CELEX: 51973PC1967
Language: en
Date: 1973-11-23
Title: DRAFT Regulation (EEC) of the Council on the opening, allocation and administration of a Community tariff quota for certain plywoods of coniferous species, falling within heading No ex 44.15 the Common Customs Tariff (1974) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1967
Vol. 1973/0348
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(73)1967 Final
                                                         Brussels . 23 November 1973
                                                                    1
                                      DRAFT
           Regulation (EEC ) of the Council on the opening, allocation
               and administration of a Community tariff quota for
                certain plywoods of coniferous species , falling
                   within heading No ex 44.15         "the Common
                              Customs Tariff ( 1974 )
                  (submitted to the Council "by the Commission )
   COM(73 ) 1967 Final
 ---pagebreak---                              Hbcplariator.y Mémorandum
                                           1
 1.   Under Protocol No 11 to the Act concerning' the conditions of
      Accession and the Adjustments to the Treaties , the Community
      is to open two nil duty Community tariff quotas from 1 January
      1974 , the volumes of vhich are to "be decided annually when it
      is established that all possibilities of supply on the internal
      market of the Community will be exhausted during the period for
      which the quotas are open *
 2.   On the basis of forecasts made by the Member States , the Community 's
      requir smsnts for imports from third countries for the year 1974 will
      amount to 873 500 cubic metres .
      Hox-;ever , taking into account the provisions of the abovcmentioned
      Protocol concerning the exhaustion of the possibilities of supply
      on the internal market of the Community , the Commission considers
      that the volume of the quota to "be opened at the beginning of the
      year should not exceed 700 COO cubic metres , on the understanding
      that this figure can be adjusted later if necessary .
33 .« It is proposed that administration should be regulated in the usual
      way , that is to say , basically , that a reserve is held , of a volume
      equal to 20^, and that imports are counted against the quota as and
      when they are presented for customs clearance under declarations for
      consumption *
      1 0J No L73, 27 March 1972, P. 170
 ---pagebreak---                                       Draft
                 Regulation (EEC ) of the Council
                on \..\e opening , allocation and administration
                of a Community tariff quota for certain
                plywoods of coniferous species , falling within
              . heading No ex 44° 15 of the Common Customs Tariff
                ( 1974 )          ,
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 23 thereof ;
Ilaving regard to the draft Regulation submitted by the Commission ;
                                               1
• Ihereas , voider Protocol Ho 11 to the Act     concerning the Conditions of
Accession and the Adjustments to the Treaties , the Community is to open
two nil duty Community tariff quotas from 1 January 1974 for certain
plywoods falling within heading No ex 44 - 1 5        "the Common Customs
Tariff , the volume thereof to be decided annually when it is established
that all possibilities of supply cn the internal market of the Community
will be exhaust ed during the period for which the quotas are open ;
whereas , on the basis of forecasts made by the Member States , the
foreseeable import requirements for the prodi?.cts in question during
the year 1974 amount to 873 500 cubic metres ;        whereas , in the light of
the provisions of the abovemen+iored Protocol concerning the exhaustion
of the possibilities of sr.pply on the internal market of the Community ,
the volume of the tariff quota to be opened at the beginning of the
year should be limited to 700 000 cubic metres ;         whereas fixing the
volume at this level does not exclude adjustment during the period for
which the quota is open ;       whereas the requirements mentioned above do
not include imports to which other preferential tariff treatment may
aPPljr j     particular under the European Free Trade Association
arrangements ;      whereas the duties to be applied by the new Member States
under the said tariff quota must be in conformity with the provisions of
 the said Act of Accession , and in particular with those of Article 39
thereof ;
 1 0J No L 73 , 27 March 1972 , p. 170
 ---pagebreak---                                      - 2 -
  Whereas , to "take account more a.ccurat oiy of future import trends for
  the product voider consideration, tho total quota volume should be
  divided into two tranches , the first being . allocated among the Hember
  States and the Eecond held as a reserve to cover at a later date the
  requirements of Member States rho have used up their initial shares ;
  whereas to give importers soae cartain-ly, the first tranche should be
  of a fairly large amount and could be fixed at Q&fo of the total
  quantity ;  whereas , on the basis of forecasts by the Member States ,
  the initial shares can be determined as follows :
                                           In cubic metres
             Germany                           53 350
             Bénélux                           66 000
/            France                            43 050
             Itrly           '                  ? 400
             Denm^rk                           83 500
             Iroland                           35 300
             United Kingdom                   256 4 00
  Whereas the initial shares may be used up fairly quickly ;      whereas ,
  therefore , to avoid dirruption. of supplies , any Member State which
  has almost used up its initiaJ. share should draw a supplementary share
  from the reserve ;   whereas this must be done by each Member State as ■
  ©vCh one of its supplementary ? hares is almost used up , and as many ,
  times as the reserve allocs ;     whereas the initial and supplementary
  shares must be valid until the end of the quota period ;     whereas this
  form of administration requires close collaboration between the Member
  States and the Commission, and the Commission must be in a position to
  follow the extent to which the quota volume has been used up and inform
  the Member States thereof ;    . .
