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COUNCIL REGULATION ( EEC ) NO 3176/78

OF 19 DECEMBER 1978

ESTABLISHING INDICATIVE CEILINGS AND COMMUNITY SUPERVISION FOR IMPORTS OF CERTAIN PRODUCTS ORIGINATING IN PORTUGAL ( 1979 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

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 AN AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PORTUGUESE REPUBLIC ( 1 ) WAS SIGNED ON 22 JULY 1972 ;

WHEREAS ARTICLES 1 AND 2 OF PROTOCOL 1 ANNEXED TO THAT AGREEMENT MAKE PROVISION FOR A SPECIFIC TIMETABLE FOR THE PROGRESSIVE ABOLITION OF CUSTOMS DUTIES IN RESPECT OF THE PRODUCTS TO WHICH THE AGREEMENT APPLIES ; WHEREAS UNDER ARTICLE 2 OF THAT PROTOCOL THE IMPORTS OF THESE PRODUCTS ARE LIMITED TO ANNUAL INDICATIVE CEILINGS ABOVE WHICH THE CUSTOMS DUTIES APPLICABLE TO THIRD COUNTRIES MAY BE REINTRODUCED ; WHEREAS , HOWEVER , UNDER ARTICLE 2 ( 2 ) , THE COMMUNITY HAS TO SUSPEND THE APPLICATION OF CERTAIN CEILINGS ; WHEREAS , THEREFORE , THE CEILINGS TO BE APPLIED IN 1979 MUST BE ESTABLISHED ; WHEREAS IN THIS SITUATION IT IS ALSO NECESSARY THAT THE COMMISSION BE REGULARLY INFORMED OF THE TREND OF THE IMPORTS OF THE PRODUCTS IN QUESTION AND , IN CONSEQUENCE , IT IS NECESSARY TO SUBJECT THESE IMPORTS TO SUPERVISION ;

WHEREAS THIS OBJECTIVE MAY BE ACHIEVED BY MEANS OF AN ADMINISTRATIVE PROCEDURE BASED ON SETTING OFF IMPORTS OF THE PRODUCTS IN QUESTION AGAINST THE INDICATIVE CEILINGS AT COMMUNITY LEVEL , AS AND WHEN THESE PRODUCTS ARE ENTERED WITH THE CUSTOMS AUTHORITIES FOR HOME USE ; WHEREAS THIS ADMINISTRATIVE PROCEDURE MUST MAKE PROVISION FOR THE REINTRODUCTION OF CUSTOMS TARIFF DUTIES AS SOON AS THE CEILINGS HAVE BEEN REACHED AT COMMUNITY LEVEL ;

WHEREAS THIS ADMINISTRATIVE PROCEDURE REQUIRES CLOSE AND PARTICULARLY RAPID COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION ; WHEREAS THE LATTER MUST , IN PARTICULAR , BE ABLE TO FOLLOW THE PROGRESS OF AMOUNTS SET OFF AGAINST THE INDICATIVE CEILINGS AND KEEP THE MEMBER STATES INFORMED ; WHEREAS THIS COOPERATION MUST BE ALL THE CLOSER SINCE THE COMMISSION MUST BE ABLE TO TAKE ADEQUATE MEASURES TO REINTRODUCE CUSTOMS TARIFF DUTIES WHENEVER ONE OF THE CEILINGS HAS BEEN REACHED ;

WHEREAS THE TREND OF IMPORTS SHOULD BE FOLLOWED FOR CERTAIN PRODUCTS FOR WHICH , UNDER ARTICLE 2 OF PROTOCOL 1 , THE COMMUNITY HAS SUSPENDED THE APPLICATION OF CEILINGS AND FOR PRODUCTS WHICH ARE NOT SUBJECT TO THE CEILING SYSTEM ; WHEREAS IT IS THEREFORE DESIRABLE THAT IMPORTS OF SUCH PRODUCTS SHOULD BE SUBJECT TO SUPERVISION ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . FROM 1 JANUARY TO 31 DECEMBER 1979 , IMPORTS OF PRODUCTS ORIGINATING IN PORTUGAL AND INDICATED IN ANNEX I TO THIS REGULATION SHALL BE SUBJECT TO INDICATIVE CEILINGS AND TO COMMUNITY SUPERVISION .

THE DESCRIPTION OF THE PRODUCTS REFERRED TO IN THE PRECEDING SUBPARAGRAPHS , THEIR TARIFF HEADINGS AND STATISTICAL NUMBERS AND THE LEVELS OF THE INDICATIVE CEILINGS ARE GIVEN IN ANNEX I .

2 . AMOUNTS SHALL BE SET OFF AGAINST THE INDICATIVE CEILINGS AS AND WHEN PRODUCTS ARE ENTERED WITH CUSTOMS AUTHORITIES FOR HOME USE AND ACCOMPANIED BY A MOVEMENT CERTIFICATE CONFORMING TO THE RULES CONTAINED IN PROTOCOL 3 TO THE AGREEMENT .

GOODS SHALL BE SET OFF AGAINST THE INDICATIVE CEILING ONLY IF THE MOVEMENT CERTIFICATE HAS BEEN SUBMITTED BEFORE THE DATE ON WHICH CUSTOMS DUTIES ARE REIMPOSED .

THE REACHING OF A CEILING SHALL BE DETERMINED AT COMMUNITY LEVEL ON THE BASIS OF IMPORTS SET OFF AGAINST IT IN THE MANNER DEFINED IN THE PRECEDING SUBPARAGRAPHS .

THE MEMBER STATES SHALL PERIODICALLY INFORM THE COMMISSION OF IMPORTS EFFECTED IN ACCORDANCE WITH THE ABOVE RULES ; SUCH INFORMATION SHALL BE SUPPLIED UNDER THE CONDITIONS LAID DOWN IN PARAGRAPH 4 .

