CELEX: 51978PC0438
Language: en
Date: 1978-09-12
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 (1979)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for men's and boy's outer garments falling within heading No 61.01 of the Common Customs Tariff, originating in Cyprus (1979) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 438
Vol. 1978/0166
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
       ,                            /
                                               COM(78)438 final.
                                               Brussels , 12 September 1978
                                 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 (1979)
                                 Proposal for a
                            COUNCIL REGULATION (EEC )
         opening , allocating and providing for the administration
           of a Community tariff quota for men , s and boy 's outer
           garments falling within heading No 61.01 of the Common
                Customs Tariff, originating in Cyprus ( 1979 )
                 (submitted to the Council "by the Commission)
                         t
COM(78) 438 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              r
        to this Agreement provides for the opening of the following            /
        annual duty-free Community tariff quotas for products origina-              /
        ting in Cyprus s
                        ' *
        Common Customs                Description of goods         Annual
        Tariff heading                                             quota
                           Man-made fibres ( discontinuous or     100 metric tons
                           waste ) carded , combed or other-
                           wise prepared for spinning
                          Men 's and boys' outer garments         500 metric tons
2. In order to fulfil the Community 's obligation to Cyprus in 1979 ,
       regulations should be adopted opening , allocating and providing
       for the administration of these Community tariff quotas *
       This is the purpose of the proposals annexed hereto .
               7                                '                           ''        '
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., V '
                                                              • •    .' •        V rf
      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 »an-made fibres falling within tariVfv
        eading No 56.04 and theHmports of outer garments falling within"'®*
      tariff heading No 61.01 were insignificant. In this situation it '
      "ems also very difficult to draw up forecasts for 1979
 ---pagebreak---                          - 2 -
 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 ,
Obvicufely ,. this formula will have to be adapted subsequently
in the light of acfcuiU trade movements .
Annexes  :
2 proposals of Requtations 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, originating in Cyprus (1979)        . v
          THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        Whereas, however, fn respoct of ths past thrss years* no
                                                                          such products originating in Cyprus have been im­
                                                                          ported into the Community; whereas no forecast can
          Having regard to the Treaty establishing the Euro­              be made for 1979 ; whereas, to ensure fair distribution .
          pean Economic Community, and in particular Article              of the quota amount between the Member States,
       . 113 thereof,                                                     each Member State should make a significant
                                                                          contribution to the quota amount; whereas such
                                                                          contributions may approximately correspond to the
          Having regard to the proposal from the Commission,              following percentages :
          Whereas the Agreement establishing an association                       Bénélux             .   13 %
          between the F.uropean Economic Community and the                        Denmark    ,    .       10 %
          Republic of Cyprus ( ' ) as amended by the Additional
      ■t Protocol to that Agreement (2) provides for the opening                . Germany               v 20 %
        . of an annual duty-free Community tariff quota of 100                    France              : 20 %
          tonnes of man-made fibres (discontinuous or waste),
                                                                                  Ireland                  8 %
          carded, combed or other# ise prepared for spinjng,
          falling tithin heading N° 55.0^ of the Common Customs                   Italy                   17 %
          Tariff , originating in Cyprus ; *hereas the tariff
          quota in question should be opened for 1979 ;                           United Kingdom.         12 % ;
                                                                            Whereas , in order to take into account ,
                                                                            import trends for the products concerned
                                                                            in the various Member States , the quota
                                                                            volume should be divided into two instal­
          Whereas it is in particular necessary to ensure for all           ments , the first being shared among the
          Community importers equal and uninterrupted access                Member States and the second constituting
          to the .-.bovcmcntioncd quota and uninterrupted                   a reserve to cover at a later date the
          application of the rates laid down for that quota to              requirements of Member States which have
          all imports of the products concerned into all Mem­
          ber States until the quota has been used up ; whereas,            used up their initial quota shares ;
        ' having regard to the abovementioned principles, the               whereas , in order to give importers in each
