CELEX: 31987R3783
Language: en
Date: 1987-12-03 00:00:00
Title: Council Regulation (EEC) No 3783/87 of 3 December 1987 concerning the administration of the generalized tariff preferences applicable for 1988 to textile products originating in developing countries

No L 367 / 58                               Official Journal of the European Communities                                28 . 12 . 87
                                         COUNCIL REGULATION (EEC) No 3783/87
                                                           of 3 December 1987
                  concerning the administration of the generalized tariff preferences applicable for 1988 to
                                           textile products originating in devloping countries
THE COUNCIL OF THE EUROPEAN COMMUNTIES ,                                 Whereas , as regards the Community tariff quotas allo­
                                                                         cated among the Member States :
Having regard to the Treaty establishing the European                   — it is necessary to guarantee to all importers equal
Economic Community ,                                                         and continuous access to the abovementioned quo­
                                                                             tas and uninterrupted application of the rates laid
Having regard to Council Regulation ( EEC ) No 3782/                         down for them to all imports of the products con­
87, of 3 December 1987 , applying the generalized tariff                     cerned into all Member States until they have been
                                                                             used up,
preferences for 1988 to textile products originating in
developing countries (>), and in particular Article 2                    — having regard to the abovementioned principles, it
thereof,                                                                     would appear that the Community nature of the
                                                                             quotas can be respected by allocating them among
                                                                             the Member States,
Having regard to the proposal from the Commission ,
                                                                         — drawings against the quotas can only be made for
                                                                             goods entered for free circulation accompanied by a
Whereas the Council has adopted generalized tariff                           certificate of origin ;
preferences for 1988 applicable to textile products orig­
inating in developing countries ;
                                                                         Whereas, as regards the Community tariff ceilings the
                                                                         objectives sought may be achieved by applying a
Whereas it is therefore appropriate to specify the rel­                  method of administration based on the charging, at
evant management provisions ;                                            Community level, of imports of the products in ques­
                                                                         tion against the ceilings as and when these products are
                                                                         entered for free circulation and are accompanied by a
Whereas, in order to ensure that each of the countries                   certificate of origin ; whereas this method of adminis­
or territories referrred to in Annexe I to Regulation                    tration must make provision for the reintroduction of
( EEC) No 3782 /87 has access to the preferential vol­                   the levying of customs duties as soon as the said ceil­
umes, quotas and separate tariff ceilings for each bene­                 ings are reached at Community level ;
ficiary should be specified for each category of prod­
ucts and in view of the links which continue to exist
with international control of trade in textiles , it is                  Whereas the methods of administration for the prod­
appropriate to allocate the quotas listed in the Annexes                 ucts listed in Annexes I and II to Regulation (EEC)
to Regulation ( EEC) No 3782 / 87 between the Member                     No 3782/87 call for close and particularly rapid coop­
States according to the scale contained within the MFA                   eration between Member States and the Commission,
framework, establishing for each of the Member States                    which must, in particular, be able to keep under obser­
participation percentages as follows :                                   vation the extent to which charges are made against the
                                                                         quotas and the ceilings and inform Member States ther­
       Benelux                                        9,5 %              eof; whereas such cooperation should be particularly
       Denmark                                        2,7 %              close in view of the need for Commission to be able to
       Germany                                       25,5 %              take appropriate measures to reintroduce customs
       Greece                                         1,5 %              duties , when any of the ceilings is reached at Com­
       Spain                                          7,5 %              munity level ;
       France                                        16,5 %
       Ireland                                        0,8 %              Whereas, having regard to the rules applying to the
       Italy                                         13,5 %              repayment or remission of import or export duties, and
       Portugal                                       1,5 %              in particular to Regulation ( EEC) No 1430/79 (2) and
       United Kingdom                                21,0%               Regulation ( EEC) No 3040/ 83 (3), a procedure should
                                                                         be laid down to regularize imports actually made
                                                                         within the preferential tariff limits opened under Regu­
Whereas for the quotas for textile products and apparel                  lation ( EEC) No 3782/87 and thus provision should be
listed in Annex II to Regulation ( EEC ) No 3782 / 87                    made for the Commission to be able to take appro­
allocation amongst Member States is appropriate                          priate measures ; whereas in order to avoid such regu­
according to the percentages set out above ;
                                                                         (2)  OJ No L 175 , 12 . 7 . 1979, p. 1 .
