CELEX: 51980PC0081
Language: en
Date: 1980-02-28
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) 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 AND ORIGINATING IN CYPRUS (1980)#PROPOSAL FOR A COUNCIL REGULATION (EEC) OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR MEN'S AND BOYS' OUTER GARMENTS, FALLING WITHIN HEADING No 61.01 OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN CYPRUS (1980) (presented by the Commission to the Council)

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COM (80) 81
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(80)81 final
                                                       Brussels / 28th February 1980
                    PROPOSAL FOR A COUNCIL REGULATION ( EEC )
         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 AND ORIGINATING IN CYPRUS ( 1980 )
                    PROPOSAL . FOR A COUNCIL REGULATION ( EEC )
        OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF
       A COMMUNITY TARIFF QUOTA FOR MEN 'S AND BOYS' OUTER GARMENTS ,
                 FALLING WITHIN HEADING No 61.01 OF THE COMMON
               CUSTOMS TARIFF AND ORIGINATING IN CYPRUS(1980)         *
                                               /\
                                                   ■ !
                  (presented by the Commission- to the ^uncil
                                                                   i
                                                     _ v\
                                                            s* x
                                                          V> ^
                                               VN       *
                        I •
COM ( 80 ) 81 final 1   i
                     !τ
 ---pagebreak---                                    EXPLANATORY MEMORANDUM
. Jhe Agreement establishing an Association between the Eurbpean
    Economic Community and the Republic pf Cyprus , as amended by
 • the Additional Protocol and extended by the Transitional
    Protocol to' this Agreement provides for the opening of the
    following annual duty-free Community- tari ff quotas for pro - '
    ducts originating in Cyprus : ■
                       • «
    Common Customs .                   Description of goods            Annual
    Tariff heading                                                     quota
    56.04             . Man-made fibres ( discontinuous or        . > 100 metric - tons
                    .. waste ) carded , combed or . other­
                           wise prepared for spinning                  '
    61.01                 Men 's and boys' outer garments             500 metric tons
    The Comfflunity has , however , already opened Community quotas for
                            y       -    • •   .
    these products , for the period 1 January to 31 March 1980 of 25 t
    and 125 t respectively .          Therefore the quotas to be opened for
   .the rest of the year 1980'must amount to 75 t and 375 t respectively.'
  In order , to fulfil the Community 's obligation to Cyprus in 1980 ' /
  regulations should be adopted opening , allocating and providing
  for the administration , of these Community' tariff quotas .
 ---pagebreak---  The regulations provide , as is the rule, for each of the quotas
 be divided Into two instalments, the first of - which is allocated :            i *• '
                                                                                       '
 among the Member States while the . second constitute the reserve ^,; i.
            "                       ., ' '                • '• ' • ^  "■ ... " •• .f '
  The allocation of the first instalment is usually based on the.                • >•
r         •   ».     •-   . .
  statistics for the previous three years and the forecasts for the ■ i (
  quota period concerned . However , in this case , this principle cannot'
  be applied to the products in question . For , during ' the past three :
 years , these were no imports of man-made f i.bres falling within " tariff
  heading No 56.04 and the " imports 6f outer garments falling w1th1nv'' v*|
  tariff heading No 61.01 were insignificant * In this situation'* It'.'-';              .
  seems also very difficult' to 'draw tip forecasts for "19. 304'v ?.
                 %
To allocate the quotas in question nevertheless equitably among
Member States , ic appears desirable to provide for a significant
 share of the quota amount for each of the Member States .
This is the purpose of the Proposals annexed hereto t
Annexes ; 2 proposals of Regulations- of the Council ,
 ---pagebreak---                                                                                                                      ANNEX A
                                             .    Proposal for a
                                   . COUNm RltGULATlON (KIcC) '                            ...
