31976R2631

6 . 11 . 76 Official Journal of the European Communities No L 305 /1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 2631 /76 of 19 October 1976

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 ( 1977)

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 Having regard to the Treaty establishing the being allocated among all the Member States and the European Economic Community, and in particular second held as a reserve to cover the subsequent Articles 28 and 113 thereof, requirements of Member States which have exhausted 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 Having regard to the proposal from the Commission , high level, or about 96 % 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 Whereas, under Protocol 11 to the Act of Article 2 ; Accession (1 ), 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 Tariff, shares at different rates ; whereas, to provide for this the volume thereof to he decided annually when it is eventuality and to avoid disruption of supplies, any established that all possibilities of supply on the Member State which has almost used up its initial internal market of the Community have been share should draw an additional share from the exhausted during the period for which the quotas are reserve ; whereas , each time its additional share is open ; whereas, in view of the aforesaid possibilities almost used up, a Member State should draw an of supply and on the basis of forecasts of additional share, and so on as many times as the requirements made by the Member States, the volurrte reserve allows ; whereas the initial and additional of the tariff quota to be opened for 1977 may be shares should be valid until the end of the quota fixed at 700 000 m3 ; whereas the opening of the period ; whereas this form of administration requires aforementioned tariff quota also covers the close collaboration between Member States and the commitment entered into by the Community within Commission, which latter must, in particular, be able the GATT to grant in respect of these products an to keep a record of the extent to which the quota has annual duty-free tariff quota of 400 000 m3 ; whereas been used up and to inform the Member States the abovementioned requirements do not include accordingly ; imports to which other preferential tariff arrangements may apply; whereas, in view of the Whereas if, at a given date in the quota period, a relatively small quantities produced in the Community, it is not necessary to apportion this considerable quantity of a Member State's initial share remains unused , it is essential that that Member amount between the categories of plywood specified in the abovementioned Protocol 11 ; whereas the State should return a significant proportion to the fixing of the volume at 700 000 m3 on the basis of reserve, so as to avoid a part of the quota remaining unused in one Member State when it could be used in provisional estimates does not exclude an adjustment others ; during the quota year ;

Whereas, since the Kingdom of Belgium, the (>) OJ No L 73 , 27. 3 . 1972, p. 170. Kingdom of the Netherlands and the Grand Duchy of

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Luxembourg are united within and jointly 3 . The second tranche of 30 000 m8 shall constitute the reserve . represented by the Benelux Economic Union, any measure concerning the administration of the shares allocated to that Economic Union may be carried out by any one of its members, Article 3

HAS ADOPTED THIS REGULATION : 1 . If 90 % or more of a Member State's initial share as fixed in Article 2 (2), or of that share minus Article 1 any portion returned to the reserve where Article 5 has been applied, has been used up, that Member 1 . During the period from 1 January to 31 State shall forthwith, by notifying the Commission, December 1977, a Community tariff quota of 700 000 draw a second share, to the extent that the reserve so m8 shall be opened for the following products falling permits, equal to 10 % of its initial share, rounded up within heading No ex 44.15 of the Common Customs as necessary to the next whole number. Tariff : (a) plywood of coniferous species, without the 2 . If, after its initial share has been exhausted, addition of other substances, of a thickness 90 % or more of the second share drawn by a greater than 9 mm, the faces of which are not Member State has been used up, that Member State further prepared than the peeling process ; shall, in the manner and to the extent provided in (b)^plywood of coniferous species, without the paragraph 1 , draw a third share equal to 5 % of its addition of other substances, sanded, and of a initial share, rounded up as necessary to the next thickness greater than 18-5 mm . whole number.

2. Imports of the products in question may not be 3 . If, after its second share has been exhausted, charged against this tariff quota if they are already 90 % or more of the third share drawn by a Member free of customs duties under other preferential tariff State has been used up, that Member State shall, in arrangements . the manner and to the extent provided in paragraph 1 , draw a fourth share equal to the third. 3 . The Common Customs Tariff duty shall be totally suspended within the limits of the above This procedure shall apply until the reserve is used quota . up .

4. New Member States shall apply duties 4. By way of derogation from paragraphs 1, 2, and calculated in accordance with the relevant provisions 3 , Member States may draw lesser shares than those of the Act of Accession to imports within the limits specified therein if there are grounds for believing of the above quota . that those specified may not be used in full. They shall inform the Commission of their reasons for Article 2 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 670 000 m3 shall be allocated among the Member States. Member States' shares Additional shares drawn pursuant to Article 3 shall which, subject to Article 5 , shall be valid until be valid until 31 December 1977. 31 December 1977, shall be as follows :

in cubic metres Benelux 90 000 Denmark 90 000 Article 5

Germany 100 000 Member States shall return to the reserve, not later France 20 000 than 1 October 1977, the unused portions of their Ireland 10 000 initial shares which, on 15 September 1977 are in excess of 20 % of the initial amounts. They may Italy 25 000 return a greater portion if there are grounds for United Kingdom 335 000 believing that such portion may not be used in full.

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Member States shall notify the Commission, not later 2. Member States shall ensure that importers of than 1 October 1977, of the total quantities of the the products in question established in their territory products in question imported up to and including 15 have free access to the shares allocated to them. September 1977 and charged against the Community quota and of any portion of their initial shares 3 . Member States shall charge imports of the returned to the reserve . products in question against their shares as and when the products are entered with the customs authorities for home use. Article 6

4 . The extent to which a Member State has used The Commission shall keep an account of the shares up its share shall be determined on the basis of opened by the Member States pursuant to Articles 2 imports charged against that share in accordance and 3 and, as soon as it has been notified, shall with paragraph 3 . inform each State of the extent to which the reserve has been used up. Article 8 It shall inform the Member States, not later than 5 October 1977, of the amount still in reserve after At the Commission 's request, Member States shall amounts have been returned thereto pursuant to Article 5 . inform it of the imports actually charged against their shares . It shall ensure that the drawing which exhausts the reserve does not exceed the balance available and, to Article 9 this end, shall notify the amount of that balance to the Member State making the last drawing. Member States and the Commission shall cooperate closely to ensure that this Regulation is complied Article 7 with .

1 . Member States shall take all appropriate measures to ensure that additional shares drawn Article 10 pursuant to Article 3 are opened in such a way that imports may be charged without interruption against This Regulation shall enter into force on 1 January their aggregate shares of the Community quota . 1977 .

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

Done at Luxembourg, 19 October 1976 .

For the Council The President

M. van der STOEL