CELEX: 51973PC0298
Language: en
Date: 1973-02-23
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for certain textile fibres falling within heading 56.04 of the Common Customs Tariff, originating in the Republic of Cyprus#Proposal for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for men's and boys outer garments falling within heading 61.01 of the Common Customs Tariff, originating in the Republic of Cyprus (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 298
Vol. 1973/0047
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(73)296 final
                                                    Brussels , 23 February 1973
                                Proposal for a
                       REGULATION (EEC ) OP THE COUNCIL
       on the opening , allocation and administration of a Community
       tariff quota for certain textile fibres falling within heading
       56.04 of the Common Customs Tariff , originating in the
                             Republic of Cyprus
                                Proposal for a
                       REGULATION (EEC ) OF TEE COUNCIL
       on the opening , allocation and administration of a Community
       tariff quota for men 's and boystouter garments falling within
       heading 61.01 of the Common Customs Tariff , originating in the
                             Republic of Cyprus
                  ( submitted to the Council by the Commission)
   COM(73)298 final
 ---pagebreak---                                                                 ANNEX A
                                   Proposal for a
                            REGULATION ( EEC ) OF THE 'COUNCIL
            011 the opening , allocation and administration of a Community
            tariff quota for certain textile fibres falling within
            heading ^6 . Ok of the Common Customs Tariff , originating in
            the Republic of Cyprus
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 Agreement ^ establishing an Association between the European
                                                                          (2)
Economic Community and the Republic of Cyprus and the Protocol                laying
down certain provisions concerning that Agreement , in consequence of the
accession of new Member States to the European Economic Community provide
for the opening of an annual Community tariff quota of 110 metric *5 tons
of man-made fibres ( discontinuous or waste ), carded , combed or otherwise
prepared for spinning : falling , within heading 56.0k of the Common Customs
Tariff , originating in Cyprus ; whereas under the Protocol the tariff
quota should be allocated among the Member States . as follows : 70 tons
for the Community as originally constituted and 30 tons for the new
Member States ; whereas Article 1 of Annex 1 to the Agreement provides
that the duties applicable to the quota shall be equal to J>0% of the
Common Customs Tariff duties ; whereas as regards the duties to be
applied to the quota by the new Member States , the special provisions
of the Protocol and of the Act^^ concerning the conditions of accession
        ...     i-.r ;. .
                                                             m m •/ 1 • •
(1 ) OJ No
( 2) OJ No
 (3 ) OJ No
 ---pagebreak---                                          -2-
                                                            ANNEX A
and the adjustments to the Treaties should be observed ; whereas a
Community tariff quota of 100 metric tons - should be opened in respect
of the aboveiaentioned products ; whereas vto 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 one
hand and for the new Member States on the other hand ;
Whereas , as regards in particular the Community as originally constituted :
- equal and continuous access to the quota should be ensured for all
   importers and quota duties should be applied consistently to all imports
   of the products in question until the quota is used up ;
- in the light of the principles elicited above , the Community nature
   of the quota may best be preserved by an arrangement allocating it
   among the Member States ; whereas in order to reflect most accurately
 ; the actual development of the market £n the products in question,'
   such allocation should be proportionate to the requirements of the
   Member States , calculated both from statistics of each State 's imports
   originating in fee Republic of Cyprus over a representative reference
  •period and . from the " economic outlook for the quota period in question ;
- however , in view of the fact that during the. last three years no
   products originating in Cyprus have been imported and no forecast can
   be made for 1973i an initial share percentage of 2$% allocated to
   each of the Member States concerned would ensure a fair distribution
   among themj
                                                             •  • •
 ---pagebreak---                                    -3-                  c
                                                        ANNEX A
in order to take account of       iaport trends for the products in question in
the Member States concerned , the quota amount should be divided into
two tranches , the first tranche being allocated anong those Member
