CELEX: 31976R3030
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3030/76 of 9 December 1976 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, originating in Spain (1977)

20. 12. 76                         Official Journal of the European Communities                            No L 350/ 1
                                                            I
                                        (Acts whose publication is obligatory)
                                    COUNCIL REGULATION (EEC) No 3030/76
                                                 of 9 December 1976
               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, originating in Spain ( 1977)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       the market in the products in question, the allocation
                                                                should follow proportionately the requirements of
                                                                the Member States calculated from both statistics of
                                                                imports from Spain during a representative period
 Having regard to the Treaty establishing the                   and the economic outlook for (the tariff period in
 European Economic Community, and in particular                 question ;
 Article 113 thereof,
                                                                Whereas, during the last three years for which
 Having regard to the proposal from the Commission,             statistics are available, the corresponding imports by
                                                                each of the Member States represent the following
                                                                percentages of the imports into the Community from
"Whereas the Agreement between the European                     Spain of the products concerned :
Economic Community and Spain, signed at
Luxembourg on 29 June 1970, provides in Article 2
 ( 1 ) together with Article 4 of Annex I for the
opening by the Community of an annual Community                                               1973     1974      1975
tariff quota of 1 800 metric tons of other woven
fabrics of cotton falling within heading No 55.09 of                                                    4-2       7-0,
                                                                Germany                        2-4
the Common Customs Tariff, originating in Spain ;
whereas, pursuant to Article 2 of the said Annex,              Benelux                         9· 8    21-8      13-3
the quota duty is equal to 40% of the Common                   France                        47-1      67-2      74-2
Customs Tariff duty in respect of the product
concerned ; whereas the Community tariff quota                 Italy                         40-7       6-8     ' 5-5
contains quota duties of 5-2, 5-6, 5-6 and 6% for the
products falling within subheadings 55.09 A I, A II,
B I and B II ; whereas the Community tariff quota
in question should be opened for the year 1977 ;               "Whereas, in view of these factors, of the foreseeable
                                                               development of the market for the products in
                                                               question and in particular of the estimates submitted
Whereas it is in particular necessary to ensure to             by certain Member States, initial quota shares may
all Community importers equal and uninterrupted               be fixed approximately at the following percentages :
access to the abovementioned quota and uninter­
rupted application of the rate laid down for that
quota to all imports of the product concerned into
all Member States until the quota has been used                          Germany                              6
up ; whereas, having regard to the principles                            Benelux                              6
mentioned above, the Community nature of the
quota can be respected by allocating the Community                       France                              68
tariff quota among the Member States ; whereas to
represent as closely as possible the actual trend of                     Italy                               20
 ---pagebreak--- No L 350/2                           Official Journal of the European Communities                                    20. 12. 76
Whereas, to take account of future import trends in                   Whereas if, at a given date in the quota period,
the various Member States of the product under                        a considerable quantity of the initial share is left
consideration, the total quota volume should be                       over in a Member State, it is essential that each
divided into two instalments, the first being shared                  State should return a significant proportion to the
among the Member States and the second held as                        reserve to prevent a part of the Community quota
a reserve to cover at a later date the requirements                   from remaining unused in one Member State while
of those Member States having used up their initial                   it could be used in others ;
share ; whereas to give Member State importers some
certainty, the first of the Community quota might be                  Whereas, since the Kingdom of Belgium, the King­
fixed at 75% of the quota volume ;                                    dom of the Netherlands and the Grand Duchy of
                                                                      Luxembourg are united in and represented by the
                                                                      Benelux Economic Union, any measure concerning
Whereas the initial shares of Member States may be                    the administration of the quota shares allocated to
used up more or less quickly; whereas, therefore, to                  that economic union may be carried out by any of
avoid disruption of supplies any Member State which                   its members,
has almost used up its initial share, must draw a
supplementary share from the reserve ; whereas this
                                                                      HAS ADOPTED THIS REGULATION:
must be done by each Member State as each one of
its supplementary shares is almost used up, and as
many times as the reserve allows ; whereas the initial                                          Article 1
 and supplementary shares must be valid until the
 end of the quota period; whereas this form of                        From 1 January until 31 December 1977, the
 administration requires close collaboration between                  Common Customs Tariff duties in respect of the
 the Member States and the Commission, and the                        products originating in Spain and listed below shall
 Commission must be in a position to follow the                       be partially suspended at the levels indicated for each
extent to which the quota volume has been used                        of them within the limits of a global Community
 up and inform the Member States thereof;                              tariff quota of 1 800 metric tons :
                    CCT
                                                                                                        Rate of duty
                  heading                                   Description
                     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                                       5-2
                                    II. Other                                                               5-6
                                 B. Other :
                                     I. Of a width of less than 85 cm                                       5-6
                                    II. Other                                                               6
                          Article 2                                    2. The second instalment of 450 metric tons shall
                                                                       constitute the reserve .
