31976R0091

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 cooperation must be all the closer since the Com­ Having regard to the proposal from the Commission, 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 fore desirable that imports of such proudcts should this Agreement make provision for a specific time­ be subject to supervision, table for the progressive abolition of customs duties 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 indicative ceilings and to Community supervision. informed of the trend of the imports of the products 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 ceilings are given in Annex I. Whereas this objective may be achieved by means of an administrative procedure based on setting off imports of the products in question against the 2. Amounts shall be set off against the indicative indicative ceilings at Community level, as and when ceilings as and when products are submitted to the these products are submitted to the customs auth­ customs authorities under cover of a declaration that orities under cover of declarations that they have they have been made available for consumption and been made available for consumption ; whereas this 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

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 imports of the products in question effected during The Member States shall periodically inform the the preceding month ; to this end, only products Commission of imports effected in accordance with submitted to the customs authorities under cover the above rules ; such information shall be supplied of a declaration that they have been made available under the conditions laid down in paragraph 4. 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 consideration. Commission may issue a Regulation reimposing the 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 mission shall take all necessary measures in close 4. Member States shall forward to the Commission cooperation with the Member States . not later than the 15th day of each month statements 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

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 61.01-all Nos 1 009 Men's and boys' outer garments

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

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