COUNCIL REGULATION (EEC) No 4106/88 of 19 December 1988 opening, allocating and providing for the administration of Community tariff quotas for certain handwoven fabrics, pile and chenille (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 handwoven 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 1988, 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 European Economic 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 1989, at the levels set for 1988;

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, in the light of the principles outlined above, a Community tariff quota arrangement based on an allocation among the Member States would seem to preserve the Community nature of the said quotas; whereas, to represent as closely as possible the actual development of the market in the said goods, the allocation should follow proportionately the requirements calculated both on the basis of statistics of imports from third countries during a representative reference period and on the basis of the economic prospects for the quota year in question;

Whereas, however, in the statistical nomenclatures there is no specific classification for the handwoven fabrics concerned; whereas, in these circumstances, it has been impossible to collect sufficiently precise and representative statistics; whereas the quantities charged against the shares allocated to the Member States for the Community tariff quotas opened for certain of these fabrics for 1985, 1986 and 1987 were as follows:

1.Woven fabrics of silk or of waste silk other than noil:

Member States198519861987ECU%ECU%ECU%Benelux 12 681 0,63 44 284 2,22 40 371 1,80 Denmark 41 784 2,09 60 687 3,04 61 814 2,75 Germany1 269 93463,441 452 09572,751 453 33064,73 Greece 0 0 0 0 0 0 Spain -- 0 0 0 0 France 391 28719,55 237 71811,91 442 08219,69 Ireland 0 0 0 0 0 0 Italy 128 370 6,41 109 000 5,46 156 434 6,97 Portugal -- 0 0 0 0 United Kingdom 157 670 7,88 92 298 4,62 91 026 4,06 2.Woven fabrics of cotton:

Member States198519861987ECU%ECU%ECU%Benelux 68 998 3,38 112 000 5,57 81 000 3,94 Denmark 267 99913,12 294 50014,66 266 29112,96 Germany 325 65515,94 511 50225,46 621 23030,23 Greece 0 0 0 0 0 0 Spain -- 0 0 0 0 France 852 60041,74 799 60039,80 598 40029,12 Ireland 0 0 0 0 0 0 Italy 56 805 2,78 15 063 0,75 99 150 4,83 Portugal -- 0 0 0 0 United Kingdom 470 60023,04 276 40413,76 388 84018,92 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 Community administration of the quota; whereas it is, however, possible, bearing in mind the way in which trade has developed in recent years, to provide for a Community reserve of a significantly large amount;

Whereas, in view of the variations in these figures, no firm conclusion can be reached on the real requirements of each Member State referred to above for the quota period under consideration; whereas the new Member States' requirements cannot be accurately determined either; whereas, in order that the Community tariff quotas in question may be allocated fairly among the Member States, the initial percentage shares of the quota volume may be expressed roughly as follows:

Member StatesSilk goodsCotton goodsBenelux 4,58 3,41 Denmark 4,58 8,72 Germany41,8613,05 Greece 3,17 0,82 Spain 2,16 1,30 France22,8837,17 Ireland 3,00 2,24 Italy 9,24 3,45 Portugal 0,84 0,09 United Kingdom 7,6429,75 Whereas, to take account of future import trends for the goods under consideration, each quota volume should be divided into two parts, the first being allocated among the Member States and the second held as a reserve to cover at a later date the requirements of Member States which have used up their initial shares; whereas, to give importers some degree of certainty, the first part of each Community tariff quota should be set at a relatively high level, at approximately 51 % for silk goods and at approximately 54 % for cotton goods;

Whereas the initial shares may be used up at various rates of rapidity; whereas, therefore, to take account of this fact and avoid any break in the continuity of supplies, any Member State which has almost used up one of its initial shares should draw a supplementary share from the corresponding 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 each initial and supplementary share 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 quotas have been used up and inform the Member States accordingly;

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 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 quota 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 following products shall be suspended at the level indicated and within the limits of Community tariff quotas as shown herewith:

Order NoCN codeDescriptionQuota 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 handloomsex 5208Woven fabrics of cotton, containing 85 % or more by weight of cotton, weighing not more than 200 g/m²:

-Fabrics woven on handloomsex 5209Woven fabrics of cotton, containing 85 % or more by weight of cotton, weighing more than 200 g/m²:

-Fabrics woven on handloomsex 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 handloomsex 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 handlooms09.0103ex 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 handloomsex 5801 22 00--Cut corduroy -Fabrics woven on handloomsex 5801 23 00--Other weft pile fabrics -Fabrics woven on handloomsex 5801 24 00--Warp pile fabrics, épinglé (uncut) -Fabrics woven on handloomsex 5801 25 00--Warp pile fabrics, cut -Fabrics woven on handloomsex 5801 26 00--Chenille fabrics -Fabrics woven on handlooms 5803Gauze, other than narrow fabrics of heading No 5806:ex 5803 10 00Of cotton:

-Fabrics woven on handloomsWithin 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 purposes of this Regulation:

(a)´handwoven fabrics' means fabrics woven on looms 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 examples 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 non-member countries 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 in such a country, provided that they cross such territory while covered by a single transport document drawn up in the country of manufacture.

