31987R4103

No L 383 / 26 Official Journal of the European Communities 31 . 12 . 87

COUNCIL REGULATION ( EEC ) No 4103 / 87

of 22 December 1987

opening, allocating and providing for the administration of a Community tariff quota for newsprint falling within code 4801 00 10 of the combined nomenclature ( 1988 ) and extending this quota to include certain other types of paper

THE COUNCIL OF THE EUROPEAN COMMUNITIES , third countries which do not benefit from equivalent preference during a representative reference period and on the economic outlook for the quota year in question; Having regard to the Treaty establishing the European Economic Community , and in particular Article 113 thereof,

Whereas during the last three years for which complete Having regard to the proposal from the Commission , statistics are available the corresponding imports into each of the Member States represented the following percentages of total imports of the product in question from third countries Whereas , for newsprint falling within subheading 48.01 A of the Common Customs Tariff, the Community has decided to which do not benefit from an equivalent preferential tariff measure : conclude an agreement which provides in particular for the opening of a Community tariff quota of 650 000 tonnes , of which 600 000 tonnes are reserved until 30 November each year , in accordance with Article XIII of the General — from Canada : Agreement on Tariffs and Trade , exclusively for products from Canada ; whereas this agreement provides equally that from 30 November each year the residue which has not been Member State 1984 1985 1986 used by 29 November can be applied to imports of newsprint of any origin ; whereas , therfore, an overall zero-duty Benelux 5,59 3,81 10,11 Community tariff quota of 650 000 tonnes should be opened Denmark 0 0,01 0,04 for the product in question for 1988 , subdivided as indicated above ; Germany 18,66 15,18 22,62 Greece 0 0,01 0 Spain 1,17 1,05 0,88 Whereas provision should be made for extending the tariff France 0,20 0,82 3,31 quota in question to include certain types of paper fulfilling all the conditions set out in the Additional Note to Chapter Ireland 1,08 1,10 1,08 48 except those relating to watermarks; Italy 2,10 2,34 1,68 Portugal 0 0,09 0,22 Whereas the Community has adopted , with effect from United Kingdom 71,20 75,59 60,06 1 January 1988 , a combined nomenclature for goods which meets the requirements of the Common Customs Tariff and the nomenclature of goods for the external trade statistics of — from other countries : the Community and statistics of trade between Member States ; whereas , in order to accommodate specific Member State 1984 1985 1986 Community rules , this nomenclature has been expanded into an integrated tariff of the European Communities ( TARIC ); Benelux 5,83 1,75 2,01 whereas , from that date , the combined nomenclature and , Denmark 0 0 0,04 where appropriate , the TARIC code numbers should be used Germany 40,75 39,39 27,80 for the description of the product covered by this Greece 5,55 10,11 15,12 Regulation ; Spain 20,32 24,52 3,49 France 4,43 2,20 1,21 Whereas equal and continuous access to the quotas should be Ireland 0,01 0,01 0,01 ensured for all Community importers and the rates laid down Italy 0,81 0,53 21,97 for the quotas should be applied consistently to all imports of the product in question into the Member States until the Portugal 6,13 7,79 6,12 quotas are exhausted ; whereas , in the light of these United Kingdom 16,13 13,70 22,27 principles , allocation of the tariff quotas among the Member States would seem to preserve the Community nature of the quotas ; whereas in order to correspond as closely as possible to the real trend of the market for the products in question the Whereas in view of these factors and of market forecasts for allocation should reflect the requirements of the Member newsprint in general and for Community production in States based on statistics of imports of the said products from particular during 1988 , and of the effective use of the

31 . 12 . 87 Official Journal of the European Communities No L 383 / 27

quotas opened for 1986 and 1987 , the initial percentage should draw an additional share from the corresponding shares of the quota volume can be expressed approximately reserve ; whereas each time one of its additional shares is as follows : almost used up a Member State should draw a further share , and so on as many times as the reserve allows ; whereas the initial and additional shares must be valid until the end of the Volume of Volume of 600 000 tonnes 50 000 tonnes quota period ; whereas this form of administration requires close cooperation between the Member States and the Benelux 6,60 1,57 Commission and the latter must be able to monitor the extent Denmark 0,02 0,01 to which the quota volumes have been used up and inform the 19,03 27,27 Member States accordingly; Germany Greece 0,01 15,07 Whereas if at a given date in the quota period a quantity of a Spain 1,04 13,20 Member State's initial share remains unused , it is essential France 1,38 2,98 that the Member State concerned should return a significant Ireland 1,08 0,01 proportion thereof to the corresponding reserve in order to Italy 2,02 20,13 prevent part of the Community tariff quota from remaining Portugal 0,10 3,27 unused in one Member State when it could be used in United Kingdom 68,72 16,49 others ;

Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Whereas , to allow for the trend of imports of the product Union , any operation concerning the administration of the concerned , the quota volumes should be divided into two quota shares allocated to that economic union may be carried parts , the first being allocated among the Member States and out by any one of its members , the second held as a reserve to cover any subsequent requirements of Member States which have used up their initial share ; whereas , to afford importers in each Member State some degree of certainty and yet enable Community HAS ADOPTED THIS REGULATION : production to be marketed on satisfactory terms , the first part of the Community quotas should be set at a certain level , which in this case could be 75% and 67% of the quota volumes ; Article 1

Whereas the initial shares may be used up at different rates ; 1 . From 1 January to 31 December 1988 the customs duty whereas , in order to avoid any break in the continuity of applicable to imports of the following product shall be supplies on this account , it should be provided that any suspended at the level indicated and within the limits of Member State which has almost used up its initial share Community tariff quotas as shown below :

Amount of Order No CN code Description Rate of duty quota ( % ) (tonnes )

09.0015 4801 00 10 Newsprint ('): — from Canada 600 000 0 09.0017 — from other third countries 50 000 0

(*) Entry under this subheading is subject to conditions determined by the relevant Community provisions .

