31987R4107
31 . 12 . 87 Official Journal of the European Communities No L 383 / 41
COUNCIL REGULATION ( EEC ) No 4107 / 87
of 22 December 1987 opening, allocating and providing for the administration of a Community tariff quota for certain woven fabrics of cotton originating in Spain ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES , Community nature of the quota ; whereas in order to correspond as closely as possible to the real trend of the market for the product in question the allocation should Having regard to the Treaty establishing the European reflect the requirements of the Member States based on Economic Community , statistics of imports of the said products from Spain during a representative reference period and on the economic outlook for the quota period in question ; 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 Having regard to the proposal from the Commission , available the imports into the Member States of these products were as follows :
Whereas , under Articles 30 and 31 of the Act of Accession , (tonnes) the duties applicable to imports into the Community as constituted on 31 December 1985 of certain woven fabrics of Member State 1984 1985 1986 cotton originating in Spain are to be progressively abolished in the context of a Community tariff quota of 2 013 tonnes ; Benelux 213 225 288 whereas on 1 January 1988 the duties in question will be Denmark 83 50 128 reduced to 62,5 % of the basic duties ; whereas by way of Germany 350 148 51 derogation from Article 30 of the Act of Accession , — Greece 39 8 Regulation ( EEC ) No 443 / 86 ( J ), provides that the basic France 1 160 1 279 1 268 duties shall be those actually applied on 1 January 1986 ; Ireland 409 59 14 whereas it is therefore appropriate , for the purpose of determining the duties applicable to the products in question , Italy 318 408 36 to open a Community tariff quota of 2 013 tonnes for certain United Kingdom 372 436 72 woven fabrics of cotton originating in Spain at the rates of duty shown in the table in Article 1 ;
Whereas Article 1 of Protocol 3 annexed to the Act of Whereas in view of these factors and of market forecasts for Accession makes special provisions for the importation into Portugal of the products in question originating in Spain ; these products , and in particular of forecasts made by certain whereas , consequently , the Community tariff quota applies Member States , the initial percentage shares of the quota only in the Community as constituted on 31 December volume can be expressed approximately as follows : 1985 ;
Benelux 6,54 Whereas from the date on which the said quota is opened , the Denmark 2,37 nomenclature used in the Common Customs Tariff will be Germany 7,78 replaced by the combined nomenclature based on the Greece 0,67 International Convention on the Harmonized Commodity France 52,54 Description and Coding System ; whereas this Regulation Ireland 16,10 must take account of that fact by indicating the combined Italy 10,80 nomenclature codes and , where appropriate , the TARIC United Kingdom 3,20 code numbers within which the said products fall ;
Whereas , to allow for the trend of imports of the products Whereas equal and continuous access to the quota should concerned in the various Member States , the quota volume be ensured for all Community importers and the rates should be divided into two parts , the first being allocated laid down for the quota should be applied consistently among the Member States and the second held as a reserve to to all imports of the products in question into all the cover any subsequent requirements of Member States which Member States until the quota is exhausted ; whereas , in have used up their initial share ; whereas , to afford importers the light of these principles , allocation of the tariff in each Member State some degree of certainty , an quota among the Member States would seem to preserve the appropriate level for the first part of the Community quota would , in the present circumstances , be 75 % of the quota (M OJ No L 50 , 28 . 2 . 1986 , p. 9 . volume ;
No L 383 / 42 Official Journal of the European Communities 31 . 12 . 87
Whereas the initial shares of the Member States may be used ponding reserve in order to prevent part of the Community up at different rates ; whereas , in order to avoid any break in tariff quota from remaining unused in one Member State the continuity of supplies on this account , it should be when it could be used in others ; provided that any Member State which has almost used up one of its initial shares should drawn an additional share Whereas since the Kingdom of Belgium , the Kingdom of the from the corresponding reserve ; whereas each time its Netherlands and the Grand Duchy of Luxembourg are united additional share is almost used up a Member State should within and jointly represented by the Benelux Economic draw a further share and so on as many times as the reserve Union , any operation concerning the administration of the allows ; whereas the initial and additional shares must be quota shares allocated to that economic union may be carried valid until the end of the quota period ; whereas this form of out by any one of its members , administration requires close cooperation between the Member States and the Commission and the latter must be able to monitor the extent to which the quota volume has HAS ADOPTED THIS REGULATION : been used up and inform the Member States accordingly ;
