CELEX: 31985R3131
Language: en
Date: 1985-10-22 00:00:00
Title: Council Regulation (EEC) No 3131/85 of 22 October 1985 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 (1986)

16 . 11 . 85                                 Official Journal of the European Communities                                 No L 304 / 5
                                             COUNCIL REGULATION (EEC) No 3131 / 85
                                                            of 22 October 1985
               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 ( 1986)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                                                                    Member State            1982      1983      1984
                                                                         Benelux                             1,8       0,7       7.2
                                                                         Denmark                             0,3       0,1       2,9
Having regard to the Treaty establishing the European                    Germany                             5,3       4.1      11,9
Economic Community , and in particular Article 113                       Greece                                        1,1       1.3
thereof,                                                                 France                             63,5      58,2      39,4
                                                                         Ireland                            22,3      27,8      13,9
                                                                         Italy                               3,2       4.2      10,8
Having regard to the proposal from the Commission ,                      United Kingdom                      3,6       3,8      12,6
Whereas an Agreement between the European Economic
Community and Spain (*) was concluded on 29 June 1970
and supplemented by the Protocol to the Agreement                        Whereas , in view of these factors , and of market forecasts
between the European Economic Community and Spain                        for the products in question and in particular of the
consequent on the accession of the Hellenic Republic to the              estimates submitted by certain Member States , initial quota
Community ( 2 );                                                         shares may be fixed approximately at the following
                                                                         percentages :
Whereas the Community committed itself, under this
Agreement , to opening an annual total Community tariff                          Benelux                                     4,7
quota of 2 013 tonnes of other woven fabrics of cotton ,                         Denmark                                     3,5
falling within heading No 55.09 of the Common Customs                            Germany                                     5,9
Tariff and originating in Spain ; whereas , the quota duty is                    Greece                                      0,6
equal to 40 % of the Common Customs Tariff duty in                               France                                    55,6
respect of the products concerned ; whereas this                                 Ireland                                   22,0
Community tariff quota should be opened for 1986 ;                               Italy                                       4,7
                                                                                 United Kingdom                              3,0
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 85 % of the quota ;
to the statistics of imports from Spain over a representative
period and also to the economic outlook for the quota
period concerned ;                                                       Whereas the Member States' initial shares may be used up
                                                                         at different times ; whereas , in order to take this fact into
Whereas , during the last three years for which statistics are           account and avoid any break in continuity , any Member
available , the corresponding imports by each of the                     State which has almost used up its initial share should draw
Member States represent the following percentages of the                 an additional share from the reserve ; whereas this must be
imports into the Community from Spain of the products                    done by each Member State as and when each of its
concerned :                                                              additional shares is almost used up , and repeated as many
                                                                         times as the reserve allows; whereas the initial and
                                                                         additional shares must be valid until the end of the quota
                                                                         period ; whereas this method of administration requires
0 ) OJ No L 182 , 16 . 8 . 1970 , p . 1 .                                close cooperation between the Member States and the
( 2 ) OJ No L 326 , 13 . 11 . 1981 , p . 1 .                             Commission , and the latter must be in a position to
 ---pagebreak--- No L 304 / 6                                Official journal of the European Communities                                      16 . 11 . 85
monitor the extent to which the quota volume has been                      economic union may be carried out by any of its
used up and to inform the Member States thereof;                           members ,
Whereas if, at a given date in the quota period , a
substantial quantity of an initial share remains unused in a
Member State , it is essential that that Member State should               HAS ADOPTED THIS REGULATION :
return a significant proportion to the reserve , to prevent a
part of any Community quota from remaining unused in
one Member State when it could be used in others ;
                                                                                                      Article 1
Whereas , since the Kingdom of Belgium , the Kingdom of                    From 1 January until 31 December 1986 the Common
the Netherlands and the Grand Duchy of Luxembourg are                      Customs Tariff duties in respect of the products originating
united within and jointly represented by the Benelux                       in Spain and listed below shall be partially suspended at the
Economic Union , any operation concerning the                              levels indicated for each of them within the limits of a
administration of the quota shares allocated to that                       global Community tariff quota of 2 013 tonnes :
                     CCT                                                                                        Rate of
                   heading                                     Description                                       duty
                     No                                                                                           %)
                    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                                           4,2
                                     II . Other                                                                  4,2
                                  B. Other :
                                      I. Of a width of less than 85 cm                                           4.2
                                     II . Other                                                                  4.3
                            Article 2                                      15 % of its initial share, rounded up where necessary to the
                                                                           next unit .
