31974R3257

No L 349 / 6 Official Journal of the European Communities 28 . 12 . 74

REGULATION ( EEC) No 3257 / 74 OF THE COUNCIL of 19 December 1974 increasing the Community tariff quota opened for 1974 by Regulation ( EEC) No 3590 / 73 for newsprint falling within subheading 48.01 A of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES ,

Having regard to the Treaty establishing the European Article 1 Economic Community, and in particular Article 28 thereof ; 1 . The volume of the Community tariff quota opened by Regulation ( EEC) No 3590 /73 for news­ Having consulted the Commission ; print falling within subheading 48.01 A of the Common Customs Tariff is hereby increased from Whereas, for newsprint falling within subheading 3 053 000 to 3 068 000 metric tons . 48.01 A of the Common Customs Tariff, a duty-free Community tariff quota, the amount of which has 2 . This increase of 15 000 metric tons shall consti­ been fixed at 3 053 000 metric tons, has been opened tute a reserve . by the Council and allocated among the Member States by Regulation ( EEC) No 3590/73 (') ; whereas, by Regulation ( EEC) No 1 409 /74 (2 ), the benefit of the tariff quota in question was extended to certain types Article 2 of paper falling within subheading 48.01 E which , apart from the criterion of watermarks , correspond to 1 . As soon as a Member State has used 90 % or the definition of newsprint given in the Additional more of its share as fixed in Article 2 of Regulation Note to Chapter 48 of the Common Customs Tariff ; ( EEC) No 3590/73 , it shall forthwith , by notifying the Commission , draw a second share to the extent that Whereas , on the basis of the most recent data on this the reserve so permits , equal to 10 % of its initial product for 1974, it may be estimated that the addi­ share rounded up as necessary to the next whole tional imports from non-member countries required number . by the Community amount to 15 000 metric tons ; whereas the size of the quota should be increased by this quantity to take account of the requirements 2 . As soon as a Member State, after exhausting its noted ; whereas , in order to safeguard the Community initial share , has used 90 % or more of the second character of the tariff quota in question , a Community share drawn by it, that Member State shall forthwith , reserve equal to the proposed increase should be set in the manner and to the extent provided in para­ up ; graph 1 , draw a third share equal to 5 % of its initial share . Whereas the initial shares allocated to Member States may be exhausted at different rates ; whereas to take 3 . As soon as a Member State , after exhausting its account of this and to avoid disruption of supplies it second share , has used 90 % or more of the third should be provided that any Member State which has share drawn by it , that Member State shall forthwith , almost used up its initial share should draw an addi­ and in accordance with the same conditions and to tional share from the reserve ; whereas each time its the extent provided in paragraph 1 , draw a fourth additional share is almost exhausted a Member State share equal to the third . should draw a further share, and so on as many times as the reserve allows ; whereas the initial and addi­ It shall continue in this fashion until the reserve is tional shares should be valid until the end of the exhausted . quota period ; whereas this form of administration requires close collaboration between the Member States and the Commission , and the Commission 4 . By way of derogation from paragraphs 1 , 2 and must be in a position to keep account of the extent to 3 , the Member States may draw shares lower than which the quotas have been used up and to inform those specified in those paragraphs if there are the Member States accordingly, grounds for believing that those specified may not be used in full . Any Member State applying this para­ (!) OJ No L 365, 31 . 12 . 1973 , p. 36 . graph shall inform the Commission of its grounds for (2 ) OJ No L 150 , 7 . 6 . 1974, p. 3 . so doing .

28 . 12 . 74 Official Journal of the European Communities No L 349 /7

Article 3 amount of that balance to the Member State making the last drawing. Additional shares drawn pursuant to Article 2 shall be valid until 31 December 1974 . Article 5 Article 4 Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to The Commission shall keep an account of the shares Article 2 are opened in such a way that imports may opened by the Member States pursuant to Article 2 of be charged without interruption against its accumu­ Regulation ( EEC) No 3590/73 and Article 2 of this lated share of the quota . Regulation and, as soon as the information reaches it, shall inform each Member State of the extent to which the reserves have been used up . Article 6

It shall ensure that when an amount exhausting the This Regulation shall enter into force on the day of its reserve is drawn the amount so drawn does not exceed publication in the Official Journal of the European the balance available , and to this end shall notify the Communities.

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

Done at Brussels, 19 December 1974 . For the Council

The President J. P. FOURCADE