CELEX: 51981PC0484
Language: en
Date: 1981-09-11
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 subheading No 56.04 of the Common Customs Tariff and originating in Cyprus (1982)#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 subheading No 61.01 of the Common Customs Tariff and originating in Cyprus (1982) (submitted to the Council by the Commission)

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DOCUMENTS "COM"
COM (81) 484
Vol. 1981/0145
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(81)484 final
                                               Brussels , 11 September 1981
                                Proposal for a
                           COUNCIL REGULATION ( EEC )
        opening , allocating and providing for the administration
         of a Community tariff quota for certain textile fibres ,
                     falling within subheading No 56.04
     of the Common Customs Tariff and originating in Cyprus ( 1982 )
                                Proposal for a
                           COUUNCIL REGULATIN ( EEC )
        opening , allocating and providing for the administration
                                                            I
    of a Community tariff quota for men 's and boys' outer garments ,
                  falling within subheading No 61.01 of the
          Common Customs Tariff and originating in Cyprus ( 1982 )
               ( submitted to the Council by the Commission )
  C0M(81 ) 484 final
 ---pagebreak---                                -
                                EXPLANATORY MEMORANDUM
                                 ■ i –     i  - i           J
1 . Article 1 of the Protocol concerning the arrangements to be applied
                      «
during 1981 in the framework of the Decision adopted by the Association
Council on 24 November 1980 establishing the process into the second stage
of the Association Agreement between the European Economic Community and
the Republic Of Cyprus , as supplemented by the Protocol of .Adaptation to
that Agreement to take account of the accession of the Hellenic Republic ,
lays down
     «                               -
- on the one hand , that the provisions of the 1977 Additional Protocol
    shall be applicable during 1981 , and
- on the other hand, that the contracting parties shall pnter into
    negotiations early in 1981 for the purpose of establishing the
                                                  « -     „   f
    trade arrangements to be applied in 1982 and 1983 .        '
                                                              5
                                                              •51
Pending the conclusion of these negotiations and the ent^y into force
of the trade arrangements to be applied in 1982, it is important to
extend the validity of the arrangements laid down in the^abovementioned
                                                              %
                                                               I.C     -    -
Additional Protocol . This Protocol provides for the opting of the
 following annual duty-free Community tariff quotas for p|fj?ducts originating
 in Cyprus :                                                    If
 Common Customs                        Description of goods        '*•; Annual quota
Tariff heading                                          -           ) '
     56.04             Man-made fibres ( discontinuous or       TpO metric       tons
                 '      waste ) carded, combed or other-              ;■       .
                        wise prepared for spinning                   :
     61.01              Men's and boy's outer garments          525 metric tons
 In consequence , it is advisable to open the Community tariff quota
 described above for the period from 1 January to 31 December 1982 .
 2 . 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 .
                                                                       r
 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, there were
 no imports of man-made fibres falling within tariff heading No . 56.04 and -
 ---pagebreak--- 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 1982 .
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 movement
3 . This is the purpose of the Proposals annexed hereto .
4 . The tariff quotas in question are still likely'to be modified in the
light of the results of the current negotiations . Until these results
are available , the Regulations proposed will be the instrument which
will make it possible to fulfil the commitment entered into by the
Community .
The Commission thus reserves the right to amend its proposals while it
is still going through channels in order to adapt it , if necessary, to
the new arrangements .                                     i
                                                           î
                                                           &
                                                           ><
                ■                        "              •  V
                                                          'S
                                                           i, v • '
                             -                  •
                                                             i
Annexes : 2 proposals of Regulations of the Council .
 ---pagebreak---                                                                                                ANNEX A
                                                 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 ( 1982 ) -
THE COUNCIL OF THE EUROPEAN                                    Whereas the abovementioned Additional
COMMUNITIES,
                                                               Protocol provides for the opening of
                                                               an annual duty-free Community tariff
                                                               quota of 100 tonnes of man-made fibres
Having regard to the Treaty establishing the                    ( discontinuous or waste ), carded ,
European Economic Community, and in particular                 combed or otherwise prepared for
Article 1 1 3 thereof,                                -
                                                               spinning , falling within heading
                                                               No . 56.04 of the Common Customs Tariff
Having regard to the proposal from the Commission,             and originating in' Cyprus ; whereas .
