CELEX: 51980PC0607
Language: en
Date: 1980-10-27
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 (1981)#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 AND ORIGINATING IN CYPRUS (1981) (presented by the Commission to the Councils Council)

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DOCUMENTS "COM"
COM (80) 607
Vol. 1980/0192
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM ( 80 ) 607 final
                                          Brussels , 27 October 1980
                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 ( 1981 )
                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 AND ORIGINATING IN CYPRUS ( 1981 )
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 COM ( 80 ) 607 final
 ---pagebreak--- ;                             EXPLANATORY MEMORANDUM
                                     #                 •
  1«   The Agreement establishing an Association between the European
       Economic Community and the Republic of Cyprus , together with ... :
       the Transitional Protocol and the Additional Protocol to this'
       Agreement , completed by the Protocol of Adaptation to take account
     . of the accession of Greece to the Community / provides for the
       opening of the following annual duty-free Community tariff quotas
       for products originating in Cyprus ,s .
Common Customs                  Description of goods     .   . :    Annual         .v.<t
Tariff heading                                                      quota
56.04               Man-made fibres ( discontinuous or             100 metric - tons
                    waste ) carded , combed or other- ;          V
                    wise . prepared for spinning                 , ^
61.01              Men 's and boys' outer garments                 525 metric tons.
  2,   The provisions of the Additional Protocol and the Transitional
        Protocol to the Agreement establishing an Association between
        the European Economic Community and the Republic of Cyprus will'
        lapse on 31 December 1980 .    Pending the entry into force of a
        new protocol it is necessary to extend the arrangements that the
        Community applies to trade with the Republic of Cyprus within the
        context of the Association with that country .
  3.     In order to fulfil' the Community 's intentions to Cyprus^ in 1981 *
         regulations should be adopted opening , allocating and providing ,
         for the administration . of these Community' tariff quotas * . ,
                                                  »  V     •        *  • . • .• • • - :J»
 ---pagebreak---  ;. The regulations provide , as is the rule / for each of the quotas t6'. ,;
 'be divided into two instalments , the first of which is allocated V* • '
 \ among the Member States while the . second constitute the reserve **/         ■
 I      .   •          .  ' .        '          '        •*' "             . ''i
 i The allocation of the first instalment is usually based on the        • v
 r                                                                          *.
^ 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 ware no imports of man-made fi.bres falling within' tariff
 ' heading No 56*04 and theHmports 6f outer garments falling w1th1nv.' v',^
  . tariff heading No 61.01 were insignificant . In this situation
■ seems also Very difficult- rto 'draw up forecasts for "1981
      ,         «
   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 .
   This is the purpose of the Proposals annexed hereto ,
    Annexes S 2 proposals of Regulations of the Council ,
 ---pagebreak---                                                                                     ANNEX A
                                                  Proposa l 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 ( 1981 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European                    '                <
Economic Community, and in particular Article 113
thereof,
Having regard to the proposal from the Commission,                                /
 Whereas the provisions of the Additional Protocol ( 1 )
 and the Transitional Protocol ( 2 ) to the Agreement
 establishing an Association between the European
 Economic Community and the Republic of Cyprus ( 3 )
 will lapse on 31 December 198 ;
                                          _                            *
 Whereas pending, the entry into force of a new Protocol
 it is necessary to extend the arrangements that the
 Community applies to trade with the Republic of
 Cyprus            under                    of the Association with
 that country ;
 Whereas the abovementioned Additional Protocol , supplemented
 by the Protocol of Adaptation to take account of the
 accession of the Hellenic Republic to the Community ( 4 ),
 provides for the
  opening of art annual duty-free Community tariff quota
  of 100 tonnes of man-made fibres (discontinuous or
  waste), carded, combed or otherwise prepared for
  spinning, falling within heading No 56.04 of the
  Common Customs Tariff and originating in Cyprus;
   ( 1 ) 0J No L 339 / 28.12.1977 , - p. 2
   ( 2 ) 0J No L 8f, 28.3.1980 , p. 2
   ( 3) 0J No L 133 , 21.5.1973 , p . 2.
   ( A ) 0J No L
 ---pagebreak---                                                  - 2 -
 Whereas it is in particular necessary to ensure for all
 Community importers equal and uninterrupted access
 to the abovcmcntioncd 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 imports of the goods in
 question from Cyprus over a representative reference
period and also to the economic outlook for the quota
period concerned;
Whereas, however, during the past three years no such
products originating in Cyprus have been imported into
the Community; whereas no forecast can be made for
1981; whereas to ensure fair distribution of the quota
amount between the Member States each Member State
should make a significant contribution to the quota
amount; whereas such contributions may approxi­
mately correspond to the following percentages:
      Bénélux                              ? 12%
      Ocnin.uk                                9*
      rrance                                 19%
      Ireland       .     .                   7%
      Italy                                  16%
      United Kingdom                         11%
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 the Member
States and the second constituting a reserve to cover at a
later date the requirements of the 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 60 % of the quota volume;
 ---pagebreak--- 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 Mcmb*.. States and tr«. 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
substantial quantity remains unused in any Member
State, it is essential that that Member State should
return a significant proportion to the reserve, to prevent
a part of any tariff 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,                                                    j
HAS ADOPTED THIS REGULATION :
                          Article 1
            January
From 1 /          to 31 December 1981, the Common
Customs Tariff duties in respect of man-made fibres
 (discontinuous or waste), carded, combed or otherwise
prepared for spinning, falling within heading No 56.04
of the Common Customs Tariff and originating in
Cyprus, shall be entirely suspended within the limits of
a Community tariff quota of 10Qonnes.
