CELEX: 51979PC0478
Language: en
Date: 1979-09-07
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) (submitted to the Council by the Commission)

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DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 478
Vol. 1979/0165
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                      n
                                     6:      COM(79)478 final
                                    i _
                                             Brussels , 7 September 1979
                                                          ' *• V
                           Proposal for d
                      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)
           ( submitted to the Council by the Commission)
  COM(79) 478 final
 ---pagebreak---                      EXPLANATORY MEMORANDUM                                        1
                                                                                           <1
                                                                                        '■   4
                                                                                     .      ?
                                                                       ν
                                                                                   ".V-'K
The Agreement establishing an Association between the European      • :    Υ -.'
                                                                                           . i
                                                                                 1' 1 '• *.14
                                                                                  y '*j
Economic Community and the Republic of Cyprus , together with V
                                                                                   ■Λ
the Protocol laying down certain provisions relating to that .                     '        7·
Agreement consequent on the accession of new Member States to ;                   , , À
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 :                                    -             v
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
                                                                    λ· .- λ Π         •    : -a
                                                                                - \i
61.01             Men 's and boys' outer garments          500 metric tons ?
                                                                                     , -M
                                                                    -   - ' J.-
 In order to fulfil the Community 's obligation to Cyprus in 1980 >
 regulations should be adopted opening , allocating and providing
                                                                           m
 for the administration , of these Community tariff quotas *
 The approval of these Regulations depends , however , on the entry
  into force of a Transitional Protocol on J January J 980 ( to be
 annexed to the Association Agreement EEC (Cyprus ) ,
 This Protocol ought to be negotiated before the end of this year .
  in order to extend the first stage of the abovementioned Agreement
 once more ,
  Pending the outcome of the negoci at ions ,         it is already
  Necessary , for technical reasons , to submit proposals
  allowing the Community , and Cyprus to maintain commercial
  relations .   In order not to disturb t he , cnmme.r c i a I flow
  of the goods in question the tariff quotas should be _
  opened on 1 January 1980 . In this case the first " whereas "*
  clause of each Regulation ought to be dapated consequently .
 ---pagebreak---       The regulations provide , as is the rule , for each of the quotas to • » |
      be divided into two instalments / the first of which is allocated :
 j among the Member States while the . second constitute the reserve **,
 \                         -             ■ ■         ■'                   1                "s v1
          •           .                :       f '                      '                rf-'S
 f          '• ' '           .                    '            ■"                   y   . ; •;}
   .i The allocation
                •   » .
                        of     the   first   instalment     is  usually based on the.         i|
                                                                                         .\ v.3
 I statistics
        ,
                   for the previous three years         1
                                                             and the forecasts for1 the
                                                                                      .
                                                                                           T*
f
 ; 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 fi.bres falling within tar
f heading No 56*04 and the 'imports 6f outer garments falling within'? ?Jj
/ tariff heading No 61.01 . were insignificant * In this sltuation'ilv^I
^ seems also very difficult to draw up forecasts for "19
     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 .
     This is the purpose of the Proposals annexed hereto f
     Annexes ; 2 proposals of Regulations- of the Council ,
 ---pagebreak---                                                                                                 ANNEX A
                                                ? rep08fil ter ê .
