CELEX: 31987R4103
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4103/87 of 22 December 1987 opening, allocating and providing for the administration of a Community tariff quota for newsprint falling within code 4801 00 10 of the combined nomenclature (1988) and extending this quota to include certain other types of paper

No L 383 / 26                               Official Journal of the European Communities                                   31 . 12 . 87
                                            COUNCIL REGULATION ( EEC ) No 4103 / 87
                                                          of 22 December 1987
                   opening, allocating and providing for the administration of a Community tariff quota for
                   newsprint falling within code 4801 00 10 of the combined nomenclature ( 1988 ) and extending
                                           this quota to include certain other types of paper
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              third countries which do not benefit from equivalent
                                                                        preference during a representative reference period and on
 Having regard to the Treaty establishing the European                  the economic outlook for the quota year in question;
 Economic Community , and in particular Article 113
 thereof,
                                                                        Whereas during the last three years for which complete
 Having regard to the proposal from the Commission ,                    statistics are available the corresponding imports into each of
                                                                        the Member States represented the following percentages of
Whereas , for newsprint falling within subheading 48.01 A of            total imports of the product in question from third countries
the Common Customs Tariff, the Community has decided to                 which do not benefit from an equivalent preferential tariff
                                                                        measure :
 conclude an agreement which provides in particular for the
 opening of a Community tariff quota of 650 000 tonnes , of
which 600 000 tonnes are reserved until 30 November each
year , in accordance with Article XIII of the General                   — from Canada :
Agreement on Tariffs and Trade , exclusively for products
from Canada ; whereas this agreement provides equally that
from 30 November each year the residue which has not been
                                                                                  Member State             1984      1985       1986
used by 29 November can be applied to imports of newsprint
of any origin ; whereas , therfore, an overall zero-duty
                                                                        Benelux                             5,59     3,81      10,11
Community tariff quota of 650 000 tonnes should be opened
for the product in question for 1988 , subdivided as indicated          Denmark                            0         0,01        0,04
above ;                                                                 Germany                           18,66     15,18      22,62
                                                                        Greece                              0        0,01        0
Whereas provision should be made for extending the tariff               Spain                               1,17      1,05       0,88
quota in question to include certain types of paper fulfilling          France                             0,20      0,82        3,31
all the conditions set out in the Additional Note to Chapter            Ireland                             1,08      1,10       1,08
48 except those relating to watermarks;                                 Italy                              2,10      2,34        1,68
                                                                        Portugal                           0         0,09        0,22
Whereas the Community has adopted , with effect from                    United Kingdom                    71,20     75,59      60,06
 1 January 1988 , a combined nomenclature for goods which
meets the requirements of the Common Customs Tariff and
the nomenclature of goods for the external trade statistics of          — from other countries :
the Community and statistics of trade between Member
States ; whereas , in order to accommodate specific                               Member State             1984      1985       1986
Community rules , this nomenclature has been expanded into
an integrated tariff of the European Communities ( TARIC);              Benelux                            5,83       1,75       2,01
whereas, from that date , the combined nomenclature and ,               Denmark                            0,04      0           0
where appropriate , the TARIC code numbers should be used
                                                                        Germany                           40,75     39,39      27,80
for the description of the product covered by this
                                                                        Greece                             5,55     10,11      15,12
Regulation;
                                                                        Spain                             20,32     24,52        3,49
                                                                       France                              4,43      2,20        1,21
Whereas equal and continuous access to the quotas should be             Ireland                            0,01      0,01        0,01
ensured for all Community importers and the rates laid down
for the quotas should be applied consistently to all imports of         Italy                              0,81      0,53      21,97
the product in question into the Member States until the               Portugal                            6,13      7,79        6,12
quotas are exhausted ; whereas , in the light of these                 United Kingdom                     16,13     13,70      22,27
principles , allocation of the tariff quotas among the Member
States would seem to preserve the Community nature of the
quotas ; whereas in order to correspond as closely as possible
to the real trend of the market for the products in question the       Whereas in view of these factors and of market forecasts for
allocation should reflect the requirements of the Member               newsprint in general and for Community production in
States based on statistics of imports of the said products from        particular during 1988 , and of the effective use of the
