CELEX: 31976R3234
Language: en
Date: 1976-12-21 00:00:00
Title: Council Regulation (EEC) No 3234/76 of 21 December 1976 establishing indicative ceilings and Community supervision for imports of certain products originating in Portugal (1977)

31 . 12. 76                             Official Journal of the European Communities                           No L 367/21
                                      COUNCIL REGULATION (EEC) No 3234/76
                                                     of 21 December 1976
                   establishing indicative ceilings and Community supervision for imports of certain
                                            products originating in Portugal (1977)
THE COUNCIL OF THE EUROPEAN                                        Member States and the Commission ; whereas the
COMMUNITIES,                                                       latter must, in particular, be able to follow the
                                                                   progress of amounts set off against the indicative
                                                                   ceilings and keep the Member States informed ;
Having regard to the Treaty establishing the                       whereas ithis cooperation must be all the closer since
European Economic Community, and in particular                     the Commission must be able to take adequate
Article 113 thereof,                                               measures      to   reintroduce    customs  tariff duties
                                                                   whenever one of the ceilings has been reached ;
Having regard to the proposal from the Commission,
                                                                   Whereas the trend of imports should be followed
Whereas an Agreement (x) between the European                      for certain products for which, under Article 2 of
Economic Community and the Portuguese Republic                     Protocol 1 , the Community has suspended the
was signed on 22 July 1972;                                        application of ceilings and for products which are
                                                                   not subject to the ceiling system ; whereas it is
                                                                   therefore desirable that imports of such products
Whereas Articles 1 and 2 of Protocol 1 annexed to
                                                                   should be subject to supervision,
this Agreement make provision for a speaific time­
table for the progressive abolition of customs duties
in respect of ithe products to which the Agreement
applies ; whereas under Article 2 of that Protocol the
imports of these products are limited to annual indi­              HAS ADOPTED THIS REGULATION :
cative ceilings .above which the customs duties appli­
cable to third countries may be reintroduced ;
whereas, however, under Article 2 (2) the Community                                          Article 1
has to suspend the application of certain ceilings ;
whereas, therefore, the ceilings to be applied in 1977
must be established; whereas in this situation it is                1 . From 1 January until 31 December 1977, imports
also necessary that the Commission be regularly in­                of products originating in Portugal and indicated in
formed of the trend of the imports of the products in              Annex I to this Regulation shall be subject to
question and, in consequence, it is necessary to                   indicative ceilings and to Community 'supervision .
subject these imports to supervision ;
                                                                   The description of the products referred to in the
Whereas this objective may be achieved by means of                 preceding subparagraphs, their tariff headings and
an administrative procedure based on setring off                   statistic numbers and the levels of the ' indicative
imports of the products in question against the indi­               ceilings are given in Annex I.
cative ceilings at Community level, as and when these
products are submitted to the customs authorities
uruder cover of declarations that they have been made               2. Amounts shall be set off against the indicative
available for consumption ; whereas this administra­                ceillings as and when products are submitted to the
tive procedure must make provision for the reinitro­                customs authorities under cover af a declaration that
duction of customs tariff duties as soon as the                     they have been made available for consumption and
 ceilings have been reached at Community level ;                    accompanied by a movement certificate conforming
                                                                    to the rules contained in Protocol 3 to the Agreement.
Whereas this administrative procedure requires close
 and particularly rapid cooperation between the                     Goods shall be set off against the indicative ceiling
                                                                    only if the movement certificate has been submitted
                                                                    before    the   date   on  which    customs duties  are
 (l) OJ No L 301 , 31 . 12. 1972, p. 10.                            reimposed.
 ---pagebreak--- No L 367/22                         Official Journal of the European Communities                           31 . 12. 76
The reaching of a ceiling shall foe determined at                                       Article 2
Community level on the basis of imports set off
against it in the manner defined in the preceding              From 1 January until 31 December 1977, imports
subparagraphs.                                                 of the products referred to in Annex II which
                                                               originate in Portugal shall be subject to Community
                                                               supervision.
