31976R2931

3, 12 . 76 Official Journal of the European Communities No L 334/7

COUNCIL REGULATION ( EEC) No 2931 / 76 of 29 November 1976 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 ( 1977) and extending this quota to include certain other types of paper

THE COUNCIL OF THE EUROPEAN imports from third countries during a representative COMMUNITIES, reference period and to the economic outlook for the year covered by the quota in question ;

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 28 Whereas, for the last three years for which complete and 1 1 3 thereof, statistics are available, the imports of each of the Member States amounted to the following percentages of total imports of the products in question : Having regard to the proposal from the Commission ,

1973 1974 1975 Whereas the Community has undertaken to open an Benelux 12.18 14.04 14.06 annual duty-free Community tariff quota of 1 500 000 metric tons of newsprint falling within subheading Denmark 6.92 4.89 5.23 48.01 A ; 27.04 25.78 27.05 Germany France 9.46 13.46 11.86 Ireland 0 2.12 2.02 0.32 0.42 0.50 Whereas, in view of present Community production Italy 44.08 39.29 39.28 capacity, that quantity is insufficient to meet antici­ United Kingdom pated import requirements ; whereas provision should therefore be made for an autonomous supplementary quota which, according to the estimates submitted, Whereas, in order to arrive at a proper assessment of may be fixed at present at 811000 metric tons ; those statistics, however, it should be borne in mind whereas the fact that this figure has been adopted for that the opening of a Community tariff quota for the the autonomous supplementary quota does not rule enlarged Community may alter the pattern of trade of out a readjustment during the quota period ; whereas a Member States with third countries ; whereas, in view Community tariff quota should therefore be opened of the above and of the foreseeable trend on the for 1977 for a total quantity of 2 311 000 metric tons market in newsprint in general, and of production in of the product in question ; particular during 1977 the quota may be allocated approximately in the following percentages : Whereas provision should be made for extending the tariff quota in question to include certain types of Benelux 13-94 paper fulfilling all the conditions set out in the Addi­ Denmark 6-63 tional Note to Chapter 48 except those relating to Germany 32-92 watermarks ; France 12-21 Ireland 2-24 Italy 0-05 Whereas equal and continuous access to the quota United Kingdom 32-01 should be ensured for all Community importers and the rate of duty for the tariff quota should be applied without interruption to all imports of the product in question until the quota is exhausted ; whereas in the Whereas, to take account of import trends for the light of these principles, arrangements for the utiliza­ product concerned, the quota should be divided into tion of the Community tariff quota based on an alloca­ two tranches, the first being allocated among the Member States and the second held as a reserve to tion among Member States would seem to be consistent with the Community nature of the quota ; cover subsequently the requirements of Member States whereas, in order that it may correspond as closely as which have exhausted their initial shares ; whereas, to possible to the actual trend of the market in the give importers some degree of certainty and yet product in question, allocation of the quota should be enable Community production to be disposed of on in proportion to the requirements of the Member satisfactory terms, the first tranche of the quota should States as calculated by reference to statistics on be fixed at about 96 % of the full amount ;

No L 334/8 Official Journal of the European Communities 3 . 12 . 76

Whereas Member States may exhaust their initial 4. The Common Customs Tariff duty shall be shares at different rates ; whereas to provide for this totally suspended within the limits of the above quota. eventuality and avoid disruption of supplies any Member State which has almost used up its initial 5 . New Member States shall apply duties calculated share should draw an additional share from the in accordance with the relevant provisions of the Act reserve ; whereas each time its additional share is of Accession to imports within the limits of the above almost exhausted a Member State should draw a quota . further share, and so on as many times as the reserve allows ; whereas the initial and additional shares should be valid until the end of the quota period ; whereas this form of administration requires close Article 2 collaboration between the Member States and the Commission , which latter must be in a position to 1 . The Community tariff quota referred to in keep account of the extent to which the quota has Article 1 shall be divided into two tranches . been used up and to inform the Member States accord­ ingly ; 2 . A first tranche of 2 187 000 metric tons shall be Whereas if at a given date in the quota period a allocated among the Member States. Member States' considerable quantity of a Member State's initial share shares , which subject to Article 5 shall be valid from 1 remains unused it is essential , to prevent a part of the January until 31 December 1977, shall be as follows : Community tariff quota from remaining unused in one Member State while it could be used in others , (in metric ton*) that such State should return a significant proportion Benelux 305 000 thereof to the reserve ; Denmark 145 000 Germany 720 000 Whereas, since the Kingdom of Belgium , the France 267 000 Kingdom of the Netherlands and the Grand Duchy of Ireland 49 000 Luxembourg are united within and jointly represented 1 000 Italy by the Benelux Economic Union , 'any transaction in United Kingdom 700 000 respect of the administration of the shares allocated to that economic union may be carried out by any one of its members, 3 . The second tranche, of 124 000 metric tons, shall constitute the reserve .

