CELEX: 31986R4015
Language: en
Date: 1986-12-16 00:00:00
Title: Council Regulation (EEC) No 4015/86 of 16 December 1986 opening, allocating and providing for the administration of a Community tariff quota for other woven fabrics of cotton falling within heading No 55.09 of the Common Customs Tariff and originating in Spain (1987)

31 . 12 . 86                             Official Journal of the European Communities                                No L 374 / 31
                                         COUNCIL REGULATION ( EEC ) No 4015 / 86
                                                       of 16 December 1986
               opening, allocating and providing for the administration of a Community tariff quota for other
               woven fabrics of cotton falling within heading No 55.09 of the Common Customs Tariff and
                                                    originating in Spain ( 1987 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            to the statistics of imports from Spain over a representative
                                                                     period and also to the economic outlook for the quota
                                                                     period concerned ;
Having regard to the Act of Accession of Spain and
Portugal , and in particular Articles 30 and 31 thereof,             Whereas , during the last three years for which statistics are
                                                                     available , the corresponding imports by each of the
                                                                     Member States represent the following percentages of the
Having regard to the proposal from the Commission ,                  imports into the Community from Spain of the products
                                                                     concerned :
Whereas , under Articles 30 and 31 of the Act of Accession ,                                                                  1985
                                                                                  Member State           1983      1984
the customs duties applicable , on the import into the
Community of Ten , of other woven fabrics of cotton
                                                                     Benelux                              0,7       7,2        8,7
falling within tariff heading 55.09 and originating in Spain         Denmark                              0,1       2,9        1,9
within the limits of a Community tariff quota of 2 013               Germany                              4,1      11,9        5,7
tonnes shall be progressively abolished ; whereas these              Greece                               1,1       1,3        —
duties will be reduced to 77,5 % of the basic duties on              France                              58,2      39,4       49,1
 1 January 1987 ; whereas by derogation from Article 30 of           Ireland                             27,8      13,9        2,2
the Act of Accession , Regulation ( EEC ) No 443 / 86 (')             Italy                               4,2      10,8       15,7
provides that the basic duties shall be those which were              United Kingdom                      3,8      12,6       16,7
 actually applied on 1 January 1986 ; whereas , therefore , to
establish the duties applicable on the import of these
products , a Community tariff quota should be opened for
 the period 1 January to 31 December 1987 for 2 013                   Whereas , in view of these factors , and of market forecasts
 tonnes of other woven fabrics of cotton , originating in             for the products in question and in particular of the
 Spain , falling within heading 55.09 of the Common                   estimates submitted by certain Member States , initial quota
 Customs Tariff at the duties as shown in the list in                 shares may be fixed approximately at the following
 Article 1 ;                                                          percentages :
                                                                               Benelux                                    4,5
 Whereas Article 1 of Protocol 3 annexed to the Act of                         Denmark                                    3,4
 Accession provides for particular rules for the import into                   Germany                                    5,6
 Portugal of the products in question , originating in Spain ;                 Greece                                     0,6
 whereas , consequently , the Community tariff quota is                        France                                    53,4
 applicable only in the Community of Ten ;                                     Ireland                                   21,2
                                                                               Italy                                       8,5
                                                                               United Kingdom                             2,8
 Whereas it is in particular necessary to ensure to all
 Community importers equal and uninterrupted access to
 the abovementioned quota and uninterrupted application                Whereas , in order to take into account import trends for
 of the rate laid down for that quota to all imports of the            the products concerned in the various Member States , the
  products concerned into all Member States until the quota            quota volume should be divided into two instalments , the
  has been used up ; whereas, having regard to the principles          first being shared among the Member States and the second
  mentioned above , the Community nature of the quota can              constituting a reserve to cover at a later date the
  be respected by allocating the Community tariff quota                requirements of those Member States having used up their
  among the Member States ; whereas, to reflect as accurately          initial quota shares ; whereas in order to give importers in
  as possible the true trend of the market of the products in          each Member State a certain degree of security , the first
  question , such allocation should be in proportion to the            instalment of the Community quota should under present
  requirements of the Member States calculated by reference            circumstances be fixed at 88 % of the quota ;
                                                                       Whereas the Member States' initial shares may be used up
     OJ No L 50 , 28 . 2 . 1986 , p. 9 .                               at different times ; whereas , in order to take this fact into
 ---pagebreak---   No L 374 / 32                              Official Journal of the European Communities                                     31 . 12 . 86
  account and avoid any break in continuity, any Member                      part of any Community quota from remaining unused in
  State which has almost used up its initial share should draw               one Member State when it could be used in others;
  an additional share from the reserve; whereas this must be
  done by each Member State as and when each of its                          Whereas, since the Kingdom of Belgium , the Kingdom of
  additional shares is almost used up, and repeated as many                  the Netherlands and the Grand Duchy of Luxembourg are
  times as the reserve allows ; whereas the initial and                      united within and jointly represented by the Benelux
  additional shares must be valid until the end of the quota                 Economic Union, any operation concerning the
  period ; whereas this method of administration requires                    administration of the quota shares allocated to that
  close cooperation between the Member States and the                        economic union may be carried out by any of its
  Commission , and the latter must be in a position to                       members ,
  monitor the extent to which the quota volume has been
  used up and to inform the Member States thereof;
                                                                            HAS ADOPTED THIS REGULATION :
                                                                                                        Article 1
                                                                            From 1 January to 31 December 1987 , on the imports into
