CELEX: 51973PC1208
Language: en
Date: 1973-07-25
Title: DRAFT REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a supplementary Community tariff quota for newsprint falling within sub-heading No 43.01 A for 1973#DRAFT REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a supplementary Community tariff quota for ferro-silico-manganese falling within sub-heading No 73.02 D for 1973 (submitted to the Council by the Commission)

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COM (73) 1208
Vol. 1973/0224
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(73)1208 final
                                                           Brussels , 25 July 1973
                      DRAFT REGULATION ( EEC) OF THE COUNCIL
        on the opening , allocation and administration of a supplementary
              Community tariff quota for newsprint falling within
                         sub-heading No 43.01 A for 1973
                      DRAFT REGULATION ( EEC ) OF THE COUNCIL
        on the opening, allocation and administration of a supplementary
           Community tariff quota for ferro-silico-manganese falling
                      within sub-heading No 73.02 D for 1973
                  ( submitted to the Council by the Commission)
  COM(73) 1208 final
 ---pagebreak---                            Explanatory Memorandum
1.    The draft Regulations annexed hereto have been prepared in response
to requests from various Member States for the autonomous increase of the
1973 Community tariff quotas for newsprint and ferro~silico–manganese .
2.    Those requests have been studied , particularly during a consultation
meeting of experts from all the Member States which was held on 7 June 1 97 3 s
in the light of the economic information and forecasts supplied by the
relevant departments .  It should be noted in this connection -- as the
Commission previously stated in item 2 of the Explanatory Memorandum annexed
to its letter of 7 November 1968 (document R/l 951 /68 -■ TDC S90 ) and again
in item 7 of the Explanatory Memorandum annexed to its letter of
30 September 1969 ( document R 1707/69 - TDC 54 --) that , as regards autonomous
Community tariff quotas , it is not enough merely to open systematically
a quota equal in volume to estimated import needs from third countries .
Quotas thus calculated are in fact likely to disturb Community production
in the sector in question or even to discourage possible expansion' in that
sector .  These views have been given particular weight in the case of the
draft Regulation on ferro-silico- -manganese .
For these reasons the volumes fixed in the draft Regulations opening
autonomous Community tariff quotas correspond to the volumes requested by
the Member States concerned or are slightly beloii them .
3.    Except in the case of newsprint , the proposed provisions for the
administration of the quotas , which include in particular the establishment
of a reserve , do not call for any special remarks , since they do not differ
from those already proposed and adopted by the Council in respect of the
autonomous increase in the quota for that ferroalloy for previous years .
 ---pagebreak--- 4 * As regards newsprint , for the reasons set out in the last subparagraph of
     item 6 of the Explanatory Memorandum annexed to its letter of 10 December 1963
     ( see document H/2204/63 - TDC 103 -) and repeated in item 3 of its letter
     of 30 September 19^9 (document R/1707/69 - I^DC 54 --)» the Commission still
     considers that it would be incompatible with the nature of the quota to
    allocate it definitively among the Member States . If a reserve had been
     constituted in the past it would have been possible to adjust during the
    trading year the quota-shares allocated to Member States which were uncertain
     of obtaining steady supplies ; it would also have been possible to avoid
    granting tariff quotas which under Article 23 were in effect national quotas ,
     such action having proved in the event to have not always been necessary .
    For these reasons it is proposed that this increase should be effected by a
    Regulation laying down its own provisions for allocation and administration
    which , while meeting the request received , include in particular the
    establishment of a reserve .
    5.     As regards the quota duty on newsprint , the Community stated ,
     (text llord 4 of document NCG(67 ) 44 rev. ) in a letter to the nordic
    delegation , that it had decided to grant a duty-free tariff quota each year
    \inder Article 28 of the Treaty of Rome when it is established that all
    possibilities of supply on the internal market of the Community have been
    exhausted during a given trading year and after the 625 000 metric ton duty-:'
    free quota , bound under GATT , has been entirely used up .
    As for the proposed quota duties for the increased ferro-silico-manganese
    quota, they axe the same as those adopted by the Council for the 1972 increase
    in the quota for this product .