States , and' the second forming a reserve intended to cover the later
requirements of the Member States which have used up their initial
         4
quota shares ; whereas , in order to ensure a certain degree of security
to importers in each Member State , the* first tranche of the quota
should be fixed , in this case , at approximately 75%',                  -
the initial quota shares of the Member States concerned may be used up
at different rates ; whereas , therefore , to avoid' any interruption in
supply , a Member State which has almost used up its initial quota
share must draw an additional quota share from, the ; reserve ; whereas
this must be done by each Member State as each of its additional
quota shares , is almost used up ,, and as many times as the Preserve allows ;
whereas the initial and additional quota shares .must be valid until
the end cf the quota period ; vhereas tliis method , of administration
calls for close collaboration between Member States and the Commission ,
which must , in particular , be able to observe the extent to \;hich the
quota amount has been used up and inform Member States accordingly ;
if , at a given date . in the\ quota period , a considerable quantity of
the initial quota share is left over in a Member state , that Member
Member State must transfer a significant portion of it back into the
 ---pagebreak---                                                           ANNEX A
   reserve , to prevent part of the quota allocated to the Community as
   originally constituted from remaining unused in one Member State when
   it could be used in others ;
- since the Kingdom of Belgium t the Kingdom of the Netherlands and the
   Grand' Duchy of Luxembourg are Jointly represented by the Benelux
                       ?.                     •   . <          »
   Economic Union , any ■ measures concerning the administration of shares
   granted to that Economic Union may be carried out by one of its members ;
Whereas as regards in particular the new Member States :
- pursuant to the Protocol laying down , certain provisions , concerning
   the Agreement establishing an Association between the European Economic
   Community and the Republic of Cyprus , in consequence of the accession
   of new Member States . to the European Economic Community , a quota of
   30 metric tons is assigned in gross to the new Member States ; . whereas
   the allocation of this amount among them is dependent upon a situation
   which , as regards antecedents and forecasts , is comparable to that
   facing the Member States of the. Community as originally constituted ;
 . whereas therefore the quota should also be allocated among the new
   Member States in equal shares ;
- the quota duties are to be calculated by. the new Member States in
   accordance' in particular with , Articles 3 »,      6 and 7 of the Protocol ;
- equal ; and continuous access1 to the quota should be ensured for "all
   importers and quota duties should be applied consistently to all imports
   of the products in question until the quota is used up ;
HAS ADOPTED THIS REGULATION :         "■                                ' ,
                                   Article 1
A Community tariff quota of 100 metric tons is opened within the European
Economic Community for the period 1 March to 31 December 1973 in respect
of man-made fibres ( discontinuous or waste ), carded , combed or othervri.se
prepared for spinning , falling within heading 56.04- of the Common Customs
Tariff , originating in Cyprus .      This quota shall be allocated and
administered in accordance with the following provisions :
 ---pagebreak---                                        -5-
                                                          ANNEX A
     PROVISIONS APPLICABLE TO THE COMMUNITY AS ORIGINALLY CONSTITUTED
                                   Article 2
The Common Customs Tariff duties are partially suspended at the rates
indicated below in respect of 70 metric tons of the quota referred to
in Article 1 :
    Conmon Customs                                                 Rate of
       Tariff             Description of goods                      duty
    heading No                                                       %
        56.04         Man-made fibres ( discontinuous
                      or waste ), carded , combed or
                      otherwise prepared for spinning :
                      A. Produced ;by polymerization . or
                          condensation of organic monomers          2.5
                      B. Produced by chemical transformation
                          of natural organic polymers               3.0
                                   Article 3
1 »; A first-  tranche amounting to 52 metric tons of the amount specified
     in Article 2 , is allocated among the Member States ; the shares which ,
     subject to Article 6 , are valid until 31 December 1973 » are as follows :
                           Germany       13 tons
                           Benelux       13 tons .
                           France        13 tons ;
                         . Italy -       13 tons.
2 . The second tranche , arcDunting to 18 metric tons , constitutes the reserve .
