Council Regulation (EEC) No 4105/88 of 19 December 1988 opening, allocating and providing for the administration of a Community tariff quota for certain handmade products (1989)

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Council Regulation (EEC) No 4105/88 of 19 December 1988 opening, allocating and providing for the administration of a Community tariff quota for certain handmade products (1989) Official Journal L 366 , 30/12/1988 P. 0001 - 0036

COUNCIL REGULATION (EEC) No 4105/88 of 19 December 1988 opening, allocating and providing for the administration of a Community tariff quota for certain handmade products (1989)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Whereas, as regards certain handmade products, the Community has declared its readiness to open an annual duty-free Community tariff quota of an overall amount which, for 1988, amounted to ECU 10 540 000 with a limit value of ECU 1 200 000 for each group of products considered; whereas products may, however, be admitted under the Community tariff quota only on production to the Community's customs authorities of a document issued by the recognized authorities of the country of manufacture certifying that the goods concerned are handmade; whereas it is accordingly appropriate to open the tariff quota in question with effect from 1 January 1989, at the volume set for 1988;

Whereas equal and continuous access to the quota should be ensured for all Community importers and the rate laid down for the tariff quota should be applied consistently to all imports until the quota is used up; whereas a system of utilization of the Community tariff quota based on an allocation among the Member States concerned would, in the light of the principles outlined above, appear consistent with the Community nature of the quota; whereas to represent as closely as possible the actual development of the market in the said goods, the allocation should follow proportionately the requirements of the Member States calculated both from statistics of imports from third countries during a representative reference period and according to the economic outlook for the quota year in question;

Whereas, however, there is no specific classification of the said goods in the statistical nomenclatures; whereas it has thus been impossible to collect sufficiently precise and representative statistics; whereas the extent to which the current Community tariff quota has been used is not such that the real requirements of each of the Member States can be clearly ascertained; whereas the only possibility is, therefore, to divide the tariff quota volume into 11 parts, of which one each would be allocated to the Benelux countries, Denmark, the Federal Republic of Germany, Greece, Spain, France, Ireland, Italy, Portugal and the United Kingdom, the last part being held in reserve to cover the later requirements of Member States which use up their initial shares;

Whereas, for 1989, maintenance of quotas for the Member States is necessary, bearing in mind that it is impossible for the administration concerned in each Member State to introduce, in 1989, the administrative and technical basis for Comunity administration of the quota; whereas it is, however, possible, bearing in mind the way which trade has developed in recent years, to provide for a Community reserve of a significantly large amount;

Whereas the initial shares may be used up at different rates; whereas, therefore, to avoid any break in the continuity of supplies, any Member State which has almost used up its initial share should draw a supplementary share from the Community reserve; whereas this must be done by each Member State as each one of its supplementary shares is almost used up, and as many times as the reserve allows; whereas the initial and supplementary shares must be valid until the end of the quota period; whereas this form of administration requires close collaboration between the Member States and the Commission, and the latter must be able to monitor the extent to which the tariff quota has been used up and inform the Member States accordingly; whereas this collaboration must be all the closer since it does not seem necessary, at present, to provide for special measures in the Regulation to avoid the maximum allocation of ECU 1 200 000 per six-figure code of the combined nomenclature being exceeded;

Whereas if, during the quota period, the Community reserve is almost totally used up, it is essential that Member States return to the said reserve the whole of the unused proportion of their initial quota and of any drawings made, in order to avoid one part of the Community tariff quotas remaining unused in one Member State when it could be used in others;

Whereas since the Kindom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any operation concerning the administration of the shares allocated to that economic union may be carried out by any one of its members,

HAS ADOPTED THIS REGULATION:

Article 1 1. From 1 January to 31 December 1989, the customs duties applicable to imports of the products shall be listed in Annex 1 totally suspended within the limits of a Community tariff quota bearing the order No 09.0105 and being of a valume corresponding to a value of ECU 10 540 000 subject to a maximum of ECU 1 200 000 for each six-figure code of the combined nomenclature.

Within the limits of this tariff quoata, Spain and Portugal shall apply duties calculated in accordance with the relevant provisions of the 1985 Act of Accession.

2. Admission under this quota shall, however, be granted only for products accompanied by a certificate recognized by the relevant authorities of the Community conforming to one of the examples in Annex II, issued by one of the recognized authorities of the country of manufacture as given in Annex III and certifying that the goods in question are handmade. The goods must in addition be accepted as handmade by the relevant authorities of the Community.

