CELEX: 51979PC0588
Language: en
Date: 1979-10-31
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) ON THE OPENING, ALLOCATING AND ADMINISTRATION OF TARIFF QUOTAS FOR CERTAIN TYPES OF PAPER AND PAPERBOARD, FALLING WITHIN SUBHEADINGS EX 48.01 C II AND 48.01 F OF THE COMMON CUSTOMS TARIFF ORIGINATING IN PORTUGAL (1980) (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 588
Vol. 1979/0202
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(79)588 final
                                                     Brussels , 31st October 1979
                      PROPOSAL FOR A COUNCIL REGULATION ( EEC )
                                                   *
                  ON THE OPENING , ALLOCATING AND ADMINISTRATION
                 OF TARIFF QUOTAS FOR CERTAIN TYPES OF PAPER AND
                      PAPERBOARD , FALLING WITHIN SUBHEADINGS
                      EX 48.01 C II AND 48.01 F OF THE COMMON
                   CUSTOMS TARIFF ORIGINATING IN PORTUGAL ( 1980 )
                 /(presented
                    presented by by the
                                    the Commission
                                        Commission   to the Council )
                t.     ' '' l-.r      - il
 COM ( 79 ) 588 final
 ---pagebreak---                               EXPLANATORY MEMORANDUM
1.      On 2 6' ept ember 1976 the European Economic Community signed an - add-it iona L
        Protocol with the Portuguese Republic . Article 4 of the prot-oeol
        stipulates that for kraft paper and kraft board for wrapping , known
        as Kraft liner     and for paper and paperboard, other , of tariff
        subheadings ex-48.01 C II and 48.01 F, originating in Portugal ,               1
        the Community , as originally constituted, and Ireland , shall open ,
        for the period from 1 January 1976 to 31 December 1983 , annual zero-          -
        duty tariff quotas of 42 000 tonnes and 1 500 <       tonnes respectively .
        These quotas should be increased yearly by 5% . The tariff quotas for           ;
        1980 should no* be opened ,    5 ,
2.      The draft regulation opening the tariff quotas provides - as is custo-
        mery in this field - for the division of each quota volume into two
         instalments , the first being allocated among the Member States as quota
         shares and the second being held as a reserve .
         The allocation of the volume of the first instalment of the quota
          should be based on the rules generally applied . . These involve calcula­
          ting each Member State 's total import's over the last three years as a
         proportion of total Community 'imports during the same period and applying ,
          for each Member States , the percentages thus obtained to the volume of
          the first instalment .           . ,    .
 3.       The foregoing is the subject of the proposal for a regulation .
   ANNEX : 1 proposal for a Regulation.
             ( 1 ) Depending on what happens to the Commission 's proposals
                   in this sector which are being considered by the Council .
 ---pagebreak---                                              PROPOSAL OF
                                   COUNCIL REGULATION (EEC)
              on the opening, allocation and administration of tariff quotas for certain types
              of paper and paperboard, falling within subheadings ex 48.01 C II and 48.01 F of
                          the Common Customs Tariff, originating in Portugal ( 1980 )
THE COUNCIL OF THE EUROPEAN                                        Whereas it is in particular necessary to ensure for all
COMMUNITIES,                                                       Community importers equal and uninterrupted access
                                                                   to the abovementioned quotas and uninterrupted
                                                                   application of the rates laid down for these quotas to
Having regard to the Treaty establishing the European              all imports of the products concerned into all Member
Economic Community, and in particular Article 113                  States until the quotas have been used up ; whereas,
thereof,                                                           having regard to the above principles, the Community
                                                                   naturcof the quotas can be respected by allocating the
                                                                   Community tariff quotas among the Member States ;
Having regard to the proposal from the Commission,                 whereas, in order to reflect as accurately as possible
 Whereas Article 4 of the addit­                                   the true trend of the market in the products in ques­
                                                                   tion, such allocation should be in proportion to the
 ional Protocol to the Agreement                                   requirements of the Member States, calculated by refer­
 between '
tne European Economic Community and the Portu­                     ence to the statistics for imports from Portugal over a
guese Republic ( ') lays down that the Community as -              representative reference period and also to the
originally constituted and Ireland should open annual              economic outlook for the quota period in question ;
duty-free tariff quotas for kraft liner and for other
paper and paperboard falling within subheadings ex
48.01 C II and 48.01 F of the Common Customs                       whereas, during the last three years for which statis­
Tariff, originating in Portugal, of 42 000 and 1 500               tics are available, the corresponding imports into each
tonnes respectively, which should be increased yearly              of the Member States represent the following percen­
by 5 % as from 1 January 1977 ; whereas the tariff                 tages of total imports of the product in question, origi­
quotas concerned should be opened for 1900 ;                       nating in Portugal :
                                                    Subheading ex 48.01 C II              Subheading 48.01 F      1
                                                 197*         ,,77     ; 197b        1976   I    1977        1978
              Bénélux                           25-2         31-4        31.0       28-7
              Germany                           28-1         321         30.3       54-0        20-7
              France                            18-2         21-7        22.0                              100 ,
                                                                                      80        79-3
              Ireland                             6-7                                 93
                                                218          14-8        16.2
              Iuly
              Whereas, in view of these factors and of market forecasts for the products concerned
              during the quota period in question, the percentage shares in the quota volumes may be
              expressed roughly as follows :
                                                    5ubheading ex 48.01 C II              Subheading 48.01 P
              Bénélux                                       32.6                                   6.5
              Germany                                       31 .3                                10.0
              France
                                                            21 .9                                62,5
