CELEX: 51977PC0425
Language: en
Date: 1977-09-08
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, originating in Cyprus (1978)#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, originating in Cyprus (1978) (submitted to the Council by the Commission)

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DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 425
Vol. 1977/0137
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                             f
                                            COM(77 ) 425 final
                                            Brussels , 8 September 1977
                               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 , originating in Cyprus ( 1978 )
                               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 , originating in Cyprus ( 1978 )
               ( submitted to the Council by the Commission )
 C0M(77 ) 425 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
1. The Agreement establishing an Association between the European
   Economic Community and the Republic of Cyprus , together with
   the Protocol laying down certain provisions relating to that
   Agreement consequent on the accession of new Member States to
   the European Economic Community and the Additional Protocol
   to this Agreement     provides for the opening of the following
   annual duty-free Community tariff quotas for products origina- ,
   ting 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
2. In order to fulfil the Community 's obligation to Cyprus in 1978 ,
   regulations shoutd be adopted opening , allocating and providing
   for the administration of these Community tariff quotas .
   This is the 'purpose of the proposals annexed hereto .
3. The regulations provide , as is the rule , for each of the quotas to
   be divided into two instalments , the first of which is allocated       ? ;
   among the Member States while the second constitute the reserve . ,
   The allocation of the first instalment is usually based on the
                %      ■
   statistics for the previous three years and the forecasts for the            .
   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 fibres falling within tariff.
                                                                            • >·£. Ο
   heading No 56.04 ami the imports of outer garments falling within            '
   tariff heading No 61.01 were insignificant . In this situation it
    seems also very difficult to draw up forecasts for 1978 .
                                                                ··· / ···
 ---pagebreak--- To allocate the quotas in question nevertheless equitably among
Member States , it appears desirable to provide for a significant
share of the quota amount for each of the Member States .
Obviously , this formula will have to be adapted subsequently
in the light of actual trade movements .
Annexes  :
2 proposals of Regulations of the Council .
 ---pagebreak---                                                               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, originating in Cyprus ( 1978)
                                                                                    Whereas it is in particular necessary to ensure for all
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
                                                                                    Community importers equal and uninterrupted access
                                                                                    to the abovementioned quota and uninterrupted
                                                                                    application of the rates laid down for that quota to
                                                                                    all imports of the products concerned into all
            Having regard to the Treaty establishing the                            Member States until the quota has been used up ;
            European Economic Community, and in particular                          whereas, having regard to the principles mentioned
            Article 113 thereof,                                                    above, rhe Community nature of the quota can be
                                                                                    respected by allocating the Community tariff quota
                                                                                    among the Member States ; whereas, in order to
                                                                                    refleot more accurately the actual development of the
            Having regard to the proposal from the Commission ,                     market in the products concerned, such allocation
                                                                                    should be in proportion to the needs of the Member
                                                                                    States, assessed by reference to both the statistics of
                                                                                    each State's imports of the said goods from Cyprus
            Whereas rhe Agreement establishing an association
                                                                                    over a representative reference period and the
            between rhe European Economic Community and the
            Republic of Cyprus ( ' ),                                               economic outlooks for the quota period concerned ;
                          the Protocol laying down certain pro­
            visions concerning that Agreement as a result of the
            accession of new Member States to the European
                                                                                    Whereas, however, during the past three years no
            Economic Community (J ), and the Additional Pro­                        such products originating in Cyprus have been
tocol to this j        provide for the opening of an annual dyty-free               imported           into the Community •
/Aareemen^^11un'ty tar'^ 1uota          100 metric tons of man-made Com-
            fibres (discontinuous or waste), carded , combed or
                                                                                    whereas no forecast can be made for 19 /8 ; whereas
            otherwise prepared for spinning, falling within
                                                                                    to ensure fair ■distribution of the two quota amounts
            heading No 56.04 of the Common Customs Tariff,                          between the Member States                each Member
            originating in Cyprus ; whereas, the tariff
                                                                                    State should make a significative contribution to the
            quota in question should therefore                                      relevant quota amount ; whereas such contributions
            be opened for 1978 ;
             (' ) OJ No L 133, 21 . 5. 1973, p. 1 .
             (') OJ No L 133, 21 . 5. 1973, p. 88.