           Community nature of the quota can be respected by                Member State a certain dtjree of security ,
           allocating the Community tariff quota among, the                 the first instalment of the Community quota
           Member States; whereas, in order to reflect as                    Should , under the present circumstances , be
           accurately as possible the true trend of the market               fixed at 60% of the quota volume ;
           in the products in question, such allocation should
           be in proportion to the requirements of the Member
           States, Calculated by reference to the statistics';
           of each State 's imports of the goods in question from
           Cyprus over a representative reference period and
            also to the economic outlook fot the quota period
            concerned :
(1 ) OJ N° 1 133, 21.5.1S73, p. 1
(2) OJ H° L 339, £.12.1977 , p. 2
 ---pagebreak---                                                               ANNEX A
Whereas the Member States'initial shares may be used up at different
times ; whereas ,, in order to take this fact into account and av^oid
any break in continuity , any Member State which has almost used up
its initial share , should draw an additional share from the reserve ;
whereas this must be done by each Member State as and when each of
its additional shares is almost used up , and repeated as- many times
as the reserve allows ; whereas the initial and additional shares
must be valid until the end of the quota period ; whereas this method
of administration requires close cooperation between the 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 Member States thereof ;
Whereas if , at a given date in the quota period , a substantital quan­
tity of an initial share remains unused in any Member State , it is
essential that that Member State should return a significant propor­
tion to the reserve , to prevent a part of any Community quota from
remaining unused in one Member State when it could be used in others ;
Whereas , since tye Kingdom of Belgium , the Kingdom of the Netherlands
and the Grand Duchy of Luxembourg are united in and represented by'
the Benelux Economic Union , any operation relating to the administra­
tion of the quota shares allocated to that economic union may be .
carried out by any of its members ,
HAS ADOPTED THIS REGULATION
 ---pagebreak---                             - 3 -                           ANNEX A
                        Article 1
From 1 January to 31 December 1879 the Common
Customs Tariff duties in respect of man-made fibres
(discontinuous or waste), carded, combed or other­
wise prepared for spinning, falling within heading No
56.04 of the Common Customs Tariff, originating in
Cyprus, shall be entirely suspended within the limits
of a Community tariff quota of 100 tonnes.
                i       Article 2                       *
                    i
1.    The tariff quota referred to in Article 1 shall be
divided into two instalments.
2. A first instalment, amounting to 60 tonnes,
shall be allocated among the Uember States ; the shares
which subject to Article 5 shall be valid until 31 De­
cember 1979, shall be as follows:
        Bénélux                    8 tonnes,
        Denmark                    6 tonnes,
        Germany                   12 tonnes,
        France                    12 tonnes,
        Ireland                    5 tonnes,
        Italy                     10 tonnes,
        United Kingdom             7 tonnes.
 3*     The second instalment of 40 tonnes shall
 constitute the reserve*
                                                          I
 ---pagebreak---                                                                                  ANNEX A
                                  Article 3
If 90% of more of a Member State 's initial share as specified in
Article 2 ( 2 ), ° r 90% of that share minus the portion returned
to the reserve where Article 5 is applied , has been used up , then
to the extent permitted by the amount of the reserve , that Member
State shall forthwith , by notifying the Commission , draw a second
share equal to 15% of its initial share , rounded up where necessary
                                           *
                         '                                          '
to the next unit .
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' shell , in accordance with the conditions laid down
in paragraph 1 , draw # third share equal to 7,5% of its initial
share , rounded up where necessary to the next unit .
                                                        »
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 same conditions draw a fourth
share equal to the third .
This process shall continue until the reserve is used up .
By way of derogation from paragraph 1 to 3 , a Member State may
draw shares smaller than those fixed in those paragraph's if
there is reason to believe that those might not be used up . It
shall inform the Commission of its reasons for applying this
paragraph .
       t               :     .    , / ■ ■           _ '     ■          _       > ■
                                    ; ; Article 4             ' ' .
            ■ ^ Each of the additional shares drawn pursuant to ; -j                   )
     \          Article 3 shall be valid until 31 December 1S7S.      . i. '       '   '
    '        ^                          Article S
           : ] The Member States shall return to the reserve, not                       '
           . i later than 1 October 1979, such unused portion of           .y .         ]
  ■             their initial share as. on 15 September 19? 9, is         .p
 !            | in excess of 20 % of the initial volume. Tney ma/        • \
 f              return a larger quantity if there are grounds for           ;>•;
                 believing that it may not be used.                         i          ■
 ---pagebreak---                                   - 5                         ANNEX A
The Member States shall , noter later than 1 October 1979, notify the
Commission of the total quantities of the products in question up to
15 September 1979 and charged against the Community quota , and of any
quantities of the initial shares returned to the reserve .