HAS ADOPTED THIS REGULATION : Article 3

A rticle 1 1 . If 90 % or more of a Member State's initial share as fixed in Article 2 (2), or of that share minus the 1 . During the period from 1 January to 31 portion returned to the reserve where Article 5 has December 1977 , a Community tariff quota of been applied, it shall forthwith , by notifying the 2 311 000 metric tons shall be opened in respect of Commission , draw a second share, to the extent that newsprint falling within subheading 48.01 A of the the reserve so permits, equal to 15% of its initial Common Customs Tariff ('). share , rounded up as necessary to the next whole number . 2. Member States may charge against this tariff quota the other types of paper complying with the definition of newsprint contained in the Additional 2 . If, after its initial share has been exhausted 90 % Note to Chapter 48 , except as regards the criteria or more of the second share drawn by a Member State governing watermarks . has been used up, that Member State shall , in the manner and to the extent provided for in paragraph 1 , 3 . Imports of newsprint shall not be charged draw a third share equal to 7-5 % of its initial share . against this tariff quota if they are already free of customs duties under other preferential tariff treat­ 3 . If, after its second share has been exhausted ment . Furthermore , imports of any other paper 90 % or more of the third share drawn by a Member referred to in paragraph 2 enjoying duty free exemp­ State has been used up , that Member State shall , in tion under the said tariff quota shall not be charged the manner and to the extent provided for in para­ against the indicative ceilings fixed under certain free graph 1 , draw a fourth share equal to the third . trade agreements .

(') Entry under this subheading is subject to conditions to be This procedure shall apply until the reserve is determined by the competent authorities . exhausted .

3 . 12. 76 No L 334/9 Official Journal of the European Communities

4. Notwithstanding paragraphs 1 , 2 and 3, Member exceed the balance available , and to this end shall States may draw lesser shares than those specified in notify the amount of that balance to the Member State those paragraphs if there are grounds for believing making the last drawing. that those specified may not be used in full . They shall inform the Commission of their reasons for Article 7 applying this provision . 1 . Member States shall take all appropriate measures to ensure that additional shares drawn Article 4 pursuant to Article 3 are opened in such a way that Additional shares drawn pursuant to Article 3 shall be imports may be charged without interruption against valid until 31 December 1977 . their accumulated share of the Community quota. 2 . Member States shall take all measures necessary Article 5 to ensure that the types of paper referred to in Article 1 (2) included in this tariff quota are in fact intended The Member States shall return to the reserve , not for the printing of newspapers, weekly papers or other later than 1 October 1977, the unused portion of their periodicals of heading No 49.02, published at least 10 initial share which, on 15 September 1977, is in times per year. excess of 20 % of the initial amount. They may return a greater portion if there are grounds for believing 3 . Member States shall ensure that importers of the that such portion may not be used in full . products in question established in their territory have free access to the shares allocated to it . Member States shall , not later than 1 October 1977, notify the Commission of the total quantities of the 4. The extent to which a Member State has used up products in question imported up to and including 15 its shares shall be determined on the basis of imports September 1977 and charged against the Community of the products in question entered with the customs authorities for home use . tariff quota and of any portion of their initial shares returned to the reserve . Article 8 Article 6 On receipt of a request from the Commission the The Commission shall keep an account of the shares Member States shall notify it of the importations opened by the Member States pursuant to Articles 2 charged against its share . and 3 and shall , as soon as it has been notified, inform each Member State of the extent to which the reserve Article 9 has been used up. The Member States and the Commission shall coop­ It shall inform the Member States, not later than 5 erate closely to ensure that this Regulation is October 1977, of the amount still in reserve after complied with . amounts have been returned thereto pursuant to Article 5 . Article 10

It shall ensure that when a quantity exhausting the This Regulation shall enter into force on 1 January reserve is drawn , the amount so drawn does not 1977 .

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

Done at Brussels , 29 November 1976 . For the Council

The President

J. A. van KEMENADE