31977R2819

23 . 12 . 77 Official Journal of the European Communities No L 331 /27

COUNCIL REGULATION ( EEC) No 2819/ 77

of 28 November 1977

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 ( 1978 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas, however, during the past three years, no such products originating in Cyprus have been im­ ported into the Community ; whereas no forecast can Having regard to the Treaty establishing the Euro­ be made for 1978 ; whereas , to ensure fair distribution pean Economic Community , and in particular Article of the quota amount between the Member States, 1 13 thereof, each Member State should make a significant contribution to the quota amount ; whereas such contributions may approximately correspond to the Having regard to the proposal from the Commission , following percentages :

Benelux 13 0//0 Whereas the Agreement establishing an association between the European Economic Community and the 0/ Denmark 10 /o Republic of Cyprus ( 1 ) and the Protocol laying down certain provisions concerning that Agreement as a re­ 20 °//0 Germany sult of the accession of new Member States to the France 20 0/¡o European Economic Community (2 ) provide for the opening of an annual duty-free Community tariff Ireland 8 0//0 quota of 100 tonnes of man-made fibres ( discontinu­ 17 o/ ous or waste ), carded , combed or otherwise pre­ Italy /0 pared for spinning, falling within heading No 56.04 0/ . United Kingdom 12 /o ; of the Common Customs Tariff, originating in Cyprus ; whereas those arrangements are maintained by the Additional Protocol to the Association Agreement Whereas, in order to take into account import trends signed on 15 September 1977 ; whereas , pending the for the products concerned in the different Member entry into force of that Protocol , in order to avoid States , the quota amount should be divided into two any discontinuity, the tariff quota in question should instalments , the first instalment being allocated be opened for 1978 ; among the Member States and the second instalment forming a reserve intended to cover the subsequent Whereas it is in particular necessary to ensure for all requirements of the Member States which have used Community importers equal and uninterrupted access up their initial quota shares ; whereas , in order to en­ to the ibovementioned quota and uninterrupted sure a certain degree of security to importers in each application of the rates laid down for that quota to Member State , the first instalment of the Community all imports of the products concerned into all Mem­ quota should be determined at a level which, under ber States until the quota has been used up ; whereas, present circumstances, may be 60 % of the quota amount ; having regard to the abovementioned principles, the Community nature of the quota can be respected by allocating the Community tariff quota among the Member States ; whereas, in order to reflect more Whereas the initial shares of the Member States may accurately the actual development of the market in be used up at different times ; whereas , in order to the products concerned, such allocation should be in take this fact into account and avoid any break in proportion to the needs of the Member States , continuity, it is important that any Member State assessed by reference to both the statistics of each having used up almost the whole of its initial share State's imports of the said goods from Cyprus over a should draw an additional share from the reserve ; representative reference period and the economic whereas , this must be done by each Member State as outlook for the quota period concerned ; and when each of its additional shares is almost en­ tirely used up, and repeated as many times as the re­ serve allows ; whereas the initial and additional shares must be available for use until the end of the quota (^ OJ No L 133 , 21 . 5 . 1973 , p. 1 . period ; whereas this method of administration calls ( 2) OJ No L 133 , 21 . 5 . 1973 , p. 88 . for close cooperation between Member States and the

No L 331 /28 Official Journal of the European Communities 23 . 12 . 77

Commission , which must, in particular, be able to 3 . The second instalment of 40 tonnes shall consti­ observe the extent to which the quota amount is tute the reserve . used , and inform Member States thereof;

