CELEX: 11985I/PRO/09
Language: en
Date: 1985-06-12 00:00:00
Title: DOCUMENTS CONCERNING THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC TO THE EUROPEAN COMMUNITIES, ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC AND THE ADJUSTMENTS TO THE TREATIES, PROTOCOL 9 ON TRADE IN TEXTILE PRODUCTS BETWEEN SPAIN AND THE COMMUNITY AS AT PRESENT CONSTITUTED

15 . 11.85                             Official Journal of the European Communities                                     425
 3 . The Kingdom of Spain shall accede to the Munich               tioned reserve is not obtained, the Kingdom of Spain
 Convention of 5 October 1973 on the European patent               may rely upon Article 174 of the Munich Convention ,
 within the required time limits so as to allow it to              it being understood that the Kingdom of Spain will , in
 invoke the provisions of Article 167 of the said Con­             any event, accede to that Convention not later than
 vention solely for chemical and pharmaceutical prod­              7 October 1992.
 ucts .
 In this context and taking account of the fulfilment of           4. On the expiry of the abovementioned derogation ,
the undertaking entered into by the Kingdom of Spain               the Kingdom of Spain shall accede to the Luxembourg
under paragraph 1 , the Member States of the Com­                  Convention on the Community patent.
munity in their capacity as Contracting States to the
 Munich Convention undertake to use their best endea­              The Kingdom of Spain may invoke Article 95 (4) of the
vours to ensure, should a request be submitted by the               said Convention with a view to introducing the purely
 Kingdom of Spain in accordance with that Conven­                   technical adaptations made necessary by its accession
tion, an extension — beyond 7 October 1987 and for                 to the said Convention, it being however understood
the maximum period laid down in the Munich Conven­                  that such an invocation will in no way delay the acces­
tion — of the validity of the reserve laid down in the              sion of the Kingdom of Spain to the Luxembourg Con­
said Article 167 . If the extension of the abovemen­                vention beyond the abovementioned date.
                                                           Protocol 9
                   on trade in textile products between Spain and the Community as at present constituted
                          Article I                                                         Article 4
The Kingdom of Spain shall , under the conditions laid             The Commission and the competent authorities of the
down in Articles 2 , 3 and 4, control until 3 1 December           Kingdom of Spain shall enter into, if the situation so
 1989 exports to the present Member States of the prod­            requires, appropriate consultations in order to avoid
ucts indicated in the list appearing in Annex A, on the            situations arising which would necessitate recourse to
basis of the quantities set out in that list.                      protective measures.
                                                                                            Article 5
                          Article 2                                1 . If the quantities indicated in Annex A are reached,
                                                                   or if sudden and substantial variations as compared
                                                                   with traditional trade flows are recorded with regard to
The Community and the Kingdom of Spain shall estab­
lish, for such time as Article 1 is applicable, administra­        the import into the present Member States of the prod­
                                                                   ucts listed in Annex B ( I ), the Commission shall deter­
tive cooperation under the conditions defined in
Annex B.                                                           mine, at the request of the Member State concerned
                                                                   and following the emergency procedure laid down in
                                                                   Article 379 (2) of the Act, such protective measures as it
                                                                   deems necessary .
                                                                   2. If sudden and substantial variations as compared
                         Article 3                                 with traditional trade flows are recorded with regard to
                                                                   the import into Spain of the products listed in
After prior notification to the Commission, the King­              Annex B (9), the Commission shall determine at the
dom of Spain may apply to its exports to the present               request of the Kingdom of Spain and following the
Member States of the products indicated in the list                emergency procedure laid down in Article 379 (2) of
appearing in Annex A the flexibility provisions laid               the Act, such protective measures as it deems neces­
down in Annex C.                                                   sary .