 ---pagebreak---                                                           ΑΝΪΓΕΧ Ο
Whereas , if at a given elate in the quota period , a Member State has
a considerable quantity left over , it is essential that it should
return a significant proportion thereof to the reserve , to prevent a
part of the Community tariff quota from remaining unused in one
llenber State while it could "be used in others ;
Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands
and the Grand Duchy of Luxembourg are jointly represented by the
Lenelux Economic Union any measure concerning the administration of
the shares allocated to that economic union may be carried out by one
of its members :
KAS ADOPTED THIS PJUGÏTLATIOIT :
1.   During the period from 1 Januaryto 31 December 1974 a Community
     tariff quota of 700 000 cubic metres shall be opened in the
     Community for the following products falling within heading
     Ho ox 44=15 of the Common Customs Tariff :
2.   Imports of the product in question may not be counted under this
     tariff quota if thoy ere already free of customs duties under
     other preferential tariff treatment applied by certain Member
     States , in particular the European Free Trade Association
     arrangements :
     (a ) plywood of coniferous species , without the addition of other
          substances , of a thickness greater than $ ram , of which the
          faces are not further prepared than the peeling process ;
     (b ) plywood of coniferous species , without the addition of other
          substances , sanded , and of a thickness greater than 18.5 ram *
3°   Within this tariff quota the Common Customs Tariff duties shall
     be totally suspended .
4«   Without prejudice to their option to accelerate alignment under
     Article 41 of the Act of Accession , the new Member States shal ] \
     rithin this tariff quota apply in lieu of the duties applicable
     in trade with third countries from 1 January 1974 and listed
     in Column 1 of the table below the duties listed in Column '2 fc - -." •
     thereof :
 ---pagebreak---                                   - 4 -
                                Quota duty           Third couiitry duty
                                     1    .                    2
            Denmarlc                 ο η3                     5-2 c/o
            Ireland                  0 Ί»                    ■5-2 f>
                                    18 fo                   23.2 cjo
            United Kingdom           3 %                      8.2 #
                                     6 $S                   11.2 %
1
  The duty to be applied by the United Kingdom in respsct of products
  imported under the said quota from a Commonwealth country shall be
  determined by reducing by 40% the difference between the basic duty ,
  that is to say the duty applicable in trade with such countries on
  1 January 1972 , and the nil quota duty .
                               Article 2
1.   The Community tariff quota referred to in Article 1 rhall be
     divided into tv:o tranches .
2.   The first tranche of f>60 000 cubic metres shall be allocated among
     the Member States ;   the respective shares of the Member States , ,
     which , subject to Article 5 » shall be valid from 1 Jarriary to
     31 December 1 974 » shall be as follows :
            Germany                    5 " 3>0 cubic metres
            Bénélux                    66 000 cubic metres
            France                     40 O^O cubic metres
            Italy                       7 400 cubic metres
            Denmark                    80 500 cubic metres
            Ircland                    35 300 cubic metres
            United Kingdom           256 400 cubic metres
3.   The second tranche , of 140 000 cubic metres shall constitute a
     reserve .
 ---pagebreak---                                   Article 3
1 . If °0^ or more of a Member State 's initial share as specified in
      Article 2(2 ), or of that share minus the portion returned to the
      reserve whore Article 5 is applied , has been used up , that Member
      States shall without delay , by notifying the Commission , draw a
      second share, to the extent that the reserve is sufficient , equal
      to 105S of its initial share, rounded up where necessary to the
      next unit .
2 , If, aft or its initial share has been used up , SQffo or more of the
      second share drawn by a Member State has been used up , that Member
      State shall , by notifying the Commission, draw a third share , to the
      extent that the reserve is sufficient , equal to 5$ of its initial
      share, rounded tip where necessary to the next unit .
3.    If, after its second share has been used up , 90$ or more of the third
      share draim by a Member State has been used up , that Member State
      shall , in accordance with the provisions of paragraph 2 , draw up
      a fourth share equal to the third .
                  t
This process shall continue to apply until the reserve is used up .
4-    By way of derogation from paragraphs 1 to 3 , a Member State may draw
      shares lover than those fixed in those paragraphs if there are grounds
   .* for believing that those fixed may not be used up . It shall inform
      the Commission of its reasons for applying this paragraph.
                                  Article 4
Supplementary shares drawn pursuant to Article 3 shall be valid until
31 December 1974 »
                                  xlrticle 5
A Member State which on 15 September 1974 has not used up its initial
share shall return to the reserve not later than 10 October 1974 "the
unused portion exceeding 20% of the initial amount . It may return a
greater portion if there are grounds for believing that it may not be
used up .
 ---pagebreak---                                     - 6 -
Member States shall , not later than 10 October 1974 » notify the
Commission of the total quantities of the product in question imported
up to and including 15 September 1974 and counted against tho Community
tariff quota . and any quantities returned to the reserve .
                                 Article 6
The Commission shall keep an account of the shares opened by the Ifenber
States pursuant to Articles 2 and 3 and shall , as soon as information
reaches it , inform each state of the extent to which the reserve ha3
been used up .
It shall , not later than -15 October 1974 » inform the Member States of the
amount still in reserve after returns have been made pursuant to
Article 5-
It shall ensure that the drawing which uses up the reserve is Unit 3d to
the balance available and to this end shall specify the amount thereof
to the Member State making the last drawing .
                                 Article 1
1.  Member States shall take all measures necessary to ensure that
    supplementary shares drawn pursuant to Article 3 are opened in such
    a way that imports may be counted without interruption against their
    accumulated shares in the Community quota .
2.  Member States shall ensure that importers of the product in question
    established in their territory have free access to the shares
    allocated to them .
3.  Member States shall count imports of the product in question against
    their shares as and when such products are presented for customs
    clearance under declarations for consumption .
4«  The extent to which a Member State has used up its quota-share
    shall be determined by reference to imports counted in accordance
    with paragraph 3 •
 ---pagebreak---                                Article 8
Member States shall regiixarly inform the Commission of .imports
actually counted against their shares .
                               Art i cle 9
Member States and the Commission shall cooperate closely to ensure
that the preceding Articles are observed .
                               Article 10
This Regulation shall enter into force on 1 January 1 974 *
This Regulation shall be binding in its entirety and directly
applicable in all Member States .
Done at Brussels ,     19                   Per the Council
                                            The President