CELEX: 51981PC0606
Language: en
Date: 1981-10-26
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for newsprint falling within subheading 48.01 A of the Common Customs Tariff (1982) and extending this quota to include certain other types of paper (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 606
Vol. 1981/0183
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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
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(81)606 final
                                                  Brussels - 26 October 1981
                                 Proposal for a
                            COUNCIL REGULATION ( EEC )
         opening , allocating and providing for the administration of a
         Community tariff quota for newsprint falling within subheading
         48.01 A of the Common Customs Tariff ( 1982 ) and extending this
         quota to include certain other types of paper
                                 >          - - .
                               & - :J
                  ( submitted to the Council by the Commission )
C0M(81 ) 606 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
1.    At the last multilateral GATT negotiations , the Community undertook to open
      annually a nil-duty Community tariff quota for 1 500 000 tonnes of newsprint
      falling within subheading 48.01 A of the Common Customs Tariff .
      Furthermore, the Community informed the Nordic delegation (text Nord k of
     document NCG(67.)^ rev. ) that it had decided to open a nil-duty tariff quota
      each year under Article 28 of the Treaty of Rome if it were established that all
      possibilities of supply on the internal market of the Community had been
      exhausted during a given accounting period and after having entirely used up the
      nil duty quota bound under GATT .
      Moreover , Protocol N° 13 annexed to the Act of Accession also provides for the
      opening of an autonomous Community tariff quota for this product when it has
      been established that all possibilities of supply on the internal market of the
      Community have been exhausted during the period for whicfi the quota is opened.
2.    Judging from market trends over the past few years it is already clear that the
      198 2 Community tariff quota to be opened must be greater than the 1 500 000
      tonnes originally established. The matter of the quota amount to be provided for
       198 2 was the subject of a discussion by the Economic Tariff Questions Group on
     16 September 198 2,, at the conclusion of which it trahspired that :
       (i) the market for Community production in 198 2 did not seem to be guaranteed
      at the moment and, therefore , that the condition imposed on the opening of an
      autonomous tariff quota by Protocol N° 13 , and by the commitment entered into
      with the Nordic delegation , did not therefore appear to be currently fulfilled ■;
      (ii) the estimates put forward by the Member States fixed their import
   . requirements from third countries at nearly 3 000 000           tonnes, according to
      the level which might be reached by Community production,. although the actual
      utiiization of quotas opened for 1977 , 1978 , 1979 and 1980 was only 2 385 000 ,
      2 500 G00 » '2 c60 C0C an :! 2 721 400 respectively and for 1981 the figure is
      likely to be similar .
      The consumption trend and the unfavourable current general economic
      situation do not justify such requirements for . 1982 .
 ---pagebreak---                                     - 2 -
3. Generally speaking , the Commission considers in this case that in view of the
   uncertainties regarding the levels of consumption , production and imports from
   third countries, as well as of the need to ensure parallel development of
   Community production and of supplies for the consumer industries on
   satisfactory terms, it is necessary to show discretion in fixing the quota to be
   opened so as not to jeopardize the stability of the market. For the above reasons ,
   the Commission proposes that the quota be fixed for 198 2 at the anticipated
   minimum level of import requirements of the Member States, namely 2 700 000
   tonnes , and that the situation be reviewed in the course of the year .
4. The tariff quota is allocated in accordance with the method which has normally
   been applied : allocation is based on past import figures and on estimates for the
   quota year in question.
   Furthermore , in view of the size of the quota proposed from the start, the
   Commission considers that it would be contrary to the Community nature of this
   quota to divide it up into shares allocated definitively to all the Member States.
   It therefore proposes a system of administration based on the establishment of a
   Community reserve limited to 5 , 5% .This system of allocation and administration
   was , moreover , unanimously approved by all Member States at the time of the
   opening of the tariff quota for previous years.
5. Pending a definitive decision on the problem of watermark criteria, contained in
   the Additional Note to Chapter 48 , it is proposed to renew for 1982 the
   possibility for the Member States to charge against the quota concerned other
   types of paper which, leaving aside the criteria of watermarks, correspond to the
   definition of newsprint to be found in tjie abovementioned Additional Note.
 ---pagebreak---   Whereas, to take account *>f import trends for the               2. Member States may charge against this tariff
  product concerned, .the quota should be divided into '           quota the other types ,of paper complying with the
  two tranches, the first being allocated among the                definition of newsprint contained in the Additional
  Member States and the second held as a reserve to                Note to. Chapter 48 , except as regards the Criteria
  cover subsequently the requirements of Member                    governing watermarks.                                       '
  States which have exhausted their initial shares ;
  whereas, to give , importer^ some degree of certainty
  and yet enable Community production to be disposed            " 3. Imports . of newsprint shall not be charged
  of on satisfactory terms, the first tranche of the quota         against this tariff quota if they are already free of
  should be fixed at about 94 % of the.full amount;                customs duties under other preferential tariff
                                                                   treatment. Furthermore, imports of any other'paper
  Whereas Member States may exhaust their initial                  referred to in . paragraph , 2 enjoying duty-free
  shares at different rates; whereas to provide for this           exemption under the said tariff quota shall not be
  eventuality and avoid disruption of supplies any                 charged against the target ceilings fixed under certain
  Member State which has almost used up its initial                free trade agreements.
  share should draw an additional share from the
  reserve ; whereas each time its additional share is              4. The- Common Customs Tariff duty shall be
  almost exhausted a Member State should draw a
                                                                   totally suspended within the limits of the above quota.
