31987R3783

No L 367 / 58 Official Journal of the European Communities 28 . 12 . 87

COUNCIL REGULATION ( EEC) No 3783/87

of 3 December 1987

concerning the administration of the generalized tariff preferences applicable for 1988 to textile products originating in devloping countries

THE COUNCIL OF THE EUROPEAN COMMUNTIES , Whereas , as regards the Community tariff quotas allo­ cated among the Member States : Having regard to the Treaty establishing the European — it is necessary to guarantee to all importers equal Economic Community , and continuous access to the abovementioned quo­ tas and uninterrupted application of the rates laid down for them to all imports of the products con­ Having regard to Council Regulation ( EEC ) No 3782/ cerned into all Member States until they have been 87, of 3 December 1987 , applying the generalized tariff used up, preferences for 1988 to textile products originating in developing countries (>), and in particular Article 2 — having regard to the abovementioned principles, it thereof, would appear that the Community nature of the quotas can be respected by allocating them among the Member States , Having regard to the proposal from the Commission , — drawings against the quotas can only be made for goods entered for free circulation accompanied by a Whereas the Council has adopted generalized tariff certificate of origin ; preferences for 1988 applicable to textile products orig­ inating in developing countries ; Whereas , as regards the Community tariff ceilings the objectives sought may be achieved by applying a Whereas it is therefore appropriate to specify the rel­ method of administration based on the charging, at evant management provisions ; Community level, of imports of the products in ques­ tion against the ceilings as and when these products are entered for free circulation and are accompanied by a Whereas , in order to ensure that each of the countries certificate of origin ; whereas this method of adminis­ or territories referrred to in Annexe I to Regulation tration must make provision for the reintroduction of ( EEC) No 3782 /87 has access to the preferential vol­ the levying of customs duties as soon as the said ceil­ umes, quotas and separate tariff ceilings for each bene­ ings are reached at Community level ; ficiary should be specified for each category of prod­ ucts and in view of the links which continue to exist Whereas the methods of administration for the prod­ with international control of trade in textiles , it is appropriate to allocate the quotas listed in the Annexes ucts listed in Annexes I and II to Regulation (EEC) to Regulation ( EEC ) No 3782 / 87 between the Member No 3782 /87 call for close and particularly rapid coop­ eration between Member States and the Commission, States according to the scale contained within the MFA which must, in particular, be able to keep under obser­ framework, establishing for each of the Member States participation percentages as follows : vation the extent to which charges are made against the quotas and the ceilings and inform Member States ther­ Benelux 9,5 % eof ; whereas such cooperation should be particularly Denmark close in view of the need for Commission to be able to 2,7 % Germany take appropriate measures to reintroduce customs 25,5 % Greece duties , when any of the ceilings is reached at Com­ 1,5 % munity level ; Spain 7,5 % France 16,5 % Ireland 0,8 % Whereas, having regard to the rules applying to the Italy 13,5 % repayment or remission of import or export duties, and Portugal 1,5 % in particular to Regulation ( EEC) No 1430/79 (2) and United Kingdom 21,0% Regulation ( EEC) No 3040/ 83 (3), a procedure should be laid down to regularize imports actually made within the preferential tariff limits opened under Regu­ Whereas for the quotas for textile products and apparel lation ( EEC) No 3782/87 and thus provision should be listed in Annex II to Regulation ( EEC ) No 3782 / 87 made for the Commission to be able to take appro­ allocation amongst Member States is appropriate priate measures ; whereas in order to avoid such regu­ according to the percentages set out above ;

2) OJ No L 175 , 12 . 7 . 1979, p. 1 . (') See page 1 of this Official Journal . (3) OJ No L 297 , 29 . 10 . 1983 , p . 13 .

28 . 12 . 87 No L 367 / 59 Official Journal of the European Communities

lanzation causing excessive tariff ceiling overruns , one of the countries and territories referred to in provision should at the same time be made for the Article of Regulation ( EEC) No 3782/87 , under the Commission to be able to terminate set-offs , conditions laid down in Article 3 of this Regulation .

Whereas it is necessary to establish complete statistics In the case of such a reintroduction, Spain and Portu­ on imports admitted in accordance with the provisions gal shall reintroduce the levying of customs duties that of Regulation ( EEC) No 3782 / 87 and to apply to the they shall apply to third countries on the date in ques­ collection , preparation and transmission of these statis­ tion . tics Regulations ( EEC ) No 1736 / 75 0 ) and No 3367 / 87 ( 2); By means of a regulation , the Commission may, even after 31 December 1988 , take measures to stop quanti­ Whereas, since the Kingdom of Belgium , the Kingdom ties being charged against one or other preferential tar­ of the Netherlands and the Grand Duchy of Luxem­ iff limit, if, particularly as a result of regularizations of bourg are united within and jointly represented by the imports actually made during the period referred to in Benelux Economic Union , any measure concerning the Article 1 of Regulation ( EEC) No 3782 /87, these limits administration of the shares allocated to that economic are exceeded . union may be carried out by any one of its members ,

The Member State which initiates such regularizations shall communicate to the Commission as and when the HAS ADOPTED THIS REGULATION : figures of import charges relating thereto . The Commis­ sion , on receiving these communications, shall inform the other Member States thereof. Article I