Article 2 1. A first put of the quota of a value of ECU 5 691 600 shall be allocated among the Member States; the shares,

shall, subject to Article 5, be valid from 1 January to 31 December 1989, and shall correspond to the following values:

(ECU) Benelux1 048 390,

Denmark229 370,

Germany1 244 750,

Greece13 660,

Spain205 470,

France1 027 900,

Ireland137 740,

Italy635 180,

Portugal73 990,

United Kingdom1 075 150.

2. The second part of ECU 4 848 400 shall constitute the Community reserve.

3. Regulations (EEC) No 2779/78(1) and (EEC) No 289/84(2) shall apply for the purposes of determining the equivalent value in national currencies of amounts expressed in ecus.

Article 3 1. If 90 % or more of a Member State's initial share as specified in Article 2 (1), has been used up, that Member State shall forthwith, by notifying the Commission, draw a second share equal to 15 % of its initial share, rounded up where necessary to the next whole number, to the extent permitted by the amount of the reserve.

2. If, after its initial share has been used up, 90 % or more of the second share drawn by a Member State has been used up, that Member State shall, using the procedure provided for in paragraph 1, draw a third share equal to 7,5 % of its initial share, rounded up where necessary to the next whole number.

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, using the same procedure, draw a fourth share equal to the third.

4. By way of derogation from paragraphs 1, 2 and 3, a Member State may draw lower shares than those specified if there are grounds for believing that in those paragraphs they may not be used up. It shall inform the Commission of its reasons for applying this paragraph.

Article 4 Without prejudice to Article 5, supplementary shares drawn pursuant to Article 3 shall be valid until 31 December 1989.

Article 5 1. Once at least 80 % of the tariff quota reserve, as defined in Article 2 (2) is used up, the Commission shall inform the Member States thereof.

2. It shall also inform the Member States in such case of the date from which drawings shall be made on the Community reserve in accordance with the following provisions.

If an importer presents in a Member State a declaration of entry into free circulation including a request for preferential benefit for a product covered by this Regulation, and if this declaration is accepted by the customs authorities, the Member State concerned shall draw, from the Community reserve, by means of notification to the Commission, a quantity corresponding to these needs.

The requests for drawing, with the indication of the date of acceptance of the said declarations, must be communicated to the Commission without delay.

The drawings are granted by the Commission on the basis of the date of acceptance of the declaration of entry into free circulation by the customs authorities of the Member State concerned, to the extent that the available balance so permits.

If a Member State does not use the quantities drawn, it shall return them as soon as possible to the reserve.

If the quantities requested are greater than the available balance of the reserve, allocation shall be made on a pro rata basis with respect to the requests. Member States shall be informed by the Commission in accordance with the same procedures.

3. Within a time limit fixed by the Commission as from the date referred to in paragraph 2, Member States shall be required to return to the reserve all the quantities which have not been used on that date, within the meaning of Article 7 (3) and (4).

Article 6 The Commission shall keep an account of the shares drawn by the Member States pursuant to Articles 2 and 3 and shall, as soon as it has been notified, inform each State of the extent to which the reserve has been used up.

Article 7 1. Member States shall take all appropriate measures to ensure that supplementary drawings of shares pursuant to Articles 3 and 5 are carried out in such a way that imports may be charged without interruption against their accumulated shares in the Community tariff quota.

2. Member States shall ensure that imports of the products have free access to the shares allocated to them.

3. Member States shall charge importers of the products against their shares as and when they are entered with the customs authorities for free circulation.

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

Article 8 At the Commission's request, Member States shall inform it of imports of the products concerned actually charged against their shares.

Article 9 Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.

Article10¶

Article 11 This Regulation shall enter into force on 1 January 1989.

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

Done at Brussels, 19 December 1988.

For the CouncilThe PresidentTh. PANGALOS (1)OJ No L 333, 30. 11. 1978, p. 5.

(2)OJ No L 33, 4. 2. 1984, p. 2.

(3)OJ No L 308, 12. 11. 1988, p. 1.