  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 j              Withjn the limits of the above quota, 'Greece shall
  whereas this form of administration requires close               apply duties calculated in accordance with the
  collaboration between the Member States and the                  relevant provisions laid down in the 1979 Act of
  Commission, and the latter must be in a position to              Accession .              ~
  keep account of the extent to which the quota has
  been used up and to inform the Member - States
  accordingly ;       ,        >.                                                             Article 2                    • . <
  Whereas if at a given date in the quota period a
  considerable quantity of a Member State's initial                 1.   The Community tariff quota referred to in
                                                                   Article 1 shall be divided into two tranches.          '•
  share remains unused it is essential , to prevent a part
  of the Community tariff quota from remaining
  unused in one Member State while it could be used in             2.    A first tranche of 2 5 50 000 tonnes shall be
  others, that such State should return a significant-             allocated among the Member States. Member States'
  proportion thereof to the reserve; 1 ^ »                         shares, which subject to Article 5 shall be valid from
                                                                    1 Januaiy until 31 December 1982 / shall be as
  Whereas, . since the Kingdom of Belgium, the ;                   follows : .                           '
. Kingdom of the Netherlands and the Grand Duchy                                                                   tonnes
  of Luxembourg are united within and jointly
  represented by the Benelux Economic Union, any                           Bénélux                            " 357 765
  transaction in respect of the administration of the                      Denmark                               162 '945
  shares allocated to that economic union may be                           Germany                               621    435
  carried out by any one of its members,             -*                    Greece                              - 64 770
                                                                           France                                295 , 800
                                                                           Ireland        ■ «                    . 30 090
                                                                           Italy      -                       ' 23 715
                                                                           United Kingdom                      . 993 480
   HAS ADOPTED THIS REGULATION :
                                                                    3.   The second tranche, of 150 000 tonnes, shall
                              Article t                             constitute the reserve.
    1.     During the period 1 January to- 31 December
    198 2 /a Community tariff quota of 2 7 00 000 tonnes                                      Article 3                      .
 . shall be opened in respect of newsprint falling within
   subheading      48.01 A of the        Common      Customs      . !.    If 90% or more of a Member State's initial
   Tariff (' ).                                                     share as fixed in Article 2 (2), or of that share minus
                                                                    the portion returned to the reserve where Article 5
   ( ') hntry under this subheading is^subject to conditions to     has been applied , has been used up it shall forthwith ,
        be determined by the competent authorities.              ; by notifying the Commission , draw a second share, to
 ---pagebreak---                                                    PROPOSAL FOR A
                                   COUNCIL REGULATION (EEC)
              opening, allocating and providing for the administration of a Community tariff quota for
              newsprint falling within subheading 48.01 A of the Common Customs Tariff ( 1982,) and
                              extending this quota to include certain other types of paper
 THE COUNCIL OF THE EUROPEAN                                   the rate of duty for the tariff quota should be applied
 COMMUNITIES,                                                  without interruption to all imports of the product in
                                                               question until the quota is exhausted ; whereas in the
                                                               light of theses principles, arrangements for the
 Having regard to the Treaty establishing the                  utilisation of the Community tariff quota based on an
 European Economic Community, and in particular                allocation among Member States would seem to be
 Articles 28 and 113 thereof,
                                                               consistent with the Community nature of the quota ;
                                                               whereas, in order that it may correspond as closely as
 Having regard to the proposal from the Commission,            possible to the actual trend of the market in the
                                                               product in question, allocation of the quota should be
                                                               in proportion to the requirements of the Member
 Whereas the Community has undertaken to open an               States as calculated by reference to statistics on
 annual duty-free Community tariff quota of                    imports from third countries during a' representative
 1 500 000 tonnes of newsprint falling within                  reference period and to the economic outlook for the
 subheading 48.01 A ; whereas, in accordance with
 Protocol 13 annexed to the 1972 Act of Accession,
                                                               year covered by the quota in question ; ,
 each year an autonomous Community tariff quota is
 to be opened for this product when it has been
 established that all possibilities of supply on the           Whereas, for the past three years for which complete
 internal market of the Community have been                    statistics are available, the imports of each of the
 exhausted during the period for which the quota is             Member States sharing in the above allocation
 opened ;                                                      amounted to the following percentages of total
                                                               imports of the products in question :
 Whereas, in view of present Community production                                            1978       1979  1980
 capacity, the contractual quota volume of 1 500 000            Benelux                    14-78       13-05  14-44
 tonnes is insufficient to meet anticipated import
 requirements ; whereas provision should therefore be           Denmark                      6-55       5-85    5 - 49
 made for an autonomous supplementary quota which,              Germany                    25-28       25-64  27-39
 in order not to jeopardize the stability of the market         Greece                        1-66      1-16    1-11
 and so as to ensure parallel development of the
                                                                France                      11-12      12-08  12-15