            ' 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 and
                                                  originating in Cyprus (1980)                              •
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             the Community; whereas no forecast can be made for
                                                                     19 80 ^v'lereas t0 ensure fair distribution of the quota
                                                                     amount between the Member States each Member State
Having regard to the Treaty establishing the European                should make a significant contribution to the quota
                                                                     amount ;.     whereas      such       contributions     may
Economic Community, and in particular Article 113
thereof,                                                             approximately correspond to the following percentages :
                                                                             Bénélux                                    13 %
                                                                             Denmark                                    10 %
Having regard-to the proposal from the Commission,
                                                                             Germany                                    20
                                                                             France                                .    20 %
Whereas 1 the Agreement establishing an association                          Ireland                                 -   8 %
between the European Economic Community and the                              Italy     -                                17%
Republic of Cyprus ( 1 ), as amended by the Additional                       United Kingdom                             12 %
Protocol to that Agreement (2), provides for the opening
of an annual duty-free Community tariff quota of 100
tonnes of man-made fibres (discontinuous or waste),                  Whereas, in order to take into account import trends
carded, combed or otherwise prepared for spinning,                   for the products concerned in the various Member
falling within heading No 56.04 of the Common "                      States, the quota volume should be divided into two
Customs Tariff and originating in Cyprus; whereas                    instalments, the first being shared among the Member
                                                                     States and the second constituting a reserve to cover at a
the Community has by Regulation ( EEC )                              later date the requirements of the Member States which
                                                                     have used up their initial . quota shares; whereas, in
No ,../ 80 ( 3 ), already opened a tariff                            order to give importers in each Member State a certain
quota of 25 tonnes for the .period                             ;     degree of . security, the first instalment of the
                                                                     Community quota should, under * the present
 1 January to 31 March 1980 ; whereas , •                            circumstances, be fixed at 60% of the quota volume;
therefore , a tariff quota of 75 tonnes
                                                                     Whereas the Member States' initial shares may be used
should be opened for the period 1 April up at different times; whereas, in order to take this fact
to 31 December 1980 ;                                                into account and avoid any break in' continuity, any
                                                                     Member State which has almost used up its initial share
Whereas it is in particular necessary to ensure for all              should draw an additional share from the reserve;
Community importers equal and uninterrupted access                   whereas this must be done by each Member State as
to the abovementioned quota and uninterrupted                        and when each of its additional shares is almost used
application of the rates laid down for that quota to all             up, and repeated as many times as the reserve allows ;
imports of the products concerned into all Member                    whereas the initial and additional shares must be valid
States until the quota has been used up ; whereas, having            until the end of the quota period ; whereas this method
regard to the above principles, the Community nature                 of administration requires close cooperation between
of the quota can be respected by allocating the                      Member States and the Commission and the latter must
Community tariff quota among- the Member States; .                    be in a position to monitor the extent to which the
whereas, in order to reflect as accurately as possible the           quota volume hr.s been used up and to inform the
true trend of the market in the products in question,                Member States t iereof;             -
 such allocation should be in proportion to the '
 requirements of the Member States, calculated by j
 reference to , the statistics of imports of the goods in             Whereas if, at a given date in the quota period, a
 question from Cyprus over a representative reference                 substantial quantity remains unused in any Member
 period and also to the economic outlook for the quota             . State, it is essential that that Member State should
 period concerned ;                                        -          return a significant proportion to the reserve, to prevent
  Whereas, however, during the past three years no such
  products originating in Cyprus have, been imported into
  >                -                   •   •
                 -        r
  ( ') OJNoL 133 , 21.5. 1973 , p. 1 .
  (J) OJ No L 339, 28. 12. 1977, p. 2.                 .     ■
                                                                                                              • • •'
 ( 31 0J No L ...
 ---pagebreak---   a part of any tariff quota from remaining unused in one         draw a second share equal to 15% of its initial share,
  Member State when it could bemused in others;                   rounded up where necessary to the next unit.
  Whereas, since the Kingdom of Belgium, the Kingdom
  of the Netherlands and the Grand Duchy of                       2. If, after its initial share has been used up, 90% or
  Luxembourg are united , in and represented by the               more of the second share drawn by a Member State ha»
  Benelux Economic Union , any operation relating'to the          been used up, then that Member State' shall, in
  administration of the quota shares allocated to that            accordance with the conditions laid down in paragraph
  economic union may be carried out by any of its                  1, draw a third share equal to 7-5% of its initial share,
  members,                                                        rounded up where necessary to the next unit.
                                                                  3. If, after its second share has been used up, 90% or
                                                                  more of the third share drawn by a Member State has
  HAS ADOPTED THIS REGULATION :
                                                                  been used up, that Member State shall, in accordance
                                                                  with the conditions laid down in paragraph 1 draw a
                                                                  fourth share equal to the third.
                          Article 1
  From 1 Apri t until 31 December 1980, the Common                This process shall continue until the reserve is used up.
  Customs Tariff duties in respect of man-made fibres
  (discontinuous or waste), carded, combed or otherwise
  prepared for spinning, falling within heading No 56.04 .        4. By way of derogation from paragraphs 1 , 2 and 3 , a
  of the Common Customs Tariff and originating in                 Member State may draw shares smaller than those fixed
  Cyprus, shall be entirely suspended within the limits of        in those paragraphs if there is reason to believe that
  a Community tariff quota of 75 tonnes.                          they might not be jised up. It shall inform the
                                                                  Commission of its reasons fQr applying this paragraph.
