CELEX: 51978PC0434
Language: en
Date: 1978-09-12
Title: Proposal for a COUNCIL REGULATION (EEC) on the opening, allocating and administration of tariff quotas for certain types of paper and paperboard falling within subheadings ex 48.01 C II and 48.01 F of the Common Customs Tariff originating in Portugal (1979) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 434
Vol. 1978/0165
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(78)434 final.
                                               Brussels , 12 September 1978
                               Proposal for a
                          COUNCIL REGULATION (EEC )
     on the opening , allocating and administration of tariff quotas
        for certain types of paper and paperboard falling within
              subheadings ex 48.01 C II and 48.01 F of the
                     Common Customs Tariff originating
                             in Portugal ( 1979 )
              ( submitted to the Council "by the Commission)
 COM(78) 434 final .
 ---pagebreak---                            EXPLANATORY MEMORANDUM
1.     On 20 September 1976 the European 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 " Kraft liner", and for paper and paperboard , other , of tariff
       subheadings ex 48.01 C II and 48.01 F , originating in Portugal ,
       the Community , as originally constituted , and Ireland , shall open ,
       for the period from 1 January 1976 to 31 December 1983 , annual " zero-
       duty tariff quotas of 42 000 tonnes and 1 500        tonnes respectively .
       These quotas should be increased yearly by 5% . The tariff quotas for
       1979 should no* be opened .
2.     The draft regulation opening the tariff quotas provides - as is custo-
       mery in this field - for the division of each quota volume into two
       instalments , the first being allocated among the Member States as quota
       shares and the second being held as a reserve .
       The allocation of the volume of the first instalment of the quota
       should be based on the rules generally applied . These involve calcula­
        ting each Member State 's total imports over the last three years as a
       proportion of total Community imports during the " same period and applying ,
        for each Member States , the percentages thus obtained to the volume of
        the first instalment .
3.      The foregoing is the subject of the proposal for a regulation .
ANNEX : 1 proposal for a Regulation .
 ---pagebreak---                                                        PROPOSAL FOR A
                                           COUNCIL REGULATION (EEC)
              >   ■              •           ,                    •   ,
                     * on the opening, allocation and administration of tariff quotas for certain types
                        of paper and paperboard falling within subheadings ex 48.01 C II and 48.01 F of
                                   the Common Customs Tariff, originating in Portugal ( 1979 )       >
          THE COUNCIL OF THE EUROPEAN                               ,       :                            \
          COMMUNITIES,
          Having regard to the Treaty establishing the European
          Economic Community, and in particular Article 113
          thereof,                         '                                          '                    i
          Having regard to the proposal from the Commission,                                       *
          Whereas Article 4 of the Interim Agreement between
          the European Economic Community and the Portu-                  ?
          guesc Republic (') lays down that the Community as            , !
          originally constituted and Ireland should open annual
          duty-free tariff quotas for Kraftliner and for other                                         -
          paper and paperboard falling within subheadings ex                                             -
          48.01 C II and 48.01 F of the Common. Customs
          Tariff, originating in Portugal, of 42 000 and 1 500
          tonnes respectively, which should be increased yearly
          by 5% as from 1 January 1977 ; whereas the tariff                   I
          quotas concerned should be opened for 1979 }
          Whereas it is in particular necessary to ensure for all Community importers,
          equal and uninterrupted access to the abovementioned quotas and uninterrupted
          application of the rates laid down for these quotas to all imports of the
                •                                               I
       ' products concerned into all Member States until the quotas have been used up
          whereas , having regard to the above principles , the Community nature of the
          quotas can be respected by allocating the Community tariff quotas among the
          Member States ; whereas, in order to reflect as accurate^, as possible the
          true trend of the market in the products in question , such allocation should
          be in proportion to the requirements of the Member States , calculated by
          reference to the statistics for imports from Portugal over a representative
        • reference period and also to the economic outlook for the quota period in
          question ;
          Whereas , during the last three years for which statistics are available , the
          corresponding' imports by each of the Member States represent the following
          percentages of imports into the Community from Portugal of the products
          concerned :                                                                   ' •
( 1 ) 0J N° L- 266, 29.9.1976, p. 1 .
