CELEX: 51982PC0657
Language: en
Date: 1982-10-19
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 (1983)#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 ard originating in Cyprus (1983) (submitted to the Council by the Commission)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                  COM(82)657 final
                                  Brussels , 19 October 1982
                              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 ( 1983 )
                              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 ard originating in Cyprus ( 1983 )
              ( submitted to the Council by the Commission )
 ---pagebreak---                                                                 t' Sï
                                  EXPLANATORY MEMORANDUM
1 . Article 1 of the Protocol concerning the arrangements to be applied
    during 1981 in the framework of the Decision adopted by the Association
    Council on 24 November 1980 establishing the process into the second
    stage of the Association Agreement between the European Economic Community
    and the Republic of Cyprus , as supplemented by the Protocol of Adaptation
    to that Agreement to take account of the accession of the Hellenic
    Republic , lays down
    - on the one hand , that the provisions of the 1977 Additional Protocol
       shall be applicable during 1981 , and
    *• on the other hand , that the contracting parties shall enter into
       negociations early in 1981 for the purpose of establishing the trade
       arrangements to be applied in 1982 and 1983 .
    Pending the conclusion of these negociations and the entry into force
    of the trade arragengements to be applied in 1983 , it is important to
    extend the validity 'of the arrangements laid down in the abovementioned
    Additional Protocol .   This Protocol provides for the opening of the
    following annual duty-free Community tariff quotas for products originating
    in Cyprus :
    Common Customs                                                      Annual
    Tariff heading                 Description of goods                 quota
    56.04              Man-made fibres ( discontinuous or          100 metric tons
                       waste ) carded , combed or other­
                       wise prepared for spinning
    61.01              Men 's and boys' outer garments             525 metric tons
    In consequence , it is advisable to open the Community tariff quota
    described above for the period from 1 January to 31 December 1983 .
2 . The regulations provide , as is the rule , for each of the quotas to
    be divided into two instalments , the first of which is allocated among
    the Member States while the second constitute the reserve .
    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 principe cannot be applied
    to the products in question .    For , during the past three years , there were
 ---pagebreak---     no imports of marvmade fibres falling within tariff heading No . 56.04
    and the imports of outer garments falling within tariff heading No . 61.01
    were insigni f i ciant . In this situation it seems also very difficult to
    draw up forecasts for 1983 .
    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 .
3 . This is the purpose of the Proposals annexed hereto .
    The tariff quotas in question are still likely to be modified in . the
    light of the results of the negotiations .    Until these results are
    available , the Regulations proposed will be the instrument which will
    make it possible to fulfil the commitment entered into by the Community
    The Commission thus reserves the right to amend its proposals while it
    is still going through channels in order to adapt it , if necessary , to
    the new arrangements .
Annexes : 2 proposals of Regulations of the Council .
 ---pagebreak---                                                                                                    Annex     A
                                              Proposal for a
                                         COUNCIL REGULATION (EEC)
                opening, allocating and providing for the administration of a Community tariff quota for
                certain textile fibres, falling within heading No 56.04 of the Common Customs Tariff and
                                                  originating in Cyprus ( 198 3 )
THE COUNCIL OF THE EUROPEAN
                                                                   Whereas it is in particular necessary to ensure for all
COMMUNITIES,
                                                                   Community importers equal and uninterrupted access
                                                                   to . the abovementioned quota and uninterrupted
                                                                   application of the rates laid down for that quota to all
Having regard to the Treaty establishing the                       imports of the products concerned into all Member
European Economic Community, and in particular                     States until the quota has been used up ; whereas,
Article 1 1 3 thereof,                                             having regard to the above principles, the Community
                                                                   nature of the quota can be respected by allocating the
Having regard to the proposal from the Commission ,                Community tariff quota among the Member States ;
                                                                   whereas, in order to reflect as accurately as possible
Whereas Article 1 of the Protocol concerning the                   the true trend of the market of the products in
arrangements to be applied during 1981 in the                      question, such allocation should be in proportion to
framework of the Decision adopted by the                           the requirements of the Member States, calculated by
Association      Council      on      24   November      1980      reference to the statistics of imports of the goods in
establishing the process into the second stage of                  question from Cyprus over a representative reference
the Association Agreement between the Euro­                        period and also to the economic outlook for the
pean Economic Community and the Republic of                        quota period concerned ;
Cyprus ('), as supplemented by the Protocol to the
Agreement establishing an association between the
European Economic Community and the Republic of