Within the limits of this tariff quota / Greece shall
apply duties calculated in accordance with the relevant
provisions in the Act of Accession and the Protocol of
Adaptation .
 ---pagebreak---                                            - 4 -
                           Article 2
1 . The Community 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 Member States; the shares, which
subject to Article 5 shall be valid until 31 December
 198 1 shall be as follows:
      Bénélux                              7.2   tonnes
      Denmark                              5.4   tonnes
      Germany                                    tonnes
      CTreece
                                                 tonnes
       France                             11.4
       Ireland                             4.2   tonnes
       Italy                               9.6   tonnes
       United Kingdom                      6.6   tonnes
 3 . The second instalment of 40 tonnes shall constitute
 the reserve.
                            Article 3
  1 . 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 has
 been 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.
 2. 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 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.
 3 . 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 paragraph 1 draw a
 fourth share equal to the third.
 This process shall continue until the reserve is used up.
 ---pagebreak---  4. By way of derogation from paragraphs 1 , 2 and 3 , a
 Member State may draw shares smaller than those fixed
 in those paragraphs if there is reason to believe that they
 might not be used up. It shall inform the Commission of
its reasons for applying this paragraph.
                         Article 4
Each of the additional shares drawn pursuant to Article
3 shall be valid until 31 December 1981.
                         Article S
The Member States shall return to the reserve,- not later
than 1 October 1981, such unused portion of their „
initial shares as, on 15 September 1981 > 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
198 1 notify the Commission of the total quantities of
the products in question imported up to 15 September
198 1 and charged against the tariff quota, and of any
quantity 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
 ---pagebreak---                                                        - 6 -
3 and shall , as soon as it is notified, inform each            3 . The Member States shall charge imports of the
Member State of the extent to which the reserve has             products in question against their share as and when the
been used up .                                                  goods are entered with customs authorities for free
                                                                circulation.
It shall inform the Member States, not later than
5 October 198       of the amount in the reserve after          4. The extent to which a Member State has used up its
quantities have been returned thereto pursuant to               share shall be determined On the basis of the imports
Article 5 .                                                     charged in accordance with paragraph 3 .
The Commission shall ensure that any drawing which                                     . Article 8
exhausts the reserve does not exceed the balance
available, and to this end, shall notify the amount of the
                                                                At the request of the Commission, Member States shall
balance to the Member State making the last drawing.            inform it of imports actually charged against their
                                                                shares.
                         Article 7
                                                                                         Article 9
1 . The Member States shall take all measures necessary
to ensure that additional shares drawn pursuant to              The Member States and the Commission shall cooperate
Article 3 are opened in such a way that imports may be          closely in order to ensure that this Regulation is
charged without interruption against their accumulated          complied with.
share of the Community quota.
2. The Member States shall ensure that importers of                                      Article 10
the products in question established in their territory
have free access to the shares allocated to them. -             This Regulation shall enter into force on 1 January 1981
              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 ( 1981 )
   71 ;E COUNCIL OF THE EUROPEAN COMMUNITIES,
  Having regard to the Treaty establishing the European
  Economic Community, and in particular Article 113
  thereof,                                     *
   Having regard to the proposal from the Commission,                      ,
   Whereas the provisions of the Additional Protocol < 1 > .•
   and the Transitional Protocol ( 2 ) to ; the Agreement .                               \
  establishing an Association between the European                                         i
  Economic Community andthe Republic of Cyprus ( 3 )
  will lapse on 31 December 1980 ;
                                       ■                ·'······.·       .       <    ι    ;
       1                                                  ,                                t
   Whereas pending the entry into force of a new Protocol
   it is necessary to extend the arrangements that the                                     %
' Community applies to trade with the Republic of
   Cyprus ,"         under                 "    the Association with
• that country ;                         !   '
                                                          1                        •
, Whereas the abovementioned Additional Protocol supplemented
   by the Protocol of Adaptation to take account of the                                  j
   accession of the Hellenic Republic to the Community U ) , j
   provides for the opeftiftty-                                              '-•        }
   of an annual duty-free Community tariff quota or '525''""'.        '
   tonnes of men's and boys' outer garments, falling within '
   heading No 61.01 of the Common Customs Tariff and
   originating in Cyprus:
 ( 1 ) 0J No L 339 , 28.12.1977 , p. 2
 ( 2 ) 0J No L 8^-/ 2ë . 3 . 1980, p. 2.
