CELEX: 51987PC0638
Language: en
Date: 1987-12-03
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for certain types of rosin falling within No ex 3806 10 90 of the Combined Nomenclautre (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
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DOCUMENTS "COM"
COM (87) 638
Vol. 1987/0303
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(87 ) 638 final
                                             Brussels , 3 December 1987
                                  Proposal for a
                            COUNCIL REGULATION ( EEC )
        opening, allocating and providing for the administration of a
     Community tariff quota for certain types of rosin falling within
             No ex 3806 10 90 of the Combined Nomenclautre ( 1988 )
                         ( submitted by the Commission )
C0M(87 ) 638 final
 ---pagebreak---                                                                             Cutx - C < z
                             EXPLANATORY MEMORANDUM
1.    The purpose of this memorandum is to present to the Council a proposal
      for a regulation opening , allocating and providing for the administration
      for 1988 of an autonomous Community tariff quota at zero duty for rosin
      obtained from wood falling within subheading ex 3808 A of the Common
      Customs Tariff or No ex 3806 10 90 of the Combined Nomenclature, which
      will enter into force on 1 January 1988 .
2.    This matter was examined at a meeting of the Economic Tariff Problems
      Group held on 7 and 8 May 1987 .    At this meeting , the Greek and
      Portuguese delegations reported that they each produced large quantities
      of rosin not obtained from wood , most of which has to be exported .
      They request that the 1988 tariff quota be fixed at a level which would
      not jeopardize sales of their production .     The other delegations
      insisted on the need to maintain a variety of sources of supply .
3.    In order to avoid upsetting the market equilibrium for this product
      and to guarantee , under favourable conditions , a parallel development
      of the market for Community production and of security of supply to
      user industries , the Commission considers that the volume of the quota
      should be restricted to the amounts absolutely necessary to cover
      requirements not covered by other duty-free preferential tariff
      arrangements (principally EFTA and GSP ).
      Imports of rosin obtained from wood into the Community from third
      countries which do not qualify for the duty-free entry by virtue
      of other preferential arrangements were as follows in 1984 , 1985
      and 1986 :
Member State             1984                 1985                1986
                  tonnes         %     tonnes      %       tonnes        X
Benelux             889       35.95  5 514      77.86       303      20.81
Denmark               43       1.74       9      0.13         5        0.34
Germany                0       0         67      0.95       142        9.75
Greece                 1       0.04       0      0            0        0
Spain                 12       0.49      27      0.38        10        0.69   .
France                 0       0          6      0.08         2        0.14 :
Ireland                0       0          0      0            0        0
Italy                 18       0.73      38      0.54        17        1.17
Portugal               8       0.32      11      0.15         6        0.41
United Kingdom    1 502       60.73  1 410      19.91       971      66.69
                  2 473              7 082                1 456
 ---pagebreak---                                    -2-
   Moreover , imports into the Community of Ten from third countries which
   do qualify for other duty-free preferential tariff arrangements have
   fluctuated in recent years between 120 000 and 150 000 tonnes , and
   there is nothing , at the present time at least , to suggest that the
   situation might develop differently as regards the EFTA and GSP
   arrangements .
4. Under these conditions , the Commission proposes a quota volume of
   6 000 tonnes , which should cover all the Community 's requirements
   in 1988 .
5. The allocation of this quota between the Member States , as proposed by
   the Commission , is based on the foreseeable import requirements of
   each Member State in 1988 .
   However in view of the relatively large volume of the tariff quota
   proposed as compared with the Community 's import requirements from
   non-preferential third countries , and in view of the fact that the
   quotas opened in recent years were not used up , the Commission
   proposes that the 6 000 tonnes be divided into two parts , with
   1 200 tonnes being held as a Community reserve to cover any
   subsequent requirements of Member States which have used up their
   initial share .