ANNEX I List of products referred to in Article 1 (1)

ex 4202Trunks, suitcases, vanity-cases, executive-cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers, travelling-bags, toilet bags, rucksacks, hand-bags, shopping-bags, wallets, purses, map-cases, jewellery boxes, powder-boxes, cutlery cases and similar containers of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fibre or of paperboard, or wholly or mainly covered with such materials:

4202 11 10Executive-cases, briefcases, school satchels, and similar containers 4202 11 90Other 4202 12 91Executive-cases, briefcases, school satchels and similar containers 4202 12 99Other 4202 19 91Executive-cases, briefcases, school satchels and similar containers 4202 19 99Other 4202 21 00With outer surface of leather, of composition leather or of patent leather 4202 22 90Of textile materials 4202 31 00With outer surface of leather, of composition leather or of patent leather 4202 32 90Of textile materials 4202 39 00Other 4202 91 10Travelling-bags, toilet bags, rucksacks and sport bags 4202 91 50Musical instrument cases 4202 91 90Other 4202 92 91Travelling-bags, toilet bags, rucksacks and sport bags 4202 92 95Musical instrument cases 4202 92 99Other 4202 99 10Musical instrument cases ex 4203Articles of apparel and clothing accessories, of leather or of composition leather:

4203 30 00Belts and bandoliers 4203 40 00Other clothing accessories 4419 00 00Tableware and kitchenware, of wood ex 4420Wood marquetry and inlaid wood; caskets and cases for jewellery or cutlery, and similar articles of wood; statuettes and other ornaments, of wood; wooden articles of furniture not falling within Chapter 94:

4420 10 00Statuettes and other ornaments, of wood 4420 90 90Other ex 4818Toilet paper, handkerchiefs, cleansing tissues, towels, tablecloths, serviettes, napkins for babies, tampons, bed sheets and similar household, sanitary or hospital articles, articles of apparel and clothing accessories, of paper pulp, paper, cellulose wadding or webs of cellulose fibres:

4818 20 10Handkerchiefs and cleansing or facial tissues 4818 20 91In rolls 4818 20 99Other 4818 30 00Tablecloths and serviettes 4818 50 00Articles of apparel and clothing accessories 4818 90 10Articles of a kind used for surgical, medical or hygienic purposes, not put up for retail sale 4818 90 90Other ex 4819Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding of webs of cellulose fibres; box files, letter trays, and similar articles, of paper or paperboard of a kind used in offices, shops or the like:

4819 30 00Sacks and bags, having a base of a width of 40 cm or more ex 4823Other paper, paperboard, cellulose wadding and webs of cellulose fibres, cut to size or shape; other articles of paper pulp, paper, paperboard, cellulose wadding or webs or cellulose fibres:

4823 60 10Trays, dishes and plates 4823 60 90Other 4823 70 90Other 4823 90 90Other ex 5208Woven fabrics of cotton, containing 85 % or more by weight of cotton, weighing not more than 200 g/m2:

ex 5208 51 00 to ex 5208 59 00-Hand dyed or hand printed by the ´batik' methodex 5209Woven fabrics of cotton, containing 85 % or more by weight of cotton, weighing more than 200 g/m2:

ex 5209 51 00 to ex 5209 59 00-Hand dyed or hand printed by the ´batik' methodex 5212Other woven fabrics of cotton:

ex 5212 15 ex 5212 25-Hand dyed or hand printed by the ´batik' methodex 5701Carpets and other textile floor coverings, knotted, whether or not made up:

5701 10 10Containing a total of more than 10 % by weight of silk or of waste silk other than noil 5701 90 10Of silk, of waste silk other than noil, of synthetic fibres, of yarn falling within heading No 5605 or of textile materials containing metal threads 5701 90 90Of other textile materials ex 5704Carpets and other textile floor coverings, of felt, not tufted or flocked, whether or not made up:

5704 90 00Other ex 5705Other carpets and other textile floor coverings, whether or not made up:

5705 00 10Of wool or fine animal hair 5705 00 39Other 5705 00 90Of other textile materials 5810Embroidery in the piece, in strips or in motifs:

5810 10 10 to 5810 99 90 ex 6101Men's or boys' overcoats, car-coats, capes, cloaks, anoraks (including ski-jackets), wind-cheaters, wind-jackets and similar articles, knitted or crocheted other than those of heading No 6103:

ex 6101 10 10Overcoats, car-coats, capes, cloaks and similar articles:

-Ponchos of fine animal hair ex 6102Women's or girls' overcoats, car-coats, capes, cloaks, anoraks (including ski-jackets), windcheaters, wind-jackets and similar articles, knitted or crocheted, other than those of heading No 6104:

ex 6102 10 10Overcoats, car-coats, capes, cloaks and similar articles:

-Ponchos of fine animal hair ex 6110Jerseys, pullovers, cardigans, waistcoats, and similar articles, knitted or crocheted:

ex 6110 10 39Of fine animal hair:

-Jerseys, pullovers (with or without sleeves) ex 6110 10 99Of fine animal hair:

