CELEX: 51975PC0611
Language: en
Date: 1975-12-01
Title: Proposal for A COUNCIL REGULATION opening, allocating and providing for the administration of a Community tariff quota of rosin, including, "brais résineux", falling within subheading 38.08 A, originating in Austria, Finland, Iceland, Norway, Portugal , (and Switzerland. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 611
Vol. 1975/0233
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 ---pagebreak---            COMMISSION OF THE EUROPEAN COMMUNITIES
            .                   \
                                                  COM(75)611 final'.
                                                  Brussels , 1 December 1975
 /
                                         Proposai for
                A COUNCIL REGULATION
                                                                                /
              ^      opening, allocating and providing for the administration
                     of a Community tariff quota of rosin , including ,rbrais
                     résineux", falling within subheading 38.08 A,, original-     A
                     ting in Austria , Finland , Iceland , Norway , Portugal
                        ,          (     and Switzerland .;                   I
                          ( submitted to the Council by the Commission)
COM(75 ) 611 final .
 ---pagebreak---                                           EXPLANATORY MEMORANDUM
             1.    At a meeting of the "Economic Tariff Problems " Group which considered ,
                    inter alia , the question of opening a tariff quota of rosin ( sub­
                   heading 38.08 A of the Common Customs Tariff ) for 1976 , the delegation
                   of one Member State , supported by others , requested that the volume of
                    the duty-free quota of these products for 1976 to be established
                   subject to the -limits laid down in Decision No 1 / 75 of the EEC-Greece
                   Council of Association should be increased by a certain quantity
                   reserved for imports coming from the EFTA non-member countries of the
   •'              Community .
             2.    The proposal for a regulation concerning the autonomous , non-
                   discriminatory quota to be opened in 1976 for a volume not exceeih
                   the limits fixed in Decision No 1975 referred to above is currently
                   before the Council for its approval .
             3.    As regards the additional request put forward , after close consi-
              ,    deration of the matter the Commission decided that it would be
                   appropriate to make it possible to import additional duty-free amounts
                   subject to the authorized limits . That is why it proposes opening a
                   duty-free Community tariff quota for a volume equivalent to 20 % of
                 . the imports by the Community in 1974 from the EFTA countries which
                   have signed a free trade agreement with the Community , to which
                   residual duties are still applicable . On this basis , the quota is
                   fixed at 13 155 t , as a result of the application of the 20 % rate to
                   the total amount of imports not exempted from the duty and listed in1
                   the table below î
Member State                           Imports from ( in tonnes )                Total
                                                                                 imports
                Portugal     Sweden   Finland    Norway   Switzerland •' Austria
Bénélux         12 852       2.253     198                                       15 303
Denmark
Germany         27 943.9     1 813.1              59.9            1.7    . 825.5 30 644 . 1
France          10 053         900                                               10 953
Ireland               5.25                         1..98                               7.23
Italy            8 350         235    279.1                       1.5             8 865.6
United
Kingdom
                59 204.15   5 201 .1  477.1       61 . 88         3.2      825.5 65 772.93 -
 ---pagebreak---                              2
4. Since the Community tariff quota relates to a relatively low
   volume by comparison with the Community 's total imports and this
   amount will certainly be used up equally quickly in all Member
   States concerned , it seems that a breakdown into quotas allocated
   definitively to the Member States does not derogate from the
   Community nature of the quota in question .
   Since importation from these countries into Denmark and the United
   Kingdom is already free of duty , these two Member States are excluded
   from the quota-share allocation , which is carried out by applying
   the above-mentioned 20% to the imports by each Member State during
   the reference year .  On that basis , the level of the quota shares
   is as follows :
        Bénélux              3 061  tonnes
        Germany              6 129 tonnes
        France               2 191  tonnes
        Ireland                   1 tonne
        Italy                1 773 tonnes .
