CELEX: 31977R2819
Language: en
Date: 1977-11-28 00:00:00
Title: Council Regulation (EEC) No 2819/77 of 28 November 1977 opening, allocating and providing for the administration of a Community tariff quota for certain textile fibres falling within heading No 56.04 of the Common Customs Tariff, originating in Cyprus (1978)

23 . 12 . 77                               Official Journal of the European Communities                               No L 331 /27
                                            COUNCIL REGULATION ( EEC) No 2819/ 77
                                                          of 28 November 1977
              opening, allocating and providing for the administration of a Community tariff quota
              for certain textile fibres falling within heading No 56.04 of the Common Customs
                                                  Tariff, originating in Cyprus ( 1978)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                Whereas, however, during the past three years, no
                                                                         such products originating in Cyprus have been im­
                                                                         ported into the Community ; whereas no forecast can
Having regard to the Treaty establishing the Euro­                       be made for 1978 ; whereas , to ensure fair distribution
pean Economic Community , and in particular Article                      of the quota amount between the Member States,
1 13 thereof,                                                            each Member State should make a significant
                                                                         contribution to the quota amount ; whereas such
Having regard to the proposal from the Commission ,                      contributions may approximately correspond to the
                                                                         following percentages :
Whereas the Agreement establishing an association                                Benelux                   13 0/
                                                                                                               /0
between the European Economic Community and the                                  Denmark                   10 0/
                                                                                                               /o
Republic of Cyprus ( 1 ) and the Protocol laying down
certain provisions concerning that Agreement as a re­                            Germany                   20 °/
                                                                                                               /0
sult of the accession of new Member States to the
                                                                                 France                    20 0/
                                                                                                               ¡o
European Economic Community (2 ) provide for the
opening of an annual duty-free Community tariff                                  Ireland                    8 0/
                                                                                                               /0
quota of 100 tonnes of man-made fibres (discontinu­
ous or waste), carded, combed or otherwise pre­                                  Italy                     17 o/
                                                                                                               /0
pared for spinning, falling within heading No 56.04
of the Common Customs Tariff, originating in                                     United Kingdom            12 0//o ;.
Cyprus ; whereas those arrangements are maintained by
the Additional Protocol to the Association Agreement
signed on 15 September 1977 ; whereas, pending the                       Whereas, in order to take into account import trends
entry into force of that Protocol , in order to avoid                    for the products concerned in the different Member
any discontinuity, the tariff quota in question should                   States, the quota amount should be divided into two
be opened for 1978 ;                                                     instalments , the first instalment being allocated
                                                                         among the Member States and the second instalment
                                                                         forming a reserve intended to cover the subsequent
Whereas it is in particular necessary to ensure for all                  requirements of the Member States which have used
Community importers equal and uninterrupted access                       up their initial quota shares ; whereas , in order to en­
to the ibovementioned quota and uninterrupted                            sure a certain degree of security to importers in each
application of the rates laid down for that quota to                     Member State, the first instalment of the Community
all imports of the products concerned into all Mem­                      quota should be determined at a level which, under
ber States until the quota has been used up ; whereas,                   present circumstances, may be 60 % of the quota
having regard to the abovementioned principles, the                      amount ;
Community nature of the quota can be respected by
allocating the Community tariff quota among the
Member States ; whereas, in order to reflect more                        Whereas the initial shares of the Member States may
accurately the actual development of the market in                       be used up at different times ; whereas , in order to
the products concerned, such allocation should be in                     take this fact into account and avoid any break in
proportion to the needs of the Member States ,                           continuity, it is important that any Member State
assessed by reference to both the statistics of each                     having used up almost the whole of its initial share
State's imports of the said goods from Cyprus over a                     should draw an additional share from the reserve ;
representative reference period and the economic                         whereas , this must be done by each Member State as
outlook for the quota period concerned ;                                 and when each of its additional shares is almost en­
                                                                         tirely used up, and repeated as many times as the re­
                                                                         serve allows ; whereas the initial and additional shares
                                                                         must be available for use until the end of the quota
(^ OJ No L 133, 21 . 5 . 1973, p. 1 .                                    period ; whereas this method of administration calls
( 2) OJ No L 133 , 21 . 5 . 1973 , p. 88 .                               for close cooperation between Member States and the
 ---pagebreak--- No L 331 /28                      Official Journal of the European Communities                               23 . 12. 77
Commission, which must, in particular, be able to           3.     The second instalment of 40 tonnes shall consti­
observe the extent to which the quota amount is             tute the reserve .
used , and inform Member States thereof;
                                                                                      Article 3
Whereas if, at a specified date in the quota period, a
considerable balance remains in one or other Member
                                                            1.      If 90 % or more of the initial share of a Mem­
State, it is essential that that Member State pays a
large amount of it back into the reserve, in order to       ber State as laid down in Article 2 (2), or 90 % of
                                                            that share less the amount returned into the reserve
avoid a part of the tariff quota's remaining unused
in one Member State when it could be used in others ;       where the provisions of Article 5 have been applied,
                                                            has been exhausted, that Member State shall proceed
                                                            without delay, by notifying the Commission, to draw
Whereas, since the Kingdom of Belgium, the King­            a second share, equal to 15 % of its initial share,
dom of the Netherlands and the Grand Duchy of               rounded up to the next unit where appropriate, to
Luxembourg are united in and represented by the             the extent that the reserve is sufficient.