           ( 3 ) 0J No L
 ---pagebreak---          may approximately correspond to rhe following
     v percentages :
     r
                 Bénélux                 13
                Denmark                  10
                Germany                  20
                France                   20
                Ireland                    8
                Italy                    17
                United Kingdom           12
   • Whereas, to take account of future import trends in    Whereas if,» at a given date in the quota period, *
   . the various Member States of the product under         a considerable quantity of the initial share is left '
      consideration, the total quota volume should be       over in a Member State, it is essential that each "
      divided into two instalments, the first being shared  State should return a significant proportion to rhe
 ' among the Member States and the second held as           reserve to prevent a part of the Community quota ;
 ; a reserve to cover at a later date the requirements      from remaining unused in one Member State while
 ' of those Member States having used up their initial      it could be used in others;                          1
       share ; whereas to give Member State importers some
  ■. certainty, the . first of the Community quota might be Whereas, since the Kingdom of Belgium, the King­
       fixed at 60% of the quota volume;                    dom of the Netherlands and the Grand Duchy of
                                                            Luxembourg are united in and represented by the
                                                            Benelux Economic Union, any measure concerning
 ' Whereas the initial shares of Member States may be       the administration of the quota shares allocated to
    , used up more or less quickly ; whereas, therefore, to that economic union may be carried out by any of
> avoid disruption of supplies any Member State which .     its members,
       has almost used up its initial share, must draw a
 > supplementary share from the reserve; whereas this
                                                            HAS ADOPTED THIS REGULATION :
 ■■ must be done by each Member State as each one of
, its supplementary shares is almost used up, and as
' many times as the reserve allows; whereas the initial                            Article 1
' and supplementary shares must be valid until the
       end of the quota period ; whereas this form of       From 1 January until 31 December 19 /6 , the
       administration requires close collaboration between
       the Member States and the Commission, and the         Common Customs Tariff duties in respect
 ' Commission must be in a position to follow the            of man-made fibres ( discontinuous or .
       extent to which the quota volume has been used        waste ) , carded , combed or otherwise
, up and inform the Member States thereof;                   prepared for spinning , falling within
      w:-V                           '       » ■             heading 56.04 of the Common Customs .
                                                             Tariff , originating in Cyprus shall be
                ♦ ' =• V
                                                             entirely suspended within the limits
                                                            of a Community tariff quota of
                                                             100 metric tons .
 ---pagebreak---                                                            - 3 -
                                                            3 . If after its second share 'has 'been exhausted 90%
                                                            or more of the tlhird share drawn by that Member
                                                            State has been used, it 9hall, in the manner provided
                                                            for in paragraph 1 , draw a fourth share equal to the
                                                            third .
                                                           This process shall be applied until the reserve is
                                                            exhausted .
                                                           4. Notwithstanding the provisions of paragraphs 1 ,
                                                           2 and 3 , Member States may draw smaller shares
                                                           than those "fixed in those paragraphs if there is reason
                                                           to believe that those shares might not be used up.
                                                           They shall inform rhe Commission of their reasons
                                                           for applying this paragraph.
                         Article 2                                                  Article 4
1 . The tariff quota referred to in Article 1        shall Each of the additional shares drawn pursuant to
be divided into two installments .
                                                           Article 3 shall be valid until 31 December 19 /tt .
2. A first . instalment, amounting to 60            metric
tons, shall be shared among the Member States ; the                                 Article 5
shares, which subject to Article 5 shall be valid until
31 December 19 / &^haH'be as foHows :
                                                           Member States shall return to the reserve, not later
        Benelux                   8 ' metric tons ,        than 1 October 1978^ the unused portion of their
        Denmark                   6   metric tons ,        initial ghare which, on 15 September 1973 , is in
                                                           excess of^0% of the initial amount. They may return
        Gerreany                12    metric tons,         a greater portion if there are grounds for believing
        France                  12    metric tons,         that such portion may not be used in full.
        I reland                  5   metric tons ,
                                10 ■ metric tons,          The Member States shall , not later than 1 October
        Italy
                                                           197 § notify the Commission of the total imports of
        United Kingdom            7   metric tons .        the products concerned effected under the Com­
                                                           munity quota up to 15 September 1978 inclusive
                                                           and, where appropriate, the proportion of their initial
3 . The second instalment of 4 &       metric tons shall
constitute the reserve.
