take all measures necessary to
exhausted .                                                               ensure that the types of paper referred to in Article 1 fulfil
                                                                          the prescribed conditions before they can benefit from the
                                                                          present tariff quota .
4 . By derogation from paragraphs 1 , 2 and 3 , Member
States may draw smaller shares than those fixed in those                  In such a case, the control of the use of the goods for the
paragraphs if there is reason to believe that those shares                prescribed end use shall be carried out by applying the
might not be used up . They shall inform the Commission                   relevant Community provisions .
of their reasons for applying this paragraph .
                                                                          3 . Member States shall ensure that importers of the
                                                                          products in question have free access to the shares allocated
                                                                          to it .
                             Article 5
The additional shares drawn pursuant to Article 4 shall be                4 . The extent to which a Member States has used up its
valid until 31 December 1987 .                                            shares shall be determined on the basis of imports of the
 ---pagebreak--- 31 . 12 . 86                            Official Journal of the European Communities                            No L 374 / 37
products in question entered with the customs authorities                                   Article 10
for free circulation .
                                                                   Member States and the Commission shall cooperate closely
                                                                   to ensure that this Regulation is complied with .
                           Article 9
                                                                                            Article 11
At the Commission's request , the Member States shall
inform it of imports actually charged against their shares .       This Regulation shall enter into force on 1 January 1987 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 18 December 1986 .
                                                                                        For the Council
                                                                                         The President
                                                                                         M. JOPLING