31975R3157

8 . 12 . 75 Official Journal of the European Communities No L 317/67

REGULATION (EEC) No 3157/75 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 the Arab Republic of Egypt (1976)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, — equal and uninterrupted access to the quota should be ensured for all importers and quota duties applied continuously to all imports of the said products until the quota has been used up ; Having regard to the Treaty establishing the Euro­ pean Economic Community, and in particular Article — in the light of the above principles, the Com­ 113 thereof : munity nature of the quota may best be preserved by an arrangement allocating it among these Member States ; whereas in order to provide the Having regard to the proposal from the Commission ; most accurate reflection of actual market trends for the said products, such allocation should be proportionate to the needs of these Member Whereas the Agreement ( J ) between the European States , calculated both from the statistics for each Economic Community and the Arab Republic of Member State's imports from the Arab Republic of Egypt over a representative reference period Egypt, and the Protocol (2 ) laying down certain provisions relating to the Agreement between the and from economic prospects for the quota European Economic Community and the Arab period in question ; Republic of Egypt consequent on the accession of new Member States to the European Economic — over the last three years for which statistics are Community, provide for the opening of an annual available, the following percentages represent the Community tariff quota of 3 250 metric tons of respective imports of the Member States other woven fabrics of cotton, falling within heading concerned in relation to imports of the said No 55.09 of the Common Customs Tariff, originating products from the Arab Republic of Egypt into in the Arab Republic of Egypt ; whereas the Protocol the Community as originally constituted : provides that the tariff quota should be allocated among the Member States as follows : 2 500 metric tons for the Community as originally constituted, 1972 1973 1974 90 metric tons for Denmark, 10 metric tons for Ireland and 650 metric tons for the United Kingdom ; Germany 4-3 10-4 5-7 whereas Annex I to the Agreement provides that the Benelux 29-3 31-9 35-0 duties applicable to the quota shall be equal to 45% of the Common Customs Tariff duties ; whereas as France 10-0 1-1 13-8 regards the duties applicable to the quota by the Italy 56-4 56-6 45-5 new Member States, the special provisions of the Protocol and of the Act of Accession should be observed ; whereas to comply with the special provi­ sions of the Protocol, separate arrangements should — in view of these factors, of the foreseeable devel­ be made for the Member States of the Community opment during 1976 of the market for the pro­ as originally constituted on the one hand, and for ducts in question and in particular of the estimates the new Member States on the other ; submitted by certain Member State initial quota shares may be fixed approximately as follows :

"Whereas, as regards the Community as originally Germany 16-6 constituted : Benelux 24-3

France 14-6 (!) OJ No L 251 , 7. 9. 1973, p . 13 . (2) OJ No L 251 , 7. 9. 1973 , p. 3 . Italy 44-5

No L 317/68 Official Journal of the European Communities 8 . 12 . 75

HAS ADOPTED THIS REGULATION : — in order to take account of import trends for the products in question in the Member States concerned, the quota amount should be divided into two instalments, the first instalment being allocated among the same Member States, the Article 1 second instalment constituting a reserve intended to cover the later requirements of Member States which have used up their initial quota shares ; A Community tariff quota of 3 250 metric tons shall whereas in order to ensure a certain degree of be opened from 1 January to 31 December 1976 for security to importers in each Member State, the other woven fabrics of cotton, falling within heading first instalment of the quota should be fixed in No 55.09 of the Common Customs Tariff, originating this case at approximately 50% ; in the Arab Republic of Egypt. This quota shall be allocated and administered in accordance with the — the initial quota shares may be used up at different following provisions. times ; whereas, therefore, to avoid disruption of supplies, any Member State which has almost used up its initial quota share, shall draw an SECTION I additional quota share from the reserve; whereas this shall be done by each Member State whenever one of its additional quota shares has been almost Provisions applicable to the Community as originally used up, and as many times as the reserve allows ; constituted whereas the initial and additional quota shares shall be valid until the end of the quota period ; whereas this form of administration requires close collaboration between the Member States Article 2 and the Commission, and the Commission must be in a position to follow the extent to which the The Common Customs Tariff duties shall be partially quota volume has been used up and inform the suspended at the rate indicated below for 2 500 metric Member States thereof ; tons of the quota referred to in Article 1 :

