CELEX: 51983PC0646
Language: en
Date: 1983-11-03
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for newsprint falling within subheading 48.01 A of the Common Customs Tariff (1984) and extending this quota to include certain other types of paper (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 646
Vol. 1983/0237
 ---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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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
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM (83) 646 final
                                                Brussels, 3 November 1983
                                 Proposal for a
                            COUNCIL REGULATION (EEC)
        opening, allocating and providing for the administration of a
       Community tariff quota for newsprint falling within subheading
    48.01 A of the Common Customs Tariff (1984) and extending this quota
                   to include certain other types of paper
                 (submitted to the Council by the Commission)
COM(83) 646 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
 1. At the Last multilateral GATT negotiations, the Community undertook to
     open annually a nil-duty Community tariff quota for 1 500 000 tonnes
     of newsprint falling within subheading 48.01 A of the Common Customs
     Tariff.
     However, as from 1 January 1984 newsprint originating in the EFTA-countries
     can be imported duty free as a result of agreements concluded with these
     countries. The aforesaid quota must therefore be reduced to a level
    which needs to be determined.
    Moreover, Protocol No 13 annexed to the Act of Accession also provides
    for the opening of an autonomous Community tariff quota for this pro­
    duct when it has been established that all possibilities of supply on
    the internal market of the Community have been exhausted during the
    period for which the quota is opened.
2. Pending evaluation of the volume of requirements to be covered by the
    tariff quota in question on the basis of trade flows or négociations,
    this volume should be fixed at a provisional level, made up of a
    contractual part and an autonomous part, which might be as much as
    500 000 tonnes in view of past imports. This amount, calculated from
    cautions estimates, can be reviewed as required during the quota period.
    This caution is justified all the more in the present case because
    account should be taken of the uncertainties regarding the levels
    of consumption, production and imports from EFTA and third countries,
    as well as of the need to ensure parallel development of the flow
    in Community production and of supplies for the consumer industries
    on satisfactory terms.
3. The tariff quota is allocated in accordance with the method which has
   normally been applied : allocation is based on past import figures and
   on estimates for the quota year in question.
 ---pagebreak---                                    - 2 -
   Furthermore, in view of the size of the quota proposed from the start,
   the Commission considers that it would be contrary to the Community
   nature of this quota to divide it up into shares allocated definitively
   to all the Member States. It therefore proposes a system of administra­
   tion based on the establishment of a Community reserve limited to 10 %.
4. Pending a definitive decision on the problem of watermark criteria,
   contained in the Additional Note to Chapter 48, it is proposed to renew
   for 1984 the possibility for the Member States to charge against the
   quota concerned other types of paper which, leaving aside the criteria
   of watermarks, correspond to the definition of newsprint to be found
   in the abovementioned Additional Note.
 ---pagebreak---                                          Proposal for a
                                 COUNCIL REGULATION (EEC)
                opening, allocating and providing for the administration
                of a Community tariff quota for newsprint falling within
                subheading 48.01 A of the Common Customs Tariff (1984)
                and extending this quota to include certain other types
                of paper
    THE COUNCIL OF THE EUROPEAN COMMUNITIES,
    Having regard to the Treaty establishinn the European Economic Commu­
    nity, and in particular Articles 28 and 113 thereof,
    Having regard to the proposal from the Commission,
    Whereas the Community has undertaken to open an annual duty-free
    Community tariff quota of 1 500 000 tonnes of newsprint falling
    within subheading 48.01 A of the Common Customs Tariff ;
    whereas this volume must however be reduced to allow for imports
    from the countries of the European Free Trade Association (EFTA)
    since these imports can be effected duty free as from 1 January 1984
   by virtue of the agreements concluded with these countries ; whereas
    in a c c o r d a n c e with Protocole 13 annexed to the 1972 Act of Accession (1),
   each year an autonomous Community tariff quota is to be opened at zero
   duty when it has been established that all possibilities of supply
   on the internal market of the Community have been exhausted during
   the period for which the quota is opened ; whereas pending evaluation
   of volume of requirements to be covered by the quota in question on the
   basis of trade flows, this volume should be fixed at a provisional
   level made up of a contractual part and an autonomous part, which
   might be as much as 500 000 tonnes in view of past imports ; whereas
   the fixing of the quota volume at this level does not rule out a
   readjustment during the quota period ; whereas a duty free Community
   tariff quota of 500 000 tonnes should therefore be opened for 1984 ;
                                                                           ... / ...
