CELEX: 31977R3009
Language: en
Date: 1977-12-20 00:00:00
Title: Council Regulation (EEC) No 3009/77 of 20 December 1977 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 Spain (1978)

31 . 12 . 77                          Official Journal of the European Communities                          No L 355/ 11
                                    COUNCIL REGULATION (EEC) No 3009/77
                                                   of 20 December 1977
                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 Spain ( 1978)
THE COUNCIL OF THE EUROPEAN                                      in question, the allocation should follow proportio­
COMMUNITIES,                                                     nately the requirements of the Member States calcu­
                                                                 lated from both statistics of imports of the products in
                                                                 question from Spain during a representative period
Having regard to the Treaty establishing the European            and the economic outlook for the tariff period in ques­
Economic Community, and in particular Article 113                tion :
thereof,
                                                                 Whereas, during the last three years for which statis­
Having regard to the proposal from the Commission,               tics are available, the corresponding imports by each
                                                                 of the Member States represent the following percen­
                                                                 tages of the imports into the Community from Spain
Whereas the Agreement between the European                       of the products concerned :
Economic Community and Spain ( ! ) provides in
Article 2 ( 1 ) together with Article 4 of Annex I for the                Member States         1974     1975         1976
opening by the Community of an annual Community
tariff quota of 1 800 tonnes of other woven fabrics of
cotton falling within heading No 55.09 of the                    Benelux                        18-5     12-7        18-7
Common Customs Tariff, originating in Spain ;                    Denmark                         00       00           00
whereas, pursuant to Article 2 of the said Annex, the            Germany                         3-6      6-7          4-4
                                                                 France                         56-9     70-9       68-8
quota duty is equal to 40 % of the Common Customs                Ireland                         3-1      1-2          0-5
Tariff duty in respect of the products concerned ;               Italy                           5-7      5-2          5-8
whereas the Community tariff quota contains quota                United Kingdom                 12-2      3-3          1-8
duties of 5-2, 5-6, 5-6 and 6 % for the products falling
within subheadings 55.09 A I, A II, B I and B II
respectively ; whereas this preferential arrangement
has been provided only for imports of these products
into the Member States of the Community in its orig­             Whereas, in view of these factors, of the foreseeable
inal composition ; whereas, pursuant to the Act of               development of the market for the products in ques­
Accession, imports of these products into the three              tion and in particular of the estimates submitted by
new Member States are subject to the rates of duty of            certain Member States, initial quota shares may be
the Common Customs Tariff from 1 July 1977 ;                     fixed approximately at the following percentages :
whereas the import arrangements relating to these
products should be uniform throughout the Commu­                         Benelux                               6-15
nity ; whereas the aforementioned annual quota                           Denmark                               0-39
volume should be increased to 1 900 tonnes ; whereas
this Community tariff quota should be opened for                         Germany                               615
                                                                         France                               70-77
1978 ;
                                                                         Ireland                               1-54
                                                                         Italy                                13-08
                                                                         United Kingdom                        1-92 ;
Whereas it is in particular necessary to ensure to all
Community importers equal and uninterrupted access
to the abovementioned quota and uninterrupted appli­
cation of the rate laid down for that quota to all              Whereas to take account of future import trends in
imports of the products concerned into all Member               the various Member States of the product under
States until the quota has been used up ; whereas,              consideration, the total quota volume should be
having regard to the principles mentioned above, the            divided into two tranches, the first being shared
Community nature of the quota can be respected by               among the Member States and the second held as a
allocating the Community tariff quota among the                 reserve to cover at a later date the requirements of
Member States ; whereas to represent as closely as              those Member States having used up their initial
possible the actual trend of the market in the products         share ; whereas to give Member State importers some
                                                                certainty, the first of the Community quota might be
(!) OJ No L 182, 16 . 8 . 1970, p. 2.                           fixed at 68 % of the quota volume ;
 ---pagebreak--- No L 355/ 12                          Official Journal of the European Communities                                   31 . 12. 77
Whereas the initial shares of Member States may be                      remaining unused in one Member State while it could
used up more or less quickly ; whereas, therefore, to                   be used in others ;
avoid disruption of supplies any Member State which
                                                                        Whereas since the Kingdom of Belgium, the
has almost used up its initial share, must draw a
                                                                        Kingdom of the Netherlands and the Grand Duchy of
supplementary share from the reserve ; whereas this
must be done by each Member State as each one of its
                                                                        Luxembourg are united in and represented by the
                                                                        Benelux Economic Union any measure concerning
supplementary shares is almost used up, and as many                     the administration of the shares allocated to that
times as the reserve allows ; whereas the initial and
                                                                        economic union may be carried out by any one of its
supplementary shares must be valid until the end of                     members,
the quota period ; whereas this form of administration
requires close collaboration between the Member
States and the Commission, and the Commission                           HAS ADOPTED THIS REGULATION :
must be in a position to follow the extent to which
the quota volume has been used up and inform the                                                 Article 1
Member States thereof ;
                                                                        From 1 January until 31 December 1978 , the
Whereas if, at a given date in the quota period, a                      Common Customs Tariff duties in respect of the
considerable quantity of the initial share is left over in              products originating in Spain and listed below shall be
a Member State, it is essential that each State should                  partially suspended at the levels indicated for each of
return a significant proportion to the reserve, to                      them within the limits of a global Community tariff
prevent a part of the Community quota from                              quota of 1 900 tonnes :
                CCT heading No                               Description
                                                                                                        Rate of duty
                                                                                                             %
               55.09            Other woven fabrics of cotton :
                                A. Containing 85 % or more by weight of cotton :
                                     I. Of a width of less than 85 cm                                       5-2
                                    II . Other                                                              5-6
                                B. Other :
                                     I. Of a width of less than 85 cm                                       5-6
                                    II . Other                                                              60
                          Article 2                                     share less the amount returned into the reserve, where
                                                                        the provisions of Article 5 have been applied has been
1 . A first tranche amounting to 1 300 tonnes of the                   exhausted, that Member State shall proceed without
Community tariff quota referred to in Article 1 , shall                delay, by notifying the Commission, to draw a second
be allocated among the Member States ; the share                       share equal to 1 5 % of its share, rounded up to the
which, subject to Article 5, shall be valid until 31                    next unit where appropriate, to the extent that the
December 1978 , shall be as follows :                                  amount in the reserve allows .
