CELEX: 31975R3154
Language: en
Date: 1975-11-24 00:00:00
Title: Regulation (EEC) No 3154/75 of the Council of 24 November 1975 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 (1976)

8 . 12 . 75                       Official Journal of the European Communities                            No L 317/55
                             REGULATION (EEC) No 3154/75 OF THE COUNCIL
                                               of 24 November 1975
             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 ( 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                     possible the actual trend of the market in the products
                                                              in question, the allocation should follow proportion­
                                                              ately the requirements of the Member States calcu­
                                                              lated from both statistics of imports from Spain
Having regard to the Treaty establishing the Euro­            during a representative period and the economic
pean Economic Community, and in particular Article            outlook for the tariff period in question ;
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 Econ­              Spain of the products concerned :
omic Community and Spain, signed at Luxembourg
on 29 June 1970, provides in Article 2 ( 1 ) together
                                                                                           1972      1973       1974
with Article 4 of Annex I for the opening by the
Community of an annual Community tariff quota of
1 800 metric tons of other woven fabrics of cotton,           Germany                       6-4       2-4        4-2
falling within heading No 55.09 of the Common
                                                              Benelux                       2-8       9-8       21-8
Customs Tariff, originating in Spain ; whereas, pur­
suant to Article 2 of the said Annex, the quota duty          France                       78-0      47-1       67-2
is equal to 40% of the Common Customs Tariff duty
in respect of the product concerned ; whereas the             Italy                        12-8      40-7        6-8
Community tariff quota contains quota duties of 5-2,
5-6, 5-6 and 6% for the products falling within sub­
headings 55.09 A I, A II, B I and B II ;
                                                              Whereas , in view of these factors , of the foreseeable
                                                              development of the market for the products in
Whereas the Community tariff quota in question                question and in particular of the estimates submitted
should be opened for the year 1976 ; whereas , how­           by certain Member States, initial quota shares may
ever, because of the possibility of implementing other        be fixed approximately at the following percentages :
preferential arrangements as a result of a new Agree­
ment between the European Economic Community                           Germany                                6
and Spain, it is necessary to limit the quota period
to the date on which the new Agreement enters into                     Benelux                                6
force ;                                                                France                               68
                                                                       Italy                                20
Whereas it is in particular necessary to ensure to all
Community importers equal and uninterrupted access
to the abovementioned quota and uninterrupted                 Whereas to take account of future import trends in
application of the rate laid down for that quota to all       the various Member States of the product under
imports of the product concerned into all Member              consideration, the total quota volume should be
States until the quota has been used up ; whereas ,           divided into two instalments, the first being shared
having regard to the principles mentioned above, the          among the Member States and the second held as
Community nature of the quota can be respected by             a reserve to cover at a later date the requirements of
allocating the Community tariff quota among the               those Member States having used up their initial
Member States ; whereas to represent as closely as            share ; whereas to give Member State importers some
 ---pagebreak---  No L 317/56                             Official Journal of the European Communities                                   8 . 12 . 75
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
Whereas the initial shares of Member States may be                     Benelux Economic Union, any measure concerning
used up more or less quickly ; whereas, therefore, to                  the administration of the quota shares allocated to
avoid disruption of supplies any Member State which                    that economic union may be carried out by any of
has almost used up its initial share, must draw a                     its members,
supplementary share from the reserve ; whereas this
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                 HAS ADOPTED THIS REGULATION:
and supplementary shares must be valid until the end
of the quota period ; whereas this form of
administration requires close collaboration between
the Member States and the Commission, and the                                                     Article 1
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;                                  From 1 January 1976 until the date of entry into
                                                                       force of a new Agreement between the European
Whereas if, at a given date in the quota period, a                     Economic Community and Spain, but not later than
considerable quantity of the initial share is left over                31 December 1976, the Common Customs Tariff
in a Member State, it is essential that each State                      duties in respect of the products originating in Spain
 should return a significant proportion to the reserve,                and listed below shall be partially suspended at the
 to prevent a part of the Community quota from                         levels indicated for each of them within the limits of
 remaining unused in one Member State while it could                    a global Community tariff quota of 1 800 metric
 be used in others ;                                                    tons :
                     CCT                                                                                  Rate of duty
                  heading No                                 Description                                       %
                    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                                                               6-0
                           Article 2                                                              Article 3
  1 . A first instalment, amounting to 1 350 metric                     1 . If 90% or more of the initial share of a Member
 tons of the Community tariff quota referred to in                      State, as laid down in Article 2 ( 1 ), or 90% of that
 Article 1 , shall be allocated among the Member                        share less the amount returned into the reserve,
 States ; the share, which subject to Article 5 shall be                where the provisions of Article 5' have been applied,
 valid until the end of the period specified in Article 1 ,             has been exhausted, that Member State shall proceed
  shall be as follows :                                                 without delay, by notifying the Commission, to draw
                                                                        a second share equal to 15% of its initial share,
          Benelux                     80 metric tons,                   rounded up to the next unit where appropriate, to
          France                    920 metric tons ,                   the extent that the amount in the reserve allows .