 ---pagebreak---                                                           ANNEX A
                                   Article k
1 . If 90% or more of a Member State 's initial quota-share as specified
    in . Article 3(1 ) » or of that share minus the portion returned to the
    reserve where Article 6 is applied , has been used up , that Member
    State shall without delay , by notifying the Commission , draw a
    second quota-share , to the extent that the reserve is sufficient ,
    equal to 1$% of its initial quota-share , rounded up where necessary
    to the next unit .                               v  .
2 . If , after its initial quota-share has been used up , 90% or more of
    the second quota-share drawn by a Member State have been used up ,
    that Member State shall , by notifying the Commission ," draw a third
    quota-share , to the extent that the reserve is sufficient , equal to
    7*5% of its initial quota-share , rounded up where necessary to the
    next unit .                        ;
3 « If , after its second quota-share has been used up , 90$ or more of
    the third quota-share drawn by a Member State has been used up ,. that
    Member State shall , in accordance with the provisions of paragraph 2 ,
    draw a fourth quota-share equal' to the third .
    This process is continued until the reserve is used up .
4 . Notwithstanding paragraphs 1 to 3 > a Member State may draw quota-shares
    lower than those fixed in those paragraphs if there are grounds for
    believing that those fixed may not be used up . 'It shall inform the
    Commission of its reasons . for - applying this paragraph . - ' :i
                                   Article 5
Additional quota-shares drawn pursuant to Article k are valid until
31 December 1973 *
 ---pagebreak---                                        -7-
                                                        ANNEX A
                                   Article 6
A Member State -. which on 15 September 1973 has not used up its initial
quota-share shall return to the reserve not later than 10 October 1973
the unused portion exceeding 20% of the initial amount .      It may return
a greater portion if there are grounds for believing that it may not be
used up .
Member States shall ,, not later than 10 October 1973 , notify to the
Commission the total quantities of the products in question imported
up to and including 15 September 1973 and charged against the Community
quota and any quantities returned to the reserve .
The Commission shall keep an account of the quota-shares opened by the
Member States pursuant to Articles 3 and k and shall , as soon as
information reaches it , inform each state of the extent to which the
reserve has been used up .
It shall * not later than 15 October 1973i inform the Member States of
the amount still in reserve after returns have been made pursuant to
Article 6 .                  •. ..
It shall ensure that the drawing which uses up the reserve is limited
to the balance ."available and to this end shall specify the amount
thereof to the Member State making the "last drawing .
                                   Aeticle Ô ,
Member States shall take all measures necessary to ensure that the
additional quota-shares taken up under Article k are so drawn as to
allow for uninterrupted charges , against their accumulated, shares of
the Community quota .                      .
                                                          • «  • • •
 ---pagebreak---                                      -8 -                 UIJ, JJ / ... .
                                                          ANNEX A
                                Article 9
1.    Member States shall ensure that the shares allocated to them are
      freely accessible to importers of the products concerned established
      in their territory . '                                           .
2.    Member States shall charge imports of the products in question
      against their quota-share as the products are presented for
      customs clearance under declarations of entry for consumption .
3-    The exteiit to which the Member States' shares have been used up
      shall bev ascertained from the imports charged under paragraph 2 .
                                Article 10
Member States shall regularly inform the Commission of the imports
originating in the Republic of Cyprus actually charged against their
quota-shares .    "
                                Article, 11 •
Member States and the Commission shall collaborate closely in order to
ensure that::the provisions of this Regulation are observed .
           ' PROVISIONS APPLICABLE TO THE NEW MEMBER 'STATES        "•
                                Article 12
A quantity of 30 metric tons of the quota referred . to in Article . 1 is
allocated among the new Member-'States as follows :
             •  "    Denmark      ; ■-■■■ 10 metric tons        '/■-
                     Ireland              10 metric tons
                     United "Kingdom      10 metric tons.
                                Article 13
The new Member Spates shall apply quota duties which conform with the
relevant provisions of the Agreement establishing an Association between
 ---pagebreak---                                     - 9-                 JV  /
                                                       ANNEX A
the European Economic Community and the Republic of Cyprus , of the
Protocol laying down certain provisions concerning that Agreement and
of the Act concerning the conditions of accession and the adjustment
to the Treaties .
