31976R2995

No L 342/2 Official Journal of the European Communities 11 . 12. 76

COUNCIL REGULATION (EEC) No 2995/76

of 9 December 1976

on the opening, allocation and administration of tariff quotas for certain types of paper and paperboard, falling within subheadings ex 48.01 C II and 48.01 E of the Common Customs Tariff, originating in Portugal ( 1977)

THE COUNCIL OF THE EUROPEAN ters and the rates of duty for these quotas should be COMMUNITIES, applied consistently to all imports of the products in question into the Member States concerned until the Having regard to the Treaty establishing the European quotas have been used up ; whereas, in the light of the Economic Community, and in particular Article 113 principles outlined above, arrangements for the utiliza­ thereof, tion of the Community tariff quotas based on an allo­ cation among Member States would seem consistent Having regard to the proposal from the Commission, with the Community nature of the quotas ; whereas, Whereas Article 4 of the Interim Agreement between in order that it may correspond as closely as possible the European Economic Community and the Portu­ to the actual market trends in the products in ques­ guese Republic (') lays down that the Community as tion, allocation of the quotas should be in proportion originally constituted and Ireland should open annual to the requirements of the Member States as calcu­ duty-free tariff quotas for Kraftliner and for other lated by reference to statistical data on imports of the paper and paperboard falling within subheadings ex said products from Portugal during a representative 48.01 C II and 48.01 E of the Common Customs reference period and to the economic prospects for Tariff, originating in Portugal, of 42 000 and 1 500 the quota period in question ; metric tons respectively, which should be increased Whereas, during the last three years for which statis­ yearly by 5 % as from 1 January 1977 ; whereas the tics are available, the corresponding imports into each tariff quotas concerned should be opened for 1977 ; of the Member States represent the following percen­ Whereas equal and uninterrupted access to the said tages of total imports of the product in question, origi­ quotas should be ensured for all Community impor­ nating in Portugal :

Subheading ex 48.01 C II Subheading 48.01 E Member States 1973 1974 1975 1973 1974 1975

Benelux 15.6 20.1 2.8 24.8 34.7 01 Germany France 38.1 22.6 21 .4 99.9 99.9 73.1 Ireland 2.9 6.7 01 241 Italy 61 9 341 17.1

(') OJ No L 266, 29 . 9 . 1976, p. 1 .

11 . 12 . 76 No L 342/ 3 Official Journal of the European Communities

Whereas, in view of these factors and of market fore­ HAS ADOPTED THIS REGULATION : casts for the products concerned during the quota period in question, the percentage shares in the quota volumes may be expressed roughly as follows : Article 1

Member States Subheading Subheading ex 48.01 C II 48.01 E For the period 1 January to 31 December 1977 duty­ free tariff quotas shall be opened in the Community as originally constituted and Ireland for products origi­ Benelux 201 4 nating in Portugal and within the limits shown Germany 34.7 6 below : France 22.4 76 Ireland 5.8 11 (in metric tons) 17.0 3 Italy CCT Tariff heading Description of goods quota No Whereas, in order to take account of future trends in 48.01 Paper and paperboard imports of the products in question into the various (including cellulose Member States, each of the quotas should be divided wadding), machine-made, in into two tranches, the first to be allocated among all rolls or sheets : the Member States and the second to form a reserve C. Kraft paper and kraft intended to cover any subsequent requirements of board : Member States which have used up their initial ex II . Other : shares ; whereas, in order to ensure a certain degree of — Kraftliner 44 100 security for importers in each Member State, the first tranche of the tariff quota should be set at a level E. Other 1 575 which in this case might be 75 % of each of the quota volumes ;

