31975R2886

No L 292/30 Official Journal of the European Communities 12 . 11.75

REGULATION (EEC) No 2886/75 OF THE COUNCIL

of 29 October 1975

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 (1976), and extending temporarily this quota to include certain other types of paper

THE COUNCIL OF THE EUROPEAN COMMUNITIES , closely as possible to the actual trend of the market in the product in question, allocation of the quota should be in proportion to the requirements of the Member States as calculated by reference to statistics Having regard to the Treaty establishing the on imports from third countries during a represen­ European Economic Community, and in particular tative reference period and to the economic outlook Articles 28 and 113 thereof; for the year covered by the quota in question;

Having regard to the proposal from the Commission ; Whereas, for the last three years for which complete statistics are available ; the imports of each of the Member States amounted to the following percent­ Whereas the Community has undertaken to open ages of total imports of the products in question : an annual duty-free Community tariff quota of 1500,000 metric tons of newsprint falling within 1972 1973 1974 subheading 48.01 A ; Benelux 11-53 12-18 14-04 Denmark 7-02 6-92 4-89 Whereas, in view of present Community production Germany 26-65 27-04 25-78 capacity, that quantity is insufficient to meet France 7-64 9-46 13-46 anticipated import requirements ; whereas provision Ireland 1-95 0 2-12 should therefore be made for an autonomous Italy 0-06 0-32 0-42 supplementary quota which, according to the United Kingdom 45-15 44-08 39-29 ; estimates submitted, may be fixed at present at 750 000 metric tons ; whereas the fact that this figure has been adopted for the autonomous supplementary Whereas, in order to arrive at a proper assessment quota does not rule out a readjustment during the of those statistics, however, it should be borne in quota period ; whereas a Community tariff quota mind that the opening of a Community tariff quota should therefore be opened for 1976 for a total for the enlarged Community may alter the pattern of quantity of 2 250 000 metric tons of the product in trade of Member States with third countries ; whereas, question ; in view of the above and of the foreseeable trend on the market in newsprint, in general, and of production in particular during 1976 the quota may Whereas provision should be made, for a new period be allocated approximately in the following running from 1 January to 30 June 1976, for percentages : extending the tariff quota in question to include certain types of paper fulfilling all the conditions Benelux 14-48 set out in the Additional Note to Chapter 48 except Denmark 7-71 those relating to watermarks; Germany 32-23 France 12-14 Whereas equal and continuous access to the quota Ireland 0-70 should be ensured for all Community importers and 0-04 Italy the rate of duty for the tariff quota should be applied United Kingdom 32-70 ; without interruption to all imports of the product in question until the quota is exhausted ; whereas in the light of these principles, arrangements for the Whereas, to take account of import trends for the utilization of the Community tariff quota based on product concerned, the quota should be divided into an allocation among Member States would seem to two tranches, the first being allocated among the be consistent with the Community nature of the Member States and the second held as a reserve to quota ; whereas, in order that it may correspond as cover subsequently the requirements of Member

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States which have exhausted their initial shares ; in the Additional Note to Chapter 48, except as whereas, to give importers some degree of certainty regards the criteria governing watermarks. and yet enable Community production to be disposed of on satisfactory terms, the first tranche of the 3 . Imports of newsprint shall not be charged against quota should be fixed at about 95% of the full this tariff quota if they are already free of customs amount ; duties under other preferential tariff treatment. Furthermore imports of any other paper referred to Whereas Member States may exhaust their initial in paragraph 2 enjoying duty-free exemption under shares at different rates; whereas to provide for this the said tariff quota shall not be charged against the indicative ceilings fixed under certain free-trade eventuality and avoid disruption of supplies any Member State which has almost used up its initial agreements . share should draw an additional share from the reserve ; whereas each time its additional share is 4. The Common Customs Tariff duty shall be almost exhausted a Member State should draw a totally suspended within the limits of the above further share, and so on as many times as the reserve quota . allows ; whereas the initial and additional shares should be valid until the end of the quota period ; 5 . New Member States shall apply duties calculated whereas this form of administration requires close in accordance with the relevant provisions of the collaboration between the Member States and the Act of Accession to imports within the limits of the Commission, which latter must be in a position to above quota. keep account of the extent to which the quota has been used up and to inform the Member States accordingly; Article 2

