31985R3131

16 . 11 . 85 No L 304 / 5 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 3131 / 85

of 22 October 1985

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 and originating in Spain ( 1986)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Member State 1982 1983 1984

Benelux 1,8 0,7 7.2 Denmark 0,3 0,1 2,9 Having regard to the Treaty establishing the European Germany 5,3 4.1 11,9 Greece 1,1 1.3 Economic Community , and in particular Article 113 France 63,5 58,2 39,4 thereof, Ireland 22,3 27,8 13,9 Italy 3,2 4.2 10,8 United Kingdom 3,6 3,8 12,6 Having regard to the proposal from the Commission ,

Whereas an Agreement between the European Economic Community and Spain (*) was concluded on 29 June 1970 Whereas , in view of these factors , and of market forecasts and supplemented by the Protocol to the Agreement for the products in question and in particular of the between the European Economic Community and Spain estimates submitted by certain Member States , initial quota consequent on the accession of the Hellenic Republic to the shares may be fixed approximately at the following Community ( 2 ); percentages :

Whereas the Community committed itself, under this Agreement , to opening an annual total Community tariff Benelux 4,7 quota of 2 013 tonnes of other woven fabrics of cotton , Denmark 3,5 falling within heading No 55.09 of the Common Customs Germany 5,9 Tariff and originating in Spain ; whereas , the quota duty is Greece 0,6 equal to 40 % of the Common Customs Tariff duty in France 55,6 respect of the products concerned ; whereas this Ireland 22,0 Community tariff quota should be opened for 1986 ; Italy 4,7 United Kingdom 3,0

Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted access to Whereas , in order to take into account import trends for the abovementioned quota and uninterrupted application of the rate laid down for that quota to all imports of the the products concerned in the various Member States , the products concerned into all Member States until the quota quota volume should be divided into two instalments , the has been used up ; whereas , having regard to the principles first being shared among the Member States and the second constituting a reserve to cover at a later date the mentioned above , the Community nature of the quota can be respected by allocating the Community tariff quota requirements of those Member States having used up their among the Member States ; whereas , to reflect as accurately initial quota shares ; whereas in order to give importers in as possible the true trend of the market of the products in each Member State a certain degree of security , the first question , such allocation should be in proportion to the instalment of the Community quota should under present circumstances be fixed at 85 % of the quota ; requirements of the Member States calculated by reference to the statistics of imports from Spain over a representative period and also to the economic outlook for the quota period concerned ; Whereas the Member States' initial shares may be used up at different times ; whereas , in order to take this fact into account and avoid any break in continuity , any Member Whereas , during the last three years for which statistics are State which has almost used up its initial share should draw available , the corresponding imports by each of the an additional share from the reserve ; whereas this must be Member States represent the following percentages of the done by each Member State as and when each of its imports into the Community from Spain of the products concerned : additional shares is almost used up , and repeated as many times as the reserve allows ; whereas the initial and additional shares must be valid until the end of the quota period ; whereas this method of administration requires 0 ) OJ No L 182 , 16 . 8 . 1970 , p . 1 . close cooperation between the Member States and the ( 2 ) OJ No L 326 , 13 . 11 . 1981 , p . 1 . Commission , and the latter must be in a position to

No L 304 / 6 Official journal of the European Communities 16 . 11 . 85

monitor the extent to which the quota volume has been economic union may be carried out by any of its used up and to inform the Member States thereof; members ,

Whereas if, at a given date in the quota period , a substantial quantity of an initial share remains unused in a Member State , it is essential that that Member State should HAS ADOPTED THIS REGULATION : return a significant proportion to the reserve , to prevent a part of any Community quota from remaining unused in one Member State when it could be used in others ; Article 1

Whereas , since the Kingdom of Belgium , the Kingdom of From 1 January until 31 December 1986 the Common the Netherlands and the Grand Duchy of Luxembourg are Customs Tariff duties in respect of the products originating united within and jointly represented by the Benelux in Spain and listed below shall be partially suspended at the Economic Union , any operation concerning the levels indicated for each of them within the limits of a administration of the quota shares allocated to that global Community tariff quota of 2 013 tonnes :

CCT Rate of heading Description duty 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 4,2 II . Other 4,2 B. Other : I. Of a width of less than 85 cm 4.2 II . Other 4.3

Article 2 15 % of its initial share, rounded up where necessary to the next unit . 1 . A first instalment amounting to 1 700 tonnes of the Community tariff quota referred to in Article 1 shall be 2 . If, after its initial share has been used up , 90 % or allocated among the Member States ; the respective shares , more of the second share drawn by a Member State has which subject to Article 5 shall be valid until 31 December been used up , that Member State shall , in accordance with 1986 , shall be as follows : the conditions laid down in paragraph 1 , draw a third share equal to 7,5 % of its initial share , rounded up where (tonnes) necessary to the next unit . Benelux 80 Denmark 60 3 . If, after its second share has been used up , 90 % or 100 Germany more of the third share drawn by a Member State has been Greece 10 used up , that Member State shall , in accordance with the France 945 same conditions , draw a fourth share equal to the third . Ireland 375 Italy 80 This process shall continue until the reserve is used up . United Kingdom 50 4 . By way of derogation from paragraphs 1 , 2 and 3 , a 2 . The second instalment of 313 tonnes shall constitute Member State may draw shares smaller than those fixed in the reserve . those paragraphs if there is reason to believe that these might not be used up . It shall inform the Commission of its reasons for applying this paragraph . Article 3

1 . If 90 % or more of a Member State's initial share as specified in Article 2 ( 1 ), or 90 % of that share minus the Article 4 portion returned to the reserve where Article 5 is applied , has been used up , then , to the extent permitted by the amount of the reserve , that Member State shall forthwith , Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1986 . by notifying the Commisison , draw a second share equal to

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Article S Article 7

1 . The Member States shall take all measures necessary to The Member States shall return to the reserve, not later ensure that additional shares drawn pursuant to Article 3 than 1 October 1986 , such unused portion of their initial are opened in such a way that imports may be charged share which , on 15 September 1986 , is in excess of 20 % without interruption against their accumulated shares of of the initial volume . They may return a larger quantity if the Community quota . there are grounds for believing that it may not be used . 2 . The Member States shall ensure that importers of the products in question have free access to the shares allocated The Member States shall , not later than 1 October 1986 , to them . notify the Commission of the total quantities of the products in question up to 15 September 1986 and charged 3 . The Member States shall charge imports of the said against the tariff quota and of any quantities of the initial shares returned to the reserve . goods against their shares as and when the goods are entered with the customs authorities for free circulation .

4 . The extent to which a Member State has used up its Article 6 share shall be determined on the basis of the imports charged in accordance with paragraph 3 .

The Commission shall keep an account of the shares Article 8 opened by Member States in accordance with Articles 2 and 3 and shall , as soon as it is notified, inform each At the request of the Commission, Member States shall Member State of the extent to which the reserve has been inform it of imports of the products concerned actually used up . charged against their shares .

Article 9 It shall inform the Member States , not later than 5 October 1986 , of the amount in the reserve after quantities have The Member States and the Commission shall cooperate been returned pursuant to Article 5 . closely in order to ensure compliance with this Regulation. The Commission shall ensure that any drawing which exhausts the reserve does not exceed the balance available Article 10 and , to this end , shall notify the amount of that balance to the Member State which makes such last drawing. This Regulation shall enter into force on 1 January 1986 .

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

Done at Luxembourg , 22 October 1985 .

For the Council

The President

J. F. POOS