 ---pagebreak---                                  subheading ex 48.01I   C II                subheading 48.01 r
                             1S75         1976            1S77     1975       i    1976        1977
  Bénélux                    20,1         25,2         ■ 31 .*     • 2.8           28,7
  Germany                    34,7         2/1             32,1        a»
                                                                                   54,0        20,7
  France                     21Λ          18,2            2V       73,1           ' 8,0        79,3
  Ireland                     6.7           6.7            m .
                                                                   24.1              A3         m:
  Italy                      17,1         21,8            14,8                       ^'         m;
                    Whereas, in view of these factors and of market fore­
                    casts for the products concerned during the quota
                    period in question, the percentage shares in the quota
                    volumes may be expressed roughly as follows :
                                                        subheading         subheading
                                                      ex 40.01 Cil       ,   48.01 F
                    Bénélux                                20-1                  6,0
                    Germany                                34-7                  9,0
                    France                                 22-4                 64,0
                    Ireland                                  5-8                 6
                    Italy                                  17-0
                                                                                 4,5
Whereas , in order to take into account import trends for the products
concerned in the various Member States , each of the quota amounts should
be divided into two instalments , the first being shared among the Member
States and the second constituting a reserve to cover at a later date
the requirements of the Member States which have used up their initial                              -
quota shares ; whereas , in order to give importers in each Member State
a certain degree of security , the first instalment of the Community quotas
might under the present circumstances be fixed at 75% and 50% respectively
of the quota volumes .
 ---pagebreak--- Whereas the Member States' initial shares may be used up at different
times ; whereas , in order to take this fact into account and avoid
any break in continuity , any Member State which has almost used up
 its initial quota shares , should draw an additional share from the
corresponding reserve ; whereas this must be done by each Member State-
as and when each of its additional shares in almost used up , and
repeated as many times as the reserve allows ; whereas the initial
and additional shares must be valid until the end^of the quota period;
whereas this method of administration requires close cooperation '
between the Member States and the Commission , and the latter must
be in a position to monitor the extent to which the quota volumes >, ' ■ < '
have1 been used up and to inform the Member States thereof ;
Whereas if , at a given date in the quota period , a substantial                              '
quantity remains uqused , n't is essential that Member State should
return a significant proportion to the corresponding reserve to
prevent a part of any Community 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 Luxembourg are united in and represented by
the Benelux Economic Union , any operation relating to the administra­
tion of the quota shares allocated to the Economic Union may be carried
out by any of its members ,                                          - .             ' ,
«            ,         HAS ADOPTED THIS REGULATION : '
               » ' '!          1    ,         .                      ' ..    '     '     [■ .
                    i'                         '   Article I
                       For the period 1 January to 31 December '1979 . duty-
                       free tariff quotas shall be opened in the Community
                       as originally constituted and Ireland for products origi­
                       nating in Portugal , and within the limits Set out
                       below :
                           CCT
                                                   Description            ; Tariff quota
                          heading
                            No
                                                                               (tonnes)
                       48.01          Paper and paperboard (including
                                      cellulose • wadding),     machine-
                                      made, in rolls or sheets :
                                      C. Kra?k paper and kraft board :
                                        - ex II. Other :
                                                 –• Kraft! iner              48*620
                                  I   F. Other
                      "■          I                                            1.736 Λ
 ---pagebreak---                                             - 4 -
    -                                  Art i cle 2
1. The tariff quotas referred to in Article 1 shall be divided into
   two instalments .
