CELEX: 51974PC1086
Language: en
Date: 1974-07-15
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for certain plywoods of coniferous species, falling within heading No ex 44.15 of the Common Customs Tariff (1975) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
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DOCUMENTS "COM"
COM (74) 1086
Vol. 1974/0178
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                         THE EUROPEAN                   COMMUNITIES
                                       COM(74)1086 final
                                       Brussels . 15 July 1974
                              Proposal for a
                        PEGULATION ( EEC ) OP THE COUNCIL
            on the opening, allocation and administration of a
         Community tariff quota for certain plywoods of coniferous
            species , falling within heading No ex 44.15 of the
                       Common Customs Tariff ( 1975 )
               ( submitted to the Council "by the Commission)
COïl(74) 1086 final
 ---pagebreak---                                 EXPLANATORT MEMORANDUM
 1 * Protocol No 11 to the Act concerning the Conditions of Accession and the
     Adjustments to the Treaties provides for the opening "by the Community from
      1 January 1974 of autonomous zero duty Community tariff quotas for certain
     plywoods of coniferous species , the volume thereof to be decided annually
     when it is established that all possibilities of supply on the internal
     market of the Community will be exhausted during the period for which the
     quotas are open .    In another context , in the course of the last GATT negotiations ,
     the Community has undertaken to open, for these products , a Community tariff
     quota of 400 000 cubic metres free from customs duties .
2 . This proposed Regulation concerns the Community tariff quotas in question to
     be opened for 1975 and allocated among Menber States .
3 . This matter was dealt with at an advisory meeting of experts from the
     Member States held on 31 May 1974 » at which it became clear that taking
     into account the possibilities of supply on the Community market , which
     are in fact somewhat limited , a*id on the basis of estimates submitted by
     the Member States , tha tariff quotas in question could , as in 1974 » be
     grouped under a single quota of 742 000 cubic metres .      The size of the
     quota , fixed on the basis of provisional estimates , remains of course
     subject to a reexamination of the situation during the quota period,
4 . The method of administration proposed is the same as that usually adopted
     for autonomous Community tariff quotas and consists basically of the
     following:
     - the Betting up of a reserve of 100 000 cubic metres ;
     - the allocation of the first tranche in proportion to the needs expressed
        by Member States ;
     - the charging of imports against Member States' shares as and when the
        products are entered with the customs authorities for home use .
    This method of administration was moreover unanimously agreed by the various
     delegations at the abovementioned    meeting.
      OJ   No L 73 ,  27 March 1972 , p. 170
 ---pagebreak---                                     Proposée!
                     REGULATION (EEC ) No    /74 OP THE COUNCIL
                                 of
       on the opening , allocation and administration of a Community tariff
       quota for certain plywoods of coniferous species , falling within
       heading No ex 44*15 of "the Common Customs 7 Tariff (1975 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 28 and 113 thereof,
Having regard to the proposed Regulation submitted by the Commission ;
Whereas , under Protocol No 11 to the Act of Accession^, the Community is to
open each year two zero duty Community tariff quotas for certain plywoods
of coniferous species falling within heading No ex 44*15 of the Common
Customs Tariff , the volume thereof to be decided annually when it is
established that all possibilities of supply on the internal market of the
Community will be exhausted during the period for which the quotas are open ;
whereas , having regard to the possibilities of supply on the internal market
of the Community and on the basis of forecasts of needs made by the Henber
States .    The volume of the tariff quota to be opened for the year 1975
be . fixed at a level of 742 000                      ,            . ;-
whereas the requirements mentioned above do not include imports to which ,
other preferential tariff treatment may apply , in particular under arrangements
in connection with the European Free Trade Association ; whereas in view of
the relatively small quantities produced in the Community , it is not necessary
to apportion this amount between the categories of plywood specified in the
abovementioned Protocol No 11 ;     whereas the opening of a tariff quota at the
volume stated above also covers the undertaking ciade by the Community in
CATT to concede an annual tariff quota for the same products of 400 000 cubic
metres free of duty ;                                                 •/•
 OJ     No L 73 ,  27 March 1972 , p. 170
 ---pagebreak---                                    - 2 -
Whereas , to take more precise account of future import trends for the
product 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 which have exhausted
their initial shares ; whereas , to give importers some degree of certainty ,
the first tranche of the quota should be fixed at a relatively high level ,
namely 86$of its full amount ; whereas , on the basis of forecasts of needs by the
Member States , the shares may be fixed as follows :
                                              ( in cubio métrés )
                 BeneluX                             75 000
                 Denmark                             85 000
                 Germany                            110 000
                 France                              25 000
                 Ireland                      ,25       000
                 Italy                               22 000
                 United Kingdom                     3°0 000
Whereas Member States may exhaust their initial shares at different rates ;
whereas to avoid disruption of supplies on this . account 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 administration requires close collaboration between . the Member States
