CELEX: 51983PC0605
Language: en
Date: 1983-10-17
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) 605
Vol. 1983/0225
 ---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
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
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,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---     COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                                        COM (83) 605 final
                                                                                        Brussels, 17 October 1983
                                                           Draft
                                               COUNCIL REGULATION                (EEC)
o p e n in g ,  a llo c a tin g     and p r o v i d i n g   fo r  th e    a d m in is tra tio n   of     a C o m m u n ity t a r i f f
q u o ta   fo r  ya rn    o f p o ly     (p -p h e n y le n e te re p h th a la m id e ),  fo r   use     in  th e   m a n u fa c tu re
of   ty re s ,   o r o f p ro d u c ts      used    in    th e   m a n u fa c tu re  o f ty re s ,    fa llin g    w ith in    sub-
                            h e a d in g  ex 5 1 . 0 1    A o f th e      Common C ustom s T a r i f f
                              (s u b m itte d   to    th e   C o u n c il  by t h e   C o m m is s io n )
 COM (83) 605 final
 ---pagebreak---                                                   EXPLANATORY MEMORANDUM
1. C o u n c il   R e g u la tio n   (EEC)      No 1 1 8 0 / 8 3    of   16 May 1983          (1 )  opened,      fo r   th e
   second       h a lf   of    1983,     an a u to n o m o u s    C o m m u n ity t a r i f f  q u o ta  o f 600 to n n e s
   at    a d u ty -ra te       o f 2 % fo r       ya rn    o f p o ly (p - p h e n y le n e te re p h ta la m id e )   to
   be u s e d     in   th e   m a n u fa c tu re o f     ty re s .
2. The p o s s i b i l i t y     of  o p e n in g   a new q u o t a      fo r   th e   fir s t   h a lf  of   1 98 4   was
   c o n s id e re d   at    a m e e tin g o f th e        "E c o n o m ic  T a r iff   P ro b le m s " g ro u p
   on 13 S e p t e m b e r 1 9 8 3 .
   It   appe ared t h a t         a s o lu tio n     e n v is a g in g   a q u o ta   on t h e     same c o n d i t i o n s ,
   w ith    an    id e n tic a l    amount      sh ared      among Member S t a t e s          p ro ra ta    to  th e ir
   re q u ire m e n ts     c o u ld  be a c c e p t e d    by a l l    Member S t a t e s .
   T h is   is   th e    o b je c t  of    th e   p re s e n t  d ra ft    re g u la tio n .
(1) 0J No L 129, 19.5.1983, p. 9.
 ---pagebreak---                                                            DRAFT
                                              C O U N C IL R E G U L A T IO N (EEC)
                          opening, allocating and providing for the administration of a Community tariff
                          quota for yarn of poly (^-phenyleneterephthalamide), for use in the manufacture
                          of tyrer>, or of products used in the manufacture of tyres, falling within sub­
                                         heading ex 51.01 A of the Common Customs Tariff
            THE COUNCIL OF THE EUROPEAN                                      period and to the economic outlook for the quota
            COMMUNITIES,                                                     period in question ;
                                                                            Whereas, however, since the quota is an autonomous
            Having regard to the Treaty establishing the European            Community tariff quota intended to cover import
            Economic Community, and in particular Article 28                 needs arising in the Community, for experimental
            thereof,                                                         purposes, the quota volume may be allocated on the
                                                                            basis of the temporary import needs from third coun­
                                                                             tries expressed by each of the Member States ; whereas
            Having regard to the draft Regulation submitted by               these arrangements for allocation will equally ensure
            the Commission,                                                  the uniform application of the Common Customs
                                                                            Tariff;
           Whereas the production of yarn of poly                           Whereas, to take account of possible import trends for
           (/>-phenyleneterephthalamide) is currently insufficient          the product concerned, the quota volume should be
           in the Community to meet the requirements of the                 divided into two tranches, the first being allocated
           user industries in the Community ; whereas, conse­               between certain Member States and the second held as
           quently, Community supplies of products of this type             a reserve to meet subsequent requirements of Member
           currently depend to a considerable extent on imports             States which have used up their initial shares and any
           from third countries ; whereas it is in the Commu­               additional requirements which might arise in the other
           nity’s interest to partially suspend the Common                  Member States; whereas, to give importers of the
           Customs Tariff duty for the yarn in question, within             Member States some degree of certainty, the first
           the Community tariff quota, of an appropriate volume             tranche of the tariff quota should be fixed at a rela­
           for a relatively limited period ; whereas, in order not to       tively high level, which in this case could be 56 4
           bring into question the development prospects of this            tonnes ;
           production in the Community while ensuring an
           adequate supply to satisfy user industries, it is advis­
           able to limit the benefits of tariff quotas solely to            Whereas initial shares may be used up at different
           products for use in the manufacture of tyres, to open            rates ; whereas, to avoid disruption of supplies on this
           the quota for the period l J a n u a r y t o 3 0 J u n e         account, it should be provided that any Member State
1 9 8 4 , and to fix the volume of this quota at a level of 600            which has almost used up its initial share should draw
           tonnes, corresponding to the needs for imports from             an additional share from the reserve ; whereas each
           third countries during that period, and to fix the quota         time its additional share is almost used up a Member
          duty at 2 % ;                                                    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
          Whereas equal and continuous access to the quota                 requires close collaboration between the Member
          should be ensured for all Community importers and                States and the Commission, which latter must be in a
          the rate of duty for the tariff quota should be applied          position to keep account of the extent to which the
          consistently to all imports until the quota is                   quotas have been used up and to inform the Member
          exhausted ; whereas, in the light of these principles,           States accordingly;
          arrangements for the utilization of the tariff quota
          based on an allocation among Member States would
          seem to be consistent with the Community nature of               Whereas, if at a given date in the quota period a con­
          the quota ; whereas, to correspond as closely as                 siderable quantity of a Member State’s initial share
          possible to the actual trend in the market in the                remains unused, it is essential that the Member State
          product in question, allocation of the quota should be           should return a significant proportion to the reserve, in
          in proportion to the requirements of the Member                  order to prevent a part of the Community quota
          States as calculated by reference to statistics of imports       remaining unused in one Member State while it could
          from third countries during a representative reference           be used in others;
 ---pagebreak--- Whereas, since the Kingdom of Belgium, the                   2.     If a Member State, after exhausting its initial
Kingdom of the Netherlands, and the Grand Duchy of           share, has used 90 % or more of the second share
Luxembourg are united within and jointly represented         drawn by it, that Member State shall forthwith, in the
by the Benelux Economic Union, any measure con­              manner and to the extent provided in paragraph 1,
cerning the administration of the shares allocated to        draw a third share equal to 2,5 % of its initial share
that economic union may be carried out by any one of         rounded up as necessary to the next whole number.
