CELEX: 31976R3051
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3051/76 of 9 December 1976 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 (1977)

No L 350/96                           Official Journal of the European Communities                            20. 12. 76
                                      COUNCIL REGULATION (EEC) No 3051/76
                                                   of 9 December 1976
              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 ( 1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          States ; whereas Annex 1 to the Agreement provides
                                                                 that the duties applicable to che quota shall be equal
                                                                 to 30% of the Common Customs Tariff duties ;
                                                                 whereas, as regards the duties to be applied to the
                                                                 quota by the new Member States, the special pro­
Having regard to the Treaty establishing the                     visions of the Protocol and of the Aot of Accession (3)
European Economic Community, and in particular                   must be respected ; whereas to comply with the
Article 1 13 thereof,                                            special provisions of the Protocol, separate arrange­
                                                                 ments should be made for the Member States of the
                                                                 Community as originally constituted on the one
                                                                 hand, and for the new Member States on the other;
Having regard to the proposal from the Commission,
                                                                 Whereas it is in particular necessary to ensure for all
Whereas the Agreement establishing an association                Community importers equal and uninterrupted access
between the European Economic Community and the                  to the abovementioned quota and uninterrupted
Republic of Cyprus (*), hereinafter called 'the Agree­           application of the rates laid down for that quota to
ment', and the Protocol laying down certain pro­                 all imports of the products concerned into all
visions concerning that Agreement as a result of the             Member States until the quota has been used up ;
accession of new Member States to the European                   whereas, having regard to the principles mentioned
Economic Community (2), hereinafter called 'the                  above, the Community nature of the quota can be
Protocol', provide for the opening of an annual Com­             respected by allocating the Community tariff quota
munity tariff quota of 500 metric tons of men's and              among the Member States ; whereas, in order to
boys' outer garments falling within heading No 61.01             reflect more accurately the actual development of the
of the Common Customs Tariff, originating in                     market in the products concerned, such allocation
Cyprus ; whereas, however, the first stage of the                should be in proportion to the needs of the Member
Agreement ends on 30 June 1977 ; whereas the Com­                States, assessed by reference to both the statistics of
munity intends to maintain its trading relations with            each State's imports of the said goods from Cyprus
that country ; whereas the provisions governing the              over a representative reference period and the
second half of 1977 should not be less favourable               economic outlooks for the quota period concerned;
than those laid down for the first ; whereas in order
not to disrupt trading patterns for the products in
question, the tariff quota should be opened for the
whole of 1977;                                                   Whereas, however, during the past three years no
                                                                 such products originating in Cyprus have been
                                                                 imported into the Community as originally consti­
                                                                 tuted; whereas a minimal amount has been imported
Whereas, pursuant to die joint declaration on                    into only one of the new Member States ; whereas no
Article 2 of the Protocol, the tariff quota should be            forecast can be made for 1977 ; whereas to ensure
allocated among the Member States as follows :                   fair distribution of the two quota amounts between
100 metric tons for the Community as originally                  the Member States concerned each Member State
constituted and 400 metric tons for the new Member               should make a significant contribution to the relevant
                                                                 quota amount ; whereas such contributions may
H OJ No L 133, 21 . 5. 1973, p. 1 .
(2) OJ No L 133, 21 . 5. 1973, p. 88.                            (») OJ No L 73, 27. 3. 1972, p. 14.
 ---pagebreak--- 20. 12. 76                         Official Journal of the European Communities                          No L 350/97
approximately      correspond     to    the    following      that economic union may be carried out by any of
percentages :                                                 its members,
        Benelux                                19
        Germany                               28
                                                              HAS ADOPTED THIS REGULATION:
        France                                28
        Italy                                 25
                                                                                      Article 1
        Denmark                               45
        Ireland                                 3             From 1 January until 31 December 1977, a tariff
                                                              quota of 500 metric tons shall be opened within the
        United Kingdom                        52
                                                              Community in respect of men's and boys' outer
                                                              garments falling within heading No 61.01 of the
Whereas, in order to take into account import trends          Common Customs Tariff, originating in Cyprus. This
for the products concerned in the different Member            quota shall be allocated and administered in accord­
States, each of these amounts should be divided into          ance with the provisions set out below.
two instalments, the first instalments being allocated
among the Member States and the second forming
reserves intended ultimately to cover the requirements                                Article 2
of the Member States which have used up their initial
quota shares ; whereas, in order to ensure a certain          1 . The Common Customs Tariff duty shall be
degreS of security for importers in each Member               partially suspended at the rate of 5-1% in respect of
State, the first instalments of the Community quota           100 metric tons of the quota referred to in Article 1 .
should be determined at a level which, under present
circumstances, may be approximately 72 and 50% of             2. Within the limits of 400 metric tons of the quota
the quota amount respectively;                                referred to in Article 1 , the new Member States shall
                                                              apply the duties laid down in the relevant provisions
Whereas the inital shares of the Memiber States may           of the Act of Accession, the Agreement and the
                                                              Protocol .
be used up at different times ; whereas, in order to
take this fact into account and avoid any break in
continuity, it is important chat any Member State                                     Article 3
having used up almost the whole of its initial share
should draw an additional share from the relevant
reserve ; whereas, this must be done by each Member           1 . A first instalment, amounting to 72 metric tons of
State as and when each of its additional shares is            the amount specified in Article 2 ( 1 ), shall be
almost entirely used up, and repeated as many times           allocated among the Member States of the Com­
as the reserves allow; whereas the initial and                munity as originally constituted ; the shares, which
additional shares must be available for use until the         subject to Article 6 are valid until 31 December 1977,
                                                              shall be as follows :
end of the quota period ; whereas this method of
administration calls for close cooperation between                    Germany                   20 metric tons,
Member States and the Commission, which must, in
particular, be able to observe the extent to which                    Benelux                   14 metric tons,
the quota amounts are used, and inform Member                         France                    20 metric tons,
States thereof;
                                                                      Italy                     18 metric tons.
