CELEX: 51977PC0370
Language: en
Date: 1977-07-26
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of tariff quotas for certain types of paper and paperboard of subheadings ex 48.01 C II and 48.01 F of the Common Customs Tariff originating in Portugal (1978). (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 370
Vol. 1977/0122
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 ---pagebreak---     COMMISSION OF THE KUROPEÂN COMMUN !"!
                                               COM(77)370 final.
                                               Brussels., 26 July 1977
                                    Proposal for a
                               COUNCIL REGULATION (EEC )
              opening , allocating and providing for the administration
        of tariff quotas for certain types of- paper and paperboard of sub
         headings ex 48.01 C II and 48.01 F> of the Common Customs Tariff
                         originating in Portugal ( 1978 )°
                         ( submitted to the Council "by the Commission)
CCM.(n) 370 final
 ---pagebreak--- 1 . On 20 September 1. 976 the Euro p sail Economic Community signed an Interim
    Agreement with the Portuguese Republic , Article 4 of the Agreement
     stipulates " that for kraft paper and kraft "board for wrapping , known
    as "kraftliner", and for paper and paperboard , other , of tariff
     subheadings ex 48,01 0 II and 48.01         originating in Portugal , the .
    Community , as originally constituted , arid Ireland , shall open , for the
    period from 1 January 197 ^ 'to 31 December 1933 , annual zero–duty tars ff
    quotas of 42 000 tb'v./=cs and 1 ^00 tonnes respectively ^ "ihsse quotas should
     be increased year !/ by 5 % .    The tariff quotas for 1972 should now be opened *
2 . The draft regulation opening the tariff quotas provides - as is the
    rule in this field ~ for each quota volume to be divided into two
    instalments , the first being allocated among the Member States in the
    form of quota shares and the second forming the reserve .
    Concerning the allocation of the volume of th8 first instalment , the usual
    procedure should be applied, that is the proportion of the total imports
    of each Member State over the last three years to Community imports over the
    same period is woi-ked out ajnd the' resulting percentages are applied –
    per Member State – to the vo'lumo of the first instalment .
           ewLod of edmini s»ti ation to be used by all the Member States is the
     " grey - fcund-jnethod ".                                             •
4. me foregoing ia the subject of the proposal for a regulation.
 A    gX :    1 proposal for a regulation ( EEC ) of the Council .
 ---pagebreak---                                                   Proposai for a
                                     COUNCIL REGULATION (EEC) No                                      / 77
                                                     of
               on the opening, allocation and administration of tariff quotas for certain types
               of paper and paperboard, failing within subheadings ex 48.01 C II and 48.01' k.of
                           the Common Customs Tariff, originating in Portugal ( 1978 )                                 I
 THE COUNCIL OF THE EUROPEAN                                                 ters and the rates of duty for these quotas should be
 COMMUNITIES,                                                                applied consistently to all imports of the products in
                                                                             question into the Member States concerned until the
 Having regard to the Treaty establishing the European                        quotas have been used up ; whereas, in the light of the
 Economic Community, and in particular Article 113                            principles outlined above, arrangements for the utiliza­
 thereof,
                                                                              tion of the Community tariff quotas based on an allo­
 Having regard to the proposal from the Commission,                           cation among Member States would seem consistent
                                                                             with the Community nature of the quotas ; whereas,
 Whereas Article 4 of the Interim Agreement between                           in order that it may correspond as closely as possible
 the European Economic Community and the Portu­                               to the actual market trends in the products in ques­
 guese Republic (') lays down that the Community as                           tion, allocation of the quotas should be in proportion
 originally constituted and Ireland should open annual                        to the requirements of the Member States as calcu­
 duty-free tariff quotas for Kraftliner and for other                         lated by reference to statistical data on imports of the
 paper and paperboard falling within subheadings ex-                          said products from Portugal during a representative
 48.01 C II and 48.01 p' of the Common Customs                                reference period and to the economic prospects for
 Tariff, originating in Portugal, of 42 000 and 1 500                         the quota period in question ;
"tonnes         respectively, which should be increased
 yearly by 5% as from 1 January 1977 ; whereas the                            Whereas, during the last three years for which statis­
 tariff quotas concerned should be opened for 197 8 ;                         tics are available, the corresponding imports into each
                                                                              of the Member States represent the following percen­
 Whereas equal and uninterrupted access to the said                           tages of total imports of the product in question, origi­
 quotas should be ensured for all Community impor­                            nating in Portugal :
                                                  Subheading ex 48.01     CIJ
                                                                                       1
                                                                                                  Subheading 48.01  Ρ
                       Member States
                                             1974           1975            1976             1974         1975      I 1976
                                                                                                                    r
               Bénélux                 ■
                                       i
                                           ■ 15-6          201          ! ■ 25.2                           2-8        28.7
               Germany                       24-8     I    34-7             28.1         ' . 5.0                      54.0
               France                        22-6          21-4       •     18.2          : 95.0          731
                                                                                                                       8.0
                                       I                                                            1
               Ire and                 I '    2-9            6-7             6.7                    I
                                                                                                          241
                                                                                                                       9.3
               Italy                         34-1           171             21.8                    I
                                                                                                                   I
                                                      i                                                            I
                                                      I
 (■) OJ No L 266, 29. 9. 1976. p. 1 .
