COMMISSION REGULATION (EEC) No 1215/91 of 7 May 1991 on arrangements for imports into Spain of certain textile products (category 35) originating in Indonesia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4136/86 of 22 December 1986 on common rules for imports of certain textile products originating in third countries (1), as last amended by Regulation (EEC) No 1118/91 (2), and in particular Article 11 thereof,
Whereas Article 11 of Regulation (EEC) No 4136/86 lays down the conditions under which quantitative limits may be established; whereas imports into Spain of certain textile products (category 35) specified in the Annex hereto and originating in Indonesia have exceeded the level referred to in paragraph 3 of the said Article 11;
Whereas, in accordance with paragraph 5 of the said Article 11 of Regulation (EEC) No 4136/86, on 24 April 1991 Indonesia was notified of a request for consultations; whereas, pending a mutually satisfactory solution, the Commission has requested Indonesia for a provisional period of three months to limit exports to Spain of products falling within category 35 to 538 tonnes with effect from the date of the request for consultations; whereas pending the outcome of the requested consultations quantitative limits identical to those requested of the supplier country should be applied provisionally to imports of the category of products in question;
Whereas paragraph 13 of the said Article 11 ensures that the quantitative limits are observed by means of a double-checking system in accordance with Annex VI to Regulation (EEC) No 4136/86;
Whereas the products in question exported from Indonesia to Spain between 24 April 1991 and the date of entry into force of this Regulation must be set off against the quantitative limit which has been introduced;
Whereas this quantitative limit should not prevent the importation of products covered by them shipped from Indonesia before the date of entry into force of this Regulation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Without prejudice to the provisions of Article 2, imports into Spain of the category of products originating in Indonesia and specified in the Annex hereto shall be subject to the provisional quantitative limit set out in that Annex.
Article 2
1. Products referred to in Article 1 shipped from Indonesia to Spain before the date of entry into force of this Regulation and not yet released for free circulation, shall be so released subject to the presentation of a bill of lading or other transport document proving that shipment actually took place during that period.
2. Imports of products shipped from Indonesia to Spain after the entry into force of this Regulation shall be subject to the double-checking system described in Annex VI to Regulation (EEC) No 4136/86.
3. All quantities of products shipped from Indonesia on or after 24 April 1991 and released for free circulation shall be deducted from the quantitative limit laid down. This provisional limit shall not, however, prevent the importation of products covered by them but shipped from Indonesia before the date of entry into force of this Regulation.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply until 31 December 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 May 1991.