Cyprus consequent on the accession of the Hellenic                 Whereas, however, during the past three years no
Republic to the Community (2), hereinafter called 'the             such products originating in Cyprus have been
Protocol of Adaptation', lays down, on the one hand,               imported into the Community; whereas no forecast
that the provisions of the Additional Protocol to the              can be made for 1983 ; whereas, to ensure fair distri­
Agreement establishing an association between the                  bution of the quota amount between the Member
European Economic Community and the Republic of                    States, each Member State should make a significant
Cyprus (5) shall be applicable for 1981 and, on the                contribution to the quota amount; whereas such
other hand, that the Contracting Parties shall enter               contributions may approximately correspond to the
into negotiations early in 1981 for the purpose of                 following percentages :
establishing the trade arrangements to be applied in
1982 and 1983 ;
                                                                            Bénélux                       11 .6
Whereas, pending the establishment of such
arrangements, it is advisable to extend provisionally                       Denmark                       10.0
for 1983 the trade arrangements applicable in 1981 ;
                                                                            Germany                       18.3
Whereas the abovementioned Additional Protocol                              Greece                          6.7
provides for the opening of an annual duty-free
Community tariff quota of 100 tonnes of man-made                            France                        20.1
fibres (discontinuous or waste), carded, combed or                          Ireland                        6.7
otherwise prepared for spinning, falling within
heading No 56.04 of the Common Customs Tariff                               Italy                         16.6
and originating in Cyprus ; whereas the Community                                                         10.0
tariff quota should be opened for the period                                United Kingdom
 1 January to 31 December 1983 .
                                                                   Whereas, in order to take into account import trends
 (') OJ No L 174, 30 . 6. 1981 , p. 28 .                           for the products concerned in the various Member
 (2) OJ No L 174, 30 . 6. 1981 , p. 2 .                             States, the quota volume should be divided into two
 (') OJ No L 339, 28 . 12 . 1977, p. 2 .                            instalments, the first being shared among the Member
 ---pagebreak---                                                                                                Annex   A
    States and the second constituting a reserve to cover   relevant provisions in the 1979 Act of Accession and
   at a later date the requirements of the Member States    the Protocol of Adaptation.
   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                          Article 2
    of the Community quota should, under the present
    circumstances, be fixed at 60 % of the quota volume ;   1.     The Community tariff quota referred to in
                                                            Article 1 shall be divided into two instalments .
  Whereas the Member States' initial shares may be
   used up at different times ; whereas, in order to take   2. A first instalment amounting to 60 tonnes shall
   this fact into account and avoid any break in            be allocated among the Member States ; the shares,
   continuity, any Member State which has almost used       which subject to Article 5 shall be valid until 31
   up its initial share should draw an additional share     December 1983 shall be as follows :
   from the reserve ; whereas this must be done by each
   Member State as and when each of its additional                                                      (tonnes)
   shares is almost used up, and repeated as many times              Bénélux                              >7
   as the reserve allows ; whereas the initial and
  additional shares must be valid until the end of the               Denmark                               ^
  quota period ; whereas this method of administration
  requires close cooperation between the Member                      Germany                             11
  States and the Commission, and the latter must be in               Greece                                4
  a position to monitor the extent to which the quota
  volume has been used up and to inform the Member                   France                              12
  States thereof;
                                                                     Ireland                                4
                                                                     Italy                               10
  Whereas if, at a given date in the quota period , a
x substantial quantity remains unused in any Member                  United Kingdom                         6
  State , it is essential that that Member State should
  return a significant proportion to the reserve, to        3.     The second instalment        of 40   tonnes   shall
  prevent a part of any tariff quota from remaining         constitute the reserve.
  unused in one Member State when it could be used in
  others ;
                                                                                     Article 3
  Whereas, since the Kingdom of Belgium , the               1.     If 90% or more of a Member State's initial
  Kingdom of the Netherlands and the Grand Duchy            share as specified in Article 2 (2), or 90 % of that
  of Luxembourg are united in and represented by the        share minus the portion returned to the reserve where
  Benelux Economic Union , any operation relating to        Article 5 has been applied, has been used up, then to
  the administration of the quota shares allocated to
                                                            the extent permitted by the amount of the reserve,
  that economic union may be carried out by any of its      that Member State shall forthwith, by notifying the
  members ,
                                                            Commission , draw a second share equal to 15 % of
                                                            its initial share, rounded up where necessary to the
                                                            next unit.