2 . Within the limit of this tariff quota the Kingdom of tariff quota the other types of paper corresponding, except as Spain and the Portuguese Republic shall apply customs duties regards the criterion relating to watermarks , to the definition calculated in accordance with the relevant provisions of the of newsprint contained in Additional Note 1 to Chapter 48 1985 Act of Accession . and falling within subheading 4801 00 90 of the combined nomenclature . 3 . Imports of newsprint may not be charged against this tariff quota if they are already free of customs duties under other preferential tariff arrangements . Article 2

4 . Without prejudice to the international obligations of From 30 November 1988 , the residue of the amounts the Community, Member States may charge against this referred to in Article 1 which have not actually been

No L 383 / 28 Official Journal of the European Communities 31 . 12 . 87

used by 29 November 1988 , or which are not expected to be This process shall continue until the reserve is used up . used before 31 December 1988 , can be applied to imports of the product in question whether from Canada or from 4 . By way of derogation from paragraphs 1 , 2 and 3 , another third country. Member States may draw smaller shares than those specified in the said paragraphs if there is reason to believe that they might not be used in full . Member States shall inform the Commission of their reasons for applying this paragraph . Article 3

1 . The first part of each of the amounts referred to in Article 5 Article 1 , consisting of 450 000 tonnes for the amount referred to under Order No 09.0015 and 33 500 tonnes for the amount referred to under Order No 09.0017 , shall be The additional shares drawn pursuant to Article 4 shall be valid until 31 December 1988 . allocated among the Member States ; the quota shares, which , subject to Article 6 , shall be valid from 1 January to 31 December 1988 , shall be as follows :

Article 6 (tonnes) Amount referred Amount referred By 1 October 1988 at the latest , Member States must return under Order under Order No 09.0015 No 09.0017 to the reserve the unused portion of their initial share which , on 15 September 1988 , is in excess of 20% of the initial Benelux 29 700 526 volume . They may return a greater portion if there is reason Denmark 90 3 to believe that it might not be used . Germany 85 635 9 135 Greece 45 5 049 By 1 October 1988 at the latest, Member States must notify Spain 4 680 4 422 the Commission of the total quantities of the products France 6 210 999 concerned imported on or before 15 September 1988 and charged against the Community quotas and of any portion Ireland 4 860 3 of their initial shares that they are returning to the Italy 9 090 6 744 corresponding reserves . Portugal 450 1 095 United Kingdom 309 240 5 524

Article7¶

The Commission shall keep account of the shares drawn by 2 . The second parts , amounting to 150 000 tonnes and Member States pursuant to Articles 3 and 4 and shall inform 16 500 tonnes respectively , shall constitute the reserve . each Member State of the extent to which the reserves have been used up as soon as it has been notified .

It shall inform the Member States not later than 5 October Article 4 1988 of the state of the reserves following any return of quota shares pursuant to Article 6 . 1 . If a Member State has used 90 % or more of one of its initial shares as specified in Article 3 (1 ), or of that share less It shall ensure that the drawing which exhausts the reserve any portion returned to the reserve pursuant to Article 6 , it does not exceed the balance available , and to this end shall shall forthwith , by notifying the Commission and to the notify the amount of that balance to the Member State extent that the reserve so permits , draw a second share equal making the final drawing . to 1 0 % of its initial share , rounded up where necessary to the next whole number .

Article 8 2 . If, after one of its initial quota shares has been used up , a Member State has used 90 % or more of its second share as well , it shall forthwith , using the procedure provided for in 1 . Member States shall take all appropriate measures to paragraph 1 , draw a third share equal to 5 % of the initial ensure that additional drawings of shares pursuant to share . Article 4 enable imports to be charged without interruption against their accumulated share of the Community tariff quota . 3 . If, after one of its second shares has been used up , a Member State has used 90 % or more of its third share , it shall , using the procedure provided for in paragraph 1 , draw 2 . Member States shall take all appropriate measures a fourth share equal to the third . to make sure that the paper referred to in Article 1

31 . 12 . 87 Official Journal of the European Communities No L 383 / 29

fully meets the criteria for admission to this tariff quota . Article 9

At the request of the Commission , Member States shall Where this is the case , the relevant Community procedures inform it of imports actually charged against their quota shall be applied in order to monitor use of the paper for the shares . prescribed specific purpose .

Article 10 3 . Member States shall ensure that importers of the products concerned have free access to the quota shares The Member States and the Commission shall cooperate allocated to them . closely to ensure that this Regulation is complied with .

4 . The extent to which a Member State has used up it shares shall be determined on the basis of the imports of the Article 1 1 products concerned entered with the customs authorities for free circulation . This Regulation shall enter into force on 1 January 1988 .

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

Done at Brussels , 22 December 1987 .

For the Council The President N. WILHJELM