 ---pagebreak---                                                               ANNEX A
                                        DRAÏT
                REGULATION ( EEC )             OF THE COUNCIL '
          on the opening , allocation and administration of a supplementary
          Community tariff quota for newsprint falling within sub­
          heading No 48.01 A for 1973
THE COUNCIL OP HIE EUROPEAN CGIMJNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 28 thereof ;
Having regard to the draft Regulation submitted by the Commission ;
                                                 A
Ijhereas by Council Regulation (EEC ) No 2738/72 of 19 December 1972 the Council
opened and allocated among the Member States a Community tariff quota of
1 160 000 metric tons of newsprint for 1973 , which quota comprises a con­
ventional quota volume of 625' 000 metric tons and an autonomous quota volume
of 535 000 metric tons ;
Whereas , in view of current Community production potential , the above-mentioned
1 160 000 metric ton quota volume will not suffice to cover Community import
requirements for newsprint from third countries ;    whereas it is therefore
desirable to open a supplementary Community tariff quota for a volume which
may at present , in view of the estimates made by each of the Member States ,
be set at 110 000 metric tons ;    whereas this volume , the result of a
conservative estimate of the situation , does not however exclude the possi­
bility of an adjustment during the tariff period ;
  OJ No L 291 , 28 December 1972 , p . 133 .
 ---pagebreak---                                                              AMJEX A
Whereas in 1973 the new Member States do not have to make any movement to­
wards alignment of the national tariffs on the Common Customs Tariff as
regards the products in question ;   whereas the opening of a Comnrunity tariff
quota thus involves no obligation for the new Member States to modify their
customs tariffs as regards third countries ;     whereas therefore it should "be
provided that only the Member States of the Community as originally consti­
tuted should use the tariff quotas and count against their quota shares products
imported both from third countries and from the new Member States ;     whereas
the Community tariff quota must reflect the terms specified above ;
Whereas equal and continuous access to the quota should be ensured for all
Community importers and the rate of levy for the tariff quota should be
applied consistently                         to all imports of the product in
question until the quota is used up ;   whereas , in tho light of the principles
outlined above , a Community tariff arrangement based on an allocation between
the Member States would seom to preserve the Community nature of the quota ;
whereas to represent as closely as possible the actual development of the
market in the product in question the allocation should follow proportionr-
ately the requirements of the Member States calculated both from ' statistics
of imports from third countries during a representative reference period
and from the economic outlook for the tariff year in question ;
Whereas , in view of the statistics for 1969-71 and of market forecasts for
newsprint for 1973 f the percentage shares in the above-mentioned tariff
quota of 1 160 000 metric tons are as follotvs :
                              Germany     57 • 6
                              Bénélux     21.8
                              Prance      19.8
                              Italy        0.8
 ---pagebreak---                                                             AHKEX A
 Whereas , since the quota in question is an autonomous Community tariff
 quota which is intended to cover supplementary import needs arising within
 the Community , allocation of the supplementary quota volume may be "based
 on the true needs expressed by each of the Member States ; whereas Germany ,
 the Benelux and France have communicated supplementary needs of some
 3 000 , 62 000 and 37 000 metric tons respectively ; as for Italy , the
 extent to which the quota-share allocated to it in the quota opened by
 the above- -mentioned Regulation has been used up and the most recent economic
 information and statistics available would not at present justify its
 participation in the proposed increase in the Community quota tariff ;
whereas , should further needs later arise in that Member State , however ,
 it could always invoke Article 3 of this Regulation ; whereas this system
 of allocation also permits the Common Customs Tariff to be applied
uniformly ;
■Whereas , to take account of future trends of imports into the Community of
 the product under consideration , the supplementary quota volume should be
divided into two tranches , the first being allocated
who have made requests , according to their true supplementary needs and the
 second held as a reserve to cover at a later date the requirements of these
Member States , should they use up their new quota share , and any Italian
requirements which may arise ;
 fthereas the quota shares of Member States may be used up more or less
quickly ; whereas , therefore , to avoid disruption of supplies any Member
 State which has almost used up its initial quota share , must draw a ;
 supplementary quota-share from the reserve ; whereas this must be done
by each Member State as each one of its supplementary quota-shares is
 almost used up , and as many times as the reserve alloifs ; whereas the
 initial and supplementary quota-shares must be valid until the end of the
 quota period ; whereas this form of administration requires close
 collaboration between the Member State-s and the Commission , and the
 ---pagebreak---                                    - 4 -
                                                           AMEX A
Commission must "be in a position to follow the extent to which the quota
volume has "been used up and inform the Member States thereof;
Whereas if , at a given date in the quota period , a considerable quantity
of the initial quota share is left over in a Member State , it is essential
that each state should return a significant proportion to the reserve ,
to prevent a part of the Community tariff quota from remaining unused in
one Member State while it could be used in others 5
Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands and
the Grand Duchy of Luxembourg are jointly represented by the Benelu::
Economic Union any measure concerning the administration of the quota-shares
allocated to that economic union may be carried out by one of its members ;
HAS ADOPTED THIS KEGULATI0I7 :
                                  Article 1
Until 31 December 1573 the Common Customs Tariff duty on newsprint falling
within subheading Ho 48.01 A shall be totally suspended up to a supplemen­
tary Community tariff quota of 110 000 metric tons .