 ---pagebreak---                                                              Proposai * or
                                           COUNCIl. RKGULATION ( TEC ) No
                                                          of
                   opening, allocating and providing for the administration of a Community tariff quota for rosin,
                   obtaineJ from wood , falling within no ex 3806 10 91) of the
                                    Combined Nomenclature ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 28
thereof,
Having regard to the proposal from the
Commission ,
Whereas production in the Community of rosin obtai ned from wood
 within No ex 3806 10 90 of the Combined Nomenclature
        is currently insufficient to meet the requirements of
the processing industries in the Community ; whereas ,
consequently , Community supplies of products of this type
currently depend in part on imports from third countries ;
whereas the most urgent Community requirements for the
product in question should be met immediately on the most
favourable terms; whereas a Zel3?ity Community tariff quota
should therefore be opened within the limits of an
appropriate amount ; whereas , in order not to jeopardize the
balance of the market for this product and to ensure parallel
development in outlets for Community production and
satisfactory security of supplies for user industries , the
volume of the Community tariff quota should be fixed at
8 000 tonnes ; whereas , therefore , the tariff quota in question
  should be opened on 1 January 1 98 8 and allocated among
  Member States ;
       Ifhereas the Community has adopted , with effect from 1 January 1988 , a
       Combined Nomenclature for goods which meets the requirements of the Common
       Customs Tariff and the external trade statistics of the Community and
       statistics of trade between Member States ; whereas at the same time in
       order to accommodate specific Community measures this Nomenclature has
       been expanded into an integrated tariff of the European Communities ( TARIC )
       whereas , from the date given above , the Combined Nomenclature and , where
       appropriate , the TARIC code numbers should be used for the description
       of the products covered by this Regulation ;
       Whereas equal and continuous access to the quota should be ensured for all
       Community importers and the rate laid down for the quota should be
       applied consistently to all imports of the products in question into
       the Member States until the quota is exhausted ; whereas , in the light
       of these principles , allocation of the tariff quota among the Member States
       would seem to preserve the Community nature of the quota ; whereas in
       order to correspond as closely as possible to the real trend of the market
       for the products in question the allocation should reflect the requirements
       of the Member States based on statistics c * imports of the said products
       from non-preferential third countries during a representative reference
       period and on the economic outlook for the quota period in question ;
 ---pagebreak---                                                     -2-
    Whereas, on the basis of the current Ly available statistics,
    imports into the Community of Ten in 1984, 1985 and 1986
    of the product concerned ,      from third countries which
    do not qualify for an equivalent preferential tariff
    arrangement, have developed as follows and represent
    the following percentages of total imports into the
    Communitv :
Member State                      1984                         1985            1986
                          tonnes           %          tonnes        /   tonnes        %
Benelux                     889        35.95        5 514        77.86   303      20.81
Denmark                        43        1.74             9       0.13     5        0.34
Germany                         0        0               67       0.95   142        9.75
Greece                          1        0.04             0       0        0        0
Spain                          12        0.49            27       0.38    10        0.69
France                          0        0                6       0.08     2        0.14
Ireland                         0        0                0       0        0        0
Italy                   :      18        0.73            38       0.54    17        1.17
Portuga l                       8        0.32            11       0.15     6        0.41
United Kingdom            1 502        60.73        1 410        19.91   971      66.69
                          2 473                     7 082              1 456
Whereas in view of these factors and of market forecasts for this product
for 1988 , the initial percentage shares of the quota volume can be
expressed approximately as follows :
Benelux                                                36.46
Denmark                                                  2.08
Germany                                                  4.18
Greece                                                   0.10
Spain                                                    0.10
France                                                 10.42
Ireland                                                  2.08
Italy                                                    2.81
Portugal                                                 0.10
United Kingdom                                         41.67
Whereas , to allow for the trend of imports of the product concerned
in the various Member States , the quota volume should be divided into
two parts , the first being allocated among the Member States and the
second held as a reserve to cover any subsequent requirements of Member
States which have used up their initial share ; whereas , to afford
importers in each Member State some degree of certainty, the first part
of the tariff quota should be set at a relatively high level , which in this
case could be 80 % of the quota volume ;
 ---pagebreak---                                                          -3-
Whereas the initial shares may be used up at different rates ; whereas ,
in order to avoid any break in the continuity of supplies on this
account , it should be provided that any Member State which has almost
used up its initial share should draw an additional share from the
reserve ; whereas each time its additional share is almost used up a
Member State should draw a further share and so on as many times as the
reserve allows ; whereas the initial and additional shares must be valid
until the end of the quota periods ; whereas this form of administration
requires close cooperation between the Member States and the Commission
and the latter must be able to monitor the extent to which the quota
volume has been used up and inform the Member States accordingly ;
Whereas if at a given date in the quota period a considerable quantity of
a Member State 's initial share remains unused , it is essential that the
Member State concerned should return a significant proportion thereof to
the corresponding reserve in order to prevent part of the Community
tariff quota from remaining unused in one Member State when it could be
used in others ;
Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands and
the Grand Duchy of Luxemburg , are united within and jointly represented
by the Benelux Economic Union , any operation concerning the administration
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 . From 1 January to 31 December 1988 the customs duty applicable to
      imports of the following products shall be suspended at the level
      indicated and within the limits of a Community tariff quota as
      shown below :
                       Combined                                                   Amount of    Rate of
         Order No      Nomenclature                                  Description tariff quota     duty
                       code                                                       ( in tonnes) ( in % )
         09.2715          ex 3806 10 90            Rosin obtained from wood      6 000
                                                                                                   0
   Within the limits of this tariff quota , Spain and Portugal shall
   apply duties calculated in accordance with the relevant
   provisions laid down in the Act of Accession of Spain and
   Portugal .
