31976R3054

No L 350/106 Official Journal of the European Communities 20. 12. 76

COUNCIL REGULATION (EEC) No 3054/76 of 9 December 1976

opening, allocating, and providing for the administration of Community tariff quotas for certain textile products falling within heading Nos 55.05 and 55.09 and subheading ex 58.01 A of the Common Customs Tariff, coming from Turkey (1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, — for woven fabrics of cotton :

1 000 metric tons to the Community as originally constituted, Having regard to che Treaty establishing the European Economic Community, and in particular 20 metric tons to Denmark, 10 metric tons to Article 113 thereof, Ireland and 360 metric tons to the United Kingdom ;

Having regard to the proposal from the Commission, Whereas, moreover, it appears desirable to provide for a provisional adjustment of the tariff advantages for these goods : Whereas, pending the entry into force of the Sup­ plementary Protocol signed in Ankara on 30 June — for the Community as originally constituted by 1973 containing the adjustments to be made to the a total suspension of the customs duties of the Agreement establishing an Association between the Common Customs Tariff, and an increase in the European Economic Community and Turkey and to volumes of the quotas allocated to these Member the Additional Protocol (*) consequent on the States, accession of new Member States, the Community — for the new Member States, by a total suspension has undertaken, in an Interim Agreement (2) which of the duties applicable within the limits of the runs only for the period prior to the entry into quotas fixed above, increased in the same force of this Supplementary Protocol which is proportions ; applicable until 31 December 1974 but which has been extended for 1977 in accordance with the terms laid down in Article 13 thereof, to implement certain Whereas the volumes of the quotas to be opened for 1977 are therefore 1 026 metric tons for cotton provisions of the Suppilementary Protocol relating to trade in goods ; whereas, under Article 6 of this yarn and 2 415 metric tons for other woven fabrics Interim Agreement amending Article 1 of Annex 2 to of cotton; the Additional Protocol, the Community must reduce by 75% the customs duties on imports from Turkey Whereas pursuant to Article 1 of Annex 2 to the of certain textile products falling within heading Additional Protocol together with Article 2 of the Nos 55.05 and 55.09 of the Common Customs Tariff, Interim Agreement, for the duration of 1977 in within the limit of annual Community tariff quotas particular, tihe Community must partially reduce the of 390 metric tons for cotton yarn and 1 390 metric duties applicable in respect of third countries to tons for woven fabrics of cotton ; whereas the carpets, carpeting and rugs, knotted (made up or abovementioned Article 6 allocates these Community not) of wool or of fine animal hair (excluding hand­ tariff quotas as follows : made carpets, carpeting and rugs) imported from Turkey; whereas it also appears advisable to improve — for cotton yarn: this tariff advantage provisionally by means of a total suspension of the duties applicable to the 300 metric tons to the Community as originally products in question within a Community tariff constituted, quota fixed at a provisional level of 185 metric tons for 1977 and allocated in accordance with the same 40 metric tons to Denmark, 10 metric tons to percentages as those adopted for 1976; Ireland and 40 metric tons to the United King­ dom, Whereas, in order to comply with the special provisions of the Interim Agreement, different systems should be provided for the Member States of (») OJ No L 293, 29. 12. 1972, p. 4. the Community as originally constituted and for the (*) OJ No L 277, 3. 10. 1973, p. 2. new Member States ;

20. 12. 76 Official Journal of the European Communities No L 350/107

Whereas, as regards the Community as originally concerned, such allocation shall be in proportion constituted : to the needs of the Member States, assessed by reference both to the statistics of each State's imports from Turkey over a representative — it is necessary to guarantee to all Community period and to the economic outlook for the quota importers equal and uninterrupted access to the period concerned ; whereas, in spite of the limited abovementioned quotas and uninterrupted need for imports from Turkey of the products application of the rate laid down for those quotas concerned, as shown by the statistics for the to all imports of the product concerned into all majority of the Member States the Community Member States until the quota has been used up, character of the tariff quotas concerned should be safeguarded by making provisions to cover needs which might arise in these Member States; — in the light of the principles mentioned above, the Community nature of the quotas can best be respected by allocating the Community tariff quotas among the Member States ; whereas, in imports into the various Member States from order to reflect most accurately the actual Turkey were as follows during the last three years development of the market in the product for which complete statistics are available:

