31 . 12 . 86 Official Journal of the European Communities No L 374 / 31
COUNCIL REGULATION (EEC) No 4015 / 86
of 16 December 1986
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 and
originating in Spain ( 1987 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Act of Accession of Spain and
Portugal , and in particular Articles 30 and 31 thereof ,
to the statistics of imports from Spain over a representative
period and also to the economic outlook for the quota
period concerned ;
Whereas , during the last three years for which statistics are
available , the corresponding imports by each of the
Member States represent the following percentages of the
imports into the Community from Spain of the products
concerned :
Member State 1983 1984 1985
Benelux 0,7 7,2 8,7
Denmark 0,1 2,9 1,9
Germany 4,1 11,9 5,7
Greece 1,1 1,3 —
France 58,2 39,4 49,1
Ireland 27,8 13,9 2,2
Italy 4,2 10,8 15,7
United Kingdom 3,8 12,6 16,7
Having regard to the proposal from the Commission ,
Whereas , under Articles 30 and 31 of the Act of Accession ,
the customs duties applicable , on the import into the
Community of Ten , of other woven fabrics of cotton
falling within tariff heading 55.09 and originating in Spain
within the limits of a Community tariff quota of 2 013
tonnes shall be progressively abolished ; whereas these
duties will be reduced to 77,5 % of the basic duties on
1 January 1987 ; whereas by derogation from Article 30 of
the Act of Accession , Regulation (EEC ) No 443 / 86 (')
provides that the basic duties shall be those which were
actually applied on 1 January 1986 ; whereas , therefore , to
establish the duties applicable on the import of these
products , a Community tariff quota should be opened for
the period 1 January to 31 December 1987 for 2 013
tonnes of other woven fabrics of cotton , originating in
Spain , falling within heading 55.09 of the Common
Customs Tariff at the duties as shown in the list in
Article 1 ;
Whereas Article 1 of Protocol 3 annexed to the Act of
Accession provides for particular rules for the import into
Portugal of the products in question , originating in Spain ;
whereas , consequently , the Community tariff quota is
applicable only in the Community of Ten ;
Whereas , in view of these factors , and of market forecasts
for the products in question and in particular of the
estimates submitted by certain Member States , initial quota
shares may be fixed approximately at the following
percentages :
Benelux 4,5
Denmark 3,4
Germany 5,6
Greece 0,6
France 53,4
Ireland 21,2
Italy 8,5
United Kingdom 2,8
Whereas it is in particular necessary to ensure to all
Community importers equal and uninterrupted access to
the abovementioned quota and uninterrupted application
of the rate laid down for that quota to all imports of the
products concerned into all Member States until the quota
has been used up ; whereas , having regard to the principles
mentioned above , the Community nature of the quota can
be respected by allocating the Community tariff quota
among the Member States ; whereas , to reflect as accurately
as possible the true trend of the market of the products in
question , such allocation should be in proportion to the
requirements of the Member States calculated by reference
Whereas , in order to take into account import trends for
the products concerned in the various Member States , the
quota volume should be divided into two instalments , the
first being shared among the Member States and the second
constituting a reserve to cover at a later date the
requirements of those Member States having used up their
initial quota shares ; whereas in order to give importers in
each Member State a certain degree of security , the first
instalment of the Community quota should under present
circumstances be fixed at 88 % of the quota ;
OJ No L 50 , 28 . 2 . 1986 , p. 9 .
