31977R2412

****

( 1 ) OJ NO L 124 , 8 . 6 . 1970 , P . 1 .

( 2 ) OJ NO L 158 , 29 . 6 . 1977 , P . 14 .

COMMISSION REGULATION ( EEC ) NO 2412/77

OF 31 OCTOBER 1977

ON THE ADMINISTRATION OF THE QUANTITATIVE LIMITS ON IMPORTS OF CERTAIN JUTE PRODUCTS ORIGINATING IN THE PEOPLE ' S REPUBLIC OF BANGLADESH

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1023/70 OF 25 MAY 1970 ESTABLISHING A COMMON PROCEDURE FOR ADMINISTERING QUANTITATIVE QUOTAS ( 1 ), AND IN PARTICULAR ARTICLES 2 AND 8 THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1393/77 OF 27 JUNE 1977 CONCERNING IMPORT ARRANGEMENTS FOR CERTAIN JUTE PRODUCTS ORIGINATING IN THE PEOPLE ' S REPUBLIC OF BANGLADESH ( 2 ),

WHEREAS ARTICLE 1 OF REGULATION ( EEC ) NO 1393/77 FIXES THE COMMUNITY QUANTITATIVE LIMITS ON IMPORTS AND PROVIDES FOR THEIR ALLOCATION AMONG THE MEMBER STATES ON THE BASIS OF ESTABLISHED CRITERIA ;

WHEREAS THE QUANTITATIVE LIMITS MUST BE ADMINISTERED IN SUCH A WAY THAT IT IS POSSIBLE , SUBJECT TO THE TERMS LAID DOWN IN THE ARRANGEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PEOPLE ' S REPUBLIC OF BANGLADESH ON TRADE AND COMMERCIAL COOPERATION IN JUTE PRODUCTS , TO UTILIZE UNUSED PORTIONS OF THE CEILINGS LAID DOWN IN THAT AGREEMENT BY TRANSFERRING THOSE PORTIONS TO OTHER CEILINGS , CARRYING THEM OVER FROM ONE YEAR TO THE NEXT OR CARRYING THEM FORWARD ;

WHEREAS THE SYSTEM OF BILATERAL CONTROL LAID DOWN IN THE SAID AGREEMENT BETWEEN THE COMMUNITY AND BANGLADESH CAN BE CARRIED OUT ONLY BY THE AUTHORITIES OF THE MEMBER STATE INDICATED AS BEING THE DESTINATION BY THE BANGLADESH AUTHORITIES AND AGAINST WHOSE QUOTA SHARE OF THE COMMUNITY CEILING THE QUANTITY EXPORTED HAS BEEN DEBITED BY THE SAID AUTHORITIES ;

WHEREAS , IN ACCORDANCE WITH REGULATION ( EEC ) NO 1393/77 , PRODUCTS WHICH ENTER THE COMMUNITY ' S CUSTOMS TERRITORY UNDER INWARD PROCESSING OR TEMPORARY ADMISSION ARRANGEMENTS AND ARE RE-EXPORTED OUTSIDE THIS TERRITORY IN THEIR ORIGINAL CONDITION OR AFTER PROCESSING SHOULD NOT BE DEBITED AGAINST THE COMMUNITY QUANTITATIVE LIMITS ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE QUOTA ADMINISTRATION COMMITTEE SET UP BY REGULATION ( EEC ) NO 1023/70 ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE QUANTITATIVE LIMITS ON IMPORTS SET OUT IN ARTICLE 1 OF COUNCIL REGULATION ( EEC ) NO 1393/77 OF 27 JUNE 1977 SHALL BE ALLOCATED AMONGST THE MEMBER STATES AS SET OUT IN ANNEX A HERETO .

ARTICLE 2

1 . THE COMPETENT AUTHORITIES OF THE MEMBER STATES CONCERNED SHALL AUTHORIZE IMPORTS OF THE PRODUCTS REFERRED TO IN ARTICLE 1 OF REGULATION ( EEC ) NO 1393/77 UP TO THE AMOUNT OF THE QUOTA SHARES AS FIXED IN ACCORDANCE WITH ARTICLE 1 ABOVE .