          Germany                     80 metric tons,
                                                                        2 . If, after its initial share has been exhausted, 90%
          Italy                     270 metric tons .                   or more of the second share drawn by a Member
                                                                        State has been used, that Member State shall proceed
 2 . The second instalment of 450 metric tons shall                     without delay, by notifying the Commission, to draw
  constitute the reserve .                                              a third share equal to 7-5% of its initial share,
 ---pagebreak---  8 . 12 . 75                         Official Journal of the European Communities                           No L 317/57
 rounded up to the next unit where appropriate, to              The Commission shall, not later than 5 October 1976,
 the extent that the amount in the reserve allows .             notify Member States of the amount in the reserve
                                                                after the return of shares pursuant to Article 5 .
 3 . If, after its second share has been exhausted, 90%
 or more of the third share drawn by a Memoer State             The Commission shall ensure that any drawing which
 has been used, that Member State shall in accordance           uses up the reserve is limited to the balance available
 with the same conditions, draw a fourth share equal            and for this purpose shall specify the amount thereof
 to the third.                                                  to the Member State which makes the last drawing.
 This process shall be applied until the reserve is
 exhausted.
                                                                                        Article 7
4. Notwithstanding the provisions of paragraphs 1 ,
 2 and 3, a Member State may proceed to draw shares             1 . The Member States shall take all appropriate
 smaller than those fixed in those paragraphs, if there         measures to ensure that, when additional shares are
 is reason to believe that those shares might not be            drawn pursuant to Article 3 , it is possible for charges
 used up. They shall inform the Commission of the               to be made without interruption against their
 reasons which led them to apply this paragraph.                accumulated shares of the Community quota.
                                                                2. The Member States shall ensure that importers of
                           Article 4                            the said goods established in their territory have free
                                                                access to the shares allocated to them .
 Each of the additional shares drawn pursuant to
 Article 3 shall be valid until the end of the period           3 . The Member States shall charge imports of the
 stipulated in Article 1 .                                      said goods against their shares as Aid when the goods
                                                                are entered for home use .
                           Article 5
                                                                4. The extent to which a Member State has used up
                                                                its share shall be determined on the basis of the
The Member States shall return to the reserve, not              imports charged in accordance with paragraph 3 .
later than 1 October 1976, the unused portion of
their initial share which, on 15 September 1976, is in
excess of 20% of their initial amount. They may                                         Article 8
return a greater portion if there are grounds for
believing that such portion may not be used in full.
                                                                On receipt of a request from the Commission, Mem­
The Member States shall, not later than 1 October               ber States shall inform it of imports actually charged
 1976, notify the Commission of the total imports               against their shares.
of the products concerned effected up to and
including 15 September 1976, and charged against
the Community quota and, where appropriate, the                                         Article 9
proportion of their initial share that is being returned
to the reserve.
                                                               The     Member    States   and   the  Commission    shall
                                                                cooperate closely in order to ensure that this
                           Article 6                           Regulation is observed .
The Commission shall keep account of the shares
opened by Member States in accordance with Articles                                    Article 10
2 and 3 and shall inform each of them of the extent
to which the reserve has been used as soon as it               This     Regulation    shall    enter  into   force   on
receives the notifications .                                   1 January 1976.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 24 November 1975 .
                                                                                        For the Council
                                                                                          The President
                                                                                          B. VISENTINI