Whereas if, at a specified date in the quota period a         The second instalment of 28 metric tons shall
considerable balance remains in one or other Member           constitute the relevant reserve.
State, it is essential that that Member State pays a
large amount of it back into the reserve, in order            2. A first instalment, amounting to 200 metric tons
to avoid a part of the tariff quota's remaining unused        of the amount specified in Article 2 (2), shall be
in one Member State when it could be used in others ;         allocated among the new Member States ; the shares,
                                                              which subject to Article 6 are valid until 31 Decem­
                                                              ber 1977, shall be as follows :
Whereas, since the Kingdom of Belgium, the King­
dom of the Netherlands and the Grand Duohy of                         Denmark                   90 metric tons,
Luxembourg are united in and represented by the
                                                                      Ireland                    5 metric tons,
Benelux Economic Union, any measure concerning
the administration of the quota shares allocated to                   United Kingdom           105 metric cons.
 ---pagebreak---  No L 350/98                          Official Journal of the European Communities                            20. 12. 76
 The second instalment of . 200 metric tons shall                The Member States shall, not later than 1 October
 constitute the relevant reserve.                                1977, notify the Commission of the total imports
                                                                 of the said goods effected up to and including
                                                                 15 September 1977 and charged against the Com­
                                                                 munity quota and, where appropriate, the proportion
                           Article 4                             of their initial share that is being returned to the
                                                                 relevant reserve.
 1 . If 90% or more of the initial share of a Member
 State laid down in Article 3 , or 90% of thait sihare less                              Article 7
 the amount returned into the relevant reserve where
the provisions of Article 6 have been applied, has
 been exhausted, that Member State shall proceed                 The Commission shall keep an account of the shares
 without delay, by notifying the Commission, to draw             opened by the Member .States in accordance with
a second share, equal to 15% of its initial share,               Articles 3 and 4 and shall inform eaoh State of the
 rounded up to the next unit where appropriate, to               extent to which the reserves have been used up as
 the extent that the relevant reserve is sufficient.             soon as it receives the notifications.
 2. If, after its initial share has been exhausted, 90%          The Commission shall, not later than 5 October
 or more of the second share drawn by a Member                   1977, notify the Member States of the amounts in
State has been used, that Member State shall proceed,            the reserves after the return of shares pursuant to
in accordance with the conditions laid down in para-;            Article 6.
graph 1 , to draw a third share, equal to 7-5% of its
 initial share, rounded up to the next unit.
                                                                 The Commission shall ensure that any drawing
                                                                 which uses up one or the other reserve is limited to
3 . If, after its second share has been exhausted, 90%           the balance available and, for this purpose, shall spe­
or more of the third share drawn by a Member State               cify the amount thereof to the Member State which
has been used, that Member State shall proceed, in               makes the last drawing.
 the same way, to draw a fourth share equal to the
third.
                                                                                         Article 8
This process shall be applied until the relevant reserve
 is exhausted.
                                                                 1 . The Member States shall take all appropriate
                                                                 measures to ensure that when additional shares are
4. Notwithstanding paragraphs 1 , 2 and 3, a Member              drawn pursuant to Article 4 it is possible for charges
State may proceed to draw shares smaller than those             to be made without interruption against their
fixed in those paragraphs if there is reason ito believe         accumulated shares of the Community quota.
that they might not be used up. They shall inform
the Commission of the reasons which led them to
 apply this paragraph.                                           2. The Member States shall ensure that importers
                                                                 of the said goods established in their territory have
                                                                 free access to the share allocated to them .
                          Article 5
                                                                 3 . The Member States shall charge imports of the
                                                                 said goods against their share as and when the goods
Each of the additional shares drawn pursuant to                  are entered for home use.
Article 4 shall be valid until 31 December 1977.
                                                                 4. The extent to which a Member State used up its
                                                                 share shall be determined on the basis of the imports
                          Article 6
                                                                 charged in ' accordance with paragraph 3 .
The Member States shall return to the reserve, not                                       Article 9
later than 1 October 1977, the unused portion of
their initial share which, on 15 September 1977, is in
excess of 20% of the initial amount. They may return            On receipt of a request from the Commission,
a greater portion if there fare grounds for believing           Member States shall inform it of imports actually
that such portion may not be used in full.                      charged against their shares.
 ---pagebreak--- 20. 12. 76                         Official Journal of the European Communities                       No L 350/99
                      Article 10                                                     Article 11
The Member States and the Commission shall co­                This Regulation shall enter into force on 1 January
operate closely in order to ensure that this Regulation       1977.
is observed.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 9 December 1976.
                                                                             For the Council
                                                                               The President
                                                                             P. J. J. MERTENS