31974R2660

No L 285/4 Official Journal of the European Communities 22 . 10 . 74

REGULATION ( EEC) No 2660/ 74 OF THE COUNCIL of 15 October 1974 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 and extending this quota to include certain types of paper falling within subheading 48.01 E thereof ( 1975 )

THE COUNCIL OF THE EUROPEAN Whereas, for the past three years for which complete COMMUNITIES , statistics are available ; the imports of each of the Member States amounted to the following percentages Having regard to the Treaty establishing the European of total imports of the products in question : Economic Community, and in particular Articles 28 and 113 thereof ; 1971 1972 1973

Benelux 11-74 1 1 - 53 12-18 Having regard to the proposal from the Commission ; Denmark 4-66 7-02 6-92 Germany 29-12 26-65 27-03 Whereas the Community has undertaken to open an France 6-86 7-64 9-45 annual duty-free Community tariff quota of 1 500 000 Ireland 1 - 55 1-95 0 metric tons of newsprint falling within subheading 48.01 A ; Italy 0-07 006 0-34 United Kingdom 46-00 45-15 44-08 ; Whereas, in view of present Community production capacity, that quantity is insufficient to meet antici­ Whereas , in order to arrive at a proper assessment of pated import requirements ; whereas provision should those statistics, however, it should be borne in mind therefore be made for an autonomous supplementary that the opening of a Community tariff quota for the quota which , according to the estimates submitted, enlarged Community may alter the pattern of trade of may be fixed at present at 1 500 000 metric tons ; Member States with third countries ; whereas, in view whereas the fact that this figure has been adopted for of the above and of the foreseeable trend on the the autonomous supplementary quota does not rule market in newsprint, in general , and of production in out a readjustment during the quota period ; whereas a particular, the first tranche of the 1 975 quota may be Community tariff quota should therefore be opened allocated approximately in the following percentages : for 1975 for a total quantity of 3 000 000 metric tons of the product in question ; Benelux 13-40 Denmark 6-80 Whereas, since the present world shortage of paper Germany 25-80 meets all the requirements set out in the supplemen­ France 1 1 -00 . tary note to Chapter 48 , in particular that relating to Ireland 0-72 watermarks, provision should be made for temporarily Italy 1 -43 extending the tariff quota in question to include United Kingdom 40-85 ; certain types of paper fulfilling all requirements except that relating to watermarks and falling at present within subheading 48.01 E ; Whereas, to take account of import trends for the product concerned , the quota should be divided into Whereas equal and continuous access to the quota two tranches , the first being allocated among the should be ensured for all Community importers and Member States and the second held as a reserve to the rate of duty for the tariff quota should be applied cover subsequently the requirements of Member States without interruption to all imports of the product in which have exhausted their initial shares ; whereas, to question until the quota is exhausted ; whereas in the give importers some degree of certainty and yet light of these principles, arrangements for the utiliza­ enable Community ■ production to be disposed of on tion of the Community tariff quota based on an alloca­ satisfactory terms , the first tranche of the quota should tion among Member States would seem to be be fixed at about 97 % of the full amount ; consistent with the Community nature of the quota ; whereas, in order that it may correspond as closely as possible to the actual trend of the market in the Whereas Member States may exhaust their initial product in question , allocation of the quota should be shares at different rates ; whereas to provide for this in proportion to the requirements of the Member eventuality and avoid disruption of supplies any States as calculated by reference to statistics on Member State which has almost used up its initial imports from third countries during a representative share should draw an additional share from the reference period and to the economic outlook for the reserve ; whereas each time its additional share is year covered by the quota in question ; almost exhausted a Member State should draw a

