CELEX: 51983PC0399
Language: en
Date: 1983-06-28
Title: Draft COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for rosin (including "Brais résineux") falling within subheading 38.08 A of the Common Customs Tariff (1984) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 399
Vol. 1983/0149
 ---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
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p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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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,
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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,
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 ---pagebreak--- COMMISSION OF THE E U R O P E A N COMMUNITIES
                                                                         COM(83) 3 9 9 final
                                                                         Brussels,   28 J u n e   1983
                                                 Draft
                               COUNCIL REGULATION                (EEC)
       opening,  allocating      and      providing for          the    administration     of   a
       Community t a r i f f quota f o r      rosin       (including      "Brais   résineux")
                   falling     w i t h i n s u b h e a d i n g 3 8 . 0 8 A of  the
                             Common Customs            Tariff       (1984)
                 (submitted to         the    C o u n c i l by t h e     Commission)
 COM(83) 399  final
 ---pagebreak---                       EXPLANATORY      MEMORANDUM
1. The aim of this Memorandum is to present to the Council a draft regulation
   opening, allocating and providing for the administration of an autonomous
   zero-duty Community quota for rosin falling within subheading 38.08 A of
   the Common Customs Tariff (1984).
2. This point was examined at a meeting of the Economic Tariff      Problems
   Group held on 20 April 1983.
   During this   meeting  all of the  Member States were in agreement      on
   opening a tariff quota for 1984, the volume of which would be at the same
   level as in 1983, that is at 12 000 tonnes to avoid upsetting the market
   equilibrium in this product and to guarantee a parallel development in the
   market for Community production as well as supplies to user industries
   under favourable conditions.
3. The breakdown of this quota among the Member States, as proposed by the
   Commission, was based on the import concessions on priority for the last
   three years and the requirements notified by the Member States for 1984,
   taking into account the need to safeguard the Community character of the
   quota while allocating a share to Ireland whose concessions on priority are
   nil.
 ---pagebreak---                                               -2-
ihiports from non-preferential third countries were as follows for 1980,
1981 and 1982 :
                                   1980                  1981                     1982
       Member States
                           tonnes         %       tonnes         %       tonnes     i     %
 Benelux                    3 370       15-93     3 749         31 . 6 9 1 120        16.82
 Denmark                       48        0-23         77         0.65      213         3.20
 Crrmany                    5 527       2612      2 594         21 . 9 3 3 105        46.62
 Greece                        29        0.13          0         0            0        0
 prance                     6 410       30-29     3 062         25 . 8 8   213         3.20
 Ireland                        0        0             0         0            0        0
 Italy                      1 4H6        7 02        204         1 .73      120        1 .80
 United Kingdom             4 2V\       20-28     2 144         18.12    1 889        28.^6
 However, in view of the relatively high tariff quota proposed as compared
  with the need for imports into the Community from non-preferential non-
  Community countries and in view of the fact that the quotas opened in
  1981 and 1982 were not used up, the Commission proposes that the 12 000
  tonnes be divided into two tranches and that 1 000 tonnes be allotted to
  Community reserves to cover the possible needs of Member States which
  have    used       up their     initial share    and to  take  up the    balance of   the
  apparently excessively high shares.