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
HAS ADOPTED THIS REGULATION :                                the extent provided in paragraph 1, draw a fourth
                                                             share equal to the third.
                                                             This process shall apply until the reserve is used up.
                         Article 1
                   Ja n u a ry /                             4.     By way of derogation from paragraphs 1, 2 and 3,
1.     From 1 ~ until 30 J u n e 1 9 8 4 ,            the    a Member State may draw shares lower than those
Common Customs Tariff duty for yarns of poly                 specified in those paragraphs if there are grounds for
(/>-phenyleneterephthalamide), falling within sub­           believing that those specified may not be used in full.
heading ex 51.01 A, for use in the manufacture of            Any Member State applying this paragraph shall
tyres, or of products used in the manufacture of tyres,      inform the Commission of its grounds for so doing.
shall be 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       Additional shares drawn pursuant to Article 3 shall be
relevant provisions in the 1979 Act of Accession.            valid until 3 0 J u n e 1 9 8 4 .
                         Article 2                                                    Article 5
 1. A first tranche of 564tonnes of this Community           Member States shall, not later than 15 May
tariff quota shall be allocated among certain Member      1 9 8 4 ,, return to the reserve the unused portion of their
States; the shares, which subject to Article 5 shall be      initial share which, o n '| jv(ay 1 9 8 4 , is in excess
valid until 3 0 J u n e 1 9 8 4 , shall be as follows:       of 20 % of the initial volume. They may return a
                                                             greater position if there are grounds for believing that
                                           (tonnes)          it may not be used in full.
        Benelux                               so
        Denmark                               *"1            Member States shall, not later than 15 M3 y
                                                          1 9 8 4 , notify the Commission of the total quantities of
        Germany                                40
        Greece                                  1            the products in question imported up to 1 May
        France                               340            1984 and charged against the Community quota and
        Ireland                                 2            of any portion of their initial shares returned to the
        Italy                                  70            reserve.
        United Kingdom                         30
                                                                                      Article 6
2. The second tranche of 3 6 tonnes shall constitute
                                                             The Commission shall keep an account of the shares
the reserve.
                                                             opened by the Member States pursuant to Articles 2
                                                             and 3 and shall, as soon as the notifications reach it,
                                                             inform each Member State of the extent to which the
                         Article 3                           reserve has been used up. It shall, not later than 20
                                                              May 1 9 8 4 ,       inform the Member States of the
 1.    If a Member State has used 90 % or more of its        amounts still in reserve following any return of shares
initial share as fixed in Article 2 (1), or of that share    pursuant to Article 5.
minus any portion returned to the reserve pursuant to
Article 5, it shall forthwith, by notifying the Commis­      It shall ensure that the drawing which exhausts the
sion draw a second share, to the extent that the reserve     reserve does not exceed the balance available, and to
so permits, equal to 5 % of its initial share rounded up     this end shall notify the amount of that balance to the
as necessary to the next whole number.                       Member State making the last drawing.
 ---pagebreak---                        Article 7                           is entered with the customs authorities for free circula­
                                                           tion.
1. Member States shall take all appropriate measures
to ensure that additional shares drawn pursuant to         5. The extent to which Member States have used up
Article 3 are opened in such a way that imports may        their shares shall be determined on the basis of
be charged without interruption against their aggregate    imports charged against them under the conditions set
shares of the Community tariff quota.                      out in paragraph 4.
2. Member States shall take all appropriate measures                               Article 8
to ensure that the products listed in Article 1 (1), bene­
fiting from the Community tariff quota, are indeed         At the Commission’s request, the Member States shall
destined for use in the manufacture of tyres.               inform it of imports actually charged against their
                                                            shares.
Control of the use for this special purpose shall be
carried out pursuant to the relevant Community provi­                               Article 9
sions.
                                                           The Member States and the Commission shall coope­
3.    Member States shall ensure that importers of the      rate closely to ensure that this Regulation is complied
product in question have free access to the shares          with.
allotted to them.
                                                                                   Article 10
4. Member States shall charge imports of the
product in question against their shares as the product     This Regulation shall enter into force on
                                                           1 Ja n u a ry    1984.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
              Done at Brussels,
                                                                        For the Council
                                                                          The President