31986R4016
No L 374 / 34 31 . 12 . 86 Official Journal of the European Communities
COUNCIL REGULATION ( EEC ) No 4016 / 86
of 18 December 1986 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 ( 1987) 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:
Having regard to the Treaty establishing the European — from Canada : Economic Community , and in particular Article 113 thereof, 1983 1984 1985
Benelux 5,82 5,59 3,81 Having regard to the proposal from the Commission , Denmark 0,01 0 0,01 Germany 11,01 18,66 15,18 Greece 0 0 0,01 Whereas , for newsprint falling within subheading 48.01 A Spain 1,71 1,17 1,05 of the Common Customs Tariff, the Community has France 0,81 0,20 0,82 decided to conclude an agreement which provides in Ireland 1,36 1,08 1,10 particular for the opening of a Community tariff quota of Italy 1,65 2,10 2,34 650 000 tonnes , of which 600 000 tonnes are reserved Portugal 1,23 0 0,09 until 30 November each year , in accordance with United Kingdom 76,40 71,20 75,59 Article XIII of the General Agreement on Tariffs and Trade , exclusively for products from Canada ; whereas this Agreement provides equally that from 30 November each — from other countries : year the residue which has not been used by 29 November can be applied to imports of newsprint of any origin ; 1983 1984 1985 whereas , therefore , an overall duty-free Community tariff quota of 650 000 tonnes should be opened for the product Benelux 16,28 5,83 1,75 in question for 1987 , subdivided as indicated above ; Denmark 0,39 0,04 0 Germany 26,73 40,75 39,39 Greece 14,09 5,55 10,11 Whereas provision should be made for extending the tariff Spain 16,08 20,32 24,52 quota in question to include certain types of paper fulfilling France 2,32 4,43 2,20 all the conditions set out in the Additional Note to Ireland 0,04 0,01 0,01 Chapter 48 except those relating to watermarks ; Italy 2,46 0,81 0,53 Portugal 1,67 6,13 7,79 United Kingdom 19,94 16,13 13,70 Whereas , in particular , equal and continuous access to the said quotas should be ensured for all importers and the rate of duty for the tariff quota should be applied without interruption to all imports of the product in question until Whereas , in view of the above and of the foreseeable trend these quotas are exhausted ; whereas in the light of these on the market in newsprint in general , and of Community principles , arrangements for the utilization of Community production in particular during 1987 , the percentages of tariff quotas based on an allocation among Member States initial participation in the quota amounts may be allocated , would seem to be consistent with the Community nature of approximately , as follows : the said quotas ; whereas , in order that it may correspond as closely as possible to the actual trend of the market in the product in question , allocation of the quota should be Amount of Amount of in proportion to the requirements of the Member States as 600 000 tonnes 50 000 tonnes calculated by reference to statistics on imports from third Benelux 8,35 1,03 countries which do not benefit from a similar preference , Denmark 0,11 0,21 during a representative reference period , and to the Germany 18,40 40,66 economic outlook for the year covered by the quota in Greece 0,28 27,81 question ; Spain 0,37 2,57 France 1,20 3,59 Ireland 1,29 0,02 Whereas for the past three years for which complete Italy 0,92 4,45 statistics are available , the corresponding imports of each Portugal 0,07 2,57 of the Member States represent , with reference to the total United Kingdom 61,01 17,09 imports of the products in question coming from third
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Whereas , to take account of import trends for the product Whereas, if at a given date in the quota period a quantity of concerned , the quotas should be divided into two tranches , a Member State's initial share remains unused , it is the first being allocated among the Member States and the essential , to prevent a part of the Community tariff while it second held as a reserve to cover subsequently the could be used in others , that such State should return a requirements of Member States which have exhausted their significant proportion thereof to the reserve ; initial shares ; whereas , to give importers some degree of certainty and yet enable Community production to be disposed of on satisfactory terms , the first tranche of the Whereas , since the Kingdom of Belgium , the Kingdom of Community quotas should be fixed at about 91 % and the Netherlands and the Grand Duchy of Luxembourg are 78% of the quota volumes ; 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 members ,
Whereas the initial shares may be exhausted at different rates ; whereas , to provide for this eventuality and avoid disruption of supplies , any Member State which has almost used up its initial share should draw an additional share HAS ADOPTED THIS REGULATION : 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 the reserve allows ; whereas the initial and additional shares should be valid until the end of the quota period ; whereas Article 1 this form of administration requires close collaboration between the Member States and the Commission , and the 1 . From 1 January to 31 December 1987 the Common latter must be in a position to keep account of the extent to Customs Tariff duty , on the following product , shall be which the quotas have been used up and to inform the suspended at the levels and within the limits of the Member States accordingly ; Community tariff quotas shown herewith :
Quota Rate of Order No CCT heading Description volume duty No ( in tonnes ) ( % ) 48.01 A Newsprint ('): 09.0015 — from Canada 600 000 0 09.0017 — from other third countries 50 000 0
t 1 ) Entry under this subheading is subject to conditions to be determined by the competent authorities
2 . Within the limits of this tariff quota , Spain and Article 2 Portugal shall apply customs duties calculated in accordance with the relevant provisions in the Act of From 30 November 1987 the residue of the amounts Accession . referred to in Article 1 which have not actually been used by 29 November 1987 , or which are not expected to be used before 31 December 1987 , can be applied to imports of the products in question whether from Canada or from another third country . 3 . Imports of newsprint shall not be charged against this tariff quota if they are already free of customs duties under other preferential treatment .