 ---pagebreak--- 31 . 12 . 87                                      Official Journal of the European Communities                                       No L 383 / 27
quotas opened for 1986 and 1987 , the initial percentage                            should draw an additional share from the corresponding
shares of the quota volume can be expressed approximately                           reserve ; whereas each time one of its additional shares is
 as follows :                                                                       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
                                        Volume of            Volume of
                                      600 000 tonnes       50 000 tonnes            quota period ; whereas this form of administration requires
                                                                                    close cooperation between the Member States and the
Benelux                                      6,60               1,57                Commission and the latter must be able to monitor the extent
Denmark                                     0,02                0,01                to which the quota volumes have been used up and inform the
Germany                                    19,03               27,27                Member States accordingly;
 Greece                                      0,01              15,07
 Spain                                       1,04              13,20
                                                                                    Whereas if at a given date in the quota period a quantity of a
                                                                                    Member State's initial share remains unused , it is essential
France                                       1,38               2,98
                                                                                    that the Member State concerned should return a significant
 Ireland                                     1,08               0,01                proportion thereof to the corresponding reserve in order to
 Italy                                       2,02              20,13                prevent part of the Community tariff quota from remaining
 Portugal                                    0,10               3,27                unused in one Member State when it could be used in
 United Kingdom                            68,72               16,49                others ;
                                                                                    Whereas since the Kingdom of Belgium , the Kingdom of the
                                                                                    Netherlands and the Grand Duchy of Luxembourg are united
Whereas , to allow for the trend of imports of the product                          within and jointly represented by the Benelux Economic
 concerned , the quota volumes should be divided into two                           Union , any operation concerning the administration of the
parts , the first being allocated among the Member States and                       quota shares allocated to that economic union may be carried
the second held as a reserve to cover any subsequent                                out by any one of its members ,
requirements of Member States which have used up their
initial share ; whereas , to afford importers in each Member
State some degree of certainty and yet enable Community                             HAS ADOPTED THIS REGULATION :
production to be marketed on satisfactory terms , the first
part of the Community quotas should be set at a certain level ,
which in this case could be 75% and 67% of the quota
volumes ;                                                                                                       Article 1
Whereas the initial shares may be used up at different rates ;                       1.     From 1 January to 31 December 1988 the customs duty
whereas , in order to avoid any break in the continuity of                          applicable to imports of the following product shall be
supplies on this account , it should be provided that any                           suspended at the level indicated and within the limits of
Member State which has almost used up its initial share                             Community tariff quotas as shown below:
                                                                                                                   Amount of
       Order No              CN code                                      Description                                  quota
                                                                                                                                     Rate of duty
                                                                                                                     (tonnes )           (% )
09.0015                 4801 00 10                Newsprint ('):
                                                  — from Canada                                                     600 000               0
09.0017                                           — from other third countries                                        50 000              0
(*) Entry under this subheading is subject to conditions determined by the relevant Community provisions .
2.      Within the limit of this tariff quota the Kingdom of                        tariff quota the other types of paper corresponding, except as
Spain and the Portuguese Republic shall apply customs duties                        regards the criterion relating to watermarks , to the definition
calculated in accordance with the relevant provisions of the                        of newsprint contained in Additional Note 1 to Chapter 48
1985 Act of Accession .                                                             and falling within subheading 4801 00 90 of the combined
                                                                                    nomenclature .
3.      Imports of newsprint may not be charged against this
tariff quota if they are already free of customs duties under
other preferential tariff arrangements .                                                                        Article 2
4.      Without prejudice to the international obligations of                       From 30 November 1988 , the residue of the amounts
the Community, Member States may charge against this                                referred to in Article 1 which have not actually been
 ---pagebreak--- No L 383 / 28                                   Official Journal of the European Communities                                    31 . 12 . 87
 used by 29 November 1988 , or which are not expected to be                This process shall continue until the reserve is used up .