-Jerseys, pullovers (with or without sleeves) ex 6201Men's or boys' overcoats, car-coats, capes, cloaks, anoraks (including ski-jackets), wind-cheaters, wind-jackets and similar articles, other than those of heading No 6203:

ex 6201 11 00Of wool or fine animal hair:

-Ponchos ex 6201 92 00Of cotton:

-(1) ex 6201 99 00Of other textile materials:

-(2) 1Articles hand-dyed or hand-printed by the ´batik' method.

ex 6202Women's or girls' overcoats, car-coats, capes, cloaks, anoraks (including ski-jackets), wind-cheaters, wind-jackets, and similar articles other than those of heading No 6204:

ex 6202 11 00Of wool or fine animal hair:

-Ponchos and capes of wool -Ponchos of fine animal hair ex 6202 92 00Of cotton:

-(3) ex 6202 99 00Of other textile materials:

-(4) ex 6204Women's or girls' suits, ensembles, jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear):

ex 6204 12 00Of cotton:

-(5) ex 6204 22 90Other:

-(6) ex 6204 29 90Other:

-(7) ex 6204 32 90Other:

-(8) ex 6204 39 90Other:

-(9) ex 6204 42 00Of cotton:

-(10) ex 6204 44 00Of artificial fibres:

-(11) ex 6204 49 90Other:

-(12) ex 6204 51 00Of wool or fine animal hair:

-Skirts and divided skirts, of wool ex 6204 52 00Of cotton:

-(13) ex 6204 53 00Of synthetic fibres:

-(14) ex 6204 59 10Of artificial fibres:

-(15) ex 6204 59 90Other:

-(16) 1Articles hand-dyed or hand-printed by the ´batik' method.

2Garments hand-dyed or hand-printed by the ´batik' method.

ex 6204 62 31Of denim:

-(17) ex 6204 62 33Of cut corduroy:

-(18) ex 6204 62 35Other:

-(19) ex 6204 62 59Other:

-(20) ex 6204 62 90Other:

-(21) ex 6204 63 19Other:

-(22) ex 6204 63 39Other:

-(23) ex 6204 63 90Other:

-(24) ex 6204 69 19Other:

-(25) ex 6204 69 39Other:

-(26) ex 6204 69 50Other:

-(27) ex 6204 69 90Other:

-(28) ex 6205Men's or boys' shirts:

ex 6205 20 00Of cotton:

-(29) ex 6205 90 10Of flax or ramie:

-(30) ex 6206Women's or girls' blouses, shirts and shirt-blouses:

ex 6206 30 00Of cotton:

-(31) ex 6206 90 10Of flax or ramie:

-(32) 1Garments hand-dyed or hand-printed by the ´batik' method.

ex 6207Men's or boys' singlets and other vests, underpants, briefs, nightshirts, pyjamas, bathrobes, dressing gowns and similar articles:

ex 6207 91 00Of cotton:

-(33) ex 6207 99 00Of other textile materials:

-(34) ex 6208Women's or girls' singlets and other vests, slips, petticoats, briefs, panties, nightdresses, pyjamas, negligés, bathrobes, dressing gowns and similar articles:

ex 6208 91 10Negligés, bathrobes, dressing gowns and similar articles:

-(35) ex 6208 99 00Of other textile materials:

-(36) ex 6213Handkerchiefs:

6213 20 00Of cotton 6214Shawls, scarves, mufflers, mantillas, veils and the like:6214 10 00 to 6214 90 90 6215Ties, bow ties and cravats:6215 10 00 to 6215 90 00 ex 6217Other made up clothing accessories; parts of garments or of clothing accessories other than those of heading No 6212:

6217 10 00Accessories ex 6301Blankets and travelling rugs:

6301 20 91Wholly of wool or of fine animal hair:

6301 20 99Other 6301 30 90Other 6301 40 90Other 6301 90 90Other ex 6302Bed linen, table linen, toilet linen and kitchen linen:

ex 6302 21 00Of cotton:

-(37)ex 6302 31 10Mixed with flax:

-(38) ex 6302 31 90Other:

-(39) ex 6302 51 10Mixed with flax:

-(40) 1Garments hand-dyed or hand-printed by the ´batik' method.

