31985R3673

No L 354 / 34 30 . 12 . 85 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 3673 / 85

of 20 December 1985 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 ( 1986 ) and extending this quota to include certain other types of paper

THE COUNCIL OF THE EUROPEAN COMMUNITIES , countries which do not benefit from equivalent preference, the following percentages :

— from Canada : Having regard to the Treaty establishing the European Economic Community , and in particular Article 113 1981 1982 1983 thereof, Benelux 8,93 7,40 5,99 Denmark 0 0,01 0,01 Having regard to the proposal from the Commission , Germany 12,50 14,34 11,35 Greece 0 0,03 0 Whereas, for newsprint falling within subheading 48.01 A France , 1,19 0,93 0,83 of the Common Customs Tariff, the Community has Ireland 0,95 1,51 1,40 decided to conclude an agreement which provides in Italy 0,01 0,30 1,70 particular for the opening of a Community tariff quota of United Kingdom 76,42 75,48 78,72 650 000 tonnes , of which 600 000 tonnes are reserved until 30 November each year, in accordance with Article XIII of the General Agreement on Tariffs and from other countries : Trade , exclusively for products from Canada ; whereas this 1981 1982 1983 Agreement provides equally that from 30 November each year the residue which has not been used by 29 November Benelux 8,11 26,79 19,79 can be applied to imports of newsprint of any origin ; Denmark 0 0,01 0,47 whereas , therefore , an overall duty-free Community tariff Germany 31,59 40,83 32,50 quota of 650 000 tonnes should be opened for the product Greece 35,47 21,85 17,13 in question for 1986 , subdivided as indicated above ; France 3,65 2,94 2,82 Ireland 0 0 0,05 Whereas provision should be made for extending the tariff Italy 4,17 4,42 3,00 quota in question to include certain types of paper fulfilling United Kingdom 17,01 3,16 24,24 all the conditions set out in the Additional Note to Chapter 48 except those relating to watermarks ;

Whereas , in view of the above and of the foreseeable trend Whereas , in particular , equal and continuous access to the on the market in newsprint in general , and of Community said quotas should be ensured for all importers and the rate production in particular during 1986 , the percentages of of duty for the tariff quota should be applied without initial participation in the quota amounts may be allocated , interruption to all imports of the product in question until approximately, as follows : these quotas are exhausted ; whereas in the light of these principles , arrangements for the utilization of Community Amount of Amount of tariff quotas based on an allocation among Member States 600 000 tonnes 50 000 tonnes would seem to be consistent with the Community nature of the said quotas ; whereas , in order that it may correspond Benelux 7,52 5,19 as closely as possible to the actual trend of the market in Denmark 0,11 0,21 the product in question , allocation of the quota should be Germany 16,37 41,08 in proportion to the requirements of the Member States as Greece 0,19 28,10 calculated by reference to statistics on imports from third France 1,02 3,64 countries which do not benefit from a similar preference , Ireland 1,30 0,02 during a representative reference period , and to the economic outlook for the year covered by the quota in Italy 0,93 4,49 question ; United Kingdom 72,56 17,27

Whereas for the past three years for which complete statistics are available , the corresponding imports of each Whereas, to take account of import trends for the product of the Member States represent , with reference to the total concerned, the quotas should be divided into two tranches, imports of the products in question coming from third the first being allocated among the Member States and the

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second held as a reserve to cover subsequently the regards the criteria governing watermarks, with the definition of newsprint contained in the Additional Note to requirements of Member States which have exhausted their initial shares; whereas , to give importers some degree of Chapter 48 . certainty and yet enable Community production to be disposed of on satisfactory terms , the first tranche of the Community quotas should be fixed at about 90% and Article 2 77 % of the quota volumes ;

1 . The tariff quota referred to in Article 1 ( 1 ) shall be Whereas the initial shares may be exhausted at different divided as follows : rates ; whereas , to provide for this eventuality and avoid disruption of supplies , any Member State which has almost ( a ) 600 000 tonnes for imports from Canada ; used up its initial share should draw an additional share ( b ) 50 000 tonnes for imports from other third countries . from the corresponding reserve ; whereas each time its additional share is almost exhausted a Member State should draw a further share , and so on as many times as 2 . However , from 30 November 1986 the residue of the the reserve allows ; whereas the initial and additional amounts referred to in paragraph 1 which have not actually shares should be valid until the end of the quota period ; been used by 29 November 1986 or which are not expected whereas this form of administration requires close to be used before 31 December 1986 can be applied to collaboration between the Member States and the imports of the products in question whether from Canada Commission , and the latter must be in a position to keep or from another third country . account of the extent to which the quotas have been used up and to inform the Member States accordingly ;