  HAS ADOPTED THIS REGULATION :
                                                            2. If, after its initial share has been used up, 90 %
                           Article 1
                                                            or more of 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
  From 1 January to 31 December 198 5 the Common            paragraph 1 , draw a third share equal to 7-5 % of its
  Customs Tariff duties in respect of man-made fibres       initial share, rounded up where necessary to the next
  (discontinuous or waste), carded, combed or               unit.
  otherwise prepared for spinning, falling within
  heading No 56.04 of the Common Customs Tariff             3 . If, after its second share has been used up, 90 %
  and originating in Cyprus, shall be entirely suspended    or more of the third share drawn by a Member State
  within the limits of a Community tariff nuota of 100      has been used up, that Member State shall, in
  tonnes .
                                                            accordance     with   the   conditions  laid     down  in
                                                            paragraph 1 draw a fourth share equal to the third.
  Within the limits of this tariff quota, Greece shall      This process shall continue until the reserve is used
  apply duties calculated in accordance with the            up .
 ---pagebreak---                                                          -3-                                 ANNEX    A
4 . By way of derogation from paragraphs 1 , 2 and             available and, to this end, shall notify the amount of
3 , a Member State may draw shares smaller than                the balance to the Member State making the last
those fixed in those paragraphs if there is reason to          drawing.
believe that they might not be used up. It shall inform
the Commission of its reasons for applying this
                                                                                          Article 7
paragraph.
                                                               1.    The Member States shall take all measures
                         Article 4                             necessary to ensure that additional shares drawn
                                                               pursuant to Article 3 are opened in such a way that
Each of the additional shares drawn pursuant to
                                                               imports may be charged without interruption against
Article 3 shall be valid until 31 December 198 3 •
                                                               their accumulated share of the Community quota.
                                                             . 2. The Member States shall ensure that importers
                         Article 5
                                                               of the products in question
                                                                          have free access to the shares allocated to'
                                                               them .
The Member States shall return to the reserve, not
later than 1 October 1 98 3s such unused portion of
their initial shares as , on 15 September I9H3, is in          3.     The Member States shall charge imports of the
excess of 20 % of the initial volume. They may return          products in question against their share as and when
a larger quantity if there are grounds for believing           the goods are entered with customs authorities for
that it may not be used .                                      free circulation .
The Member States shall, not later than 1 October              4.     The extent to which a Member State has used
1985 , notify the Commission of the total quantities of        up its share shall be determined on the basis of the
the products in question imported up to 15 September           imports charged in accordance with paragraph 3 .
198 3 and charged against the tariff quota , and of any
quantity of the initial shares returned to the reserve .
                                                                                          Article 8
                         Article 6                             At the request of the Commission, Member States
                                                               shall inform it of imports actually charged against
                                                               their shares .
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                                  Article 9
Member State of the extent to which the reserve has
been used up.                                                  The     Member     States   and    the  Commission shall
                                                               cooperate closely in order to ensure that this Regu­
It shall inform the Member States , not later than             lation is complied with .
5 October 198 3 of the amount in the reserve after
quantities have been returned thereto pursuant to
Article 5 .                                                                              Article 10
The Commission shall ensure that any drawing which             This Regulation shall enter into force on 1 January
exhausts the reserve does not exceed the balance               1983 .
