CELEX: 31987R4107
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4107/87 of 22 December 1987 opening, allocating and providing for the administration of a Community tariff quota for certain woven fabrics of cotton originating in Spain (1988)

31 . 12 . 87                                 Official Journal of the European Communities                                  No L 383 / 41
                                             COUNCIL REGULATION ( EEC ) No 4107 / 87
                                                           of 22 December 1987
                   opening, allocating and providing for the administration of a Community tariff quota for
                                       certain woven fabrics of cotton originating in Spain ( 1988 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               Community nature of the quota ; whereas in order to
                                                                         correspond as closely as possible to the real trend of the
                                                                         market for the product in question the allocation should
 Having regard to the Treaty establishing the European                   reflect the requirements of the Member States based on
 Economic Community ,                                                    statistics of imports of the said products from Spain during a
                                                                         representative reference period and on the economic outlook
 Having regard to the Act of Accession of Spain and Portugal ,           for the quota period in question ;
 and in particular Articles 30 and 31 thereof,
                                                                         Whereas during the last three years for which statistics are
 Having regard to the proposal from the Commission ,                     available the imports into the Member States of these
                                                                         products were as follows :
 Whereas , under Articles 30 and 31 of the Act of Accession ,                                                                      (tonnes)
 the duties applicable to imports into the Community as
 constituted on 31 December 1985 of certain woven fabrics of                        Member State            1984       1985       1986
 cotton originating in Spain are to be progressively abolished
 in the context of a Community tariff quota of 2 013 tonnes ;            Benelux                             213        225        288
 whereas on 1 January 1988 the duties in question will be                Denmark                              83         50        128
 reduced to 62,5 % of the basic duties ; whereas by way of               Germany                             350        148          51
 derogation from Article 30 of the Act of Accession ,                    Greece                               39                      8
 Regulation ( EEC ) No 443 / 86 ( J ), provides that the basic
                                                                                                                        —
                                                                         France                            1 160      1 279      1 268
 duties shall be those actually applied on 1 January 1986 ;
                                                                         Ireland                             409         59          14
 whereas it is therefore appropriate , for the purpose of
 determining the duties applicable to the products in question ,         Italy                               318        408          36
 to open a Community tariff quota of 2 013 tonnes for certain            United Kingdom                      372        436          72
 woven fabrics of cotton originating in Spain at the rates of
 duty shown in the table in Article 1 ;
 Whereas Article 1 of Protocol 3 annexed to the Act of
 Accession makes special provisions for the importation into             Whereas in view of these factors and of market forecasts for
 Portugal of the products in question originating in Spain ;             these products , and in particular of forecasts made by certain
 whereas , consequently , the Community tariff quota applies             Member States , the initial percentage shares of the quota
 only in the Community as constituted on 31 December                     volume can be expressed approximately as follows :
 1985 ;
                                                                                 Benelux                                      6,54
Whereas from the date on which the said quota is opened , the                    Denmark                                      2,37
nomenclature used in the Common Customs Tariff will be                           Germany                                      7,78
replaced by the combined nomenclature based on the                               Greece                                       0,67
International Convention on the Harmonized Commodity                             France                                      52,54
Description and Coding System ; whereas this Regulation                          Ireland                                     16,10
must take account of that fact by indicating the combined                        Italy                                       10,80
nomenclature codes and , where appropriate , the TARIC                           United Kingdom                               3,20
code numbers within which the said products fall ;
                                                                        Whereas , to allow for the trend of imports of the products
Whereas equal and continuous access to the quota should                 concerned in the various Member States , the quota volume
be ensured for all Community importers and the rates                    should be divided into two parts , the first being allocated
laid down for the quota should be applied consistently                  among the Member States and the second held as a reserve to
to all imports of the products in question into all the                 cover any subsequent requirements of Member States which
Member States until the quota is exhausted ; whereas , in               have used up their initial share ; whereas , to afford importers
the light of these principles , allocation of the tariff                in each Member State some degree of certainty , an
quota among the Member States would seem to preserve the                appropriate level for the first part of the Community quota
                                                                        would , in the present circumstances , be 75 % of the quota
(M OJ No L 50 , 28 . 2 . 1986 , p. 9 .                                  volume ;
 ---pagebreak--- No L 383 / 42                                Official Journal of the European Communities                                            31 . 12 . 87
Whereas the initial shares of the Member States may be used                   ponding reserve in order to prevent part of the Community
up at different rates ; whereas , in order to avoid any break in              tariff quota from remaining unused in one Member State
the continuity of supplies on this account , it should be                     when it could be used in others ;
provided that any Member State which has almost used up
one of its initial shares should drawn an additional share                    Whereas since the Kingdom of Belgium , the Kingdom of the
from the corresponding reserve ; whereas each time its                        Netherlands and the Grand Duchy of Luxembourg are united
additional share is almost used up a Member State should                      within and jointly represented by the Benelux Economic
draw a further share and so on as many times as the reserve                    Union , any operation concerning the administration of the
allows ; whereas the initial and additional shares must be                    quota shares allocated to that economic union may be carried
valid until the end of the quota period ; whereas this form of                out by any one of its members ,
administration requires close cooperation between the
Member States and the Commission and the latter must be
able to monitor the extent to which the quota volume has
                                                                              HAS ADOPTED THIS REGULATION :
been used up and inform the Member States accordingly ;
                                                                               From 1 January to 31 December 1988 the customs duties
Whereas if at a given in the quota period a considerable                       applicable to imports into the Community as constituted on
quantity of a Member State's initial share remains unused ,                    31 December 1985 of the following products originating in
it is essential that the Member State concerned should                         Spain shall be suspended at the levels indicated and within the
return a significant proportion thereof to the corres­                        limits of the Community tariff quota indicated :
                                                                                                                         Volume of    Rate of
     Order
      No
                       CN code                                           Description                                     the quota      duty