 ---pagebreak---                                                             Draft
                                       C O U N C I L R E G U L A T I O N (EEC)
                opening, allocating and providing for the administration of a Community tariff quota for
                rosin, including 'brais resineux', falling within subheading 38.0S A of the Common
                                                      Customs Tariff (198 4)
T H E C O U N C I L O FT H E E U R O P E A N                            Whereas it is in particular necessary 10 ensure for all
COMMUNITIES,                                                            Community importers equal and uninterrupted access
                                                                        to the abovementioned quota and uninterrupted
Having regard to the Treaty establishing the                            application of the rate laid down for that quota to all
European Economic Community, and in particular                          imports of the products concerned into all Member
Article 28 thereof,                                                     States until the quota has been used up; whereas,
                                                                        having regard to the above principles, the Community
Having regard to the draft Regulation submitted by                      nature of the quota can be respected by allocating the
the Commission,                                                         Community tariff quota among the Member States;
                                                                        whereas, in order to reflect as accurately as possible
Whereas production in the Community of rosin                            the true trend of the market in the products in
falling within subheading 38.08 A of the C o m m o n                    question, such allocation should be in proportion to
Customs Tariff is currently insufficient to meet the                    the requirements of the Member States, calculated by
requirements of the processing industries in the                        reference to the statis'ics for imports from non-
Community; whereas, consequently, Community                             preferential third countries over a representative
supplies of products of this type currently depend to a                 reference period and also to the economic outlook
considerable extent on imports from third countries;                     for the quota period in question;
whereas the most urgent Community requirements
for the products in question should be met
immediately on the most favourable terms; whereas a
nil duty Community tariff quota should therefore be
opened within the limits of an appropriate amount;
whereas, in order not to jeopardize the balance of the                  Whereas, on the basis of the statistics at present
market for this product and to ensure parallel                          available, imports into the Member Stales in 19S?#,
development in outlets for Community production                         19^1 and 19S£. of the product concerned, originating
and satisfactory security of supplies for user                          in these countries, have developed as follows and
industries, the volume of the Community tariff quota                    represent the following percentages of total imports
should be fixed at 12 000 tonnes;                                       into the Community:
                                                    1980                          1981                          1982
                      Member States
                                             tonnes          %                                                      !
                                                                       tonnes          !   %         t onnes               %
               Benelux                       3 370        15 •93      3 749               31 .69     1 120          Î 1 6 .82
               Denmark                          48         0 23              77             0 .65       213         ! 3 .20
               Germany                       5 527       26 12        2 594               21 .93     3 105          \ 46 .62
               Greece                           29          0 .13             0             0              0        ! 0
               France                        6 410       30 29        3 062               25 .88        213         ! 3 .20
               Ireland                           0         0                  0             0              0        :   0
               Italy                         1 486         7 02            204              1 .73       120        ;    1 .80
               United  Kingdom               4 291       20 28        2    144                                     !
                                                                                          18 .12     1 889           2 8 .36
Whereas, taking into account these figures and the                     Germany                    36.88
foreseeable development of the product concerned                       Greece                      0.08
during 198 4, the initial shares may be fixed approxi-                 France                     12.98
mately at the following percentages:                                   Ireland                     0.04
        Benelux                         19.67                          Italy                       5 .04
        Denmark                           1.5 6                        United Kingdom             23.76
 ---pagebreak---                                                         - 2 -
Whereas, in < der to take into account import trends          3.     Within the limits of this tariff quota, Greece
for the proiit ct concerned in the various Member             shall apply duties calculated in accordance with the
States, the quota amount should be divided into two           relevant provisions laid down in the 1979 A c t of
instalments, the first being shared among the Member          Accession.
States and the second constituting a reserve to cover at
a later date the requirements of those Member States
which have used up their initial quota share; whereas,                                     Article 2
in order to give importers in each Member State a             1.     The tariff quota referred to in Article 1 (1) shall
certain degree of security, the first instalment of the       be divided into two instalments.
Community quota might under the circumstances be
fixed at approximately 90 % of the quota volume;              2.     T h e first instalment, amounting to 11 000
                                                              tonnes, shall be shared among the Member States; the
Whereas the Member States' initial shares may be              shares which, subject to Article 5, shall be valid until
used up at different times; whereas, in order to take         31 December 1984, shall be as follows:
                1
this fact inti account and avoid any break in                                                               (tonnes)
continuity, any Member State which has almost used                     Benelux                              2   164
up its initial quota share should draw an additional                   Denmark                                 180
share from the reserve; whereas this must be done by                   Germany                              4 057
each Member State as and when each of its additional                   Greece                                     9
shares is almost used up, and repeated as many times                   France                               1 428
as the reserve allows; whereas the initial and                         Ireland                                    4
additional shares must be valid until the end of the                   Italy                                   554
quota period; whereas this method of administration                    United Kingdom                       2 614
requires close cooperation between the Member
States and thr Commission, and the latter must be in          3.     The second instalment, amounting to             1 000
a position to monitor the extent to which the quota           tonnes, shall constitute the reserve.
volume has been used up and to inform the Member
States thereof;
                                                                                           Article 3
Whereas if, at a given date in the quota period, a             1.     If 90 % or more of any Member State's initial
substantial quantity remains unused, it is essential that     share as specified in Article 2 (2), or 90 °/o of that
that Member State should return a significant pro-            share minus the portion returned to the reserve where
portion to the reserve to prevent a part of any tariff        Article 5 has been applied, has been used up, then, to
quota from remaining unused in one Member State               the extent permitted by the amount of the reserve,
when it could be used in others;                              that Member State shall forthwith, by notifying thè
                                                              Commission, draw a second share equal to 10 % of
                                                               its initial share, rounded up where necessary to the
Whereas, since the K i n g d o m of Belgium, the
                                                               next unit.