                                                               the Community tariff quota should be
Whereas Article 1 of the Protocol                              opened for the period 1 January - to 31
concerning the arrangements to be .                            December 1982 ;              ;
applied 'during 1981 in the framework                          Whereas it is in particular necessary to ensure for all
of the Decision adopted by the                                  Community importers equal and' uninterrupted access
Association Council on 24 November                              to the- abovementioned quota and uninterrupted
1980 establishing the process into
                                                                application of the rates laid down for that quota to all
                                                                imports of the products concerned into all Member
the second stage of the Association                             States until the quota has been used up ; whereas,
Agreement between the European                                  having regard to the above principles, the Community
Economic Community and the Republic                              nature of the quota can be respected by allocating the v
of Cyprusd ), as supplemented by the_                            Community tariff quota among the Member States ;
Protocol ( 2 ) adapting that Agree­                             whereas, in order to reflect as accurately as possible
ment to take account of the accession the true trend of the market in the products in
of the Hellenic Republic                         lays           question, such allocation should be in proportion to
down , on the one hand , that the                               the requirements of the Member States, calculated by
                                                                reference to the statistics of imports of the goods in
provisions of the Additional Protocol                          question from Cyprus over a representative reference
to the Agreement establishing an                               period and also * to the economic outlook for the
Association between the European                               quota period concerned ;
Economic Community and the Republic
of CyprusG ) shall be applicable for                           Whereas, ^however, during the past three years no
1981 and , on the other hand , that the                        such products originating in Cyprus have been
contracting parties shall enter into                           imported into the Community; whereas no forecast
negotiations early in 1981 for the                             can be made for 1 982;whereas to ensure fair distri­
purpose of establishing the trade                              bution of the quota amount between the Member
arrangements to be applied in 1982                             States each Member State should make a significant
                                                               contribution to the quota amount; whereas such
and 1983 ; -                                                   contributions may approximately correspond to the
                                                               following percentages : .
Whereas , pending the establishment
of such arrangements, it is advisable                                  Bénélux»                               12
to extend provisionally for 1982 the                                   Denmark                                 9
period of validity of the arrangements
applicable in 1981 .                                                   Germany                               19
                                                                       Greece                                  7
                                                                       France                                19
 ( 1 ) 0J NO
                                                                       Ireland                                 7
 ( 2 ) 0J No
.( 3 ) 0J No L 339 of 28.12.1977 , p. 2 .                              Italy                                 16
                                                                       United Kingdom                        11
 ---pagebreak---                                                                                            ANNEX A
 Whereas, in order to take into account import trends      Within the limits of this tariff quota, Greece shall
  for the products concerned in the various Member         apply duties calculated in accordance with the
  States, the quota volume should be divided into two      relevant provisions in the 1979 Act of Accession and
  instalments , the first being shared among the Member    the Protocol of Adaptation.
  States and the second constituting a reserve to cover
  at a later date the requirements of the Member States
 which have used up their initial quota shares ;
 whereas, in order to give importers in each Member
                                                                                    Article 2
  State a certain degree of security, the first instalment
 of the Community quota should, under the present                             !
 circumstances, be fixed at 60 % of the quota volume ;      1.    The Community tariff quota referred to in
                                                           Article 1 shall be divided into two instalments.
 Whereas the Member States' initial shares may be
 used up at different times ; whereas, in order to take
  this fact into account and avoid any break in 2. A first instalment amounting to 60 tonnes shall
 continuity, any Member State which has almost used be allocated among the Member States ; the shares,
 up its initial share should draw an additional share which subject to Article 5 shall be valid until 31
 from the reserve ; whereas this must be done by each December 1982 shall be as follows :
 Member State as and when each of its additional
  shares is almost used up, and repeated as many times                                                 ( tonnes)
  as the     reserve allows ; whereas the initial      and          Bénélux                                 7-2
  additional shares must be valid until the end of the              Denmark                                 5-4
  quota period ; whereas this method of administration
  requires close cooperation between 'the Member                    Germany                                11-4
  States and the Commission, and the latter must be in              Greece                                  4-2
  a position to monitor the extent to which the quota               France                                 11-4
 volume has been used up and to inform the Member                   Ireland                                 4-2
  States thereof;
                                                                    Italy                                   9-6
                                                                    United Kingdom                          6-6
  Whereas if, at a given date in the quota period, a
  substantial (quantity remains unused in any Member 3 .          The second instalment of 40 . tonnes .shall
  State, it 'is essential that that Member State should constitute the reserve.
