31978R0702

14 . 4 . 78 Official Journal of the European Communities No L 102 /21

COUNCIL REGULATION (EEC) No 702/78 of 20 March 1978 establishing indicative ceilings and Community supervision for imports of certain products originating in Portugal ( 1978 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES, adequate measures to reintroduce customs tariff duties whenever one of the ceilings has been reached;

Having regard to the Treaty establishing the European Whereas the trend of imports should be followed for Economic Community, and in particular Article 113 certain products for which, under Article 2 of Protocol thereof, 1 , the Community has suspended the application of ceil­ ings and for products which are not subject to the ceil­ ing system; whereas it is therefore desirable that imports Having regard to the proposal from the Commission, of such products should be subject to supervision,

Whereas an Agreement ( 1) between the European Economic Community and the Portuguese Republic was HAS ADOPTED THIS REGULATION : signed on 22 July 1972 ;

Article 1 Whereas Articles 1 and 2 of Protocol 1 annexed to that Agreement make provision for a specific timetable for 1 . From 1 January to 31 December 1978 , imports of the progressive abolition of customs duties in respect of products originating in Portugal and indicated in Annex the products to which the Agreement applies; whereas I to this Regulation shall be subject to indicative ceilings under Article 2 of that Protocol the imports of these and to Community supervision . products are limited to annual indicative ceilings above which the customs duties applicable to third countries may be reintroduced ; whereas, however, under Article 2 The description of the products referred to in the pre­ (2), the Community has to suspend the application of ceding subparagraphs, their tariff headings and statisti­ certain ceilings ; whereas, therefore, the ceilings to be cal numbers and the levels of the indicative ceilings are applied in 1978 must be established ; whereas in this given in Annex I. situation it is also necessary that the Commission be regularly informed of the trend of the imports of the products in question and, in consequence, it is necessary 2 . Amounts shall be set off against the indicative ceil­ to subject these imports to supervision ; ings as and when products are entered with customs authorities for home use and accompanied by a move­ ment certificate conforming to the rules contained in Whereas this objective may be achieved by means of an Protocol 3 to the Agreement. administrative procedure based on setting off imports of the products in question against the indicative ceilings at Community level, as and when these products are Goods shall be set off against the indicative ceiling only entered with the customs authorities for home use ; if the movement certificate has been submitted before whereas this administrative procedure must make pro­ the date on which customs duties are reimposed. vision for the reintroduction of Common Customs Tariff duties as soon as the ceilings have been reached at The reaching of a ceiling shall be determined at Com­ Community level ; munity level on the basis of imports set off against it in the manner defined in the preceding subparagraphs. Whereas this administrative procedure requires close and particularly rapid cooperation between the Member The Member States shall periodically inform the Com­ States and the Commission ; whereas the latter must, in mission of imports effected in accordance with the particular, be able to follow the progress of amounts set above rules; such information shall be supplied under off against the indicative ceilings and keep the Member the conditions laid down in paragraph 4 . States informed ; whereas this cooperation must be all the closer since the Commission must be able to take 3 . As soon as the ceilings have been reached, the Commission may issue a Regulation reimposing the customs duties provided for in Article 2 (7) of Protocol (*) OJ No L 301 , 31 . 12 . 1972 , p. 10. 1 to the Agreement until the end of the calendar year.

No L 102 /22 Official Journal of the European Communities 14 . 4 . 78

4 . Member States shall forward to the Commission, preceding month; to this end, only products submitted not later than the 15th day of each month, statements of to the customs authorities under cover of an entry for the amounts set off during the preceding month. They home use and accompanied by a movement certificate shall, if the Commission so requests, make up such conforming to the rules contained in Protocol 3 to the statements for periods of 10 days and forward them Agreement shall be taken into consideration. within five clear days of expiry of the preceding 10-day period. Article 3

Article 2 For the implementation of this Regulation the Com­ mission shall take all necessary measures in close coop­ From 1 January to 31 December 1978 , imports of the eration with the Member States. products referred to in Annex II which originate in Portugal shall be subject to Community supervision. Article 4

Member States shall forward to the Commission, not This Regulation shall enter into force on the third day later than the 15th day of each month, statements of following its publication in the Official Journal of the imports of the products in question effected during the European Communities.

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

Done at Brussels, 20 March 1978 .

For the Council

The President

K. HEINESEN

14 . 4 . 78 Official Journal of the European Communities No L 102/23

ANNEX I

LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION IN 1978

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

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 Ceiling delayed

1 P 3 55.05 Cotton yarn, not put up for retail sale 55.05 all Nos 10 773

I P 4 56.07 Woven fabrics of man-made fibres ( discon­ 56.07 all Nos 3 050 tinuous or waste )

I P 5 59.04 Twine, cordage, ropes and cables, plaited or not 59.04 all Nos 10 785

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 929 crocheted, not elastic or rubberized

I P 8 61.01 Men's and boys' outer garments 61.01 all Nos 1 166

I P 9 61.02 Women's, girls ' and infants' outer garments 61.02 all Nos 356

IP 10 61.03 Men's and boys' under garments, including 61.03 all Nos Ceiling collars, shirt fronts and cuffs delayed

I P 11 61.04 61.04 all Nos 113 Women's, girls ' and infants' under garments

No L 102/24 Official Journal of the European Communities 14. 4 . 78

ANNEX II

LIST OF PRODUCTS REFERRED TO IN ARTICLE 2

Order CCT Description NIMEXE code No heading No

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

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

IIP 3 57.10 57.10 all Nos Woven fabrics of jute or of other textile bast fibres of heading No 57.03

IIP 4 62.02 Bed linen , table linen, toilet linen and kitchen linen ; curtains 62.02 all Nos and other furnishing articles