0J No L 73, 27.3.1972, p. 171.
 ---pagebreak---                                                       - 2 -
 Whereas provision should be made for extending the
 tariff quota in question to include certain types of
 paper fulfilling all the conditions set out in the Addi­
 tional Note to Chapter 48 except those relating to
  water marks ;
  Whereas equal and continuous access to the quota
  should be ensured for all Community importers and
  the rate of duty for the tariff quota should be applied
 without interruption to all imports of the product in
 question until the quota is exhausted ; whereas in the
 light of these principles, arrangements for the utiliza­
 tion of the Community tariff quota based on an alloca­
 tion among Member States would seem to be consis­
 tent with the Community nature of the quota ;
 whereas, in order that it may correspond as closely as
 possible to the actual trend of the market in the
 product in question, allocation of the quota should be
 in proportion to the requirements of the Member
 States as calculated by reference to statistics on
 imports from third countries wh iCh do not benefit
from a si mi lar preference, during a
representative reference period and to the
economic outlook for the year covered by
the quota in question;
 Whereas, for the past three years for which complete
 statistics are available, the imports of each of the
 Member States sharing in the above allocation
 amounted to the following percentages of total imports
 of the products in question :
                                                  1980      1981  1982
  Benelux                                          9,12      8,43  8,08
  Denmark                                           0        0     0,03
  Germany                                         15,96     13,25 15,02
  Greece                                            0,36     0,81  0,05
  France                                            3,14     1,22  1,00
  Ireland                                           1,65     0,85  1,34
  Italy                                        N    0,04     0,19  0,52
  United Kingdom                                  69,73     75,25 73,96
 ---pagebreak---                                                      - 3 -
    Whereas, in view of the above and of the foreseeable
    trend on the market in newsprint, in general, and of
    Community production in particular during 1984 the
    initial quota may be allocated approximately in the
    following percentages :
            Benelux                             11,32
            Denmark                               0 ,1 4
            Germany                             12,74
            Greece                                0 ,0 3
            France                                0 ,5 7
            Ireland                               1,42
            Italy                                 0 ,1 4
            United Kingdom                      7 3 ,6 4 ;
 Whereas to take account of 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 and yet enable
 Community production to be disposed of on satisfac­
 tory terms, the first tranche of the quota should be
 fixed at         çq % of the full amount ;
 Whereas Member States may exhaust their initial
shares at different rates ; whereas, to provide for this
eventuality and avoid disruption of supplies, 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 and the
Commission, and the latter 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 accor­
dingly ;
Whereas if at a given date in the quota period a consi­
derable quantity of a Member State’s initial share
remains unused it is essential, to prevent a part of the
Community tariff 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 ;
 ---pagebreak---                                                          - 4 -
Whereas, since the Kingdom of Belgium, the
Kingdom of the Netherlands and the Grand Duchy of
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 THIS REGULATION :
                           Article 1
 1.     During the period 1 January to 31 December
 1984,,a Community tariff quota of 500 000 tonnes
shall be opened in respect of newsprint falling within
subheading 48.01 A of the Common Customs
Tariff (').
2. Member States may charge against this tariff
quota the other types of paper complying with the
definition of newsprint contained in the Additional
 Note to Chapter 48, except as regards the criteria
governing watermarks.
 3.     Imports of newsprint shall not be charged against
 this tariff quota if they are already free of customs
 duties under other preferential tariff treatment.
 4.     The Common Customs Tariff duty shall be
 totally suspended within the limit of the above quota.