  return a significant proportion to the reserve, to
  prevent a part of any tariff quota from remaining
. unused in one Member State when it could be used in                               Article 3
  others ;
                                                           1.     If 90 % or more of a Member State's initial
                                                           share as specified in Article 2 (2), or 90 % of that
  Whereas, since the Kingdom of Belgium, the               share minus the portion returned to the reserve where
  Kingdom of the Netherlands and the Grand Duchy           Article 5 has been applied, has been used up, then, to
  of Luxembourg are united within and jointly              the extent permitted by the: amount of the reserve,
  represented by the Benelux Economic Union, any           that Member State shall forthwith, by notifying the
  operation relating' to the administration of the quota   Commission, draw a second share equal to 15 % of
  shares allocated to that economic union may be           its initial share, rounded up where necessary to the .
  carried out by any of its members,                       next unit.                                        v
                                                           2. If, after its initial share has been used up, 90 %
                                                           or more of the second share drawn by a Member
                                                           State has been used up, then that Member State shall,
  HAS ADOPTED THIS REGULATION :                            in accordance with the conditions laid down in
                                                           paragraph 1 , draw a third share equal to 7 • 5 % of its
                                                           initial share, rounded up where necessary to the next
                            Article Î                      unit.    •
   From 1 January to 31 December 1982phe Common            3. If, after its second share has been used up, 90 %
   Customs Tariff duties in respect of man-made fibres     or more of the third share drawn by a Member State
   (discontinuous or waste), carded, combed or             has been used up, that Member State shall, in
   otherwise prepared for spinning, falling within         accordance     with   the   conditions  laid     down in
   heading No 56.04 of the Common Customs Tariff           paragraph 1 draw a fourth share equal to the third.
   and originating in Cyprus, shall be entirely suspended
   within the limits of a Community tariff quota of This process shall continue until the reserve is used
   100 tonnes.                                             up-                       \       .
 ---pagebreak---                                                                                              ANNEX A
   4.    3y way of derogation from paragraphs i , 2 and                                Article 7
   ?, a meuiber State may dj-aw shares smaller than
   those fixed in those paragraphs if there is reason to      1.    The Member States shall take all measures
   bciieve that they might not be used up. It shall inform    necessary to ensure that additional lharei drawn
   the Commission of its reasons for applying this            pursuant to Artiele 3 are opened in such a way that
  paragraph.                                                  imports may be charged without interruption against
                                                              their accumulated share of the Community quota.
                           Article 4                          2.    The Member States shall ensure that importers
                                                              of the products in question established in their
                                                              territory have free access to the shares allocated to
  Each of the additional shares drawn pursuant to             them.
  Article 3 shall be valid until 31 December 1982
                                                              3. The Member States shall charge imports of the
                          Article 5
                                                              products in question against their share as and when
                                                            . the goods are entered with customs authorities for
The Member States shall return to the reserve, not            free circulation . -
later than 1 October 1982' such unused portion of
their initial shares as, on 15 September 1982 's in           4.     The extent tor which a Member State has used
excess of 20 % of the initial volume. They may return         up its share shall be determined on the basis of the
a larger quantity if there are grounds for believing          imports charged in -accordance with paragraph 3 .
that it may not be used.
                                                                                       Article 8
The Member States shall , not later than 1 October
 1 982not''V       Commission of the total quantities of      At the request of the Commission, Member States
the products in question imported up to 15 September           shall inform it of impprts actually charged against
' 982ar-d charged against the tariff quota, and of any         their shares.     •     - i;        "      .
quantity of the initial shares returned to the reserve.                                 Article 9
                                                               The Member States *and the Commission shall
                                                               cooperate closely in or^er to ensure that this Regu­
                         Article 6                             lation is complied with.
                                                                                                10
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2                                        ζ
and 3 and shall, as soon as it is notified, inform each        This Regulation shall enter into force on 1 January
Member State of the extent to which the reserve has           1982 . .                     *
been used up.
It shall inform the Member States, not later than
5 October 1982 of the amount in the reserve after
quantities have been returned thereto pursuant to
Articie 5 .
The Commission shall ensure that any drawing which
exhausts the reserve does not exceed the balance
available, and to this end, shall notify the amount of
the balance to the Member State making the last
drawing.
            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 heading4 No 61.01 of the Common Customs
                                       Tariff and originating in Cypruj ( 1982 )
THE COUNCIL OF THE EUROPEAN                                Whereas the abovementioned
COMMUNITIES,                                               Additional        Protocol provides for
                                                          the opening of an annual duty-
Having regard to the Treaty establishing the               free Community tariff quota o^?
