CELEX: 31977R0760
Language: en
Date: 1977-04-13 00:00:00
Title: Commission Regulation (EEC) No 760/77 of 13 April 1977 on the administration of quantitative limits on imports of certain textile products originating in the Federative Republic of Brazil

14 . 4 . 77                            Official Journal of the European Communities                            No L 92/ 11
                                    COMMISSION REGULATION (EEC) No 760/77
                                                        of 13 April 1977
               on the administration of quantitative limits on imports of certain textile
                              products originating in the Federative Republic of Brazil
 THE COMMISSION OF THE EUROPEAN                                    whereas the measures provided for in this Regulation
 COMMUNITIES,                                                      are in accordance with the opinion of the Quota
                                                                   Administration Committee set up by Regulation
                                                                   (EEC) No 1023/70,
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                   HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No
 1023/70 of 25 May 1970 establishing a common proce­
                                                                                            Article 1
 dure for administering quantitative quotas ('), and in
 particular Articles 2 and 8 thereof,
                                                                   The quantitative limits on imports established in
                                                                   Article 1 of Council Regulation (EEC) No 1169/76 of
 Having regard to Council Regulation (EEC) No                       17 May 1976 shall be allocated among the Member
 1169/76 of 17 May 1976 concerning import arrange­                 States as set out in Annex A hereto.
 ments for certain textile products originating in
 Brazil (2),
                                                                                            Article 2
Whereas Article 1 of Regulation (EEC) No 1169/76                   1 . The competent authorities of the Member States
 sets up Community quantitative limits on imports and              concerned shall authorize the import of the products
 provides for their allocation among the Member States             referred to in Article 1 of Regulation (EEC) No
 in accordance with the criteria indicated ;                        1 1 69/76 up to the amount of the quota shares esta­
                                                                   blished pursuant to Article 1 above.
Whereas the quantitative limits must so be adminis­                2.      When the Commission considers that, in accor­
 tered that, in accordance with the terms of the Agree­            dance with the Agreement, action should be taken as
 ment between the European Economic Community                      a result of notification given by the Brazilian authori­
and the Federative Republic of Brazil on trade in                  ties that they intend :
textile products, unused portions of ceilings esta­                — to transfer, in a given year under the Agreement,
blished under the Agreement may be transferred to
                                                                         unused quantities of a quantitative limit in one
other ceilings or carried over from one year to the                      category to the quantitative limit for another cate­
 next, and advance use made of such ceilings ;
                                                                         gory,
                                                                   — to carry over unused quantities of a quantitative
Whereas the system of bilateral control provided for                     limit fixed in the Agreement to the corresponding
 in the said Agreement between the Community and                         limit fixed for the following year, or to use in
 Brazil can be carried out only by the authorities of the                advance part of a quantitative limit fixed for the
Member State indicated as being the destination by                       following year,
 the Brazilian authorities and against whose quota
share of the Community ceiling the quantity exported               it shall so inform the Member States, which shall auth­
has been debited by the said authorities ;                         orize imports in excess of the limits fixed in para­
                                                                   graph 1 up to the amount of the quantities indicated
                                                                   by the Commission .
Whereas, in accordance with Regulation (EEC) No
 1169/76, products which enter the Community's
customs territory under inward processing or                                                Article 3
temporary       admission        arrangements       and    are
re-exported in their original condition or after                   The authorities of the Member State whose territory is
processing, with the exception of products in category             designated as the place of destination on the export
2 of the table in Annex A, should not be debited                   licence shall forthwith and automatically, on presenta­
against the Community quantitative limits ;                        tion by the importer of a valid export certificate issued
                                                                   by the Brazilian authorities, authorize the import of
(') OJ No L 124, 8 . 6 . 1970, p. 1 .                              the products referred to in Article 2 up to the amount
(2 ) OJ No L 131 , 20 . 5 . 1976, p. 1 .                           of the limits laid down in Article 2.
 ---pagebreak--- No L 92/ 12                       Official Journal of the European Communities                           14 . 4 . 77
Export certificates issued by the Brazilian authorities     imports of products referred to in this Regulation
shall not be regarded as valid unless they contain the      have been debited against the quota shares established
information specified in Annex B.                           in Article 1 but that these products have subsequently
                                                            been re-exported outside the Community, either in
                        Article 4                           their original state or after processing they shall
                                                            inform the Commission of the quantities involved
1 . Subject to Article 1 (5) of Reguation (EEC) No          and authorize imports of the same quantities, which
1169/76, authorization shall be required for the clear­     shall not be so debited .
ance for consumption of products imported under
inward processing or under some other temporary
admission arrangements. After consultation with the
Commission Member States shall debit the quantities                                 Article 5
in question against the quota shares for the current
year or the following year.
