31977R3009
31 . 12 . 77 Official Journal of the European Communities No L 355 / 11
COUNCIL REGULATION ( EEC) No 3009/77 of 20 December 1977 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 ( 1978)
THE COUNCIL OF THE EUROPEAN in question, the allocation should follow proportio COMMUNITIES, nately the requirements of the Member States calcu lated from both statistics of imports of the products in question from Spain during a representative period Having regard to the Treaty establishing the European and the economic outlook for the tariff period in ques tion : Economic Community, and in particular Article 113 thereof,
Whereas, during the last three years for which statis Having regard to the proposal from the Commission, tics are available, the corresponding imports by each of the Member States represent the following percen tages of the imports into the Community from Spain Whereas the Agreement between the European of the products concerned : Economic Community and Spain ( ! ) provides in Article 2 ( 1 ) together with Article 4 of Annex I for the Member States 1974 1975 1976 opening by the Community of an annual Community tariff quota of 1 800 tonnes of other woven fabrics of cotton falling within heading No 55.09 of the Benelux 18-5 12-7 18-7 Denmark 0 0 00 00 Common Customs Tariff, originating in Spain ; Germany 3-6 6-7 4-4 whereas, pursuant to Article 2 of the said Annex, the France 56-9 70-9 68-8 quota duty is equal to 40 % of the Common Customs Ireland 3-1 1-2 0-5 Tariff duty in respect of the products concerned ; 5-7 5-2 5-8 Italy whereas the Community tariff quota contains quota 12-2 3-3 1-8 United Kingdom 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 respectively ; whereas this preferential arrangement has been provided only for imports of these products Whereas, in view of these factors, of the foreseeable into the Member States of the Community in its orig inal composition ; whereas, pursuant to the Act of development of the market for the products in ques Accession, imports of these products into the three tion and in particular of the estimates submitted by new Member States are subject to the rates of duty of certain Member States, initial quota shares may be the Common Customs Tariff from 1 July 1977 ; fixed approximately at the following percentages : whereas the import arrangements relating to these products should be uniform throughout the Commu Benelux 6-15 nity ; whereas the aforementioned annual quota Denmark 0-39 volume should be increased to 1 900 tonnes ; whereas Germany 615 this Community tariff quota should be opened for France 70-77 1978 ; Ireland 1-54 Italy 13-08 United Kingdom 1-92 ; Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted appli cation of the rate laid down for that quota to all Whereas to take account of future import trends in imports of the products concerned into all Member the various Member States of the product under States until the quota has been used up ; whereas, consideration , the total quota volume should be having regard to the principles mentioned above, the divided into two tranches, the first being shared Community nature of the quota can be respected by among the Member States and the second held as a allocating the Community tariff quota among the reserve to cover at a later date the requirements of Member States ; whereas to represent as closely as those Member States having used up their initial possible the actual trend of the market in the products share ; whereas to give Member State importers some certainty, the first of the Community quota might be (!) OJ No L 182, 16 . 8 . 1970, p. 2. fixed at 68 % of the quota volume ;
No L 355/ 12 Official Journal of the European Communities 31 . 12. 77
Whereas the initial shares of Member States may be remaining unused in one Member State while it could used up more or less quickly ; whereas, therefore, to be used in others ; avoid disruption of supplies any Member State which Whereas since the Kingdom of Belgium, the has almost used up its initial share, must draw a Kingdom of the Netherlands and the Grand Duchy of supplementary share from the reserve ; whereas this Luxembourg are united in and represented by the must be done by each Member State as each one of its Benelux Economic Union any measure concerning supplementary shares is almost used up, and as many the administration of the shares allocated to that times as the reserve allows ; whereas the initial and economic union may be carried out by any one of its supplementary shares must be valid until the end of members, the quota period ; whereas this form of administration requires close collaboration between the Member States and the Commission , and the Commission HAS ADOPTED THIS REGULATION : must be in a position to follow the extent to which the quota volume has been used up and inform the Article 1 Member States thereof ; From 1 January until 31 December 1978 , the Whereas if, at a given date in the quota period, a Common Customs Tariff duties in respect of the considerable quantity of the initial share is left over in products originating in Spain and listed below shall be a Member State, it is essential that each State should partially suspended at the levels indicated for each of return a significant proportion to the reserve, to them within the limits of a global Community tariff prevent a part of the Community quota from quota of 1 900 tonnes :