 ---pagebreak---  Whereas, in view of these factors and of market fore­   HAS ADOPTED THIS REGULATION :
 casts for the products concerned during the quota
 period in question, the percentage shares in the quota
 volumes may be expressed roughly as follows ;                                          Article I
                            Subheading      - SubheadiQ£ For the period 1 January to 31 December 1935 duty-
                             x 48.01 C II       48-01 &
                                                         free tariff quotas shall be opened in the Community
 Bénélux                       2(M               16      as originally constituted and Ireland for products origi­
 Germany             • j       34-7              32      nating in Portugal and within the limits shown
 France                        22-4       L      35      below :
 Ireland                         5-8              12                                                                (in metric tons)
 Italy                         17-0                 5
                                                                CCT                                                     Tarif.
                                                               heading              Description of goods                □U".U
                                                                 No
 Whereas, in order to take account of future trends in
 imports of the products in question into the various    48.01              Paper        and       paperboard
 Member States, each of the quotas should be divided                        (including                cellulose
                                                                            wadding), machine-made, in
 into two tranches, the first to be allocated among all                     rolls or sheets :
 the Member States and the second to form a reserve
 intended to cover any subsequent requirements of                           C. Kraft paper and kraft
                                                                                 board :
 Member States which have used up their initial
                                                                                 ex II . Other :
shares ; whereas, in order to ensure a certain degree of                                                             46 305
security for importers in each Member State, the first                                    – Kraftlîncr
 tranche of the tariff quota should be set at a level                      pT Other                                     1 653
which in this case might be 75 % of each of the'
quota volumes ; .
                                                                                        Article 2
Whereas Member States may use up their initial
shares at different rates ; whereas, to provide for this
eventuality and to avoid disruption of supplies, any     1.      The tariff quotas laid down in Article 1 shall be
                                                         divided into two tranches.
Member State which has almost used up . any of its
initial shares should drawn an additional share from
the corresponding reserve ; whereas this should be       2.      A first tranche of each quota , i.e.
done by each Member State when each of its addi­          34 730 and 1 240 tonnes
tional shares has been almost used up, as many times
as the reserve allows ; whereas each of the initial and
additional shares should be valid until the end of the    respectively,                  shall be allocated among the
quota period ; whereas this form of administration        Member States ; the shares, which subject to Article 5
requires close collaboration between Member States        Shall be valid until 31 December 197$ shall be is
and the Commission, in which the latter must, in          follows :
particular, be able to keep a record of the extent to
which the quota has been used up and inform the                                                                 l J.1I               c
Member States accordingly ;                                        Member States               Subheading
                                                                                              ex 48.01 Cil
                                                                                                                   Subhfidinc-
                                                                                                                      48.01
                                                                                                                            4
Whereas, if at a given date in the quota period a         Bénélux                            6   980 •             " 200
considerable quantity of a Member State's initial share   Germany                         12'    050                   400
remains unused, it is essential that that Member State    France                        I 7      780                   435
should return a significant proportion to the corres­     Ireland                            2   020                   145
ponding reserve, so as to avoid a part of any of the      Italy                              5   900                      60
tariff quotas remaining unused in one Member State
when it could be used in others ;
                                                          3.     The second tranche of each quota, i.e. Tj 575
Whereas, since the Kingdom of Belgium, the               and 413 tonnes                respectively, shall constitute the
Kingdom of the Netherlands and the Grand Duchy of        corresponding reserve.
