31975R3154
No L 317/55 8 . 12 . 75 Official Journal of the European Communities
REGULATION (EEC) No 3154/75 OF THE COUNCIL
of 24 November 1975 opening, allocating and providing for the administration of a Community tariff quota for other woven fabrics of cotton, falling within heading No 55.09 of the Common Customs Tariff, originating in Spain ( 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES , possible the actual trend of the market in the products in question, the allocation should follow proportion ately the requirements of the Member States calcu lated from both statistics of imports from Spain Having regard to the Treaty establishing the Euro during a representative period and the economic pean Economic Community, and in particular Article outlook for the tariff period in question ; 113 thereof ;
Whereas, during the last three years for which Having regard to the proposal from the Commission ; statistics are available, the corresponding imports by each of the Member States represent the following percentages of the imports into the Community from Spain of the products concerned : Whereas the Agreement between the European Econ omic Community and Spain, signed at Luxembourg on 29 June 1970, provides in Article 2 ( 1 ) together 1972 1973 1974 with Article 4 of Annex I for the opening by the Community of an annual Community tariff quota of 1 800 metric tons of other woven fabrics of cotton, Germany 6-4 2-4 4-2 falling within heading No 55.09 of the Common Benelux 2-8 9-8 21-8 Customs Tariff, originating in Spain ; whereas , pur suant to Article 2 of the said Annex, the quota duty France 78-0 47-1 67-2 is equal to 40% of the Common Customs Tariff duty Italy 12-8 40-7 6-8 in respect of the product concerned ; whereas the Community tariff quota contains quota duties of 5-2, 5-6, 5-6 and 6% for the products falling within sub headings 55.09 A I, A II, B I and B II ; Whereas , in view of these factors , of the foreseeable development of the market for the products in Whereas the Community tariff quota in question question and in particular of the estimates submitted by certain Member States, initial quota shares may should be opened for the year 1976 ; whereas , how be fixed approximately at the following percentages : ever, because of the possibility of implementing other preferential arrangements as a result of a new Agree ment between the European Economic Community Germany 6 and Spain, it is necessary to limit the quota period Benelux 6 to the date on which the new Agreement enters into force ; France 68
Italy 20 Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted Whereas to take account of future import trends in application of the rate laid down for that quota to all the various Member States of the product under imports of the product concerned into all Member consideration , the total quota volume should be States until the quota has been used up ; whereas , divided into two instalments, the first being shared having regard to the principles mentioned above, the among the Member States and the second held as Community nature of the quota can be respected by a reserve to cover at a later date the requirements of allocating the Community tariff quota among the those Member States having used up their initial Member States ; whereas to represent as closely as share ; whereas to give Member State importers some
No L 317/56 Official Journal of the European Communities 8 . 12 . 75
certainty, the first of the Community quota might be Whereas, since the Kingdom of Belgium, the King fixed at 75% of the quota volume ; dom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Whereas the initial shares of Member States may be Benelux Economic Union, any measure concerning used up more or less quickly ; whereas, therefore, to the administration of the quota shares allocated to avoid disruption of supplies any Member State which that economic union may be carried out by any of has almost used up its initial share, must draw a its members, supplementary share from the reserve ; whereas this must be done by each Member State as each one of its supplementary shares is almost used up, and as many times as the reserve allows ; whereas the initial HAS ADOPTED THIS REGULATION: and supplementary shares must be valid until the end of the quota period ; whereas this form of administration requires close collaboration between the Member States and the Commission, and the Article 1 Commission must be in a position to follow the extent to which the quota volume has been used up and inform the Member States thereof ; From 1 January 1976 until the date of entry into force of a new Agreement between the European Whereas if, at a given date in the quota period, a Economic Community and Spain, but not later than considerable quantity of the initial share is left over 31 December 1976 , the Common Customs Tariff in a Member State, it is essential that each State duties in respect of the products originating in Spain should return a significant proportion to the reserve, and listed below shall be partially suspended at the to prevent a part of the Community quota from levels indicated for each of them within the limits of remaining unused in one Member State while it could a global Community tariff quota of 1 800 metric be used in others ; tons :
