No L 374 / 34 Official Journal of the European Communities 31 . 12 . 86
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 :
— from Canada :
1983 1984 1985
Benelux 5,82 5,59 3,81
Denmark 0,01 0 0,01
Germany 11,01 18,66 15,18
Greece 0 0 0,01
Spain 1,71 1,17 1,05
France 0,81 0,20 0,82
Ireland 1,36 1,08 1,10
Italy 1,65 2,10 2,34
Portugal 1,23 0 0,09
United Kingdom 76,40 71,20 75,59
— from other countries :
1983 1984 1985
Benelux 16,28 5,83 1,75
Denmark 0,39 0,04 0
Germany 26,73 40,75 39,39
Greece 14,09 5,55 10,11
Spain 16,08 20,32 24,52
France 2,32 4,43 2,20
Ireland 0,04 0,01 0,01
Italy 2,46 0,81 0,53
Portugal 1,67 6,13 7,79
United Kingdom 19,94 16,13 13,70
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113
thereof,
Having regard to the proposal from the Commission ,
Whereas , for newsprint falling within subheading 48.01 A
of the Common Customs Tariff , the Community has
decided to 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 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 used by 29 November
can be applied to imports of newsprint of any origin ;
whereas , therefore , an overall duty-free Community tariff
quota of 650 000 tonnes should be opened for the product
in question for 1987 , subdivided as indicated above ;
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 watermarks ;
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
these quotas are exhausted ; whereas in the light of these
principles , arrangements for the utilization of Community
tariff quotas based on an allocation among Member States
would seem to be consistent with the Community nature of
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
in proportion to the requirements of the Member States as
calculated by reference to statistics on imports from third
countries which do not benefit from a similar preference ,
during a representative reference period , and to the
economic outlook for the year covered by the quota in
question ;
Whereas for the past three years for which complete
statistics are available , the corresponding imports of each
of the Member States represent , with reference to the total
imports of the products in question coming from third
Whereas , in view of the above and of the foreseeable trend
on the market in newsprint in general , and of Community
production in particular during 1987 , the percentages of
initial participation in the quota amounts may be allocated ,
approximately , as follows :
Amount of
600 000 tonnes
Amount of
50 000 tonnes
Benelux 8,35 1,03
Denmark 0,11 0,21
Germany 18,40 40,66
Greece 0,28 27,81
Spain 0,37 2,57
France 1,20 3,59
Ireland 1,29 0,02
Italy 0,92 4,45
Portugal 0,07 2,57
United Kingdom 61,01 17,09
31 . 12 . 86 Official Journal of the European Communities No L 374 / 35
Whereas , if at a given date in the quota period a quantity of
a Member State's initial share remains unused , it is
essential , to prevent a part of the Community tariff while it
could be used in others , that such State should return a
significant proportion thereof to the reserve ;
Whereas , to take account of import trends for the product
concerned , the quotas should be divided into two tranches ,
the first being allocated among the Member States and the
second held as a reserve to cover subsequently the
requirements of Member States which have exhausted their
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
Community quotas should be fixed at about 91 % and
78% of the quota volumes ;
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 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 ,
HAS ADOPTED THIS REGULATION :
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
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
this form of administration requires close collaboration
between the Member States and the Commission , and the
latter must be in a position to keep account of the extent to
which the quotas have been used up and to inform the
Member States accordingly ;
Article 1
1 . From 1 January to 31 December 1987 the Common
Customs Tariff duty , on the following product , shall be
suspended at the levels and within the limits of the
Community tariff quotas shown herewith :
Order No CCT heading
No Description
Quota
volume
( in tonnes )
Rate of
duty
( % )
09.0015
09.0017
48.01 A Newsprint ('):
— from Canada
— from other third countries
600 000
50 000
0
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
Portugal shall apply customs duties calculated in
accordance with the relevant provisions in the Act of
Accession .
Article 2
From 30 November 1987 the residue of the amounts
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 .
Article 3
1 . A first tranche of each of the amounts referred to in
Article 1 consisting of 543 400 tonnes for the amount
referred to under order No 09.0015 and 38 910 tonnes for
the amount referred to under order No 09.0017 , shall be
allocated among the Member States ; their shares which ,
subject to Article 6 shall be valid from 1 January to
31 December 1987 , shall be as follows :
4 . Without prejudice to the international obligations of
the Community , Member States may charge against this
tariff quota the other types of paper complying , except as
regards the criteria governing watermarks , with the
definition of newsprint contained in the Additional Note to
Chapter 48 .
No L 374 / 36 Official Journal of the European Communities 31 . 12 . 86
Amount
referred to
under order
No 09.0015
Amount
referred to
under order
No 09.0017
Article 6
The Member States return to the reserve , not later than
1 October 1987 , the unused portion of their initial shares
which on 15 September 1987 is in excess of 20 % 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 .
45 400
600
100 000
1 500
2 000
6 500
7 000
5 000
400
375 000
400
80
15 820
10 820
1 000
1 400
10
1 730
1 000
6 650
Benelux
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Portugal
United Kingdom
Member States shall , not later than 1 October 1987 , notify
the Commission of the total imports of the products
concerned effected under the Community quotas up to and
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 4
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
less the amount returned into the corresponding reserve ,
where Article 6 has been applied , has been used up , that
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
appropriate , to the extent that the amount in the reserve
allows .
Article 7
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
reserves have been used as soon as it receives the
notifications .
It shall , not later than 5 October 1987 , notify the Member
States of the state of each of these reserves after the return
of shares pursuant to Article 6 .
It shall ensure that any drawing which uses up a reserve is
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
ensure that additional shares drawn pursuant to Article 4
are opened in such a way that imports may be charged
without interruption against their accumulated share of the
quota .
3 . If, after one or other of its second shares has been used
up , 90 % or more of the third share drawn by a Member
State has been used up , that latter shall , in the same
manner , draw a fourth share equal to the third .
This procedure shall be followed until the reserve has been
exhausted .
4 . By derogation from paragraphs 1 , 2 and 3 , Member
States may draw smaller shares than those fixed in those
paragraphs if there is reason to believe that those shares
might not be used up . They shall inform the Commission
of their reasons for applying this paragraph .
2 . Member States shall take all measures necessary to
ensure that the types of paper referred to in Article 1 fulfil
the prescribed conditions before they can benefit from the
present tariff quota .
In such a case , the control of the use of the goods for the
prescribed end use shall be carried out by applying the
relevant Community provisions .
3 . Member States shall ensure that importers of the
products in question have free access to the shares allocated
to it .
4 . The extent to which a Member States has used up its
shares shall be determined on the basis of imports of the
Article 5
The additional shares drawn pursuant to Article 4 shall be
valid until 31 December 1987 .
31 . 12 . 86 Official Journal of the European Communities No L 374 / 37
products in question entered with the customs authorities
for free circulation .
Article 10
Member States and the Commission shall cooperate closely
to ensure that this Regulation is complied with .
Article 9
At the Commission's request , the Member States shall
inform it of imports actually charged against their shares .
Article 11
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
Full & Egal Universal Law Academy