31986R4015

31 . 12 . 86 Official Journal of the European Communities No L 374 / 31

COUNCIL REGULATION ( EEC ) No 4015 / 86

of 16 December 1986 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 ( 1987 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , to the statistics of imports from Spain over a representative period and also to the economic outlook for the quota period concerned ;

Having regard to the Act of Accession of Spain and Portugal , and in particular Articles 30 and 31 thereof, Whereas , during the last three years for which statistics are available , the corresponding imports by each of the Member States represent the following percentages of the Having regard to the proposal from the Commission , imports into the Community from Spain of the products concerned :

Whereas , under Articles 30 and 31 of the Act of Accession , Member State 1983 1984 1985 the customs duties applicable , on the import into the Community of Ten , of other woven fabrics of cotton Benelux 0,7 7,2 8,7 falling within tariff heading 55.09 and originating in Spain Denmark 0,1 2,9 1,9 within the limits of a Community tariff quota of 2 013 Germany 4,1 11,9 5,7 tonnes shall be progressively abolished ; whereas these Greece — 1,1 1,3 duties will be reduced to 77,5 % of the basic duties on France 58,2 39,4 49,1 1 January 1987 ; whereas by derogation from Article 30 of Ireland 27,8 13,9 2,2 the Act of Accession , Regulation ( EEC ) No 443 / 86 (') Italy 4,2 10,8 15,7 provides that the basic duties shall be those which were United Kingdom 3,8 12,6 16,7 actually applied on 1 January 1986 ; whereas , therefore , to establish the duties applicable on the import of these products , a Community tariff quota should be opened for the period 1 January to 31 December 1987 for 2 013 Whereas , in view of these factors , and of market forecasts tonnes of other woven fabrics of cotton , originating in for the products in question and in particular of the Spain , falling within heading 55.09 of the Common estimates submitted by certain Member States , initial quota Customs Tariff at the duties as shown in the list in shares may be fixed approximately at the following Article 1 ; percentages :

Benelux 4,5 Whereas Article 1 of Protocol 3 annexed to the Act of Denmark 3,4 Accession provides for particular rules for the import into Germany 5,6 Portugal of the products in question , originating in Spain ; Greece 0,6 whereas , consequently , the Community tariff quota is France 53,4 applicable only in the Community of Ten ; Ireland 21,2 Italy 8,5 United Kingdom 2,8 Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted application Whereas , in order to take into account import trends for 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 mentioned above , the Community nature of the quota can constituting a reserve to cover at a later date the 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 requirements of the Member States calculated by reference circumstances be fixed at 88 % of the quota ;

Whereas the Member States' initial shares may be used up OJ No L 50 , 28 . 2 . 1986 , p. 9 . at different times ; whereas , in order to take this fact into

No L 374 / 32 Official Journal of the European Communities 31 . 12 . 86

account and avoid any break in continuity , any Member part of any Community quota from remaining unused in State which has almost used up its initial share should draw one Member State when it could be used in others ; an additional share from the reserve ; whereas this must be done by each Member State as and when each of its Whereas, since the Kingdom of Belgium , the Kingdom of additional shares is almost used up, and repeated as many the Netherlands and the Grand Duchy of Luxembourg are times as the reserve allows ; whereas the initial and united within and jointly represented by the Benelux additional shares must be valid until the end of the quota Economic Union , any operation concerning the period ; whereas this method of administration requires administration of the quota shares allocated to that close cooperation between the Member States and the economic union may be carried out by any of its Commission , and the latter must be in a position to members , monitor the extent to which the quota volume has been used up and to inform the Member States thereof;

HAS ADOPTED THIS REGULATION :

Article1¶

From 1 January to 31 December 1987 , on the imports into Whereas if, at a given date in the quota period , a the Community of Ten , the duties for the following substantial quantity of an initial share remains unused in a products originating in Spain shall be suspended at a level Member State , it is essential that that Member State should and within the limits of a Community tariff quota as return a significant proportion to the reserve , to prevent a follows :

Quota Rate of Order No CCT heading No Description volume duty­ ( tonnes ) ( % )

09.0315 55.09 Other woven fabrics of cotton : 2 013 A. Containing 85 % or more by weight of cotton : I. Of a width of less than 85 cm 3,1 II . Other 3,1 B. Other : I. Of a width of less than 85 cm 3,1 II . Other 3,1

portion returned to the reserve where Article 5 is applied , Article 2 has been used up , then , to the extent permitted by the amount of the reserve , that Member State shall forthwith , 1 . A first instalment amounting to 1 770 tonnes of the by notifying the Commission , draw a second share equal to Community tariff quota referred to in Article 1 shall be 15 % of its initial share, rounded up where necessary to the allocated among the Member States ; the respective shares , next unit . which subject to Article 5 shall be valid until 31 December 1987 shall be as follows :

(tonnes) Benelux 80 2 . If, after its initial share has been used up , 90 % or Denmark 60 more of the second share drawn by a Member State has Germany 100 been used up , that Member State shall , in accordance with Greece 10 the conditions laid down in paragraph 1 , draw a third France 945 share equal to 7,5 % of its initial share, rounded up where Ireland 375 necessary to the next unit . Italy 150 United Kingdom 50

2 . The second instalment of 243 tonnes shall constitute the reserve . 3 . If, after its second share has been used up , 90 % or more of the third share drawn by a Member State has been used up , that Member State shall , in accordance with the Article 3 same conditions , draw a fourth share equal to the third .

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 This process shall continue until the reserve is used up.

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4 . By way of derogation from paragraphs 1 , 2 and 3 , a and , to this end , shall notify the amount of that balance to Member State may draw shares smaller than those fixed in the Member State which makes such last drawing. those paragraphs if there is reason to believe that these might not be used up . It shall inform the Commission of its Article 7 reasons for applying this paragraph .

1 . The Member States shall take all measures necessary to Article 4 ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged Each of the additional shares drawn pursuant to Article 3 without interruption against their accumulated shares of shall be valid until 31 December 1987 . the Community quota .

2 . The Member States shall ensure that importers of the Article 5 products in question have free access to the shares allocated to them . The Member States shall return to the reserve , not later than 1 October 1987 , such unused portion of their initial 3 . The Member States shall charge imports of the said share which , on 15 September 1987 , is in excess of 20 % goods against their shares as and when the goods are of the initial volume . They may return a larger quantity if entered with the customs authorities for free circulation . there are grounds for believing that it may not be used . 4 . The extent to which a Member State has used up its The Member States shall , not later than 1 October 1987 , share shall be determined on the basis of the imports notify the Commission of the total quantities of the charged in accordance with paragraph 3 . products in question up to 15 September 1987 and charged against the tariff quota and of any quantities of the initial shares returned to the reserve . Article 8

At the request of the Commission , Member States shall Article 6 inform it of imports of the products concerned actually charged against their shares . The Commission shall keep an account of the shares opened by Member States in accordance with Articles 2 and 3 and shall , as soon as it is notified , inform each Article 9 Member State of the extent to which the reserve has been used up . The Member States and the Commission shall cooperate closely in order to ensure compliance with this It shall inform the Member States , not later than 5 October Regulation . 1987 , of the amount in the reserve after quantities have been returned pursuant to Article 5 . Article 10 The Commission shall ensure that any drawing which exhausts the reserve does not exceed the balance available This Regulation shall enter into force on 1 January 1987 .

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

Done at Brussels , 16 December 1986 .

For the Council

The President

G. HOWE