CELEX: 51973PC1929
Language: en
Date: 1973-11-16
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community Tariff quota for other woven fabrics of cotton falling within heading No 55.09 of the Common Tariff, originating in the Republic of Lebanon (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1929
Vol. 1973/0339
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM ( 73 ) 1929 final  ,
                                             Brussels , 16 . November 1973
                       PROPOSAL FOR A
            REGULATION ( EEC ) OF THE COUNCIL
    on the opening, allocation and administration of a
    Community Tariff quota for other woven fabrics of
    cotton falling within heading No 55 * 09 of the Common
    Tariff , originating in the Republic of Lebanon
            ( submitted to the Council by the Commission )
    COM (73 ) 1929 final
 ---pagebreak---                         EXPLAMTORY KEï'ORAM)IM
The Agreement between "the Conrnvuni'ty and. "the Lebanese Republic (Article 2
and Article 3 of Annex i ), together with the Protocol laying down certain
provisions relating to that Agreement consequent on the accession of new
Member States to the European Economic Community (Articles 2 and 5 )»
provides for the opening of an annual Community tariff quota of 100 metric
tons for other woven fabrics of cotton falling within Common Customs Tariff
heading No 55-09 , originating in Lebanon . The abovementioned Protocol
(Article 5 ) also provides for the quota of 100 metric tons to "be allocated
as follows :
(a) to the Community as originally constituted                       70 metric tons
 (b) to Denmark                                                      10 metric tons
 ( c ) to Ireland                                                    10 metric tons
 (d) ' to the United Kingdom                                          10 metric tons
The duties to he applied are fixed "by the Agreement at            of the Common
Customs Tariff duties for the products concerned .        However , Articles 3 and
4 of the abovement ioned Protocol also contain special provisions concerning
the duties to "be applied by the new Member States .       Similarly , certain
provisions of the Act concerning the Conditions of Accession and the Adjust­
ments to the Treaties must he complied with when fixing these duties .
In order to fulfil the Community's obligation to Lebanon , a regulation should be
adopted opening , allocating and providing for the administration of this
Community tariff quota .
This is the purpose of the proposal annexed hereto .
 ---pagebreak--- The following remarks are necessary concerning the quota assigned to the
Member States of the Community as originally constituted :
(a) The regulation provides , as is the rule , for the quota to "be divided
       into two instalments , the first of which is allocated among the Member
      States concerned while the second constitutes the reserve .
(b ) The allocation of the first instalment is usually based on the statistics
      for the previous three years and the forecasts for the quota period
       concerned . However , it does not appear desirable to apply this
      principle to the other woven fabrics of cotton concerned , since :
       (i ) one Member State 's imports were insignificant ,
     (ii ) there were no imports at all into the other five Member States ,
    (iii ) total imports into the Community as originally constituted were
            small in comparison with the quota to be allocated ,
     ( iv) it is very difficult to draw up forecasts of future imports .
However , in order to achieve , nevertheless , a fair and weighted allocation of
this quota among the Member States concerned , the Commission is working on
the assumption that , in all but quite exceptional cases , each Member State
must be able to play at the outset a significant part in the application
of a Community measure such as the tariff quotas . Such an allocation must
be aimed at evening out as far as possible among the Member States the
advantages and responsibilities resulting from this measure . Obviously,
this formula will have to be adapted subsequently in the light of any trade
movements .
