COUNCIL REGULATION (EEC) No 2370/81 of 27 July 1981 laying down the arrangements applicable to trade between Greece and Portugal

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 the Protocol to the Agreement between the European Economic Community and the Portuguese Republic (1), hereinafter referred to respectively as "the Protocol" and "the Agreement", designed to take account of the accession of the Hellenic Republic, was initialled on 30 April 1981;

Whereas, pending the entry into force of the Protocol, the Community should, in the light of the said Protocol, lay down autonomously the arrangements applicable to trade between Greece and Portugal,

HAS ADOPTED THIS REGULATION:

Article 1

Pending the entry into force of the Protocol, the arrangements applicable to trade between Greece and Portugal shall be those resulting from the Agreement as amended by the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall expire on the date of entry of the Protocol.

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

Done at Brussels, 27 July 1981.

For the Council

The President

P. WALKER

(1) OJ No L 301, 31.12.1972, p. 167.

ANNEX Specific conditions of application of the Agreement between the European Economic Community and the Portuguese Republic consequent upon the accession of the Hellenic Republic

Article 1

For products falling within Chapters 48 and 49 of the Common Customs Tariff and originating in Portugal which are not listed in Annex I, the Hellenic Republic shall apply the provisions laid down in the table contained in Article 1 (3) of Protocol 1 to the Agreement.

Article 2

1. Article 4 (1) of the Additional Protocol, as amended by Article 5 of the Supplementary Protocol, is replaced by the following text:

"1. For the period 1 January 1980 to 31 December 1983, imports into the Community as originally constituted, into Greece and into Ireland of the following products originating in Portugal shall be subject to annual ceilings free of customs duties: >PIC FILE= "T0020451">

When a ceiling on imports of a product is reached, the Community may reintroduce residual duties for the product in question until the end of the calendar year."

2. Within the framework of the ceilings indicated in paragraph 1, the Hellenic Republic shall accord imports originating in Portugal the same tariff treatment as that which it accords the Community of Nine.

3. Should the Community reintroduce residual duties for the product in question, the Hellenic Republic shall charge duties calculated in accordance with Articles 4 and 5.

4. Within the framework of the ceilings indicated in paragraph 1, the Hellenic Republic may reintroduce customs duties as specified in paragraph 3, where imports into Greece of kraft liner falling within subheading ex 48.01 C II of the Common Customs Tariff reach 2 000 tonnes.

Article 3

1. The Community tariff quotas provided for in Article 9 of the Supplementary Protocol to the Agreement shall be increased as follows for the products indicated: >PIC FILE= "T0020452">

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2. Within the framework of such Community tariff quotas, the Hellenic Republic shall apply customs duties calculated in accordance with Article 9.

Article 4

1. For the products listed in Annex I, other than pectates falling within heading No ex 13.03 of the Common Customs Tariff, the Hellenic Republic shall progressively abolish customs duties on imported products originating in Portugal in accordance with the following timetable: - as at the date of entry into force of this Regulation, each duty shall be reduced to 90 % of the basic rate,

- on 1 January 1982, each duty shall be reduced to 80 % of the basic rate,

- the other four reductions each of 20 % shall be made on: - 1 January 1983,

- 1 January 1984,

- 1 January 1985,

- 1 January 1986.

2. In respect of pectates falling within heading No ex 13.03 of the Common Customs Tariff, the Hellenic Republic shall progressively reduce the difference between the basic rate and the rate resulting from the application of the Agreement, in accordance with the timetable set out in paragraph 1.

Article 5

1. For the products listed in Annex I, the basic rate to which the successive reductions as provided for in Article 4 are to be applied shall, for each product, be the rate actually applied by the Hellenic Republic on 1 July 1980 in respect of Portugal.

2. However, in respect of matches falling within heading No 36.06 of the Common Customs Tariff, the basic rate shall be 17 72 % ad valorem.

Article 6

1. For the products listed in Annex I, the Hellenic Republic shall progressively abolish charges having equivalent effect to customs duties on imported products originating in Portugal, in accordance with the following timetable: - as from the date of entry into force of this Regulation, each charge shall be reduced to 90 % of the basic rate,

- on 1 January 1982, each charge shall be reduced to 80 % of the basic rate,

- the other four reductions each of 20 % shall be made on: - 1 January 1983,

- 1 January 1984,

- 1 January 1985,

- 1 January 1986.

2. The basic rate to which the successive reductions as provided for in paragraph 1 are to be applied shall, for each product, be the rate applied by the Hellenic Republic on 31 December 1980 in respect of the Community of Nine.

