CELEX: 31976R3039
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3039/76 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 the Arab Republic of Egypt (1977)

No L 350/40                           Official Journal of the European Communities                             20. 12. 76
                                      COUNCIL REGULATION (EEC) No 3039/76
                                                   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 the Arab Republic of Egypt (1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         however, because of the possibility of implementing
                                                                 other preferential arrangements as a result of a new
                                                                 Agreement between the European Economic Com­
Having regard to the Treaty establishing the Euro­               munity and Egypt, it is necessary to confine the
pean Economic Community, and in particular Article               period of validity of this tariff quota to such period
113 thereof,                                                     as is not covered by the new Agreement;
Having regard to the proposal from the Commission,               Whereas as regards the Community as originally
                                                                 constituted :
Whereas the Agreement between the European Eco­
nomic Community and the Arab Republic of Egypt                   — equal and uninterrupted access to the quota
0 ) and the Protocol laying down certain provisions                  should be ensured for all importers and quota
relating to the Agreement between the European                       duties applied continuously to all imports of the
Economic Community and the Arab Republic of                          said products until the quota has been used up,
Egypt consequent on the accession of new Member
States to the European Economic Community (2),                   — in the light of the above principles, the Com­
provide for the opening of an annual Community                       munity nature of the quota may best be preserved
tariff quota of 3 250 metric tons of other woven                     by an arrangement allocating it among these Mem­
fabrics of cotton falling within heading No 55.09 of                 ber States ; whereas in order to provide the most
the Common Customs Tariff, originating in the Arab                   accurate reflection of actual market trends for the
Republic of Egypt; whereas the Protocol provides                     said products, such allocation should be pro­
chat the tariff quota should be allocated among the                  portionate to the needs of these Member States,
Member States as follows : 2 500 metric tons for the                 calculated both from the statistics for each Mem­
Community as originally constituted, 90 metric tons                  ber State's imports from the Arab Republic of
for Denmark, 10 metric tons for Ireland and 650                      Egypt over a representative reference period and
metric tons for the United Kindom ; whereas Annex I                  from economic prospects for the quota period in
to the Agreement provides that the duties applicable                 question,
to the quota shall be equal to 45% of the duties of <
the Common Customs Tariff; whereas as regards the
                                                                 — over the last three years for which statistics are
duties applicable to the quota by the new Member
States, the special provisions of the Protocol and of                available, the following percentages represent the
the Act of Accession should be complied with; where­                 respective imports of the Member States con­
as to comply with the special provisions of the Proto­               cerned in relation to imports of the said products
col, separate arrangements should be made for the                    from the Arab Republic of Egypt into the Com­
Member States of the Community as originally con­                     munity as originally constituted :
stituted, on the one hand, and for the new Member
States, on the other;                                                                         1973       1974      1975
                                                                     Germany                  10-4        5-7       3-0
Whereas the Community tariff quota in question
should be opened for the year 1977, and whereas,                     Benelux                  31-9       35-0      18-6
                                                                     France                    M         13-8     57-2
                                                                     Italy                    56-6       45-5     21-2
 (») OJ No L 251 , 7. 9. 1973, p. 2.
 («) OJ No L 251 , 7. 9. 1973, p. 87.
 ---pagebreak--- 20. 12. 76                          Official Journal of the European Communities                         No L 350/41
— in view of these factors, of the forseeable develop­             since the Kingdom of Belgium, the Kingdom
   ment during 1977 of the market for the products                 of the Netherlands and the Grand Duchy of
   in question und in particular of the estimates                  Luxembourg are united in and represented by the
   submitted by certain Member States initial quota                Benelux Economic Union, any measure concern­
   shares may be fixed approximately as follows :                  ing the administration of the quota shares allo­
                                                                   cated to that economic union may be carried out
                                                                   by any of its members;
        Germany                              166
        Benelux                              24-3
                                                               Whereas, as regards the new Member States :
        France                               14-6
        Italy                               44*5,              — the quota duties shall be calculated by the new
                                                                   Member States in accordance with Articles 3 and
                                                                   4 of the Protocol,
   in order to take account of import trends for               — equal and uninterrupted access to the quota
   the products in question in the Member States                   should be ensured for all importers and quota
   concerned, the quota amount should be divided                   duties applied continuously to all imports of the
   into two instalments, the first instalment being                products in question until the quota has been
    allocated among the same Member States and the                 used up,
   second constituting a reserve intended to cover
   the later requirements of Member States which
   have used up their initial quota shares ; whereas
    in order to ensure a certain degree of security to
   importers in each Member State, the first instal­
                                                               HAS ADOPTED THIS REGULATION :
    ment of the quota should be fixed in this case
    at approximately 50% ,
                                                                                       Article 1
— the initial quota shares may be used up at differ­
   ent rates ; whereas, therefore, to avoid disruption        A Community tariff quota of 3 250 metric tons shall
   of supplies, any Member State whiah has almost              be opened from 1 January 1977 until the entry into
   used up its initial quota share, shall draw an ad­         force of a new Agreement, or until 31 December
   ditional quota share from the reserve ; whereas             1976 at the latest, for other woven products of cotton
    this shall be done by each Member State when­             falling within heading No 55.09 of the Common
    ever one of its additional quota shares has been          Customs Tariff, originating in the Arab Republic of
    almost used up, and as many times as the reserve           Egypt.
    allows ; whereas the initial and additional quota
    shares sihall be valid until the end of the quota
    period ; whereas this form of administration re­          This quota shall be allocated and administered in
    quires close collaboration between the Member              accordance with the provisions set out below.