 ---pagebreak---                                         ANNEX      A                                                                                   426
                                List provided for in Article 1
                                     Description                                   Unit           1986     1987     1988     1989
 5,   Cotton yarn, not put up for retail sale                                    Tonnes          23 791   26 408   29 841   34317
1,
5,
2,
      Men's and boys' outer garments:                                           1 000 pieces      9 623   10 682   12 071   13 881
      Women's, girls' and infants' outer garments:
      B. Other:
 ,        Men's and boys' woven breeches, shorts and trousers (including
          slacks); women's, girls' and infants' woven trousers and slacks, of
          wool, of cotton or of man-made textile fibres
      Under garments, knitted or crocheted, not elastic or rubberized:          1 000 pieces j   48 287   53 599   60 567   69 652
         Men's and boys' underpants and briefs, women's, girls' and in-
         fants' (other than babies') knickers and briefs, knitted or crochet-
5        ed, not elastic or rubberized, of cotton or synthetic textile fibres
                                                                                                                                     Official Journal of the European Communities
      Bed linen, table linen, toilet linen and kitchen linen; curtains and        Tonnes          1 837    2 039    2 304    2 650
      other furnishing articles:
      B. Other:
         Bed linen, woven
      Yarn of man-made fibres (discontinuous or waste), not put up for re-        Tonnes          3 958    4 393    4 964    5 709
      tail sale:
      A. Of synthetic textile fibres:
9,       Yarn of discontinuous or waste synthetic fibres, not put up for re-
 3,      tail sale
8,
7
                                                                                                                                       15.11.85
 ---pagebreak--- 15 . 11. 85                                  Official Journal of the European Communities                                                 427
                                                                      ANNEX B
                                                Administrative cooperation provided for in Article 2
                                   EXPORTS OF TEXTILE PRODUCTS ORIGINATING IN SPAIN
                              1 . List of products subject to administrative cooperation arrangements :
                                                 NIMEXE code
Category       CCT heading No                        ( 1985)                                      Description                        Unit
     1     55.05                        55.05-13,19,21,25,27,29,         Cotton yarn, not put up for retail sale                    Tonnes
                                       33,35,37,41,45,46,48,51 ,
                                       53, 55, 57,61,65,67, 69, 72,
                                       78,81,83,85,87
     2     55.09                                                         Other woven fabrics of cotton :                            Tonnes
                                        55.09-03 , 04, 05, 06, 07 , 08,      Woven fabrics of cotton, other than gauze, terry
                                       09,10,11,12,13,14,15,16,              fabrics, narrow woven fabrics, pile fabrics, chen­
                                        17, 19,21,29, 32,34,35, 37,          ille fabrics, tulle and other net fabrics :
                                       38, 39,41,49,51,52, 53, 54,
                                       55, 56, 57,59,61,63,64, 65,
                                       66,67,68,69, 70,71,73,75,
                                       76,77,78, 79, 80,81,82, 83,
                                       84,85,87, 88, 89,90,91,92,
                                       93,98,99
                                       55.09-06,07, 08, 09,51,52,            a) Of which other than unbleached or bleached
                                       53, 54, 55, 56, 57, 59,61,63,
                                       64, 65,66,67, 70,71,73, 83,
                                       84,85, 87, 88, 89, 90,91,92,
                                       93, 98, 99
    3      56.07                                                         Woven fabrics of man-made fibres (discontinuous            Tonnes
           A                                                             or waste):
                                                                         A. Of synthetic textile fibres :
                                       56.07-01,04,05,07,08,10,              Woven fabrics of synthetic fibres (discontinuous
                                        12, 15 , 19,20,22, 25,29,30,         or waste) other than narrow woven fabrics, pile
                                       31,35,38, 39,40,41,43,45,             fabrics (including terry fabrics) and chenille fa­
                                       46,47,49                              brics :
                                       56.07-01,05,07,08,12, 15,             a) Of which other than unbleached or bleached
                                        19, 22,25, 29,31,35,38,40,
                                       41,43, 46,47,49
    4      60.04                                                         Under garments, knitted or crocheted, not elastic or 1 000 pieces
           B I                                                           rubberized :
             II a)
                 b)
                                       60.04-19, 20, 22, 23, 24, 26,         Shirts, T-shirts, lightweight fine knit roll , polo or
                                       41,50, 58,71,79, 89                   turtle-neck jumpers and pullovers, undervests
                 c)                                                          and the like, knitted or crocheted, not elastic or
             IV b) 1 aa)
                                                                             rubberized, other than babies' garments, of cot­
                      dd)
                                                                             ton or synthetic textile fibres ; T-shirts and light­
                    2 ee)
                                                                             weight fine knit roll, polo or turtle-neck jumpers
                 d) 1 aa)
                                                                             and pullovers, of regenerated textile fibres, other
                      dd)                                                    than babies' garments
                    2 dd)
    5      60.05                                                         Outer garments and other articles, knitted or cro­ 1 000 pieces
           AI                                                            cheted, not elastic or rubberized :
             II b) 4 bb) 1 1 aaa)                                        A. Outer garments and clothing accessories :
                             bbb)
                             ccc)
                             ddd)
                             eee)
 ---pagebreak--- 428                                    Official Journal of the European Communities                                         15 . 1 . 85
                                          NIMEXE code
