31976R3050

' No L 350/92 Official Journal of the European Communities 20. 12. 76

COUNCIL REGULATION (EEC) No 3050/76 of 9 December 1976 opening, allocating and providing for the administration of a Community tariff quota for certain textile fibres falling within heading No 56.04 of the Common Customs Tariff, originating in Cyprus ( 1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, States ; wheres Annex I to the Agreement provides that the duties applicable to the quota shall be equal to 30% of the Common Customs Tariff duties ; whereas as regards the duties to be applied to the quota by the new Member States, the special Having regard to the Treaty establishing the provisions of the Protocol and of the Act of European Economic Community, and in particular Accession (3) must be respected ; whereas to comply Article 113 thereof, with the special provisions of the Protocol, separate arrangements should be made for the Member States of the Community as originally constituted on the Having regard to the proposal from the Commission, one hand, and for the new Member States on the other;

Whereas the Agreement establishing an association between the European Economic Community and the Whereas it is in particular necessary to ensure for all Republic of Cyprus ( J ), hereinafter called 'the Agree­ Community importers equal and uninterrupted access ment', and the Protocol laying down certain pro­ to the abovementioned quota and uninterrupted visions concerning that Agreement as a result of the application of the rates laid down for that quota to accession of new Member States to the European all imports of the products concerned into all Economic Community (2), hereinafter called 'the Member States until the quota has been used up ; Protocol', provide for the opening of an annual Com­ whereas, having regard to the principles mentioned munity tariff quota of 100 metric tons of man-made above, the Community nature of the quota can be fibres ( discontinuous or waste), carded, combed or respected by allocating the Community tariff quota otherwise prepared for spinning, falling within among the Member States ; whereas, in order to heading No 56.04 of the Common Customs Tariff, reflect more accurately the actual development of the originating in Cyprus ; whereas, however, the first market in the products concerned, such allocation stage of the Agreement ends on 30 June 1977 ; should be in proportion to the needs of the Member whereas the Community intends to maintain its States , assessed by reference to both the statistics of trading relations with that country ; whereas the each State's imports of the said goods from Cyprus provisions governing the second half of 1977 should over a representative reference period and the not be less favourable than those laid down for the economic outlooks for the quota period concerned ; first ; whereas in order not to disrupt trading patterns for the products in question, the tariff quota should be opened for the whole of 1977 ; Whereas, however, during the past three years no such products originating in Cyprus have been imported either into the Community as originally Whereas, pursuant to the joint declaration on constituted or into any of the new Member States ; Article 2 of the Protocol, the tariff quota should be whereas no forecast can be made for 1977 ; whereas allocated among the Member States as follows : to ensure fair distribution of the two quota amounts 70 metric tons for the Community as originally between the Member States concerned each Member constituted and 30 metric tons for the new Member State should make a significative contribution to the relevant quota amount ; whereas such contributions

(») OJ No L 133 , 21 . 5 . 1973, p. 1 . (2) OJ No L 133, 21 . 5. 1973, p. 88. (8) OJ No L 73, 27. 3 . 1972, p. 14.

20. 12. 76 Official Journal of the European Communities No L 350/93

may approximately correspond to the following administration of the quota shares allocated to that percentages : economic union may be carried out by any of its members, Benelux 19 Germany 27 HAS ADOPTED THIS REGULATION : France 29 Italy 25 Denmark 33 Article 1 Ireland 27 United Kingdom 40 From 1 January until 31 December 1977, a tariff quota of 100 metric tons shall be opened within the Community in respect of man-made fibres (discon­ Whereas, in order to take into account import trends tinuous or waste), carded, combed or otherwise for the products concerned in the different Member prepared for spinning, falling within heading No States, each of these amounts should be divided into 56.04 of the Common Customs Tariff, originating in two instalments, the first instalments being allocated Cyprus . This quota shall be allocated and adminis­ among the Member States and the second forming tered in accordance with the provisions set out below. reserves intended ultimately to cover the requirements of the Member States which have used up their initial quota shares ; whereas, in order to ensure a certain Article 2 degree of security to importers in each Member State, the first instalments of the Community quota should 1 . The Common Customs Tariff duties shall be be determined at a level which, under present partially suspended at the rates indicated below in circumstances, may be approximately 75 and 70% of respect of 70 metric tons of the quota referred to in the quota amount respectively ; Article 1 .