        '           <     Article 2
                                                                                             Article 4
  1 . The tariff quota referred to in Article 1 shall be
  divided into two instalments.            -
                                                                  Each of the additional shares drawn pursuant to Article
                                                                  3 shall be valid until 31 December 19 80 .
  2. A first instalment amounting to 45 tonnes shall be
  allocated among the Member States; the shares, 'which
  subject to Article 5 shall be valid until 31 December ,
  19 80shall be as follows : .                                                               Article 5
                                                 ftonnes)
                                                                  The Member States shall return to the reserve, not later
          Bcnclux                                 5.8             than 1' October 19 8Q such unused portion of their
          Dcnmark                              . 4.5-            initial shares as, on 15 September 1980. is in excess
          Germany                                 9.0             of 20% of the initial volume. They may return a larger
          France                                  9-.0 '          quantity if there are grounds for believing that it may
                                                                  not be used.    .
          Ireland .                             . 3 *. 6  .
          Italy •                                 7-7
          United Kingdom                          5-4             The Member States shall, not later than . 1 October
                                                                  1980 notify the Commission of the total quantities of
                                                                  the products in question imported up to 15 September
  3. The second instalment of 3Qtonnes shall constitute           1980 and charged against the tariff quota, and of any
  the reserve.
                                                                  quantity of the initial shares returned to the reserve.
                          Article 3   ,                 .   1' "       '                   <
                                                                                             Article 6
■ 1 . If 90% or more of a Member State's initial share as                                                           '
  specified in Article 2 (2), or 90% of that share minus         The Commission shall keep an account of the shares
  the portion returned to the. reserve where Article 5 has        opened by the Member States pursuant to Articles 2 and
  been applied, has been used up, then, to the extent             3 and shall, as soon as it is notified, inform each
  permitted by the amount of the reserve, that Member             Member State of the extent to which the reserve has
  State shall forthwith, - by notifying the Commission,"          been used up as soon as it receives the notifications.
 ---pagebreak---                                                                                                               ANNEX A
  It shall inform the Member States, not later than                3.' The Member States shall charge imports of the
  5 October 19 80 of the amount in the reserve after               products in question against their share as and when the
  quantities have been returned thereto pursuant to                goods are entered with customs authorities for free
  Article 5 .                                                     ci rculatron .
                                                                  4. The extent to which a Member State has used up its
  The Commission shall ensure that any drawing which              share shall be determined on the basis of the imports
  exhausts the reserve docs not exceed the balance                 charged in accordance with paragraph 3 .
  available, and to this end, shall notify the amount of the
  balance to the Member State making the last drawing.                                     Article . 8
                                                                  At the request of the Commission, Member States shall
                                                                   inform it of imports actually charged against their
                           Article 7                               shares.
  1 . The Member States shall take all measures necessary                                  Article 9               ■
■ to ensure that additional shares drawn pursuant to
  Article 3 are opened in such a way that imports may be           The Member States and the Commission shall cooperate
  charged without interruption against their accumulated           closely in order - to ensure that this Regulation is
  share of the Community quota.                                    complied with.
                                                                                           Article 10
  2. The Member States shall ensure that importers of
  the products in question established in their territory          This Regulation shall enter into force on 1 April
  have free access to the shares allocated to them.                 1980 .   - ■         -     : •
                This Regulation shall be binding in its entirety and directly applicable in all Member States.
