31977R2582

25 . 11 . 77 Official Journal of the European Communities No L 301 / 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 2582/77 of 21 November 1977 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 F of the Common Customs Tariff, originating in Portugal ( 1978)

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 Having regard to the proposal from the Commission, cation among Member States would seem consistent 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 F 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 ; tonnes respectively, which should be increased yearly Whereas, during the last three years for which statis­ by 5 % as from 1 January 1977 ; whereas the tariff tics are available, the corresponding imports into each quotas concerned should be opened for 1978 ; of the Member States represented the following Whereas equal and uninterrupted access to the said percentages of total imports of the product in ques­ quotas should be ensured for all Community impor­ tion, originating in Portugal :

subheading ex 48.01 C II subheading 48.01 F

1974 1975 1976 1974 1975 1976

Benelux 15.6 20.1 25.2 2.8 28.7 24.8 34.7 28 1 5.0 — 54.0 Germany France 22.6 21.4 18.2 950 73.1 8 0 Ireland 2.9 67 67 — 24.1 9.3 34.1 171 21.8 — — — Italy

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

No L 301 /2 Official Journal of the European Communities 25 . 11 . 77

Whereas, in view of these factors and of market fore­ Whereas, since the Kingdom of Belgium, the casts for the products concerned during the quota Kingdom of the Netherlands and the Grand Duchy of period in question, the percentage shares in the quota Luxembourg are united within and jointly represented volumes may be expressed roughly as follows : by the Benelux Economic Union, any measure concerning the administration of the shares allocated to that economic union may be carried out by any subheading subheading ex 48.01 CII 48.01 F one of its members,

Benelux 20.1 4 Germany 34.7 6 France 22.4 76 HAS ADOPTED THIS REGULATION : Ireland 5.8 11 Italy 17.0 3

Article1¶

For the period 1 January to 31 December 1978, duty­ free tariff quotas shall be opened in the Community as originally constituted and Ireland for products origi­ Whereas, in order to take account of future trends in nating in Portugal and within the limits shown imports of the products in question into the various below : Member States, each of the quotas should be divided into two tranches, the first to be allocated among all CCT the Member States and the second to form a reserve Tariff quota heading Description (tonnes) No intended to cover any subsequent requirements of Member States which have used up their initial 48.01 shares ; whereas, in order to ensure a certain degree of Paper and paperboard (including security for importers in each Member State, the first cellulose wadding), machine­ made, in rolls or sheets : tranche of the tariff quota should be set at a level which in this case might be 75 % of each of the C. Kraft paper and kraft board : quota volumes ; ex II . Other : — Kraftliner 46 305 F. Other 1 653 Whereas Member States may use up their initial shares at different rates ; whereas, to provide for this eventuality and to avoid disruption of supplies, any Member State which has almost used up any of its initial shares should draw an additional share from the Article 2 corresponding reserve ; whereas this should be done by each Member State when each of its additional 1 . The tariff quotas laid down in Article 1 shall be shares has been almost used up, as many times as the divided into two tranches . reserve allows ; whereas each of the initial and addi­ tional shares should be valid until the end of the quota period ; whereas this form of administration 2. A first tranche of each quota, that is 34 730 and requires close collaboration between Member States 1 240 tonnes respectively, shall be allocated among and the Commission, which latter must, in particular, the Member States ; the shares, which subject to be able to keep a record of the extent to which the Article 5 shall be valid until 31 December 1978 , shall quota has been used up and to inform the Member be as follows : States accordingly ; (tonnes) Member States subheading subheading ex 48.01 C II 48.01 F Whereas, if at a given date in the quota period a Benelux 6 980 50 considerable quantity of a Member State's initial share Germany 1 2 0 50 75 remains unused, it is essential that that Member State France 7 780 942 should return a significant proportion to the corres­ Ireland 2 020 136 ponding reserve, so as to avoid a part of any of the tariff quotas remaining unused in one Member State Italy 5 900 37 when it could be used in others ;

25 . 11 . 77 No L 301 / 3 Official Journal of the European Communities

3. The second tranche of each quota, i.e. 1 1 575 and of any portion of their initial shares returned to and 413 tonnes respectively, shall constitute the corres­ the reserves . ponding reserve.

Article 6 Article 3 The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 1 . If 90 % or more of any of a Member State's and 3 and, as soon as it has been notified, shall inform initial shares — as fixed in Article 2 (2) — or of that each State of the extent to which the reserves have share minus any portion returned to the corres­ been used up. ponding reserve, where Article 5 has been applied, has been used up, that Member State shall forthwith, by It shall inform the Member States, not later than 5 notifying the Commission, draw a second share, to the October 1978 , of the status of each of the reserves extent that the reserve so permits, equal to 1 5 % of its after amounts have been returned thereto pursuant to initial share, rounded off upwards to the next whole Article 5 . number, if necessary. It shall ensure that the drawing which exhausts any of 2. If, after any of its initial shares have been used the reserves does not exceed the balance available and, up, 90 % or more of the second share drawn by a to this end, shall notify the amount of that balance to Member State has been used up, that Member State the Member State making the last drawing. shall, under the conditions laid down in paragraph 1 and to the extent that the reserve so permits, draw a third share equal to 7-5 % of its initial share, rounded Article 7 off upwards to the next whole number, if necessary. 1 . Member States shall take all appropriate 3. If, after any of its second shares have been used measures to ensure that additional shares drawn up, 90 % or more of the third share drawn by a pursuant to Article 3 are opened in such a way that Member State has been used up, that Member State imports may be charged without interruption against shall, under the conditions laid down in paragraph 1 , their aggregate shares of the tariff quota. draw a fourth share equal to the third. 2. Member States shall ensure that importers of the This procedure shall apply until the reserve is used product in question established in their territory have up . free access to the shares allocated to them .

4. By way of derogation from paragraphs 1 , 2 and 3. The Member States shall charge the imports of 3, Member States may draw shares lesser than those the products concerned against their shares as and specified therein if there are grounds for believing when the goods are entered for home use. that those specified may not be fully used up. They shall inform the Commission of their reasons for 4. The extent to which a Member State has used up applying this paragraph . its shares shall be determined on the basis of the imports -charged under the conditions stipulated in paragraph 3. Article 4 i Article 8 Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1978 . At the Commission 's request, Member States shall inform it of imports actually charged against their shares . Article 5

Member States shall return to the reserve , not later Article 9 than 1 October 1978, the unused portions of their initial shares which , on 15 September 1978 , are in Member States and the Commission shall cooperate excess of 20 % of the initial amounts. They may closely to ensure that this Regulation is complied return a greater portion if there are grounds for with . believing that such portion may not be fully used up.

Member States shall notify the Commission , not later Article 10 than 1 October 1978 , of the total quantities of the product in question imported up to and including 15 This Regulation shall enter into force on 1 January September 1978 and charged against the tariff quotas 1978 .

No L 301 /4 25. 11 . 77 Official Journal of the European Communities

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

Done at Brussels, 21 November 1977. For the Council

The Presides .

H. SIMONET