              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 and originating in Cyprus ( 198: 3 )
THE COUNCIL OF THE EUROPEAN                                          Whereas it is in particular necessary to ensure for all
 COMMUNITIES,                                                         Community importers equal and uninterrupted access
                                                                      to the abovementioned quota and uninterrupted
 Having regard to the Treaty establishing the                         application of the rates laid down for that quota to all
 European Economic Community, and in particular                       imports of the products concerned into all Member
Article 113 thereof,                                                  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
Having regard to the proposal from the Commission ,                   Community tariff quota among the Member States ;
                                                                      whereas, in order to reflect as accurately as possible
Whereas Article 1 of the Protocol concerning the                      the true trend of the market of the products in
arrangements to be applied during 1981 in the                         question, such allocation should be in proportion to
framework of the Decision                    adopted   by the         the requirements of the Member States, calculated by
Association     Council         on      24    November     1980       reference to the statistics of imports of the said goods
establishing the process into the second stage of the                from Cyprus over a representative reference period
Association Agreement between the European                           and the economic outlook for the quota period
Economic Community and the Republic of Cyprus ('),                   concerned ;
as supplemented by the Protocol to the Agreement
establishing an association between the European
Economic Community and the Republic of Cyprus
consequent on the accession of the Hellenic Republic                 Whereas, however, over the past three years imports
to the Community ('), hereinafter called 'the Protocol                have been irregular and insignificant; whereas no
of Adaptation' , lays down, on the one hind, that the                 forecast can be made for 1983; whereas, to ensure
provisions of the Supplementary Protocol to the                       fair distribution of the quota amount between the
Agreement establishing an association between the                     Member States, each Member State should make a
European Economic Community and the Republic of                       significant contribution to the quota amount ; whereas
Cyprus (') shall be applicable for 1981 and, on the                   such contributions may approximately correspond to
other hand, that the Contracting Parties shall enter                 the following percentages :
into negotiations early in 1981 for the purpose of
establishing the trade arrangements to be applied in
1982 and 1983 ;                                                               Bénélux                                  7
                                                                              Denmark                                  7
Whereas, pending the establishment of such
arrangements, it is advisable to extend provisionally                         Germany                                 15
for 1983 the trade arrangements applicable in 1981 ;                          Greece                                   2
                                                                              France                                  10
Whereas in the Protocol of Adaptation provision is
made for the opening of an annual duty-free                                   Ireland                                  2
Community tariff quota of 525 tonnes of men's and
boys' outer garments, falling within heading No 61.01                         Italy                                    9
of the Common Customs Tariff and originating in                               United Kingdom                         48
Cyprus ; whereas the Community tariff quota should
be opened for the period 1 January to 31 December
 198 5
                                                                     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
( ') OJ No L 174 , 30 . 6 . 1981 , p. 28 .                            instalments, the first being shared among the Member
O OJ No L 174 , 30 . 6 . 1981 , p . 2 .                               States and the second constituting a reserve to cover
(J) OJ No L 172 , 28 . 6. 1978 , p . 2 . ■                            at a later date the requirements of the Member States
 ---pagebreak---                                                          -2-                                         ANNEX B
 which have used up their initial quota shares ;                                       Article 2
 whereas , in order to give importers in each Member
 State a certain degree of security , the first instalment    1.    The Community tariff quota referred to in
 of the Community quota should, under the present             Article 1 shall be divided into two instalments .-
-circumstances, be fixed at 50 °/o of the quota volume ;
                                                              2.    A first instalment amounting to 260 tonnes shall
                                                              be allocated among the Member States ; the shares,
Whereas the Member States' initial shares may be              which subject to Article 5 shall be valid until 31
 used up at different times ; whereas in order to take        December 1983, shall be as follows :
this fact into account and avoid any break in
continuity any Member State which has almost used                                                           (tonnes)
up its initial share should draw an additional share
from the reserve ; whereas this must be done by each                   Benelux                                  18
Member State as and when each of its additional                       Denmark                                   18
shares is almost used up, and repeated as many times
 as the reserve allows ; whereas the initial and                      Germany                                   40
 additional shares must be valid until the end of the
                                                                      Greece                                     5
 quota period ; whereas this method of administration
 requires close cooperation between Member States                     France                                    26
 and the Commission and the latter must be in a
                                                                      Ireland                                    5
 position to monitor the extent to which the quota
volume has been used up and to inform the Member                      Italy                                     23
 States thereof ;
                                                                      United Kingdom                      .    125
Whereas if, at a given date in the quota period, a           3.   The    second   instalment of 265       tonnes     shall
substantial quantity remains unused in any Member            constitute the reserve.