               Ireland
                                                              5.8                                16.5
               Iuly                                           8.4                                  v.s-
 (') OJ No L iT-lf 29. 9. 1970, p. g
 ---pagebreak---                                                                              - 2 -
 whereas, in order to take into account import trends
 for the products concerned in the various Member                                   whereas if, at a given date in the quota period, a
 States, each of the quota amounts should be divided                                substantial quantity remains unused, it is essential that
 into two instalments, the first being shared among the                             that Member State should return a significant propor­
 Member States and the second constituting a reserve                                tion to the corresponding reserve to prevent a part of
 to cover at a later date the requirements of the                                   any tariff quota from remaining unused in one
 Member States which have used up their initial quota                               Member State when it could be used in others ;
 shares ; whereas, in order to give importers in each
 Member State a certain degree of security, the first
 instalment of the Community quotas might under the                                                                                                      χ
 circumstances be fixed at 75 % and 50 % respectively                               Whereas, since the Kingdom of Belgium, the
of the quota volumes ;                              -                               Kingdom of the Netherlands and the Grand Duchy of
                                                                                    Luxembourg are united within and jointly represented
                                                                                    by the Benelux Economic Union, any operation
Whereas the Member States initial shares may be                                     relating to the administration of the quota shares allo­
used up at different times ; whereas, in order to take                              cated to the economic union may be carried out by
                                                                                    any one of its members,
this fact into account and avoid any break in conti­
nuity, any Member State which has almost used up its
initial quota shares should draw an additional share
from the corresponding reserve ; whereas this must be
done by each Member State as and when each of its                                   HAS ADOPTED THIS REGULATION :
additional shares is almost used up, and repeated as
many times as the reserve allows ; whereas the initial
and additional shares must be valid until the end of                                                            Article Î
the quota period ; whereas this method of administra­
tion requires close cooperation between the Member
States and the Commission, and the latter must be in                                For the period 1 January to 31 Decemberl 980, duty-
a position to monitor the extent tp which the quota                                 free tariff quotas shall be bpened in the Community
volumes have been used up and to inform the                                         as originally constituted and Ireland for products origi­
Member States thereof :                                                             nating in Portugal and within the following limits :
                       CCT
                                                      V                Description                                       Tariff quou
                   , heading                                                                                               (tonnes)
                      . No
              48.01                    Paper snd         paperboard (including , cellulose wadding),
                                                      »•    in rolls or sheets :
                                                                                                                         1
                                                      \   >                                 • •            ■
                                       C. Kraft paper and kraft board :
                                           ex II. Other :
                                                   – Kraft linerP)                                                         51 . 051
                                    . F. Other                                                                                 1 822
              f1) See the definition in the Annex hereto.
                             Article 2                                                                                                           (tonna)
                                                                                      . Member Statei         Subheading              Subheading
                                                                                                             es 48.01 C il       I     48.01 Ρ
1.    The tariff quotas provided for in Article 1 shall                            Bénélux                 12 500               1Γ       60
be divided into two instalments.                                                   Germany                 12 000                        90
                                                                                   France                    8 400                   . 570
                                                                                   Ireland                   2 200                     150
                                                                                   Italy               I     3 200                       40
2. A first instalment ot each quota, ot 3g jqq an(j
9 1 0 tonnes respectively, shall be shared among the
 Member States ; the respective shares which, subject to                           3. The second instalment of each quota, of 12 75 land
 Article 5 shall be valid until 31 December 1 980, shall                           91 2         tonnes respectively, shall constitute the corres­
 be as follows:'                                                                    ponding reserve. v
 ---pagebreak---                                                        - 3 -
                          Article 3                                                  Article 6
  1.    If 90% or more of one of the Member States           The Commission shall keep an account of the shares
 initial shares as specified in Article 2 (2), or 90 % of     opened by the Member States pursuant to Articles 2
 that share minus the portion returned to the corres­         and 3 and, as soon as it is notified, shall inform each
 ponding reserve where Article 5 has been applied, has        State of the extent to which the reserves have been
 been used up, then, to the extent permitted by the           used up.
 amount of the reserve, that Member State shall forth­
 with, by notifying the Commission, draw a second             It shall inform the Member States, not later than 5
 share equal to 15% of its initial share, rounded up         October ) 980 , of the amount in each reserve after
 where necessary to the next unit.                           quantities have been returned thereto pursuant to
                                                             Article 5.