                                Article l*f
Articles 9 , 10 and 11 of this Regulation apply to ±h.e nev Member States .
                                Article 15
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the Europe an Communities .
This Regulation 3 hall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,           19– •
                                               For the Council
                                               The President
 ---pagebreak---                                                            Annex B
                               Proposal for a •
                     REGULATION ( EEC ) OF THE COUNCIL
      on . the opening , allocation and administration of a Community
      tariff quota for men 's and boys' outer garments falling within
      heading 6l »01 of the' Common Customs Tariff , originating in the
      Republic of Cyprus
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 Agreement        establishing an . association between the
European Economic Community . and the Republic of Cyprus and the .
           (2) , .     , .
Protocol       laying down certain provisions concerning that Agreement
                                               . J
in consequence of the accession of new Member States, to the European .
Economic Community provide for the opening of em annual Community
tariff quota of 500 metric tons of men 's an.d boys' outer garments
falling within heading 61.01 of the Common Customs Tariff , originating
in Cyprus ; whereas under the Protocol the tariff quota should be        ,
allocated among the Member States as follows : 100 tons for the
Community as originally constituted and ^00 tons for the new Member
States ;    whereas Article 1 of Annex 1 to the Agreement provide that
the duties applicable to the quota shall be equal to J>Q% of the
Common Customs . Tariff duties ; whereas as regards the duties to be
applied to the quota by the new Member States , the special provisions
of the Protocol and of the Act concerning conditions of accession and
the adjustments to Treaties should be observed ; whereas a Community
tariff quota of 500 metric tons should be opened in respect of the
abovementioned products ; whereas to comply with the special provisions
Woj No
;,( oj No
^'OJ No
 ---pagebreak---                                       – 2 -   .              X&'tyj. 73--
                                                4 «
                                                           Annex B
of the Protocol , separate arrangements should he made for the Member
States of the Community as originally constituted on the one hand and
for the new Member States on the other hand ;
Whereas as; regards ^ in particular the Community as originally constituted
- equal and continuous access to the e^uota should be ensured for all ■
   importers and quota duties should be applied consistently to all 1 •
   imports of the products in question until the quota is used up ;
•• in the light of the principles elicited _ above , the Community nature
   of the quota may best be preserved by an arrangement allocating it
   among the Member States ;    whereas in order to reflect mo3t accurately
   the actual development oif the market in the products in question ,
   such allocation should be proportionate - to . the requirements of the ;
   Member States , j calculated both- from statistics of each state 's .
   imports fromiCyprus over a representative reference period and from
   the economic outlook for the quota period concerned ;
- however , in view of the fact that during the last three years no . ..    v
   products originating in Cyprus have been imported and no forecast
   can be made for 1973 1 an initial share percentage of 25% allocated
   to each of. the Member States concerned^ would ensure a fair
   distribution among them ;.
 ---pagebreak---                                    - 3 -                   '■·      "·
                                                         Annex B
in order to take account of import trends for the products in
question in the Member States concerned , the quota amount should be
divided into two tranches , the first tranche being allocated among .
those Member States , and the second forming a reserve intended to
cover the later requirements of the Member States which have used up
their initial • quota shares , in order to ensure a certain degree of
security to importers in each Member State , the first tranche of
the quota should be fixed , in this case , at approximately 7.5$ ;
the initial quota shares of the Member Statue concerned ~may be used .
up at different rates ; whereas therefore , to avoid any interruptien
in supply , a Member State which has almost used up its initial quota
share must draw an additional quota share from the reserve ;
whereas this must be done by each Member State as e^ch of its "
additional quota shares is almost used up , and as many, times as
the reserve allows ; whereas the initial and additional quota shares
must be valid until the end of the quota period ; ■ whereas this
method of administration calls for close collaboration between
Member States and the Commission ,, which must , in particular , he ..