CCT heading No Description Rate of duty %
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 60
Article 2 share less the amount returned into the reserve, where the provisions of Article 5 have been applied has been 1 . A first tranche amounting to 1 300 tonnes of the exhausted, that Member State shall proceed without Community tariff quota referred to in Article 1 , shall delay, by notifying the Commission, to draw a second be allocated among the Member States ; the share share equal to 1 5 % of its share, rounded up to the which, subject to Article 5, shall be valid until 31 next unit where appropriate, to the extent that the December 1978 , shall be as follows : amount in the reserve allows . (tonnes) Benelux 80 Denmark 5 2. If, after its initial share has been exhausted, Germany 80 France 920 90 % or more of the second share drawn by a Ireland 20 Member State has been used, that Member State shall Italy 1 70 proceed without delay, by notifying the Commission, United Kingdom 25 ; to draw a third share equal to 7-5 % of its initial share, rounded up to the next unit where appropriate, to the extent that the amount in the reserve allows . 2. The second tranche, of 600 tonnes, shall consti tute the reserve .
3 . If, after its second share has been exhausted, Article 3 90 % or more of the third share drawn by a Member State has been used up, that Member State shall in 1 . If 90 % or more of the initial share of a Member accordance with the same conditions, draw a fourth State, as laid down in Article 2 ( 1 ), or 90 % of that share equal to the third .
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This process shall be applied until the reserve is The Commission shall ensure that any drawing which exhausted . uses up the reserve is limited to the balance available and, for this purpose, shall specify the amount thereof 4. Notwithstanding the provisions of paragraphs 1 , to the Member State which makes the final drawing. 2 and 3, the Member States may proceed to draw shares smaller than those fixed in those paragraphs, if Article 7 there is reason to believe that those shares might not be used up. They shall inform the Commission of the 1 . The Member States shall take all appropriate reasons which led them to apply this paragraph. measures to ensure that, when additional shares are drawn pursuant to Article 3, it is possible for charges Article 4 to be made, without interruption, against their accu mulated shares of the Community quota. Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1978 . 2. The Member States shall ensure that importers of the said goods established in their territory have Article 5 free access to the shares allocated to them .
The Member States shall return to the reserve, not 3 . The Member States shall charge imports of the later than 1 October 1978 , the unused portion of their said goods against their shares as and when the goods initial share which, on 15 September 1978 , is in are entered for home use . excess of 20 % of the initial amount. They may return a greater portion if there are grounds for believing 4. The extent to which a Member State has used up its share shall be determined on the basis of the that such portion may not be used in full. imports charged in accordance with paragraph 3 . The Member States shall , not later than 1 October 1978, notify the Commission of the total imports of Article 8 the products concerned effected up to 15 September 1978 inclusive, and charged against the Community On receipt of a request from the Commission, quota and, where appropriate, the proportion of their Member States shall inform it of imports actually initial share that is being returned to the reserve. charged against their shares .
Article 6 Article 9 The Commission shall keep account of the shares The Member States and the Commission shall coop opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent erate closely in order t:o ensure that this Regulation is observed . to which the reserve has been used as soon as it receives the notifications . Article 10 The Commission shall , not later than 5 October 1978 , notify Member States of the amount in the reserve This Regulation shall enter into force on 1 January after the return of shares pursuant to Article 5. 1978 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 20 December 1977 For the Council
The President H. SIMONET