 ---pagebreak---               PH0P03 1L FOR A
       REGULATION ( EEC ) CP THE COUNCIL
     oil the opening , allocation and 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 the Republic of Lebanon
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                   \
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113 thereof
Having regard to the proposal from the Commission;
 ---pagebreak--- Whereas "the Agreement between the European Economic Community
and the Republic of Lebanon        (^)» hereinafter called Mthe
Agreement " and the Protocol laying down certain provisions
concerning the Agreement between the European Economic
Community and the Republic of Lebanon            in consequence of the
accession of new Member States to the Eiisropean Economic
              n
Community ( ) hereinafter called " the Protocol " provides
for the opening of an annual Community tariff quota of
100 ' metric tons .of.. other .woven, fabrics of cotton falling
within heading No 55*09 of the Common Customs Tariff,
originating in the Republic of Lebanon ;
                     whereas under the /Protocol the tariff
quota should be allocated among the -Member - States as
follows : 70 " metric tons for the Member States of the
Community as originally , constituted , r 10 metric tons for
Denmark, 10 metric tons ; for Ireland and '10 metric tons for
the United Kingdom ; whereas Annesc I , to the Agreement provides
that the duties applicable to the quota shall be equal to
b5fo of the duties of the Common Customs Tariff ; whereas as
regards the duties to be applied to ; the quota by the new
Member States , the special provisions of the Protocol and of t
the Act of Accession ( ) should be observed ; whereas a
Community tariff quota                 -   - • ■         therefore
be opened for those products ; whereas to comply with the
special provisions of the Protocol , separ&te arrangements
should be made for the Member States of the Community as
originally constituted on the one hand and for the new
Member States on the other :
( ) OJ Ko ... of ....     1  __ _        :
( ^ ) OJ No ... of ....
( 3 ) OJ ITo L 73 of 27.3.1973 , P. 14
 ---pagebreak--- Whereas as regards in particular the Member States of the
Community as originally constituted :
- equal and continuous access to the quota should be ensured
  for all importers and quota duties should be applied
  consistently to all imports of the products in question
  until the quota is used up ;
- in the light of the principles set out s.bove , the Community
  nature of the quota may best be preserved by an
  arrangement allocating it among those Member States ;
  whereas in order to reflect most accurately the actual
  development of the market in the products in question ,
  such allocation should be proportionate to the requirements
  of the Member States , calculated both from the statistics
  of each Member States * imports from the Republic of Lebanon
           . over a representative reference period and from
  the economic outlook for the quota period in question ;
- during the last three years for which statistics are
  available , the following percentages represent the
  respective imports of the Member States concerned in
  relation to imports of the products in question from
  the Republic of Lebanon      into the Comnunity'as
  originally constituted ;
 ---pagebreak---                                 4
                                    1970           1971          1972
               Gerraany
               Bénélux
               France
               I taily               100            100
                                   (= 9t )        (= 8t )
  in view of these data and the estimates submitted by certain Member States
  as well as the practical need to ensure that the obligations contracted
  under the Agreement concerned are allocated fairly among all the Member
  States , initial quota shares may be fixed approximately at the following
  percentages :
              Germany              20
              Bénélux              20
              France               20
              Italy                kO
- in order to take account of import trends for the products
  in question in the Ivlem"ber States concerned , the quota
  amount should be divided' into two tranches , the first
  tranche being allocated among the same Member States , the
  second tranche constituting a reserve intended to cover
  the later requirements of those Member States which have
  used up their initial quota shares j whereas in order to
  ensure a certain degree of security to importers in each
  of those Member States , the first tranche of the q^iota
  should be fixed in this case at approximately 70$& : '
 ---pagebreak---                             - 5 -
 the initial quota shares may be uced up at different rates ;
 whereas , therefore , to avoid disruption of supplies ,- tiny
 Member State which has almost used up its initial quota
 share , must draw an additional quota share from the reserve ;
 whereas this must be done by each Member State as each one
 of its additional quota shares is almost used up , and as
 man2r times as the reserve allows ; whereas the initial and
 additional quota shares must be valid until the end of the
 quota period ;  whereas this form of administration requires
 close collaboration between the Member States concerned and the
 Commission , and the Commission must be in a position to
 follow the extent to which the quota volume has been used
 up and inform the Member States thereof ;
 if , at a given date in the quota period , a considerable
 quantity of the initial quota share is left over in a
Member State , it is essential that that state should
 return a significant proportion to the reserve , to
 prevent a part of the quota allocated to the Member States
 of the Community as originally constituted from remaining
■unused in one Member State while it could be used in others ;
since the Kingdom of Belgium , the Kingdom of the Netherlands
 and the Grand Duchy of Luxembourg are jointly represented
 by the Benelux Economic Union any measure concerning the
 administration of the quota shares allocated to that
 economic union may be carried out by one of its members ;
                                                  • • •/ • ♦ ♦
 ---pagebreak--- Whereas , as regards in particular the new Member States :
– the quota duties to be applied by the new Member States must be
   especialy in accordance with Articles 3 and k of the Protocol ;
- equal and. continuous access to the quota should be ensured
  for all importers and quota duties should be applied
  consistently to all imports of the said products until the
  quota is used upj
HAS ADOPTED THIS REGULATION :
                            Article 1
                                             ;      I
      A Community tariff quota of 100 metric tons is opened
for the period from 1 January to 31 December 1$7^» in
respect of other woven fabrics of cotton falling within
heading ITo 55.09 of the Common Customs Tariff originating in
the Republic of Lebanon .
