CELEX: 31976R3050
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3050/76 of 9 December 1976 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 (1977)

' No L 350/92                            Official Journal of the European Communities                              20. 12. 76
                                         COUNCIL REGULATION (EEC) No 3050/76
                                                       of 9 December 1976
                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 ( 1977)
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           States; wheres Annex I to the Agreement provides
                                                                      that the duties applicable to the quota shall be equal
                                                                      to 30% of the Common Customs Tariff duties ;
                                                                      whereas as regards the duties to be applied to the
  Having regard to the Treaty establishing the
                                                                      quota by the new Member States, the special
                                                                      provisions of the Protocol and of the Act of
  European Economic Community, and in particular
  Article 113 thereof,                                                Accession (3) must be respected ; whereas to comply
                                                                      with the special provisions of the Protocol, separate
                                                                      arrangements should be made for the Member States
                                                                      of the Community as originally constituted on the
  Having regard to the proposal from the Commission,                  one hand, and for the new Member States on the
                                                                      other;
  Whereas the Agreement establishing an association
  between the European Economic Community and the                     Whereas it is in particular necessary to ensure for all
 Republic of Cyprus ( J ), hereinafter called 'the Agree­            Community importers equal and uninterrupted access
  ment', and the Protocol laying down certain pro­                   to the abovementioned quota and uninterrupted
 visions concerning that Agreement as a result of the                application of the rates laid down for that quota to
  accession of new Member States to the European                     all imports of the products concerned into all
 Economic Community (2), hereinafter called 'the                      Member States until the quota has been used up ;
 Protocol', provide for the opening of an annual Com­                whereas, having regard to the principles mentioned
 munity tariff quota of 100 metric tons of man-made                  above, the Community nature of the quota can be
 fibres ( discontinuous or waste), carded, combed or                 respected by allocating the Community tariff quota
 otherwise prepared for spinning, falling within                     among the Member States ; whereas, in order to
 heading No 56.04 of the Common Customs Tariff,                      reflect more accurately the actual development of the
 originating in Cyprus ; whereas, however, the first                 market in the products concerned, such allocation
 stage of the Agreement ends on 30 June 1977 ;                       should be in proportion to the needs of the Member
 whereas the Community intends to maintain its                       States, assessed by reference to both the statistics of
 trading relations with that country ; whereas the                   each State's imports of the said goods from Cyprus
 provisions governing the second half of 1977 should                 over a representative reference period and the
 not be less favourable than those laid down for the                 economic outlooks for the quota period concerned ;
 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 either into the Community as originally
Whereas, pursuant to the joint declaration on                        constituted or into any of the new Member States ;
 Article 2 of the Protocol, the tariff quota should be               whereas no forecast can be made for 1977 ; whereas
allocated among the Member States as follows :                       to ensure fair distribution of the two quota amounts
70 metric tons for the Community as originally                       between the Member States concerned each Member
constituted and 30 metric tons for the new Member                    State should make a significative contribution to the
                                                                     relevant quota amount ; whereas such contributions
 (») OJ No L 133 , 21 . 5 . 1973, p. 1 .
 (2) OJ No L 133, 21 . 5. 1973, p. 88.                               (8) OJ No L 73, 27. 3. 1972, p. 14.
 ---pagebreak--- 20. 12. 76                        Official Journal of the European Communities                          No L 350/93
may approximately correspond to the following                administration of the quota shares allocated to that
percentages :                                                economic union may be carried out by any of its
                                                             members,
        Benelux                              19
        Germany                              27
                                                             HAS ADOPTED THIS REGULATION :
        France                               29
        Italy                                25
        Denmark                              33                                        Article 1
        Ireland                              27
        United Kingdom                       40              From 1 January until 31 December 1977, a tariff
                                                             quota of 100 metric tons shall be opened within the
                                                             Community in respect of man-made fibres (discon­
Whereas, in order to take into account import trends         tinuous or waste), carded, combed or otherwise
for the products concerned in the different Member           prepared for spinning, falling within heading No
States, each of these amounts should be divided into         56.04 of the Common Customs Tariff, originating in
two instalments, the first instalments being allocated       Cyprus. This quota shall be allocated and adminis­
among the Member States and the second forming               tered in accordance with the provisions set out below.
reserves intended ultimately to cover the requirements
of the Member States which have used up their initial
quota shares ; whereas, in order to ensure a certain                                   Article 2
degree of security to importers in each Member State,
the first instalments of the Community quota should          1 . The Common Customs Tariff duties shall be
be determined at a level which, under present                partially suspended at the rates indicated below in
circumstances, may be approximately 75 and 70% of            respect of 70 metric tons of the quota referred to in
the quota amount respectively ;                              Article 1 .
Whereas the initial shares of the Member States may                CCT                                   Rate of duty
be used up at different times ; whereas, in order to             heading                Description
                                                                    No                                       (% )
take this fact into account and avoid any break in
continuity, it is important that any Member State
having used up almost the whole of its initial share
should draw an additional share from the relevant
                                                                  56.04        Man-made fibres (dis­
                                                                               continuous or waste),
reserve ; whereas, this must be done by each Member                            carded, combed or
State as and when " each of its additional shares is                           otherwise prepared for
almost entirely used up, and repeated as many times                            spinning :
as the reserves allow; whereas the initial and
additional shares must be available for use until the                          A. Synthetic textile
                                                                                   fibres                    2-5
end of the quota period; whereas this method of
administration calls for close cooperation between                             B. Regenerated textile
Member States and the Commission, which must, in                                   fibres                    3-0
particular, be able to observe the extent to which
the quota amounts are used and inform Member
States thereof;
                                                             2. Within the limits of 30 metric tons of the quota
                                                             referred to in Article 1 , the new Member States shall
Whereas if, at a specified date in the quota period,         apply the duties laid down in the relevant provisions
a considerable balance remains in       one or other         of the Act of Accession, the Agreement and the
                                                             Protocol .