Article 2 1. A first part of the quotas of a value corresponding to ECU 1 180 000 for silk products and ECU 1 117 260 for cotton products shall be allocated among the Member States; the respective shares of the Member States which, subject to Article 5, shall be valid from 1 January to 31 December 1989 shall correspond to the following values:

(a)for silk products referred to in Article 1 (1) (ECU) Benelux54 000 Denmark54 000 Germany494 000 Greece37 400 Spain25 500 France270 000 Ireland35 400 Italy109 000 Portugal10 500 United Kingdom90 200 (b)for cotton products referred to in Article 1 (1) (ECU) Benelux38 100 Denmark97 425 Germany145 800 Greece9 160 Spain14 520 France415 290 Ireland25 030 Italy38 545 Portugal1 005 United Kingdom332 385 2. The second part of each of the quotas referred to in Article 1 (1) and corresponding to ECU 1 136 000 and ECU 951 740 respectively, shall constitute the 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 one of a Member State's initial shares as specified in Article 2 (1), or of that share less the portion returned to the reserve where Article 5 is applied, has been used up, that Member State shall without delay, by notifying the Commission, draw a second share equal to 15 % of its inital share, rounded up where necessary to the next whole number, to the extent permitted by the amount of the reserve.

2. If, after one or other of its initial shares 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 one or other of its second shares 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 shares lower than those specified in those paragraphs if there are grounds for believing that 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 reserve of one of the tariff quotas, as defined in Article 2 (3), has been used up, the Commission shall inform the Member States thereof.

2. It shall also notify Member States in this case of the date from which drawings on the Community reserve must be made according to 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 reserve referred to in Article 2 (2) 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 the first subparagraph of 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 reserves have been used up.

Article 7 1. The Member States shall take all measures necessary to ensure that supplementary drawings of shares pursuant to Article 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 quotas.

2. The Member States shall ensure that importers of the products in question have free access to the shares allocated to them.

3. The Member States shall charge imports 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 request of the Commission, Member States shall inform it of imports of the products concerned actually charged against their shares.

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

Article 10 Regulation (EEC) No 3460/88(3) is hereby repealed.

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. 37.

PARARTIMA IYPODEIGMA PISTOPOIITIKON KATASKEVIS ANEXO I - BILAG I - ANHANG I - - ANNEX I - ANNEXE I - ALLEGATO I - BIJLAGE I - ANEXO I 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 II - BILAG II - ANHANG II - II - ANNEX II - ANNEXE II - ALLEGATO II - BIJLAGE II - ANEXO II

País de fabricación Fremstillingsland Herstellungsland Chora kataskevis Country of manufacture Pays de fabrication Paese di fabbricazione Land van vervaardiging País de fabrico Autoridad competente Kompetent myndighed Zustaendige Behoerde Armodia ypiresia Competent authority Autorité compétente Autorità competente Bevoegde autoriteit Autoridade competente India Indien Indien India India Inde India India Índia (para los tejidos de seda) eller (for stoffer af silke) oder (fuer Gewebe aus Seide) i (gia metaxota yfasmata) or (for silk fabrics) ou (pour les tissus de soie) o (per i tessuti de seta) of (voor weefsels van zijde) (para os tecidos de seda) Pakistán Pakistan Pakistan Pakistan Pakistan Pakistan Pakistan Pakistan Paquistao Export Promotion Bureau Tailandia Thailand Thailand Tailandi Thailand Thaïlande Tailandia Thailand Tailândia Department of Foreign Trade Bangladesh Bangladesh Bangladesch Mpagklantes Vangladesi Vangladesi Vangladesi Vangladesi VangladesiEchport Promotion VthreathLaos Laos Laos Laos Laos Laos Laos Laos LaosSeroipse national de l'artisanat et de l'indthstrieSri Lanka Sri Lanka Sri Lanka Sri Lanka Sri Lanka Sri Lanka Sri Lanka Sri Lanka Sri LankaDepartment of PsommerpseEl Saloador El Saloador El Saloador El Salvador El Saloador El Saloador El Saloador El Saloador El SaloadorDirepspsion de psomerpsio internapsionalIondthras Iondthras Iondthras Ondoyra Iondthras Iondthras Iondthras Iondthras IondthrasDirepspsion general de psomerpsio echteriorIndonesia Indonesien Indonesien Indonisia Indonesia Indonesie Indonesia Indonesi Indonesia Ministerio de Psomerpsio z de Psooperatioas Ministeriet for iandel og kooperatioer Ministerithm f r Iandel thnd Genossenspsiaften Ypoyrgeio Emporioy kai Synetairismon Department of Trade and Psooperatioes Ministere dth psommerpse et des psooperatioes Ministero del psommerpsio e delle psooperatioe Ministerie oan Iandel en Psoperatieoen Ministerio do Psomerpsio e das Psooperatioas Gthatemala Gthatemala Gthatemala Goyatemala Gthatemala Gthatemala Gthatemala Gthatemala GthatemalaDirepspsion de psomerpsio interior z echteriorArgentina Argentina Argentinien Argentini Argentina Argentine Argentina Argentini ArgentinaSepsretara de Estado z psomerpsio z negopsiapsiones epsonomipsas internapsionales