Category     CCT heading No                   ( 1985)                                   Description                           Unit
                         22 bbb) 60.05-01,31,33,34,35,36,            Jerseys, pullovers, slip-overs, waistcoats, twin­
                            ccc) 39,40,41,42,43                      sets, cardigans, bedjackets and jumpers, knitted
                            ddd)                                     or crocheted, not elastic or rubberized, of wool,
                            eee)                                     of cotton or of man-made textile fibres
                            fff)
   6     61.01                                                  Men's and boys' outer garments :                         1 000 pieces
         B Vd) 1
                 2
                 3
              e) 1
                 2
                 3
         61.02                                                  Women 's, girls' and infants' outer garments :
         B II e)6aa)                                            B. Other :
                    bb)
                    cc)
                                 61.01-62,64, 66, 72, 74, 76         Men's and boys' woven breeches, shorts and
                                                                    trousers (including slacks); women's, girls' and
                                 61.02-66, 68,72                    infants ' woven trousers and slacks, of wool, of
                                                                    cotton or of man-made textile fibres
   13    60.04                                                  Under garments, knitted or crocheted, not elastic or      1 000 pices
         B IV b) 1 cc)                                          rubberized :
                   2 dd)         60.04-48, 56,75,85                  Men 's and boys' underpants and briefs, wom­
               d) 1 cc)
                                                                    en's , girls ' and infants' (other than babies')
                   2 cc)                                            knickers and briefs, knitted or crocheted, not
                                                                    elastic or rubberized , of cotton or synthetic tex­
                                                                    tile fibres
  20     62.02                                                  Bed linen, table linen, toilet linen and kitchen linen ;    Tonnes
         B I a)                                                 curtains and other furnishing articles :
             c)                                                 B.  Other :
                                 62.02-12, 13 , 19                  Bed linen, woven
  22     56.05                                                  Yarn of man-made fibres (discontinuous or waste),           Tonnes
         A                                                      not put up for retail sale :
                                                                A. Of synthetic textile fibres :
                                 56.05-03,05,07,09 , 11 , 13 ,      Yarn of discontinuous or waste synthetic fibres,
                                 15, 19,21,23,25, 28,32,34,         not put up for retail sale :
                                 36, 38, 39, 42, 44, 45, 46, 47
                                 56.05-21,23,25, 28,32, 34,         a) Of which acrylic
                                 36
  23     56.05                                                  Yarn of man-made fibres (discontinuous or waste),           Tonnes
         B                                                      not put up for retail sale :
                                                                B. Of regenerated textile fibres :
                                 56.05-51,55,61,65,71,75,           Yarn of discontinuous or waste regenerated
                                 81,85,91,95, 99                    fibres, not put up for retail sale
 ---pagebreak---  15 . 11.85                                 Official Journal of the European Communities                                          429
 2. The Spanish competent authorities shall issue an                     The declaration or request of the importer shall indi­
export licence for any export of textile products of the                 cate :
categories, tariff headings and NIMEXE codes referred
to in point 1 originating in Spain and intended to be                    (a) the name and address of the importer and exporter ;
sent to the present Member States with a view to their                   (b) the description of the product, indicating :
definitive import.                                                            — the trade designation,
                                                                              — the category number of the product indicated
3. On sight of the export licence referred to in point 2,                          in column 1 of the list appearing in point 1 ,
the Spanish competent authorities shall issue export
licence certificates .                                                        — the tariff heading or reference number of the
                                                                                   nomenclature of goods of the national statis­
These certificates shall contain in particular the details                         tics of foreign trade,
which must appear on the importer's declaration or                            — the country of origin ;
request referred to in point 6.                                          (c) the indication of the product in the unit appearing
                                                                              in column 5 of the list appearing in point 1 ;
4. The Spanish competent authorities shall notify the
Commission within the first 10 days of each quarter,                     (d) the date or dates laid down for import.
broken down by Member State and product category,
of:                                                                      The importing Member State may request further
                                                                         datails ; this must not however result in any barrier to
(a) the quantities for which export certificates have                    imports.
      been issued during the preceding quarter ;
(b) the exports made during the quarter preceding the                    This point shall not prevent the definitive import of the
      period referred to in (a).                                         products in question if the quantity of products entered
                                                                         for import exceeds in toto by less than 5 %, the quantity
5. The Spanish competent authorities shall also notify                   mentioned in the import document.
on a quarterly basis the Commission and the compe­
tent authorities of the present Member States of the                     7 . Where a requested import document concerns a
serial numbers of the export licence certificates that                   quantity less than the quantity indicated in the export
have expired and any other information they may con­                     licence certificate, that certificate shall be returned to
sider relevant to the matter.                                            the importer with a note on the back stating the quant­
                                                                         ity for which an import document was issued.