 1 . A first instalment, amounting to 1 350 metric
 tons of the Community tariff quota referred to in
 Article 1 , shall be allocated among the Member
 States ; the respective shares, which subject to
 Article 5 shall be valid until 31 December 1977,                                               Article 3
 shall be as follows :
         Germany                    80 metric tons,                     1 . If 90% or more of the initial share of a Member
                                                                       State laid down in Article 2 ( 1 ), or 90% of that share
         Benelux                    80 metric tons,                    less the amount returned into the reserve where the
         France                   920 metric tons,                     provisions of Article 5 have been applied, has been
                                                                       exhausted, that Member State shall proceed without
         Italy                    270 metric tons .                     delay, by notifying the Commission, to draw a
 ---pagebreak--- 20 . 12. 76                          Official Journal of the European Communities                             No L 350/3
second share, equal to 15% of its initial share,                Articles 2 and 3 and shall inform each of them of the
rounded up to the next unit.                                    extent to which the reserve has been used as soon
                                                                as it receives the notifications .
2. If, after its initial share has been exhausted, 90%
or more of the second share drawn up by a Member                The Commission shall, not later than 5 October 1977,
State has been used, that Member State shall proceed,           notify Member States of the amount in the reserve
in accordance with the conditions        laid down      in      after the return of shares pursuant to Article 5 .
paragraph 1 , to draw a third share, equal to 7-5% of
its initial share, rounded up to the next unit where
appropriate, to the extent that the reserve is sufficient.      The Commission shall ensure that any drawing which
                                                                uses up the reserve is limited to the balance
                                                                available and, for this purpose, shall specify the
3 . If, after its second share has been exhausted, 90%          amount thereof to the Member State which makes
or more of the third share drawn by a Member State              the last drawing.
has been used, that Member State shall proceed in
the same way to draw a fourth share equal to the
third.
                                                                                         Article 7
This process shall be applied until the reserve is
exhausted.                                                      1 . The Member States shall take all appropriate
                                                                measures to ensure that, when additional shares are
4. Notwithstanding paragraphs 1 , 2 and 3 , the                 drawn pursuant to Article 3 , it is possible for charges
Member States may proceed to draw shares smaller                to be made without interruption against their
than those fixed in those paragraphs if there is reason         accumulated shares of the Community quota.
to believe that they might not be used up. They shall
inform the Commission of the reasons which led                  2. The Member States shall ensure that importers
them to apply this paragraph.                                   of the said goods established in their territory have
                                                                free access to the shares allocated to them .
                         Article 4                              3 . The Member States shall charge imports of the
                                                                said goods against their shares as and when the goods
                                                                are entered for home use .
Each of the additional shares drawn pursuant to
Article 3 shall be valid until 31 December 1977.
                                                                4. The extent to which a Member State has used
                                                                up its share shall be determined on the basis of the
                                                                imports charged in accordance with paragraph 3 .
                         Article 5
The Member States shall return to the reserve, not                                       Article 8
later than 1 October 1977, the unused portion of
their initial share which, on 15 September 1977, is in
excess of 20% of the initial amount. They may return           On receipt of a request from the Commission,
a greater portion if there are grounds for believing           Member States shall inform it of imports actually
that such portion may not be used in full.                      charged against their shares .
The Member States shall, not later than 1 October
1977, notify to the Commission of the total imports                                      Article 9
of the said goods effected up to and including
15 September 1977, and charged against the Com­
munity quota and, where appropriate, the proportion            The Member         States   and     the Commission   shall
of their initial share that is being returned to the           cooperate closely in order to ensure that this
reserve .                                                      Regulation is observed.
                         Article 6                                                      Article 10
The Commission shall keep account of the shares                This Regulation         shall    enter   into  force   on
opened by Member States in accordance with                      1 January 1977.
 ---pagebreak--- No L 350/4                      Official Journal of the European Communities                      20. 12. 76
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 9 December 1976.
                                                                           For the Council
                                                                            The President
                                                                          P. J. J. MERTENS