1 V ,.         . .                                       •   - ./.       • -
 ---pagebreak---                                      - 3 -
 and the Commission , and the Commission must be in a position to keep account
 of the extent to which the quota has "been used up and to inform the Member
 States accordingly ;
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 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 Ducbyof 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 Economic Union may be carried out by any
one of its members :                               ,
HAS ADOPTED TEIS REGULATION :
                                    Article 1
1 . During the period 1 January to 31 December 1975 a Community tariff quota
    of 742 000 m^ shall be opened in the Community for the following products
    falling within heading No ex 44 . 15 of the Common Customs Tariff :
     (a) plywood of coniferous species , without the . addition of other substances ,
         of a thickness greater than 9 mm , the faces of which are not further
         prepared than the peeling process ;
    (b ) plywood of coniferous species , without the addition of other substances ,
         sanded , and of a thickness greater than 18.5 n®*
2 . Imports of the product in question may not be charged under this tariff
    quota if they are already free of customs duties under other preferential
    tariff treatment applied by certain Member States , in particular under
    arrangements in connection with the European Free Trade Association .
                                                                     •A
 ---pagebreak---                                        - 4
3 . The Common Customs Tariff duty and tho duties applicable to> the new Member
     States shall be totally suspended in respect of importations under the above
     quota .                                                          -
                                     Article 2
1 . The quota provided for in Article l(l ) shall be divided into two tranches .
2 . A first tranche of 642 000      shall be allocated among the Member States .
     The shares , which subject to Article 5 shall be valid until 31 December
     1975 , shall be as follows :
                                                 ( in cubic métrés )
                       Bénélux                           75 000
                       Denmark                           85 000
                       Germany                          110 000
                       France                            25 000
                       Ireland                           25 000
                       Italy                           " 22 000
                       United Kingdom                   300 000
3 . The second tranche .• of 100 000 m , shall constitute a reserve.'
                                     Article 3
1 . As soon as a Member State has used SOy0 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 » it shall forthwith , by notifying the
 ---pagebreak---     Commission , draw a second share , "to the ertent tha"t the reserve so
    permits , equal to 1C$ of its initial share , rounded up where necessaiy
    to the next whole number .
2 . As soon as a Member State , after exhausting its initial share , has used
    9Q$ or more of the second 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 5$ of its initial share .
3 . As soon as a Member State , after exhausting its second share , has used
    SQP/a 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 1,2 and 3 , a Member State may draw
    shares lower than those specified in those paragraphs if there are grounds
    for believing that those specified may 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 drawn pursuant to Article 3 shall be valid until
31 December 197 5»
                                    Article 5
A Member State which on 15 September 1975 has not exhausted its initial
share shall not later than 10 October 1975 return to the reserve any unused
 ---pagebreak---                                      - 6 -
portion in excess of 20$ of the initial amount .    It may return a greater
portion if there are grounds for "believing; that such portion may not be
used in full .
Member States shall , not later than 10 October 1975 » notify the Commission
of the total quantities of the product in question imported up to and
                                 r            »                          *
including 15 September 197 5 ancL charged against the Community quota and of
any portion of their initial shares returned to the reserve .
                                   Article 6
The Commission shall keep an account of th® shares opened by the Member
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 15 October 1975 » 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 t<? this end shall
notify the amount of that balance to th© Member State making the last drawing#
                                   Article 7
1 . Every Member State shall take all appropriate measure ? to ensure that
    shares drawn pursuant to Article 3 are opened in such a way that
    importations may be charged without interruption against its accumulated
    share of the Community quota..  :
 ---pagebreak---                                       - 7 -
 2 . Every Member State shall ensure that importers of the product in question
     established in its territory have free access to the shares allocated
     to it .
3 . Every Member State shall charge importations of the product in question
     against its share as and when the product is entered with the customs
     authorities for home use ,
4 . The extent to which a Member State has used up its share shall be
     determined on the basis of the importations charged against that share
     in accordance with paragraph 3 .
                                   Article 8
Every Member State shall notify the Commission at regular intervals of the
importations charged against it3 share .
                                   Article 9
The Member States and the Commission shall cooperate closely to ensure that
this Regulation is complied with .
                                   Article 10
This Regulation shall enter into force on 1 January 1975 *
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,
                                                    For the Council
                                                     The Président