31977R2608

29. 11 . 77 Official Journal of the European Communities No L 305/ 1

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(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 2608 /77 of 21 November 1977 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 ( 1978 ) and extending this quota to include certain other types of paper

THE COUNCIL OF THE EUROPEAN COMMUNITIES , these principles, arrangements for the utilization of the Community tariff quota based on an allocation among Member States would seem to be consistent with the Community nature of the quota; whereas, in order that Having regard to the Treaty establishing the European it may correspond as closely as possible to the actual Economic Community, and in particular Articles 28 and trend of the market in the product in question, allo­ 113 thereof, cation of the quota should be in proportion to the re­ quirements of the Member States as calculated by refer­ ence to statistics on imports from third countries during a representative reference period and to the economic Having regard to the proposal from the Commission, outlook for the year covered by the quota in question ;

Whereas the Community has undertaken to open an annual duty-free Community tariff quota of 1 500 000 tonnes of newsprint falling within subheading 48.01 A ; Whereas, for the last three years for which complete statistics are available ; the imports of each of the Member States amounted to the following percentages of total imports of the products in question : Whereas, in view of present Community production capacity, that quantity is insufficient to meet anticipated import requirements ; whereas provision should there­ fore be made for an autonomous supplementary quota which, according to the estimates submitted, may be 1974 / 9 75 7 9 76 fixed at present at 800 000 tonnes; whereas the fact that Benelux 14-04 14-06 12-55 this figure has been adopted for the autonomous sup­ Denmark 4-89 5-23 5-92 plementary quota does not rule out a readjustment Germany 25-78 27-05 26-90 during the quota period; whereas a Community tariff quota should therefore be opened for 1978 for a total France 13-46 11-86 11-50 quantity of 2 300 000 tonnes of the product in ques­ Ireland 2-12 2-02 2-03 tion ; Italy 0-42 0-50 0-50 United Kingdom 39-29 39-28 40-60 Whereas provision should be made for extending the tariff quota in question to include certain types of paper fulfilling all the conditions set out in the Additional Note to Chapter 48 except those relating to water­ Whereas, in order to arrive at a proper assessment of marks ; those statistics, however, it should be borne in mind that the opening of a Community tariff quota for the enlarged Community may alter the pattern of trade of Whereas equal and continuous access to the quota Member States with third countries; whereas, in view of should be ensured for all Community importers and the the above and of the foreseeable trend on the market in rate of duty for the tariff quota should be applied with­ newsprint in general , and of production in particular out interruption to all imports of the products in ques­ during 1978 , the quota may be allocated approximately tion until the quota is exhausted; whereas in the light of in the following percentages :

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Benelux 13-89 opened in respect of newsprint falling within subhead­ Denmark 7-88 ing 48.01 A of the Common Customs Tariff ( 1). Germany 27-75 France 12-48 2 . Member States may charge against this tariff quota Ireland 2-29 the other types of paper complying with the definition 0-04 of newsprint contained in the Additional Note to Chap­ Italy ter 48 , except as regards the criteria governing water-* United Kingdom 35-67 marks .

Whereas, to take account of import trends for the pro­ 3 . Imports of newsprint shall not be charged against duct concerned, the quota should be divided into two this tariff quota if they are already free of customs tranches, the first being allocated among the Member duties under other preferential tariff treatment. Futher­ States and the second held as a reserve to cover subse­ more, imports of any other paper referred to in para­ quently the requirements of Member States which have graph 2 enjoying duty-free exemption under the said exhausted their initial shares; whereas, to give importers tariff quota shall not be charged against the indicative some degree of certainty and yet enable Community ceilings fixed under certain free trade agreements. production to be disposed of on satisfactory terms, the first tranche of the quota should be fixed at about 94% of the full amount ; 4 . The Common Customs Tariff duty shall be totally suspended within the limits of the above quota. Whereas Member States may exhaust their initial shares at different rates; whereas to provide for this eventuality and avoid disruption of supplies, any Member State Article 2 which has almost used up its initial share should draw an additional share from the reserve ; whereas each time 1 . The Community tariff quota referred to in Article 1 its additional share is almost exhausted a Member State shall be divided into two tranches. should draw a further share, and so on as many times as the reserve allows ; whereas the initial and additional 2 . A first tranche of 2 159 500 tonnes shall be allo­ shares should be valid until the end of the quota period; whereas this form of administration requires close col­ cated among the Member States. Member States' shares, laboration between the Member States and the Com­ which subject to Article 5 shall be valid from 1 January until 31 December 1978 , shall be as follows : mission , which latter must be in a position to keep account of the extent to which the quota has been used (tonnes) up and to inform the Member States accordingly; Benelux 300 000 Whereas if at a given date in the quota period a con­ Denmark 170 000 siderable quantity of a Member State's initial share Germany 599 000 remains unused it is essential , to prevent a part of the France 270 000 Community tariff quota from remaining unused in one Ireland 49 500 Member State while it could be used in others, that such Italy 1 000 State should return a significant proportion thereof to the reserve ; United Kingdom 770 000

