31985R3395

No L 327 / 32 Official Journal of the European Communities 6 . 12 . 85

COUNCIL REGULATION ( EEC ) No 3395 / 85 of 18 November 1985 establishing ceilings and Community surveillance of imports of certain textile products originating in Cyprus ( 1986 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , the tariff measure in question therefore applies to the Community of Ten ;

Having regard to the Treaty establishing the European Whereas this objective may be achieved by means of an Economic Community , and in particular Article 113 administrative procedure based on charging imports of the thereof, products in question against the ceilings at Community level as and when the products are entered with customs authorities for free circulation ; whereas this administrative Having regard to the proposal from the Commission , procedure must make provision for the possibility of customs tariff duties being reintroduced as soon as the ceilings are reached at Community level ; Whereas under Article 2 of Annex I to the Agreement establishing an association between the European Whereas this administrative procedure requires close and Economic Community and the Republic of Cyprus 0 ), the particularly rapid cooperation between Member States and arrangements applicable to trade with Cyprus , as last the Commission and the latter must in particular be able to amended by Regulation ( EEC ) No 3700 / 83 ( 2 ), provide follow the progress of quantities charged against the for 1984 the exemption of customs duties for: ceilings and keep Member States informed ; whereas this cooperation has to be all the more close since the — man-made fibres ( discontinuous or waste ), carded , Commission must be able to take the appropriate measures combed or otherwise prepared for spinning , falling to reintroduce customs tariff duties if one of the ceilings is within heading No 56.04 of the Common Customs reached , Tariff, and for

— men's and boys' outer garments falling within heading No 61.01 of the Common Customs Tariff, HAS ADOPTED THIS REGULATION :

Within the limits of annual ceilings respectively of 100 tonnes and 525 tonnes above which the customs duties actually appplied to third countries may be reintroduced Article 1 until the end of the calendar year ; 1 . From 1 January to 31 December 1986 imports into the Community of Ten of the products listed in the Annex and Whereas , pending the definition of arrangements applicable originating in Cyprus shall be subject to annual ceilings and beyond 31 December 1984 it is necessary to extend Community surveillance . provisionally for 1986 the arrangements which the Community applies currently to trade with Cyprus on the basis of the abovementioned provisions ; whereas , The description of the products referred to in the first therefore , the ceilings for 1986 must be established ; subparagraph , their tariff headings and statistical numbers whereas the application of ceilings requires that the and the ceilings shall be as set out in the Annex. Community be regularly informed on imports of the products in question originating in Cyprus ; whereas it is therefore desirable that imports of these products be 2 . Quantities shall be charged against the ceilings as and subjected to a system of surveillance ; when products are entered with customs authorities for free circulation and accompanied by a movement certificate in accordance with the rules contained in the Protocol Whereas , in the absence of a protocol such as that provided concerning the definition of the concept of 'originating for in Articles 179 and 366 of the Act of Accession of Spain products' and methods of administrative cooperation and Portugal , the Community must take the measures annexed to the Additional Protocol to the Agreement referred to in Articles 180 and 367 of the said Act ; whereas establishing an association between the European Economic Community and Cyprus ( 3 ).

(») OJ No L 133 , 21 . 5 . 1973 , p . 2 . ( 2 ) OJ No L 369 , 30 . 12 . 1983 , p . 1 . ( 3 ) OJ No L 339 , 28 . 12 . 1977 , p . 19 .

6 . 12 . 85 No L 327 / 33 Official journal of the European Communities

Goods may be charged against the ceiling only if the 4 . Member States shall forward to the Commission not movement certificate is submitted before the date on which later than the 15th day of each month statements of the customs duties are reimposed . quantities charged during the preceding month . If the Commission, so requests , they shall provide such The extent to which a ceiling is used up shall be determined statements for periods of 10 days and forward them within at Community level on the basis of the imports charged five clear days of the end of each 10-day period . against it in the manner defined in the preceding subparagraphs . Article 2 Member States shall inform the Commission at the intervals and within the time limits specified in paragraph 4 The Commission shall take all appropriate measures * in of imports effected in accordance with the above close cooperation with the Member States for the purposes procedures , of applying this Regulation .

3 . As soon as the ceilings are reached , the Commission Article 3 may adopt a Regulation reimposing until the end of the calendar year the customs duties applicable to third countries . This Regulation shall enter into force on 1 January 1986 .

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

Done at Brussels , 18 November 1985 .

For the Council The President

M. FISCHBACH

No L 327 / 34 6 . 12 . 85 Official Journal of the European Communities

ANNEX

List of products subject to import ceilings in 1986

CCT Level Serial NIMEXE heading Description of ceiling No code No ( tonnes ) 1 2 3 4 5

1 56.04 Man-made fibres ( discontinuous or waste ), carded , combed or otherwise 56.04-all Nos 100 prepared for spinning

2 61.01 Men's and boys' outer garments 61.01-all Nos 525