                Done at Brussels, ♦
                                                                                      For the Council
                                                                                       The President
 ---pagebreak---                                                                                                                                       ANNEX B
                                                                    Proposal for a
                                                 COUNCIL REGULATION ( EEC)
                  opening, allocating and providing for the administration of a Community tariff quota for
                  men 's and boys' outer garments, falling within heading No 61.01 of the Common Customs
                                                   Tariff and originating in Cyprus ( 19 8Q
 Y1 fH COUNCIL OF THE EUROPEAN COMMUNITIES,                                    Member State should make a significant contribution to
                                                                               the quota amount; whereas such contributions - may
                                                                               approximately correspond to the following percentages:
 -Having regard to the Treaty establishing the European
  Economic Community, and in particular Article 113                                   Bénélux         »                          7 %
  thereof,                                                                            Denmark                                    7 %
                                                                                      Germany                                  15 %
                                                                                      France                                   10 %
  Mining regard to the proposal from the Commission,                                  Ireland                                    2 %
                                                                                      Italy                                      9 %
                                                                                      United Kingdom                          50 %'
  Whereas the Agreement establishing an association
  between the European Economic Community and the
  Republic of Cyprus ( ')< as amended by the Additional                       Whereas, in order to take into account import trends
  Protocol to that Agreement ( 2), provides for the opening
                                                                               for the products concerned in the various Member
  of .\n annual duty-free Community tariff quota of 500
  tonnes of men's and boys' outer garments, falling within                    States, the quota volume should be divided into two
                                                                               instalments, the first being shared among the Member
  heading No A 1.0 1 of the Common Customs Tariff and
                                                                              States and the second fconstituting a reserve to cover at a
   originating in Cyprus;              whereas the Community                   later date the requirements of the Member States which
   has by Regulation ( EEC ) No .../ 8Q-(3 )                                  have used up their initial quota shares; whereas, in
                                                                              order to give importers in each Member State a certain
   already opened a tariff quota of 125 "                                      degree of security, the first instalment of the
                                                                               Community quota should, under present circumstances,
   tonnes for the period 1 January to                                          be fixed at 50% of the quota volume;
   31 March 1980; whereas, therefore, a
   tariff quota of 375 tonnes should be                                        Whereas the Member States' initial shares may be used
                                                                               up at different times; whereas, in order to take this fact
  opened for the period 1 April to 31                                          into account and avoid any break in continuity, any
                                                                               Member State which has almost used up its initial share
   December , 1980 ;                                                           should draw an additional share from the reserve;
                                                                               whereas this must be done by each Member State as
   Whereas it is in particular necessary to ensure for all                     and when each of its additional shares is almost used
   Community importers equal and uninterrupted access
                                                                               up, and repeated as many times as the reserve allows;
   to the abovenientioned * quota and uninterrupted                            whereas the initial and additional shares must be valid
   application of the rates laid down for' that quota to all             '
   imports of the products concerned into all Member                   ;
                                                                               until the end of the quota period; whereas this method
                                                                               of administration requires close cooperation between
- States until the quota has been used up; whereas, having                     Member States and the Commission and the latter must
    regard to the above principles, the Community nature
    of the quota can be respected by allocating the                        ■   be in a position to monitor the extent to which the
    Community tariff quota among the Member States;                      .     quota volume has been used up and to inform the
                                                                               Member States thereof;
    whereas, in order to reflect as accurately as possible the
   true trend of the market in the products in question,
   such allocation should be in proportion to the
    requirements of the Member States, calculated by
                                                                               Whereas if, at a given date in the quota period, a
    reference to the statistics of imports of the said goods                   substantial quantity remains unused in any Member
                                                                               State, it is essential that that Member State should
    from Cyprus over a representative reference period and
                                                                               return a significant proportion to the reserve, to prevent
    the economic outlook for the quota period concerned;
                                                                               a part of any tariff quota from remaining unused in one
                                                                             - Member State when it Could be used in others;
    Whereas,Jiowever, during the past three years only one
    Member State has imported, and in an insignificant
    quantity, the said goods ; whereas no forecast can be
    made for 19 SQ whereas to ensure fair distribution of
    the quota amount between the* Member States each
     ( ' ) OJ No L 1.3'3 , 21 . 5. 1973 , p. 1 .
     ( 2) OJ No L 339, 2-8 . 12. 1977, p. 2.
      ( 3 ) 0J No L ....
 ---pagebreak---                                                                                                ANNEX B
                                            - 2 -
Whereas, since the Kingdom of Belgium, the Kingdom       been used up, then that Member State shall, in
of the Netherlands and the Grand Duchy of                accordance with the conditions laid down in paragraph I ,
Luxembourg are united in and represented by the          draw a third share equal to 7-5% of its initial share,
Benelux Economic Union , any operation relating to the   rounded up where necessary to the next unit.         ,
administration of the quota shares granted to that
economic union may be carried out by any of its
members,                                                 3 . If, after its second share has been used up, 90% or
                                                         more of the third share drawn by a Member State has
                                                         been used up, that Member State shall, in accordance
                                                         with the conditions laid down in paragraph 1 , draw a
                                                         fourth share equal to the third.
HAS ADOPTED THIS REGULATION :
                                                         This process shall continue until the reserve is used up .
                          Article 1
                                                         4. By way of derogation from paragraphs L, 2 and 3 , a
From 1 Apr ! I until 31 December 198Q the Common         Member State may draw shares smaller than those fixed
Customs Tariff duty in respect of men's and boys' outer  in those -paragraphs if there is reason to believe that
garments, falling within heading No 61.01 of the         they /night not be used up! It shall inform the
Common Customs Tariff and originating in Cyprus,         Commission of its reasons for applying this paragraph.
shall be entirely suspended within the limits of a
Community tariff quota of 375 tonnes.              ' ' .
