CELEX: 31976R2995
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 2995/76 of 9 December 1976 on the opening, allocation and administration of tariff quotas for certain types of paper and paperboard, falling within subheadings ex 48.01 C II and 48.01 E of the Common Customs Tariff, originating in Portugal (1977)

No L 342/2                           Official Journal of the European Communities                                      11 . 12. 76
                                    COUNCIL REGULATION (EEC) No 2995/76
                                                     of 9 December 1976
              on the opening, allocation and administration of tariff quotas for certain types
              of paper and paperboard, falling within subheadings ex 48.01 C II and 48.01 E of
                          the Common Customs Tariff, originating in Portugal ( 1977)
THE COUNCIL OF THE EUROPEAN                                               ters and the rates of duty for these quotas should be
COMMUNITIES,                                                              applied consistently to all imports of the products in
                                                                         question into the Member States concerned until the
Having regard to the Treaty establishing the European                    quotas have been used up ; whereas, in the light of the
Economic Community, and in particular Article 113                         principles outlined above, arrangements for the utiliza­
thereof,
                                                                          tion of the Community tariff quotas based on an allo­
Having regard to the proposal from the Commission,                       cation among Member States would seem consistent
                                                                         with the Community nature of the quotas ; whereas,
Whereas Article 4 of the Interim Agreement between                        in order that it may correspond as closely as possible
the European Economic Community and the Portu­                            to the actual market trends in the products in ques­
guese Republic (') lays down that the Community as                        tion, allocation of the quotas should be in proportion
originally constituted and Ireland should open annual                     to the requirements of the Member States as calcu­
duty-free tariff quotas for Kraftliner and for other                      lated by reference to statistical data on imports of the
paper and paperboard falling within subheadings ex                        said products from Portugal during a representative
48.01 C II and 48.01 E of the Common Customs                              reference period and to the economic prospects for
Tariff, originating in Portugal, of 42 000 and 1 500                      the quota period in question ;
metric tons respectively, which should be increased
yearly by 5 % as from 1 January 1977 ; whereas the                        Whereas, during the last three years for which statis­
tariff quotas concerned should be opened for 1977 ;                       tics are available, the corresponding imports into each
                                                                          of the Member States represent the following percen­
Whereas equal and uninterrupted access to the said                        tages of total imports of the product in question, origi­
quotas should be ensured for all Community impor­                         nating in Portugal :
                                                 Subheading ex 48.01 C II                     Subheading 48.01 E
                      Member States
                                            1973           1974             1975        1973         1974        1975
              Benelux                                      15.6            20.1                                   2.8
              Germany                                     24.8             34.7                       01
              France                        38.1          22.6             21 .4       99.9         99.9         73.1
              Ireland                                       2.9              6.7         01                      241
              Italy                         61 9          341              17.1
(') OJ No L 266, 29. 9. 1976, p. 1 .
 ---pagebreak---  11 . 12. 76                          Official Journal of the European Communities                                     No L 342/3
Whereas, in view of these factors and of market fore­            HAS ADOPTED THIS REGULATION :
casts for the products concerned during the quota
 period in question, the percentage shares in the quota
volumes may be expressed roughly as follows :                                                  Article 1
                             Subheading         Subheading
         Member States
                            ex 48.01 C II         48.01 E        For the period 1 January to 31 December 1977 duty­
                                                                 free tariff quotas shall be opened in the Community
 Benelux                       201                    4
                                                                 as originally constituted and Ireland for products origi­
Germany                        34.7                   6          nating in Portugal and within the limits shown
 France                        22.4                 76
                                                                 below :
 Ireland                         5.8                 11                                                                  (in metric tons)
 Italy                          17.0                  3
                                                                        CCT                                                  Tariff
                                                                       heading             Description of goods              quota
                                                                         No
Whereas, in order to take account of future trends in
imports of the products in question into the various             48.01              Paper       and       paperboard
Member States, each of the quotas should be divided                                 (including               cellulose
                                                                                    wadding), machine-made, in
into two tranches, the first to be allocated among all                              rolls or sheets :
the Member States and the second to form a reserve
intended to cover any subsequent requirements of                                    C. Kraft paper and kraft
                                                                                        board :
Member States which have used up their initial
                                                                                        ex II . Other :
shares ; whereas, in order to ensure a certain degree of
                                                                                                 — Kraftliner              44 100
security for importers in each Member State, the first
tranche of the tariff quota should be set at a level                                E. Other                                 1 575
which in this case might be 75 % of each of the
quota volumes ;
                                                                                               Article 2
Whereas Member States may use up their initial
shares at different rates ; whereas, to provide for this
eventuality and to avoid disruption of supplies, any             1.      The tariff quotas laid down in Article 1 shall be
                                                                divided into two tranches.