2. A first instalment of each quota , that is 36.465 and 868 tonnes
   respectively , shall be shared among the Member States ; the
   respective shares , which subject to Article 5 shall be valid until
   31 December 1979 and shall be as follows :
                                                   -           ftonnts)
                    Member States    subheadtng      subheadtng
                                    ex 4* 01 C il      48.01 F
            Bénélux                    7 330                52
            Germany                   12.650
            France                     8 170           ... 555        ,
            Ireland                    2.115               143
            Italy                      6,200                39
                                  -                                     /
3. The second instalment of each quota , 12.155 and 868 tonnes
   respectively , shall constitute the corresponding reserve .
 ---pagebreak---                                        - 5 -
                                   Article 3
  1.   If 90°/. or more of one of the Member State 's initial shares as specified
-      in Article 2 ( 2 ), or 90% of. that share minus the portion returned to the
       corresponding reserve where Article 5 is applied , has been used up , then ,
       to the extent permitted by the amount of the reserve , that Member State
       shall forthwith , by notifying the Commission , draw a second share equal
   .   to 15% of its initial share , rounded up where necessary to the next unit . .
  2.   If , after one of its initial shares has been used up , 90% or more of the
       second share drawn by a Member State has been used up , then , to the extent
       permitted by the amount of the reserve , that Member State shall , in accor­
       dance with the conditions laid down in paragraph 1 , draw a third share
       equal to 7,5% of its initial share , rounded up where necessary to the
       next unit .                   .        ' ,
- 3.   If , after one of its second shares has been used up , 90% or more of the
       third share drawn by a Member State has been used up , that Member State
       shall , in accordance with the conditions laid down in paragraph 1 , draw
       a fourth share equal to the tii:*d .
     -     '                            ' ■ . •   , v \                        •.  •
       This process shall continue until the reserve is used up .
  4.   By way of derogation from paragraph 1 to 3 , a Member State may draw
       shares smaller than those fixed in those paragraphs if there is "
       reason to believe that they might not be used up . It shall inform            \
       the Commission of its reasons for applying this paragraph .
 ---pagebreak--- f
                                       - 7 -
                                     Article 7
                           • "
  1 . The Member States shall take all measures necessary to ensure
       that additional shares drawn pursuant to Article 3, are opened
       in such a way that imports may be charged without interruption
       against their accumulated shares of the Community quotas .
  2 . The Member States shall ensure that importers of the products
        in question established in their .territory have free access to
       the shares allocated to them .
  3 . The Member States shall charge imports of the products in
        question against their shares as and when the products are
        entered for home use .   -                         ,
                                                   , . '         i       >
   4 . 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 .
                                      Art i - le 8
   At the request of the Commission , the Member States shall inform it
   of imports actually charged against their shares .
                                      Article 9
           Λ                   '                '
    The Member States and the Commission shall cooperate closely in order
    to ensure compliance with this Regulation .
                                                                       ♦
                                      Article 10                              '
                                                                 X       s
    This Regulation shall enter into force on 1 January 1979 .
            This Regulation shall be binding in its entirety and
            directly applicable in all Member States .
     Done at Brussels ,            <                         For the Council
                                                             The President
                                                         /
 ---pagebreak---                                Article 4
Additional shares drawn pursuant to Article 3 shall be valid until
31 December 1979 .
                               Article 5
The Member States shall return to the reserve , not ' later than
1 October 1979 , Juoh unused portions of their initial shares as ,
on 15 September 1979 , are in excess of 20% of the initial volumes .
They may return a larger quantity if there are grounds for believing
that this quantity may not be used .
The Member States shall, not later thy 1 October 1979, notify the
Commission of the total quantities of the products in question
imported up to 15 September 1979 and charged against the Community
quotas , and of any quantities of the initial shares returned to
the reserve .
                               Article 6
The Commission shall keep an account of the shares opened by the
Member States pursuant to Articles 2 and 3 and shall , as soon as
it is notified , inform each State of the extent to which the reserves
have been used up .
It shall inform the Member States , not later than 5 October '1979, ■
of the amount in each reserve after quantities have been returned
pursuant to Article 5 .
The Commission shall ensure that any drawing which uses up any v
reserve' is limited to the balance available , and to this end shall
indicate the amount of their balance to the Member State which
makes fUih. last drawing .