Member State, it is essential that that Member State
pays a large amount of it back into the reserve, in
order to avoid a part of the tariff quota remaining                                    Article 3
unused in one Member State when it could be used
in others ;
                                                             1 . A first instalment, amounting to 52 metric tons of
                                                             the amount specified in Article 2 ( 1 ), shall be
Whereas, since the Kingdom of Belgium, the Kingdom           allocated among the Member States of the Com­
of the Netherlands and the Grand Duchy of Luxem­             munity as originally constituted; the shares, which
bourg are united in and represented by the Benelux           subject to Article 6 are valid until 31 December 1977,
Economic Union, any measure concerning the                   shall be as follows :
 ---pagebreak--- No L 350/94                           Official Journal of the European Communities                              20. 12. 76
         Germany                    14 metric tons,              inform the Commission of the reasons which led
         Benelux                    10 metric tons,              them to apply this paragraph.
         France                     15 metric tons,
                                    13 metric tons.                                      Article 5
         Italy
The second instalment of 18 metric tons shall                    Each of the additional shares drawn pursuant to
constitute the relevant reserve .                                Article 4 shall be valid until 31 December 1977.
2. A first instalment, amounting to 21 metric tons                                       Article 6
of the amount specified in Article 2 (2), shall be
allocated among the new Member States ; die shares,
wihich subject to Article 6 are valid until 31 December          The Member States shall return to the reserve, not
 1977, shall be as follows :                                     later than 1 October 1977, the unused portion of
                                                                 their initial shares which, on 15 September 1977, are
         Denmark                     7 metric tons,              in excess of 20% of the initial amounts. They may
                                                                 return greater portions if there are grounds for
         Ireland                     6 metric tons,              believing that such portions may not be used in full.
         United Kingdom              8 metric tons.
                                                                 The Member States sihall, not later than 1 October
The second instalment of nine metric tons shall                  1977, notify the Commission of the total imports of
constitute the relevant reserve.                                 the said goods effected up to and including
                                                                 15 September 1977 and charged against the Com­
                                                                 munity quota and, where appropriate, the pro­
                                                                 portions of their initial shares that are being returned
                          Article 4                              to the relevant reserve.
 1 . If 90% or more of the initial share of a Member                                     Article 7
State laid down in Article 3 , or 90% of that share less
the amount returned into the relevant reserve where
the provisions of Article 6 have been applied, has               The Commission sha'll keep an account of the shares
been exhausted, that Member State shall proceed                  opened by the Member States in accordance with
                                                                 Articles 3 and 4 and shall inform each State of the
without delay, by notifying the Commission, to draw
a second share, equal to 15% of its initial share,               extent to which the reserves have been used up as
                                                                 soon as it receives the notifications .
rounded up to the next unit where appropriate, to
the extent that the relevant reserve is sufficient.
                                                                 The Commission shall, not later than 5 October 1977,
                                                                 notify the Member States of the amounts in the
2. If, after its initial share has been exhausted, 90%           reserves after the return of shares pursuant to
or more of the second share drawn by a Member                    Article 6.
State has . been used, that Member State shall proceed,
in accordance with the conditions laid down in para­             The Commission shall ensure that any drawing which
graph 1 , to draw a third share, equal to 7-5% of its            uses up one or the other reserve is limited to the
initial share, rounded up to the next unit.                      balance available and, for this purpose, shall specify
                                                                 the amount thereof to the Member State which makes
                                                                 the last drawing.
3 . If, after its second share has been exhausted, 90%
or more of the third share drawn by a Member State
has been used, that Member State shall proceed, in                                       Article 8
the same way, to draw a fourth share equal to the
third.
                                                                 1 . The Member States shall take all appropriate
                                                                 measures to ensure that when additional shares are
This process shall be applied until the relevant reserve         drawn pursuant to Article 4 it is possible for charges
is exhausted.
                                                                 to be made without interruption against their
                                                                 accumulated sthares of the Community quota.
4. Notwithstanding paragraphs 1 , 2 and 3, a Mem­
ber State may proceed to draw shares smaller -than               2. The Member States shall ensure that importers
those fixed in those paragraphs if there is reason to            of the said goods established in their territory have
believe that they might not be used up. They shall               free access to the shares allocated to them .
 ---pagebreak--- 20. 12. 76                        Official Journal of the European Communities                       No L 350/95
3 . The Memiber States shall charge imports of the                                  Article 10
said goods against their share as and when the goods
are entered for home use.                                    The Member States         and   the Commission shall
4. The extent to which a Member State has used up            cooperate closely in order to ensure that this
its share shall be determined on the .basis of the           Regulation is observed.
imports charged in accordance with paragraph 3 .
                        Article 9                                                    Article 11
On receipt of a request from the Commission,
Member States shall inform it of imports actually            This Regulation shall enter into force on 1 January
 charged against their shares.                               1977.
             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