CELEX: 31976R0091
Language: en
Date: 1976-01-20 00:00:00
Title: Council Regulation (EEC) No 91/76 of 20 January 1976 establishing indicative ceilings and Community supervision for imports of certain products originating in Portugal (1976)

24. 1 . 76                            Official Journal of the European Communities                           No L 16/21
                                       COUNCIL REGULATION (EEC) No 91/76
                                                     of 20 January 1976
                  establishing indicative ceilings and Community supervision for imports of certain
                                           products originating in Portugal ( 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         the reintroduction of customs tariff duties as soon as
                                                                  the ceilings have been reached at Community level ;
                                                                  Wheres this administrative procedure requires close
Having regard to the Treaty establishing the Euro­
                                                                  and particularly rapid cooperation between the
pean Economic Community, and in particular                        Member States and the Commission ; whereas the
Article 113 thereof,
                                                                  latter must, in particular, be able to follow the pro­
                                                                  gress of amounts set off against the indicative ceilings
                                                                  and keep the Member States informed ; whereas this
Having regard to the proposal from the Commission,                cooperation must be all the closer since the Com­
                                                                  mission must be able to take adequate measures to
                                                                  re-introduce customs tariff duties whenever one of the
                                                                  ceilings has been reached ;
Whereas an Agreement between the European
Economic Community and the Portuguese Repub­                      Whereas the trend of imports should be followed
lic (*) was signed on 22 July 1972 ;                              for certain products for which, under Article 2 of
                                                                  Protocol 1 , the Community has suspended the
                                                                  application of ceilings and for products which are
Whereas Articles 1 and 2 of Protocol 1 annexed to                 not subject to the ceiling system ; whereas it is there­
this Agreement make provision for a specific time­                fore desirable that imports of such proudcts should
table for the progressive abolition of customs duties             be subject to supervision,
in respect of the products to which the Agreement
applies ; whereas under Article 2 of that Protocol the            HAS ADOPTED THIS REGULATION :
imports of these products are limited to annual
indicative ceilings above which the customs duties
applicable to third countries may be re-introduced ;                                     Article 1
whereas, however, under Article 2 (2) the Community
has to suspend the application of certain ceilings ;
                                                                  1 . From 1 January until 31 December 1976, imports
whereas, therefore, the ceilings to be applied in 1976
                                                                  of products originating in Portugal and indicated in
must be established ; whereas in this situation it is
                                                                  Annex I to this Regulation shall be subject to
also necessary that the Commission be regularly
informed of the trend of the imports of the products              indicative ceilings and to Community supervision.
in question and, in consequence, it is necessary to
subject these imports to supervision ;                            The description of the products referred to in the
                                                                  preceding subparagraphs, their tariff headings and
                                                                  statistic numbers and the levels of the indicative
Whereas this objective may be achieved by means of                ceilings are given in Annex I.
an administrative procedure based on setting off
imports of the products in question against the
indicative ceilings at Community level, as and when
                                                                  2. Amounts shall be set off against the indicative
these products are submitted to the customs auth­                 ceilings as and when products are submitted to the
                                                                  customs authorities under cover of a declaration that
orities under cover of declarations that they have
been made available for consumption ; whereas this                they have been made available for consumption and
                                                                  accompanied by a movement certificate conforming
administrative procedure must make provision for
                                                                  to the rules contained in Protocol 3 to the Agreement.
                                                                  Goods shall be set off against the indicative ceiling
H OJ No L 301 , 31 . 12 . 1972, p. 10.                            only if the movement certificate has been submitted
 ---pagebreak--- No L 16/22                        Official Journal of the European Communities                           24. 1 . 76
before   the  date    on which   customs    duties  are                             Article 2
reimposed.