Whereas , if at a given date in the quota period a quantity of Article 3 a Member State's initial share remains unused , it is essential , to prevent a part of the Community tariff while it 1 . A first tranche of each of the amounts referred to in could be used in others , that such State should return a Article 2(1 ) consisting of 537 500 tonnes for the amount significant proportion thereof to the reserve ; referred to in subparagraph ( a ) and 38 510 tonnes for the amount referred to in subparagraph (b ) , shall be allocated Whereas, since the Kingdom of Belgium , the Kingdom of among the Member States ; their shares which , subject to the Netherlands and the Grand Duchy of Luxembourg are Article 6 shall be valid from 1 January to 31 December united within and jointly represented by the Benelux 1986 , shall be as follows : Economic Union , any transaction in respect of the administration of the shares allocated to that economic Amount Amount union may be carried out by any one of its members , Article 2 ( 1 ) ( a ) Article 2 ( 1 ) ( b )

Benelux 40 400 2 000 Denmark 600 80 HAS ADOPTED THIS REGULATION : Germany 88 000 15 820 Greece 1 000 10 820 France 5 500 1 400 Ireland 7 000 10 Article 1 Italy 5 000 1 730 United Kingdom 390 000 6 650 1 . From 1 January 1986 until 31 December 1986 a Community tariff quota with a total volume of 650 000 tonnes shall be opened in the Community for newsprint falling within subheading 48.01 A of the 2 . The second tranches , amounting respectively to Common Customs Tariff ( x ). 62 500 tonnes and 11 490 tonnes , shall constitute the reserves . 2 . The Common Customs Tariff duty shall be totally suspended within the limit of the above quota .

3 . Imports of newsprint shall not be charged against this Article 4 tariff quota if they are already free of customs duties under other preferential treatment. 1 . If 90 % or more of one of any Member State's initial shares , as laid down in Article 3 ( 1 ) or 90 % of that share 4 . Without prejudice to the international obligations of less the amount returned into the corresponding reserve, the Community , Member States may charge against this where Article 6 has been applied , has been used up , that tariff quota the other types of paper complying , except as Member State shall without delay , by notifying the Commission , draw a second share in the quota equal to 10 % of its initial share , rounded up to the next unit where (*) Entry under this subheading is subject to conditions to be appropriate , to the extent that the amount in the reserve determined by the compentent authorities . allows .

No L 354 / 36 30 . 12 . 85 Official Journal of the European Communities

2 . If, after one or other of its initial shares has been used It shall , not later than 5 October 1986 , notify the Member States of the state of each of these reserves after the return up , 90 % or more of the second share drawn by one of the Member States has been used up , that Member State shall , of shares pursuant to Article 6 . in the manner provided for in paragraph 1 , draw a third share equal to 5 % of its initial share . It shall ensure that any drawing which uses up a reserve is limited to the balance available and , for this purpose, shall 3 . If, after one or other of its second shares has been used specify the amount thereof to the Member State which up , 90 % or more of the third share drawn by a Member makes the final drawing . State has been used up , that latter shall , in the same manner, draw a fourth share equal to the third . Article 8 This procedure shall be followed until the reserve has been exhausted . 1 . Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Article 4 are opened in such a way that imports may be charged 4 . By derogation from paragraph 1 , 2 and 3 , Member without interruption against their accumulated share of the States may draw smaller shares than those fixed in those quota . paragraphs if there is reason to believe that those shares might not be used up . They shall inform the Commission 2 . Member States shall take all measures necessary to of their reasons for applying this paragraph . ensure that the types of paper referred to in Article 1 fulfil the prescribed conditions before they can benefit from the present tariff quota . Article 5 In such a case , the control of the use of the goods for the The additional shares drawn pursuant to Article 4 shall be prescribed end use shall be carried out by applying the valid until 31 December 1986 . relevant Community provisions .

3 . Member States shall ensure that importers of the Article 6 products in question have free access to the shares allocated to it . The Member States return to the reserve , not later than 1 October 1986 , the unused portion of their initial shares 4 . The extent to which a Member States has used up its which on 15 September 1986 is in excess of 20 % of the shares shall be determined on the basis of imports of the initial amount. They may return a greater portion if there products in question entered with the customs authorities are grounds for believing that such portion may not be used for free circulation . in full .

Member States shall , not later than 1 October 1986 notify Article 9 the Commission of the total imports of the products concerned effected under the Community quotas up to and At the Commission's request , the Member States shall including 15 September 1986 and , where appropriate , the inform it of imports actually charged against their shares . proportion of their initial shares that they are returning to each of the reserves . Article 10

Article 7 Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . The Commission shall keep account of the shares opened by Member States in accordance with Articles 3 and 4 , and shall inform each of them of the extent to which the Article 11 reserves have been used as soon as it receives the notifications . This Regulation shall enter into force on 1 January 1986 .

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

Done at Brussels , 20 December 1985 .

For the Council

The President

R. KRIEPS­