Whereas, since the Kingdom of Belgium, the Kingdom 3 . The second tranche, of 140 500 tonnes, shall consti­ of the Netherlands and the Grand Duchy of Luxem­ tute the reserve . bourg are united within and jointly represented by the Benelux Economic Union, any transaction in respect of the administration of the shares allocated to that economic union may be' carried out by any one of its Article 3 members , 1 . If 90% or more of a Member State 's initial share as fixed in Article 2 (2 ) or of that share minus the portion returned to the reserve where Article 5 has been applied, HAS ADOPTED THIS REGULATION has been used up , it shall forthwith, by notifying the Commission , draw a second share, to the extent that the reserve so permits, equal to 15% of its initial share, rounded up as necessary to the next whole number. Article 1

1 . During the period 1 January to 3 1 December 1978, a (*) Entry under this subheading is subject to conditions to be Community tariff quota of 2 300 000 tonnes shall be determined by the competent authorities.

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2 . If, after its initial share has been exhausted, 90% or It shall inform the Member States, not later than 5 more of the second share drawn by a Member State has October 1978 , of the amount still in reserve after been used up, that Member State shall, in the manner amounts have been returned thereto pursuant to Article and to the extent provided in paragraph 1 , draw a third 5 . share equal to 7-5% of its initial share.

It shall ensure that when a quantity exhausting the re­ 3 . If, after its second share has been exhausted, 90% serve is drawn , the amount so drawn does not exceed or more of the third share drawn by a Member State the balance available, and to this end shall notify the has been used up, that Member State shall, in the amount of that balance to the Member State making the manner and to the extent provided in paragraph 1 , last drawing. draw a fourth share equal to the third.

This procedure shall apply until the reserve is exhausted . Article 7

1 . Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Ar­ 4 . Notwithstanding paragraphs 1 , 2 and 3 , Member ticle 3 are opened in such a way that imports may be States may draw lesser shares than those specified in charged without interruption against their accumulated those paragraphs if there are grounds for believing that share of the Community quota. those specified may not be used in full. They shall in­ form the Commission of their reasons for applying this provision . 2. Member States shall take all measures necessary to ensure that the types of paper referred to in Article 1 (2 ) included in this tariff quota are in fact intended for the Article 4 printing of newspapers, weekly papers or other period­ icals of heading No 49.02, published at least 10 times Additional shares drawn pursuant to Article 3 shall be per year . valid until 31 December 1978 .

3 . Member States shall ensure that importers of the products in question established in their territory have free access to the shares allocated to it. Article 5

The Member States shall return to the reserve, not later 4. The extent to which a Member State has used up its than 1 October 1978 , the unused portion of their initial shares shall be determined on the basis of imports of the share which, on 15 September 1978 , is in excess of 20% products in question entered with the customs authorities for home use . of the initial amount. They may return a greater portion if there are grounds for believing that such portion may not be used in full .

Article8¶

Member States shall, not later than 1 October 1978 , On receipt of a request from the Commission, the notify the Commission of the total quantities of the Member States shall notify it of the importations products in question imported up to and including 15 charged against its share. September 1978 and charged against the Community tariff quota and of any portion of their initial shares returned to the reserve . Article 9

Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . Article 6

The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and Article 10 3 and shall , as soon as it has been notified , inform each Member State of the extent to which the reserve has This Regulation shall enter into force on 1 January been used up . 1978 .

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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 President

H. SIMONET