31976R3051

No L 350/96 Official Journal of the European Communities 20. 12. 76

COUNCIL REGULATION (EEC) No 3051/76 of 9 December 1976 opening, allocating and providing for the administration of a Community tariff quota for men's and boys' outer garments falling within heading No 61.01 of the Common Customs Tariff, originating in Cyprus ( 1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, States ; whereas Annex 1 to the Agreement provides that the duties applicable to che 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 pro­ Having regard to the Treaty establishing the visions of the Protocol and of the Aot of Accession (3 ) European Economic Community, and in particular must be respected ; whereas to comply with the Article 1 13 thereof, special provisions of the Protocol, separate arrange­ ments 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 ; Having regard to the proposal from the Commission,

Whereas it is in particular necessary to ensure for all Whereas the Agreement establishing an association Community importers equal and uninterrupted access between the European Economic Community and the to the abovementioned quota and uninterrupted Republic of Cyprus (*), hereinafter called 'the Agree­ application of the rates laid down for that quota to ment', and the Protocol laying down certain pro­ all imports of the products concerned into all visions concerning that Agreement as a result of the Member States until the quota has been used up ; accession of new Member States to the European whereas, having regard to the principles mentioned Economic Community (2), hereinafter called 'the above, the Community nature of the quota can be Protocol', provide for the opening of an annual Com­ respected by allocating the Community tariff quota munity tariff quota of 500 metric tons of men's and among the Member States ; whereas, in order to boys' outer garments falling within heading No 61.01 reflect more accurately the actual development of the of the Common Customs Tariff, originating in market in the products concerned, such allocation Cyprus ; whereas, however, the first stage of the should be in proportion to the needs of the Member Agreement ends on 30 June 1977 ; whereas the Com­ States, assessed by reference to both the statistics of munity intends to maintain its trading relations with each State's imports of the said goods from Cyprus that country ; whereas the provisions governing the over a representative reference period and the second half of 1977 should not be less favourable economic outlooks for the quota period concerned; than those laid down for the 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 into the Community as originally consti­ tuted; whereas a minimal amount has been imported Whereas, pursuant to die joint declaration on into only one of the new Member States ; whereas no Article 2 of the Protocol, the tariff quota should be forecast can be made for 1977 ; whereas to ensure allocated among the Member States as follows : fair distribution of the two quota amounts between the Member States concerned each Member State 100 metric tons for the Community as originally constituted and 400 metric tons for the new Member should make a significant contribution to the relevant quota amount ; whereas such contributions may

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

20 . 12 . 76 Official Journal of the European Communities No L 350/97

approximately correspond to the following that economic union may be carried out by any of percentages : its members,

Benelux 19

Germany 28 HAS ADOPTED THIS REGULATION : France 28 Italy 25 Article 1 Denmark 45

Ireland 3 From 1 January until 31 December 1977, a tariff quota of 500 metric tons shall be opened within the United Kingdom 52 Community in respect of men's and boys' outer garments falling within heading No 61.01 of the Whereas, in order to take into account import trends Common Customs Tariff, originating in Cyprus. This for the products concerned in the different Member quota shall be allocated and administered in accord­ States, each of these amounts should be divided into ance with the provisions set out below. two instalments, the first instalments being allocated among the Member States and the second forming Article 2 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 1 . The Common Customs Tariff duty shall be degreS of security for importers in each Member partially suspended at the rate of 5-1% in respect of State, the first instalments of the Community quota 100 metric tons of the quota referred to in Article 1 . should be determined at a level which, under present circumstances, may be approximately 72 and 50% of 2. Within the limits of 400 metric tons of the quota the quota amount respectively; referred to in Article 1 , the new Member States shall apply the duties laid down in the relevant provisions of the Act of Accession, the Agreement and the Whereas the inital shares of the Memiber States may Protocol . be used up at different times ; whereas, in order to take this fact into account and avoid any break in continuity, it is important chat any Member State Article 3 having used up almost the whole of its initial share should draw an additional share from the relevant 1 . A first instalment, amounting to 72 metric tons of reserve ; whereas, this must be done by each Member State as and when each of its additional shares is the amount specified in Article 2 ( 1 ), shall be allocated among the Member States of the Com­ almost entirely used up, and repeated as many times munity as originally constituted ; the shares, which as the reserves allow; whereas the initial and additional shares must be available for use until the subject to Article 6 are valid until 31 December 1977, shall be as follows : end of the quota period ; whereas this method of administration calls for close cooperation between Germany 20 metric tons, Member States and the Commission, which must, in Benelux 14 metric tons, particular, be able to observe the extent to which the quota amounts are used, and inform Member France 20 metric tons, States thereof; Italy 18 metric tons .