From 1 January to 31 December 1988 the customs duties Whereas if at a given in the quota period a considerable applicable to imports into the Community as constituted on quantity of a Member State's initial share remains unused , 31 December 1985 of the following products originating in it is essential that the Member State concerned should Spain shall be suspended at the levels indicated and within the return a significant proportion thereof to the corres limits of the Community tariff quota indicated :
Volume of Rate of Order CN code Description the quota duty No ( tonnes ) ( % )
09.0315 5208 Woven fabrics of cotton , containing 85 % or more by weight of cotton , weighing not more than 200 g / m2 2,5
5209 Woven fabrics of cotton , containing 85 % or more by weight of cotton , weighing more than 200 g / m2 2,5 5210 Woven fabrics of cotton , containing less than 85 % by weight of cotton , mixed mainly or solely with man-made fibres , weighing not more than 200 g / m2 2,5
5211 Woven fabrics of cotton , containing less than 85 % by weight of cotton , mixed mainly or solely with man-made fibres , weighing more than - 2 013 200 g / m2 2,5 5212 Other woven fabrics of cotton 2,5
ex 5811 00 00 Quilted textile products of cotton in the piece , composed of one or more layers of textile materials assembled with padding by stitching or otherwise , other than embroidery of heading No 58 10 2,5 ex 6308 00 00 Sets consisting of woven fabric and yarn of cotton , whether or not with accessories , for making up into rugs , tapestries , embroidered tablecloths or serviettes , or similar textile articles put up in packings for retail sale 2,5
Article 2 2 . The second part , amounting to 503 tonnes , shall constitute the reserve . 1 . The first part of the Community tariff quota referred to in Article 1 , amounting to 1 510 tonnes , shall be allocated among the Member States ; the quota shares , which shall , Article 3 subject to Article 5 , be valid until 31 December 1988 , shall be as follows : 1 . If a Member States has used 90 % or more of its initial ftonnes) share as specified in Article 2 ( 1 ), or of that share less any Benelux 100 portion returned to the reserve pursuant to Article 5 , it shall Denmark 35 forthwith , by notifying the Commission and to the extent Germany 120 that the reserve so permits , draw a second share equal to Greece 10 15 % of its initial share , rounded up where necessary to the France 790 next whole number . Ireland 245 Italy 160 2 . If, after its initial quota share has been used up , United Kingdom 50 a Member State has used 90 % or more of its second share
31 . 12 . 87 Official Journal of the European Communities No L 383 / 43
as well , it shall forthwith , using the procedure provided for in form each Member State of the extent to which the reserve paragraph 1 , draw a third share equal to 7,5 % of the initial has been used up as soon as it has been notified . share , rounded up where necessary to the next whole number . It shall inform the Member States not later than 5 October 1988 of the state of the reserve following any return of quota shares pursuant to Article 5 . 3 . If, after its second share has been used up , a Member State has used 90 % or more of its third share , it shall , using It shall ensure that the drawing which exhausts the reserve the same procedure drawn a fourth share equal to the does not exceed the balance available , and to this end shall third . notify the amount of that balance to the Member State making the final drawing . This process shall continue until the reserve is used up .
4 . By way of derogation from paragraphs 1 , 2 and 3 , Article 7 Member States may draw smaller shares than those specified in the said paragraphs if there is reason to believe 1 . Member States shall take all appropriate measures to that they might not be used in full . Member States shall ensure that additional drawings of shares pursuant to Article inform the Commission of their reasons for applying this 3 enable imports to be charged without interruption against paragraph . their accumulated shares of the Community tariff quota .
2 . Member States shall ensure that importers of the products concerned have free access to the quota shares Article 4 allocated to them .
3 . Member States shall charge imports of the products Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1988 . concerned 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 shares shall be determined on the basis of the imports of the Article 5 goods in question entered with the customs authorities for free circulation . By 1 October 1988 at the latest , Member States must return to the reserve the unused portion of their initial share which , on 15 September 1988 , is in excess of 20% of the initial Article 8 volume . They may return a greater portion if there is reason to believe that it might not be used . At the request of the Commission , Member States shall inform if of imports actually charged against their quota By 1 October 1988 at the latest, Member States must notify shares . the Commission of the total quantities of the products concerned imported on or before 15 September 1988 and charged against the Community quota and of any portion of Article 9 their initial share that they are returning to the reserve . The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with .
Article 6 Article 10 The Commission shall keep account of the shares drawn by Member States pursuant to Articles 2 and 3 and shall in This Regulation shall enter into force on 1 January 1988 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 22 December 1987 .
For the Council The President N. WILHJELM