Council Regulation (EEC) No 2852/78 of 23 November 1978 establishing ceilings and Community supervision for imports of certain products originating in Algeria, Morocco and Tunisia (1979)
Official Journal L 343 , 08/12/1978 P. 0014 - 0021
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COUNCIL REGULATION ( EEC ) NO 2852/78
OF 23 NOVEMBER 1978
ESTABLISHING CEILINGS AND COMMUNITY SUPERVISION FOR IMPORTS OF CERTAIN PRODUCTS ORIGINATING IN ALGERIA , MOROCCO AND TUNISIA ( 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 THE COOPERATION AGREEMENTS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY OF THE ONE PART AND THE PEOPLE'S DEMOCRATIC REPUBLIC OF ALGERIA , THE KINGDOM OF MOROCCO AND THE REPUBLIC OF TUNISIA OF THE OTHER PART EACH STIPULATE IN ARTICLE 9 THAT PRODUCTS ORIGINATING IN THESE COUNTRIES SHALL BE IMPORTED INTO THE COMMUNITY FREE OF CUSTOMS DUTIES ; WHEREAS , BY WAY OF DEROGATION THEREFROM , ARTICLE 12 OF EACH OF THESE AGREEMENTS PROVIDES THAT THE REDUCTION OF DUTIES SHALL APPLY TO IMPORTS OF THE PRODUCTS LISTED THEREIN ONLY UP TO CEILINGS ABOVE WHICH THE CUSTOMS DUTIES APPLICABLE TO THIRD COUNTRIES MAY BE REIMPOSED ; WHEREAS THE CEILINGS TO BE APPLIED IN 1979 SHOULD THEREFORE BE DETERMINED ;
WHEREAS THE APPLICATION OF CEILINGS REQUIRES THE COMMUNITY TO BE REGULARLY INFORMED OF THE TREND OF IMPORTS OF THE RELEVANT PRODUCTS ORIGINATING IN THESE COUNTRIES ; WHEREAS IMPORTS SHOULD THEREFORE BE MADE SUBJECT TO A SYSTEM OF 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 HOME USE ; WHEREAS THIS ADMINISTRATIVE PROCEDURE MUST MAKE PROVISION FOR THE POSSIBILITY OF CUSTOMS TARIFF DUTIES BEING REINTRODUCED AS SOON AS THE CEILINGS ARE REACHED AT COMMUNITY LEVEL ;
WHEREAS THIS ADMINISTRATIVE PROCEDURE REQUIRES CLOSE AND PARTICULARLY RAPID COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION AND THE LATTER MUST IN PARTICULAR BE ABLE TO FOLLOW THE PROGRESS OF QUANTITIES CHARGED AGAINST THE CEILINGS AND KEEP THE MEMBER STATES INFORMED ; WHEREAS THIS COOPERATION HAS TO BE PARTICULARLY CLOSE SINCE THE COMMISSION MUST BE ABLE TO TAKE THE APPROPRIATE MEASURES TO REINTRODUCE CUSTOMS TARIFF DUTIES IF ONE OF THE CEILINGS IS REACHED ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . FROM 1 JANUARY UNTIL 31 DECEMBER 1979 , IMPORTS OF THE PRODUCTS ORIGINATING IN ALGERIA , MOROCCO AND TUNISIA WHICH ARE LISTED IN ANNEXES I , II AND III SHALL BE SUBJECT TO ANNUAL CEILINGS AND COMMUNITY SUPERVISION .
THE DESCRIPTION OF THE PRODUCTS REFERRED TO IN THE FIRST SUBPARAGRAPH , THEIR TARIFF HEADINGS AND STATISTICAL NUMBERS AND THE LEVELS OF THE CEILINGS ARE GIVEN IN ANNEXES I , II AND III .
2 . QUANTITIES SHALL BE CHARGED AGAINST THE CEILINGS AS AND WHEN PRODUCTS ARE ENTERED WITH CUSTOMS AUTHORITIES