   2.     Imports of the product in question may not be charged
   against this tariff quota if they are already free of customs
   duties under other preferential tariff arrangements .
                                Article 2
    1.    The tariff quota referred to in Article 1 ( 1 ) shall be
   divided into two parts .
    2 . The first oart            amounting to 4800 tonnes, shall be
 a l locatectmong the Member States . The shares which ,
    subject to Article 5 , shall be valid until 31 December 198 3
    shall be as follows :
 ---pagebreak---                                                                                /
                                     -4-
                                         ( tonnes )
Benelux                                    1 750
Denmark                                      100
Germany                                      200
Greece                                         5
Spain                                          5
France                                       500
Ireland                                      100
Italy                                        135
Portugal                                       5
United Kingdom                             2 000
3.  The second part of the quota , amounting to 1 200 tonnes , shall
    constitute the reserve .
                                   Article 3
1.   If a Member State has used 90 Z of its initial share as specified
     in Article 2 ( 2 ), or of that share less any portion returned to the
     reserve pursuant to Article 5 , it shall forthwith , by notifying
     the Commission and to the extent that the reserve so permits , draw
     a second share equal to 5 Z of its initial share , rounded up where
     necessary to the next whole number .
2.   If , after its initial quota share has been used up, a Member State
     has used 90 Z or more of its second share as well , it shall forth¬
     with , using the procedure provided for in paragraph 1 , draw a
     third share equal to 2.5 Z of the initial share, rounded up where
     necessary to the next whole number .
3.   If , after its second share has been used up, a Member State has used
     90 Z or more of its third share, it shall , using the procedure pro¬
     vided for in paragraph 1 , draw a fourth share equal to the third .
     This process shall continue until the reserve is used up .
4.   By way of derogation from paragraphs 1 , 2 and 3 , Member States
     draw smaller shares than those specified in the said paragraphs ,
     if there is reason to believe that they might not be used in full .
     Member States shall inform the Commission of their reasons for
     applying this paragraph .
                                    Article 4
     Additional shares drawn pursuant to Article 3 shall be valid until
     31 December 1988 .
                                    Article 5
     By 1 October 1988 at the latest Member States must return to the reserve
     the unused portion of their initial share , which , on 15 September 1988
     is in excess of 20 Z of the initial volume .    They may return a greater
     portion if there is reason to believe that it might not be used .
     By 1 October 1988 at the latest Member States must notify the Commission
     of the total quantities of the products concerned imported on or
     before 15 September 1988 and harg°d against the Community quota and
     of any portion of their initial share that they are returning to the
     reserve .
 ---pagebreak---                                 -5-
                            Article 6
The Commission shall keep account of the shares drawn by Member
States pursuant to Articles 2 and 3 and shall inform each Member
State of the extent to which the reserve has been used up as soon
as it has been notified .
It shall inform the Member States not later than 5 October 1988 of
the state of the reserve following any return of quota shares pursuant
to Article 5 .
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 Member State making the final
drawing .
                            Article 7
Member States shall take all appropriate measures to ensure that
additional drawings of shares pursuant to Article 3 enable imports
to be charged without interruption against their accumulated share
of the Community tariff quota .
Member States shall ensure that importers of the products concerned
have free access to the quota shares allocated to them .
Member States shall charge imports of the products concerned against
their shares as and when the goods are entered with the customs
authorities for free circulation .
The extent to which a Member State has used up its shares shall be
determined on the basis of the imports charged in accordance with
paragraph 3 .
                             Article 8
At the request of the Commission , Member States shall inform it of
imports actually charged against their quota shares .
                             Article 9
The Member States and the Commission shall cooperate closely to
ensure that this Regulation is complied with .
                            Article 10
This Regulation shall enter into force on 1 January 1988 .
This Regulation shall be binding in its entirety and directly v
applicable in all Member States .
Done at Brussels ,
                                           For the Council
                                            The President