                                  Article 2
1.  A first tranche of 107 000 metric tons shall be allocated among certain
Member States ;  the quota-shares for these Member States , which , subject to
Article 6 , shall be valid until 31 December 1 973 » shall be as follows :
                      Germany         8 000 metric tons
                      Bénélux        62 000 metric tons
                      France         37 000 metric tons
 ---pagebreak---                                                              AiaiEX A
2.   The second -tranche , of 3 000 metric tons , shall constitute a reserve .
                                    Article 3
If needs for newsprint arise in Italy , that Member State may , to the extent
that the reserve is sufficient , draw an adequate quota-share from the
reserve .
                                    Article 4
1.   If 90yo °r more of the initial quota-share as defined in Article 2(1 ) of
any of the Member states specified in Article 2 , or of that share minus
the portion returned to the reserve where Article 6 is applied , has boen
used up , that Member State shall without delay , by notifying the Commission ,
draw a second quota–share , to the extent that the reserve is sufficient ,
equal to 10£ of its initial quota-share .
2.   If s after its initial quota-share has been used up , SOfo or more of the
second quota-share drawn by the Member State have been used up , that Member
State shall , in accordance with the provisions of paragraph 1 , draw a third
quota-share equal to 5/t of its initial quota-share .
3.   If , after its second quota-share has been used up , 9O/0 or more of the
third quota -share drawn by the Member State has been used up , that Member
State shall , in accordance with the provisions of paragraph 1 , draw a
fourth quota- share equal to the third .
Talis process shall apply by analogy until the reserve is used up .
4.   Ey way of derogation from paragraphs 1 to 3 , a Member State may draw
quota-shares lower than those fixed in those paragraphs if there are grounds
for believing that those fi^ed may not be used up .     It shall inform the
Commission of its reasons for applying this paragraph .
 ---pagebreak---                                                            mmx A
                                 Article 5
Supplementary quota-shares drawn pursuant to Article 4 shall be valid until
31 December 1973 .
                                 Article 6
Any of the Member States specified in Article 2 which on 15 November 1973
has not used up its initial quota-share shall return to the reserve not
later than 10 December 1973 the unused portion exceeding 20fo of the initial
amount .  It may return a greater portion if there are grounds for believing
that it may not be used up .
Member States shall , not later than 10 December 1973 , notify to the Commission
the total quantities of the product in question imported up to and including
15 November 1973 and counted against the Community quota and any quantities
returned to the reserve .
                                Article /
The Commission shall keep an account of the quota-shares opened by the
Member States jur.suant to Articles 2 , 3 and 4 and shall , as soon as
information reaches it , inform each state of the extent to which the
reserve has been used up .
It shall , not later than 15 December 1 973 » inform the Member States of the
amount still in reserve after returns have been made pursuant to Article 0 .
It shall ensure that the drawing which uses up the reserve is limited to
the balance available and to this end shall sp<ecify the amount thereof
to the Member State making the last drawing .
 ---pagebreak---                                     - 7 -
                                                                  AÎTÎ7EX A
                                  Article 8
1 . I-lember States shall take all measures necessary to ensure that there is
uninterrupted access to their cumulative share of Community tariff quota
when they open additional quota-shares drawn pursuant to Article 3 or 4 »
2 . Member States shall take all measures necessary to ensure that
importers of the product in question established in their territory have
free access to the quota-shares allocated to them .
3.  The e;rtent to which a Member State has used up its quota-share shall
be based on the quantities of the product in question imported both from
third countries and from the new Member States and presented for customs
clearance under the declaration for consumption .
                                  Article 9
Member States shall regularly inform the Commission of imports
            actually counted against their quota-shares .
                                  Article 10
Member States and the Commission shall cooperate closely to ensure tnat
the preceding Articles are observed .
                                  Article 11
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
*                    »     V . ^     .1     » »• • • » « 4. . . .    .V » * .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                                 For the Council
                                                    The President
 ---pagebreak---                                                                 AEN3X B
                                  • : . DRiFT  .