CCT Rate of duty heading No Description %
55.09 Other woven fabrics of cotton : A. Containing 85% or more by weight of cotton : I , Of a width of less than 85 cm 5-2 II . Other 5-6 B. Other : I. Of a width of less than 85 cm 5-6 II . Other 6-0
Article2¶
1 . A first instalment, amounting to 1 350 metric 1 . If 90% or more of the initial share of a Member tons of the Community tariff quota referred to in State, as laid down in Article 2 ( 1 ), or 90% of that Article 1 , shall be allocated among the Member share less the amount returned into the reserve, States ; the share, which subject to Article 5 shall be where the provisions of Article 5' have been applied, valid until the end of the period specified in Article 1 , has been exhausted, that Member State shall proceed shall be as follows : without delay, by notifying the Commission, to draw a second share equal to 15% of its initial share, Benelux 80 metric tons , rounded up to the next unit where appropriate, to France 920 metric tons , the extent that the amount in the reserve allows . Germany 80 metric tons , 2 . If, after its initial share has been exhausted, 90% Italy 270 metric tons . or more of the second share drawn by a Member State has been used, that Member State shall proceed 2 . The second instalment of 450 metric tons shall without delay, by notifying the Commission, to draw constitute the reserve . a third share equal to 7-5% of its initial share,
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rounded up to the next unit where appropriate, to The Commission shall, not later than 5 October 1976, the extent that the amount in the reserve allows . notify Member States of the amount in the reserve after the return of shares pursuant to Article 5 . 3 . If, after its second share has been exhausted, 90% or more of the third share drawn by a Memoer State The Commission shall ensure that any drawing which has been used, that Member State shall in accordance uses up the reserve is limited to the balance available with the same conditions, draw a fourth share equal and for this purpose shall specify the amount thereof to the third. to the Member State which makes the last drawing.
This process shall be applied until the reserve is exhausted. Article 7 4. Notwithstanding the provisions of paragraphs 1 , 2 and 3 , a Member State may proceed to draw shares 1 . The Member States shall take all appropriate smaller than those fixed in those paragraphs, if there measures to ensure that, when additional shares are is reason to believe that those shares might not be drawn pursuant to Article 3 , it is possible for charges used up . They shall inform the Commission of the to be made without interruption against their reasons which led them to apply this paragraph. accumulated shares of the Community quota.
2. The Member States shall ensure that importers of Article 4 the said goods established in their territory have free access to the shares allocated to them . Each of the additional shares drawn pursuant to Article 3 shall be valid until the end of the period 3 . The Member States shall charge imports of the stipulated in Article 1 . said goods against their shares as Aid when the goods are entered for home use .
Article 5 4. The extent to which a Member State has used up its share shall be determined on the basis of the The Member States shall return to the reserve, not imports charged in accordance with paragraph 3 . later than 1 October 1976, the unused portion of their initial share which, on 15 September 1976, is in excess of 20% of their initial amount. They may Article 8 return a greater portion if there are grounds for believing that such portion may not be used in full . On receipt of a request from the Commission, Mem The Member States shall, not later than 1 October ber States shall inform it of imports actually charged 1976, notify the Commission of the total imports against their shares. of the products concerned effected up to and including 15 September 1976, and charged against the Community quota and, where appropriate, the Article 9 proportion of their initial share that is being returned to the reserve. The Member States and the Commission shall cooperate closely in order to ensure that this Article 6 Regulation is observed .
The Commission shall keep account of the shares Article 10 opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent to which the reserve has been used as soon as it This Regulation shall enter into force on receives the notifications . 1 January 1976.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 24 November 1975 .
For the Council The President B. VISENTINI