                                                                                  - Article 4
                          Article 2
                                                         Each of the additional shares drawn pursuant to Article
                                                         3 shall be valid until 31 December 19 80 .
1 . The tariff quota referred to in Article 1 shall be
divided into two instalments.
                                                                                    Article 5             >
2. A first instalment amounting to 1 88 tonnes shall be
allocated among the Member States; the shares, which -
subject to Article 5 shall be valid until 31 December    The Member States shall return to the reserve, not later
19 80 shall be as follows :                              than 1 October 19 8Q such unused portion of their
                                              (tonnes)
                                                         initial share as, on 15 September 19 80 >s in excess of
                                                         20% of the initial volume. They may return a larger
        Bénélux                                 13       quantity if there are grounds for believing that it may
        Denmark                                 13       not be used.        ■  .                 •
        Germany                                 28
        France                                  20       The Member States shall, not later than 1 October
        Ireland                                  4 •      1980, notify the- Commission of the total quantities of
        Italy                                   16       the products in question imported up to 15 September
                                                94        15 80and charged against the tariff quota, and of any
        United Kingdom                                   quantity of the initial shares returned to the reserve.
3 . The second instalment of 1 87tonnes shall constitute
the reserve. '
                                                                                    Article 6
                                                         The . Commission shall keep an account of the shares
                          Article 3
                                                         opened by the Member States pursuant to Articles 2 and
                                                         3 and shall , as 'Soon as it is notified, inform each
1 . If 90% or more of a Member State's initial share as  Member State of the extent to which the reserve has
specified in Article 2 (2), , oc 90% of that share minus been used up as soon as it receives the notifications.
the portion returned to the reserve where Article 5 has
been applied, has been used up, then to the extent-
permitted by the amount of the reserve, that Member      It shall inform the Member States, not later than
State shall forthwith, by notifying the Commission,      5 October 1980, of the amount in the reserve after
draw a second share equal to 15% of its initial share, • quantities have been .returned thereto pursuant to
                                                         Article 5 .
rounded up where necessary to the next unit.
2. If, after its initial share has been used up, 90% or  The Commission shall ensure that any drawing which
more of the second share drawn by a Member State has     exhausts the reserve does not exceed the balance
 ---pagebreak---                                                                   - 3                                               ANNEX
available, and to this end , shall notify the amount of the     4. ' The extent to which a Member State used up its
balance to the Member State making the last drawing.             share shall be determined on the basis of the imports
                                                                charged in accordance with paragraph 3.
                         Article 7                                                        Article 8
 1 . The Member States shall take all measures necessary        At the request of the Commission, Member States shall
to ensure that additional shares drawn pursuant to               inform it of imports actually charged against their
Article 3 arc opened in such a way that imports may be           shares.
charged without interruption against their accumulated
snare of the Community quota.
                                                                                       . Article 9
2. The Member States shall ensure that importers of
the products in question established in their territory         The Member States and the Commission shall cooperate
have free access to the share allocated to them.                closely to ensure that this Regulation is complied with.
3 . The Member States shall charge imports of the                                  \      Article 10
products in question against their share as and when the '               '
goods are entered with customs authorities for free             This Regulation shall enter into force on 1 April
         . „.
   circulation .
                                                            .    19 80-                 *                    -
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
                                                                                                             *
              Done at Brussels,
                                                                                    For the Council
                                                                                     The President
 ---pagebreak--- FICHE FINANCIERE                                             Data :
 1 . Ligne budgétaire concernée s Chap . 12 are . 120
2 . Base, juridique : Art . 113
3 . Intitulé de la nesure tarifaire ;              . "
     propositions de règlements' ( CEE ) du Conseil portant ouverture , répartition
  ■ et mode de gestion de contingents tarifaires communautaires de certaines
     fibres textiles et de certains vêtements de dessus , originaires de Chypre
4 . Objectif                                     •
     Exécution d' un obligation contractuelle ( Accord CEE / Chypre )»
5 . Mode de calcul :                                   ' \
     - N° du T.D.C.                . ; , 56.04 ' ♦ /              61.01
     - Volume da/ des contingent(s ) :     75 t                   375 t
 » - Droits à appliquer         ,          0 '/.                  0 %
     - Droits da T.D.C.              Î     8,5 et 10 %          - 17 %
6 . Perte de recettes :
     - 1.270.000 UCE                     *                              •   *• •
   ■ -„ Selon le niveau des importations durant les dernières années - : 700.000 JJCE ,
     - Les mêmes , mesures tarifaires étaient en application en 1979 , donc pas de
        perte de recèttes à inscrire pour 1980 .