                  REGULATION (EEC )                OF THE COUNCIL
    on the opening , allocation and administration of a supplementary
    Community tariff quota for ferro- silico-manganese falling within
    subheading No 73*02 D for 1973
THE COUNCIL OP THE EUROPEAN COMIUITITTES ,
Having regard to the Treaty establishing the European Economio Community ,
and in particular Article 28 thereof;
Having regard to the draft Regulation submitted by the Commission ;
Whereas by Council Regulation (EEC ) No 2730/72*' of 19 December 1972 the
Council opened and allooated among the Member States , for the year 1973 , a
duty-free conventional Community tariff quota of 50 000 metric tons of
ferro- silico-manganese falling within' subheading No 73.02 D of the Common
Customs Tariff ;
Whereas in view of current Community production potential , the above
mentioned 50 000 metric ton quota volume will not suffice to cover
Community import requirements for ferro- silico-oanganese from third
                                                 1
countries ;  whereas it is therefore desirable to open a supplementary
Community tariff quota for a volume whioh , in view of the need not to
jeopardize future expansion of this Community production ( sector ), should
be restricted to 25 000 metric tons ;      whereas for the same reasons , the
quota duty should be set at 4*1°%
Whereas in 1973 the new Member States do not have to make any movement to­
wards alignment of the national tariffs on the Common Customs Tariff as
regards the products in question ;      whereas the opening of a Community
tariff quota thus involves no obligation for the new Member States to
notify their customs tariffs as regards third countries ;       whereas therefore
it should be provided that only the Member States of the Community as
originally constituted should use the tariff quotas and charge against
  OJ No L 291 , 28 December 1972 , p.64 .
 ---pagebreak--- their quota shares products imported both from third countries and from the
new Member States ;   whereas the Community tariff quota must reflect the
terms specified above ;
Whereas equal and continuous access to the quota should be ensured for all
Community importers and the rate of levy for the tariff quota should be
applied consistently                        to all imports of the product in
question until the quota is used up ; whereas , in the light of the
principles outlined above , a Community tariff arrangement based on an
allocation between the Member States would seem to preserve the Community
nature of the quota ;   whereas to represent as closely as possible the
actual development of the market in the produot in question the
allocation should follow proportionately the requirements of the Member
States calculated both from statistics of imports from third countries
during a representative reference period and from the economic outlook for
the tariff year in question ;
Whereas in view of the statistics for 1969-71 and of market foreoasts for
ferro-silico-manganese for the eurrent year the percentage shares in the
50 000 metric ton quota volume opened by the abovementioned Regulation are
as follows :
                           Germany          87.24
                           Bénélux           8.72
                           France            0.21
                           Italy             3.83
 ---pagebreak---                                       -3-
Whereas , since  the quota in question is an autonomous Community tariff
quota which is   intended to cover supplementary import needs arising within
the Community ,  allocation of the supplementary quota volume may "be based on
the true needs   expressed by each of the Member States;' whereas Germany and
the three Member States constituting the Benelux Economic Union have
communicated supplementary needs of some 30 000 metrio tons and 4 380 metric
tons respectively ; as regards the other Member States , the extent to which
the quota shares allocated to them in the initial 50 000 metric ton quota
opened by the abovementioned Regulation has been used up and the most
recent economic information and statistics available would not at present
justify their participation in the proposed increase in the Community
tariff quota ; whereas , should further needs later arise in .those Member
States , however , they could always invoke Article 3 of this Regulation ;
whereas this system of allocation also permits the Common Customs Tariff
to be applied uniformly ;
Whereas , to take -account of future trends of imports
                of the product under consideration , the total quota volume
should be divided into two tranches , the first being shared between
Germany and the Benelux and the second held as a reserve to cover at a
later date the requirements of these . Member States , should they use up
their    new    quota share ,and any further needs arising in other Member
States ;  whereas to give Member State importers some certainty and to make
it possible to sell Community production without difficulty, the first
tranche of the Community quota should be fixed at 22 000' metric tons ;
Whereas the initial quota shares of Member States may be used up more or
less quickly ; whereas , therefore , to avoid disruption of supplies any
Member State which has almost used up its initial quota share , must draw
a supplementary quota- share from the reserve ; whereas this must be done
                                                                    • # •/ • • •
 ---pagebreak--- by each Member State as each one of its supplementary quota– shares is
almost used up , and as many times as the reserve allows ;     whereas the
initial and supplementary quota-shares must be valid until the end of the
quota period ;   whereas this form of administration requires close
collaboration between the Member States and the Commission , and the
Commission must be in a position to follow the extent to which the quota
volume has been used up and inform the Member States thereof ;
Whereas if , at a given date in the quota period , a considerable quantity of
the initial quotas-share is left over in a Member State , it is essential
that each state should return a significant proportion to the reserve , to
prevent a part of the Community quota from remaining unused in one Member
State while it could be used in others ;
Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands and the
Grand Duchy of Luxembourg are jointly represented by the Benelux Economic
Union any measure concerning the administration of the quota- shares
allocated to that economic union may be carried out by one of its
members ;
MS ADOPTED THIS REGULATI01T :
                                   Article 1
Until 31 December 1973 the Common Customs Tariff duty on ferro-silico-
manganese falling within subheading Ho 73.02 D shall be suspended up to 4$
on a supplementary Community tariff quota of 25 000 metric tons .