 Within the limits of the above quota, Greece shall
 apply duties calculated in accordance with the relevant
  provisions laid down in the 1979 Act of Accession.
                            Article 2
  1. The Community tariff quota referred to in
  Article 1 shall be divided into two tranches.
  2. A first tranche of 450 000 tonnes shall be allo­
  cated among the Member States. Member States’
  shares, which subject to Article 5 shall be valid from 1
  January until 31 December 198*/ shall be as follows :
    (') Entry under this subheading is subject to conditions to be
        determined by the competent authorities.
 ---pagebreak---                                                         - 5 -
                                                            (tonnes)
          Benelux                                           50.960
          Denmark                                                 620
          Germany                                           57.350
          Greece                                                  120
          France                                              2.550
          Ireland                                             6 .3 8 0
          Italy                                                  620
          United Kingdom                                   331 .400
  3.     The second tranche, of          50 000 tonnes, shall
 constitute the reserve.
                              Article 3
  1.    If 90 % or more of a Member State’s initial share
 as fixed in Article 2 (2 ), or of that share minus the
 portion returned to the reserve where Article 5 has
 been applied, has been used up, it shall forthwith, by
 notifying the Commission, draw a second share, to the
 extent that the reserve so permits, equal to 1 0 % of its
 initial share, rounded up as necessary to the next
 whole number.
 2.     If, after its initial share has been exhausted, 90 %
 or more of the second share drawn by a Member State
 has been used up, that Member State shall, in the
 manner and to the extend provided in paragraph 1,
 draw a third share equal to 5 % of its initial share.
3.     If, after its second share has been exhausted,
90 % or more of the third share drawn by a Member
State has been used up, that Member State shall, in the
manner and to the extend provided in paragraph 1,
draw a fourth share equal to the third.
This procedure shall apply until the reserve is
exhausted.
4.     Notwithstanding paragraphs 1, 2 and 3, Member
States may draw lesser shares than those specified in
those paragraphs if there are grounds for believing that
those specified may not be used in full. They shall
inform the Commission of their reasons for applying
this provision.
                             Article 4
Additional shares drawn pursuant to Article 3 shall be
valid until 31 December 198 4
                             Article 5
The Member States shall return to the reserve, not later
than 1 October 198 4 , the unused portion of their
initial share which, on 15 September 1984^is in excess
of 20 % of the initial amount. They may return a
greater portion if there are grounds for believing that
such portion may not be used in full.
 ---pagebreak---                                                         _  6  -
Member States shall, not >ater than 1 October 198^
notify the Commission of the total quantities of the
products in question imported up to and including 15
September 1984» and charged against the Community
tariff quota and of any portion of their initial shares
returned to the reserve.
                          Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2
and 3 and shall, as soon as it has been notified, inform
each Member State of the extent to which the reserve
has been used up.
It shall inform the Member States, not later than 5
October 1984' of the amount still in reserve after
amounts have been returned thereto pursuant to
Article 5.
   It shall ensure that when a quantity 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.     Member States shall take all appropriate measures
   to ensure that additional shares drawn pursuant to
   Article 3 are opened in such a way that imports may
   be charged without interruption against their accumu­
    lated share of the quota.
   2. Member States shall take all measures necessary
    to ensure that the types of paper referred to in Article
    1      included in this tariff quota are in fact intended
    for the printing of newspapers, weekly papers or other
    periodicals of heading No 49.02, published at least 10
    times per year.
    In such a case, the control of the use of the goods for
    the prescribed end-use shall be carried out by applying
    the relevant Community provisions.
     3.    Member States shall ensure that importers of the
     products in question
     have free access to the shares allocated to it.
     4. The extent to which a Member State has used up
     its shares shall be determined on the basis of imports
     of the products in question entered with the customs
     authorities for free circulation.
 ---pagebreak---                                                 - 7 -
                                                                       Article 8
                                               At the Commission’s request, the Member States shall
                                               inform it of imports actually charged against their
                                               shares.
                                                                       Article 9
                                               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
                                                1984.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                           For the Council
                                                             The P residen t