1973 1974 1975

metric tons % metric tons % metric tons %

Cotton yarn Germany 10 734 42-56 6 333 29-01 14 196 51-63 Benelux 6 795 26-95 7 000 32-07 4 255 15-48 France 162 0-64 1 806 8-27 1 044 3-80 Italy 1 Sil 29-85 6 690 30-65 7 998-6 29-09

Other woven fabrics of cotton : Germany 877 30-62 456 24-52 151 10-50 Benelux 953 33-27 1 000 53-76 948 65-91 France 412 14-39 194 10-43 95 6-61 Italy 622 21-72 210 11-29 244-2 16-98

in view of these figures and foreseeable market — in order to take into account the uncertainty of trends for the products concerned during 1977, the import trends for the products concerned in the initial shares may be fixed approximately at the Member States, the quota volumes should be the following percentages : divided into two instalments, the first instalment being allocated to the Member States and tihe other woven second held as a reserve intended ultimately to fabrics of cotton cover the requirements of those Member States cotton yarn which have used up their initial shares ; whereas, Germany 44-7 23-1 in order to ensure a certain degree of security Benelux 20-0 30-8 to importers, the first instalment should be determined at a relatively high level, which, under France 5-3 34-6 present circumstances , may be about 73% of each Italy 30-0 11-5 quota volume,

No L 350/ 108 Official Journal of the European Communities 20. 12. 76

— the initial quota shares of the Member States concerning the administration of the quota shares may be used up at different times ; whereas, in allocated to that economic union may be carried order to take this fact into account and avoid out by any of its members ; any break in continuity, it is important that any Member State having used up almost the whole Whereas as regards the new Member States in of one of its initial quota shares sihould draw particular: an additional quota share from the corresponding — the quota volumes to be allocated to those new reserve ; whereas, this must be done by each Member State as and when each of its additional Member States under Article 6 of the Interim quota shares is almost entirely used up, and Agreement as well as the duties to be applied in chose Member States for the purposes of these repeated as many times as each of the reserves quotas determined in accordance with Article 2 allows ; whereas each of the initial and additional quota shares must be available for use until the of the said Agreement, must be adjusted as set out above, end of the quota period ; whereas this method of administration calls for close co-operation — equal and uninterrupted access to the quotas between Member States and the Commission, should be ensured to all importers and the duties which must, in particular, be able to observe the should be applied without interruption to all extent to which the quota amount is used and imports of the products concerned until the inform Member States thereof, quotas have been used up, — if, at a specified date in the quota period, a considerable balance remains in one or other Member State it is essential that that Member State pays a percentage of it back into the HAS ADOPTED THIS REGULATION : corresponding reserve, in order to prevent a part of one or other of the Community quotas from remaining unused in one Member State when it Article 1 could be used in others, — since the Kingdom of Belgium, the Kingdom of 1 . From 1 January until 31 December 1977, Com­ the Netherlands and the Grand Duchy of munity tariff quotas shall be opened for the Luxembourg are united in and represented by following products coming from Turkey as shown the Benelux Economic Union, any measure below :

CCT Quota heading Description (metric tons) No

55.05 Cotton yarn, not put up for retail sale 1 026 55.09 Other woven fabrics of cotton 2 415 58.01 Carpets , carpeting and rugs (made up or not) : ex A. Of wool or of fine animal hair excluding handmade carpets , carpeting and rugs 185

2. The quotas shall ibe allocated and administered in suspended within the limit of 870 metric tons for accordance with the following provisions. cotton yarn not put up for retail sale, 1 737 metric tons for other woven fabrics of cotton, and 128 metric tons for carpets made of wool or fine animal SECTION I hair.

Provisions relating to the Community as originally constituted Article 3 Article 2

Within the . quota referred to in Article 1 , the 1 . The quotas referred to in Article 2 shall be Common Customs Tariff duties shall be totally divided into two instalments .

