31976R3030

20 . 12 . 76 Official Journal of the European Communities No L 350/ 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 3030/76 of 9 December 1976

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 ( 1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, the market in the products in question, the allocation should follow proportionately the requirements of the Member States calculated from both statistics of imports from Spain during a representative period Having regard to the Treaty establishing the and the economic outlook for (the tariff period in European Economic Community, and in particular question ; Article 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 "Whereas the Agreement between the European Spain of the products concerned : Economic Community and Spain, signed at Luxembourg on 29 June 1970, provides in Article 2 ( 1 ) together with Article 4 of Annex I for the opening by the Community of an annual Community 1973 1974 1975 tariff quota of 1 800 metric tons of other woven fabrics of cotton falling within heading No 55.09 of Germany 2-4 4-2 7-0, the Common Customs Tariff, originating in Spain ; whereas, pursuant to Article 2 of the said Annex, Benelux 9· 8 21-8 13-3 the quota duty is equal to 40% of the Common France 47-1 67-2 74-2 Customs Tariff duty in respect of the product concerned ; whereas the Community tariff quota Italy 40-7 6-8 ' 5-5 contains quota duties of 5-2, 5-6, 5-6 and 6% for the products falling within subheadings 55.09 A I, A II, B I and B II ; whereas the Community tariff quota in question should be opened for the year 1977 ; "Whereas, in view of these factors, of the foreseeable development of the market for the products in question and in particular of the estimates submitted Whereas it is in particular necessary to ensure to by certain Member States, initial quota shares may all Community importers equal and uninterrupted be fixed approximately at the following percentages : access to the abovementioned quota and uninter­ rupted application of the rate laid down for that quota to all imports of the product concerned into Germany 6 all Member States until the quota has been used up ; whereas, having regard to the principles Benelux 6 mentioned above, the Community nature of the quota can be respected by allocating the Community France 68 tariff quota among the Member States ; whereas to represent as closely as possible the actual trend of Italy 20

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Whereas, to take account of future import trends in Whereas if, at a given date in the quota period, the various Member States of the product under a considerable quantity of the initial share is left consideration, the total quota volume should be over in a Member State, it is essential that each divided into two instalments, the first being shared State should return a significant proportion to the among the Member States and the second held as reserve to prevent a part of the Community quota a reserve to cover at a later date the requirements from remaining unused in one Member State while of those Member States having used up their initial it could be used in others ; share ; whereas to give Member State importers some 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 Benelux Economic Union, any measure concerning Whereas the initial shares of Member States may be the administration of the quota shares allocated to used up more or less quickly; whereas, therefore, to that economic union may be carried out by any of avoid disruption of supplies any Member State which its members, has almost used up its initial share, must draw a supplementary share from the reserve ; whereas this HAS ADOPTED THIS REGULATION : must be done by each Member State as each one of its supplementary shares is almost used up, and as Article 1 many times as the reserve allows ; whereas the initial and supplementary shares must be valid until the end of the quota period; whereas this form of From 1 January until 31 December 1977, the administration requires close collaboration between Common Customs Tariff duties in respect of the the Member States and the Commission, and the products originating in Spain and listed below shall Commission must be in a position to follow the be partially suspended at the levels indicated for each extent to which the quota volume has been used of them within the limits of a global Community up and inform the Member States thereof; tariff quota of 1 800 metric tons :

CCT Rate of duty heading Description No (% )

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

Article 2 2. The second instalment of 450 metric tons shall constitute the reserve . 1 . A first instalment, amounting to 1 350 metric tons of the Community tariff quota referred to in Article 1 , shall be allocated among the Member States ; the respective shares, which subject to Article 3 Article 5 shall be valid until 31 December 1977, shall be as follows :

1 . If 90% or more of the initial share of a Member Germany 80 metric tons, State laid down in Article 2 ( 1 ), or 90% of that share Benelux 80 metric tons , less the amount returned into the reserve where the France provisions of Article 5 have been applied, has been 920 metric tons, exhausted, that Member State shall proceed without Italy 270 metric tons . delay, by notifying the Commission, to draw a

20 . 12 . 76 Official Journal of the European Communities No L 350/3

second share, equal to 15% of its initial share, Articles 2 and 3 and shall inform each of them of the rounded up to the next unit. extent to which the reserve has been used as soon as it receives the notifications . 2. If, after its initial share has been exhausted, 90% or more of the second share drawn up by a Member The Commission shall, not later than 5 October 1977, State has been used, that Member State shall proceed, notify Member States of the amount in the reserve in accordance with the conditions laid down in after the return of shares pursuant to Article 5 . paragraph 1 , to draw a third share, equal to 7-5% of its initial share, rounded up to the next unit where The Commission shall ensure that any drawing which appropriate, to the extent that the reserve is sufficient. uses up the reserve is limited to the balance available and, for this purpose, shall specify the 3 . If, after its second share has been exhausted, 90% amount thereof to the Member State which makes or more of the third share drawn by a Member State the last drawing. has been used, that Member State shall proceed in the same way to draw a fourth share equal to the third . Article 7 This process shall be applied until the reserve is exhausted. 1 . The Member States shall take all appropriate measures to ensure that, when additional shares are 4. Notwithstanding paragraphs 1 , 2 and 3 , the drawn pursuant to Article 3 , it is possible for charges Member States may proceed to draw shares smaller to be made without interruption against their accumulated shares of the Community quota. than those fixed in those paragraphs if there is reason to believe that they might not be used up. They shall inform the Commission of the reasons which led 2. The Member States shall ensure that importers them to apply this paragraph. of the said goods established in their territory have free access to the shares allocated to them .

Article 4 3 . The Member States shall charge imports of the said goods against their shares as and when the goods are entered for home use . Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1977. 4. The extent to which a Member State has used up its share shall be determined on the basis of the imports charged in accordance with paragraph 3 . Article 5

The Member States shall return to the reserve, not Article 8 later than 1 October 1977, the unused portion of their initial share which, on 15 September 1977, is in excess of 20% of the initial amount. They may return On receipt of a request from the Commission, a greater portion if there are grounds for believing Member States shall inform it of imports actually that such portion may not be used in full. charged against their shares .

The Member States shall, not later than 1 October 1977, notify to the Commission of the total imports Article 9 of the said goods effected up to and including 15 September 1977, and charged against the Com­ The Member States and the Commission shall munity quota and, where appropriate, the proportion of their initial share that is being returned to the cooperate closely in order to ensure that this reserve . Regulation is observed.

Article6¶

The Commission shall keep account of the shares This Regulation shall enter into force on opened by Member States in accordance with 1 January 1977.

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

Done at Brussels, 9 December 1976.

For the Council The President

P. J. J. MERTENS