CELEX: 51975PC0276
Language: en
Date: 1975-06-11
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 (1976) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 276
Vol. 1975/0097
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(75)276 final
                                                       Brussels , 11 June 1975
                              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 Ho ex 44.15 of the Common Customs Tariff (1976)
              ( submitted to the Council "by the Commission)
COM(75) 276 final
 ---pagebreak---                                EXPLANATOHT 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 oubio metres free from customs duties .
2 . This proposed Regulation concerns the Community tariff quotas in question to
     be opened for 1976 and allocated among Ileriber States .
3 . This matter was dealt with at an advisory meeting of experts from the
     Member States held on 16 April 1975 , at which it became clear that taking
     into account the possibilities of supply on the Community market , which
     are in fact somewhat limited , and on the basis of estimates submitted by
     the Member States , tha tariff quotas in question could, as in 1974 .      1975 , "be
     grouped under a single quota of 650 000 cubic metres .     The size of the
     quota , fixed on the basis of provisional estimates , remains of course
     sub jeot 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 setting up of a reserve of 20 200 oubio 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 which was moreover already used for 1975 , bas
    been discussed in the course of the above meeting \*ith Member States * experts,
    who considered that it could be maintained for 1976 .
      OJ   No L 73 ,  27 March 1972 , p . 170,
 ---pagebreak---                                  Propoéed
                  REGULATION (ESC)           OF THE COtfNCIL
    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 (1976 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES , '
Having regard to the Treaty establishing the European Economio Community ,
and in particular Articles 23 and 113 thereof,
Having regard to the proposed Regulation submitted by the Commission ;
Whereas , under Protocol Ho 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 nade by the Member
States . The volume of the tariff quota to be opened for the year 1976 ney
be fixed at a level of 650 000       whereas the opening of a tariff quota at
the volume" stated above also covers the undertaking made by the Community in
GATT to concede an annual tariff quota for the same products of 400 000 cubic
metres free of duty ;
Whereas the requirements mentioned above do not include imports to whioh
other preferential tariff treatment may apply ; 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 speoified in the
abovementioned Protocol No 11 ;
10J No L 73 , 27 March 1972 , p * 170.
 ---pagebreak--- Whereas , to take more precise account of future import trends for the
product concerned , the quota should bo 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 97 fo of its full amount ;   whereas , on the basis of forecapts of needs by
Member States , the shares may be fixed as follows ?
                                                 ( in cubic métrés )
                  3enclux                               8 5 OOQ
                  Denmark                               74 000
                                                                      /
                  Gsrmany                              110 000
                  France                                 25 000
                  Irei and                              10 000
                  Italy                                  25 000
                  United Kingdom                       300 000
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 6hare , 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 recruires close collaboration between the Member States
 ---pagebreak---                                        - 3 -
  and the Commission, and the Commission must he 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 UBed 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 Duciyof 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 Economio Union may be carried out by any
 one of its members ;        '      .
HAS ADOPTEE TKIS REGULATION:
                                      Article 1
                                                         ?
1 . During the period 1 January to 31 December 197 " a Community tariff quota
    of 650 000 m shall be opened in the Community for the following products
    falling within heading No ex 44»15 of the Common Customs Tariffs
     (a) plywood . of coniferous species , without the addition of other substances ,
         of a thickness greater than 9 mm , the faoes 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 mm.
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
                                                                     «/•
 ---pagebreak--- 3 .. The Common Custons Tariff duty and t ho duties applicable to' the new lleriber
     States shall be total ?./ 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 *
                                  "5
2 . A first tranche of 629 oOO m shall be allocated among the Member States .
     The shares , which subject to Article 5 shall be valid until 31 Deoembor
     1976 , shall be as follows ?
                                                 ( in cubic métrés )
                       Bénélux                           85 000
                       Denmnrk                           74 800
                       Germany                          110 000
                       France                            25 000
                       Ireland                           10 000
                       Italy                             25  000
                       United Kingdom                   300 000
3 . The second tranche , of 20 200 m , shall constitute a reserve .
                                     Article 3
1 . As scon as a Member State has used SOp or more of its initial share as
     fixed in Article 2(2 ), or of that share minus any portion returned to
     the resorve pursuant to Article 5 * it shall forthwith , by notifying the
 ---pagebreak---                                           -5
        Commission , draw a second share , to the extent that the reserve so
        permits , equal to 10$ of its initial share , rounded up where necessaiy .
        to the next whole number .                                      ,
    2 . As Boon as a Member State , after exhausting its initial share , has used
        $Of0 or more of the Becond share drawn "by it , that Member State shall
        forthwith , in the manner and to the extent provided in paragraph 1 , draw
        a third share equal to 5$ of its initial share .
                                                N                     ]
                                        \
   3 . As soon as a Member State , after exhausting its second share , has used
        $0/o 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 them those specified in those paragraphs if there axe 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 1976.               .
                                        Article 5                • \
  The ileinber States shall return to the reserve , riot later than
  1 October 1976 , the unused portion of their initial share which,
  on 15 September 19l6 f is in excess of 20 $ of the initial amount .           1   4
  They may return a greater portion if there are grounds for
. believing that such portion may not be used in full .
 ---pagebreak--- Member States shall , not later than 1     October 197 6j notify the Commission
 of the total quantities of the product in question imported up to and
 including 15 September 1976 and- charged against tho Community quota and of
 any portion of their initial shares returned to the reserve .
                                     Article 6
The Commission shall keep on account of th® shares opened by the Member
States' pursuant to Articles 2 and 3        Bhall , as soon as tho information
reaches it , inform eaoh State of the extent to which the reserve has been
used up .
It shall, not later than   5 October 1976 , inform the Member States of the
amount still in reserve    following any return of shares pursuant to
Article 5 »
It shall ensure that when on amount exhausting the reserve is drawn the
amount so drawn does not exceed the balance available , and to this end shall
notify the amount of that balance to the Member State making the last drawing .
                                   ■ Article 7
1 . Every Member State shall take all appropriate measures 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 acoess 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 custome
       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 2 *
                                      , Article 8
  Every Member State shall notify the Commission at regular intervals of the
  importations charged against its share *
                                        Article 9
  The Member States and the Commission shall cooperate olosely to ensure that
  this Regulation is complied with#                  . .
                                        Article 10
 This Regulation shall enter into force on 1 January 1916 ,
i                                 *
This Regulation shall be binding in its entirety and direotly applicable
 in all Member States .
                                    '   ' ' • •  i '                ,
Don© at Brussels ,
                                                         For the Council
                                                          The Président  '