 ---pagebreak---                            Proposal for
            Regulation (EEC ) No . ../75 of the Council
                           of
            opening , allocating and providing for the
         administration of a Community tariff quota of
      rosin , including "brais resineux", falling within
    subheading 38.08 A , originating in Austria , Finland ,
      Iceland ,. Norway , Portugal , Sweden and Switzerland
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community
and in particular Article 113 thereof ;
Having regard to the proposal from the Commission ;
Whereas , in its Regulation (EEC) No 2877/75 of 29 October 1975"^
the Council opened and allocated among the Member States a "Community
tariff quota , duty free , of rosin falling within subheading 38.08 A
of the Common Customs Tariff ( 1976 ) for a volume not exceeding the
limits laid down in Decision No 1 / 75 of the Council of Association
on the application of the provisions of paragraph 3 of Protocol No 10
of the Agreement establishing an Association between Greece and the
Community ;
Whereas rosin production in the Community and in Greece is not
sufficient to cover the supply requirements of the user industries
in the Community ; whereas , therefore , supplies currently depend to
a considerable extent on imports from third countries exceeding the
volume of the tariff quota opened by the above-mentioned regulation ;
whereas it is in the Community 's interests to satisfy its most urgent
supply requirements , subject to the limits laid down in Decision No 1 / 75
of the Council of Association and at the most favourable conditions ;
whereas it is appropriate , therefore , to suspend wholly the customs
 0J No L 292 of 12 November 1975 , P » 4 .
 ---pagebreak---                           2
duties applicable to the importation of such products , originating in EFTA
non-member countries with which the Community has concluded free trade
agreements , up to a limit of 20% of imports into the Community during 1974  ,
from these countries which have not been exempted from duties by virtue of
any other preferential system ; whereas on this basis the quota volume is
fixed at 13 155 t ;
Whereas , in view of the relatively small volume of this quota in relation
to the Community 's own requirements it is appropriate , without thereby       /
derogating from the Community nature of the quota , to provide for a method
of using it , that is based on a single allocation among Member States ;
whereas this allocation may be calculated by the same method as was used to
determine the quota volume for obtaining 20% of the imports of each Member
State coming from these same countries ; whereas the resulting exclusion of
certain Member States from the allocation of the quota does not conflict
with the Community character of this quota , since by virtue of the
agreements signed , these Member States already import rosin originating in
the countries referred to above duty free ;
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 administra­
tion of the quota shares allocated to that Economic Union may be carried
out by any one of its members ;
HAS ADOPTED THIS REGULATION :
                          Article 1
1.   There is hereby opened in respect of the period 1 January to 31
     December 1976 a Community tariff quota of 13 155 tonnes of rosin, including
     "brais resineux", falling within subheading 38.08 A of the Common
     Customs Tariff , originating in Austria , Finland , Iceland , Norway ,
     Portugal , Sweden and Switzerland .
2.   Common Customs Tariff duties shall be suspended totally for this
     tariff quota .
 ---pagebreak---                                   3
3.   The new Member States shall apply , in respect of this tariff
     quota , duties calculated in accordance with the provisions on
      the matter laid down in the Act of Accession .
4.   The Protocols on the definition of the concept of originating
     products and on methods of administrative cooperation , annexed
     to the agreements concluded between the Community and each of
     the countries referred to in paragraph 1 , shall be applicable
     under this quota .
                           Article 2
The Community tariff quota referred to in Article 1 ( 1 ) shall be
allocated as follows among certain Member States t
           Benelux         3- 061 tonnes
           Germany         6 129 tonnes
           France          2 191 tonnes
           Ireland               1 tonne
           Italy           1 773 tonnes .
                          Article
                          «  ■ i
                                     3    ' '    -   /
1.   Each Member State shall take all appropriate measures to ensure
     that importers of the product in question established in its
     territory have free access to the shares allocated to it .
2.   The extent to which the quota shares of Member States have been
     used up shall be determined on the basis of imports of the product
     in question originating in one of the countries referred to above
     entered with the customs authorities under cover of declarations
     that they have been entered into consumption .
                          Article 4
On receipt of a request from the Commission , the Member States shall
notify it of the importations actually charged against their quota shares .
 ---pagebreak---                          Article 5
The Member States and the Commission shall cooperate closely to ensure
that this Regulation is complied with .
                         Article 6
This Regulation shall enter into force on 1 January 1976 .
     This Regulation shall be binding in its entirety and
     directly applicable in all Member States .
Done at Brussels ,                                By the Council ,
                                                   The Président