2 . WHEN THE COMMISSION CONSIDERS THAT , IN ACCORDANCE WITH THE AGREEMENT , ACTION SHOULD BE TAKEN AS A RESULT OF NOTIFICATION GIVEN BY THE BANGLADESH AUTHORITIES THAT THEY INTEND :

- TO TRANSFER , IN A GIVEN YEAR UNDER THE AGREEMENT , UNUSED QUANTITIES OF A QUANTITIATIVE LIMIT IN ONE CATEGORY TO THE QUANTITATIVE LIMIT FOR ANOTHER CATEGORY ,

- TO CARRY OVER UNUSED QUANTITIES OF A QUANTITATIVE LIMIT FIXED IN THE AGREEMENT TO THE CORRESPONDING LIMIT FIXED FOR THE FOLLOWING YEAR , OR TO USE IN ANTICIPATION PART OF A QUANTITATIVE LIMIT FIXED FOR THE FOLLOWING YEAR ,

IT SHALL SO INFORM THE MEMBER STATES , WHICH SHALL AUTHORIZE IMPORTS IN EXCESS OF THE LIMITS FIXED IN PARAGRAPH 1 UP TO THE AMOUNT OF THE QUANTITIES INDICATED BY THE COMMISSION .

ARTICLE 3

THE AUTHORITIES OF THE MEMBER STATE WHOSE TERRITORY IS DESIGNATED AS THE PLACE OF DESTINATION ON THE EXPORT LICENCE SHALL AUTHORIZE IMPORTS OF THE PRODUCTS REFERRED TO IN ARTICLE 2 AUTOMATICALLY AND WITHOUT DELAY UP TO THE AMOUNT OF THE LIMITS LAID DOWN IN ARTICLE 2 , ON PRESENTATION BY THE IMPORTER OF A VALID EXPORT AUTHORIZATION ISSUED BY THE BANGLADESH AUTHORITIES .

TO BE VALID THE EXPORT AUTHORIZATION ISSUED BY THE BANGLADESH AUTHORITIES MUST CONTAIN THE INFORMATION SPECIFIED IN ANNEX B .

ARTICLE 4

1 . AUTHORIZATION SHALL BE REQUIRED FOR THE CLEARANCE FOR CONSUMPTION OF PRODUCTS IMPORTED UNDER INWARD PROCESSING OR UNDER SOME OTHER TEMPORARY ADMISSION ARRANGEMENTS . AFTER CONSULTATION WITH THE COMMISSION , MEMBER STATES SHALL DEBIT THE QUANTITIES IN QUESTION AGAINST THE QUOTA SHARES FOR THE CURRENT YEAR OR THE FOLLOWING YEAR .

2 . WHERE MEMBER STATES ASCERTAIN THAT IMPORTS OF PRODUCTS REFERRED TO IN THIS REGULATION HAVE BEEN DEBITED AGAINST THE QUOTA SHARES ESTABLISHED IN ARTICLE 1 BUT THAT THESE PRODUCTS HAVE SUBSEQUENTLY BEEN RE-EXPORTED OUTSIDE THE COMMUNITY , EITHER IN THEIR ORIGINAL STATE OR AFTER PROCESSING , THEY SHALL INFORM THE COMMISSION OF THE QUANTITIES INVOLVED AND AUTHORIZE IMPORTS OF THE SAME QUANTITIES , WHICH SHALL NOT BE SO DEBITED .

ARTICLE 5

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 31 OCTOBER 1977 .

FOR THE COMMISSION

WILHELM HAFERKAMP

VICE-PRESIDENT

****

ANNEX B

DETAILS REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE 3

THE EXPORT AUTHORIZATIONS ISSUED BY THE BANGLADESH AUTHORITIES IN RESPECT OF THE PRODUCTS COVERED BY THIS REGULATION SHALL CONTAIN THE FOLLOWING PARTICULARS :

( A ) THE DESTINATION ( RELEVANT MEMBER STATE );

( B ) THE SERIAL NUMBER ;

( C ) THE NAME AND ADDRESS OF THE IMPORTER ;

( D ) THE NAME AND ADDRESS OF THE EXPORTER ;

( E ) THE NET WEIGHT ( IN KILOGRAMS OR TONNES ) AND THE VALUE ;

( F ) THE CATEGORY AND THE CLASSIFICATION OF THE PRODUCTS ;

( G ) CERTIFICATION BY THE BANGLADESH AUTHORITIES STATING THAT THE QUANTITY HAS BEEN DEBITED AGAINST THE AGREED QUANTITATIVE LIMITS FOR EXPORTS TO THE COMMUNITY ( RELEVANT MEMBER STATE ) OR THAT , WHERE APPROPRIATE , IT IS FOR IMMEDIATE RE-EXPORT OR FOR INWARD PROCESSING AND SUBSEQUENT RE-EXPORT OUTSIDE THE COMMUNITY ;

( H ) THE YEAR DURING WHICH THE PRODUCTS WERE EXPORTED , I.E . WERE PLACED ON BOARD IN BANGLADESH FOR EXPORT TO THE COMMUNITY .