 2. If, after one of its initial shares has been used up,
 90 % or more of the second' share drawn by a                It shall ensure that the drawing which exhausts any
 Member State has been used up, then, to the extent          reserve does not exceed the balance available and, to
 permitted by the amount of the reserve, that Member         this end, shall notify the amount of that balance to
State shall , in accordance with the conditions laid         the Member State making the last drawing.
down in paragraph 1 , draw a third share equal to
7-5 % of its initial share, rounded up where necessary
to the next unit.
                                                                                    Article 7
3.     If, after one of its second shares has been used      1.    The Member States shall take all measures neces­
up, 90 % or more of the third share drawn by a               sary to ensure that additional shares drawn pursuant to
Member State has been used up, that Member State             Article 3 are opened in such a way that imports may
shall , in accordance with the conditions laid down in       be charged without interruption against their accumu­
paragraph 1 , draw a fourth share equal to the third.        lated shares of the tariff quota.
This process shall continue until the reserve is used        2.    The Member States shall ensure that importers
up.                                                          of the products in question established in their terri­
                                                             tory have free access to the shares allocated to them.
4. By way of derogation from paragraphs 1 , 2 and
3, a Member State may draw shares smaller than those         3. The Member States shall charge the imports of
fixed in those paragraphs if there is reason to believe      the products concerned against their shares as and
that they might not be used up. It shall inform the          when the products are entered for free circulation ,
Commission of its reasons for applying this para­
graph.                                                       4.    The extent to which a Member State has used up
                                                             its shares shall be determined on the basis of the
                                                             imports charged under the conditions set in paragiaph
                         Article 4                           3.
Each of the additional shares drawn pursuant to
Article 3 shall be valid until 31 December 1930 .                                   Article 8
                                                             At the Commission s request, the Member States shall
                          Article )                          inform it of imports actually charged against their
                       i                                     shares.
The Member States shall return to the reserve, not
later than 1 October 1 980 , those unused portions of                               Article 9
their initial shares which, on 15 September ] 98 0,are
in excess of 20 % of the initial volumes. They may
return a larger quantity if there are grounds for            The Member States and the Commission shall coop­
believing that this quantity may not be used.                erate closely to ensure that this Regulation is
                                                             complied with.
The Member States shall notify the Commission, not
 later than i October 1 980 ,of the total quantities of
 the products in question imported up to 15                                        Article Î0
 September ] 980and charged against the tariff quotas
 and of any quantity of the initial shares returned to       This Regulation shall enter into force on 1 January
 the reserves.                                                 1980 .
 ---pagebreak--- This Regulation shall be binding in its entirety and directly applicable in all Member
States.                          *
Done at
                                                                 For the Council
                    ■    '                                        The President
                                            ANNEX
                                           Definition
Subheading ex 48.01 Cil Kraft ltner
                        Kraft liner means machine-finished or machine-glazed paper or paper­
                        board, in rolls, containing not less than 80 % of chemical sulphate soft­
                        wood pulp Calculated on total fibre content, weighing not more than
                        1 1 5g/m' and having a Mullen burst ratio of not less than 35.
 ---pagebreak--- V 2 Ciiil )' J NANC IhKL                                    D.îtii   :
1 . Li >•,»«: budgétaire concernée : Chap . 12 art . 120
2.       s o juridique :     Art . 113
3 . Incicujô de la r.csure tarifaire :
     Proposition de rènlement ( Ci E ) du Conseil portant ouverture , répartition
     et mode de gestion de contingents tarifaires de certains papiers et cartons
     des sous-positions ex 48.01 C II et 48.01 F du tarif douanier commun ,
     originaires du Por,uqal ( or.née 1980 ). /
4 . Objectif :                                                     .
     Execution d' une obligation contractuelle ( Accord CEE-Portugal )
5 . Modo de calcul :
     - N " du T.D.C.                        : ex 48.01 t II   48.01 F
     - V oliiir.c du / des contingent ( s ) : 51.051 tonnes   1 . 822 tonnes
     - Droits à appliquer                   :  exemption      exemption
     - Droits du T.D.C.                     :     8%               11,6%
                                                          «
6 . Perce de recettes :
     La même mesure tarifaire est appliquée en 1979 .       >
     Il y a donc pas de perte ce . recettes à inscrire pour l' exercice 1930 .