                                                         /
      This quota shall be allocated and administered m
accordance with the provisions set out below .
Provisions applicable to- the Member States of the Community
                   as originally constituted
                            Article 2
      The Common Customs Tariff duties are partially suspended
at the rates indicated below in respect of 70 metric tons
of the quota referred to in Article 1 :
 ---pagebreak--- * Common Customs                                              Eat e of
                                Description 01 goods
: Tariff Heading Ho                                           duty fo  :
                        ►         -                        s
                            – – – ––    – – – – –. –       ,
 »                      »                                  4I          «
»
        55.09             Other woven fabrics of
                          cotton
                          A. Containing 85^ or more by
                              weight of cotton :
                             I , Of a width, of less
                        '           than 85cm                   5.8
•                     <
                        :   II . Oulier                    ::   6.3    :
                                                            »          •
                                                            »          *
                        : 3. Other :                       :•
                                                                       »
                                                                       «
•                    4
φ                    4
                             I. Of a v/idth of les s
«
•
                     4
                     *
                                    than 85 cm                  6.3
•                    «  :   II . Oxner                      :   6.7    :
m                     11                                   a»          •
                                    Article 3
    y
1.       A urst tranche of            50 metric tons of the amount
    mentioned in Article 2 is allocated among those Member
    States ; the shares which , subject to Article 6 , are valid
    until 31 December .1S7S are as follows :
                   Germany           10 metric tons
                   Benelux           10 metric tons
                   France .          10 metric tons
                   Italy             20 metric tons
2.       The second tranche , amounting to 20 metric tons ,
    constitutes the reserve .
 ---pagebreak---                                  - 8 -
                               Article 4
1.          If 90$ or more of a Member State 's initial quota share
     as specified in Article 3(1 ), or of that share minus the
     portion returned to the reserve where Article 6 is applied ,
     has been used up , that Member State shall without delay , by
     notifying the Commission , draw a second quota share , to the
     extent that the reserve is sufficient , equal to 15$ of its
   • initial quota share , rounded up where necessary to the next
     unit .
2.          If , after its initial quota share has been used up ,
     90$ or more of the second quota share drawn by a Member
     State has been used up , that Member State > shall without delay,
     by notifying the Commission , draw a third quota share , to
     the extent that the reserve is sufficient , equal to 7»5$
     of its initial quota share , rounded up where necessary to
     the next unit .
3.          If , after its second quota share has been used up ,
     90$ or more of the third quota share drawn by a Member
    State has also been used up , that Member State shall , in
    accordance with paragraph 2 , draw a fourth quota share
    equal to the third .
            This process is continued until the reserve is used up .
 ---pagebreak--- 4.      Notwithstanding paragraphs 1 to 3 , a Member State
   nay draw quota shares lower than those fined in those
   paragraphs if there a.re grounds for "believing that those
   fixed may not be used up . It shall inform the Commission
   of its reasons for applying this paragraph .
                          Article 5
     Additional quota shares drawn pursuant to Article 4 are
valid until 31 December 197^. • • • •
                          Article 6
     A Member State which on 15 September 197 ^ has not used
up its initial quota share shall return to the reserve not
later than 10 October 197^    the unused portion exceeding 20$
of the initial amount . It may return a greater portion if
there are grounds for believing that it my not bo used up .
     Member States shall , not later than 10 October 197 ^,
notify to the Commission the total quantities of the products
in question imported up to and including 15 September 1974 and
charged against the Community tariff quota and any quantities
returned to the reserve .
 ---pagebreak---                             - 10 -
                           Article 7
      The Commission shall keep an account 01 the quota shares
opened by the Member States pursuant to Articles 3 and 4 and
shall , as soon as information reaches it , inform each State
of the extent to which the reserve has been used up .