Kingdom of the Netherlands and the Grand D u c h y
of Luxembourg are united within and jointly                   2.      If, after its initial share has been used up, 90 %
 represented by the Benelux Economic U n i o n , any
                                                               or more of the second share drawn by a Member
operation relating to the administration of the quota
                                                               State has been used up, then, to the extent permitted
 shares allocated to that Economic U n i o n may be
                                                               by the amount of the reserve, that Member State
 carried out by any of its members,
                                                               shall, in accordance with the conditions laid down in
                                                               paragraph 1, draw a third share equal to 5 % of its
                                                               initial share.
HAS A D O P T E D THIS R E G U L A T I O N :
                                                               3.     If, after its second share has been used up, 90 %
                                                              or more of the third share drawn up by a Member
                                                              State has been used up, that Member State shall, in
                         Article 1                            accordance with the conditions laid down in
                                                               paragraph 1, draw a fourth share equal to the third.
 1.    During the period 1 January to 31 December
 1984, the C o m m o n Customs Tariff duty for rosin,          This process shall continue until the reserve is used
including 'brats résineux', falling within subheading          up.
38.08 A shall be totally suspended within the limits of
a Community tariff quota of 12 000 tonnes.                     4.     By way of derogation from paragraphs 1, 2 and
                                                               3, a Member State may draw shares smaller than
2.     Imports of the product in question benefiting           those fixed in those paragraphs if there is reason to
from the same or lower customs duties under pref-              believe that they might not be used up. It shall inform
erential arrangements shall not be charged against             the Commission of its reasons for applying this
this tariff quota.                                             paragraph.
 ---pagebreak---                                                           - 3  -
                         Article 4                                                     Article 7
The additional shares drawn pursuant to Article 3             1.     The Member States shall take all measures
shall be valid until 31 December 198^.                        necessary to ensure that additional shares drawn
                                                              pursuant to Article 3 are opened i n such a way that
                                                              imports may be charged without interruption against
                         Article 5                            their accumulated shares of the tariff quota.
The Member States shall return to the reserve, not            2.     The Member States shall ensure that importers
later than 1 October 1984, such unused portion of             of   the products in question
their initial shares as, on 15 September 1984 is in
                                                                        have free access to the shares allocated to
excess of 20 % of the initial volume. They may return         them.
a larger quantity if there are grounds for believing
that this quantity may not be used.                            3.    The Member States shall charge the imports of
                                                              the products concerned against their shares as and
The Member States shall notify the Commission, not            when the products are entered with                customs
later than 1 October 1984, of the total quantities of         authorities for free circulation.
the products in question imported up to 15 September
1984 and charged against the tariff quotas and of any         4.     The extent, to which a Member State has used
                                                                                                              :
quantity of the initial shares returned to the reserve.       up its shares shall be determined on he bas. " of the
                                                                                          r
                                                              imports charged u n d c         the conditions set in
                                                              paragraph 3.
                         Article 6
The Commission shall keep an account        of the shares                              Article 8
opened by the Member States pursuant        to Articles 2     A t the Commission's request, the Member States shall
and 3 and, as soon as it is notified,       inform each       inform it of imports actually charged against their
Member State of the extent to which          the reserves     shares.
have been used up.
                                                                                       Article 9
It shall inform the Member States, not later than
5 October 1984 of the amount in the reserve after             The Member States and the Comniisjio.i shall
quantities have been returned thereto pursuant to             cooperate closely to ensure that this Regulation is
Article 5.                                                    complied with.
It shall ensure that the drawing which exhausts any
                                                                                      Article 10
reserve does not exceed the balance available and, to
this end, notify the amount of that balance to the            This Regulation shall enter      ntc force on 1 January
Member State making the last drawing.                         198 4 .
              This Regulation shall be binding in its entirety and directly -pplicablc in nil Member
              States.
              Done at Brussels,
                                                                                     For the Council
                                                                                      The President