able to observe the extent to which the quota amount is used up
and inform Member States accordingly ;              ■
if , at a giyen date in the quota period , ,; ar considerable quantity of
the initial quota share is left over in a Member State , that Member
State must transfer a significant proportion of it back into the
reserve to prevent part of the quota allocated to the Community as
originally constituted from remaining unused in one Member State-
when it could be used in others ;,                             •; .
since the Kingdom of Belgium!., .'..the Kingdom of the Netherlands and
the Grand Duchy , of Luxembourg", are . joiatly represented by the
Benelux Economic . Union , any measure concerning the administration
of shares granted to that Economic Union may he carried out by one
of the members ;. ■ - % ■ t  /..!    '•••:• '• " V.                    •
 ---pagebreak---                                                                               Annex B
Whereas ,: as regards in particular the new' Member States :                               f
 - pursuant to the Protocol laying down certain provisions concerning
    the Agreement establishing an Association between the European
   Economic Community and the Republic of Cyprus in consequence of the
   Accession of new Member States to the European, Economic Community
   *f00 metric tons are allocated to the new Member States ; . whereas the
   same general criteria for allocation as those used for the .Member
   States of the Community as originally constituted should be applied ;
   whereas however the United Kingdom has been the sole importer of
   products from Cyprus , importing up to 78 700 u . a . in 1970 and
   211^00 u.a . in 1971 ? ' whereas in view of these factors and the need
, to ensure a fair allocation among those Member States of the
   ^■00-toeti'ic t^ns in question , the percentage shares of that quantity
   can be established as follows :                           '                   '
        ->y   „•          •           Denmark              1.5        ' ''
                           ■          Ireland    : •       15
                        ;      . ; - United Kingdom        70
- the quota' dii ties - are - to be calculated by 'the new Member 'States in
   accordance 'with Articles 3,'^j 5"» 6 'and 7 of the Protocol cited above
- equal and continuous access to the qtlota should be ensured for all
   importers and quota duties should be applied consistently to all -
   imports- of the products in, ^question until the quota is used upj
HAS - -ADOPTED THIS REGULATION:                          ^     ' ''                 "
                      •'     •' •< '' c   - Artioie 'l
A Community tariff quota of ,500 metric tons is opened within the
European Economic Community for the period T March to ,31 December 1973
in respect of men 's and boys ! outer garments falling; within heading
6l.0i; of the Common Customs Tariff originating in Cyprus .? . . 1?his quota
shall , be allocated an4 administered in accordance with .the - provisions
set out below .                   ,v ,        -jJ; i_ •;        U1 C.      'J •:               ^ ' *:
Provisions applicable to the Community as originally constituted
                                            Article 2                                                 1
The Common Customs Tariff duties are partially suspended at the rate of
            t  *
5»1% in respect of 100 metric tons of the quota referred to in
Article 1 .
                                                                                   • • •/ • • •
 ---pagebreak---                                                       Annex B
                             Article 3
   A first tranche amounting to 72 metric tons of the amount
   specified in Article 2 , is allocated among the Member States ;
   the shares which , subject to Article 6 , are valid until
   31 December 1973 > are as follows :      - -   -
                          Germany       18 tons
                        ' Benelux       18 tons
                          France        18 tons
                          Italy         18 tons .
   The second tranphe , amounting to 28 metric tons , constitutes the
  reserve .                      .  .
                             Article 4
   If 90% or more of a Member State 's initial quota-share as
   specified in Article 3(1 )? or of that share minus the portion
' returned to the -: reserve where Article 6 is applied , has been
  used Up , that Member State shall Without delay , by notifying
   the Commission , draw a second quota-share , to the extent that
   the reserve is sufficient , equal to 15% of its initial
   quota-share , rounded up where necessary to the next unit .
  If , after its initial quota-share has been used up , 90% or
  more of the second quota-share drawn by a Member State: have "
  been used up , that Member State shall , by notifying the
  Commission ^ dravr a third quota-shard , to the extent that
   the reserve is sufficient , equal-,.to 7*5% of its initial
   quota-share , rounded up where necessary to the next unit .
