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( 1 ) OJ NO L 41 , 14 . 2 . 1983 , P . 1 .

( 2 ) OJ NO L 30 , 6 . 2 . 1982 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 3219/84 OF 6 NOVEMBER 1984 ESTABLISHING CEILINGS AND COMMUNITY SUPERVISION FOR IMPORTS OF CERTAIN GOODS ORIGINATING IN YUGOSLAVIA ( 1985 )

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 A COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA ( 1 ) WAS CONCLUDED ON 24 JANUARY 1983 ;

WHEREAS ARTICLE 1 OF PROTOCOL 1 ANNEXED TO THAT AGREEMENT PROVIDES , ON THE ONE HAND , THAT IMPORTS OF THE GOODS THEREIN SET OUT ARE LIMITED TO ANNUAL CEILINGS ABOVE WHICH THE CUSTOMS DUTIES APPLICABLE TO THIRD COUNTRIES MAY BE REINTRODUCED ; WHEREAS , FOLLOWING THE ACCESSION OF THE HELLENIC REPUBLIC TO THE COMMUNITY , AN ADDITIONAL PROTOCOL AMENDING THE SAID PROTOCOL 1 WAS SIGNED ON 1 APRIL 1982 ; WHEREAS , PENDING THE ENTRY INTO FORCE OF THIS ADDITIONAL PROTOCOL , THE COMMUNITY HAS PUT INTO FORCE THE AMENDMENTS TO THE TRADE ARRANGEMENTS PROVIDED FOR IN THE SAID PROTOCOL BY REGULATION ( EEC ) NO 287/82 ( 2 ) ; WHEREAS , ON THE OTHER HAND , A SUPPLEMENTARY PROTOCOL TO THE COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA CONCERNING TRADE IN TEXTILE PRODUCTS , HEREINAFTER REFERRED TO AS " THE SUPPLEMENTARY PROTOCOL " , HAS BEEN NEGOTIATED ; WHEREAS UNTIL THE SUPPLEMENTARY PROTOCOL COMES INTO FORCE THE ARRANGEMENTS PROVIDED BY IT SHOULD BE APPLIED FROM 1 JANUARY 1983 ; WHEREAS , THEREFORE , THE CEILINGS TO BE APPLIED IN 1985 MUST BE ESTABLISHED ; WHEREAS IN THIS SITUATION IT IS NECESSARY THAT THE COMMISSION BE REGULARLY INFORMED OF THE TREND OF THE IMPORTS OF THE GOODS 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 CEILINGS AT COMMUNITY LEVEL , AS AND WHEN THESE PRODUCTS ARE ENTERED WITH CUSTOMS AUTHORITIES FOR FREE CIRCULATION ; 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 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 GOODS ; WHEREAS IT IS THEREFORE DESIRABLE THAT IMPORT OF SUCH GOODS SHOULD BE SUBJECT TO SUPERVISION ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . FROM 1 JANUARY TO 31 DECEMBER 1985 , IMPORTS OF CERTAIN GOODS ORIGINATING IN YUGOSLAVIA AND LISTED IN ANNEXES I , II , III AND IV SHALL BE SUBJECT TO CEILINGS AND TO COMMUNITY SUPERVISION .

THE DESCRIPTION OF THE GOODS REFERRED TO IN THE PRECEDING SUBPARAGRAPH , THEIR TARIFF HEADINGS AND STATISTICAL NUMBERS AND THE LEVELS OF THE INDICATIVE CEILINGS OR SUB-CEILINGS ARE GIVEN IN THE ABOVEMENTIONED ANNEXES .

THE SUB-CEILINGS ESTABLISHED FOR CERTAIN PRODUCTS IN ANNEX II WHICH HAVE NOT UNDERGONE AN OUTWARD PROCESSING OPERATION IN CONFORMITY WITH THE COMMUNITY REGULATION ON ECONOMIC OUTWARD PROCESSING ARE INDICATED IN COLUMN 5 OF THAT ANNEX .