                                   Article 2
1 . A first tranche of 22 000 metrio tons shall be allocated among certain
     Member States ;  the quotas-shares for eaoh Member State j which , subject
     to Article 6 , shall be valid until 31 December 1973 , shall be as
   . follows :
                            Germany           18 920 metric tons
                            Bénélux            3 080 metrio tons
 ---pagebreak---                                        -5-
2 . The second, tranche , of 3 000 metric tons , shall constitute a reserve .
                                  Article 3
                                                   s
If needs for ferro-silico-manganese arise in Prance or Italy , those Member
States may , to the ertent that the reserve is sufficient , draw an
adequate quotas-share from the reserve . .
                                  Article 4
1 . If 90% or more of the initial quotas-share as defined in Article 2(1 ) of
any of the Member States specified in Article 2 , or of that share minus the
portion returned to the reserve where Article 6 is applied, has "been used
up , that Member State shall without delay, "by notifying the Commission ,
draw a second, quota-share , to the extent that the reserve is sufficient ,
equal to 10$o of its initial quotas-share .
2 . If, after its initial quota-share has "been used up , $Ofo or more of the
second quota-share drawn "by either of the Member States have been used up ,
that Member State shall without delay , in accordance with the provisions of
paragraph 1 , draw a third quotas-share equal to 3% of its initial quotas-
share .
3 . If , after its second quotas-share has been used up , JCffo or more of the
third quota/- share drawn by either of the Member States has been used up ,
that Member State shall , in accordance with the provisions of paragraph 1 ,
draw up a fourth quotar- share equal to the third .
This process shall apply by analogy until the reserve is used up .
4 « By way of derogation from paragraphs 1 to> 3 , the Member States in
question may draw quotar-shares lower than those fixed in those paragraphs
if there are grounds for believing that those fixed may not be used up .
They shall inform the Commission of their reasons for applying this
paragraph .
                                                                     m • •/•••
 ---pagebreak--- Supplement ary quota-shares drawn pursuant to Article 4 shall be valid
until 31 December 1973 *
                                 Article 6
Either of the Member States specified in Article 2 which on 15 November
1973 has not used up its initial quota-share shall return to the reserve
not later than 10 December 1973 the unused portion exceeding 20$ of the
initial amount .   It may return a greater portion if there are grounds for
believing that it may not be used up .
Member States shall , not later than 10 Dcoember 1973 t notify to the
Commission the total quantities of the product in question imported up to
and including 15 November 1973 and counted agr.inst the Community quota and
any quantities returned to the reserve .
                                 Article 7
The Commission shall keep an account of the quota-shares opened by the
Member States pursuant to Articles 2 , 3 and 4 and shall , as soon as
information reaches it , inform each state of the extent to which the
reserve has been used up .
It shall , not later than 15 December 1973 , inform the Member States of the
amount still in reaerve after returns have been made pursuant to Article 6 .
It shall ensure that the drax-ring which uses up the reserve is limited to
the balance available and to this end shall specify the amount thereof to
the Member State making the la,st drawing .
                                 Article 8
1 . Member States shall talce all measures necessary to ensure that there is
    uninterrupted access to their cumulative shares of Community tariff quota
 ---pagebreak---     when they open additional quotas-shares drawn pursuant to Article 3 or 4
2.  Each Member State shall ensure that importers of the product in
    question established in its territory have free access to the quota-
    shares allocated to it .
3.  Member States shall count imports of the produot in question both from
    third countries and from new Member States against their quotas-share as
    the product is presented for customs clearance under the declaration
    for consumption .
4.  The extent to which a Member State has used up its quotas-share shall be
    based on imports counted against it in accordance with paragraph 3 «
                                Article 9
Member States shall regularly inform the Commission of imports
          actually counted against their quotas-shares .
                                Article 10
Member States and the Commission shall cooperate closely to ensure that
the preceding Articles axe observed .
                                Article 11
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and direotly applicable
in all Member States .
Done at Brussels .
                                                For the Council
                                                The President