31975R2876

12 . 11.75 Official Journal of the European Communities No L 292/ 1

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 2876/75 OF THE COUNCIL

of 29 October 1975

on the opening, allocation and administration of a Community tariff quota for certain plywoods of coniferous species, falling within heading No ex 44.15 of the Common Customs Tariff ( 1976)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas, to take more precise account of future trends in imports' of the products concerned, the quota should be divided into two tranches, the first being allocated among all the Member States and Having regard to the Treaty establishing the European the second held as a reserve to cover the subsequent Economic Community, and in particular Articles 28 requirements of Member States which have exhausted and 113 thereof ; their initial shares ; whereas, in order to offer importers some degree of security, the first tranche of the quota should be fixed at a relatively high level, or Having regard to the proposal from the Commission ; about 97% of its full amount; whereas, on the basis of Member States' estimates of their needs, the initial shares may be fixed as set out in Article 2 ; Whereas, under Protocol No 11 to the Act of Accession (*), the Community is required to open each year nil duty Community tariff quotas for certain plywoods of coniferous species falling within Whereas Member States may use up their initial heading No ex 44.15 of the Common Customs shares at different rates ; whereas, to provide for this Tariff, the volume thereof to be decided annually eventuality and to avoid disruption of supplies, any when it is established that all possibilities of supply Member State which has almost used up its initial on the internal market of the Community have been share should draw an additional share from the exhausted during the period for which the quotas reserve; whereas, each time its additional share is are open; whereas, in view of the aforesaid possi­ almost used up, a Member State should draw a bilities of supply and on the basis of forecasts of further additional share, and so on as many times requirements made by the Member States, the vol­ as the reserve allows ; whereas the initial and ume of the tariff quota to be opened for 1976 may additional shares should be valid until the end of be fixed at 635 000 m3 ; whereas the opening of the the quota period ; whereas this form of administration aforementioned tariff quota also covers the commit­ requires close collaboration between Member States ment entered into by the Community within the and the Commission, which latter must, in particular, GATT to grant in respect of these products an be able to keep a record of the extent to which the annual duty-free tariff quota of 400 000 m8; whereas quota has been used up and to inform the Member the abovementioned requirements do not include States accordingly ; imports to which other preferential tariff arrange­ ments may apply; whereas, in view of the relatively small quantities produced in the Com: Whereas if, at a given date in the quota period, a munity, it is not necessary to apportion this amount considerable quantity of a Member State's initial share between the categories of plywood specified in the remains unused, it is essential that that Member abovementioned Protocol No 11 ; State should return a significant proportion to the reserve, so as to avoid a part of the quota remaining unused in one Member State when it could be used C ) OJ No L 73 , 27. 3 . 1972, p. 170. in others ;

No L 292/2 Official Journal of the European Communities 12 . 11 . 75

/« cubic metres Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Benelux 85 000 Luxembourg are united within and jointly represented by the Benelux Economic Union, any measure Denmark 74 800 concerning the administration of the shares allocated Germany 100 000 to that Economic Union may be carried out by any one of its members, France 20 000

Ireland 10 000

Italy 25 000 HAS ADOPTED THIS REGULATION : United Kingdom 300 000 .

3 . The second tranche of 20 200 m3 shall constitute Article 1 the reserve.

1 . During the period 1 January to 31 December Article 3 1976, a Community tariff quota of 635 000 m3 shall be opened for the following products falling within heading No ex 44.15 of the Common Customs 1 . If 90% or more of a Member State's initial share Tariff : as fixed in Article 2 (2), or of that share minus any portion returned to the reserve where Article 5 has ( a) plywood of coniferous species, without the been applied, has been used up, that Member State addition of other substances, of a thickness shall forthwith, by notifying the Commission, draw greater than 9 mm, the faces of which are not a second share, to the extent that the reserve so further prepared than the peeling process ; permits, equal to 10% of its initial share, rounded up as necessary to the next whole number. (b) plywood of coniferous species, without the addition of other substances, sanded, and of a thickness greater than 18*5 mm. 2. If, after its initial share has been exhausted, 90% or more of the second share drawn by a Member State has been used up, that Member State shall, in 2. Imports of the products in question may not be the manner and to the extent provided in paragraph charged against this tariff quota if they are already 1 , draw a third share equal to 5% of its initial share, free of customs duties under other preferential tariff rounded up as necessary to the next whole number. arrangements .

3 . If, after its second share has been exhausted, 3 . The Common Customs Tariff duty shall be 90% or more of the third share drawn by a Member totally suspended within the limits of the above State has been used up, that Member State shall, in quota . the manner and to the extent provided in para­ graph 1 , draw a fourth share equal to the third.

4. New Member States shall apply duties calculated This procedure shall apply until the reserve is used in accordance with the relevant provisions of the Act up . of Accession to imports within the limits of the above quota . 4. By way of derogation from paragraphs 1 , 2, and 3 , Member States may draw lesser shares than those specified therein if there are grounds for believing Article 2 that those specified may not be used in full. They shall inform the Commission of their reasons for applying this paragraph. 1 . The tariff quota referred to in Article 1 ( 1 ) shall be divided into two tranches .

Article 4 2 . A first tranche of 614 800 m3 shall be allocated among the Member States. Member States' shares which, subject to Article 5 , shall be valid until Additional shares drawn pursuant to Article 3 shall 31 December 1976, shall be as follows : be valid until 31 December 1976.

No L 292/3 12.11.75 Official Journal of the European Communities

Article7¶

1 . Member States shall take all appropriate measures Member States shall return to the reserve, not later to ensure that additional shares drawn pursuant to than 1 October 1976, the unused portions of their Article 3 are opened in such a way that imports may initial shares which, on 15 September 1976, are in be charged without interruption against their excess of 20% of the initial amounts. They may aggregate shares of the Community quota. return a greater portion if there are grounds for believing that such portion may not be used in full. 2. Member States shall ensure that importers of the products in question established in their territory have free access to the shares allocated to them . Member States shall notify the Commission, not later than 1 October 1976, of the total quantities of 3 . Member States shall charge imports of the the products in question imported up to and products in question against their shares as and when including 15 September 1976 and charged against the the products are entered with the customs authorities Community quota and of any portion of their initial for home use . shares returned to the reserve. 4. The extent to which a Member State has used up its share shall be determined on the basis of Article 6 imports charged against that share in accordance with paragraph 3 .

The Commission shall keep an account of the shares Article 8 opened by the Member States pursuant to Articles 2 and 3 and, as soon as it has been notified, shall At the Commission's request, Member States shall inform each State of the extent to which the reserve inform it of the imports actually charged against their shares. has been used up.

Article 9 It shall inform the Member States, not later than 5 October 1976, of the amount still in reserve after Member States and the Commission shall cooperate amounts have been returned thereto pursuant to closely to ensure that this Regulation is complied Article 5 . with.

It shall ensure that the drawing which exhausts the Article 10 reserve does not exceed the balance available and, to this end, shall notify the amount of that balance This Regulation shall enter into force on 1 January 1976. to the Member State making the last drawing.

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

Done at Luxembourg, 29 October 1975.

For the Council

The President

G. MARCORA