(')  See page 1 of this Official Journal .                               (3)  OJ No L 297, 29. 10. 1983 , p. 13 .
 ---pagebreak---  28 . 12 . 87                            Official Journal of the European Communities                                No L 367 / 59
 lanzation causing excessive tariff ceiling overruns,                one of the countries and territories referred to in
 provision should at the same time be made for the                   Article of Regulation ( EEC) No 3782/87 , under the
 Commission to be able to terminate set-offs,                        conditions laid down in Article 3 of this Regulation.
 Whereas it is necessary to establish complete statistics            In the case of such a reintroduction, Spain and Portu­
 on imports admitted in accordance with the provisions               gal shall reintroduce the levying of customs duties that
 of Regulation (EEC) No 3782 / 87 and to apply to the                they shall apply to third countries on the date in ques­
 collection , preparation and transmission of these statis­          tion .
 tics Regulations ( EEC) No 1736/ 75 0 ) and No 3367 /
 87 (2);
                                                                     By means of a regulation, the Commission may, even
                                                                     after 31 December 1988, take measures to stop quanti­
 Whereas, since the Kingdom of Belgium , the Kingdom                 ties being charged against one or other preferential tar­
 of the Netherlands and the Grand Duchy of Luxem­                    iff limit, if, particularly as a result of regularizations of
 bourg are united within and jointly represented by the              imports actually made during the period referred to in
 Benelux Economic Union , any measure concerning the                 Article 1 of Regulation ( EEC) No 3782 /87, these limits
 administration of the shares allocated to that economic             are exceeded .
 union may be carried out by any one of its members,
                                                                    The Member State which initiates such regularizations
                                                                     shall communicate to the Commission as and when the
 HAS ADOPTED THIS REGULATION :                                       figures of import charges relating thereto . The Commis­
                                                                    sion, on receiving these communications, shall inform
                             Article I                              the other Member States thereof.
 The quotas and ceilings established by Regulation
 ( EEC) No 3782 /87 shall be administered according to                                         SECTION II
 the provisions of Sections I and II .
                                                                            Provisions concerning the administration of the
                                                                    Community tariff quotas allocated among Member States
                           SECTION I
        Provisions concerning the administration of the                                          Article 5
                   Community tariff ceilings
                                                                    The total suspension of customs duties within the
                             Article 2                              framework of the Community tariff quotas allocated
                                                                    among the Member States, referred to in Article 1 of
 Subject to Articles 3 and 4, preferential tariff treatment         Regulation ( EEC) No 3782/87, concerns the categories
 shall be accorded for each category of products sub­               of products in Annexes I and II of the said Regulation
jected in Annexes I and II to Regulation ( EEC )                    for each of which the volume of the quota is specified
 No 3782/87 to individual ceilings within the limits of             individually in column 6 of those Annexes with regard
the quantities specified in column 7 of Annexes I                   to certain beneficiary countries or territories of origin
and II to the said Regulation respectively, to certain or           listed in column 5 of the same Annexes .
each of the Countries or territories of origin listed in
column 5 of those Annexes .
                                                                                                Article 6
                            A rticle 3
                                                                    1 . The individual Community tariff quotas referred to
As soon as the individual ceilings determined in                    in Article 5 shall be allocated in accordance with the
accordance with Article 2 are reached at the Com­                   following scale both for products covered by the MFA
munity level, the levying of customs duties on imports              and for the other textile products :
of the products in question originating in each of the                       Benelux                                     9,5
countries or territories concerned may at any time be                        Denmark                                     2,7
reintroduced until the end of the period referred to in                      Germany                                   25,5
Article 1 of Regulation ( EEC) No 3782 / 87 .                                Greece                                      1,5
                                                                             Spain                                       7,5
                                                                             France                                     16,5
                            A rticle 4
                                                                             Ireland                                     0,8
                                                                             Italy                                      13^5
The Commission shall reintroduce, by means of a regu­                        Portugal                                    1,5
lation , the levying of customs duties in respect of anv                     United Kingdom                           21,0.
