31976R3039

No L 350/40 Official Journal of the European Communities 20. 12. 76

COUNCIL REGULATION (EEC) No 3039/76

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 the Arab Republic of Egypt (1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, however, because of the possibility of implementing other preferential arrangements as a result of a new Agreement between the European Economic Com­ munity and Egypt, it is necessary to confine the Having regard to the Treaty establishing the Euro­ period of validity of this tariff quota to such period pean Economic Community, and in particular Article as is not covered by the new Agreement; 113 thereof,

Having regard to the proposal from the Commission, Whereas as regards the Community as originally constituted :

Whereas the Agreement between the European Eco­ — equal and uninterrupted access to the quota nomic Community and the Arab Republic of Egypt 0 ) and the Protocol laying down certain provisions should be ensured for all importers and quota relating to the Agreement between the European duties applied continuously to all imports of the Economic Community and the Arab Republic of said products until the quota has been used up, Egypt consequent on the accession of new Member States to the European Economic Community (2), — in the light of the above principles, the Com­ provide for the opening of an annual Community munity nature of the quota may best be preserved tariff quota of 3 250 metric tons of other woven by an arrangement allocating it among these Mem­ fabrics of cotton falling within heading No 55.09 of ber States ; whereas in order to provide the most the Common Customs Tariff, originating in the Arab accurate reflection of actual market trends for the Republic of Egypt; whereas the Protocol provides said products, such allocation should be pro­ chat the tariff quota should be allocated among the portionate to the needs of these Member States, Member States as follows : 2 500 metric tons for the calculated both from the statistics for each Mem­ Community as originally constituted, 90 metric tons ber State's imports from the Arab Republic of for Denmark, 10 metric tons for Ireland and 650 Egypt over a representative reference period and metric tons for the United Kindom ; whereas Annex I from economic prospects for the quota period in to the Agreement provides that the duties applicable question, to the quota shall be equal to 45% of the duties of < the Common Customs Tariff; whereas as regards the — over the last three years for which statistics are duties applicable to the quota by the new Member available, the following percentages represent the States, the special provisions of the Protocol and of respective imports of the Member States con­ the Act of Accession should be complied with; where­ cerned in relation to imports of the said products as to comply with the special provisions of the Proto­ from the Arab Republic of Egypt into the Com­ col, separate arrangements should be made for the munity as originally constituted : Member States of the Community as originally con­ stituted, on the one hand, and for the new Member States, on the other; 1973 1974 1975

Germany 10-4 5-7 3-0 Whereas the Community tariff quota in question should be opened for the year 1977, and whereas, Benelux 31-9 35-0 18-6

France M 13-8 57-2 Italy 56-6 45-5 21-2 (») OJ No L 251 , 7. 9. 1973, p. 2. («) OJ No L 251 , 7. 9. 1973, p. 87.

20. 12. 76 Official Journal of the European Communities No L 350/41

— in view of these factors, of the forseeable develop­ since the Kingdom of Belgium, the Kingdom ment during 1977 of the market for the products of the Netherlands and the Grand Duchy of in question und in particular of the estimates Luxembourg are united in and represented by the submitted by certain Member States initial quota Benelux Economic Union, any measure concern­ shares may be fixed approximately as follows : ing the administration of the quota shares allo­ cated to that economic union may be carried out by any of its members; Germany 166

Benelux 24-3 Whereas, as regards the new Member States : France 14-6

Italy 44*5, — the quota duties shall be calculated by the new Member States in accordance with Articles 3 and 4 of the Protocol,

in order to take account of import trends for — equal and uninterrupted access to the quota the products in question in the Member States should be ensured for all importers and quota concerned, the quota amount should be divided duties applied continuously to all imports of the into two instalments, the first instalment being products in question until the quota has been allocated among the same Member States and the used up, second constituting a reserve intended to cover the later requirements of Member States which have used up their initial quota shares ; whereas in order to ensure a certain degree of security to importers in each Member State, the first instal­ HAS ADOPTED THIS REGULATION : ment of the quota should be fixed in this case at approximately 50% ,

Article1¶

— the initial quota shares may be used up at differ­ ent rates ; whereas, therefore, to avoid disruption A Community tariff quota of 3 250 metric tons shall of supplies, any Member State whiah has almost be opened from 1 January 1977 until the entry into used up its initial quota share, shall draw an ad­ force of a new Agreement, or until 31 December ditional quota share from the reserve ; whereas 1976 at the latest, for other woven products of cotton this shall be done by each Member State when­ falling within heading No 55.09 of the Common ever one of its additional quota shares has been Customs Tariff, originating in the Arab Republic of almost used up, and as many times as the reserve Egypt. allows ; whereas the initial and additional quota shares sihall be valid until the end of the quota period ; whereas this form of administration re­ This quota shall be allocated and administered in quires close collaboration between the Member accordance with the provisions set out below. States and the Commission, and the 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, SECTION I