                                         COUNCIL REGULATION (EEC) No ... / 7 9
                                                    of
              opening, allocating and providing for the administration of a Community tariff qaota for
              certain textile fibres, falling within heading No 56.04 of the Common Customs Tariff and
                                                 originating in Cyprus ( 19 80)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           the Community; whereas no forecast can be made for
                                                                   1980 ; whereas to 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
Economic Community, and in particular Article 113                  amount;       whereas     such      contributions     may
thereof,                                                           approximately correspond to the following percentages:
                                                                           Bénélux                                 13 /o
                                                                           Denmark                     v         - 10 %
Having regard to the proposal from the Commission,
                                                                           Germany                                 20 /o
                                                                           France                                  20 /o
Whereas the Agreement establishing an association                          Ireland                                   8 %
between the European Economic Community and the                            Italy                                   17 %
Republic of Cyprus ( '), 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 the             instalments, the first being shared among the Member
tariff quota in question should be opened for 1980 J               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
Whereas it is in particular necessary to ensure for all            order to give importers in each Member State a certain
 Community importers equal and uninterrupted access                degree of security, the. first instalment of the
 to the abovementioned quota and uninterrupted                     Community quota should, under the present
application of the rates laid down for that quota to all           circumstances, be fixed at 60% of the quota volume;
imports of the products concerned into all Member
States until the quota has been used up; whereas, having           Whereas the Member States' initial shares may be used
regard to the above principles, the Community nature               up at different times ; whereas, in order to take this fact
of the quota can be respected by allocating the                    into .account and avoid any break in continuity, any
Community tariff quota among the Member States;                    Member State which has almost used up its initial share
whereas, in order to reflect as accurately as possible the         should draw an additional share from the reserve ;
true trend of the market in the products in question,              whereas this must be done by each Member State as
such allocation should be in proportion to the                     and when each of its additional shares is almost used
requirements of the Member States, calculated by                   up, and repeated as many times as the reserve allows;
reference to the statistics of imports of the goods in             whereas the initial and additional shares must be valid
question from Cyprus over a representative reference               until the end of the quota period; whereas this method
period and also to the economic outlook for the quota              of administration requires close cooperation between
period concerned ;                                                 Member States and the Commission and the latter must
                                                                   be in a position to monitor the extent to which the
                                                                   quota volume has been used up and to inform the
Whereas, however, during the past three years no such              Member States thereof;
products originating in Cyprus have been imported into
                                                                   Whereas if, at a given date in the quota period, a
                                                                   substantial quantity remains unused in any Member
( ' ) OJ No L 133 , 21 . 5. 1973, p. 1 .                           State, it is essential that that Member State should
 (J) OJ No L 339, 28. 12. 1977, p. 2.                              return a significant proportion to the reserve, to prevent
 ---pagebreak---                                                                  - 2 -                                         ANNEX A
 a part of any tariff quota from remaining unused in on*  draw a aeeond share equal to 15% of In Initial «her«,
 Member State when it could be used 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 has
 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
HAS ADOPTED THIS REGULATION :
                                                          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.
                          Article 1
From 1 January until 31 December 1980 jhe 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 100 tonnes.                   they might not be used up. It shall inform the
                                                          Commission of its reasons for 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 1980 .
2 . A first instalment amounting to 60 tonnes shall be
allocated among the Member States; the shares, which
subject to Article 5 shall be valid until 31 December
1 $50 , shall be as follows:                                                        Article 5
                                              ( tonnes)   The Member States shall return to the reserve, not later
          Bénélux                                 8       than 1 October 12$0,'such unused portion of their
          Denmark                                6        initial shares as, on 15 September 1980 ,'s 'n excess
          Germany                               12        of 20% of the initial volume. They may return a larger
          France                                12
                                                          quantity if there are grounds for believing that it may
                                                          not be used.
          Ireland                                5
          Italy                                 10
          United Kingdom                         7        The Member States shall, not later than 1 October
                                                          1980 ftotify the Commission of the total quantities of
                                                          the products in question imported up to 15 September
3 . The second instalment of 40 tonnes shall constitute   19 80 and charged against the tariff quota, and of any
the reserve .
                                                          quantity of the initial shares returned to the reserve.
                          Article 3
                                                                                    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---                                                    - 3 -                                           ANNEX A
It shall inform the Member States, not later than               J. The Member Stat* shall charge import! of thti
5 October 1980 , 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 home
Article 5 .                                                      use.
