31977R2820

No L 331 /30 Official Journal of the European Communities 23 . 12 . 77

COUNCIL REGULATION (EEC) No 2820/77

of 28 November 1977

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 ( 1978)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas, however, during the past three years only one Member State has imported , and in an insignifi­ cant quantity, the said goods ; 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, 113 thereof, each Member State should make a significant con­ tribution to the quota amount ; whereas such con­ tributions may approximately correspond to the Having regard to the proposal from the Commission, following percentages :

Benelux 7 % Whereas the Agreement establishing an association between the European Economic Community and the Denmark 13 % Republic of Cyprus ( 1) and the Protocol laying down certain provisions concerning that Agreement as a re­ Germany 15 % sult of the accession of new Member States to the France 11 % European Economic Community ( 2 ) provide for the opening of an annual duty-free Community tariff Ireland 2 % quota of 500 tonnes of men's and boys' outer gar­ Italy 9 % ments falling within heading No 61.01 of the Com­ mon Customs Tariff, originating in Cyprus ; whereas United Kingdom 43 % those arrangements are maintained by the Additional Protocol to the Association Agreement signed on 15 September 1977; whereas pending the entry into Whereas, in order to take into account import trends force of that Protocol, in order to avoid any discon­ for the products concerned in the different Member tinuity, the tariff quota in question should be opened States, the quota amount should be divided into two for 1978 ; instalments, the first instalment being allocated 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 abovementioned quota and uninterrupted sure a certain degree of security for 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 46 % of the quota having regard to the principles mentioned above, the amount ; Community nature of the quota can be respected by allocating the Community tariff quota among the Member States ; whereas, in order to reflect as accu­ Whereas the initial shares of the Member States may rately as possible the actual development of the mar­ be used up at different times; whereas, in order to ket in the products concerned, such allocation should take this fact into account and avoid any break in be 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 out­ whereas, this must be done by each Member State as look 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 . (2) OJ No L 133 , 21 . 5 . 1973 , p. 88 . period ; whereas this method of administration calls

23 . 12 . 77 Official Journal of the European Communities No L 331 /31

for close cooperation between Member States and the Article 3 Commission, which must, in particular be able to ob­ serve the extent to which the quota amount is used , and inform Member States thereof ; 1 . If 90 % or more of the initial share of a Mem­ ber State as laid down in Article 2 (2), or 90 % of that share less the amount returned into the reserve Whereas if, at a specified date in the quota period, a where the provisions of Article 5 have been applied, considerable balance remains in one or other Mem­ has been exhausted, that Member State shall proceed ber State, it is essential that that Member State return without delay, by notifying the Commission, to draw a large amount of it to the reserve, in order to pre­ a second share, equal to 15 % of inital share, round­ vent a part of the tariff quota from remaining unused ed up to the next unit where appropriate, to the ex­ in one Member State when it could be used in others ; tent that the reserve is sufficient.

Whereas, since the Kingdom of Belgium, the King­ 2. If, after its initial share has been exhausted, 90 % dom of the Netherlands and the Grand Duchy of or more of the second share drawn by a Member Luxembourg are united in and represented by the State has been used, that Member State shall pro­ Benelux Economic Union , all transactions concerning ceed, in accordance with the conditions laid down in the administration of shares granted to the above­ paragraph 1 , to draw a third share, equal to 7-5 % of mentioned economic union may be carried out by its initial share , rounded up to the next unit. any of its members ,

3 . If, after its second share has been exhausted, 90 % or more of the third share drawn by a Member HAS ADOPTED THIS REGULATION : State has been used, that Member State shall proceed, in the same way, to draw a fourth share equal to the third . Article 1

This process shall be applied until the reserve is ex­ From 1 January to 31 December 1978 the Common hausted . Customs Tariff duty in respect of men's and boys' outer garments falling within heading No 61.01 of the Common Customs Tariff, originating in Cyprus, 4. Notwithstanding paragraphs 1 , 2 and 3 , a Mem­ shall be entirely suspended within the limits of a ber State may proceed to draw shares smaller than Community tariff quota of 500 tonnes. 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

2 . A first instalment, amounting to 230 tonnes, Each of the additional shares drawn pursuant to shall be shared among the Member States ; the shares, Article 3 shall be valid until 31 December 1978 . which subject to Article 5 shall be valid until 31 De­ cember 1978 , shall be as follows :

Benelux 15 tonnes , Article 5

Denmark 30 tonnes,

35 tonnes The Member States shall return to the reserve, not Germany later than 1 October 1978 , the unused portions of France 25 tonnes· their initial shares which, on 15 September 1978 , is in excess of 20 % of the initial amount. They may return Ireland 5 tonnes, a greater portion if there are grounds for believing Italy 20 tonnes, that such portion may not be used in full.

United Kingdom 100 tonnes . The Member States shall, not later than 1 October 1978 , notify the Commission of the total imports of 3 . The second instalment of 270 tonnes shall con­ the said goods effected up to and including 15 Sep­ stitute the reserve . tember 1978 and charged against the Community

No L 331 /32 Official Journal of the European Communities 23 . 12 . 77

quota and, where appropriate, the proportion of their 2. The Member States shall ensure that importers initial share that is being returned to the reserve. of the said goods established in their territory have free access to the shares allocated to them .

Article 6 3 . The Member States shall charge imports of the said goods against their shares as and when the goods The Commission shall keep an account of the shares are entered with customs authorities for home use. opened by the Member States in accordance with Articles 2 and 3 shall inform each state of the extent 4. The extent to which a Member State used up its to, which the reserve has been used up as soon as it share shall be determined on the basis of the imports receives the notifications . charged in accordance with paragraph 3 .

The Commission shall , not later than 5 October 1978 , notify the Member States of the amount in the Article 8 reserve after the return of shares pursuant to Ar­ ticle 5 . On receipt of a request from the Commission, Mem­ ber States shall inform it of imports actually charged The Commission shall ensure that any drawing against their shares . which uses up the reserve is limited to the balance available and for this purpose shall specify the amount thereof to the Member State which makes Article 9

the last drawing. The Member States and the Commission shall cooper­ ate closely in order to ensure that this Regulation is Article 7 observed .

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