    States 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,
                                                                                      SECTION I
                                                              Provisions applicable to the Community as originally
                                                                                      constituted
— if, at a given date in the quota period, a consider­
   able quantity of the initial quota share is left
    over in one of the Member States concerned, it                                     Article 2
   is essential that that State should return a signifi­
   cant proportion to the reserve to prevent a part of
   the quota allocated to the 'Community as orig­             The Common Customs Tariff duties shall be partially
   inally constituted from remaining unused in one            suspended at the rate indicated below for 2 500
    Member State when it could be used in others,             metric tons of the quota referred to in Article 1 :
 ---pagebreak--- No L 350/42                             Official Journal of the European Communities                               20. 12. 76
                    CCT
                  heading                                                                             Rate of duty
                                                            Description                                   (% )
                    No
                   55.09        Other woven abrfics of cotton :
                                 A. Containing 85% or more by weight of cotton :
                                     I. Of a width of less than 85 cm                                     5-8
                                    II . Other                                                            6-3
                                B. Other :
                                     I. Of a width of less than 85 cm                                     6-3
                                    II. Other                                                             6-7
                          Article 3                                   the same way to draw a fourth share equal to the
                                                                      third.
1. A first instalment, amounting to 1 235 metric tons                 This process shall be applied until the reserve is
of the amount mentioned in Article 2, shall be allo­                  exhausted .
cated among the Member States ; the shares, which
subject to Article 6 shall be valid until the date de­
fined in Article 1 , shall be :                                       4. Notwithstanding paragraphs 1 , 2 and 3 , the Mem­
                                                                      ber States may proceed to draw shares smaller than
                                                                      those fixed in those paragraphs if there is reason to
        Germany                    205 metric tons,                   believe that they might not be used up. They shall
        Benelux                    300 metric tons,                   inform the Commission of the reasons which led
        France                     180 metric tons,                   them to apply this paragraph.
        Italy                      550 metric tons,
                                                                                              Article S
2. The second instalment of 1 265 metric tons shall
constitute the reserve.
                                                                      Each of the additional shares drawn pursuant to
                                                                      Article 4 shall be valid until the date defined in
                          Article 4                                   Article 1 .
1 . If 90% or more of the initial share of a Member                                           Article 6
State laid down in Article 3 ( 1 ), or 90% of that share
less the amount returned into the reserve where the                   The Member States shall return to the reserve, not
provisions of Article 6 have been applied, has been                   later than 1 October 1977, the unused portion of
exhausted, that Member State shall proceed without                    their initial share which, on 15 September 1977, is in
delay, by notifying the Commission, to draw a second                  excess of 20% of the initial amount. They may re­
share, equal to 15% of its initial share, rounded                     turn a greater portion if there are grounds for be­
up to the next unit.                                                   lieving that such portion may not be used in full.
2. If, after its initial share has been exhausted, 90%                The Member States shall, not later than 1 October
or more of the second share drawn up by a Member                       1977, notify the Commission of the total imports of
State has been used, that Member State shall proceed,                 the said goods effected up to and including 15 Sep­
in accordance with the conditions laid down in para­                  tember 1977, and charged against the Community
graph 1 , to draw a third share, equal to 7-5% of its                  quota and, where appropriate, the proportion of their
initial share, rounded up to the next unit where                       initial share that is being returned to the reserve.
appropriate, to the extent that the reserve is suffi­
cient.
                                                                                               Article 7
3. If, after its second share has been exhausted, 90%
or more of the third share drawn by a Member State                    The Commission shall keep account of the shares
has been used, that Member State shall proceed, in                     opened by Member States in accordance with Articles
 ---pagebreak--- 20. 12. 76                         Official Journal of the European Communities                           No L 350/43
3 and 4 and shall inform each State of the extent to                 Denmark                     90 metric tons,
whidi the reserve has been used up as soon as it                     Ireland                     10 metric tons,
receives the notifications.
                                                                     United Kingdom             650 metric tons.
The Commission shall, not later than 5 October 1977,
notify the Member States of the amount in reserve                                    SECTION III
after the return of shares pursuant to Article 6.
                                                                                  General provisions
The Commission shall ensure that any drawing
which uses up the reserve is limited to the balance                                   Article 11
available and for this purpose shall specify the
amount thereof to the Member State which makes                1 . Member States shall ensure that the quota shares
the last drawing.                                            allocated to them are freely accessible to importers
                                                             of the products in question established in their terri­
                                                             tory.
                        Article 8
                                                             2. Member States shall charge imports of the
The Member States shall take all appropriate meas­            products in question against their quota shares as the
ures to ensure that when additional Shares are drawn
                                                             products are presented for customs clearance under
pursuant to Article 4 it is possible for charges to be       cover of a declaration that they have been made
made without interruption against their accumulated          available for consumption.
shares of the Community quota.
                                                             3 . 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 2.
                       SECTION II
                                                                                      Article 12
    Provisions applicable to the new Member States
                                                             On receipt of a request from the Commission,
                                                             Member States shall inform it of imports of the
                        Article 9                            said products originating in the Arab Republic of
                                                             Egypt actually charged against their quota shares.
Within the tariff quota referred to in Article 1 , the
new Member States shall apply duties calculated in                                    Article 13
accordance with the relevant provisions of the Act
of Accession, the Agreement and (he Protocol.                The    Member    States    and    the Commission    shall
                                                             cooperate closely in order to ensure that this Regu­
                                                             lation is observed .
                        Article 10
                                                                                       Article 14
750 metric tons of the quota referred to in Article 1
shall be allocated among the new Member States               This Regulation shall enter into force on 1 January
as follows :                                                  1977.
              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