CELEX: 31985R3395
Language: en
Date: 1985-11-18
Title: Council Regulation (EEC) No 3395/85 of 18 November 1985 establishing ceilings and Community surveillance of imports of certain textile products originating in Cyprus (1986)

No L 327 / 32                                  Official Journal of the European Communities                                     6 . 12 . 85
                                              COUNCIL REGULATION (EEC ) No 3395 / 85
                                                            of 18 November 1985
                 establishing ceilings and Community surveillance of imports of certain textile products originating
                                                               in Cyprus ( 1986 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                  the tariff measure in question therefore applies to the
                                                                            Community of Ten ;
Having regard to the Treaty establishing the European                      Whereas this objective may be achieved by means of an
Economic Community , and in particular Article 113                          administrative procedure based on charging imports of the
thereof,                                                                   products in question against the ceilings at Community
                                                                           level as and when the products are entered with customs
                                                                           authorities for free circulation ; whereas this administrative
Having regard to the proposal from the Commission ,                        procedure must make provision for the possibility of
                                                                           customs tariff duties being reintroduced as soon as the
                                                                           ceilings are reached at Community level ;
Whereas under Article 2 of Annex I to the Agreement
establishing an association between the European
Economic Community and the Republic of Cyprus 0 ), the                      Whereas this administrative procedure requires close and
arrangements applicable to trade with Cyprus , as last                      particularly rapid cooperation between Member States and
amended by Regulation ( EEC ) No 3700 / 83 ( 2 ), provide                   the Commission and the latter must in particular be able to
for 1984 the exemption of customs duties for:                               follow the progress of quantities charged against the
                                                                            ceilings and keep Member States informed ; whereas this
                                                                            cooperation has to be all the more close since the
— man-made fibres ( discontinuous or waste ), carded ,
                                                                            Commission must be able to take the appropriate measures
       combed or otherwise prepared for spinning , falling                  to reintroduce customs tariff duties if one of the ceilings is
       within heading No 56.04 of the Common Customs                        reached ,
       Tariff, and for
— men's and boys' outer garments falling within heading
       No 61.01 of the Common Customs Tariff,
                                                                            HAS ADOPTED THIS REGULATION :
Within the limits of annual ceilings respectively of 100
tonnes and 525 tonnes above which the customs duties
actually appplied to third countries may be reintroduced                                                    Article 1
until the end of the calendar year ;
                                                                             1 . From 1 January to 31 December 1986 imports into the
                                                                            Community of Ten of the products listed in the Annex and
Whereas , pending the definition of arrangements applicable                 originating in Cyprus shall be subject to annual ceilings and
beyond 31 December 1984 it is necessary to extend                           Community surveillance .
provisionally for 1986 the arrangements which the
Community applies currently to trade with Cyprus on the
basis of the abovementioned provisions ; whereas ,                          The description of the products referred to in the first
therefore , the ceilings for 1986 must be established ;                     subparagraph , their tariff headings and statistical numbers
whereas the application of ceilings requires that the                        and the ceilings shall be as set out in the Annex.
Community be regularly informed on imports of the
products in question originating in Cyprus ; whereas it is
therefore desirable that imports of these products be                        2 . Quantities shall be charged against the ceilings as and
subjected to a system of surveillance ;                                     when products are entered with customs authorities for free
                                                                             circulation and accompanied by a movement certificate in
                                                                             accordance with the rules contained in the Protocol
Whereas , in the absence of a protocol such as that provided                 concerning the definition of the concept of 'originating
 for in Articles 179 and 366 of the Act of Accession of Spain                products' and methods of administrative cooperation
and Portugal , the Community must take the measures                          annexed to the Additional Protocol to the Agreement
referred to in Articles 180 and 367 of the said Act ; whereas                establishing an association between the European
                                                                             Economic Community and Cyprus ( 3 ).
(») OJ No L 133 , 21 . 5 . 1973 , p . 2 .
 ( 2 ) OJ No L 369 , 30 . 12 . 1983 , p . 1 .                                ( 3 ) OJ No L 339 , 28 . 12 . 1977 , p . 19 .
 ---pagebreak--- 6 . 12 . 85                              Official journal of the European Communities                            No L 327 / 33
Goods may be charged against the ceiling only if the                4 . Member States shall forward to the Commission not
movement certificate is submitted before the date on which          later than the 15th day of each month statements of the
customs duties are reimposed .                                      quantities charged during the preceding month . If the
                                                                    Commission, so requests , they shall provide such
The extent to which a ceiling is used up shall be determined        statements for periods of 10 days and forward them within
at Community level on the basis of the imports charged              five clear days of the end of each 10-day period.
against it in the manner defined in the preceding
subparagraphs .
                                                                                              Article 2
Member States shall inform the Commission at the
intervals and within the time limits specified in paragraph 4       The Commission shall take all appropriate measures * in
of imports effected in accordance with the above                    close cooperation with the Member States for the purposes
procedures ,                                                        of applying this Regulation .
3 . As soon as the ceilings are reached , the Commission
may adopt a Regulation reimposing until the end of the                                        Article 3
calendar year the customs duties applicable to third
countries .                                                         This Regulation shall enter into force on 1 January 1986 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 18 November 1985 .
                                                                                         For the Council
                                                                                          The President
                                                                                         M. FISCHBACH
 ---pagebreak--- No L 327 / 34                     Official Journal of the European Communities                                 6 . 12 . 85
                                                        ANNEX
                                   List of products subject to import ceilings in 1986
               CCT                                                                                               Level
   Serial                                                                                        NIMEXE
    No        heading                                 Description                                            of ceiling
                                                                                                    code
                No                                                                                            ( tonnes )
     1           2                                        3                                          4             5
     1        56.04   Man-made fibres ( discontinuous or waste ), carded , combed or otherwise 56.04-all Nos     100
                      prepared for spinning
     2        61.01   Men's and boys' outer garments                                           61.01-all Nos     525