COUNCIL REGULATION (EEC) No 3878/91 of 19 December 1991 opening and providing for the administration of Community tariff quotas for certain hand-woven fabrics, pile and chenille (1992)
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 hand-woven fabrics of silk, waste silk other than noil and cotton, the Community has declared its readiness to open annual duty-free Community tariff quotas up to a value (customs value) which, for 1991, amounted to ECU 2 316 000 for silk fabrics and to ECU 2 069 000 for cotton fabrics; whereas products may be admitted under the Community tariff quota only on production of a certificate of manufacture recognized by the relevant authorities of the Community, such products being stamped in a manner approved by those authorities at the beginning and end of each item and carried direct from the country of manufacture to the Community; whereas it is, accordingly, appropriate to open the tariff quotas in question with effect from 1 January 1992, at the levels set for 1991;
Whereas equal and continuous access to the quotas should be ensured for all Community importers and the rate laid down for the quotas should be applied consistently to all imports until the quotas are used up; whereas the necessary measures should be taken to ensure that these tariff quotas are administered efficiently and on a Community basis, so that Member States have the option of drawing the necessary quantities, corresponding to actual imports recorded, from the quota volumes; whereas this method of administration calls for close cooperation between the Member States and the Commission;
Whereas, since the Kingdom 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 relating to the administration of the quotas may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 January to 31 December 1992, the customs duties applicable to imports of the following products shall be suspended at the level indicated and within the limits of Community tariff quotas as shown herewith:
Order
NoCN code (*)
DescriptionQuota
volume
(ECU)Rate of
duty
(%)
ex 5007Woven fabrics of silk or of silk waste:
- Fabrics woven on handlooms
09.0101 5803Gauze, other than narrow fabrics of heading No 5806: 2 316 000 0ex 5803 90 10- - Of silk or silk waste:
- Fabrics woven on handlooms
ex 5208Woven fabrics of cotton, containing 85 % or more by weight of cotton, weighing not more than 200 g/m²:
- Fabrics woven on handlooms
ex 5209Woven fabrics of cotton, containing 85 % or more by weight of cotton, weighing not more than 200 g/m²:
- Fabrics woven on handlooms
ex 5210Woven 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:
- Fabrics woven on handlooms
ex 5211Woven fabrics of cotton, containing less than 85 % by weight of cotton, mixed mainly or solely with man-made fibres, weighing more than 200 g/m²:
- Fabrics woven on handlooms
09.0103ex 5212Other woven fabrics of cotton:
- Fabrics woven on handlooms2 069 0000 5801Woven pile fabrics and chenille fabrics, other than fabrics of heading No 5806:
- Of cotton:
ex 5801 21 00- - Uncut weft pile fabrics
- Fabrics woven on handlooms
ex 5801 22 00- - Cut corduroy
- Fabrics woven on handlooms
ex 5801 23 00- - Other weft pile fabrics
- Fabrics woven on handlooms
ex 5801 24 00- - Warp pile fabrics, épinglé (uncut)
- Fabrics woven on handlooms
ex 5801 25 00- - Warp pile fabrics, cut
- Fabrics woven on handlooms
ex 5801 26 00- - Chenille fabrics
- Fabrics woven on handlooms
5803Gauze, other than narrow fabrics of heading No 5806:
ex 5803 10 00- Of cotton:
- Fabrics woven on handlooms
(*) See Taric codes in Annex III.
Within the limits of these tariff quotas, Spain and Portugal shall apply the duties calculated in accordance with the relevant provisions laid down in the 1985 Act of Accession.
2. For the purpose of this Regulation:
(a) 'handlooms' means looms which, for the manufacture of fabrics, are moved exclusively by hand or foot;
(b) 'customs value' means the value as defined in the relevant Community rules.
3. Admission under these quotas shall, however, be granted only for fabrics, pile and chenille:
(a) accompanied by a certificate of manufacture recognized by the competent authorities of the European Economic Community and conforming to one of the models in Annex I endorsed by one of the recognized authorities of the country of manufacture appearing in Annex II;
(b) bearing, at the beginning and end of each item, a stamp approved by the said authorities or, in derogation, a seal, approved by the authorities of the country of manufacture, fixed to each piece;
(c) carried direct from the country of manufacture to the European Economic Community.
4. In this respect, the following shall be considered to have been carried direct:
(a) goods which, in carriage, do not cross the territory of a country not a member of the European Communities. Goods temporarily held in ports of countries which are not members of the European Communities shall not be excluded from the definition of direct carriage provided that they are not transhipped there;
(b) goods which, in carriage, cross the territory of one or more countries not members of the European Communities or are transhipped while covered by a single transport document drawn up in the country of manufacture.
5. 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 2
The tariff quotas referred to in Article 1 shall be administered by the Commission, which may take any appropriate administrative measure in order to ensure efficient administration.
Article 3
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 quota volume 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 corresponding quota volume.
If the quantities requested are greater than the available balance of the quota volume, allocation shall be made on a pro rata basis with respect to the requests. Member States shall be informed therof by the Commission.
Article 4
Each Member State shall guarantee importers of the products in question equal and continuous access to the quotas as long as the balance of the corresponding quota volume allows.
Article 5
Member States and the Commission shall cooperate closely in order to ensure that this Regulation is complied with.
Article 6
This Regulation shall enter into force on 1 January 1992.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 1991.