                                !       .1
                               'Article 6
The Commission shall keep an account of the shares opened by the
Member States pursuant to Articles 2 and 3 and shall , as soon as
it is notified , inform each Member State of the extent to which
the reserve has been used up .
It shall inform the Member States , not later than 5 October 1979 ,
of the amount in the reserve after quantities have been returned
pursuant to Article 5 .
The Commission shall ensure that any drawing uses up the reserve "
is limited to the balance available , and to this end shall indicate
the amount thereof to the Member State" which makes such 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 imports may be charged without interruption
        against their accumulated shares of the Community quota .         N
  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 them .
  3 . • The Member States shall charge imports of the products in question
        on their shares as and when the products are entered ;with the
         customs authorities for home use .
 ---pagebreak---                               - 6 -                       ANNEX A
4.   The extent to which a Member State has used up its share shall be
     determined on the basis of the imports charged in accordance with
     paragraph 3 .
                            Article 8
At the request of the Commission , the Member States shall inform it
of imports of the products concerned actually charged against their
shares .
                            Article 9
The Member States and the Commission shall cooperate closely in order
to ensure compliance with this Regulation .
                       \
                            Article 10
This Regulation shall enter into force on 1 January 1979 .
     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 heading No 61.01 of the Common
                                                     Customs Tariff, originating in Cyprus (1579) ,
                THE COUNCIL OF THE EUROPEAN COMMUNITIES, .
                Having regard to the Treaty establishing the Euro­
                pean Economic Community, and in particular Article
                113 thereof,
                Having regard to the proposal from the Commission,
                Whereas the Agreement establishing an association
                between the European Economic Community and the
                Republic of Cyprus (l) as amended by the idditional
                Protocol to that Agreement (2) provides for the opo-,
                ning of an annual duty-free Community tariff quota of
                500 tonnes of men 's and boy 's outer garments falling
                within heading N # 61.01 of the Common Customs Tariff*
                originating in Cyprus ; nhereas the tariff quota in
                question should be opened for 1979 !
(1 ) OJ N° L 133, 21.5.1973, p.1 .
(2) QJ N# L 338, 23.12.1977 , p. 2
 ---pagebreak---                                                                           ANNEX B
                                       '
  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
  Member States until the quota has been used up ; whereas , having
  regard to the above principles , the Community nature of the quota
  can be respected by allocating the Community tariff quota among
  the Member States .; whereas , in order to reflect as accurately as
  possible the true trend of the market in the products in question ,
  such allocation should be in proportion to the requirements of the
  Member States , calculated by reference to the statistics of each
  Member States' imports of the products in question from Cyprus over
  a representative rei^rence period and also to the economic outlook
  for the quota period concerned ;
                Whereas, in respect of the past three years only
            , one Mgmber State has imported, the products in
                question     mhersas no forcast can b9 made for
                ^9 5                 whereas, to ensure fair distribution
              . of the quota amount between the Member States
                each Member State should make a significant con­
                tribution to the quota amount; whereas such con­
                tributions may approximately correspond to the
                following percentages:
                        Bcnclux . \                7%
                        Dcnniark           1 ■    70/
                    1                                       ;V
                        Germany                   15 %
                        Francç                    11%
                       Ireland •                   2%
                       Italy                       9%
            –.         United Kingdom            49 %'• .    '•
 ---pagebreak---                                - 3 -                       ANNEX B
Whereas , in order to take into account import trends for the products
 concerned in the various Member States , the quota volume should be
divided into two instalments , the first being shared among t.he Member
States and the second constituting a reserve to cover at a Later date
the requirements of Member States which 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
Community quota should , under the present circumstances , be fixed
at 46% of the quota volume ;
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 continuity , any Member State which has almost used up
its initial share , should draw an additional share from the reserve ;
                              /
whereas this must be done by each Member State as and when each of
its additional shares is almost used up , and repeated as many times
as the reserve allows ; whereas the initial and additional shares
                                          /
must be valid until the end of the quota period ; whereas this method
of administration requires close cooperation between the 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 Member States thereof ;
Whereas if , at a given date in the quota period , a substantital quan­
tity of an initial share remains unused in any Member State , it is
essential that that Member State should return a significant propor­
tion to the reserve , to prevent a part of any Community quota from
remaining unused in one Member State when it could be used in others ;
Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands
and the Grand Duchy of Luxembourg are united in and represented by the
Benelux Economic Union , any operation relating to the administration
of the quota shares allocated to that economic union may be carried
out by any of its members ,
HAS ADOPTED THIS REGULATION
 ---pagebreak---                       - 4 -                                    ANNEX B
                       Article 1
From 1 January to 31 December              the Common
Customs Tariff duty in respect of men's and boys'
outer garments failing within heading No 61.01 of
the Common Customs Tariff, originating in Cyprus,
shall be entirely suspended within the limits of a
Community tariff quota of 500 tonnes.