  Whereas if, at a given date in the quota period , a                       the Community of Ten , the duties for the following
  substantial quantity of an initial share remains unused in a              products originating in Spain shall be suspended at a level
  Member State , it is essential that that Member State should              and within the limits of a Community tariff quota as
  return a significant proportion to the reserve, to prevent a              follows :
                      CCT heading                                                                               Quota       Rate of
     Order No
                            No                                      Description                                volume        duty­
                                                                                                              ( tonnes )     (% )
     09.0315             55.09             Other woven fabrics of cotton :                                      2 013
                                           A. Containing 85 % or more by weight of cotton :
                                               I. Of a width of less than 85 cm                                              3,1
                                              II . Other
                                                                                                                             3,1
                                          B. Other :
                                               I. Of a width of less than 85 cm                                              3,1
                                              II . Other                                                                     3,1
                                                                            portion returned to the reserve where Article 5 is applied,
                             Article 2
                                                                            has been used up , then , to the extent permitted by the
                                                                            amount of the reserve, that Member State shall forthwith ,
 1 . A first instalment amounting to 1 770 tonnes of the                   by notifying the Commission , draw a second share equal to
 Community tariff quota referred to in Article 1 shall be                   15 % of its initial share, rounded up where necessary to the
 allocated among the Member States; the respective shares ,                next unit .
 which subject to Article 5 shall be valid until 31 December
 1987 shall be as follows :
                                                           (tonnes)
        Benelux                                          80                2 . If, after its initial share has been used up, 90 % or
        Denmark                                          60                more of the second share drawn by a Member State has
        Germany                                        100                 been used up, that Member State shall , in accordance with
        Greece                                           10                the conditions laid down in paragraph 1 , draw a third
        France                                         945                 share equal to 7,5 % of its initial share, rounded up where
        Ireland                                        375                 necessary to the next unit .
        Italy                                          150
        United Kingdom                                   50
2 . The second instalment of 243 tonnes shall constitute
the reserve .                                                              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 , in accordance with the
                             Article 3                                    same conditions, draw a fourth share equal to the third.
1 . If 90 % or more of a Member State's initial share as
specified in Article 2 ( 1 ), or 90 % of that share minus the             This process shall continue until the reserve is used up.
 ---pagebreak--- 31 . 12 . 86                             Official Journal of the European Communities                               No L 374 / 33
4 . By way of derogation from paragraphs 1 , 2 and 3 , a            and , to this end , shall notify the amount of that balance to
Member State may draw shares smaller than those fixed in            the Member State which makes such last drawing.
those paragraphs if there is reason to believe that these
might not be used up . It shall inform the Commission of its
reasons for applying this paragraph .                                                           Article 7
                                                                    1 . The Member States shall take all measures necessary to
                           Article 4                                ensure that additional shares drawn pursuant to Article 3
                                                                    are opened in such a way that imports may be charged
Each of the additional shares drawn pursuant to Article 3           without interruption against their accumulated shares of
shall be valid until 31 December 1987 .                             the Community quota .
                                                                    2 . The Member States shall ensure that importers of the
                           Article 5
                                                                    products in question have free access to the shares allocated
                                                                    to them .
The Member States shall return to the reserve , not later
than 1 October 1987 , such unused portion of their initial          3 . The Member States shall charge imports of the said
share which , on 15 September 1987 , is in excess of 20 %           goods against their shares as and when the goods are
of the initial volume . They may return a larger quantity if        entered with the customs authorities for free circulation .
there are grounds for believing that it may not be used .
                                                                    4 . The extent to which a Member State has used up its
The Member States shall , not later than 1 October 1987 ,           share shall be determined on the basis of the imports
notify the Commission of the total quantities of the                charged in accordance with paragraph 3 .
products in question up to 15 September 1987 and charged
against the tariff quota and of any quantities of the initial
shares returned to the reserve .                                                                Article 8
                           Article 6
                                                                    At the request of the Commission , Member States shall
                                                                    inform it of imports of the products concerned actually
                                                                    charged against their shares .
The Commission shall keep an account of the shares
opened by Member States in accordance with Articles 2
and 3 and shall , as soon as it is notified , inform each                                       Article 9
Member State of the extent to which the reserve has been
used up .                                                           The Member States and the Commission shall cooperate
                                                                    closely in order to ensure compliance with this
It shall inform the Member States , not later than 5 October        Regulation .
1987 , of the amount in the reserve after quantities have
been returned pursuant to Article 5 .
                                                                                               Article 10
The Commission shall ensure that any drawing which
exhausts the reserve does not exceed the balance available          This Regulation shall enter into force on 1 January 1987 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 16 December 1986 .
                                                                                           For the Council
                                                                                            The President
                                                                                              G. HOWE