6. The definitive import into a present Member State
of products covered by the present administrative                        8. The present Member States shall notify the Com­
cooperation shall be subject to the submission of an                     mission within the first 10 days of each quarter, broken
import document. This document shall be issued or                        down by product category, of:
endorsed by a competent authority of the importing                       (a) the quantities for which the import documents
Member State, free of charge, for all the quantities                          have been issued or endorsed during the preceding
requested, within a maximum periqd of five working                            quarter ;
days after lodging, in accordance with the national
laws in force, either a declaration, or simply a request,                (b) the imports made during the quarter preceding the
by any importer from the Member States regardless of                          period referred to in (a).
where he is established in the Community. This import
document shall only be issued or endorsed on the sight                    10. Import into Spain of the products referred to in
of an export licence certificate issued by the Spanish                   point 9 originating in the Member States shall be sub­
competent authorities.                                                   ject to the submission of an import document. This
                IMPORTS INTO SPAIN OF TEXTILE PRODUCTS ORIGINATING IN THE COMMUNITY
                           9. List of products subject to administrative cooperation arrangements :
                              NIMEXE code
   CCT heading No                  ( 1985 )
                                                                                      Description                            Unit
  55.05                55.05-13, 19,21,25, 27, 29,      Cotton yam , not put up for retail sale                            Tonnes
                       33,35,37,41,45,46, 48,51 ,
                       53,55,57,61,65,67,69,72,
                       78,81,83,85, 87
  55.06                55.06-10, 90                     Cotton yarn , put up for retail sale
                                                                                                                         L
 ---pagebreak---  430                                         Official Journal of the European Communities                                      15 . 11.85
                                NIMEXE code
    CCT heading No                                                                     Description                                 Unit
                                     ( 1985)
  55.09                                                   Other woven fabrics of cotton :                                       Tonnes
                        55.09-03, 04, 05, 06, 07 , 08,        Woven fabrics of cotton, other than gauze, terry fabrics, nar­
                        09,10,11,12,13,14,15,16,             row woven fabrics, pile fabrics, chenille fabrics, tulle and
                         17, 19,21,29,32, 34,35,37 ,         other net fabrics
                        38,39,41,49,51,52,53,54,
                        55, 56, 57,59,61,63,64, 65 ,
                        66,67,68,69,70,71,73,75 ,
                        76, 77, 78,79, 80,81,82, 83 ,
                        84,85,87,88, 89, 90,91,92,
                        93,98, 99
  ex 62.02              ex 62.02-09                       Net curtains, other than knitted or crocheted, of cotton              Tonnes
  All
  62.02                 62.02-12 , 13,40,42,44,46,       Bed linen , table linen, toilet linen and kitchen linen, other than
  B I a)                51,59,71,72, 74                  knitted or crocheted, of cotton
    II a)
    Ilia)
  62.02                 62.02-83 , 85                    Curtains and furnishing articles , other than knitted or crocheted
  B IV a)                                                of cotton
  62.03                 62.03-11 , 13 , 15, 17,20,30,    Sacks and bags, of a kind used for the packing of goods, other
                        40,51,59,97, 98                  than knitted or crocheted
  62.05                 62.05-20                         Floor cloths, dishcloths, dusters and the like, other than knitted or
  C                                                      crocheted
  ex 62.05              ex 62.05-01                      Other made up articles, other than knitted or crocheted, of cotton,
  A                                                      including dress patterns
  ex 62.05              ex 62.05-10
  B
  ex 62.05              ex 62.05-93
  E                     ex 62.05-95
                        ex 62.05-99
document shall be issued or endorsed by the Spanish                        (d) the date or dates laid down for import.
competent authority, free of charge, for all the quanti­
ties requested, within a maximum period of five work­                      The Kingdom of Spain may request further details ; this
ing days after lodging, in accordance with the national                    must not however result in any barrier to imports.
laws in force, either a declaration, or simply a request,
by any importer from the Member States regardless of                       This point shall not prevent the definitive import of the
where he is established in the Community .                                 products in question if the quantity of products entered
                                                                           for import exceeds, in total, by less than 5 %, the quant­
                                                                           ity mentioned in the import document.
