31976R3234

31 . 12. 76 Official Journal of the European Communities No L 367/21

COUNCIL REGULATION (EEC) No 3234/76 of 21 December 1976 establishing indicative ceilings and Community supervision for imports of certain products originating in Portugal (1977)

THE COUNCIL OF THE EUROPEAN Member States and the Commission ; whereas the COMMUNITIES, latter must, in particular, be able to follow the progress of amounts set off against the indicative ceilings and keep the Member States informed ; Having regard to the Treaty establishing the whereas ithis cooperation must be all the closer since European Economic Community, and in particular the Commission must be able to take adequate Article 113 thereof, measures to reintroduce customs tariff duties whenever one of the ceilings has been reached ; Having regard to the proposal from the Commission, Whereas the trend of imports should be followed for certain products for which, under Article 2 of Whereas an Agreement (x) between the European Protocol 1 , the Community has suspended the Economic Community and the Portuguese Republic application of ceilings and for products which are was signed on 22 July 1972; not subject to the ceiling system ; whereas it is therefore desirable that imports of such products Whereas Articles 1 and 2 of Protocol 1 annexed to should be subject to supervision, this Agreement make provision for a speaific time­ table for the progressive abolition of customs duties in respect of ithe 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 indi­ cative ceilings .above which the customs duties appli­ cable to third countries may be reintroduced ; whereas, however, under Article 2 (2) the Community Article 1 has to suspend the application of certain ceilings ; whereas, therefore, the ceilings to be applied in 1977 must be established; whereas in this situation it is 1 . From 1 January until 31 December 1977, imports also necessary that the Commission be regularly in­ of products originating in Portugal and indicated in formed of the trend of the imports of the products in Annex I to this Regulation shall be subject to question and, in consequence, it is necessary to indicative ceilings and to Community 'supervision . subject these imports to supervision ; The description of the products referred to in the Whereas this objective may be achieved by means of preceding subparagraphs, their tariff headings and an administrative procedure based on setring off statistic numbers and the levels of the ' indicative imports of the products in question against the indi­ ceilings are given in Annex I. cative ceilings at Community level, as and when these products are submitted to the customs authorities uruder cover of declarations that they have been made 2. Amounts shall be set off against the indicative available for consumption ; whereas this administra­ ceillings as and when products are submitted to the tive procedure must make provision for the reinitro­ customs authorities under cover af a declaration that duction of customs tariff duties as soon as the they have been made available for consumption and ceilings have been reached at Community level ; accompanied by a movement certificate conforming to the rules contained in Protocol 3 to the Agreement. Whereas this administrative procedure requires close and particularly rapid cooperation between the Goods shall be set off against the indicative ceiling only if the movement certificate has been submitted before the date on which customs duties are (l ) OJ No L 301 , 31 . 12. 1972, p. 10. reimposed.

No L 367/22 Official Journal of the European Communities 31 . 12. 76

The reaching of a ceiling shall foe determined at Article 2 Community level on the basis of imports set off From 1 January until 31 December 1977, imports against it in the manner defined in the preceding of the products referred to in Annex II which subparagraphs. originate in Portugal shall be subject to Community supervision.

The Member States shall periodically (inform the Member States sihall forward to the Commission Commission of imports effected in accordance with not later than the 15th day of each month statements the above rules ; such information shall be supplied of imports of tihe products in question effected under the conditions laid down in paragraph 4. during the preceding month ; to this end, only products submitted DO the customs authorities under cover of a declaration that they have been made available for consumption and accompanied by a 3 . As soon as the ceilings have been reached, the movement certificate conforming to the rules Commission may issue a Regulation raimposing the contained in Protocol 3 to the Agreement shall be customs duties provided for in Article 2 (7) of taken into consideration. Protocol 1 to the Agreement until the end of the calendar year. Article 3 For the implementation of this Regulation the 4. Member States shall forward to the Commission Commission shall take all necessary measures in not later than the 15-tlh day of each month statements close cooperation with the Member States. of the amounts set off during the preceding month. They sihall, if the Commission so requests, make up Article 4 such statements for periods of 10 days and forward them within ifive clear days of expiry of the preceding This Regulation shall enter into force on 10-day period. 1 January 1977.

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

Done at Brussels, 21 December 1976. For the Council The President A. P. L. M. M. van der STEE

31 . 12 . 76 Official Journal of the European Communities No L 367/ 23

ANNEX 1

LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION IN 1977

Order CCT Level No heading No Description NIMEXE code of ceiling ( metric tons )

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 P 2 45.03 Articles of natural cork 45.03 - all Nos 11 817

I P 3 55.05 Cotton yarn , not put up for retail sale 55.05 - all Nos 10 260

I P 4 56.07 Woven fabrics of man-made fibres (discon­ 56.07 - all Ños 2 905 tinuous or waste)

I P 5 59.04 Twine , cordage , ropes and cables , plaited or not 59.04 - all Nos 10 271

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 885 crocheted , not elastic or rubberized

IP 8 61.01 Men's and boys' outer garments 61.01 - all Nos 1 110

I P 9 61.02 Women's , girls' and infants' outer garments 61.02 - all Nos 339

IP 10 61.03 Men's and boys' under garments, including 61.03 - all Nos 1 285 collars, shirt fronts and cuffs

IP 11 61.04 Women's, girls' and infants' under garments 61.04 - all Nos 108

;

No L 367/24 Official Journal of the European Communities 31 . 12. 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 without 45.04 - all Nos a binding substance) and articles of agglomerated cork

11 P 2 56.05 Yarn of man-made fibres (discontinuous or waste), not put 56.05 - all Nos up tor retail sale

II P 3 57.10 Woven fabrics of jute or of other textile bast fibres of heading 57.10 - all Nos 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