3. Any charge having equivalent effect to a customs duty on imports introduced as from 1 January 1979 in trade between Greece and Portugal shall be abolished.

Article 7

If the Hellenic Republic suspends or reduces duties or charges of equivalent effect on products imported from the Community of Nine more quickly than laid down in the timetable, it shall also suspend, or reduce by the same percentage, those duties or charges of equivalent effect applicable to products originating in Portugal.

Article 8

1. The variable component which the Hellenic Republic may apply in accordance with Article 1 of Protocol 2 to the Agreement to the products originating in Portugal which are listed in Table I of the aforementioned Protocol shall be adjusted by the compensatory amount applied in trade between the Community of Nine and Greece.

2. In the case of the products listed in both Table I of Protocol 2 to the Agreement and Annex I, the Hellenic Republic shall, in accordance with the timetable referred to in Article 4, abolish the difference between: - the fixed component of the duty to be applied by the Hellenic Republic upon accession, and

- the duty (other than the variable component) shown in the last column of Table I of Protocol 2 to the Agreement.

Article 9

For the products listed in Annex II to the Treaty establishing the European Economic Community, the preferential rates stipulated or calculated shall be applied to the duties actually levied by the Hellenic Republic on imports from third countries, as provided for in Article 64 of the Act of Accession of the Hellenic Republic to the European Communities.

In no case may products originating in Portugal be imported into Greece at customs duty rates more favourable than those applied to products from the Community of Nine.

Article 10

1. The Hellenic Republic may retain quantitative restrictions until 31 December 1985 on products listed in Annex II and originating in Portugal.

2. The restrictions referred to in paragraph 1 shall take the form of quotas. The quotas for 1981 are listed in Annex II.

3. The minimum rate of progressive increase for the quotas referred to in paragraph 2 shall be 25 % at the beginning of each year for quotas expressed in European units of account (EUA) and 20 % at the beginning of each year for quotas expressed in terms of volume. Such increases shall be added to each quota and the next increase calculated on the total thus obtained.

Where a quota is expressed in terms of both volume and value, the quota relating to the volume shall be raised by at least 20 % a year and the quota relating to the value by at least 25 % a year, the succeeding quotas to be calculated each year on the basis of the previous quota, plus the increase.

However, with regard to motor coaches and buses and other vehicles falling within subheading ex 87.02 A I of the Common Customs Tariff, the quota shall be raised by 20 % a year.

4. Where imports into Greece of a product listed in Annex II are found to have been for two consecutive years less than 90 % of the quota, the Hellenic Republic shall liberalize imports of that product originating in Portugal if the product in question is at that time liberalized in respect of the Community of Nine.

5. If the Hellenic Republic liberalizes imports from the Community of Nine of a product listed in Annex II or increases a quota applicable to the Community of Nine beyond the minimum rate laid down in paragraph 3, it shall also liberalize imports of that product originating in Portugal or shall increase the quota proportionally.

6. Regarding licences for imports of products listed in Annex II and originating in Portugal, the Hellenic Republic shall apply the same administrative rules and practices as those applying to such imports originating in the Community of Nine, with the exception of the quota for fertilizers falling within heading Nos 31.02 or 31.03 or subheadings 31.05 A I, II or IV of the Common Customs Tariff where the Hellenic Republic may apply the rules and practices relevant to exclusive marketing rights.

Article 11

1. Import deposits and cash payments in force in Greece on 31 December 1980 in respect of imported products originating in Portugal shall be reduced in accordance with the following timetable: - as from the date of entry into force of this Regulation : 25 %,

- 1 January 1982 : 25 %,

- 1 January 1983 : 25 %,

- 1 January 1984 : 25 %.

2. For imports of products listed in Annex II to the Treaty establishing the European Economic Community, and originating in Portugal, charges having equivalent effect to customs duties and measures having equivalent effect to quantitative restrictions (import deposits and cash payments, validation of invoices, etc.), shall be abolished by the Hellenic Republic as from the date of entry into force of this Regulation subject to Article 65 of the Act of Accession of the Hellenic Republic to the European Communities.

3. If the Hellenic Republic reduces the rate of import deposits or cash payments in respect of the Community of Nine more quickly than laid down in the timetable set out in paragraphs 1 and 2, it shall make the same reduction with regard to imported products originating in Portugal.

ANNEX I LIST REFERRED TO IN ARTICLE 6 OF THE PROTOCOL

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ANNEX II LIST REFERRED TO IN ARTICLE 14 OF THE PROTOCOL

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