Whereas the Member States' initial shares may be used up
at different times ; whereas , in order to take this fact into
No L 374 / 32 Official Journal of the European Communities 31 . 12 . 86
part of any Community quota from remaining unused in
one Member State when it could be used in others ;
Whereas , since the Kingdom of Belgium , the Kingdom of
the Netherlands and the Grand Duchy of Luxembourg are
united within and jointly represented by the Benelux
Economic Union , any operation concerning the
administration of the quota shares allocated to that
economic union may be carried out by any of its
members ,
account and avoid any break in continuity , any Member
State which has almost used up its initial share should draw
an additional share from the reserve ; whereas this must be
done by each Member State as and when each of its
additional shares is almost used up , and repeated as many
times as the reserve allows ; whereas the initial and
additional shares must be valid until the end of the quota
period ; whereas this method of administration requires
close cooperation between the Member States and the
Commission , and the latter must be in a position to
monitor the extent to which the quota volume has been
used up and to inform the Member States thereof;
HAS ADOPTED THIS REGULATION :
Article 1
From 1 January to 31 December 1987 , on the imports into
the Community of Ten , the duties for the following
products originating in Spain shall be suspended at a level
and within the limits of a Community tariff quota as
follows :
Whereas if, at a given date in the quota period , a
substantial quantity of an initial share remains unused in a
Member State , it is essential that that Member State should
return a significant proportion to the reserve , to prevent a
Order No CCT heading
No
Rate of
dutyDescription
Quota
volume
( tonnes ) (% )
09.0315 55.09 2 013Other woven fabrics of cotton :
A. Containing 85 % or more by weight of cotton :
I. Of a width of less than 85 cm
II . Other
B. Other :
I. Of a width of less than 85 cm
II . Other
3,1
3,1
3,1
3,1
portion returned to the reserve where Article 5 is applied ,
has been used up , then , to the extent permitted by the
amount of the reserve , that Member State shall forthwith ,
by notifying the Commission , draw a second share equal to
15 % of its initial share , rounded up where necessary to the
next unit .
Article 2
1 . A first instalment amounting to 1 770 tonnes 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
1987 shall be as follows :
(tonnes)
2 . If, after its initial share has been used up , 90 % or
more of the second share drawn by a Member State has
been used up , that Member State shall , in accordance with
the conditions laid down in paragraph 1 , draw a third
share equal to 7,5 % of its initial share , rounded up where
necessary to the next unit .
Benelux
Denmark
Germany
Greece
France
Ireland
Italy
United Kingdom
80
60
100
10
945
375
150
50
2 . The second instalment of 243 tonnes shall constitute
the reserve . 3 . If, after its second share has been used up , 90 % or
more of the third share drawn by a Member State has been
used up , that Member State shall , in accordance with the
same conditions , draw a fourth share equal to the third .Article 3
1 . If 90 % or more of a Member State's initial share as
specified in Article 2 ( 1 ), or 90 % of that share minus the This process shall continue until the reserve is used up .
31 . 12 . 86 Official Journal of the European Communities No L 374 / 33
4 . By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares smaller than those fixed in
those paragraphs if there is reason to believe that these
might not be used up . It shall inform the Commission of its
reasons for applying this paragraph .
Article 4
Each of the additional shares drawn pursuant to Article 3
shall be valid until 31 December 1987 .
Article 5
The Member States shall return to the reserve , not later
than 1 October 1987 , such unused portion of their initial
share which , on 15 September 1987 , is in excess of 20 %
of the initial volume . They may return a larger quantity if
there are grounds for believing that it may not be used .
The Member States shall , not later than 1 October 1987 ,
notify the Commission of the total quantities of the
products in question up to 15 September 1987 and charged
against the tariff quota and of any quantities of the initial
shares returned to the reserve .
Article 6
The Commission shall keep an account of the shares
opened by Member States in accordance with Articles 2
and 3 and shall , as soon as it is notified , inform each
Member State of the extent to which the reserve has been
used up .
It shall inform the Member States , not later than 5 October
1987 , of the amount in the reserve after quantities have
been returned pursuant to Article 5 .
The Commission shall ensure that any drawing which
exhausts the reserve does not exceed the balance available
and , to this end , shall notify the amount of that balance to
the Member State which makes such last drawing.
Article 7
1 . The Member States shall take all measures necessary to
ensure that additional shares drawn pursuant to Article 3
are opened in such a way that imports may be charged
without interruption against their accumulated shares of
the Community quota .
2 . The Member States shall ensure that importers of the
products in question have free access to the shares allocated
to them .
3 . The Member States shall charge imports of the said
goods against their shares as and when the goods are
entered with the customs authorities for free circulation .
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 8
At the request of the Commission , Member States shall
inform it of imports of the products concerned actually
charged against their shares .
Article 9
The Member States and the Commission shall cooperate
closely in order to ensure compliance with this
Regulation .
Article 10
This Regulation shall enter into force on 1 January 1987 .
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels , 16 December 1986 .
For the Council
The President
G. HOWE
Full & Egal Universal Law Academy