European Economic Community, and in particular 525 tonnes of men 's and boy 's
Article 113 thereof,                                      outer garments falling within
                                                           heading No , 61.01 of the Common
                                                           Customs Tariff and originating
Having regard to the proposal from the Commission, in Cyprus ; whereas the Community
Whereas Article 1 of the Protocol
                                                           tariff quota should be opened for
                                                           the period 1 January to 31
concerning the arrangements to be
                                                           December -1982 ;
applied during 1981 in the frame­                        Whereas it is in particular necessary to ensure for all
work of the Decision adopted by the Community importers equal and uninterrupted access
Association Council on 24 November                       to the abovementioned quota and uninterrupted
1980 establishing the process into                       application of the rates laid down for that quota to all
the second stage of the Association imports of the products concerned into all Member
Agreement between the European                           States until the quota has been used up ; whereas,
Economic Community and the Republic –                    having  regard to the above principles, the Community
                                                         nature of the quota can be respected by allocating the
of Cyprus C1 ), as supplemented by the Community tariff quota among the Member States ;
Protocol ( 2 ) adapting that                            whereas, in order to reflect as accurately as possible
Agreement to take account of the                        the true trend of the market in the products in
accession of the Hellenic Republic                       question, such allocation should be in proportion to
lays down , on the one hand , that                       the requirements of thflj Member States, calculated by
the provisions of the Additional                         reference to the statistics of imports of the said goods
Protocol to the Agreement establish­ from Cyprus over a representative reference period
ing an Association between the                           and the economic oi|tlook for the quota period
European Economic Community and                          concerned   ;             f
the Republic of Cyprus(3 ) shall be
applicable for 1981 and , on the
other hand , that the contracting                       Whereas, however, over the past three years imports
parties shall enter into negoti­                         have been irregular and insignificant ; whereas no
ations early in 1981 for the                             forecast  can be made for <| <pg£ whereas to ensure fair
                                                        distribution of the quota amount between the
purpose of establishing the trade                       Member States each Member State should make a
arrangements to be applied in                           significant contribution to the quota amount; whereas
1982 and 1983 ;                                         such contributions may approximately correspond to
                                                        the following percentages :
Whereas , pending the establish­
ment of such arrangements it is                                  Bénélux                                  7
advisable to extend provisionally
                                                                 Denmark .                                7
for 1982 the period of validity of
the arrangements applicable in 1981 ;                            Germany                                15'
                                                                 Greece                                   2
                                                                 France                                 10
 ( 1 ) 0J NO
 ( 2 ) 0J No                                                     Ireland                                 2
 ( 3 ) 0J No L 339 of 28.12.1977 - p. 2 .                        Italy                                   9
                                                                United Kingdom                          48
 ---pagebreak---                                                       -2-
                                                                                           ANNEX B
Whereas, in order to take into account import trends                               Article 2
for the products concerned in the various Member
States, the quota volume should be divided into two       1 . ' The Community tariff quota referred to in
instalments, the first being scared among the Member      Article 1 shall be divided into two instalments.
States and the second constituting a reserve to cover
at a later date the requirements of the Member States     2. A first instalment amounting to 260 tonnes shalF
which have used up their initial quota shares ;           be allocated among the Member States ;, the shares,
whereas, in order to give importers in each Member        which subject to Article 5 shall be valid until
State a certain degree of security, the first instalment  31 December 1982shall be as follows :
of the Community quota should, under the present
circumstances, be fixed at 50 % of the quota volume ;                                                    (tonnes)
                                                                   Bénélux                                 18
                                                                   Denmark                                 18
Whereas the Member States' initial shares may be
used up at different times ; whereas in order to take              Germany                                 40
this fact into account and avoid any break in                      tjreece                              1   5
continuity any Member State which has almost used
up its initial share should draw an additional share               France                                  26
from the reserve ; whereas this must be done by each               Ireland                                  5
Member State as and when each of its additional
shares is almost used up, and repeated as many times               Italy                                   23
as the reserve allows ; wiiereas the initial and
additional shares must be valid until the end of the               United Kingdom                         125
quota period ; whereas this method of administration
requires close cooperation between Member States          3.     The second instalment of 265 tonnes ■ shall
and the Commission and the latter must be in a            constitute the reserve.
