31977R2301

21 . 10 . 77 No L 269/ 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 2301 /77

of 18 October 1977

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 ( 1978 )

THE COUNCIL OF THE EUROPEAN quota should be divided into two tranches, the first

COMMUNITIES, being allocated among all the Member States and the

second held as a reserve to cover the subsequent

requirements of Member States which have exhausted

Having regard to the Treaty establishing the European their initial shares ; whereas, in order to offer impor­

Economic Community, and in particular Article 28 ters some degree of security, the first tranche of the

and 1 1 3 thereof, quota should be fixed at a relatively high level, or

about 96 % of its full amount ; whereas, on the basis

of Member States' estimates of their needs, the initial

Having regard to the proposal from the Commission, shares may be fixed as set out in Article 2 ;

Whereas, under Protocol 11 to the Act of Acces­

sion (l), the Community is required to open each year Whereas Member States may use up their initial

nil duty Community tariff quotas for certain plywoods shares at different rates ; whereas, to provide for this

of coniferous species falling within heading No ex eventuality and to avoid disruption of supplies, any

44.15 of the Common Customs Tariff, the volume Member State which has almost used up its initial

thereof to be decided annually when it is established share should draw an additional share from the

that all possibilities of supply on the internal market reserve ; whereas, each time its additional share is

of the Community have been exhausted during the almost used up, a Member State should draw an addi­

period for which the quotas are open ; whereas, in tional share, and so on as many times as the reserve

view of the aforesaid possibilities of supply and on the allows ; whereas the initial and additional shares

basis of forecasts of requirements made by the should be valid until the end of the quota period ;

Member States, the volume of the tariff quota to be whereas this form of administration requires close

opened for 1978 may be fixed at 700 000 m3 ; whereas collaboration between Member States and the

the opening of the aforementioned tariff quota also Commission, which latter must, in particular, be able

covers the commitment entered into by the Commu­ to keep a record of the extent to which the quota has

nity within the GATT to grant in respect of these been used up and to inform the Member States accord­

products an annual duty-free tariff quota of 400 000 ingly ;

m3 ; whereas the abovementioned requirements do

not include imports to which other preferential tariff

arrangements may apply ; whereas, in view of the rela­

tively small quantities produced in the Community, it Whereas if at a given date in the quota period a

is not necessary to apportion this amount between the considerable quantity of a Member State's initial share

categories of plywood specified in the abovemen­ remains unused, it is essential that that Member State

tioned Protocol 1 1 ; whereas the fixing of the volume should return a significant proportion to the reserve

at 700 000 m3 on the basis of provisional estimates so as to avoid a part of the quota remaining unused in

does not exclude an adjustment during the quota one Member State when it could be used in others ;

year ;

Whereas, to take more precise account of future Whereas, since the Kingdom of Belgium, the

trends in imports of the products concerned, the Kingdom of the Netherlands and the Grand Duchy of

Luxembourg are united within and jointly represented

(!) OJ No L 73, 27. 3 . 1972, p. 170 . by the Benelux Economic Union, any measure

4

No L 269 /2 Official Journal of the European Communities 21 . 10 . 77

concerning the administration of the shares allocated equal to 10 % of its initial share, rounded up as neces­ to that economic union may be carried out by any sary to the next whole number. one of its members, 2. If, after its initial share has been exhausted, 90 % or more of the second share drawn by a HAS ADOPTED THIS REGULATION : Member State has been used up, that Member State shall, in the manner and to the extent provided in paragraph 1 , draw a third share equal to 5 % of its Article 1 initial share, rounded up as necessary to the next whole number. 1 . For the period 1 January to 31 December 1978, 3 . If, after its second share has been exhausted, a Community tariff quota of 700 000 mJ shall be 90 % or more of the third share drawn by a Member opened for the following products falling within heading No ex 44.15 of the Common Customs Tariff : State has been used up, that Member State shall, in the manner and to the extent provided in paragraph 1 , (a) plywood of coniferous species, without the addi­ draw a fourth share equal to the third. tion of other substances, of a thickness greater than 9 mm, the faces of which are not further This procedure shall apply until the reserve is used prepared than the peeling process ; up . (b) plywood of coniferous species, without the addi­ tion of other substances, sanded, and of a thick­ 4. By way of derogation from paragraphs 1 , 2 and 3, Member States may draw lesser shares than those ness greater than 18-5 mm . specified therein if there are grounds for believing 2. Imports of the products in question may not be that those specified may not be used in full. They shall inform the Commission of their reasons for charged against this tariff quota if they are already free of customs duties under other preferential tariff arran­ applying this paragraph . gements . Article 4 3 . The Common Customs Tariff duty shall be totally suspended within the limits of the above quota. Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1978 . Article 2 1 . The tariff quota referred to in Article 1 ( 1 ) shall Article 5 be divided into two tranches . Member States shall return to the reserve, not later 2. A first tranche of 670 000 m 3 shall be allocated than 1 October 1978, the unused portions of their among the Member States ; the shares, which subject initial shares which, on 15 September 1978, are in to Article 5 shall be valid until 31 December 1978 , excess of 20 % of the initial amounts. They may shall be as follows : return a greater portion if there are grounds for (cubic metres) believing that such portion may not be used in full. Benelux 125 900 Denmark 100 050 Member States shall notify the Commission, not later Germany 86 200 than 1 October 1978, of the total quantities of the France 17 200 products in question imported up to and including 15 Ireland 12 950 September 1978 and charged against the Community Italy 25 850 quota and of any portion of their initial shares returned to the reserve . United Kingdom 301 850

3 . The second tranche of 30 000 m 3 shall constitute Article 6 the reserve . The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 Article 3 and 3 and, as soon as it has been notified, shall inform each State of the extent to which the reserve has been 1 . If 90 % or more of a Member State's initial share used up. as fixed in Article 2 (2), or of that share minus any portion returned to the reserve where Article 5 has It shall inform the Member States, not later than 5 been applied, has been used up, that Member State October 1978 , of the amount still in reserve after shall forthwith, by notifying the Commission, draw a amounts have been returned thereto pursuant to second share, to the extent that the reserve so permits, Article 5 .

21 . 10 . 77 Official Journal of the European Communities No L 269 /3

It shall ensure that the drawing which exhausts the 4. The extent to which a Member State has used up reserve does not exceed the balance available and, to its share shall be determined on the basis of imports this end, shall notify the amount of that balance to charged against that share in accordance with para­ the Member State making the last drawing. graph 3.

Article 7 Article 8 1 . Member States shall take all appropriate At the Commission's request, Member States shall measures to ensure that additional shares drawn inform it of the imports actually charged against their shares . pursuant to Article 3 are opened in such a way that imports may be charged without interruption against Article 9 their aggregate shares of the Community quota. The Member States and the Commission shall co­ 2. Member States shall ensure that importers of the products in question established in their territory have operate closely to ensure that this Regulation is free access to the shares allocated to them . complied with. 3 . Member States shall charge imports of the Article 10 products in question against their shares as and when the products are entered with the customs authorities This Regulation shall enter into force on 1 January for home use . 1978 .

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

Done at Luxembourg, 18 October 1977. For the Council The President H. SIMONET