Luxembourg are united within and jointly represented
by the Benelux Economic Union, any measure
concerning the administration of the shares allocated                                   Article 3
to that economic union may be carried out by any
one of its members,                                       1.     If 90 % or more of any of a Member State's
                                                         initial shares – as fixed in Article 2 (2) – or of th.it
                                                         share minus any portion returned to the corres­
                                                         ponding reserve, where Article 5 has been applied, has
                                                         been used up, that Member State shall forthwith, by
 ---pagebreak--- notifying the Commission, draw a second share, to the                                      Article 6
extent that the reserve so permits, equal to 15 % of its         The Commission shall keep an account of the shares
initial share, rounded off upwards to the next whole             opened by the Member States pursuant to Articles 2
number, if necessary.                                            and 3 and, qb soon a& it has been notified, shall inform'
2.      If, after any of its initial shares has been used up,    each State of the extent to which the reserves have
90 % or more of the second share drawn by a                      been used up.
Member State has been used up, that Member State                 It shall inform the Member States, not later than 5
shall, under the conditions laid down in paragraph 1             October 197& of the status of each of the reserves
and to the extent that the reserve so permits, draw a            after amounts fiave been returned thereto* pursuant to
third share equal to 7-5 % of its initial share, rounded          Article 5.
off upwards to the next whole number, if necessary.
                                                                  It shall ensure that the drawing which exhausts any of
3. If, after any of its second shares has been used               the reserves does not exceed the balance available and,
up, 90 % or more of the third share drawn by a                    to this end, notify the amount of that balance to the
Member State has been used up, that Member State                   Member State making the last drawing.
shall, under the conditions laid down in paragraph 1 ,
draw a fourth share equal to the third.                                                     Article 7
This procedure shall apply until the reserve is used                1.    Member    States   ihall   take all  appropriate
up.                                                                measures to ensure that additional shares drawn
4.      By way of derogation from paragraphs 1 , 2 and
                                                                   pusuant to Article 3 are opened in such a way that
 3, Member States may draw shares less than those
                                                                   imports may be charged without interruption against
 specified therein if there are grounds for believing
                                                                   their aggregate shares of the tariff quota.
 that those specified may not be fully used up. They                2.    Member States shall ensure that importers of the
 shall inform the Commission of their reasons for                   product in question established in their territory have
 applying this paragraph.                                         . free access to the shares allocated to them .
                                                                   3 . The' Member States shall charge the imports
                             Article 4
                                                              ■ of the products concerned against their shares
 Each of the additional shares drawn pursuant to                : as and:" when .the goods are entered for home use .
 Article 3 shall be valid until 31 December 1978 . '
                                                              '4 . The extent to which a Member State has used
                             Article J                             up its shares shall be determined on tne basis
 Member States shall return to the reserve , not later        ■ of the imports charged under the conditions
  than 1 October 1978 ,the unused portions of their                 stipulated in paragraph 3 .
  initial shares which, on 15 September 197g are in
  excess of 20 % of the initial amounts. They may
  return a greater portion if there are grounds for
  believing that such portion may not be fully used up.        }                            Article 8
  Member States shall notify the Commission, not later              At the Commission's request, Member States shall
  than 1 October 1978 ,of the total quantities of the                inform it of imports actually charged against their
  product in question imported up to and including 15                shares.
  September 1978 and charged against the tariff quotas
  and of any portion of their initial shares returned to                                     Article 9
  the reserves.
                                                                     Member States and the Commission shall cooperate
                                                                     closely to ensure that this Regulation is complied
                                                                     with .
                                                                                            Article 10
                                                              i This Regulation shall enter into force on 1 January
                                                              *' 1978 . ' .
                   This Regulation shall be binding in its enti'ety and directly applicable in all Member
                   States.
                   Done at Brussels.
                                                                                 For the Council
                                                                                  The President
 ---pagebreak--- FINANCIAL      STATE M t N T
1 . Budget line concerned : Ch . 12 Art . 120
2 . Leqal basis :      Art 113
3 . Title of the tariff measure :
    Proposal for a Council. Regulation ( EEC ) opening , allocating and providing
    for the administration of tariff quotas for certain types of paper and
    paperboard of subheadings ex 48.01 C II and 48.01 ^of the Common Customs
    Tariff originating in Portug&aal ( 1978 )
4 . Objectives :
    Execution of contractual obligation -Agreement EEC / Portural-
5 . Method of calculation :
    - No of CCT            : ex 48.01 C II                   48.01
    - Quota volume         : 46,305 mt                       1,653 mt
    - Quota duty rate ?      rree                            free
    - Duty rate CCT        ; 8 » 5%                          12%
6 , Loss of receipts :
      680,000 EUR to 1,120,000 EUR , according to the use of the quota
      ( ex 48.01 C II )
      15,000 EUR to 62,000 EUR , according to the use of the quota
      ( 48.01 p