3 . AS SOON AS THE CEILINGS HAVE BEEN REACHED , THE COMMISSION MAY ISSUE A REGULATION REIMPOSING THE CUSTOMS DUTIES PROVIDED FOR IN ARTICLE 2 ( 7 ) OF PROTOCOL 1 TO THE AGREEMENT UNTIL THE END OF THE CALENDAR YEAR .

4 . MEMBER STATES SHALL FORWARD TO THE COMMISSION NOT LATER THAN THE 15TH DAY OF EACH MONTH STATEMENTS OF THE AMOUNTS SET OFF DURING THE PRECEDING MONTH . THEY SHALL , IF THE COMMISSION SO REQUESTS , MAKE UP SUCH STATEMENTS FOR PERIODS OF 10 DAYS AND FORWARD THEM WITHIN FIVE CLEAR DAYS OF EXPIRY OF THE PRECEDING 10-DAY PERIOD .

ARTICLE 2

FROM 1 JANUARY TO 31 DECEMBER 1979 , IMPORTS OF THE PRODUCTS REFERRED TO IN ANNEX II WHICH ORIGINATE IN PORTUGAL SHALL BE SUBJECT TO COMMUNITY SUPERVISION .

MEMBER STATES SHALL FORWARD TO THE COMMISSION NOT LATER THAN THE 15TH DAY OF EACH MONTH STATEMENTS OF IMPORTS OF THE PRODUCTS IN QUESTION EFFECTED DURING THE PRECEDING MONTH ; TO THIS END , ONLY PRODUCTS SUBMITTED TO THE CUSTOMS AUTHORITIES UNDER COVER OF AN ENTRY FOR HOME USE AND ACCOMPANIED BY A MOVEMENT CERTIFICATE CONFORMING TO THE RULES CONTAINED IN PROTOCOL 3 TO THE AGREEMENT SHALL BE TAKEN INTO CONSIDERATION .

ARTICLE 3

FOR THE IMPLEMENTATION OF THIS REGULATION THE COMMISSION SHALL TAKE ALL NECESSARY MEASURES IN CLOSE COOPERATION WITH THE MEMBER STATES .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1979 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 19 DECEMBER 1978 .

FOR THE COUNCIL

THE PRESIDENT

H . -D . GENSCHER

( 1 ) OJ NO L 301 , 31 . 12 . 1972 , P . 10 .

ANNEX I

LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION IN 1979

ORDER NO*CCT HEADING NO*DESCRIPTION*NIMEXE CODE*LEVEL OF CEILING ( TONNES ) *

1*2*3*4*5*

I P 1*45.02*NATURAL CORK IN BLOCKS , PLATES , SHEETS OR STRIPS ( INCLUDING CUBES OR SQUARE SLABS , CUT TO SIZE FOR CORKS OR STOPPERS ) *45.02 - ALL NOS*CEILING DELAYED*

I P 2*45.03*ARTICLES OF NATURAL CORK*45.03 - ALL NOS*CEILING DELAYED*

I P 3*55.05*COTTON YARN , NOT PUT UP FOR RETAIL SALE*55.05 - ALL NOS*11 311*

I P 4*56.07*WOVEN FABRICS OF MAN-MADE FIBRES ( DISCONTINUOUS OR WASTE ) *56.07 - ALL NOS*3 202*

I P 5*59.04*TWINE , CORDAGE , ROPES AND CABLES , PLAITED OR NOT*59.04 - ALL NOS*11 324*

I P 6*60.04*UNDER GARMENTS , KNITTED OR CROCHETED , NOT ELASTIC OR RUBBERIZED*60.04 - ALL NOS*CEILING DELAYED*

I P 7*60.05*OUTER GARMENTS AND OTHER ARTICLES , KNITTED OR CROCHETED , NOT ELASTIC OR RUBBERIZED*60.05 - ALL NOS*975*

I P 8*61.01*MEN'S AND BOYS' OUTER GARMENTS*61.01 - ALL NOS*1 224*

I P 9*61.02*WOMEN'S , GIRLS' AND INFANTS' OUTER GARMENTS*61.02 - ALL NOS*373*

I P 10*61.03*MEN'S AND BOYS' UNDER GARMENTS , INCLUDING COLLARS , SHIRT FRONTS AND CUFFS*61.03 - ALL NOS*CEILING DELAYED*

I P 11*61.04*WOMEN'S , GIRLS' AND INFANTS' UNDER GARMENTS*61.04 - ALL NOS*CEILING DELAYED*

ANNEX II

LIST OF PRODUCTS REFERRED TO IN ARTICLE 2

ORDER NO*CCT HEADING NO*DESCRIPTION*NIMEXE CODE*

1*2*3*4*

II P 1*45.04*AGGLOMERATED CORK ( BEING CORK AGGLOMERATED WITH OR WITHOUT A BINDING SUBSTANCE ) AND ARTICLES OF AGGLOMERATED CORK*45.04 - ALL NOS*

II P 2*56.05*YARN OF MAN-MADE FIBRES ( DISCONTINUOUS OR WASTE ) , NOT PUT UP FOR RETAIL SALE*56.05 - ALL NOS*

II P 3*57.10*WOVEN FABRICS OF JUTE OR OF OTHER TEXTILE BAST FIBRES OF HEADING NO 57.03*57.10 - ALL NOS*

II P 4*62.02*BED LINEN , TABLE LINEN , TOILET LINEN AND KITCHEN LINEN ; CURTAINS AND OTHER FURNISHING ARTICLES*62.02 - ALL NOS