  If , after its second ..quota-share has. been used up , 30% or
  .more of the third quota-share drawn by a Member State has        'r
 ---pagebreak---                                        ■» 6 -•              .       »
              .      .                                     Αητοχ Β
     been used . up * that Member State shall , in* accordance with the
     provisions of.' paragraph -2 ,;. draw a fourth quota-share equal to
     the thirds               ...c ,                  ■<
     This process is continued until the reserve is used up .
4.   Notwithstanding paragraphs 1 to 3, a Member State may draw
     quota–shares lower than those fixed in those paragraphs if
   > there are grounds for believing that those fixed may not be
     used up .    It shall inform the Commission of its reasons for
     applying this paragraph . ,
                                  Article 5
Additional quota-shares drawn pursuant to , Article       shall be valid
until 31 December 1973-
                                  Article 6
A Member State which on 15 September 1973 has act used up its initial
quota-share shall return to- the reserve not later than 10 October , 1973
the unused portion exceeding '20$ of1 the initial amount .      It may
return a greater portion' if there are grounds for believing that it '
may not be used-up .                       -
Member States shall,' not later than 10 October 1973 ? notify to the'
Commission the total quantities of the products in question imported
up to and including 15 ^September 1973 and charged against ; the .
Community quota and any quantities returned to the reserve*; • .
                                  Article 7
The Commission shall keep an account of the quota-shares opened by
the Member States pursuant to Articles 3 and' 4 and shall , as soon
as information reaches it , inform each state of the 'extent to which
the reserve has been used up .
                                                                  /
 ---pagebreak---                                                        Annex B
It shall , not later than 13 October 1973i inform the Member States of
the amount still in reserve after returns have been made pursuant to
Article 6 .
It shall ensure that the drawing which uses up the reserve is limited
to the balance available and to this end shall specify the amount
thereof to the Member, State making the last drawing .
                               Article 8
Member States shall take all measures necessary to -ensure that the ~
additional quota-shares taken up under Article h are so drawn as to
allow for uninterrupted charges against their accumulated shares of'
the Community quota .
                               Article 9
1.   The Member . States shall ensure that the share allocated to them
     is freely accessible to importers of the products concerned
     established in their territory .
2.   The Member States shall charge imports of the products in
     question against their quota-share as: the products are
     presented for customs clearance under declarations ©f entry    '
     for consumption .         •,  ...
3.   The extent to which the Member States' shares have been used up
     shall be ascertained from the imports charged under paragraph 2 .
                               Article 10
Member States shall regularly inform the Commission of the imports
originating in the Republic of Cyprus , actually charged against their
quota-shares .
                               Article 11
The Member States and the Commission shall collaborate closely in
order to ensure that -the provisions of this Regulation are observed .
 ---pagebreak---                                                                                       Annex B
Provisions applicable to the new Member States
                                        Article 12
A quantity of 400 metric tons of the . quota referred to in Article 1
is allocated among the new Member States as follows :
                    Denmark '                                 60 metric tons •
                    Ireland                  ,          > 60 metric tons
                    United Kingdom                        280 metric tons .
                                        Article 13
The ;neW Member States ' shall apply quota duties which conform with ■ 'the
relevant provisions of the Agreement establishing an association
between the European Economic Community and the Republic of Cyprus ,
of the Protocol laying down certain provisions concerning that
Agreement and of the Act concerning the conditions of accession' and
the adjustment to the Treaties .
                                                  . r    » -i   . •       ' -4      •
                                 f.
                                        Article
                                         "     . i • (. .
                                                          1 ^,"• -
Articles 9t 10 and 11 of this Regulation eepply to the new Member.,-
States               ;                ■    'j               ■ "•               '■
                                        Article 15                                -
This Regulation shall, enter iq.to . force on the . third , day following its
publication in the Official Journal of the European Communities .
This Regulation is binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,                                   • . ••
                         < ... . J -.                               .. For the Council
                                                                       The President