22 . 10 . 74 Official Journal of the European Communities No L 285/ 5

further share, and so on as many times as the reserve 2 . A first tranche of 2 889 000 metric tons shall be allows ; whereas the initial and additional shares allocated among the Member States . Member States should be valid until the end of the quota period ; shares, which subject to Article 5 shall be valid from 1 whereas this form of administration requires close January until 31 December 1975, shall be as follows : collaboration between the Member States and the metric tuns Commission , which latter must be in a position to Benelux 374 000 keep account of the extent to which the quota has Denmark 190 000 been used up and to inform the Member States accord­ Germany 720 000 ingly ; France 400 000 Whereas if at a given date in the quota period a Ireland 20 000 considerable quantity of a Member State's initial share Italy 45 000 remains unused it is essential , to prevent a part of the United Kingdom 140 000 . Community tariff quota from remaining unused in one Member State while it could be used in others, 3 . The second tranche , of 111 000 metric tons, that such State should return a significant proportion shall constitute the reserve . thereof to the reserve ; Whereas, since the Kingdom of Belgium , the Article 3 Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented 1 . If 90 % or more of a Member State's initial share by the Benelux Economic Union , any transaction in as fixed in Article 2 ( 2), or of that share minus the respect of the administration of the shares allocated to portion returned to the reserve where Article 5 has that Economic Union may be carried out by any one been applied, it shall forthwith , by notifying the of its members, Commission , draw a second share , to the extent that the reserve so permits, equal to 10 % of its initial HAS ADOPTED THIS REGULATION : share, rounded up as necessary to the next whole number . Article 1 2 . If, after its initial share has been exhausted , 1 . During the period from 1 January to 31 90 % or more of the second share drawn by a December 1975 , a Community tariff quota of Member State has been used up , that Member State 3 000 000 metric tons shall be opened in respect of shall , in the manner and to the extent provided in newsprint falling within subheading 48.01 A of the paragraph 1 , draw a third share equal to 5% of its Common Customs Tariff (*). initial share . 2. During this period, Member States shall be autho­ rized to charge against this tariff quota paper falling 3 . If, after its second share has been exhausted , within subheading 48.01 E and corresponding to the 90 % or more of the third share drawn by a Member definition of newsprint contained in the Additional State has been used up , that Member State shall , in Note to Chapter 48 , except as regards the criteria the manner and to the extent provided in paragraph 1 , governing watermarks. draw a fourth share equal to the third .

3 . Imports of newsprint shall not be charged This procedure shall apply until the reserve is against this tariff quota if they are already free of exhausted . customs duties under other preferential tariff treat­ ment . Furthermore, imports of paper falling within 4 . Notwithstanding paragraphs 1 , 2 and 3 , Member subheading 48.01 E enjoying duty-free exemption States may draw lesser shares than those specified in under the said tariff quota shall not be charged against those paragraphs if there are grounds for believing the guide ceilings fixed under certain free trade agree­ that those specified may not be used in full . They ments . shall inform the Commission of their reasons for applying this provision . 4 . The Common Customs Tariff duty shall be totally suspended within the limits of the above quota . Article 4 5 . New Member States shall apply duties calculated in accordance with the relevant provisions of the Act Additional shares drawn pursuant to Article 3 shalTbe of Accession to imports within the limits of the above valid until 31 December 1975 . quota .

Article 2 Article 5 1 . The Community tariff quota referred to in Article 1 shall be divided into two tranches . A Member State which on 15 September 1975 has not used up its initial share shall return to the reserve not (') Entry under this subheading is subject to conditions to be later than 10 October 1975 any unused portion in determined by the competent authorities . excess of 20 % of the initial amount . It may return a

No L 285/6 Official Journal of the European Communities 22 . 10 . 74

greater portion if there are grounds for believing that imports may be charged without interruption against it may not be used up . their accumulated share of the Community quota.

Member States shall , not later than 10 October 1975, 2. Member States shall take all measures necessary notify the Commission of the total quantities of the to ensure that paper falling within subheading 48.01 E products in question imported up to and including 15 included in this tariff quota is in fact intended for the September 1975 and charged against the Community printing of newspapers, weekly papers or other periodi­ tariff quota and of any portion of their initial shares cals of heading No 49.02, published at least 10 times returned to the reserve . per year .

3 . Member States shall ensure that importers of the Article 6 products in question established in their territory have free access to the shares allocated to it . The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 4. The extent to which a Member State has used up and 3 and shall , as soon as it has been notified , inform its shares shall be determined on the basis of imports each Member State of the extent to which the reserve of the products in question entered with the customs has been used up. authorities for home use . It shall inform the Member States , not later than 15 October 1975 , of the amount still in reserve after Article 8 amounts have been returned thereto pursuant to Article 5 . Member States shall notify the Commission at regular intervals of the imports charged against their shares. It shall ensure that when a quantity exhausting the reserve is drawn , the amount so drawn does . not Article 9 exceed the balance available , and to this end shall notify the amount of that balance to the Member State Member States and the Commission shall cooperate making the last drawing. closely to ensure that this Regulation is complied with . Article 7 Article 10 1 . Member States shall take all appropriate measures to ensure that additional shares drawn This Regulation shall enter into force on 1 January 1975 . pursuant to Article 3 are opened in such a way that

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Luxembourg, 15 October 1974.

For the Council

The President

B. DESTREMAU