CELEX: 51983PC0220
Language: en
Date: 1983-04-25
Title: Draft COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for yarn of poly (p-phenyleneterephthalamide) for use in the manufacture of tyres or of products used in the manufacture of tyres, falling within subheading ex 51.01 A of the Common Customs Tariff (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 220
Vol. 1983/0091
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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 E U R O P E A N COMMUNITIES
                                                         COM(83) 220 f i n a l
                                                         Brussels, 25 ApriI 1983
                                         Draft
                               COUNCIL REGULATION (EEC)
        opening, allocating and providing for the administration of a
       Community t a r i f f quota for yarn of poly   (p-phenyleneterephtha-
         lamide) for use in the manufacture of tyres or of products
               used in the manufacture of t y r e s , f a l l i n g within
              subheading ex 51.01     A of the Common Customs Tariff
                    (submitted to the Council by the Commission)
COM(83) 220 f i n a l
 ---pagebreak---                                                  EXPLANATORY MEMORANDUM
 Regulation            (EEC) No 3224/82 o f 22 November                     1982 (1) o p e n e d , f o r t h e
 first        h a l f o f 1 9 8 3 , an autonomous Community t a r i f f                 quota       o f 600        tonnes
 a t a d u t y - r a t e o f 2% f o r y a r n o f p o l y ( j o - p h e n y l e n e t e r e p h t h a l a m i d e ) t o
 be u s e d i n t h e m a n u f a c t u r e o f t y r e s .
The p o s s i b i l i t y     o f opening       a new q u o t a     f o r t h e second       h a l f o f 1983
 has     been c o n s i d e r e d and a s o l u t i o n e n v i s a g i n g a quota          on t h e same
 c o n d i t i o n s , w i t h an i d e n t i c a l amount      s h a r e d among Member S t a t e s p r o r a t a
to t h e i r       requirements       c o u l d be a c c e p t e d    by a l l Member S t a t e s .
This       i s the object of the present                 draft        regulation.
(1) 0J No L 3 4 0 , 2.12 .1982, p. 1
 ---pagebreak---                                                                           0
                                                        JlcaJt _ £ / a
                                    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 yarn of poly (p-phenyleneterephthalamide) for use in the manufacture
                of tyres or of products used in the manufacture of tyres, falling within
                              subheading ex 51.01 A of the C o m m o n Customs Tariff
T H E COUNCIL OF T H E EUROPEAN                                      seem to be consistent with the Community nature of
COMMUNITIES,                                                         the quota; whereas, to correspond as clOo?ly as
                                                                     possible to the actual trend in the market in the
                                                                     product in question, allocation of the quota should be
Having regard to the Treaty establishing the European                in proportion to the requirements of the Member
Economic Community, and in particular Artjcle 28                     States as calculated by reference to statistics of imports
 thereof,                                                             from third countries during a representative reference
                                                                      period and to the economic outlook for the quota
                                                                      period in question ;
 Having regard to .the draft Regulation submitted by
 the Commission,
                                                                       Whereas, however, since the quota is an autonomous
                                                                       Community tariff quota intended to cover import
  Whereas        the    production     of   yarn    of    poly         needs arising in the Community, for experimental
  (^-phenyleneterephthalamide) is currently insufficient               purposes, the quota volume may be allocated on the
  in the Community to meet the requirements of the                     basis of the temporary import needs from third coun­
  user industries in the Community; whereas, conse­                    tries expressed by each of the Member States ; whereas
   quently, Community supplies of products of this type                these arrangements for allocation will equally ensure
   currently depend to a considerable extent on imports                 the uniform application of the Common Customs
   from third countries ; whereas it is in the Commu­                  Tariff;
   nity's interest to partially suspend the Common
   Customs Tariff duty for the yarn in question, within
   the Community tariff quota, of an appropriate volume                  Whereas, to take account of possible import trends for
    for a relatively limited period ; whereas, in order not to           the    product concerned, the quota volume should be
    bring into question the development prospects of this                divided into two tranches, the first being allocated
     production in the Community while ensuring an                       between certain Member States and the second held as
     adequate supply to satisfy user industries, it is advis­            a reserve to meet subsequent requirements of Member
     able to limit the benefits of tariff quotas solely to               States which have used up their initial shares and any
     products for use in the manufacture of tyres, to open                additional requirements which might arise in the other
     the quota for the period 1 J u l y to 31 December                    Member States; whereas, to give importers of the
     and to fix the volume of this quota at a level of 600 1983 'Member States some degree of certainty, the first
      tonnes, corresponding to the needs for imports from                  tranche of the tariff quota should be fixed at a rela­
      third countries during that period, and to fix the quota             tively high level, which in this case coi.''d be 574
      duty at 2 % ;                                                         tonnes ;
       Whereas equal and continuous access to the quota                     Whereas initial shares may be used up at different
       should be ensured for all Community importers and                     rates; whereas, to avoid disruption of supplies on this
       the rate of duty for the tariff quota should be applied               account, it should be provided that any Member State
       consistently to all imports until the quota is                        which has almost used up its initial share should draw
       exhausted ; whereas, in the light of these principles,                an additional share from the reserve ; whereas each
       arrangements for the utilization of the tariff quota                  time its additional share is almost used up a Member
       based on an allocation among Member States would                      State should draw a further share, and so on as many
 ---pagebreak---                                                              2
times as the reserve allows; whereas the initial and           2.      The second tranche of2 6 tonnes shall constitute
additional shares should be valid until the end of the         the reserve.