(') OJ No L 183 , 14. 7 . 1975 , p . 3 .                            2.    Each Member State shall determine its own share
O OJ No L 321 , 11 . 11 . 1987 , p. 3 .                            by applying the appropriate percentage to the volumes
 ---pagebreak--- No L 367 / 60                           Official Journal of the European Communities                                28 . 12.87
indicated in column 6 of Annexes I and II to Regula­                                          Article 11
tion ( EEC) No 3782 / 87 rounding up the result to the             1.   The Member States shall, within six weeks of the
next higher unit ( Kilogram , piece or pair ) if necessary .       end of each quarter at the latest, forward to the Statisti­
                                                                   cal Office of the European Communities the relevant
                            Article 7                              statistical data for the products entered for free circula­
Member States shall take all measures necessary to                 tion in the quarter concerned under generalized prefer­
ensure that importers of the products concerned have               ential treatment in accordance with the provisions of
free access to the shares allocated to them .                      the present Regulation . This data, transmitted accord­
                                                                   ing to the codes of the Combined Nomenclature and,
                                                                   where applicable, of the TARIC , shall show the coun­
                            A rticle 8                             try of origin , value, quantity and any supplementary
By 28 February 1989 at the latest . Member States shall            units as defind by Regulations (EEC) No 1736/75 and
notify the Commission of the final total of the quanti­            ( EEC) No 3367 / 87 .
ties charged and any balance of shares still unused at
31 December 1988 . Up to the limit of the balance                  2 . However, in the case of products subject to quotas,
remaining, and at the request of the Member States , the           the Member States shall , by the 1 1th day of each month
Commission shall authorize the          Member States to           at the latest, forward to the Commission the list of
make any necessary regularization of the quantities                charges effected during the previous month .
charged against imports actually made during the
period referred to in Articlc 1 of Regulation ( EEC )              In the case of products subject to ceilings, the Member
 No 3782 / 87 . The Commission shall inform the other              States shall forward to the Commission , at its request
 Member States thereof.                                            and under the same conditions, the list of charges
                                                                   effected during the previous month .
                         SECTION 111                               At the Commission 's request, when the level of 75 % of
                                                                   the ceiling is reached , the Member States shall forward
                      General provisions                           to the Commission the lists of charges every 10 days ;
                                                                   these lists shall be forwarded within five days from the
                            Article 9                              end of each 10-day period .
 Articles 3 , 4 and 5 shall not apply to the countries listed
 in Annex V of Regulation ( EEC ) No 3782 / 87 .                   3 . The Commission shall ensure the publication in the
                                                                    Official Journal of the European Communities (C series)
                            Article 10
                                                                   the tariff ceilings as and when they reach 100% utiliza­
                                                                   tion .
 1 . Imports of the products in question shall be
 charged against the national shares of Member States               It shall see that the Statistical Office of the European
 and the Community ceilings as and when the products                Communities ensures the publication of the annual
 are entered for free circulation and are accompanied by            state of import charges .
 a certificate of origin pursuant to the rules referred to in
 Article 1 (3 ) of Regulation ( EEC ) No 3782 / 87 .
                                                                                              Article 12
 2 . Goods may be charged against a ceiling or admit­
 ted under a national quota share only if the certificate           The Member States and the Commission shall cooper­
 of origin referred to in paragraph 1 is presented before           ate closely to ensure compliance with this Regulation .
 the date on which the levying of duties is reintroduced .
 3.  The extent to which the tariff quotas and Com­                                           Article 13
 munity ceilings have been used up shall be determined
 at Community level on the basis of the imports charged             This Regulation shall enter into force on 1 January
 in accordance with paragraphs 1 and 2 .                            1988 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States ;
                   Done at Brussels . 3 December 1987 .
                                                                                   For the Council
                                                                                      The President
                                                                                 Chr . CHRISTENSEN