The Member States shall periodically (inform the               Member States sihall forward to the Commission
Commission of imports effected in accordance with              not later than the 15th day of each month statements
the above rules ; such information shall be supplied           of imports of tihe products in question effected
under the conditions laid down in paragraph 4.                 during the preceding month ; to this end, only
                                                               products submitted DO the customs authorities under
                                                               cover of a declaration that they have been made
3 . As soon as the ceilings have been reached,       the       available for consumption and accompanied by a
Commission may issue a Regulation raimposing         the       movement certificate conforming to the rules
customs duties provided for in Article 2 (7)          of       contained in Protocol 3 to the Agreement shall be
                                                               taken into consideration.
Protocol 1 to the Agreement until the end of         the
calendar year.
                                                                                        Article 3
                                                               For the implementation of this Regulation the
4. Member States shall forward to the Commission               Commission shall take all necessary measures in
not later than the 15-tlh day of each month statements         close cooperation with the Member States.
of the amounts set off during the preceding month.
They sihall, if the Commission so requests, make up                                     Article 4
such statements for periods of 10 days and forward
them within ifive clear days of expiry of the preceding        This    Regulation     shall    enter into force     on
10-day period.                                                 1 January 1977.
              This Regulation shall be binding in its ehtirety and directly applicable in all Member
              States.
              Done at Brussels, 21 December 1976.
                                                                                  For the Council
                                                                                    The President
                                                                            A. P. L. M. M. van der STEE
 ---pagebreak--- 31 . 12. 76                   Official Journal of the European Communities                 No L 367/23
                                                   ANNEX 1
            LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION
                                                     IN 1977
     Order        CCT                                                                           Level
       No     heading No                      Description                      NIMEXE code    of ceiling
                                                                                            ( metric tons )
        1          2                              3                                   4            5
     I P 1      45.02    Natural cork in blocks, plates, sheets or strips  45.02 - all Nos     ceiling
                         (including cubes or square slabs, cut to size for                    delayed
                         corks or stoppers)
     I P 2      45.03    Articles of natural cork                          45.03 - all Nos     11 817
     I P 3      55.05    Cotton yarn, not put up for retail sale           55.05 - all Nos     10 260
     I P 4      56.07    Woven fabrics of man-made fibres (discon­         56.07 - all Ños      2 905
                         tinuous or waste)
      I P 5     59.04    Twine, cordage, ropes and cables, plaited or not  59.04 - all Nos     10 271
      I P 6     60.04    Under garments, knitted or crocheted , not        60.04 - all Nos     ceiling
                         elastic or rubberized                                                delayed
      I P 7      60.05   Outer garments and other articles, knitted or     60.05 - all Nos         885
                         crocheted , not elastic or rubberized
      IP 8       61.01   Men's and boys' outer garments                    61.01 - all Nos      1 110
      I P 9      61.02   Women's, girls' and infants' outer garments       61.02 - all Nos         339
     IP 10       61.03   Men's and boys' under garments, including         61.03 - all Nos      1 285
                         collars, shirt fronts and cuffs
     IP 11       61.04   Women's, girls' and infants' under garments       61.04 - all Nos         108
                                                                                        ;
 ---pagebreak--- No L 367/24                Official Journal of the European Communities                                 31 . 12. 76
                                                  ANNEX II
                       LIST OF PRODUCTS REFERRED TO IN ARTICLE 2
   Order       CCT
     No                                              Description                               NIMEXE code
            heading No
      1          2                                        3                                           4
   IIP 1      45.04    Agglomerated cork (being cork agglomerated with or without          45.04 - all Nos
                       a binding substance) and articles of agglomerated cork
   11 P 2     56.05    Yarn of man-made fibres (discontinuous or waste), not put           56.05 - all Nos
                       up tor retail sale
   II P 3     57.10    Woven fabrics of jute or of other textile bast fibres of heading    57.10 - all Nos
                       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