The quotas and ceilings established by Regulation SECTION II ( EEC ) No 3782 /87 shall be administered according to the provisions of Sections I and II . Provisions concerning the administration of the Community tariff quotas allocated among Member States SECTION I

Provisions concerning the administration of the Article 5 Community tariff ceilings The total suspension of customs duties within the Article 2 framework of the Community tariff quotas allocated among the Member States, referred to in Article 1 of Subject to Articles 3 and 4, preferential tariff treatment Regulation ( EEC) No 3782/87, concerns the categories shall be accorded for each category of products sub­ of products in Annexes I and II of the said Regulation jected in Annexes I and II to Regulation ( EEC ) for each of which the volume of the quota is specified No 3782/ 87 to individual ceilings within the limits of individually in column 6 of those Annexes with regard the quantities specified in column 7 of Annexes I to certain beneficiary countries or territories of origin and II to the said Regulation respectively , to certain or listed in column 5 of the same Annexes . each of the Countries or territories of origin listed in column 5 of those Annexes . Article 6 A rticle 3 1 . The individual Community tariff quotas referred to in Article 5 shall be allocated in accordance with the As soon as the individual ceilings determined in accordance with Article 2 are reached at the Com­ following scale both for products covered by the MFA and for the other textile products : munity level, the levying of customs duties on imports of the products in question originating in each of the Benelux 9,5 countries or territories concerned may at any time be Denmark 2,7 reintroduced until the end of the period referred to in Germany 25,5 Article 1 of Regulation ( EEC) No 3782 / 87 . Greece 1,5 Spain 7,5 France 16,5 A rticle 4 Ireland 0,8 Italy 13^5 The Commission shall reintroduce, by means of a regu­ Portugal 1,5 lation , the levying of customs duties in respect of anv United Kingdom 21,0.

(') OJ No L 183 , 14. 7 . 1975 , p . 3 . 2 . Each Member State shall determine its own share O OJ No L 321 , 11 . 11 . 1987 , p . 3 . by applying the appropriate percentage to the volumes

No L 367 / 60 Official Journal of the European Communities 28 . 12.87

indicated in column 6 of Annexes I and II to Regula­ Article 11 tion ( EEC) No 3782 / 87 rounding up the result to the 1 . The Member States shall , within six weeks of the next higher unit ( Kilogram , piece or pair ) if necessary . end of each quarter at the latest, forward to the Statisti­ cal Office of the European Communities the relevant Article 7 statistical data for the products entered for free circula­ tion in the quarter concerned under generalized prefer­ Member States shall take all measures necessary to ential treatment in accordance with the provisions of ensure that importers of the products concerned have free access to the shares allocated to them . the present Regulation . This data, transmitted accord­ ing to the codes of the Combined Nomenclature and, where applicable , of the TARIC , shall show the coun­ A rticle 8 try of origin , value, quantity and any supplementary By 28 February 1989 at the latest . Member States shall units as defind by Regulations ( EEC ) No 1736/75 and notify the Commission of the final total of the quanti­ ( EEC ) No 3367 / 87 . ties charged and any balance of shares still unused at 31 December 1988 . Up to the limit of the balance 2 . However, in the case of products subject to quotas, the Member States shall , by the 1 1th day of each month remaining , and at the request of the Member States , the Commission shall authorize the Member States to at the latest , forward to the Commission the list of charges effected during the previous month . make any necessary regularization of the quantities charged against imports actually made during the In the case of products subject to ceilings, the Member period referred to in Articlc 1 of Regulation ( EEC ) States shall forward to the Commission , at its request No 3782 / 87 . The Commission shall inform the other Member States thereof. and under the same conditions, the list of charges effected during the previous month .

SECTION 111 At the Commission 's request, when the level of 75 % of the ceiling is reached , the Member States shall forward General provisions to the Commission the lists of charges every 10 days ; these lists shall be forwarded within five days from the Article 9 end of each 10-day period . Articles 3 , 4 and 5 shall not apply to the countries listed 3 . The Commission shall ensure the publication in the in Annex V of Regulation ( EEC ) No 3782 / 87 . Official Journal of the European Communities (C series) the tariff ceilings as and when they reach 100% utiliza­ Article 10 tion . 1 . Imports of the products in question shall be charged against the national shares of Member States It shall see that the Statistical Office of the European and the Community ceilings as and when the products Communities ensures the publication of the annual are entered for free circulation and are accompanied by state of import charges . a certificate of origin pursuant to the rules referred to in Article 1 (3 ) of Regulation ( EEC ) No 3782 / 87 . Article 12 2 . Goods may be charged against a ceiling or admit­ ted under a national quota share only if the certificate The Member States and the Commission shall cooper­ of origin referred to in paragraph 1 is presented before ate closely to ensure compliance with this Regulation . the date on which the levying of duties is reintroduced . 3 . The extent to which the tariff quotas and Com­ Article 13 munity ceilings have been used up shall be determined at Community level on the basis of the imports charged This Regulation shall enter into force on 1 January in accordance with paragraphs 1 and 2 . 1988 .

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

Done at Brussels . 3 December 1987 .

For the Council The President Chr . CHRISTENSEN