Article 3 Whereas if, at a specified date in the quota period, a considerable balance remains in one or other Member 1 . If 90 % or more of the initial share of a Mem­ State, it is essential that that Member State pays a ber State as laid down in Article 2 (2), or 90 % of large amount of it back into the reserve, in order to that share less the amount returned into the reserve avoid a part of the tariff quota's remaining unused where the provisions of Article 5 have been applied, in one Member State when it could be used in others ; has been exhausted, that Member State shall proceed without delay, by notifying the Commission, to draw Whereas, since the Kingdom of Belgium, the King­ a second share , equal to 15 % of its initial share, dom of the Netherlands and the Grand Duchy of rounded up to the next unit where appropriate, to the extent that the reserve is sufficient. Luxembourg are united in and represented by the Benelux Economic Union, all transactions concerning the administration of shares granted to the above­ 2 . If, after its initial share has been exhausted, mentioned economic union may be carried out by 90 % or more of the second share drawn by a Mem­ any of its members , ber State has been used, that Member State shall pro­ ceed , in accordance with the conditions laid down in paragraph 1 , to draw a third share, equal to 7-5 % of its initial share, rounded up to the next unit. HAS ADOPTED THIS REGULATION : 3 . If, after its second share has been exhausted, 90 % or more of the third share drawn by a Member Article 1 State has been used, that Member State shall proceed, in the same way, to draw a fourth share equal to the third . From 1 January to 31 December 1978 the Common Customs Tariff duties in respect of man-made fibres This process shall be applied until the reserve is ex­ (discontinuous or waste), carded, combed or other­ hausted . wise prepared for spinning, falling within heading No 56.04 of the Common Customs Tariff, originating in Cyprus , shall be entirely suspended within the limits 4. Notwithstanding paragraphs 1 , 2 and 3 , a Mem­ of a Community tariff quota of 100 tonnes . ber State may proceed to draw shares smaller than those fixed in those paragraphs if there is reason to believe that they might not be used up . They shall in­ form the Commission of the reasons which led them Article 2 to apply this paragraph.

1 . The tariff quota referred to in Article 1 shall be divided into two instalments . Article 4

Each of the additional shares drawn pursuant to 2. A first instalment, amounting to 60 tonnes, Article 3 shall be valid until 31 December 1978 . shall be shared among the Member States ; the shares, which subject to Article 5 shall be valid until 31 De­ cember 1978 , shall be as follows : Article 5 Benelux 8 tonnes , The Member States shall return to the reserve, not Denmark 6 tonnes, later than 1 October 1978 , the unused portion of Germany 12 tonnes , their initial shares which, on 15 September 1978 , are in excess of 20 % of the initial amounts . They may France 12 tonnes , return greater portions if there are grounds for be­ Ireland 5 tonnes , lieving that such portions may not be used in full.

Italy 10 tonnes , The Member States shall, not later than 1 October United Kingdom 7 tonnes . 1978 , notify the Commission of the total imports of

23 . 12 . 77 Official Journal of the European Communities No L 331 /29

the said goods effected up to and including 15 Sep­ 2. The Member States shall ensure that importers tember 1978 and charged against the Community of the said goods established in their territory have quota and, where appropriate, the proportions of free access to the shares allocated to them . their initial shares that are being returned to the re­ serve . 3 . The Member States shall charge imports of the said goods against their shares as and when the goods are entered with customs authorities for home use . Article 6

4. The extent to which a Member State has used The Commission shall keep an account of the shares opened by the Member States in accordance with up its share shall be determined on the basis of the Articles 2 and 3 and shall inform each State of the ex­ imports charged in accordance with paragraph 3 . tent to which the reserve has been used up as soon as it receives the notifications . Article 8 The Commission shall, not later than 5 October 1978, notify the Member States of the amount in the On receipt of a request from the Commission, Mem­ reserve after the , return of shares pursuant to Ar­ ber States shall inform it of imports actually charged ticle 5 . against their shares.

The Commission shall ensure that any drawing which uses up the reserve in limited to the balance available and for this purpose shall specify the Article 9 amount thereof to the Member State which makes the last drawing. The Member States and the Commission shall cooperate closely in order to ensure that this Regula­ tion is observed . Article 7

1 . The Member States shall take all appropriate Article 10 measures to ensure that when additional shares are drawn pursuant to Article 3 it is possible for changes to be made without interruption against their accu­ This Regulation shall enter into force on 1 January mulated share of the Community quota . 1978 .

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

Done at Brussels, 28 November 1977.

For the Council The President

L. OUTERS