quota period; whereas this form of administration
requires close collaboration between the Member
States and the Commission, which latter must be in a
position to keep account of the extent to which the                                      Article   3
quotas have been used up and to inform the Member
States accordingly;                                             1.     If a Member State has used 90 % or more of its
                                                               initial share as fixed in Article 2 (1), or of that share
Whereas, if at a given date in the quota period a con­         minus any portion returned to the reserve pursuant to
siderable quantity of a Member State's initial share           Article 5, it shall forthwith, by notifying the Commis­
 remains unused, it is essential that the Member State         sion draw a second share, to the extent that the reserve
 should return a significant proportion to the reserve, in     so permits, equal to 5 % of its initial share rounded up
 order to prevent a part of the Community quota                as necessary to the next whole number.
 remaining unused in one Member State while it could
be used in others;
                                                                2.     If a Member State, after exhausting           initial
                                                                share, has used 90 % or more of the second jhare
Whereas, since the Kingdom of Belgium, the                      drawn by it, that Member State shall forthwith, in the
 Kingdom of the Netherlands, and the Grand Duchy of             manner and to the extent provided in paragraph 1,
 Luxembourg are united within and jointly represented           draw a third share equal to 2-5 % of its initial share
 by the Benelux Economic Union, any measure con­                rounded up as necessary to the next whole number.
 cerning the administration of the shares allocated to
 that economic union may be carried out by any one of
 its members,                                                   3.     If a Member State, after exhausting its second
                                                                share, has used 90 % 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.
 HAS A D O P T E D THIS R E G U L A T I O N :
                                                                This process shall apply until the reserve is used up.
                            Article 1
                                          December              4.      By way of derogation from paragraphs 1 to 3, a
  1.    From 1        J u l y until31             1983 the      Member State may draw shares lower than those speci­
  Common Customs Tariff duty for yarns of poly                  fied' in those paragraphs if there are grounds for
 (/>-phenyleneterephthalamide), falling within subhead­         believing that those specified may not be used in full.
i n g ex 51.01 A, for use in the manufacture of tyres or        Any Member State applying this paragraph shall
  of products used in the manufacture of tyres shall be          inform the Commission of its grounds for so doing.
  suspended at the level of 2 % within the framework of
  a Community tariff quota of 600 tonnes.
                                                                                          Article   4
  2.    Within the limits of this tariff quota, Greece shall
  apply customs duties calculated in accordance with the
  relevant provisions in the 1979 Act of Accession.              Additional shares drawn pursuant to Article 3 shall be
                                                                 valid until 31 December 1 9 8 3 .
                            Article 2
                                                                                           Article  5
   1.    A first tranche of 574 tonnes of this Community
  tariff quota shall be allocated among certain Member
                                                                  Member States shall, not later than 15 November 1 9 8 3 ,
  States ; the shares, which subject to Article 5 shall be
                                                                  return to the reserve the unused portion of their initial
  valid until 31           1983, shall be as follows :
                        December                                  share which, on 1 /        1983, is in excess of 20 % of/November
                                              (tonnes)            the initial volume. They may return a greater portion
                                                                  if there are grounds for believing that it may not be
          Benelux                               100
                                                                  used in full.
          Denmark                                  1
          Germany                                40
          Greece                                   1              Member States shall, not later than 15 November 1 9 8 3 ,
          France                                340               notify the Commission of the total quantities of the
          Ireland                                  2              products in question imported up to 1 November 1983 a n d
          Italy                                   60              charged against the Community quota and of any
          United Kingdom                          30              portion of their initial shares returned to the reserve.
 ---pagebreak---                                                                   3
                               Article  6                           4.     Member States shall charge imports of the
                                                                    product i n question against their shares as the product
      The Commission shall keep an account of the shares
                                                                    is entered with the customs authorities for free circula­
      opened by the Member States pursuant to Articles 2
                                                                    tion.
      and 3 and shall, as soon as the notifications reach it,
      inform each Member State of the extent to which the
      reserve has been used up. It shall, not later than 20         5.      The extent to which Member States have used up
November 1983, inform the Member States of the amounts              their shares shall be determined on the basis of
      still in reserve following any return of shares pursuant       imports charged against them under the conditions set
       to Article 5.                                                 out i n paragraph 4.
       It shall ensure that the drawing which exhausts the
       reserve does not exceed the balance available, and to
       this end shall notify the amount of that balance to the                               Article  8
       Member State making the last drawing.
                                                                      A t the Commission's request, the Member States shall
                                Article  7
                                                                      inform it of imports actually charged against their
        1.    Member States shall take all appropriate measures       shares.
       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 their aggregate
        shares of the Community tariff quota.                                                 Article  9
        2.    Member States shall take all appropriate measures
        to ensure that the products listed in Article 1(1), bene­      The Member States and the Commission shall co­
        fiting from the Community tariff quota, are indeed             operate closely to ensure that this Regulation is
        destined for use in the manufacture of tyres.                  complied with.
         Control of the use for this special purpose shall be
         carried out pursuant to the relevant Community provi­
         sions.                                                                              Article   10
         3.    Member States shall ensure that importers of the
         product in question                                 have      This Regulation shall enter into force on 1 j     u [ v
         free access to the shares allotted to them.                    1983.
                       This Regulation shall be binding in its entirety and directly applicable i n all Member
                       States.
                       Done at Brussels,
                                                                                    For the  Council
                                                                                     The President