CELEX: 31975R3157
Language: en
Date: 1975-11-24 00:00:00
Title: Regulation (EEC) No 3157/75 of the Council of 24 November 1975 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, originating in the Arab Republic of Egypt (1976)

8 . 12 . 75                              Official Journal of the European Communities                           No L 317/67
                                 REGULATION (EEC) No 3157/75 OF THE COUNCIL
                                                      of 24 November 1975
               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, originating in the Arab Republic of Egypt (1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            — equal and uninterrupted access to the quota
                                                                       should be ensured for all importers and quota
                                                                       duties applied continuously to all imports of the
                                                                       said products until the quota has been used up ;
 Having regard to the Treaty establishing the Euro­
pean Economic Community, and in particular Article                  — in the light of the above principles, the Com­
 113 thereof :
                                                                       munity nature of the quota may best be preserved
                                                                       by an arrangement allocating it among these
                                                                       Member States ; whereas in order to provide the
Having regard to the proposal from the Commission ;                    most accurate reflection of actual market trends
                                                                        for the said products, such allocation should be
                                                                       proportionate to the needs of these Member
Whereas the Agreement ( J ) between the European                        States, calculated both from the statistics for each
Economic Community and the Arab Republic of                             Member State's imports from the Arab Republic
Egypt, and the Protocol (2 ) laying down certain                        of Egypt over a representative reference period
provisions relating to the Agreement between the                        and from economic prospects for the quota
European Economic Community and the Arab                                period in question ;
 Republic of Egypt consequent on the accession of
 new Member States to the European Economic
 Community, provide for the opening of an annual                    — over the last three years for which statistics are
 Community tariff quota of 3 250 metric tons of                         available, the following percentages represent the
 other woven fabrics of cotton, falling within heading                  respective imports of the Member States
No 55.09 of the Common Customs Tariff, originating                     concerned in relation to imports of the said
 in the Arab Republic of Egypt ; whereas the Protocol                   products from the Arab Republic of Egypt into
 provides that the tariff quota should be allocated                     the Community as originally constituted :
 among the Member States as follows : 2 500 metric
 tons for the Community as originally constituted,                                               1972     1973        1974
 90 metric tons for Denmark, 10 metric tons for
 Ireland and 650 metric tons for the United Kingdom ;
                                                                       Germany                    4-3     10-4         5-7
 whereas Annex I to the Agreement provides that the
 duties applicable to the quota shall be equal to 45%                  Benelux                  29-3      31-9        35-0
 of the Common Customs Tariff duties ; whereas as                      France                    10-0       1-1       13-8
 regards the duties applicable to the quota by the                     Italy                    56-4      56-6        45-5
 new Member States, the special provisions of the
 Protocol and of the Act of Accession should be
 observed ; whereas to comply with the special provi­
 sions of the Protocol, separate arrangements should
 be made for the Member States of the Community                     — in view of these factors, of the foreseeable devel­
 as originally constituted on the one hand, and for                     opment during 1976 of the market for the pro­
 the new Member States on the other ;                                   ducts in question and in particular of the estimates
                                                                        submitted by certain Member State initial quota
                                                                        shares may be fixed approximately as follows :
 "Whereas, as regards the Community as originally                                                                16-6
 constituted :                                                               Germany
                                                                             Benelux                             24-3
                                                                             France                              14-6
  (!) OJ No L 251 , 7. 9. 1973, p . 13 .
  (2) OJ No L 251 , 7. 9. 1973 , p. 3 .                                      Italy                               44-5
 ---pagebreak--- No L 317/68                      Official Journal of the European Communities                                    8 . 12 . 75
— in order to take account of import trends for             HAS ADOPTED THIS REGULATION :
   the products in question in the Member States
   concerned, the quota amount should be divided
   into two instalments, the first instalment being
   allocated among the same Member States, the                                          Article 1
   second instalment constituting a reserve intended
   to cover the later requirements of Member States
   which have used up their initial quota shares ;          A Community tariff quota of 3 250 metric tons shall
   whereas in order to ensure a certain degree of           be opened from 1 January to 31 December 1976 for
   security to importers in each Member State, the          other woven fabrics of cotton, falling within heading
   first instalment of the quota should be fixed in         No 55.09 of the Common Customs Tariff, originating
   this case at approximately 50% ;                         in the Arab Republic of Egypt. This quota shall be
                                                            allocated and administered in accordance with the
— the initial quota shares may be used up at different      following provisions.