                                                                                                                          ( tonnes )    (% )
09.0315              5208               Woven fabrics of cotton , containing 85 % or more by weight of cotton ,
                                        weighing not more than 200 g / m2                                                               2,5
                     5209               Woven fabrics of cotton , containing 85 % or more by weight of cotton ,
                                        weighing more than 200 g / m2                                                                   2,5
                     5210               Woven fabrics of cotton , containing less than 85 % by weight of cotton ,
                                        mixed mainly or solely with man-made fibres , weighing not more than
                                        200 g / m2                                                                                      2,5
                     5211               Woven fabrics of cotton , containing less than 85 % by weight of cotton ,
                                        mixed mainly or solely with man-made fibres , weighing more than               -     2 013
                                        200 g / m2                                                                                       2,5
                     5212               Other woven fabrics of cotton                                                                    2,5
                  ex 5811 00 00         Quilted textile products of cotton in the piece , composed of one or more
                                        layers of textile materials assembled with padding by stitching or
                                        otherwise , other than embroidery of heading No 58 10                                            2,5
                  ex 6308 00 00         Sets consisting of woven fabric and yarn of cotton , whether or not with
                                        accessories , for making up into rugs , tapestries , embroidered tablecloths
                                        or serviettes , or similar textile articles put up in packings for retail
                                        sale                                                                                             2,5
                              Article 2                                       2.      The second part , amounting to 503 tonnes , shall
                                                                              constitute the reserve .
1.     The first part of the Community tariff quota referred to
in Article 1 , amounting to 1 510 tonnes , shall be allocated
among the Member States ; the quota shares , which shall ,                                                   Article 3
subject to Article 5 , be valid until 31 December 1988 , shall be
as follows :
                                                                               1.     If a Member States has used 90 % or more of its initial
                                                       ftonnes)                share as specified in Article 2 ( 1 ), or of that share less any
       Benelux                                             100                portion returned to the reserve pursuant to Article 5 , it shall
       Denmark                                              35                forthwith , by notifying the Commission and to the extent
       Germany                                             120                that the reserve so permits , draw a second share equal to
       Greece                                               10                 15 % of its initial share , rounded up where necessary to the
       France                                              790                next whole number .
       Ireland                                             245
       Italy                                               160                 2.     If, after its initial quota share has been used up ,
       United Kingdom                                       50                 a Member State has used 90 % or more of its second share
 ---pagebreak--- 31 . 12 . 87                                 Official Journal of the European Communities                               No L 383 / 43
as well , it shall forthwith , using the procedure provided for in      form each Member State of the extent to which the reserve
paragraph 1 , draw a third share equal to 7,5 % of the initial          has been used up as soon as it has been notified .
share , rounded up where necessary to the next whole
number .                                                                It shall inform the Member States not later than 5 October
                                                                        1988 of the state of the reserve following any return of quota
3.      If, after its second share has been used up , a Member          shares pursuant to Article 5 .
State has used 90 % or more of its third share , it shall , using
the same procedure drawn a fourth share equal to the                    It shall ensure that the drawing which exhausts the reserve
third .                                                                 does not exceed the balance available , and to this end shall
                                                                        notify the amount of that balance to the Member State
                                                                        making the final drawing .
This process shall continue until the reserve is used up .
4.      By way of derogation from paragraphs 1 , 2 and 3 ,                                          Article 7
Member States may draw smaller shares than those
specified in the said paragraphs if there is reason to believe          1.     Member States shall take all appropriate measures to
that they might not be used in full . Member States shall               ensure that additional drawings of shares pursuant to Article
inform the Commission of their reasons for applying this                3 enable imports to be charged without interruption against
paragraph .                                                             their accumulated shares of the Community tariff quota .
                                                                        2.     Member States shall ensure that importers of the
                                                                        products concerned have free access to the quota shares
                               Article 4                                allocated to them .
Additional shares drawn pursuant to Article 3 shall be valid            3.     Member States shall charge imports of the products
until 31 December 1988 .                                                concerned against their shares as and when the goods are
                                                                        entered with the customs authorities for free circulation .
                                                                        4.     The extent to which a Member State has used up its
                               Article 5                                shares shall be determined on the basis of the imports of the
                                                                        goods in question entered with the customs authorities for
                                                                        free circulation .
By 1 October 1988 at the latest , Member States must return
to the reserve the unused portion of their initial share which ,
on 15 September 1988 , is in excess of 20% of the initial                                           Article 8
volume . They may return a greater portion if there is reason
to believe that it might not be used .                                  At the request of the Commission , Member States shall
                                                                        inform if of imports actually charged against their quota
By 1 October 1988 at the latest, Member States must notify              shares .
the Commission of the total quantities of the products
concerned imported on or before 15 September 1988 and
charged against the Community quota and of any portion of                                           Article 9
their initial share that they are returning to the reserve .
                                                                        The Member States and the Commission shall cooperate
                                                                        closely to ensure that this Regulation is complied with .
                               Article 6
                                                                                                   Article 10
The Commission shall keep account of the shares drawn by
Member States pursuant to Articles 2 and 3 and shall in­                This Regulation shall enter into force on 1 January 1988 .
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States .
                     Done at Brussels , 22 December 1987 .
                                                                                               For the Council
                                                                                                 The President
                                                                                                N. WILHJELM