Article3¶
1 . A first tranche of each of the amounts referred to in 4 . Without prejudice to the international obligations of Article 1 consisting of 543 400 tonnes for the amount the Community , Member States may charge against this referred to under order No 09.0015 and 38 910 tonnes for tariff quota the other types of paper complying , except as the amount referred to under order No 09.0017 , shall be regards the criteria governing watermarks , with the allocated among the Member States ; their shares which , definition of newsprint contained in the Additional Note to subject to Article 6 shall be valid from 1 January to Chapter 48 . 31 December 1987 , shall be as follows :
No L 374 / 36 Official Journal of the European Communities 31 . 12 . 86
Amount Amount Article 6 referred to referred to under order under order The Member States return to the reserve , not later than No 09.0015 No 09.0017 1 October 1987 , the unused portion of their initial shares which on 15 September 1987 is in excess of 20 % of the Benelux 45 400 400 Denmark 600 80 initial amount . They may return a greater portion if there Germany 100 000 15 820 are grounds for believing that such portion may not be used Greece in full . 1 500 10 820 Spain 2 000 1 000 France 6 500 1 400 Ireland 7 000 10 Member States shall , not later than 1 October 1987 , notify Italy 5 000 1 730 the Commission of the total imports of the products Portugal 400 1 000 concerned effected under the Community quotas up to and United Kingdom 375 000 6 650 including 15 September 1987 and, where appropriate , the proportion of their initial shares that they are returning to each of the reserves .
2 . The second tranches , amounting respectively to 56 600 tonnes and 11 090 tonnes , shall constitute the reserves . Article 7
The Commission shall keep account of the shares opened Article 4 by Member States in accordance with Articles 3 and 4 , and shall inform each of them of the extent to which the reserves have been used as soon as it receives the 1 . If 90 % or more of one of any Member State's initial notifications . shares , as laid down in Article 3 ( 1 ) or 90 % of that share less the amount returned into the corresponding reserve , where Article 6 has been applied , has been used up , that It shall , not later than 5 October 1987 , notify the Member Member State shall without delay , by notifying the States of the state of each of these reserves after the return Commission , draw a second share in the quota equal to of shares pursuant to Article 6 . 10 % of its initial share , rounded up to the next unit where appropriate , to the extent that the amount in the reserve It shall ensure that any drawing which uses up a reserve is allows . limited to the balance available and , for this purpose , shall specify the amount thereof to the Member State which makes the final drawing . 2 . If, after one or other of its initial shares has been used up , 90 % or more of the second share drawn by one of the Member States has been used up , that Member State shall , in the manner provided for in paragraph 1 , draw a third share equal to 5 % of its initial share . Article 8
1 . Member States shall take all appropriate measures to 3 . If, after one or other of its second shares has been used ensure that additional shares drawn pursuant to Article 4 up , 90 % or more of the third share drawn by a Member are opened in such a way that imports may be charged State has been used up , that latter shall , in the same without interruption against their accumulated share of the manner , draw a fourth share equal to the third . quota .
This procedure shall be followed until the reserve has been 2 . Member States shall take all measures necessary to exhausted . ensure that the types of paper referred to in Article 1 fulfil the prescribed conditions before they can benefit from the present tariff quota . 4 . By derogation from paragraphs 1 , 2 and 3 , Member States may draw smaller shares than those fixed in those In such a case , the control of the use of the goods for the paragraphs if there is reason to believe that those shares prescribed end use shall be carried out by applying the might not be used up . They shall inform the Commission relevant Community provisions . of their reasons for applying this paragraph .
3 . Member States shall ensure that importers of the products in question have free access to the shares allocated to it . Article 5
The additional shares drawn pursuant to Article 4 shall be 4 . The extent to which a Member States has used up its valid until 31 December 1987 . shares shall be determined on the basis of imports of the
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products in question entered with the customs authorities Article 10 for free circulation . Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with .
Article 9 Article 11 At the Commission's request , the Member States shall inform it of imports actually charged against their shares . This Regulation shall enter into force on 1 January 1987 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 18 December 1986 .
For the Council
The President
M. JOPLING