Article 2 Whereas Member States may use up their initial shares at different rates ; whereas, to provide for this 1 . The tariff quotas laid down in Article 1 shall be eventuality and to avoid disruption of supplies, any divided into two tranches . Member State which has almost used up any of its initial shares should drawn an additional share from the corresponding reserve ; whereas this should be 2. A first tranche shall be allocated among the done by each Member State when each of its addi­ Member States ; the shares, which subject to Article 5 tional shares has been almost used up, as many times shall be valid until 31 December 1977, shall be as as the reserve allows ; whereas each of the initial and follows : additional shares should be valid until the end of the (m metric tons) quota period ; whereas this form of administration Subheading Subheading requires close collaboration between Member States Member States ex 48.01 C II 48.01 E and the Commission , in which the latter must, in particular, be able to keep a record of the extent to Benelux 6 648 48 which the quota has been used up and inform the Germany 11 478 72 Member States accordingly ; France 7 408 896 Ireland 1 918 130 Italy 5 623 36 Whereas, if at a given date in the quota period a considerable quantity of a Member State's initial share remains unused, it is essential that that Member State should return a significant proportion to the corres­ 3 . The second tranche of each quota, i.e. 1 1 025 ponding reserve, so as to avoid a part of any of the and 393 metric tons respectively, shall constitute the tariff quotas remaining unused in one Member State corresponding reserve. when it could be used in others ;

Article 3 Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented 1 . If 90 % or more of any of a Member State's by the Benelux Economic Union, any measure initial shares — as fixed in Article 2 (2) — or of that concerning the administration of the shares allocated share minus any portion returned to the corres­ to that economic union may be carried out by any ponding reserve, where Article 5 has been applied, has one of its members, been used up, that Member State shall forthwith, by

No L 342/4 11 . 12 . 76 Official Journal of the European Communities

notifying the Commission, draw a second share, to the Article 6 extent that the reserve so permits, equal to 1 5 % of its The Commission shall keep an account of the shares initial share, rounded off upwards to the next whole opened by the Member States pursuant to Articles 2 number, if necessary. and 3 and, as soon as it has been notified, shall inform each State of the extent to which the reserves have 2. If, after any of its initial shares has been used up, 90 % or more of the second share drawn by a been used up. Member State has been used up, that Member State It shall inform the Member States, not later than 5 shall, under the conditions laid down in paragraph 1 October 1977, bf the status of each of the reserves and to the extent that the reserve so permits, draw a after amounts have been returned thereto pursuant to third share equal to 7-5 % of its initial share, rounded Article 5 . off upwards to the next whole number, if necessary. It shall ensure that the drawing which exhausts any of 3. If, after any of its second shares has been used the reserves does not exceed the balance available and, up, 90 % or more of the third share drawn by a to this end, notify the amount of that balance to the Member State has been used up, that Member State Member State making the last drawing. shall, under the conditions laid down in paragraph 1 , draw a fourth share equal to the third. Article 7

This procedure shall apply until the reserve is used 1 . Member States shall take all appropriate up . measures to ensure that additional shares drawn pusuant to Article 3 are opened in such a way that 4. By way of derogation from paragraphs 1 , 2 and imports may be charged without interruption against 3, Member States may draw shares less than those their aggregate shares of the tariff quota. specified therein if there are grounds for believing that those specified may not be fully used up. They 2. Member States shall ensure that importers of the shall inform the Commission of their reasons for product in question established in their territory have applying this paragraph . free access to the shares allocated to them .

3 . The extent to which a Member State has used up Article 4 its shares shall be determined on the basis of the Each of the additional shares drawn pursuant to imports originating in Portugal as and when the goods Article 3 shall be valid until 31 December 1977. are entered for home use .

Article 8 Article 5 At the Commission's request, Member States shall Member States shall return to the reserve, not later inform it of imports actually charged against their than 1 October 1977, the unused portions of their shares . initial shares which , on 15 September 1977, are in excess of 20 % of the initial amounts. They may Article 9 return a greater portion if there are grounds for believing that such portion may not be fully used up. Member States and the Commission shall cooperate closely to ensure that this Regulation is complied Member States shall notify the Commission, not later with . than 1 October 1977, of the total quantities of the product in question imported up to and including 15 Article 10 September 1977 and charged against the tariff quotas and of any portion of their initial shares returned to This Regulation shall enter into force on 1 January the reserves . 1977 .

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

Done at Brussels, 9 December 1976 .

For the Council

The President

P.J.J. MERTENS