used before 31 December 1988 , can be applied to imports of
the product in question whether from Canada or from                        4.     By way of derogation from paragraphs 1 , 2 and 3 ,
 another third country.                                                    Member States may 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 3
 1.     The first part of each of the amounts referred to in                                           Article 5
Article 1 , consisting of 450 000 tonnes for the amount
referred to under Order No 09.0015 and 33 500 tonnes for
the amount referred to under Order No 09.0017 , shall be                   The additional shares drawn pursuant to Article 4 shall be
 allocated among the Member States ; the quota shares,                     valid until 31 December 1988 .
which , subject to Article 6 , shall be valid from 1 January to
31 December 1988 , shall be as follows :
                                                                                                       Article 6
                                                               (tonnes)
                                     Amount referred  Amount referred
                                      under Order       under Order
                                                                           By 1 October 1988 at the latest , Member States must return
                                      No 09.0015        No 09.0017         to the reserve the unused portion of their initial share which ,
                                                                           on 15 September 1988 , is in excess of 20% of the initial
Benelux                                  29 700             526            volume . They may return a greater portion if there is reason
Denmark                                      90                3           to believe that it might not be used .
Germany                                  85 635           9 135
Greece                                       45           5 049            By 1 October 1988 at the latest, Member States must notify
Spain                                     4 680           4 422            the Commission of the total quantities of the products
France                                    6 210             999
                                                                           concerned imported on or before 15 September 1988 and
Ireland                                   4 860                3
                                                                           charged against the Community quotas and of any portion
                                                                           of their initial shares that they are returning to the
Italy                                     9 090           6 744
                                                                           corresponding reserves .
Portugal                                    450           1 095
United Kingdom                         309 240            5 524
                                                                                                       Article 7
2.      The second parts , amounting to 150 000 tonnes and                 The Commission shall keep account of the shares drawn by
16 500 tonnes respectively, shall constitute the reserve .                 Member States pursuant to Articles 3 and 4 and shall inform
                                                                           each Member State of the extent to which the reserves have
                                                                           been used up as soon as it has been notified .
                                                                           It shall inform the Member States not later than 5 October
                                Article 4
                                                                           1988 of the state of the reserves following any return of quota
                                                                           shares pursuant to Article 6 .
1.      If a Member State has used 90 % or more of one of its
initial shares as specified in Article 3 (1 ), or of that share less       It shall ensure that the drawing which exhausts the reserve
any portion returned to the reserve pursuant to Article 6 , it             does not exceed the balance available , and to this end shall
shall forthwith , by notifying the Commission and to the                   notify the amount of that balance to the Member State
extent that the reserve so permits , draw a second share equal             making the final drawing .
to 1 0 % of its initial share , rounded up where necessary to the
next whole number .
2.      If, after one of its initial quota shares has been used up ,                                   Article 8
a Member State has used 90 % or more of its second share as
well , it shall forthwith , using the procedure provided for in            1.     Member States shall take all appropriate measures to
paragraph 1 , draw a third share equal to 5 % of the initial               ensure that additional drawings of shares pursuant to
share .
                                                                          Article 4 enable imports to be charged without interruption
                                                                           against their accumulated share of the Community tariff
3.      If, after one of its second shares has been used up , a            quota .
Member State has used 90 % or more of its third share , it
shall , using the procedure provided for in paragraph 1 , draw             2.    Member States shall take all appropriate measures
a fourth share equal to the third .                                       to make sure that the paper referred to in Article 1
 ---pagebreak--- 31 . 12 . 87                             Official Journal of the European Communities                            No L 383 / 29
fully meets the criteria for admission to this tariff quota .                                 Article 9
                                                                    At the request of the Commission , Member States shall
Where this is the case , the relevant Community procedures          inform it of imports actually charged against their quota
shall be applied in order to monitor use of the paper for the       shares .
prescribed specific purpose .
                                                                                              Article 10
3.     Member States shall ensure that importers of the
products concerned have free access to the quota shares
allocated to them .
                                                                    The Member States and the Commission shall cooperate
                                                                    closely to ensure that this Regulation is complied with .
4.     The extent to which a Member State has used up it
shares shall be determined on the basis of the imports of the                                 Article 1 1
products concerned entered with the customs authorities for
free circulation .                                                  This Regulation shall enter into force on 1 January 1988 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels , 22 December 1987 .
                                                                                          For the Council
                                                                                            The President
                                                                                           N. WILHJELM