The second instalment of 28 metric tons shall Whereas if, at a specified date in the quota period a considerable balance remains in one or other Member constitute the relevant reserve. State, it is essential that that Member State pays a large amount of it back into the reserve, in order 2. A first instalment, amounting to 200 metric tons to avoid a part of the tariff quota's remaining unused of the amount specified in Article 2 (2), shall be in one Member State when it could be used in others ; allocated among the new Member States ; the shares, which subject to Article 6 are valid until 31 Decem­ ber 1977, shall be as follows : Whereas, since the Kingdom of Belgium, the King­ dom of the Netherlands and the Grand Duohy of Denmark 90 metric tons, Luxembourg are united in and represented by the Ireland 5 metric tons, Benelux Economic Union, any measure concerning the administration of the quota shares allocated to United Kingdom 105 metric cons.

No L 350/98 Official Journal of the European Communities 20 . 12. 76

The second instalment of . 200 metric tons shall The Member States shall, not later than 1 October constitute the relevant reserve. 1977, notify the Commission of the total imports of the said goods effected up to and including 15 September 1977 and charged against the Com­ munity quota and, where appropriate, the proportion Article 4 of their initial share that is being returned to the relevant reserve.

1 . If 90% or more of the initial share of a Member State laid down in Article 3 , or 90% of thait sihare less Article 7 the amount returned into the relevant reserve where the provisions of Article 6 have been applied, has been exhausted, that Member State shall proceed The Commission shall keep an account of the shares without delay, by notifying the Commission, to draw opened by the Member .States in accordance with a second share, equal to 15% of its initial share, Articles 3 and 4 and shall inform eaoh State of the rounded up to the next unit where appropriate, to extent to which the reserves have been used up as the extent that the relevant reserve is sufficient. soon as it receives the notifications.

2. If, after its initial share has been exhausted, 90% The Commission shall, not later than 5 October or more of the second share drawn by a Member 1977, notify the Member States of the amounts in State has been used, that Member State shall proceed, the reserves after the return of shares pursuant to in accordance with the conditions laid down in para-; Article 6. graph 1 , to draw a third share, equal to 7-5% of its initial share, rounded up to the next unit. The Commission shall ensure that any drawing which uses up one or the other reserve is limited to 3 . If, after its second share has been exhausted, 90% the balance available and, for this purpose, shall spe­ or more of the third share drawn by a Member State cify the amount thereof to the Member State which has been used, that Member State shall proceed, in makes the last drawing. the same way, to draw a fourth share equal to the third. Article 8 This process shall be applied until the relevant reserve is exhausted. 1 . The Member States shall take all appropriate measures to ensure that when additional shares are 4. Notwithstanding paragraphs 1 , 2 and 3, a Member drawn pursuant to Article 4 it is possible for charges State may proceed to draw shares smaller than those to be made without interruption against their fixed in those paragraphs if there is reason ito believe accumulated shares of the Community quota. that they might not be used up. They shall inform the Commission of the reasons which led them to apply this paragraph. 2. The Member States shall ensure that importers of the said goods established in their territory have free access to the share allocated to them .

Article 5 3 . The Member States shall charge imports of the said goods against their share as and when the goods are entered for home use. Each of the additional shares drawn pursuant to Article 4 shall be valid until 31 December 1977. 4. The extent to which a Member State used up its share shall be determined on the basis of the imports charged in 'accordance with paragraph 3 . Article 6

The Member States shall return to the reserve, not Article 9 later than 1 October 1977, the unused portion of their initial share which, on 15 September 1977, is in excess of 20% of the initial amount. They may return On receipt of a request from the Commission, a greater portion if there fare grounds for believing Member States shall inform it of imports actually that such portion may not be used in full. charged against their shares.

20. 12. 76 Official Journal of the European Communities No L 350/99

Article10¶

The Member States and the Commission shall co­ This Regulation shall enter into force on 1 January operate closely in order to ensure that this Regulation 1977. is observed.

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