Benelux Economic Union, all transactions concerning
the administration of shares granted to the above­          2.      If, after its initial share has been exhausted,
mentioned economic union may be carried out by              90 % or more of the second share drawn by a Mem­
any of its members ,                                        ber State has been used, that Member State shall pro­
                                                            ceed, in accordance with the conditions laid down in
                                                             paragraph 1 , to draw a third share, equal to 7-5 % of
                                                             its initial share, rounded up to the next unit.
HAS ADOPTED THIS REGULATION :
                                                             3.      If, after its second share has been exhausted,
                                                             90 % or more of the third share drawn by a Member
                        Article 1
                                                            State has been used, that Member State shall proceed,
                                                             in the same way, to draw a fourth share equal to the
                                                             third .
 From 1 January to 31 December 1978 the Common
 Customs Tariff duties in respect of man-made fibres
 (discontinuous or waste), carded, combed or other­          This process shall be applied until the reserve is ex­
                                                             hausted .
wise prepared for spinning, falling within heading No
56.04 of the Common Customs Tariff, originating in
 Cyprus , shall be entirely suspended within the limits      4. Notwithstanding paragraphs 1 , 2 and 3 , a Mem­
 of a Community tariff quota of 100 tonnes .                 ber State may proceed to draw shares smaller than
                                                             those fixed in those paragraphs if there is reason to
                                                             believe that they might not be used up . They shall in­
                                                             form the Commission of the reasons which led them
                        Article 2                            to apply this paragraph.
 1.    The tariff quota referred to in Article 1 shall be
 divided into two instalments .                                                        Article 4
                                                             Each of the additional shares drawn pursuant to
 2.    A first instalment, amounting to 60 tonnes,            Article 3 shall be valid until 31 December 1978 .
 shall be shared among the Member States ; the shares,
 which subject to Article 5 shall be valid until 31 De­
 cember 1978 , shall be as follows :
                                                                                       Article 5
         Benelux                     8 tonnes ,
         Denmark                     6 tonnes ,
                                                              The Member States shall return to the reserve, not
                                                              later than 1 October 1978 , the unused portion of
         Germany                  12 tonnes ,                 their initial shares which, on 15 September 1978 , are
                                                              in excess of 20 % of the initial amounts . They may
         France                   12 tonnes ,
                                                              return greater portions if there are grounds for be­
         Ireland                     5 tonnes ,               lieving that such portions may not be used in full.
         Italy                    10 tonnes ,
                                                              The Member States shall, not later than 1 October
         United Kingdom              7 tonnes .               1978, notify the Commission of the total imports of
 ---pagebreak--- 23 . 12. 77                        Official Journal of the European Communities                          No L 331 /29
the said goods effected up to and including 15 Sep­           2. The Member States shall ensure that importers
tember 1978 and charged against the Community                 of the said goods established in their territory have
quota and, where appropriate, the proportions of              free access to the shares allocated to them .
their initial shares that are being returned to the re­
serve .
                                                              3.     The Member States shall charge imports of the
                                                              said goods against their shares as and when the goods
                                                              are entered with customs authorities for home use .
                         Article 6
The Commission shall keep an account of the shares            4.     The extent to which a Member State has used
opened by the Member States in accordance with                up its share shall be determined on the basis of the
Articles 2 and 3 and shall inform each State of the ex­       imports charged in accordance with paragraph 3 .
tent to which the reserve has been used up as soon as
it receives the notifications .
                                                                                      Article 8
The Commission shall, not later than 5 October
1978, notify the Member States of the amount in the           On receipt of a request from the Commission, Mem­
reserve after the , return of shares pursuant to Ar­          ber States shall inform it of imports actually charged
ticle 5 .
                                                              against their shares.
The Commission shall ensure that any drawing
which uses up the reserve in limited to the balance
available and for this purpose shall specify the                                      Article 9
amount thereof to the Member State which makes the
last drawing.                                                 The Member States and the Commission shall
                                                              cooperate closely in order to ensure that this Regula­
                                                              tion is observed .
                         Article 7
1.      The Member States shall take all appropriate                                 Article 10
measures to ensure that when additional shares are
drawn pursuant to Article 3 it is possible for changes
to be made without interruption against their accu­           This Regulation shall enter into force on 1 January
mulated share of the Community quota .                        1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 28 November 1977.
                                                                                    For the Council
                                                                                     The President
                                                                                      L. OUTERS