                                                           shares that they are returning to the reserve.
                                                                                    Article 6
                         Article 3
1 . If 90% or more of any Member State's initial           The Commission shall keep account of the shares
Share, as laid down in Article 2 (2), or 90% of that       opened by Member States in accordance with Articles
share less the amount returned into the reserve, where     2 and 3 , and shall inform each of them of the extent
Article 5 has 'been applied, has been exhausted, that      to which the reserve has been used as soon as it
Member State shall without delay, by notifying the         receives the notifications .
Cornmissioa, draw a second share in the quota equal
te 15% of its initial share, rounded up to the next        The Commission shall, not later than 5 October 1978,
unit Where appropriate, to the extent that the amount      notify the Member States of the state of the reserve
in the reserve allows.                                     after the return of shares pursuant to Article 5 .
2. If after its initial share has been exhausted 90%       The Commission shalll ensure that any drawing which
or more of the second share drawn by a Member              uses .up the reserve is limited to the balance available
State has been used, that Member State shall, in the       and, for this purpose, shall specify tlhe amount there­
manner provided for .in (paragraph 1, draw a third         of to the Member State which makes the final
share equal to 7-5% of its initial share.                  drawing.
 ---pagebreak---                                                            4 --
                         Article 7                      k;
 1 . The Member States shall take all appropriate
 measures to ensure that when additional shares are
 drawn pursuant to Article 3 it is possible for charges
 to be made without interruption against their
 accumulated shares of the Community quota.
'2. The Member States shall ensure that importers
 of the said goods established in their territory have
 free access to the shares allocated to them.
 3. The Member States shall charge imports of the                                   Article  0
 said goods against their share as and when the goods
 are entered for home use.                                    The Member States and the Commission shall
 4. The extent to which a Member State has used up            cooperate closely in order to ensure that this
 its share shall be determined on the basis of the            Regulation is observed.
 imports charged in accordance with paragraph 3.
                         Article 8                                                  Article 10
 On receipt of a request from the Commission,
 Member States shall inform it 'of imports actually           This Regulation shall enter into force on 1 January
  charged against their shares.                               1978 k
               This Regulation shall be binding in its entirety and direcdy applicable in all Member
               States.                                                                              '
               Done at Brussels, .
                                                                               For the Council
                                                                                The President '
 ---pagebreak---               T    vv-v , r /
              ξ
                               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 ef the Common
                                                        Customs Tariff, originating in Cyprus (1978 )
                  THE COUNCIL OF THE EUROPEAN COMMUNITIES, "                              Whereas it is in particular necessary to ensure for all
                                                                                          Community importers equal and uninterrupted access
                                                                                          to the abovementioned quota and uninterrupted
                                                                                          application of the rates laid down for that quota to
                                                                                          all imports of the products concerned into all
                  Having regard to the Treaty establishing the '■'*                       Member States until the quota has been used up;
                  European Economic Community, and in particular                          whereas, having regard to the principles mentioned
                  Article 113 thereof,                                        f           above, the Community nature of the quota can be
                                                                              t
                                                                            ■t.
                                                                                          respected by allocating the Community tariff quota
                                                                            \»            among the Member States; whereas, in order to
                                                                                          reflect more accurately the actual development of the
                  Having regard to the proposal from the Commission, ^                    marker in the products concerned, such allocation
                                                                                          should be in proportion to the needs of the Member
                                                                                          States, assessed by reference to both the statistics of
                                                                                          each State's imports of the said goods from Cyprui
                  whereas the Agreement establishing an association .                     over a representative reference period and the
                  between the European Economic Community and the j                       economic outlooks for the quota period concerned;
                  Republic of Cyprus ('),                                   -i
                                the Protocol laying down certaiin pro- *
                  visions concerning that Agreement as a result of the
                  accession of new Member States to the European                          Whereas, however, during the past three years
s        . «. c!caonimk Community n, and the Additional                                  only one Member State has imported ,
rroiocoi to xni5 -n * ( provkk ror the opening of an annual duty" f ree                  and        in      an insignificant
Agreement ( 3 ) immity tariff quota of 500 metric tons of men's and             Corn-    quantity , the products in
                  boys' outer garments falling within heading No 61.01 :                 question ;
                  of the Common Customs Tariff, originating . in •;
                  Cyprus; whereas, ' u _ . _ *.