— if, at a given date in the quota period, a consider­ able quantity of the initial quota share is left over in one of the Member States concerned, it CCT Rate of duty heading No Description is essential that that State should return a ( % ) significant proportion to the reserve to prevent a part of the quota allocated to the Community as originally constituted from remaining unused 55.09 Other woven fabrics of in one Member State when it could be used in cotton : others ; A. Containing 85% or more by weight of — since the Kingdom of Belgium, the Kingdom of cotton : the Netherlands and the Grand Duchy of Luxem­ I. Of a width of less bourg are united in and represented by the than 85 cm 5-8 Benelux Economic Union, any measure concern­ II . Other 6-3 ing the administration of the quota shares allocated to that economic union may be carried B. Other : out by any of its members ; I. Of a width of less than 85 cm 6-3 II . Other 6-7 Whereas, as regards the new Member States :

— the quota duties shall be calculated by the new Member States in accordance with Articles 3 and Article 3 4 of the Protocol ;

— equal and uninterrupted access to the quota 1 . A first instalment, amounting to 1 235 metric tons should be ensured for all importers and quota of the amount specified in Article 2, shall be allocated duties applied continuously to all imports of the among the Member States ; the shares, which products in question until the quota has been subject to Article 6 are valid until 31 December 1976, used up, shall be as follows :

8 . 12 . 75 Official Journal of the European Communities No L 317/69

Germany 205 metric tons , The Member States shall, not later than 1 October Benelux 1976, notify to the Commission of the total imports 300 metric tons , of the said goods effected up to and including France 180 metric tons , 15 September 1976, and charged against the Com­ Italy 550 metric tons . munity quota and, where appropriate, the proportion of their initial share that is being returned to the 2 . The second instalment of 1 265 metric tons shall reserve . constitute the reserve .

Article 7 Article 4 The Commission shall keep account of the shares 1 . If 90% or more of the initial share of a Member opened by Member States in accordance with Articles 3 and 4 and shall inform each State of the State laid down in Article 3 ( 1 ), or 90% of that share less the amount returned into the reserve where extent to which the reserve has been used up as soon as it receives the notifications . the provisions of Article 6 have been applied, has been exhausted, that Member State shall proceed without delay, by notifying the Commission , to draw The Commission shall , not later than 5 October a second share, equal to 15% of its initial share, 1976, notify the Member States of the amount in rounded up to the next unit. reserve after the return of shares pursuant to Article 6. 2 . If, after its initial share has been exhausted, 90% or more of the second share drawn up by a Member The Commission shall ensure that any drawing State has been used, that Member State shall proceed, which uses up the reserve is limited to the balance in accordance with the conditions laid down in available and for this purpose shall specify the amount paragraph 1 , to draw a third share, equal to 7-5% thereof to the Member State which makes the last of its initial share, rounded up to the next unit where drawing. appropriate, to the extent that the reserve is sufficient . Article 8 3 . If, after its second share has been exhausted , 90% or more of the third share drawn by a Member State The Member States shall take all appropriate measures to ensure that when additional shares are has been used, that Member State shall proceed, in the same way to draw a fourth share equal to the drawn pursuant to Article 4 it is possible for charges third . to be made without interruption against their accumulated shares of the Community quota. This process shall be applied until the reserve is exhausted .

SECTION II 4. Notwithstanding paragraphs 1 , 2 and 3 , the Member States may proceed to draw shares smaller than those fixed in those paragraphs if there is reason Provisions applicable to the new Member States to believe that they might not be used up. They shall inform the Commission of the reasons which led them to apply this paragraph. Article 9

Within the limits of the tariff quota referred to in Article 5 Article 1 , the new Member States shall apply the duties laid down in the relevant provisions of the Each of the additional shares drawn pursuant to Act of Accession, the Agreement and the Protocol . Article 4 shall be valid until 31 December 1976 .

Article 10 Article 6 Within the quota referred to in Article 1 , metric tons shall be allocated to the new Member States as The Member States shall return to the reserve, not follows : later than 1 October 1976, the unused portion of their initial share which, on 15 September 1976, is in Denmark 90 metric tons, excess of 20% of the initial amount. They may Ireland 10 metric tons, return a greater portion if there are grounds for believing that such portion may not be used in full. United Kingdom 650 metric tons .

No L 317/70 Official Journal of the European Communities 8 . 12 . 75

SECTION III Article 12

General provisions On receipt of a request from the Commission, Member States shall inform it of imports of the said products originating in the Arab Republic of Article 11 Egypt actually charged against their quota shares.

1 . Member States shall ensure that importers of the said goods established in their territory have free Article 13 access to the share allocated to them .

The Member States and the Commission shall 2. Member States shall charge imports of the cooperate closely in order to ensure that this products in question against their quota shares as the Regulation is observed. products are presented for customs clearance under cover of a declaration that they have been made available for consumption . Article 14 3 . The extent to which a Member State has used up its share shall be determined on the basis of the This Regulation shall enter into force on 1 January imports charged in accordance with paragraph 2. 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