     It' shall , not later than 15 October 197^, . inform the
Member States of the amount still in reserve after returns
have been made pursuant to Article 6 .
     It shall ensure that the drawing which uses up the
reserve is limited to the balance available and to this end
shall specify the amount thereof to the Member State making
the last drawing .
                           Article 8
     Member States shall take all necessary measures to ensure
that the additional shares taken up under Article 4 are so
drawn as to allow for uninterrupted charges against their
accumulated shares of the Community quota .
                                                       • •/ • • •
 ---pagebreak---                              - 11 ..-
Provi si ons strali cable to the new I.Ienocr States
                            Article 9
     A quantity of 30 metric tons of tlie puota referred to
in Article 1 is allocated among the new Member States as
follows :                      -         .
               Denmark              10 metric tons
               Ircland              10 metric tons
               United Kingdom       10 metric tons .
 ---pagebreak---                                      - 11a -
                                    Artide 10
                  Within the limits of these tariff quotas , the new Member
States apply the duties mentioned in column 2 of the schedule below ,
in place of the duties to be applied to third countries with effect
from 1 January 1974 which are mentioned in column 3 :
CCT heading No                         Duty within                      Duties
                                         the quota            third countries
A.   Denmark
                                        3,1 %                   7
    55-09 A I
                                      • 6      %             11,2 %
                                        7,5 %                13 ' %
    55.09 A II et B I                   3,3 %                    7,4 %
                                        6      %             11,6 %
                                        7,5 %                 14         %
     55.09 B II                          3,5 %                   7,8 %
                                         6     %              12         %
                                         7,5 %                13,5 %
B. Ireland
     55.09 A I                         24       %             29,2
                                                              –     1 –  '
                             L 0,06 per sq.yd .       L 0,06 per sq.yd .         5,2 %
                                       3b       %             41,2 %
                             t 0,43 per sq.yd .       L 0,43 per sq.yd .         5,2 %
                             i 0,27 per sq.yd .       L 0,27 per sq.yd .         5,2 %
                             L 0,09 per sq.yd .       h 0,09 per sq.yd .         5,2 %
     55.09 A II et B I     '   .       24       %             29,6 %
                             L 0,06 per sq.yd .       L 0,06 per sq.yd .         5,6 %
                                       36 %                   41,6 %
                             i 0,43 per sq.yd .       i 0,43 per sq.yd .         5,6 %
                             i G , 27 per sq.yd .     i 0,27 per sq.yd .         5,6 %
                             & 0,09 per sq.yd .       L 0,09 per sq.yd .         5,6 %
     55.09 B II                        24       .%            30           %
                             t 0,06 per       sq.yd . L 0,06 per sq.yd         . 6%
                                                               1  _        y./
                                                                           Gf
                                        36       %             42          %
                                                      £> 0,43 per sq.yd .        6 5
                             t 0,43 per       sq.yd .
                             Si 0,27 per      sq.yd . L 0,27 per sq.yd .
                                                      L 0,09 per sq.yd .         6 %
                             li 0,09 per      sq.yd .
 C. TT.-.ited Kingdom
   ' 55.09 AI                           10,5 %                 15,7 %
      55.09 A II et B I                 10 , 5 . 55             16,1 ^
      55.09 B II                        10,5 %                  16,5 /-
 ---pagebreak---                               - 12 -
Provisions Applicatile to ali Member States
                          Article    11
 1.       Member States shall ensure that the quota shares
    allocated to them are freely accessible to importers of
    the products in question established in their territory .
 2.       Member States shall charge imports of the products
    in question against their quota shares as the products
    are presented for customs clearance under declarations
    of entry for consumption .
3.        The extent to which the Member States shares have
    been used up shall be ascertained from the imports
    charged under paragraph 2 .
                           -»
                          Article 12
      Member States shall regularly inform the Commission of
imports of the said products originating in the Republic of Lebanon
      . actually charged against their quota shares .
                          Article 13
      Member States and the Commission shall collaborate
closely in order to ensure that this Regulation is observed .
                                                      • • •/ 9 • •
 ---pagebreak---                        Article  14
     This Regulation shall enter into force on
1 January 197 ^- •
     This Regulation shall he binding in its entirety and
directly applicable in all Member States ,
                               Done at Brussels ,
                                       For the Council
                                        The President