   times ; whereas, therefore, to avoid disruption of
   supplies, any Member State which has almost
   used up its initial quota share, shall draw an
   additional quota share from the reserve; whereas                                    SECTION I
   this shall be done by each Member State whenever
   one of its additional quota shares has been almost       Provisions applicable to the Community as originally
   used up, and as many times as the reserve allows ;                                  constituted
   whereas the initial and additional quota shares
   shall be valid until the end of the quota period ;
   whereas this form of administration requires
   close collaboration between the Member States                                        Article 2
   and the Commission, and the Commission must
   be in a position to follow the extent to which the
   quota volume has been used up and inform the             The Common Customs Tariff duties shall be partially
   Member States thereof;                                   suspended at the rate indicated below for 2 500 metric
                                                            tons of the quota referred to in Article 1 :
— if, at a given date in the quota period, a consider­
   able quantity of the initial quota share is left
   over in one of the Member States concerned, it                  CCT                                       Rate of duty
   is   essential that that  State  should   return  a          heading No              Description               (% )
   significant proportion to the reserve to prevent
   a part of the quota allocated to the Community
   as originally constituted from remaining unused                55.09      Other     woven      fabrics of
   in one Member State when it could be used in                              cotton :
   others ;
                                                                             A. Containing 85%            or
                                                                                 more by weight of
— since the Kingdom of Belgium, the Kingdom of                                   cotton :
    the Netherlands and the Grand Duchy of Luxem­                                 I. Of a width of less
   bourg are united in and represented by the                                         than 85 cm                  5-8
   Benelux Economic Union, any measure concern­                                  II . Other                       6-3
   ing the administration of the quota shares
   allocated to that economic union may be carried                           B. Other :
    out by any of its members ;                                                   I. Of a width of less
                                                                                      than 85 cm                  6-3
                                                                                 II . Other                       6-7
Whereas, as regards the new Member States :
— the quota duties shall be calculated by the new
   Member States in accordance with Articles 3 and
   4 of the Protocol ;                                                                  Article 3
— equal and uninterrupted access to the quota                1 . A first instalment, amounting to 1 235 metric tons
   should be ensured for all importers and quota            of the amount specified in Article 2, shall be allocated
   duties applied continuously to all imports of the        among the Member States ; the shares, which
   products in question until the quota has been            subject to Article 6 are valid until 31 December 1976,
   used up,                                                  shall be as follows :
 ---pagebreak--- 8 . 12. 75                           Official Journal of the European Communities                           No L 317/69
         Germany                  205 metric tons ,             The Member States shall, not later than 1 October
         Benelux                  300 metric tons,              1976, notify to the Commission of the total imports
         France                    180 metric tons ,            of the said goods effected up to and including
                                                                15 September 1976, and charged against the Com­
         Italy                    550 metric tons .
                                                                munity quota and, where appropriate, the proportion
                                                                of their initial share that is being returned to the
2 . The second instalment of 1 265 metric tons shall            reserve .
constitute the reserve .
                                                                                        Article 7
                         Article 4
                                                                The Commission shall keep account of the shares
1 . If 90% or more of the initial share of a Member             opened by Member States in accordance with
State laid down in Article 3 ( 1 ), or 90% of that              Articles 3 and 4 and shall inform each State of the
share less the amount returned into the reserve where           extent to which the reserve has been used up as
the provisions of Article 6 have been applied, has              soon as it receives the notifications .
been exhausted, that Member State shall proceed
without delay, by notifying the Commission, to draw             The Commission shall , not later than 5 October
a second share, equal to 15% of its initial share,              1976, notify the Member States of the amount in
rounded up to the next unit.                                    reserve after the return of shares pursuant to
                                                                Article 6.
2. If, after its initial share has been exhausted, 90%
or more of the second share drawn up by a Member                The Commission shall ensure that any drawing
State has been used, that Member State shall proceed,           which uses up the reserve is limited to the balance
in accordance with the conditions          laid  down   in      available and for this purpose shall specify the amount
paragraph 1 , to draw a third share, equal to 7-5%              thereof to the Member State which makes the last
of its initial share, rounded up to the next unit where         drawing.
appropriate, to the extent that the reserve is
sufficient.
                                                                                        Article 8
3 . If, after its second share has been exhausted , 90%
or more of the third share drawn by a Member State              The Member States shall take all appropriate
has been used, that Member State shall proceed, in              measures to ensure that when additional shares are
the same way to draw a fourth share equal to the                drawn pursuant to Article 4 it is possible for charges
third .                                                         to be made without interruption against their
                                                                accumulated shares of the Community quota.
This process shall be applied until the reserve is
exhausted .
                                                                                       SECTION II
4. Notwithstanding paragraphs 1 , 2 and 3 , the
Member States may proceed to draw shares smaller
than those fixed in those paragraphs if there is reason             Provisions applicable to the new Member States
to believe that they might not be used up. They shall
inform the Commission of the reasons which led
them to apply this paragraph.                                                           Article 9
                                                                Within the limits of the tariff quota referred to in
                          Article 5                             Article 1 , the new Member States shall apply the
                                                                duties laid down in the relevant provisions of the
Each of the additional shares drawn pursuant to                 Act of Accession, the Agreement and the Protocol .
Article 4 shall be valid until 31 December 1976 .
                                                                                       Article 10
                          Article 6
                                                                Within the quota referred to in Article 1 , metric tons
The Member States shall return to the reserve, not              shall be allocated to the new Member States as
later than 1 October 1976, the unused portion of                follows :
their initial share which, on 15 September 1976, is in
                                                                          Denmark                  90 metric tons,
excess of 20% of the initial amount. They may
return a greater portion if there are grounds for                        Ireland                   10 metric tons,
believing that such portion may not be used in full.                     United Kingdom           650 metric tons .
 ---pagebreak--- No L 317/70                         Official Journal of the European Communities                            8 . 12. 75
                       SECTION III                                                   Article 12
                   General provisions                         On receipt of a request from the Commission,
                                                              Member States shall inform it of imports of the
                                                              said products originating in the Arab Republic of
                        Article 11
                                                              Egypt actually charged against their quota shares.
1 . Member States shall ensure that importers of the
said goods established in their territory have free                                  Article 13
access to the share allocated to them .
                                                              The Member      States  and    the Commission      shall
2. Member States shall charge imports of the
                                                              cooperate closely in order to ensure that this
products in question against their quota shares as the
                                                              Regulation is observed.
products are presented for customs clearance under
cover of a declaration that they have been made
available for consumption .
                                                                                     Article 14
3 . The extent to which a Member State has used up
its share shall be determined on the basis of the             This Regulation shall enter into force on 1 January
imports charged in accordance with paragraph 2.                1976 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 24 November 1975 .
                                                                                      For the Council
                                                                                        The President
                                                                                        B. VISENTINI