                                                             From 1 January until 31 December 1976, imports
                                                             of the products referred to in Annex II which
The reaching of a ceiling shall be determined at             originate in Austria shall be subject to Community
Community level on the basis of imports set off              supervision.
against it in the manner defined in the preceding
subparagraphs.                                               Member States shall forward to the Commission not
                                                             later than the 15th day of each month statements of
The Member States shall periodically inform the              imports of the products in question effected during
Commission of imports effected in accordance with            the preceding month ; to this end, only products
                                                             submitted to the customs authorities under cover
the above rules ; such information shall be supplied
under the conditions laid down in paragraph 4.               of a declaration that they have been made available
                                                             for consumption and accompanied by a movement
                                                             certificate conforming to the rules contained in
3 . As soon as the ceilings have been reached,      the      Protocol 3 to the Agreement shall be taken into
Commission may issue a Regulation reimposing        the      consideration.
customs duties provided for in Article 2 (7)         of
Protocol 1 to the Agreement until the end of        the                             Article 3
calendar year.
                                                             For the implementation of this Regulation the Com­
4. Member States shall forward to the Commission             mission shall take all necessary measures in close
not later than the 15th day of each month statements         cooperation with the Member States .
of the amounts set off during the preceding month.
They shall, if the Commission so requests, make                                     Article 4
up such statements for periods of 10 days and for­
ward them within five clear days of expiry of the            This Regulation shall enter into force on 1 January
preceding 10-day period.                                     1976.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 20 January 1976.
                                                                             For the Council
                                                                              The President
                                                                                G. THORN
 ---pagebreak--- 24. 1 . 76                    Official Journal of the European Communities                     No L 16/23
                                                     ANNEX I
           LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION IN 1976
     Order       CCT                                                                               Level
       No     heading No                       Description                         Nimexe code   of ceiling
                                                                                               (metric tons)
        1          2                               3                                    4            5
  IP 1          45.02    Natural cork in blocks, plates, sheets or strips  45.02-all Nos           1 395
                         (including cubes or square slabs, cut to size for
                         corks or stoppers)
  I P 2         45.03    Articles of natural cork                          45 . 03 -all Nos       11473
  I P 3         55.05    Cotton yarn, not put up for retail sale           55.05-all Nos           9 327
  I P 4         56.07    Woven        fabrics    of       man-made  fibres 56.07-all Nos           2 641
                         ( discontinuous or waste)
  I P 5         59.04    Twine, cordage, ropes and cables, plaited or not  59.04-all Nos           9 338
  IP 6          60.04    Under garments, knitted or crocheted, not         60.04-all Nos           3 335
                         elastic or rubberized
  I P 7         60.05    Outer garments and other articles, knitted or     60.05-all Nos              804
                         crocheted, not elastic or rubberized
  I P 8         61.01    Men's and boys' outer garments                    61.01-all Nos           1 009
  I P 9         61.02    Women's, girls' and infants' outer garments       61.02-all Nos              309
  IP 10         61.03    Men's and boys' under garments, including         61.03-all Nos           1 169
                         collars, shirt fronts and cuffs
  IP 11         61.04    Women's, girls' and infants' under garments       61.04-all Nos                99
 ---pagebreak--- No L 16/24               Official Journal of the European Communities                                  24 . 1 . 76
                                              ANNEX II
                      LIST OF PRODUCTS REFERRED TO IN ARTICLE 2
    Order     CCT
     No    heading No                              Description                                Nimexe code
      1         2                                       3                                          4
 IIP 1       45.04     Agglomerated cork (being cork agglomerated with or                45.04-all Nos
                       without a binding substance) and articles of agglomerated
                       cork
 II P 2      56.05     Yarn of man-made fibres (discontinuous or waste), not put         56.05-all Nos
                       up for retail sale
 II P 3      57.10     Woven fabrics of jute or of other textiles bast fibres of         57.10-all Nos
                       heading No 57.03
 II P 4      62.02     Bed linen, table linen, toilet linen and kitchen linen ; curtains 62.02-all Nos
                       and other furnishing articles