                                                            This Regulation shall enter into force on the day
2. Where, subject to Article 1 (5) of Regulation            following its publication in the Official Journal of
(EEC) No 1169/76, Member States ascertain that              the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 13 April 1977.
                                                                      For the Commission
                                                                     Wilhelm HAFERKAMP
                                                                         Vice-President
 ---pagebreak--- 14. 4. 77                           Official Journal of the European Communities                                   No L 92/ 13
                                                            ANNEX A
                                         Quantitative limits referred to in Article 1
                                                                                                              Quantitative limits
                CCT
                            NIMEXE code                                                              Member
  Category    heading                                              Description                 Units
                                 ( 1975)                                                              State
                 No                                                                                           1976           1977
     1         55.05                                Cotton yarn , not put up for            1 000 kg FRG    11 175        11 552
                                                    retail sale                                         F    2 830          3 370
                                                                                                        I    3 839          4 162
                                                                                                     BNL     6 732          6 766
                                                                                                      UK        452            678
                                                                                                      IRL     1 113         1 119
                                                                                                      DK        359            443
                                                                                                      EEC   26 500        28 090
     2     ex 55.09                                Other woven fabrics of cotton :          1 000 kg FRG     6 700          6  786
                                                                                                        F    1 396          1  518
                      55.09-01 ;       02 ;   11 ; — Unbleached or bleached
                                                                                                        I    3 337          3  381
                      12 ; 13 ;    14 ; 15 ;  16 ;
                                                                                                     BNL     2 396          2 428
                      17 ; 19 ;    21 ; 29 ;  31 ;
                                                                                                      UK        830            977
                      33 ; 35 ;    37 ; 38 ;  39 ;
                                                                                                      IRL       200            203
                      41 ; 49 ;     68 ; ex   71 ;
                                                                                                      DK        141            157
                      72 ; 73 ;    74 ; 76 ;  77 ;
                      78                                                                              EEC   15 000        15 450
     3     ex 55.09                                Other woven fabrics of cotton :          1 000 kg FRG        618            682
                                                                                                       F        225            260
                      55.09-03 ;       04 ;   05 ; — Other than unbleached and
                                                                                                        I       510            523
                      51 ; 52 ; 53 ;     54 ; 55 ;      bleached
                                                                                                     BNL        553            556
                      56 ; 57 ; 59 ;     61 ; 63 ;
                                                                                                      UK        364           411
                      64 ; 65 ; 66 ;     67 ; 69 ;
                                                                                                      IRL       500            503
                      ex 71 ; 81 ;       82 ; 83 ;
                                                                                                      DK         80             86
                      84 ; 86 ; 87 ;     92 ; 93 ;
                      97                                                                              EEC    2 850          3 021
     4     ex 62.02                                 Bed linen , table linen , toilet        1 000 kg FRG     3 900          3 920
                                                    linen      and     kitchen      linen ;            F        360           432
                                                    curtains and other furnishing                       I       340           406
                                                    articles :                                       BNL        400           464
                                                                                                      UK        740           860
                                                   ex B. Other than net curtains :                    IRL       110            111
                                                            — Bed linen :                             DK        150            167
                      62.02-1 1                                  — Of cotton                          EEC    6 000          6 360
                                                            — Table linen :
                            - 41 , 43, 47                        — Of cotton
                                                            — Toilet          linen    and
                                                                 kitchen linen :
                            - 71 , 73                            — Of cotton
 ---pagebreak--- No L 92/ 14                              Official Journal of the European Communities                                  14. 4. 77
                                                               ANNEX B
                                                   Details referred to in Article 3 (2)
            The export certificate issued by the Brazilian authorities (') for products covered by this Regulation
             shall specify or contain :
             1 . the destination, and in particular the Member State to which the goods are destined ;
             2. the serial number ;
            3.   the name and address of the importer ;
            4.   the name and address of the exporter ;
             5.  the net weight, in kilograms or in tonnes, and the value of the products covered by the certificate ;
             6.  the category against which the product has been debited by the Brazilian authorities and the
                 description of the product ;
            7. a certificate to the effect that the quantity in question has been debited against the share of the
                 Member State to which it is being sent of the agreed ceiling for exports to the Community, or,
                 where appropriate, that the quantity is for immediate re-export, or for re-export after processing,
                 outside the Community ;
            8 . the year during which the products were exported, that is, were taken aboard in "Brazil for export
                 to the Community.
            (') Carteira de Comercio Exterior (CACEX).