Whereas the initial shares of the Member States may Rate of duty CCT be used up at different times ; whereas, in order to heading Description No ( % ) take this fact into account and avoid any break in continuity, it is important that any Member State having used up almost the whole of its initial share 56.04 Man-made fibres (dis­ should draw an additional share from the relevant continuous or waste), reserve ; whereas, this must be done by each Member carded, combed or State as and when " each of its additional shares is otherwise prepared for almost entirely used up, and repeated as many times spinning : as the reserves allow ; whereas the initial and additional shares must be available for use until the A. Synthetic textile fibres 2-5 end of the quota period; whereas this method of administration calls for close cooperation between B. Regenerated textile Member States and the Commission, which must, in fibres 3-0 particular, be able to observe the extent to which the quota amounts are used and inform Member States thereof; 2. Within the limits of 30 metric tons of the quota referred to in Article 1 , the new Member States shall apply the duties laid down in the relevant provisions Whereas if, at a specified date in the quota period, of the Act of Accession, the Agreement and the a considerable balance remains in one or other Protocol . Member State, it is essential that that Member State pays a large amount of it back into the reserve, in order to avoid a part of the tariff quota remaining Article 3 unused in one Member State when it could be used in others ; 1 . A first instalment, amounting to 52 metric tons of the amount specified in Article 2 ( 1 ), shall be Whereas, since the Kingdom of Belgium, the Kingdom allocated among the Member States of the Com­ of the Netherlands and the Grand Duchy of Luxem­ munity as originally constituted; the shares, which bourg are united in and represented by the Benelux subject to Article 6 are valid until 31 December 1977, Economic Union, any measure concerning the shall be as follows :

No L 350/94 Official Journal of the European Communities 20. 12. 76

Germany 14 metric tons, inform the Commission of the reasons which led them to apply this paragraph. Benelux 10 metric tons, France 15 metric tons, 13 metric tons. Article 5 Italy

The second instalment of 18 metric tons shall Each of the additional shares drawn pursuant to constitute the relevant reserve . Article 4 shall be valid until 31 December 1977.

2. A first instalment, amounting to 21 metric tons Article 6 of the amount specified in Article 2 (2), shall be allocated among the new Member States ; die shares, wihich subject to Article 6 are valid until 31 December The Member States shall return to the reserve, not 1977, shall be as follows : later than 1 October 1977, the unused portion of their initial shares which, on 15 September 1977, are in excess of 20% of the initial amounts. They may Denmark 7 metric tons, return greater portions if there are grounds for Ireland 6 metric tons, believing that such portions may not be used in full. United Kingdom 8 metric tons . The Member States sihall, not later than 1 October 1977, notify the Commission of the total imports of The second instalment of nine metric tons shall constitute the relevant reserve. the said goods effected up to and including 15 September 1977 and charged against the Com­ munity quota and, where appropriate, the pro­ portions of their initial shares that are being returned Article 4 to the relevant reserve.

1 . If 90% or more of the initial share of a Member Article 7 State laid down in Article 3 , or 90% of that share less the amount returned into the relevant reserve where The Commission sha'll keep an account of the shares the provisions of Article 6 have been applied, has opened by the Member States in accordance with been exhausted, that Member State shall proceed Articles 3 and 4 and shall inform each State of the without delay, by notifying the Commission, to draw extent to which the reserves have been used up as a second share, equal to 15% of its initial share, soon as it receives the notifications . rounded up to the next unit where appropriate, to the extent that the relevant reserve is sufficient. The Commission shall, not later than 5 October 1977, notify the Member States of the amounts in the 2. If, after its initial share has been exhausted, 90% reserves after the return of shares pursuant to or more of the second share drawn by a Member Article 6. State has . been used, that Member State shall proceed, in accordance with the conditions laid down in para­ The Commission shall ensure that any drawing which graph 1 , to draw a third share, equal to 7-5% of its uses up one or the other reserve is limited to the initial share, rounded up to the next unit. balance available and, for this purpose, shall specify the amount thereof to the Member State which makes the last drawing. 3 . If, after its second share has been exhausted, 90% or more of the third share drawn by a Member State has been used, that Member State shall proceed, in Article 8 the same way, to draw a fourth share equal to the third. 1 . The Member States shall take all appropriate measures to ensure that when additional shares are This process shall be applied until the relevant reserve drawn pursuant to Article 4 it is possible for charges is exhausted. to be made without interruption against their accumulated sthares of the Community quota. 4. Notwithstanding paragraphs 1 , 2 and 3, a Mem­ ber State may proceed to draw shares smaller -than 2. The Member States shall ensure that importers those fixed in those paragraphs if there is reason to of the said goods established in their territory have believe that they might not be used up. They shall free access to the shares allocated to them .

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3 . The Memiber States shall charge imports of the Article 10 said goods against their share as and when the goods are entered for home use. The Member States and the Commission shall 4. The extent to which a Member State has used up cooperate closely in order to ensure that this its share shall be determined on the .basis of the Regulation is observed. imports charged in accordance with paragraph 3 .

Article 9 Article 11 On receipt of a request from the Commission, Member States shall inform it of imports actually This Regulation shall enter into force on 1 January charged against their shares. 1977 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 9 December 1976.

For the Council

The President P. J. J. MERTENS