The declaration or request of the importer shall indi­
cate :                                                                     1 1 . The Kingdom of Spain shall notify the Commis­
                                                                          sion, during the first 10 days of the second quarter fol­
(a) the name and address of the importer and exporter ;                   lowing the quarter concerned of imports made,
(b) the description of the product, indicating :                          expressed in units, indicated in column 4 of the list
                                                                          appearing in point 9, broken down by tariff heading,
     — the trade designation,                                              NIMEXE code and Member State of origin.
     — the tariff heading or reference number of the
          nomenclature of goods of the national statis­                    Common provisions
          tics of foreign trade,
                                                                            12 . The Commission and the Spanish authorities
     — the country of origin ;                                             shall, at least every quarter, examine their trade and
(c) the indication of the product in the unit appearing                    prospects with a view to a thoroughgoing analysis of
     in column 4 of the list appearing in point 9 ;                        the situation .
 ---pagebreak---    15 . 11.85                              Official Journal of the European Communities                                             431
                                                                ANNEX C
                                                           Flexibility laid down in Article 3
                The flexibility provisions laid down in Article 3 of this Protocol shall be determined in accordance with
                the following procedure :
                — The carry-over of quantities not utilized during any given year to the corresponding quantities for
                     the following year up to 9 % of the quantities concerned for the actual year of application.
                — The advance utilization during any given year of part of the quantities fixed for the following year
                     up to 5 % of the quantities concerned for the year of utilization. Such advance exports shall be
                     deducted from the corresponding quantities fixed for the following year.
                                                               Protocol 10
                                      on the restructuring of the Spanish iron and steel industry
   1 . Restructuring plans of Spanish iron and steel                        5. Any aid to the Spanish iron and steel industry
  undertakings should lead to a situation where the prod­                   forming part of the additions to the plans provided for
  uction capacity of the Spanish iron and steel industry                    in point 3 or measures provided for in point 4 shall be
  for ECSC hot-rolled products does not exceed IB mil­                      notified in advance, and not later than the end of the
  lion tonnes at the end of the period referred to in                       first year after accession, to the Commission by the
  Article 52, and they should be compatible with the last                   Spanish Government. The said Government shall not
  general steel objectives adopted before the date of                       implement its projects without authorization from the
  accession .                                                               Commission .
  2.    From the date of accession, the Commission and                     The Commission shall assess those projects on the
  the Spanish Government will assess jointly the degree                     basis of the criteria and in accordance with the proce­
  to which the plans, already approved by the Spanish                      dures defined in the Annex to this Protocol.
  Government and officially forwarded to the Commis­
  sion on 24 July and 1 August 1984 have been com­                         6. During the period mentioned in Article 52 of the
  pleted and the viability of the iron and steel undertak­                  Act of Accession, Spanish deliveries of ECSC iron and
  ings to which those plans relate.                                        steel products to the remainder of the Community
                                                                           should fulfil the following conditions :
  3. Should the viability of these undertakings not be                     (a) The level of Spanish deliveries to the remainder of
  satisfactorily guaranteed at the end of a maximum of                           the Community during the first year following
  three years after accession, the Commission , after hav­                       accession, shall be that fixed by the Commission
  ing received the opinion of the Spanish Government,                            after agreement of the Spanish Government and
  shall propose, at the end of the first year after acces­                       consultation of the Council during the year preced­
  sion, to make an addition to those plans, thereby ena­                         ing accession . Should no agreement have been
  bling those undertakings to reach a viable state by the                        reached on this point, by the date of accession, the
  end of those plans .                                                           level of deliveries shall be fixed, not later than two
                                                                                 months after the date of accession, by the Commis­
  4. The Commission and the Spanish Government will                              sion with the assent of the Council.
  also assess, from the date of accession, the viability of                      These deliveries will in any event have to be liber­
  undertakings for which the plans referred to in point 2                        alized once the transitional arrangements have
  above make no provision for aid after the date of                              expired and, in order to bring about a harmonious
  accession. Should the viability of these undertakings                          transition, their level may be increased before the
  not be satisfactorily guaranteed at the end of a maxi­                         end of the said arrangements, the level of the first
  mum of three years after accession, the Commission,                            year being considered as a starting point.
  after having received the opinion of the Spanish
  Government, will propose, at the end of the first year                         Any increase in the level will be made on the basis
                                                                                 of:
  after accession, restructuring measures thereby enabling
  those undertakings to reach a viable state by the end of                       — the state of progression of the Spanish restruc­
. the abovementioned period of three years at the latest.                             turing plans, taking into account significant