2Articles of cotton fabric hand-dyed or hand-printed by the ´batik' method.

ex 6302 51 90Other:

-(41) ex 6302 91 10Mixed with flax:

-(42) ex 6302 91 90Other:

-(43) ex 6303Curtains (including drapes) and interior blinds; curtain or bed valances:

ex 6303 91 00Of cotton:

-(44) ex 6303 99 90Other:

-Double curtains of wool ex 6304Other furnishing articles, excluding those of heading No 9404:

ex 6304 19 10Of cotton:

-(45) ex 6304 92 00Not knitted or crocheted, of cotton:

-(46) ex 6307Other made up articles, including dress patterns:

6307 10 90Other 6307 90 99Other ex 6406Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable in-soles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof:

6406 10 11Uppers 6406 10 19Parts of uppers 6406 10 90Of other materials 6406 20 10Of rubber 6406 20 90Of plastics 6406 91 00Of wood 6406 99 30Assemblies of uppers affixed to inner soles or to other sole components, but without outer soles 6406 99 50Removable in-soles and other removable accessories 6406 99 90Other ex 6505Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed:

1Articles of cotton fabric hand-dyed or hand-printed by the ´batik' method.

ex 6505 90 11Of knitted or crocheted material, fulled or felted:

-Berets of wool ex 6505 90 19Other:

-Berets of wool 6602 00 00Walking-sticks, seat-sticks, whips, riding-crops and the like ex 6802Worked monumental or building stone (except slate) and articles thereof, other than goods of heading No 6801; mosaic cubes and the like, of natural stone (including slate), whether or not on a backing; artificially coloured granules, chippings and powder, of natural stone (including slate):

ex 6802 91 00Marble, travertine and alabaster:

-Carved ex 6802 92 00Other calcareous stone:

-Carved ex 6802 93 90Granite:

-Carved ex 6802 99 90Other:

-Carved 7418Table, kitchen or other household articles and parts thereof, of copper; pot scourers and scouring or polishing pads, gloves and the like, of copper; sanitary ware and parts thereof, of copper:

7419Other articles of copper:

ex 8308Clasps, frames with clasps, buckles, buckle-clasps, hooks, eyes, eyelets and the like, of base metal, of a kind used for clothing, footwear, awnings, handbags, travel goods, or other made up articles, tubular or bifurcated rivets, of base metal; beads and spangles of base metal:

ex 8308 90 00Other, including parts:

-Beads and spangles, of base metal ex 9113Watch straps, watch bands and watch bracelets, and parts thereof:

9113 90 10Of leather or of composition leather ex 9113 90 90Other:

-Of fabric 9403Other furniture and parts thereof:

ex 9405Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included:

9405 10 91Of a kind used for filament lamps 9405 10 99Other 9405 20 99Other 9405 40 99Other 9405 50 00Non-electrical lamps and lighting fittings 9405 60 99Of other materials 9405 99 90Other ex 9502Dolls representing only human beings :

ex 9502 10 10Of plastics:

-Ornamental dolls dressed so as to reflect the folklore characteristic of the country of origin ex 9502 10 90Of other materials:

-Ornamental dolls dressed so as to reflect the folklore characteristic of the country of origin ex 9503Other toys; reduced size (´scale') models and similar recreational models, working or not, puzzles of all kinds:

9503 30 10Of wood 9503 49 10Of wood 9503 50 00Toy musical instruments and apparatus:

-Of wood 9503 60 10Of wood ex 9503 90 10Toy weapons:

-Of wood ex 9503 90 99Of other materials:

-Of wood ex 9601Worked ivory, bone, tortoiseshell, horn, antlers, coral, mother-of-pearl and other animal carving material, and articles of these materials (including articles obtained by moulding):

9601 10 00Worked ivory and articles of ivory 9601 90 90Other 9602 00 00Worked vegetable or mineral carving material and articles of these materials ; moulded or carved articles of wax, of stearin, of natural gums or natural resins or of modelling pastes, and other moulded or carved articles, not elsewhere specified or included ; worked, unhardened gelatin (except gelatin of heading No 3503) and articles of unhardened gelatin PARARTIMAYPODEIGMA PISTOPOIITIKON KATASKEVIS ANEXO II - BILAG II - ANHANG II - II - ANNEX II - ANNEXE II - ALLEGATO II - BIJLAGE II - ANEXO II MODELO DE CERTIFICADO DE FABRICACIÓN MODEL TIL FREMSTILLINGSCERTIFIKAT MUSTER DER HERSTELLUNGSBESCHEINIGUNG MODEL CERTIFICATE OF MANUFACTURE MODÈLE DE CERTIFICAT DE FABRICATION MODELLO DI CERTIFICATO DI FABBRICAZIONE MODEL VAN CERTIFICAAT VAN VERVAARDIGING MODELO DE CERTIFICADO DE FABRICO

PARARTIMA ANEXO III - BILAG III - ANHANG III - III - ANNEX III - ANNEXE III - ALLEGATO III - BIJLAGE III - ANEXO III

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