                          ' ~ ...   • the tariff quota in                                                                           whereas no 1
                  question should therefore be opened                                   forecast can be made for 197g; whereas to ensure ,
                  for 1978 ;                                                            fair distribution of the     , quota amount between \
                                                                                        the Member States                 each Member State >
                                                                                        should make a significant contribution to the relevant |
                                                                                        quota amount; whereas such contributions may $
                   (») OJ No L 133, 21 . S. 1973, p. 1.
                   <*) O} No L 133, il. J. 1973, p. 88.
                ( 3 ) OJ No                                      - :
 ---pagebreak---   approximately      correspond • to  the   following
< percentages:                           '              *
        Benelux                   12
        Denmark                     8
        Germany                   14
        France                     10
        Ireland                     8
        Italy                       8
        United Kingdom             40
Whereas, to take account of future import trends in         Whereas if, at a given date in the quota period,
the various Member States of the product under              a considerable quantity of the initial share is left
consideration, the total quota volume should be             over in a Member State, it is essential that each
divided into two instalments, the first being shared        State should return a significant proportion to the
among the Member States and the second held as              reserve to prevent a part of the Community quota
a reserve to cover at a later date the requirements         from remaining unused in one Member State while
of those Member States having used up their initial          it could be used in others;
share; whereas to give Member State importers some
certainty, the first of the Community quota might be        Whereas, since the Kingdom of Belgium, the King­
fixed at crf/o of the quota volume;                         dom of the Netherlands and the Grand Duchy of
                                                            Luxembourg are united in and represented by the
                                                            Benelux Economic Union, any measure concerning
Whereas the initial shares of Member States may be           the administration of the quota shares allocated to
 used up more or less quickly; whereas, therefore, to        that economic union may be carried out by any of
 avoid disruption of supplies any Member State which         its members,
 has almost used up its initial share, must draw a
supplementary share from the reserve; whereas this
                                                             HAS ADOPTED THIS REGULATION:
 must be done by each Member State as each one of
its supplementary shares is almost used up, and as
many times as the reserve allows ; whereas the initial                              Article 1
and supplementary shares must be valid until the
end of the quota period; whereas "this form of               From 1 January until 31 December 1978, the
administration requires close collaboration between       . Common Customs Tariff duty in respect
the Member States and the Commission, and the             ■ of men 's and boys' outer garments
Commission must be in a position to follow the
extent to which the quota volume has been used         ■] falling within heading No 61.01 of
 up and inform the Member States thereof;                 j the Common Customs Tariff / originating
                                                            in Cyprus shall be entirely suspended
                                                            within the limits of a Community
                                                            tariff quota 6f 500 metric tons .
                                                       j
 ---pagebreak---                                                                     - 3 -
                                                           3 . If after its second share 'has >been exhausted 90%
                                                           or more of the third share drawn by that Member
                                                           State has been used, it shall, in the manner provided
                                                           for in paragraph 1 , draw a fourth share equal to the
                                                            third .
                                                           This process shall be applied until the reserve is
                                                            exhausted .
                                                           4. Notwithstanding the provisions of paragraphs 1 ,
                                                           2 and 3 , Member States may draw smaller shares
                                                           than those •fixed in those paragraphs if there is reason
                                                           to believe tihat those shares might not fee used up.
                                                           They shall inform the Commission of tiheir reasons
                                                           for applying this paragraph.
                          Article 2                                                 Article 4                    <
1 . The tariff quota referred to in Article 1        shall Each of the additional! shares drawn pursuant to
be divided into two installments .
                                                           Artiok 3 shall be valid until 31 December 197&
2. A first instalment, amounting to 250 metric
tons, shall be shared among the Member States ; the                                 Article 5
shares, which subject to Article 5 shall be valid until
31 December 1978, shall be as follows :
                                                           Member States shall return to the reserve, not later
       Benelux                   30    metric tons ,       than 1 October 1978, the unused portion of their
        Denmark                  20    metric tons,        initial share which, on 15 September 19^}, is in
                                                           excess of.20% of the initial amount. They may return
       Germany                   35    metric tons,        a greater portion if there are grounds for believing
        France                   25    metric tons,        that such portion may not be used in full .