Provisions applicable to the Community as originally constituted — 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 Article 2 is essential that that State should return a signifi­ cant proportion to the reserve to prevent a part of the quota allocated to the 'Community as orig­ The Common Customs Tariff duties shall be partially inally constituted from remaining unused in one suspended at the rate indicated below for 2 500 Member State when it could be used in others, metric tons of the quota referred to in Article 1 :

No L 350/42 Official Journal of the European Communities 20. 12. 76

CCT heading Rate of duty Description (% ) No

55.09 Other woven abrfics of cotton :

A. Containing 85% or more by weight of cotton : I. Of a width of less than 85 cm 5-8 II . Other 6-3

B. Other : I. Of a width of less than 85 cm 6-3 II. Other 6-7

Article 3 the same way to draw a fourth share equal to the third.

1. A first instalment, amounting to 1 235 metric tons This process shall be applied until the reserve is of the amount mentioned in Article 2, shall be allo­ exhausted . cated among the Member States ; the shares, which subject to Article 6 shall be valid until the date de­ 4. Notwithstanding paragraphs 1 , 2 and 3 , the Mem­ fined in Article 1 , shall be : ber States may proceed to draw shares smaller than those fixed in those paragraphs if there is reason to Germany 205 metric tons, believe that they might not be used up. They shall Benelux 300 metric tons, inform the Commission of the reasons which led France 180 metric tons, them to apply this paragraph. Italy 550 metric tons,

Article S 2. The second instalment of 1 265 metric tons shall constitute the reserve. Each of the additional shares drawn pursuant to Article 4 shall be valid until the date defined in Article 1 . Article 4

1 . If 90% or more of the initial share of a Member Article 6 State laid down in Article 3 ( 1 ), or 90% of that share less the amount returned into the reserve where the The Member States shall return to the reserve, not provisions of Article 6 have been applied, has been later than 1 October 1977, the unused portion of exhausted, that Member State shall proceed without their initial share which, on 15 September 1977, is in delay, by notifying the Commission, to draw a second excess of 20% of the initial amount. They may re­ share, equal to 15% of its initial share, rounded turn a greater portion if there are grounds for be­ up to the next unit. lieving that such portion may not be used in full.

2. If, after its initial share has been exhausted, 90% The Member States shall, not later than 1 October or more of the second share drawn up by a Member 1977, notify the Commission of the total imports of State has been used, that Member State shall proceed, the said goods effected up to and including 15 Sep­ in accordance with the conditions laid down in para­ tember 1977, and charged against the Community graph 1 , to draw a third share, equal to 7-5% of its quota and, where appropriate, the proportion of their initial share, rounded up to the next unit where initial share that is being returned to the reserve. appropriate, to the extent that the reserve is suffi­ cient. Article 7 3. If, after its second share has been exhausted, 90% or more of the third share drawn by a Member State The Commission shall keep account of the shares has been used, that Member State shall proceed, in opened by Member States in accordance with Articles

20 . 12 . 76 Official Journal of the European Communities No L 350/43

3 and 4 and shall inform each State of the extent to Denmark 90 metric tons, whidi the reserve has been used up as soon as it Ireland 10 metric tons, receives the notifications. United Kingdom 650 metric tons. The Commission shall, not later than 5 October 1977, notify the Member States of the amount in reserve SECTION III after the return of shares pursuant to Article 6. General provisions The Commission shall ensure that any drawing which uses up the reserve is limited to the balance Article 11 available and for this purpose shall specify the amount thereof to the Member State which makes 1 . Member States shall ensure that the quota shares the last drawing. allocated to them are freely accessible to importers of the products in question established in their terri­ tory . Article 8

2. Member States shall charge imports of the The Member States shall take all appropriate meas­ products in question against their quota shares as the ures to ensure that when additional Shares are drawn products are presented for customs clearance under pursuant to Article 4 it is possible for charges to be cover of a declaration that they have been made made without interruption against their accumulated available for consumption. shares of the Community quota.

3 . 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 2. SECTION II Article 12 Provisions applicable to the new Member States On receipt of a request from the Commission, Member States shall inform it of imports of the Article 9 said products originating in the Arab Republic of Egypt actually charged against their quota shares. Within the tariff quota referred to in Article 1 , the new Member States shall apply duties calculated in Article 13 accordance with the relevant provisions of the Act of Accession, the Agreement and (he Protocol. The Member States and the Commission shall cooperate closely in order to ensure that this Regu­ lation is observed . Article 10 Article 14 750 metric tons of the quota referred to in Article 1 shall be allocated among the new Member States This Regulation shall enter into force on 1 January as follows : 1977.

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