 ( 3 ) 0J No L 133 , 21.5.1973 , p. 2
 ( 4 ) 0J No L
 ---pagebreak---                                                    - 2 -
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access
to the abovemcntioned 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 o^ the Member States, calculated by
reference to the statistics of imports of the said goods
from Cyprus ovena representative reference period and
the economic outlook for the quota period concerned;
Whereas , however ,           over      the past three years '
 imports have been irregular and insignificant ;
 whereas no forecast can be
 made for 198 \ whereas to ensure fair distribution of
 the quota amount between the Member States each
 Member State should make a significant contribution to
 the quota amount; whereas such contributions may
 approximately correspond to the following percentages:
      Benelux                                      7%
                                                   7%
      Denmark                                      7 %
                                                   7%
                                               - 1 5 % pw ' ■
      Ireland                                      2 %
      Italy                                        99%
                                                     %
      United Kingdom                             48%
 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 the Member
 States and the second constituting a reserve to cover at a
 later date the requirements of the 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 present circumstances,
 be fixed at 50 % of the quota volume;
Whereas the Member e.
Up at different times; whertCr^                          ,
into account and avoid any brcak7^.r<-sJT} ay
 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
 Member States and the Commission and the latter must
 be in a position to monitor the extent to which the
 ---pagebreak---                                                          - 3 -
  quota volume has been used up and to inform the
  Member States thereof;
             X   .
   Whereas if, at a given date in the quota period, a
   substantial quantity remains unused in any Member
  State, it is essential that that Member State should
  return a significant proportion to the reserve, to prevent j
  a part of any tariff 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 granted to that
  economic union may be carried out by any of its
  members,
  HAS ADOPTED THIS REGULATION:
                           Article 1
               January
  From 1 /          to 31 December 1981, the Common
  Customs Tariff duty in respect of men's and boys', outer
  garments falling withing heading No 61.01 of the
  Common Customs Tariff and originating in Cyprus,
 shall be entirely suspended within the limits of a .
 Community tariff quota of 5 25tonnes.
   Within the limits of this tariff quota , Greece shall
   apply duties calculated in accordance with the relevant
" provisions in the Act of Accession and the Protocol of :
[ Adaptation .                                                 ; :v '.V
                            Article 2
    1 . The Community tariff quota referred to in Article 1
    shall be divided into two instalments.
    2. A first instalment amounting to 260 tonnes shall be
    allocated among the Member States; the shares, which
    subject to Article 5 shall be valid until 31 December
    1981, shall be as follows:
         Benelux                              18 tonnes
         Denmark                              18 tonnes
         Germany                              40 tonnes
         Franre Greece ............ 5 tonnes        tonnes
         rrance                               ^ tonnes
         Ireland                                55 tonnes
                                                   tonnes
         Kaly ,                               23   tonnes
                                              23 tonnes
         United Kingdom                    <\125
                                              ->c tonnes
                                                   tonnes
 ---pagebreak---                                                 -   L  -
3 . The second instalment of 265 tonnes shall constitute
the reserve.
                          Article 3
1.   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 has
been 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.
2. 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 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.
3 . 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 paragraph 1 , draw a
fourth share equal to the third.
This process shall continue until the reserve is used up.
4. By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares smaller than those fixed
in those paragraphs if there is reason to believe that
they might not be used up. It shall inform the
Commission of its reasons for applying this paragraph. '
                          Article 4
Each of the additional shares drawn pursuant to Article
3 shall be valid until 31 December 1981 .
                          Article S
The Member States shall return to the reserve, not later
than 1 October 198 1 such unused portion of their
initial share as, on 15 September 1981 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.
 ---pagebreak---                                                           - 5 -
The Member States shall , not later than 1 October
 1981 , notify the Commission of the total quantities of
the products in question imported up to 15 September
1981 and charged against the tariff quota, and of any
quantity of the initial shares returned to the reserve.
                          Articfe 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                goods arc entered with customs authorities for free
5 October 1981, of the amount in the reserve after               circulation.
quantities have been returned thereto pursuant to
Article 5 .            **•'"•                                    4. The extent to which a Member State used up its
                                                                 share shall he determined on the basis of the imports
The Commission shall ensure that any drawing which                charged in accordance with paragraph 3 . -
exhausts the reserve does not exceed the balance
available, and to this end, shall notify the amount of the                                                 r
balance to the Member State making the last drawing                                       Article 8
                                                                                                                   . \
                                                                  At the request of the Commission, Member States shall
                         Article 7                               inform it of imports actually charged against their
                                                                 shares.
 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                                    Article 9
charged without interruption against their accumulated
share of the Community quota.                                    The Member States and the Commission shall cooperate
                                                                  closely to ensure that this Regulation is complied with.
2. The Member States shall ensure that importers of
the products in question established in their territory
have free access to the share allocated to them.                                          Article 10
3 . The Member States shall charge imports of the                 This Regulation „               shall enter into force on
products in question against their share as and when the          1 January 1981
                t   .               .            ' -    ,
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
            • Done at Brussels,
             *                                                                                  N
                                                                                     For the Council
                                                                                      The President