Member State which has almost used up any of its
initial shares should drawn an additional share from
the corresponding reserve ; whereas this should be               2. A first tranche shall be allocated among the
done by each Member State when each of its addi­                Member States ; the shares, which subject to Article 5
tional shares has been almost used up, as many times            shall be valid until 31 December 1977, shall be as
as the reserve allows ; whereas each of the initial and          follows :
additional shares should be valid until the end of the                                                                  (m metric tons)
quota period ; whereas this form of administration
                                                                                                     Subheading        Subheading
requires close collaboration between Member States                        Member States
                                                                                                    ex 48.01 C II        48.01 E
and the Commission , in which the latter must, in
particular, be able to keep a record of the extent to            Benelux                               6 648                48
which the quota has been used up and inform the
                                                                Germany                               11 478                72
Member States accordingly ;                                      France                                7 408               896
                                                                 Ireland                                1 918              130
Whereas, if at a given date in the quota period a                Italy                                  5 623               36
considerable quantity of a Member State's initial share
remains unused, it is essential that that Member State
should return a significant proportion to the corres­           3 . The second tranche of each quota, i.e. 1 1 025
ponding reserve, so as to avoid a part of any of the            and 393 metric tons respectively, shall constitute the
tariff quotas remaining unused in one Member State              corresponding reserve.
when it could be used in others ;
Whereas, since the Kingdom of Belgium, the                                                     Article 3
Kingdom of the Netherlands and the Grand Duchy of
Luxembourg are united within and jointly represented             1 . If 90 % or more of any of a Member State's
by the Benelux Economic Union, any measure                      initial shares — as fixed in Article 2 (2) — or of that
concerning the administration of the shares allocated           share minus any portion returned to the corres­
to that economic union may be carried out by any                ponding reserve, where Article 5 has been applied, has
one of its members,                                             been used up, that Member State shall forthwith, by
 ---pagebreak--- No L 342/4                             Official Journal of the European Communities                                 11 . 12. 76
notifying the Commission, draw a second share, to the                                      Article 6
extent that the reserve so permits, equal to 1 5 % of its
initial share, rounded off upwards to the next whole              The Commission shall keep an account of the shares
number, if necessary.                                             opened by the Member States pursuant to Articles 2
                                                                  and 3 and, as soon as it has been notified, shall inform
2.     If, after any of its initial shares has been used up,      each State of the extent to which the reserves have
90 % or more of the second share drawn by a                       been used up.
Member State has been used up, that Member State                  It shall inform the Member States, not later than 5
shall, under the conditions laid down in paragraph 1              October 1977, bf the status of each of the reserves
and to the extent that the reserve so permits, draw a             after amounts have been returned thereto pursuant to
third share equal to 7-5 % of its initial share, rounded          Article 5.
off upwards to the next whole number, if necessary.
                                                                  It shall ensure that the drawing which exhausts any of
3.     If, after any of its second shares has been used           the reserves does not exceed the balance available and,
up, 90 % or more of the third share drawn by a                    to this end, notify the amount of that balance to the
Member State has been used up, that Member State                  Member State making the last drawing.
shall, under the conditions laid down in paragraph 1 ,
draw a fourth share equal to the third.                                                    Article 7
This procedure shall apply until the reserve is used              1.     Member     States   shall   take    all    appropriate
up.                                                               measures    to   ensure   that   additional    shares   drawn
4. By way of derogation from paragraphs 1 , 2 and                 pusuant to Article 3 are opened in such a way that
3, Member States may draw shares less than those                  imports may be charged without interruption against
specified therein if there are grounds for believing              their aggregate shares of the tariff quota.
that those specified may not be fully used up. They               2. Member States shall ensure that importers of the
shall inform the Commission of their reasons for                  product in question established in their territory have
applying this paragraph .                                         free access to the shares allocated to them .
                           Article 4
                                                                  3.     The extent to which a Member State has used up
                                                                  its shares shall be determined on the basis of the
Each of the additional shares drawn pursuant to                   imports originating in Portugal as and when the goods
Article 3 shall be valid until 31 December 1977.                  are entered for home use.
                                                                                           Article 8
                           Article 5
Member States shall return to the reserve, not later              At the Commission's request, Member States shall
than 1 October 1977, the unused portions of their                 inform it of imports actually charged against their
                                                                  shares .
initial shares which, on 15 September 1977, are in
excess of 20 % of the initial amounts. They may                                            Article 9
return a greater portion if there are grounds for
believing that such portion may not be fully used up.             Member States and the Commission shall cooperate
                                                                  closely to ensure that this Regulation is complied
Member States shall notify the Commission, not later              with .
than 1 October 1977, of the total quantities of the
product in question imported up to and including 15                                        Article 10
September 1977 and charged against the tariff quotas
and of any portion of their initial shares returned to            This Regulation shall enter into force on 1 January
the reserves .                                                     1977 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 9 December 1976 .
                                                                               For the Council
                                                                                 The President
                                                                               P.J.J. MERTENS