1 . A first instalment amounting to 1 700 tonnes of the
Community tariff quota referred to in Article 1 shall be                   2 . If, after its initial share has been used up , 90 % or
allocated among the Member States ; the respective shares ,                more of the second share drawn by a Member State has
which subject to Article 5 shall be valid until 31 December                been used up , that Member State shall , in accordance with
1986 , shall be as follows :                                               the conditions laid down in paragraph 1 , draw a third
                                                                           share equal to 7,5 % of its initial share , rounded up where
                                                      (tonnes)
                                                                           necessary to the next unit .
       Benelux                                           80
       Denmark                                           60
                                                                           3 . If, after its second share has been used up , 90 % or
       Germany                                          100
                                                                           more of the third share drawn by a Member State has been
       Greece                                            10
                                                                           used up , that Member State shall , in accordance with the
       France                                           945
                                                                           same conditions , draw a fourth share equal to the third .
       Ireland                                          375
       Italy                                             80
                                                                           This process shall continue until the reserve is used up .
       United Kingdom                                    50
                                                                           4 . By way of derogation from paragraphs 1 , 2 and 3 , a
2 . The second instalment of 313 tonnes shall constitute
                                                                           Member State may draw shares smaller than those fixed in
the reserve .
                                                                           those paragraphs if there is reason to believe that these
                                                                           might not be used up . It shall inform the Commission of its
                             Article 3                                     reasons for applying this paragraph .
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
portion returned to the reserve where Article 5 is applied ,                                          Article 4
has been used up , then , to the extent permitted by the
amount of the reserve , that Member State shall forthwith ,                Each of the additional shares drawn pursuant to Article 3
by notifying the Commisison , draw a second share equal to                 shall be valid until 31 December 1986 .
 ---pagebreak--- 16 . 11 . 85                             Official Journal of the European Communities                               No L 304 / 7
                            Article S                                                         Article 7
                                                                    1 . The Member States shall take all measures necessary to
The Member States shall return to the reserve, not later            ensure that additional shares drawn pursuant to Article 3
than 1 October 1986 , such unused portion of their initial          are opened in such a way that imports may be charged
share which , on 15 September 1986 , is in excess of 20 %           without interruption against their accumulated shares of
of the initial volume . They may return a larger quantity if        the Community quota .
there are grounds for believing that it may not be used .
                                                                    2 . The Member States shall ensure that importers of the
The Member States shall , not later than 1 October 1986 ,           products in question have free access to the shares allocated
                                                                    to them .
notify the Commission of the total quantities of the
products in question up to 15 September 1986 and charged
against the tariff quota and of any quantities of the initial       3 . The Member States shall charge imports of the said
shares returned to the reserve .                                    goods 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 6                               share shall be determined on the basis of the imports
                                                                    charged in accordance with paragraph 3 .
The Commission shall keep an account of the shares                                            Article 8
opened by Member States in accordance with Articles 2
and 3 and shall , as soon as it is notified, inform each            At the request of the Commission, Member States shall
Member State of the extent to which the reserve has been
                                                                    inform it of imports of the products concerned actually
used up .                                                           charged against their shares .
                                                                                              Article 9
It shall inform the Member States , not later than 5 October
1986 , of the amount in the reserve after quantities have
been returned pursuant to Article 5 .                               The Member States and the Commission shall cooperate
                                                                    closely in order to ensure compliance with this
                                                                    Regulation.
The Commission shall ensure that any drawing which
exhausts the reserve does not exceed the balance available                                   Article 10
and , to this end , shall notify the amount of that balance to
the Member State which makes such last drawing.                     This Regulation shall enter into force on 1 January 1986 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Luxembourg , 22 October 1985 .
                                                                                        For the Council
                                                                                         The President
                                                                                           J. F. POOS