31974R2661

22 . 10 . 74 Official Journal of the European Communities No L 285 / 7

REGULATION ( EEC) No 2661 / 74 OF THE COUNCIL of 15 October 1974 opening, allocating and providing for the administration of a Community tariff quota for certain plywoods of coniferous species , falling within heading No ex 44.15 of the Common Customs Tariff ( 1975 )

THE COUNCIL OF THE EUROPEAN in cubic metres COMMUNITIES , Benelux 75 000 Denmark 85 000 Germany 110 000 Having regard to the Treaty establishing the European France 25 000 Economic Community, and in particular Articles 28 Ireland 25 000 and 113 thereof ; 22 000 Italy United Kingdom 300 000 ;

Having regard to the proposal from the Commission ; Whereas Member States may exhaust their initial shares at different rates ; whereas to provide for this eventuality and to avoid disruption of supplies any Whereas , under Protocol No 1 1 to the Act of Acces­ Member State which has almost used up its initial share should draw an additional share from the sion ('), the Community is required to open each year nil duty Community tariff quotas for certain plywoods reserve ; whereas each time its additional share is almost exhausted a Member State should draw a of coniferous species falling within heading No ex 44.15 of the Common Customs Tariff, the volume further share, and so on as many times as the reserve thereof to be decided annually when it is established allows ; whereas the initial and additional shares that all possibilities of supply on the internal market should be valid until the end of the quota period ; of the Community have been exhausted during the whereas this form of administration requires close collaboration between the Member States and the period for which the quotas are open ; whereas, having regard to the aforesaid possibilities of supply and on Commission , which latter must be in a position to the basis of forecasts of requirements made by the keep account of the extent to which the quota has Member States, the tariff quota to be opened for 1975 been used up and to inform the Member States accord­ may be fixed at 652 000 m 3 ; whereas the opening of ingly ; the aforementioned tariff quota also covers the commitment contracted by the Community within Whereas if, at a given date in the quota period, a the GATT to grant in respect of these products an considerable quantity of a Member State's initial share annual duty-free tariff quota of 400 000 m 3 ; whereas remains unused it is essential , to prevent a part of the the requirements mentioned above do not include quota from remaining unused in one Member State while it could be used in others , that such State imports to which other preferential tariff treatment may apply, in particular under free trade agreements ; should return a significant proportion thereof to the reserve ; whereas in view of the relatively small quantities produced in the Community, it is not necessary to Whereas , since the Kingdom of Belgium , the apportion this amount between the categories of plywood specified in the abovementioned Protocol Kingdom of the Netherlands and the Grand Duchy of No 1 1 ; Luxembourg are united within and jointly represented by the Benelux Economic Union , any transaction in respect of the administration of the shares allocated to that Economic Union may be carried out by any one Whereas , to take more precise account of import of its members , trends for the products concerned , the quota should be divided into two tranches , the first being allocated among all the Member States and the second held as a reserve to cover subsequently the requirements of HAS ADOPTED THIS REGULATION Member States which have exhausted their initial shares ; whereas , to give importers some degree of certainty, the first tranche of the quota should be /1 rticlc 1 fixed at a relatively high level , or about 98 % of its full amount ; whereas , on the ^asis of Member States ' 1 . During the period from 1 January to 31 estimates of their needs, the initial shares may be December 1975 a Community tariff quota of. fixed as follows : 652 000 m 3 shall be opened for the following products falling within heading No ex 44.15 of the (') OJ No L 73 , 27 . 3 . 1972, p. 170 . Common Customs Tariff :

No L 285/8 Official Journal of the European Communities 22 . 10 . 74

(a) plywood of coniferous species, without the addi­ 4. Notwithstanding paragraphs 1 , 2 and 3, Member tion of other substances, of a thickness greater States may draw lesser shares than those specified in than 9 mm , the faces of which are not further those paragraphs if there are grounds for believing prepared than the peeling process ; that those specified may not be used in full . They shall inform the Commission of their reasons for (b) plywood of coniferous species, without the addi­ tion of other substances, sanded , and of a thick­ applying this provision . ness greater than 18-5 mm . Article 4 2 . Imports of the products in question may not be charged against this tariff quota if they are already free Additional shares drawn pursuant to Article 3 shall be of customs duties under preferential treatment applied valid until 31 December 1975 . by certain Member States, in particular under free trade agreements. Article 5 3 . New Member States shall apply duties calculated in accordance with the relevant provisions of the Act A. Member State which on 15 September 1975 has not of Accession to imports within the limits of the above used up its initial share shall return to the reserve not quota . later than 10 October 1975 any unused portion in excess of 20 % of the initial amount. It may return a Article 2 greater portion if there are grounds for believing that it may not be used up . 1 . The tariff quota referred to in Article 1 ( 1 ) shall be divided into two tranches . Member States shall , not later than 10 October 1975, 2 . A first tranche of 642 000 m 3 shall be allocated notify the Commission of the total quantities of the among the Member States. Member States' shares, products in question imported up to and including 15 September 1975 and charged against the Community which subject to Article 5 shall be valid until 31 December 1975 , shall be as follows : quota and of any portion of their initial shares returned to the reserve . in cubic metres Benelux 75 000 Denmark 85 000 A rticle 6 Germany 110 000 France 25 000 The Commission shall keep an account of the shares Ireland 25 000 opened by the Member States pursuant to Articles 2 22 000 and 3 and shall , as soon as it has been notified , inform Italy each State of the extent to which the reserve has been United Kingdom 300 000 . used up . 3 . The second tranche , of 10 000 m 3 , shall consti­ tute the reserve . It shall inform the Member States , not later than 15 October 1975 , of the amount still in reserve after amounts have been returned thereto pursuant to Article 3 Article 5 . 1 . If 90 % or more of a Member State's initial share as fixed in Article 2 (2), or of that minus the portion It shall ensure that when a quantity exhausting the returned to the reserve where Article 5 has been reserve is drawn , the amount so drawn does not exceed the balance available , and to this end shall applied , it shall forthwith, by notifying the Commis­ sion , draw a second share , to the extent that the notify the amount of that balance to the Member State reserve so permits, equal to 10 % of its initial share, making the last drawing. rounded up as necessary to the next whole number. 2 . If after its initial share has been exhausted , 90 % Article 7 or more of the second share drawn by a Member State 1 . Member States shall take all appropriate has been used up , That Member State shall , in the measures to ensure that additional shares drawn manner and to the extent provided in paragraph 1 , pursuant to Article 3 are opened in such a way that draw a third share equal to 5 % of its initial share . imports may be charged without interruption against 3 . If after its second share has been exhausted , their accumulated share of the Community quota . 90 % or more of the third share drawn by a Member State has been used up , that Member State shall , in 2 . Member States shall ensure that importers of the the manner and to the extent provided in paragraph 1 , product in question established in their territory have tree access to the shares allocated to them . draw a fourth share equal to the third .

This procedure shall apply until the reserve is 3 . Member States shall charge imports of the exhausted . products in question against their shares as and when

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the products are entered with the customs authorities Article 9 for home use . Member States and the Commission shall cooperate 4. The extent to which a Member State has used up closely to ensure that this Regulation is complied its shares shall be determined on the basis of imports with . charged against that share in accordance with para­ graph 3 .

Article 10 Article 8 Member States shall notify the Commission at regular This Regulation shall enter into force on 1 January 1975 . intervals of imports against their shares.

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