        Ireland                  20    metric tons,
                                                           The Member States shall], not later than 1 October
        Italy                    20   metric tons,         197 ^ notify the Commission of the total imports of
        United Kingdom          100    metric tons.        the products concerned effected under the Com­
                                                           munity quota up to 15 September 19~& inclusive
                                                           and, where appropriate, the proportion of their initial
3. The second instalment of 250 metric tons shall          shares that they are returning to the reserve.
constitute the reserve.                          .
                                                                                   Article 6
                          Article 3
1 . If 90% or more of any Member Jtate's initial           The Commission shall keep account of the shares
Share, as laid down in Article 2 (2), or 90% of that       opened by Member States in accordance with Articles
share less the amount returned into the reserve, where     2 and 3 , and shall inform each of them of the extent
Article 5 has 'been applied, has been exhausted, that      to which the reserve has been used as soon as it
Member State shall wirhooit delay, by notifying the        receives the notifications .
Commission, draw a second share in the quota equal s
to 15% of its initial share, rounded up to the next        The Commission shall , not later than 5 October 1978 ,
unit where appropriate, to the extent that the amount      notify the Member States of the state of the reserve
in the reserve allows .                                    after the return of shares pursuant to Article 5 .
2 . If after its initial share 'has been exhausted 90%     The Commission shatll ensure that any drawing which
or more of the second share drawn by a Member              uses up the reserve is limited to the balance available
State has been used , that Member State shatl, in the      and, for this purpose, shall specify flhc amount there­
manner provided for in paragraph 1 , draw a third          of to the Member State which makes the final
share equal to 7-5% of its initial share.                  drawing.
 ---pagebreak---                                                               - 4 -
                                      ;                          Article y                           ''
                                         1. The Member States shall take all appropriate
                                         measures to ensure chat when additional shares are
                                         drawn pursuant to Article 3 it is possible for charges
                                        to be made without interruption against their
                                         accumulated shares of the Community quota.                 ■<
                                      V                                  "   '                       ?
                                     . 2. The Member States shall ensure that importers
                                         of the said goods established in their territory have
                                     ' free access to the share allooated to them.
                                    ; 3. The Member States shall charge imports of the'
                                    ; said goods against their share as and when the goods ■
                                        are entered for home use.
                                     ' 4. The extent to which a Member State used up its
                                        share shaH be determined on the basis of the imports
                                        charged in accordance with paragraph 3.
                                                                Article g
                                        On receipt of a request from the Commission,
                                       Member States shall inform it of imports actually
                                       charged against their shares.
                         Article  a                                                           Article
                                                                                                        10
   The Member States and the Commission shall oo-                      This Regulation shall enter into force on 1 January
   operate closely in order to ensure (that this Regulation .          19^
   is observed.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.                   .                    ,     ■ ■
                Done at Brussels,
ÎT ■'                                                     ' '     ■. ,           ;* .   For the Council
[:                                                                                    ■ The Président
 ---pagebreak---  FINANCIAL               STATEMENT
 1 « Budget tine concerned : Ch . 12 Art . 120
 2 . Legal basis :     Art . 113
3 . Title of the tariff measure :
     Proposal for a Regulation ( EEC ) of the Council on the opening , allocation cind
     administration of a Community tariff quota for certain textile fibres falling
     within heading Na 56.04 of the Common Customs Tariff , originating in Cypres ( 1978 )
     Proposal for a Regulation ( EEC ) of the Council 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 Cyprès ( 1978 )
4 . Objectives :
     Fulfilment of contractual obligation - Agreement EEC / Cyprus
5 . Method of calculatio»n   :
     - No of CCT                    56.04                     61.01
     - Quota volume                 100 MT                    500 MT
     - Quota duty rate              duty-f ree                duty-free
     - Duty rate CCT                9.25%                     17%
     - Price / MT 1975 plus
       annual growth rate of 5% : 1 179 EUR                   8 545 EUR
6. Loss of receipts :
     - 56.04 : 1974-1976 no imports ;
                 0-10 900 EUR according to the use of the quota ( estimate )
     – 61.01 s 1974-1976 insignificant imports ;
                 73 000 - 726 000 EUR according to the use of the quota ( estimate )
                                                                                        t
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