Whereas if at a given date in the quota period a 1 . The Community tariff quota referred to in Article 1 shall be divided into two tranches . considerable quantity of a Member State's initial share remains unused it is essential, to prevent a part of the Community tariff quota from remaining 2. A first tranche of 2 141 000 metric tons shall be unused in one Member State while it could be used allocated among the Member States. Member States in others, that such State should return a significant shares, which subject to Article 5 shall be valid from proportion thereof to the reserve ; 1 January until 31 December 1976, shall be as follows : Whereas, since the Kingdom of Belgium, the Kingdom in metric tons of the Netherlands and the Grand Duchy of Benelux 310 000 Luxembourg are united within and jointly represented Denmark 165 000 by the Benelux Economic Union, any transaction in Germany 690 000 respect of the administration of the shares allocated to that Economic Union may be carried out by any France 260 000 one of its members, Ireland 15 000 Italy 1000 United Kingdom 700 000 ; HAS ADOPTED THIS REGULATION : 3 . The second tranche, of 109 000 metric tons, shall constitute the reserve. Article 1

Article 3 1 . During the period 1 January to 31 December 1976, a Community tariff quota of 2 250 000 metric 1 . If 90% or more of a Member State's initial share tons shall be opened in respect of newsprint falling within subheading 48.01 A (1 ) of the Common as fixed in Article 2 (2), or of that share minus the Customs Tariff. portion returned to the reserve where Article 5 has been applied, has been used up, it shall forthwith, by notifying the Commission, draw a second share, to 2. Until 30 June 1976, Member States may charge the extent that the reserve so permits, equal to 10% against this tariff quota the other types of paper of its initial share, rounded up as necessary to the complying with the definition of newsprint contained next whole number.

2. If, after its initial share has been exhausted, 90% ( ) Entry under this subheading is subject to conditions or more of the second share drawn by a Member to be determined by the competent authorities. State has been used up, that Member State shall, in

No L 292/32 Official Journal of the European Communities 12 . 11.75

the manner and to the extent provided in paragraph It shall inform the Member States, not later than 1, draw a third share equal to 5% of its initial share. 5 October 1976, of the amount still in reserve after amounts have been returned thereto pursuant to Article 5 . 3 . If, after its second share has been exhausted, 90% or more of the third share drawn by a Member State It shall ensure that when a quantity exhausting the has been used up, that Member State shall, in the reserve is drawn, the amount so drawn does not manner and to the extent provided in paragraph 1, exceed the balance available, and to this end shall draw a fourth share equal to the third. notify the amount of that balance to the Member State making the last drawing. This procedure shall apply until the reserve is exhausted . Article 7 ? • 1 . Member States shall take all appropriate measures 4. Notwithstanding paragraphs 1 , 2 and 3 , Member to ensure that additional shares drawn pursuant to States may draw lesser shares than those specified in Article 3 are opened in such a way that imports may those paragraphs if there are grounds for believing that those specified may not be used in full. They be charged without interruption against their shall inform the Commission of their reasons for accumulated share of the Community quota. applying this provision. 2. Member States shall take all measures necessary to ensure that the types of paper referred to in Article 4 Article 1 (2) included in this tariff quota are in fact intended for the printing of newspapers, weekly Additional shares drawn pursuant to Article 3 shall papers or other periodicals of heading No 49.02, be valid until 31 December 1976. published at least ten times per year.

3 . Member States shall ensure that importers of the Article 5 products in question established in their territory have free access to the shares allocated to it. The Member States shall return to the reserve, not later than 1 October 1976, the unused portion of 4. The extent to which a Member State has used up their initial share which, on 15 September 1976, is its shares shall be determined on the basis of imports in excess of 20% of the initial amount. They may of the products in question entered with the customs return a greater portion if there are grounds for authorities for home use. believing that such portion may not be used in full. Article 8 Member States shall , not later than 1 October 1976, On receipt of a request from the Commission the notify the Commission of the total quantities of the Member States shall notify it of the importations products in question imported up to and including charged against its share. 15 September 1976 and charged against the Community tariff quota and of any portion of their initial shares returned to the reserve. Article 9

Member States and the Commission shall cooperate Article 6 closely to ensure that this Regulation is complied with. The Commission shall keep an account of the shares opened by the Member States pursuant to Articles Article 10 2 and 3 and shall, as soon as it has been notified, inform each Member State of the extent to which This Regulation shall enter into force on 1 January the reserve has been used up. 1976 .

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