CELEX: 31978R0702
Language: en
Date: 1978-03-20 00:00:00
Title: Council Regulation (EEC) No 702/78 of 20 March 1978 establishing indicative ceilings and Community supervision for imports of certain products originating in Portugal (1978)

14 . 4 . 78                               Official Journal of the European Communities                              No L 102/21
                                          COUNCIL REGULATION (EEC) No 702/78
                                                        of 20 March 1978
               establishing indicative ceilings and Community supervision for imports of certain products
                                                   originating in Portugal ( 1978 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             adequate measures to reintroduce customs tariff duties
                                                                      whenever one of the ceilings has been reached;
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 113
                                                                      Whereas the trend of imports should be followed for
 thereof,                                                             certain products for which, under Article 2 of Protocol
                                                                      1 , the Community has suspended the application of ceil­
                                                                      ings and for products which are not subject to the ceil­
 Having regard to the proposal from the Commission,                   ing system; whereas it is therefore desirable that imports
                                                                      of such products should be subject to supervision,
 Whereas an Agreement ( 1) between the European
 Economic Community and the Portuguese Republic was
                                                                     HAS ADOPTED THIS REGULATION :
 signed on 22 July 1972 ;
                                                                                              Article 1
 Whereas Articles 1 and 2 of Protocol 1 annexed to that
 Agreement make provision for a specific timetable for
 the progressive abolition of customs duties in respect of             1 . From 1 January to 31 December 1978 , imports of
 the products to which the Agreement applies; whereas                 products originating in Portugal and indicated in Annex
 under Article 2 of that Protocol the imports of these                I to this Regulation shall be subject to indicative ceilings
                                                                      and to Community supervision.
 products are limited to annual indicative ceilings above
 which the customs duties applicable to third countries
 may be reintroduced ; whereas, however, under Article 2              The description of the products referred to in the pre­
 (2), the Community has to suspend the application of                 ceding subparagraphs, their tariff headings and statisti­
 certain ceilings ; whereas, therefore, the ceilings to be            cal numbers and the levels of the indicative ceilings are
 applied in 1978 must be established ; whereas in this                given in Annex I.
 situation it is also necessary that the Commission be
 regularly informed of the trend of the imports of the
 products in question and, in consequence, it is necessary            2 . Amounts shall be set off against the indicative ceil­
 to subject these imports to supervision ;                            ings as and when products are entered with customs
                                                                      authorities for home use and accompanied by a move­
                                                                      ment certificate conforming to the rules contained in
 Whereas this objective may be achieved by means of an                Protocol 3 to the Agreement.
 administrative procedure based on setting off imports of
 the products in question against the indicative ceilings
 at Community level, as and when these products are                   Goods shall be set off against the indicative ceiling only
 entered with the customs authorities for home use;                   if the movement certificate has been submitted before
whereas this administrative procedure must make pro­                  the date on which customs duties are reimposed.
 vision for the reintroduction of Common Customs
Tariff duties as soon as the ceilings have been reached at
 Community level ;                                                   The reaching of a ceiling shall be determined at Com­
                                                                     munity level on the basis of imports set off against it in
                                                                     the manner defined in the preceding subparagraphs.
Whereas this administrative procedure requires close
and particularly rapid cooperation between the Member
States and the Commission; whereas the latter must, in                The Member States shall periodically inform the Com­
particular, be able to follow the progress of amounts set            mission of imports effected in accordance with the
off against the indicative ceilings and keep the Member               above rules; such information shall be supplied under
States informed ; whereas this cooperation must be all                the conditions laid down in paragraph 4 .
the closer since the Commission must be able to take
                                                                     3 . As soon as the ceilings have been reached, the
                                                                     Commission may issue a Regulation reimposing the
                                                                     customs duties provided for in Article 2 (7) of Protocol
(*) OJ No L 301 , 31 . 12 . 1972 , p. 10.                             1 to the Agreement until the end of the calendar year.
 ---pagebreak--- No L 102/22                          Official Journal of the European Communities                                14 . 4 . 78
4 . Member States shall forward to the Commission,               preceding month; to this end, only products submitted
not later than the 15th day of each month, statements of         to the customs authorities under cover of an entry for
the amounts set off during the preceding month. They             home use and accompanied by a movement certificate
shall, if the Commission so requests, make up such               conforming to the rules contained in Protocol 3 to the
statements for periods of 10 days and forward them               Agreement shall be taken into consideration.
within five clear days of expiry of the preceding 10-day
period.
                                                                                         Article 3
                        Article 2                                For the implementation of this Regulation the Com­
                                                                 mission shall take all necessary measures in close coop­
 From 1 January to 31 December 1978 , imports of the             eration with the Member States.
 products referred to in Annex II which originate in
 Portugal shall be subject to Community supervision.
                                                                                         Article 4
 Member States shall forward to the Commission, not              This Regulation shall enter into force on the third day
 later than the 15th day of each month, statements of            following its publication in the Official Journal of the
 imports of the products in question effected during the         European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels, 20 March 1978 .
                                                                                       For the Council
                                                                                         The President
                                                                                         K. HEINESEN
 ---pagebreak--- 14 . 4 . 78                      Official Journal of the European Communities                     No L 102/23
                                                         ANNEX I
             LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION IN 1978
                                                                                                      Level
       Order    CCT
                                                Description                           NIMEXE code  of ceiling
        No   heading No                                                                             (tonnes)
         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 P2    45.03      Articles of natural cork                                 45.03 all Nos     Ceiling
                                                                                                    delayed
      1 P 3   55.05      Cotton yarn, not put up for retail sale                  55.05 all Nos     10 773
      I P4    56.07      Woven      fabrics   of man-made      fibres   ( discon­ 56.07 all Nos       3 050
                         tinuous or waste )
      I P 5   59.04      Twine, cordage, ropes and cables, plaited or not         59.04 all Nos     10 785
      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         929
                         crocheted, not elastic or rubberized
      I P 8   61.01      Men's and boys' outer garments                           61.01 all Nos       1 166
      I P 9   61.02      Women's, girls ' and infants' outer garments             61.02 all Nos         356
     IP 10    61.03      Men's     and    boys'   under garments,     including   61.03 all Nos     Ceiling
                         collars, shirt fronts and cuffs                                           delayed
     I P 11   61.04      Women's, girls ' and infants' under garments             61.04 all Nos          113
 ---pagebreak--- No L 102/24                   Official Journal of the European Communities                               14. 4 . 78
                                                   ANNEX II
                            LIST OF PRODUCTS REFERRED TO IN ARTICLE 2
    Order      CCT
                                                     Description                               NIMEXE code
     No     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
  II P 2     56.05     Yarn of man-made fibres (discontinuous or waste), not put          56.05 all Nos
                       up for retail sale
  IIP 3      57.10     Woven fabrics of jute or of other textile bast fibres of heading   57.10 all Nos
                       No 57.03
  IIP 4      62.02     Bed linen , table linen, toilet linen and kitchen linen ; curtains 62.02 all Nos
                       and other furnishing articles