                                                                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 does 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 January
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---                                                                                                                               ΑΙΓί,ΈΧ Β
                                                       PfUjjaMl frt * *
                                            COUNCIL REGULATION (EEC) No . . . /.7 9
                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 80 )
THE 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                                   11%
Having regard to the proposal from the Commission,                           Ireland                                   2 %
                                                                              Italy                                    9 % i
Whereas the Agreement establishing an association                            United Kingdom                          49 %
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 an 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 61.01 of the Common Customs Tariff and
                                                                      States and the second constituting a reserve to cover at a
originating in Cyprus ; whereas the tariff quota in                  later date the requirements of the Member States which
question should be opened for 19 80 ;                                have used up their initial quota shares; whereas, in
                                                                     order to give importers in each Member State a certain
                                                                      degree of security, the first instalment of the
Whereas it is in particular necessary to ensure for all              Community quota should, under present circumstances,
Community importers equal and uninterrupted access                    be fixed at 46% of the quota volume;
to the above-mentioned quota and uninterrupted
application ot the rates laid down for that quota to all
imports 'of the products concerned into all Member                   Whereas the Member States' initial shares may be used
States until the quota has been used up ; whereas, having             up at different times; whereas, in order to take this fact
regard to the above principles, the Community nature                  into account and avoid any break in continuity, any
of the quota can be respected by allocating the                      Member State which has almost used up its initial share
Community tariff quota among the Member States;                       should draw an additional share from the reserve;
whereas, in order to reflect as accurately as possible the            whereas this must be done by each Member State as
true trend of the market in the products in question,                 and when each of its additional shares is almost used
such allocation should be in proportion to the                        up, and repeated as many times as the reserve allows;
requirements of the Member States, calculated by                      whereas the initial and additional shares must be valid
reference to the statistics of imports of the said goods              until the end of the quota period; whereas this method
from Cyprus over a representative reference period and                of administration requires close cooperation between
the economic outlook for the quota period concerned;                  Member States and the Commission and the latter must
                                                                      be in a position to monitor the extent to which the
Whereas , however, during the past three years only one
                                                                      quota volume has been used up and to inform the
                                                                      Member States thereof;
Member State has imported, and in an insignificant
quantity , the said goods ; whereas no forecast can be
made for 19g0 ; whereas to ensure fair distribution of                Whereas if, at a given date in the quota period, a
the quota amount between the Member States each
                                                                      substantial quantity remains unused in any Member
                                                                      State, it is essential that that Member State should
                                                                      return a significant proportion to the reserve, to prevent
 ( ' ) OJ No L 133 , 21 . 5 . 1973 , p. 1 .                           a part of any tariff quota from remaining unused in one
 (2 ) OJ No L 339, 28 . 12. 1977, p. 2.                               Member State when it could be used in others;
 ---pagebreak---                                                     - 2 -                                         AlTlvEX 2
Whereas, since the Kingdom of Belgium , the Kingdom       been used hjS then that Member State shall , in
of the Nttheriantl* and ths Grand Dudiy of                accordance with the conditiun« laid down In paragraph 1,
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 1 , 2 and 3 , a
From 1 January until 31 December lS80,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 might 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 500 tonnes.
                                                                                   Article 4
                           Article 2
                                                          Each of the additional shares drawn pursuant to Article
                                                          3 shall be valid until 31 December 1980 •
1 . The tariff quota re/erred to in Article 1 shall be
divided into two instalments.
                                                                                   Article 5
2. A first instalment amounting to 230 tonnes shall be
allocated among the Member States; the shares, which
                                                          The Member States shall return to the reserve, not later
subject to Article 5 shall be valid until 31 December
19 80 shall be as follows:                                than 1 October 19&0,such unused portion of their
                                               (tonnes)
                                                          initial share as, on 15 September 19 80 js in excess of
                                                          20% of the initial volume. They may return a larger
        Bénélux                                  15       quantity if there are grounds for believing that it may
        Denmark                                  15       not be used.
        Germany                                 35
        France                                  25        The Member States shall, not later than 1 October
        Ireland                                   5        1980 /lotify the Commission of the total quantities of
        Italy                                   20        the products in question imported up to 15 September
                                                           19 80 ind charged against the tariff quota, and of any
        United Kingdom                         115        quantity of the initial shares returned to the reserve.
3 . The second instalment of 270 tonnes shall constitute
the reserve.
                                                                                   Afticle 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), or 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, aiter 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 -                                         Ai;;;zx B
available, and to this end, shall notify the amount of the       4 . The extent to which a Member State used up leg
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 are opened in such a way that imports may be           shares.
charged without interruption against their accumulated
share 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 home              This Regulation shall enter into force on 1 January
use .                                                            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