20. 12 . 76 Official Journal of the European Communities No L 350/ 109

2. The first instalment of each of these quotas shall Article S be shared among the Member States ; the shares, which subject to Article 6 shall be valid until Each of the additional shares drawn pursuant to Article 4 shall be valid until 31 December 1977 . 31 December 1977, shall be as follows:

(in metric ton(s Article 6 CCT heading No The Member States shall return to the reserve, not 55.05 55.09 ex 58.01 A later than 1 October 1977, the unused portion of their initial share which, on 15 September 1977, is Germany 2S4 293 36 in excess of 20% of the initial amount. They may Benelux 128 391 14 return a greater portion if there are grounds for believing that such portion may not be used in full . France 34 439 26 Italy 190 146 18 Member States shall, not later than 1 October 1977, notify the Commission of the total imports of the 636 1 269 94 products concerned effected under the Community quotas up to and including 15 September 1977 and, where appropriate, the proportion of each of their initial shares that they are returning to each of the The second instalment of each quota, amounting to reserves . 234, 468 and 34 metric tons respectively, shall constitute the corresponding reserve. , Article 7

Article 4 The Commission shall keep account of the shares opened by Member States in accordance with Article 3 and 4 and shall inform each of them of the extent 1 . If 90% or more of one of any Member State's to which the reserves have been used as soon as it initial shares, as (laid down in Article 3 (2) or 90% receives the notifications . of that share less the amount returned into the corresponding reserve, where Article 6 has been applied, has been used up, that Member State shall It shall, not later than 5 October 1977, notify the without delay, by notifying the Commission, draw Member States of the state of each of the reserves a second share in the quota equal to 15% of its after the return of shares pursuant to Article 6. initial sihare, rounded up to the next unit where appropriate, to the extent that the amount in the It shall ensure chat any drawing which uses up a reserve allows . reserve is limited to the balance available and, for this purpose, shall specify the amount thereof to 2. If, after one or other of its initial shares has the Member State which makes the final drawing. been used up, 90% or more of the second share drawn by one of the Member States has been used Article 8 up, that Member State shall, in the manner provided for in paragraph 1 , draw a third share equal to Member States shall take all measures necessary to 7-5% of its initial share. ensure that, when additional shares are drawn pursuant to Article 4, it is possible for imports to 3 . If, after one or other of its second shares has be counted without interruption against their been used up, 90% or more of the third share drawn accumulated shares of the Community tariff quotas. by a Member State has been used up, the latter shall, in the same manner, draw a fourth share equal to the third .

SECTION II This procedure shall be followed until the reserve has been exhausted. Provisions applicable to the new Member States 4. Notwithstanding paragraphs 1, 2 and 3 , Member States may draw smaller shares than those fixed in Article 9 those paragraphs if there is reason to believe that those shares might not be used up. They shall inform 1. Within the tariff quotas referred to in Article 1 , the Commission of their reasons for applying this the following shares shall be allocated to the new paragraph. Member States :

No L 350/110 Official Journal of the European Communities 20. 12. 76

(in metric tons) 2. Memlber States shall count imports oif the prod­ ucts concerned against their shares as and when such CCT heading No products are presented for customs clearance under cover of a declaration that they have been made 55.05 55.09 ex 58.01 A available for consumption . Denmark 69 35 14 Ireland 18 18 2 3 . The extent to which the Member States' shares United Kingdom 69 625 41 have been used up shall be established on the basis of imports counted in accordance with paragraph 2. 156 678 57

Article 11 2. Within the limits of these quotas, the new On receipt of a request from the Commission, Member States shall apply zero duties for the textile Memlber States shall inform it of imports of the prod­ products concerned. ucts concerned actually charged against their shares.

SECTION III Article 12

General provisions The Member States and the Commission shall cooperate closely in order to ensure tihat this Regulation is observed. Article 10

1. Memlber States shalll take all measures necessary Article 13 to ensure for importers of the products concerned established in their territory free access to the shares This Regulation shall enter into force on 1 January allocated to them. 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