 market for Community production and of supplies for
 the consumer industries on satisfactory terms, should          Ireland                       1-94       1-76   0 - 39
 be fixed at a level so that the total quota does not           Italy                         0-89       1-03   1 " 63
 exceed its anticipated minimum utilization, namely
                                                                United Kingdom              39-44      39-43  37.40
2 7 GO 000 tonnes ; whereas the fixing of a figure of
1 2 CP 000 tonnes for the autonomous supplementary
 quota does not rule out a readjustment during the
 quota period ; whereas a Community tariff quota                Whereas, in view of the above and of the foreseeable
  should therefore be opened for 198 2 for a total              trend on the market in newsprint, in general, and of
  quantity of 2700 000 tonnes of the product in                 Community production in particular during 1982 the
  question ;                                                     initial quota may be allocated approximately in the
                                                                 following percentages :
  Whereas provision should be made for extending the                     Benelux                  14-03
  tariff quota in question to include certain types of                   Denmark    1              6-39
  paper fulfilling all . the conditions set out in the                   Germany                  24-37
  Additional Note to Chapter 48 except those relating                    Greece                    2*54
  to water marks ;                                                       France                   11-60
                                                                          Ireland                  1 08
  Whereas equal and continyous access to the quota                        Italy                    0-93
  should be ensured for all Community importers and                       United Kingdom          38 j 96
 ---pagebreak--- the extent that the reserve so permits, equal to 15 %•    It shall inform the Member States, not later than
of its initial share, rounded up as necessary to the      5 October 1982 of the amount still in reserve after
next whole number.                              '         amounts have been returned thereto pursuant to
                                                          Article 5 .                        '.
2.     If, after its initial share has been exhausted,
90 °/o or more of the second share drawn by a             It shall ensure that when a quantity exhausting the
Member State has been used up, that Member State          reserve is drawn , the amount so drawn does not
shall , in the manner and to the extent provided in       exceed the balance available, and to this end shall
paragraph 1 , draw a third share equal to 7-5 % of its    notity the amount of that balance , to the Member
initial share .                                           State making the last drawing.
3.     If, after its second share has been exhausted ,
90 % or more of the third share drawn by a Member                                   Article 7
State has been used up, that Member State shall, in
the manner and to the extent provided in paragraph        1 ..      Member States     shall take    all appropriate
1 , draw a fourth share equal to the third.               measures to ensure that additional shares drawn
This procedure shall apply until the reserve is           pursuant to Article 3 are opened in such a way that
exhausted .                                               imports may be charged without interruption against
                                                          their accumulated share of the Community quota.
4. Notwithstanding paragraphs. 1 , 2 and 3 ,                                            4
Member States may draw lesser shares than those           2 . * Member States shall take all measures necessary
specified in those paragraphs if there are grounds for    to ensure that the types of paper referred to in Article
believing that those specified may not be used in full.    1 (2) included in this tariff quota are in fact intended
They shall inform the Commission of their reasons         for the printing of newspapers, weekly papers or
for applying this provision.                ,             other periodicals of heading No 49.02 , published at
                                                          least 10 times per year.
                           Article 4
                                                          In such a case, the control of the use of the goods for
                                                          the prescribed end-use shall be carried out by
                                                          applying the relevant Community provisions.
Additional shares drawn pursuant to Article 3. shall be _
valid until 31 December 1982 .
                                                          3. ,      Member States shall ensure that importers of the
                                                          products in question established in their territory have
                                                          free access to the shares allocated to it.
                           Article 5
                                                           4 ..
                                                           4        The extent to which a Member State has used
The Member States shall* return to the reserve, not        up
                                                           up its its shares shall be determined on the basis of
later than 1 October . 1982 , the unused portion of        imports of the products in question entered with the
their initial share which, on 15 September 1982 is in      customs authorities for free circulation .
excess of 20 % of the initial amount. They may
 return a greater portion if there are grounds for
believing that such portion may not be used in full .           *                    Article 8
 Member States shall, not later than 1 October 1912 ,      At the Commission's request, the Member States shall
 notify the Commission of the total quantities of the      inform it of imports actually charged against their
 products in question imported up to and including 15      shares.            "
 September 1982 and charged against the Community
 tariff quota and of any portion of their initial shares
 returned to the reserve.                                                            Article 9
                                                            Member States and the Commission shall cooperate
                         r Article 6
                                                            closely to ensure that this Regulation is complied
                                                            with .
 The Commission shall keep an account of the shares
 opened by the Member States pursuant to Articles 2                                  Article 10
 and 3 and shall, as soon as it has , been notified,
 inform each Member State of the extent to which the        This Regulation shall enter into force on 1 January
 reserve has been used up.                                  1982 .
                This Regulation shall be binding in its entirety and
                directly applicable in all Member States .
 Done at Brussels ,                      1981 .                             For the Council
                                                                             The President