                       Article 2
1.    The tariff quota referred to in Article 1 shall be
divided into two instalments.                            ( .
2.    A first instalment, amounting to 230 tonnes ,
shall be allocated anong the Member States ; the respective shares,
which subject to Article 5 shall be valid until 31 De­
cember 1978 , shall be as follows :
        Bénélux                     15 tonnes,
        Denmark                     15 tonnes,
        Germany                     35 tonnes
        France                      25 tonnes .
        Ireland                      5 tonnes ,
        Italy                       20 tonnes,
        United Kingdom            115 tonnes .
3.    The second instalment of 270 tonnes shall con­
stitute the reserve.
 ---pagebreak---                           - 5 -   ,                 ANNEX B
                        Article 3
If 90% or more of a Member State 's initial share as specified
in Article 2 ( 2 ), or 90% of that share minus the portion
returned to the reserve where Article 5 is applied , has been
used up , then to the extent permitted by the amount of the
reserve , that Member State shall forthwith , by notifying
the Commission , draw a second share equal to 15% of its
initial share , rounded up where necessary to the next unit .
If , after its initial share has been used up , 90% or more of *
                                           ι                · .
the second share drawn by a Member State has been used up ,
then that Member State shall , 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 unit .
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 para­
graph 1 , draw a fourth share equal to the third .
\                    •
This process shall continue until the reserve is used up .
By way of derogation from paragraphs 1 to 3 , a Member State
may draw shares smaller than those fixed in those paragraphs
if there is reason to believe that those might not be used up .
It shall inform the Commission of its reasons for applying
this paragraph .
 ---pagebreak---                                - 6 -                      ANNEX B
                            Article 4
                                                 ' S
Additional shares drawn pursuant to Article 3 shall be valid until
31 December 1979 .
                            Article 5
The Member States shall return to the reserve , not later than
1 October 1979 , such unused portion of their initial share as ,
on 15 September 1979 , is in excess of 20% of the initial volume .
They, may return a larger quantity if there are grounds for
believing that it may not be used .          '
The Member States shall , not later than 1 October 1979 , notify
the Commission of the total quantities of the products in question
up to 15 September 1979 and charged against the Community quota ,
and of any quantities of the initial shares returned to the reserve .
                            Article 6
The Commission shall keep an account of the shares opened by the
Member States pursuant to Articles 2 and 3 and shall , as soon as
it is notified , inform each Member State of the extent to which
the reserve has been used" up .
 It shall inform the Member States , not later than 5 October 1979 ,
of the amount in the reserve after quantities have been returned
pursuant to Article 5 .
    »              ' ,            ,                  ,         Ν
The Commission shall ensure that any drawing which uses up the reserve
 is limited to the balance available , and to this end shall indicate
 the amount thereof to the Member State which makes such last drawing .
 ---pagebreak---                                - 7 -                    ANNEX B
                             /
                            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 imports may be charged without interruption
     against their accumulated shares of the Community quota .
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 them .
3.   The Member States shall charge imports of the products in question
     on their shares as and when the products are entered with the
     customs authorities for home use .
A.   The extent to which a Member State has used up its share shall
     be determined on the basis of the imports charged in accordance
     with paragraph 3 .
                            Article 8
            ^    1
At the request of the Commission , the Member States shall inform it
of imports actually charged against their shares .
                            Article 9 ,
The Member States and the Commission shall cooperate closely in order
to ensure compliance with this Regulation .
                            Article 10                         v
This Regulation shall enter into force on 1 January 1979 .
     This Regulation shall be binding in its entirety and
     directly appli cable in all Member States .
Done at Brussels ,                               For the Council
                                                 The President