                                              (tonnes)
        Benelux                                   80
        Denmark                                    5
       Germany                                    80                    2.    If, after its initial share has been exhausted,
        France                                  920                    90 % or more of the second share drawn by a
        Ireland                                   20                   Member State has been used, that Member State shall
        Italy                                   1 70                    proceed without delay, by notifying the Commission,
        United Kingdom                            25 ;                 to draw a third share equal to 7-5 % of its initial
                                                                       share, rounded up to the next unit where appropriate,
                                                                       to the extent that the amount in the reserve allows .
2.    The second tranche, of 600 tonnes, shall consti­
tute the reserve .
                                                                       3.     If, after its second share has been exhausted,
                          Article 3                                    90 % or more of the third share drawn by a Member
                                                                       State has been used up, that Member State shall in
1.    If 90 % or more of the initial share of a Member                 accordance with the same conditions, draw a fourth
State, as laid down in Article 2 ( 1 ), or 90 % of that                share equal to the third .
 ---pagebreak--- 31 . 12. 77                       Official Journal of the European Communities                          No L 355/ 13
This process shall be applied until the reserve is           The Commission shall ensure that any drawing which
exhausted.                                                   uses up the reserve is limited to the balance available
                                                             and, for this purpose, shall specify the amount thereof
4. Notwithstanding the provisions of paragraphs 1 ,          to the Member State which makes the final drawing.
2 and 3, the Member States may proceed to draw
shares smaller than those fixed in those paragraphs, if
there is reason to believe that those shares might not                               Article 7
be used up. They shall inform the Commission of the
                                                             1.    The Member States shall take all appropriate
reasons which led them to apply this paragraph.              measures to ensure that, when additional shares are
                                                             drawn pursuant to Article 3, it is possible for charges
                        Article 4
                                                             to be made, without interruption, against their accu­
Each of the additional shares drawn pursuant to              mulated shares of the Community quota.
Article 3 shall be valid until 31 December 1978 .
                                                             2. The Member States shall ensure that importers
                                                             of the said goods established in their territory have
                        Article 5                            free access to the shares allocated to them .
The Member States shall return to the reserve, not           3 . The Member States shall charge imports of the
later than 1 October 1978 , the unused portion of their      said goods against their shares as and when the goods
initial share which, on 15 September 1978 , is in            are entered for home use .
excess of 20 % of the initial amount. They may return
a greater portion if there are grounds for believing         4.     The extent to which a Member State has used up
that such portion may not be used in full.                   its share shall be determined on the basis of the
                                                             imports charged in accordance with paragraph 3 .
The Member States shall , not later than 1 October
1978, notify the Commission of the total imports of
                                                                                     Article 8
the products concerned effected up to 15 September
1978 inclusive, and charged against the Community            On receipt of a request from the Commission,
quota and, where appropriate, the proportion of their        Member States shall inform it of imports actually
initial share that is being returned to the reserve.         charged against their shares.
                        Article 6
                                                                                     Article 9
The Commission shall keep account of the shares
opened by Member States in accordance with Articles          The Member States and the Commission shall coop­
2 and 3 and shall inform each of them of the extent          erate closely in order t:o ensure that this Regulation is
                                                             observed .
to which the reserve has been used as soon as it
receives the notifications .
                                                                                    Article 10
The Commission shall, not later than 5 October 1978 ,
notify Member States of the amount in the reserve            This Regulation shall enter into force on 1 January
after the return of shares pursuant to Article 5.            1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 20 December 1977
                                                                         For the Council
                                                                           The President
                                                                           H. SIMONET