 position to monitor the extent to which the quota
volume has been used up and to infornrthe Member
 States thereof;                                                                   Article 3
Whereas if, at a given date in the quota period , a       1.     If 90 % or more of a Member State's initial
 substantial quantity remains unused in any Member        share as specified in Article 2 (2), or 90 % of that
 State, it is essential that that Member State should     share minus the portion returned to the reserve where
 return a significant proportion to the reserve, to       Article 5 has -been appliecj, has been used up, then to
 prevent a part of any tariff quota from remaining        the extent permitted by the amount of the reserve,
 unused in one Member State when it could be used in      that Member State shall forthwith, by notifying the
 others ;                       .                         Commission, draw a second share equal to 15 % of
                                                          its initial share, roundec^up where necessary to the
 Whereas, since the Kingdom of Belgium, the               next unit.                 ^
 Kingdom of the Netherlands and the Grand Duchy
 of Luxembourg are united within and jointly              2. If, after its initial shfcre has been used up, 90 %
 represented by the Benelux Economic Union, any           or more of the second share drawn by a Member
 operation relating to the administration of the quota    State has been used up, then that Member State shall,
 shares granted to that economic union may be carried     in accordance with the conditions laid down in
 out by any of its members,                               paragraph 1 , draw a third share equal to 7-5 % of its
                                                          initial share, rounded up where necessary to the next
                                                           unit.                                     N
 HAS ADOPTED THIS REGULATION :                             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
          t               Article 1                        accordance      with  the  conditions   laid    down   in
                                                           paragraph 1 , draw a fourth share equal to the third.
 From I January to 31 December 1982 the Common
 Customs Tariff duty in respect of men's and boys'         This process shall continue until the reserve is used.
 outer garments falling within heading No 61.01 of         U P­
 the Common Customs Tariff and originating in
  Cyprus, shall be entirely suspended within the limits   A. By way of derogation from paragraphs 1 , 2
 of a Commurfity tariff quota of 525 tonnes.               and 3, a Member State may draw shares smaller thart
                                                           those fixed in those paragraphs if there is reason to
  Within the limits of this tariff quota, Greece shall     believe that they might not be used up. It shall inform
  apply duties calculated in accordance with the           the Commission of its reasons for applying this
  relevant provisions in the 1979 Act of Accession and     paragraph.
  the Protocol of Adaptation.
 ---pagebreak---                                                           -3-
                                                                                                  ANNEX B
                           Article 4                           imports may be charged without interruption against
                                                               their accumulated share of the Community quota.
" Eacn of the additional shares drawn pursuant to
  Article 3 shall be valid until 31 December 1982 .           '2     The Member States shall ensure that importers
                                                               of the products in question established in their
                                                               territory have free access to the share allocated to
                                                               them.                                   1
                           Article 5
                                                              (3 The Member States shall charge imports of the
   The Member States shall return to the reserve, not           products in question against their share as and when
   later than i October ■] 982 such unused portion of           the goods are entered with customs authorities for
                                                                free circulation.
  their initial share as, on 15 September 1982is in
  excess of 20 % of the initial volume. They may return
  a larger quantity if there are grounds for believing ; 4.           The extent to which a Member State used up its
  that it may not be used.                                  I   share  shall be determined on the basis of the imports
                                                                charged in accordance with paragraph 3.
  The Member States shall* not later than 1 October ?
1982 notify the Commission of the total quantities of
  the products in question import ,-d up to 15 September                                Article 8
1982 and charged against the tariff quota, and of any
  quantity of the initial shares returned to the reserve.        At the request of the Commission, Member States
                                                                 shall inform it of imports actually charged against
                                                                 their shares.
                           Article 6
  The Commission shall keep an account of the shares                                    Article 9
  opened by the Member States pursuant to Articles 2
  and 3 and shall, as soon as it is notified, inform each        The Member States and : the Commission shall
  Member State of the extent to which the reserve has            cooperate closely to ensure that this Regulation is
  been used up.                                                   complied with.
  It shall inform the Member States, not later than
                                                                                        Article 10
  5 October ^ 982 of the amount in the reserve after
  quantities have been returned thereto pursuant to
 Article 5 .                                                      This Regulation shall enter Joto force on 1 January
                                                                  1982 .
 The Commission shall ensure that any drawing which
  exhausts the reserve does not exceed the balance
  available, and to this end, shall notify the amount of
  the balance to the Member State making the last
  drawing.
                           Article 7
  1.    The Member States shall take all measures
  necessary to ensure that additional shares drawn
 pursuant to Article 3 are opened in such .a way that
                  This Regulation sh^ll be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 22 December 1980.
                                                                                            For the Council
                                                                                              The President