CELEX: 31977R2820
Language: en
Date: 1977-11-28 00:00:00
Title: Council Regulation (EEC) No 2820/77 of 28 November 1977 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, originating in Cyprus (1978)

No L 331 /30                               Official Journal of the European Communities                              23 . 12 . 77
                                           COUNCIL REGULATION (EEC) No 2820/77
                                                        of 28 November 1977
              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, originating in Cyprus ( 1978)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              Whereas, however, during the past three years only
                                                                      one Member State has imported, and in an insignifi­
                                                                      cant quantity, the said goods ; 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,
113 thereof,                                                          each Member State should make a significant con­
                                                                      tribution to the quota amount ; whereas such con­
Having regard to the proposal from the Commission,                    tributions may approximately correspond to the
                                                                      following percentages :
                                                                               Benelux                     7 %
Whereas the Agreement establishing an association
between the European Economic Community and the                                Denmark                   13 %
Republic of Cyprus ( 1) and the Protocol laying down
certain provisions concerning that Agreement as a re­                          Germany                   15 %
sult of the accession of new Member States to the
                                                                               France                    11 %
European Economic Community (2) provide for the
opening of an annual duty-free Community tariff                                 Ireland                    2 %
quota of 500 tonnes of men's and boys' outer gar­
                                                                                Italy                      9 %
ments falling within heading No 61.01 of the Com­
mon Customs Tariff, originating in Cyprus ; whereas                             United Kingdom           43 %
those arrangements are maintained by the Additional
Protocol to the Association Agreement signed on 15
September 1977; whereas pending the entry into                        Whereas, in order to take into account import trends
 force of that Protocol, in order to avoid any discon­                 for the products concerned in the different Member
 tinuity, the tariff quota in question should be opened                States, the quota amount should be divided into two
 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 abovementioned quota and uninterrupted                         sure a certain degree of security for 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 46 % of the quota
 having regard to the principles mentioned above, 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 as accu­
                                                                       Whereas the initial shares of the Member States may
 rately as possible the actual development of the mar­                  be used up at different times; whereas, in order to
 ket in the products concerned, such allocation should                  take this fact into account and avoid any break in
 be 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
 State's imports of the said goods from Cyprus over a
                                                                        having used up almost the whole of its initial share
                                                                        should draw an additional share from the reserve;
 representative reference period and the economic out­
                                                                        whereas, this must be done by each Member State as
  look 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
  (*) OJ No L 133 , 21 . 5 . 1973 , p. 1 .                              must be available for use until the end of the quota
  (2) OJ No L 133 , 21 . 5 . 1973 , p. 88 .                             period ; whereas this method of administration calls
 ---pagebreak--- 23 . 12 . 77                          Official Journal of the European Communities                               No L 331 /31
for close cooperation between Member States and the                                            Article 3
Commission, which must, in particular be able to ob­
serve the extent to which the quota amount is used,
and inform Member States thereof;                                1.      If 90 % or more of the initial share of a Mem­
                                                                 ber State as laid down in Article 2 (2), or 90 % of
                                                                 that share less the amount returned into the reserve
Whereas if, at a specified date in the quota period, a           where the provisions of Article 5 have been applied,
considerable balance remains in one or other Mem­
                                                                 has been exhausted, that Member State shall proceed
ber State, it is essential that that Member State return         without delay, by notifying the Commission, to draw
a large amount of it to the reserve, in order to pre­            a second share, equal to 15 % of inital share, round­
vent a part of the tariff quota from remaining unused            ed up to the next unit where appropriate, to the ex­
in one Member State when it could be used in others ;            tent that the reserve is sufficient.
Whereas, since the Kingdom of Belgium, the King­
dom of the Netherlands and the Grand Duchy of                    2.      If, after its initial share has been exhausted, 90 %
Luxembourg are united in and represented by the                  or more of the second share drawn by a Member
Benelux Economic Union, all transactions concerning              State has been used, that Member State shall pro­
                                                                 ceed, in accordance with the conditions laid down in
the administration of shares granted to the above­
mentioned economic union may be carried out by
                                                                 paragraph 1 , to draw a third share, equal to 7-5 % of
                                                                 its initial share, rounded up to the next unit.
any of its members,
                                                                 3 . If, after its second share has been exhausted,
                                                                 90 % or more of the third share drawn by a Member
HAS ADOPTED THIS REGULATION :
                                                                 State has been used, that Member State shall proceed,
                                                                 in the same way, to draw a fourth share equal to the
                                                                 third .
                          Article 1
From 1 January to 31 December 1978 the Common                    This process shall be applied until the reserve is ex­
                                                                 hausted .
Customs Tariff duty in respect of men's and boys'
outer garments falling within heading No 61.01 of
the Common Customs Tariff, originating in Cyprus,                4. Notwithstanding paragraphs 1 , 2 and 3 , a Mem­
shall be entirely suspended within the limits of a               ber State may proceed to draw shares smaller than
Community tariff quota of 500 tonnes.                            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
2.     A first instalment, amounting to 230 tonnes,              Each of the additional shares drawn pursuant to
shall be shared among the Member States ; the shares,            Article 3 shall be valid until 31 December 1978 .
which subject to Article 5 shall be valid until 31 De­
cember 1978 , shall be as follows :
          Benelux                    15 tonnes ,                                               Article 5
          Denmark                    30 tonnes,
          Germany                    35 tonnes                   The Member States shall return to the reserve, not
                                                                 later than 1 October 1978 , the unused portions of
          France                     25 tonnes·                  their initial shares which, on 15 September 1978 , is in
                                                                 excess of 20 % of the initial amount. They may return
          Ireland                     5 tonnes,                  a greater portion if there are grounds for believing
          Italy                      20 tonnes,                  that such portion may not be used in full.
          United Kingdom            100 tonnes .
                                                                 The Member States shall, not later than 1 October
                                                                 1978 , notify the Commission of the total imports of
3.     The second instalment of 270 tonnes shall con­            the said goods effected up to and including 15 Sep­
stitute the reserve .                                            tember 1978 and charged against the Community
 ---pagebreak--- No L 331 /32                        Official Journal of the European Communities                             23 . 12 . 77
quota and, where appropriate, the proportion of their          2.    The Member States shall ensure that importers
initial share that is being returned to the reserve.           of the said goods established in their territory have
                                                               free access to the shares allocated to them .
                         Article 6
                                                               3 . The Member States shall charge imports of the
                                                               said goods against their shares as and when the goods
The Commission shall keep an account of the shares             are entered with customs authorities for home use.
opened by the Member States in accordance with
Articles 2 and 3 shall inform each state of the extent
                                                               4.    The extent to which a Member State used up its
to, which the reserve has been used up as soon as it           share shall be determined on the basis of the imports
receives the notifications .
                                                               charged in accordance with paragraph 3 .
The Commission shall, not later than 5 October
1978 , notify the Member States of the amount in the                                   Article 8
reserve after the return of shares pursuant to Ar­
ticle 5 .                                                      On receipt of a request from the Commission, Mem­
                                                               ber States shall inform it of imports actually charged
The Commission shall ensure that any drawing                   against their shares .
which uses up the reserve is limited to the balance
available and for this purpose shall specify the
amount thereof to the Member State which makes                                         Article 9
the last drawing.
                                                               The Member States and the Commission shall cooper­
                                                               ate closely in order to ensure that this Regulation is
                         Article 7                             observed .
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