2 . AMOUNTS SHALL BE SET OFF AGAINST THE CEILINGS OR SUB-CEILINGS AS AND WHEN THE GOODS ARE ENTERED WITH CUSTOMS AUTHORITIES FOR FREE CIRCULATION AND ACCOMPANIED BY A MOVEMENT CERTIFICATE CONFORMING TO THE RULES CONTAINED IN PROTOCOL 2 TO THE AGREEMENT .

WITH REGARD TO THE CEILINGS ESTABLISHED FOR CATEGORIES 4 , 5 , 6 , 7 , 8 , 12 , 15 B , 16 , 18 , 24/25 AND 73 OF ANNEX II , RE-IMPORTED PRODUCTS WHICH HAVE UNDERGONE AN OUTWARD PROCESSING OPERATION IN CONFORMITY WITH THE COMMUNITY REGULATION ON ECONOMIC OUTWARD PROCESSING MAY BE CHARGED AGAINST THE RESPECTIVE CEILINGS ONLY IF IN THE MOVEMENT CERTIFICATE ISSUED BY THE COMPETENT YUGOSLAV AUTHORITIES REFERENCE IS MADE TO THE PRIOR AUTHORIZATION PROVIDED FOR BY THE COMMUNITY REGULATION ON ECONOMIC OUTWARD PROCESSING .

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

THE REACHING OF A CEILING OR SUB-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 OR SUB-CEILINGS HAVE BEEN REACHED , THE COMMISSION MAY ADOPT A REGULATION REIMPOSING UNTIL THE END OF THE CALENDAR YEAR THE CUSTOMS DUTIES APPLICABLE TO THIRD COUNTRIES .

IN THE CASE OF SUCH A REIMPOSITION , GREECE SHALL REINTRODUCE THE LEVYING OF THE CUSTOMS DUTIES WHICH IT APPLIES TO THIRD COUNTRIES AT THE DATE IN QUESTION .

HOWEVER , IF CUSTOMS DUTIES ARE REIMPOSED , IMPORTS OF THE GOODS LISTED IN ANNEX V , WHICH WITHIN THE MEANING OF PROTOCOL 2 ANNEXED TO THE AGREEMENT HAVE OBTAINED ORIGINATING STATUS IN THE FREE ZONE ESTABLISHED BY THE AGREEMENTS SIGNED AT OSIMO , SHALL CONTINUE TO BENEFIT FROM EXEMPTION OF DUTIES PROVIDED THAT THIS ORIGINATING STATUS IS CERTIFIED ON THE MOVEMENT CERTIFICATE BY THE COMPETENT YUGOSLAV AUTHORITIES .

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 1985 , IMPORTS OF THE GOODS ORIGINATING IN YUGOSLAVIA REFERRED TO IN ANNEX I FOR WHICH THE CEILING LEVEL IS NOT SPECIFIED 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 FREE CIRCULATION AND ACCOMPANIED BY A MOVEMENT CERTIFICATE CONFORMING TO THE RULES CONTAINED IN PROTOCOL 2 TO THE AGREEMENT SHALL BE TAKEN INTO CONSIDERATION .

THEY SHALL , IF THE COMMISSION SO REQUESTS , MAKE UP IMPORT STATEMENTS FOR PERIODS OF 10 DAYS AND FORWARD THEM WITHIN FIVE CLEAR DAYS OF EXPIRY OF THE PRECEDING 10-DAY PERIOD .

ARTICLE 3

THE MEMBER STATES AND THE COMMISSION SHALL COOPERATE CLOSELY TO ENSURE THAT THIS REGULATION IS COMPLIED WITH .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1985 .

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

DONE AT BRUSSELS , 6 NOVEMBER 1984 .

FOR THE COUNCIL

THE PRESIDENT

J . O'KEEFFE