State , it is essential that that Member State should
return a significant proportion to the reserve, to                                     Article 3
prevent a part of any tariff quota from remaining
unused in one Member State when it could be used in
others :                                                      1.    If 90 % or more of a Member State's initial
                                                             share as specified in Article 2 (2), or 90 °/o of that
                                                             share minus the portion returned to the reserve where
Whereas, since the Kingdom of Belgium, the                   Article 5 has been applied, has been used up, then to
Kingdom of the Netherlands and the Grand Duchy               the extent permitted by the amount of the reserve, '
of Luxembourg are united within and jointly                  that Member State shall forthwith, by notifying the
represented by the Benelux Economic Union, any               Commission, draw a second share equal to 15 % of
operation relating to the administration of the quota        its initial share, rounded up where necessary to the
                                                             next unit.
shares granted to that economic union may be carried
out by any of its members,
                                                             2 . If, after its initial share has been used up, 90 %
                                                             or more of the second share drawn by a Member
HAS ADOPTED THIS REGULATION :
                                                             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
                          Article 1                          initial share, rounded up where necessary to the next
                                                             unit.
From 1 January to 31 December 198 3 the Common
Customs Tariff duty in respect of men's and boys'            3 . If, after its second share has been used up, 90 %
outer garments, falling within heading No 61.01 of           or more of the third share drawn by a Member State
the Common Customs Tariff and originating in                 has been used up, that Member State shall, in
                                                             accordance     with   the   conditions   laid     down    in
Cyprus, shall be entirely suspended within the limits
of a Community tariff quota of 525 tonnes.                   paragraph 1 , draw a fourth share equal to the third.
                                                             This process shall continue until the reserve is used .
                                                             up .
Within the limits of this tariff quota, Greece shall
apply duties calculated in accordance with the               4. By way of derogation from paragraphs 1 , 2 and
relevant provisions in the 1979 Act of Accession and         3 , a Member State may draw shares smaller than
the Protocol of Adaptation .                                 those fixed in those paragraphs if there is reason to
 ---pagebreak---                                                           -3-                                        ANNEX   B
believe that they might not be used up. It shall inform       available and, to this end , shall notify the amount of
the Commission of its reasons for applying this               the balance to the Member State making the last
paragraph.                                                    drawing.
                                                                                      Article 7
                         Article 4
                                                               1.    The Member States shall take all measures
Each of the additional shares drawn pursuant to                necessary to ensure that additional shares drawn
Article 3 shall be valid until 31 December 198 3 •             pursuant to Article 3 are opened in such a way that
                                                               imports may be charged without interruption against
                                                               their accumulated share of the Community quota.
                         Article 5
                                                               2 . The Member States shall ensure that importers
The Member States shall return to the reserve , not            of the products in question .
                                                                          have free access to the shares allocated to
later than 1 October 1983, such unused portion of              them .
their initial share as, on 15 September 1983, >s in
excess of 20 % of the initial volume. They may return
a larger quantity if there are grounds for believing           3 . The Member States shall charge imports of the
that it may not be used .                                      products in question against their share as and when
                                                               the goods are entered with customs authorities for
                                                                free circulation .
The Member States shall, not later than 1 October
 1 98 3> notify the Commission of the total quantities of       4.    The extent to which a Member State has used
the products in question imported up to 15 September            up its share shall be determined on the basis of the
1983 and charged against the Community quota, and               imports charged in accordance with paragraph 3 .
of any quantity of the initial shares returned to the
reserve .
                                                                                       Article 8
                          Article 6                             At the request of the Commission, Member States
                                                                shall inform it of imports actually charged against
                                                                their shares .
 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                              Article 9
 Member State of the extent to which the reserve has
 been used up.                                                  The Member States and the Commission shall
                                                                cooperate closely to ensure that this Regulation is
 It shall inform the Member States, not later than 5            complied with .
 October 1983, of the amount in the reserve after
 quantities have been returned thereto pursuant to
 Article 5 .                                                                          Article 10
 The Commission shall ensure that any drawing which             This Regulation shall enter into force on 1 January
 exhausts the reserve does not exceed the balance                1983 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels ,
                                                                                     For the Council
                                                                                       The President