31980R3181

+++++

( 1 ) OJ NO L 333 , 30 . 11 . 1978 , P . 5 .

( 2 ) IT IS AGREED THAT THIS SUBPARAGRAPH SHALL NOT PREVENT A LEAD SEAL APPROVED BY THE AUTHORITIES FROM CONSTITUTING PERFORMANCE OF THE TERMS OF THIS SUBPARAGRAPH .

COUNCIL REGULATION ( EEC ) NO 3181/80 OF 4 DECEMBER 1980 OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR CERTAIN HAND-WOVEN FABRICS , PILE AND CHENILLE , FALLING WITHIN HEADING NOS EX 50.09 , EX 55.07 , EX 55.09 AND EX 58.04 OF THE COMMON CUSTOMS TARIFF ( 1981 )$$

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS , AS REGARDS HAND-WOVEN FABRICS OF SILK , WASTE SILK OTHER THAN NOIL AND COTTON , FALLING WITHIN HEADING NOS EX 50.09 AND EX 55.09 , THE EUROPEAN ECONOMIC COMMUNITY HAS DECLARED ITS READINESS TO OPEN ANNUAL DUTY-FREE COMMUNITY TARIFF QUOTAS UP TO THE VALUE ( CUSTOMS VALUE ) OF 1 000 000 UNITS OF ACCOUNT FOR EACH ; WHEREAS , IN PURSUANCE MEANWHILE OF THE DECLARATION OF INTENT CONCERNING COMMERCIAL RELATIONS WITH CERTAIN ASIAN COUNTRIES , THE QUOTA AMOUNTS HAVE BEEN RAISED TO 2 200 000 UNITS OF ACCOUNT IN RESPECT OF SILK FABRICS AND TO 2 000 000 UNITS OF ACCOUNT IN RESPECT OF COTTON FABRICS , AND THE BENEFIT OF THE TARIFF QUOTAS IN QUESTION HAS BEEN EXTENDED TO CERTAIN OTHER TEXTILE PRODUCTS , FALLING WITHIN HEADING NOS EX 55.07 AND EX 58.04 OF THE COMMON CUSTOMS TARIFF , IN SILK OR COTTON ; WHEREAS PRODUCTS MAY BE ADMITTED UNDER THE COMMUNITY TARIFF QUOTA ONLY ON PRODUCTION OF A CERTIFICATE OF MANUFACTURE RECOGNIZED BY THE COMPETENT AUTHORITIES OF THE EUROPEAN ECONOMIC COMMUNITY , SUCH PRODUCTS BEING STAMPED IN A MANNER APPROVED BY SUCH AUTHORITIES AT THE BEGINNING AND END OF EACH ITEM AND CARRIED DIRECT FROM THE COUNTRY OF MANUFACTURE TO THE COMMUNITY ; WHEREAS THEREFORE ON 1 JANUARY 1981 THE TARIFF QUOTAS CONCERNED SHOULD BE OPENED IN ACCORDANCE WITH THE PROVISIONS OF COUNCIL REGULATION ( EEC ) NO 2779/78 OF 23 NOVEMBER 1978 ON THE PROCEDURE FOR APPLYING THE EUROPEAN UNIT OF ACCOUNT ( EUA ) TO LEGAL ACTS ADOPTED IN THE CUSTOMS SPHERE ( 1 ) , AND IN PARTICULAR ARTICLE 2 THEREOF ;

WHEREAS EQUAL AND CONTINUOUS ACCESS TO THE QUOTAS SHOULD BE ENSURED FOR ALL COMMUNITY IMPORTERS AND THE RATE OF LEVY FOR THE QUOTAS SHOULD BE APPLIED CONSISTENTLY TO ALL IMPORTS UNTIL THE QUOTAS ARE USED UP ; WHEREAS , IN THE LIGHT OF THE PRINCIPLES OUTLINED ABOVE , A COMMUNITY TARIFF QUOTA ARRANGEMENT BASED ON AN ALLOCATION BETWEEN THE MEMBER STATES WOULD SEEM TO PRESERVE THE COMMUNITY NATURE OF THE SAID QUOTAS ; WHEREAS , TO REPRESENT AS CLOSELY AS POSSIBLE THE ACTUAL DEVELOPMENT OF THE MARKET IN THE SAID GOODS , THE ALLOCATION SHOULD FOLLOW PROPORTIONATELY THE REQUIREMENTS CALCULATED BOTH ON THE BASIS OF STATISTICS OF IMPORTS FROM THIRD COUNTRIES DURING A REPRESENTATIVE REFERENCE PERIOD AND ON THE BASIS OF THE ECONOMIC PROSPECTS FOR THE TARIFF YEAR IN QUESTION ;

WHEREAS , HOWEVER , IN THE STATISTICAL NOMENCLATURES THERE IS NO SPECIFIC CLASSIFICATION FOR THE HAND-WOVEN FABRICS CONCERNED ; WHEREAS IN THESE CIRCUMSTANCES IT HAS BEEN IMPOSSIBLE TO COLLECT SUFFICIENTLY PRECISE AND REPRESENTATIVE STATISTICS ; WHEREAS THE QUANTITIES CHARGED AGAINST THE SHARES ALLOCATED TO THE MEMBER STATES FOR THE COMMUNITY TARIFF QUOTAS OPENED FOR CERTAIN OF THESE FABRICS FOR 1977 , 1978 AND 1979 WERE AS FOLLOWS :

1 . WOVEN FABRICS OF SILK OR OF WASTE SILK OTHER THAN NOIL ( HEADING NO EX 50.09 OF THE COMMON CUSTOMS TARIFF ) :

MEMBER STATES * 1977 * 1978 * 1979

* U . A . * % * U . A . * % * EUA * %

BENELUX * 34 250 * 2.29 * 46 567 * 2.16 * 54 000 * 2.48

DENMARK * 25 542 * 1.71 * 66 150 * 3.06 * 41 634 * 1.91

GERMANY * 1 092 235 * 73.12 * 1 537 429 * 71.19 * 1 551 291 * 71.11

FRANCE * 85 716 * 5.74 * 164 400 * 7.61 * 270 000 * 12.38

IRELAND * - * - * - * - * - * -

ITALY * 143 236 * 9.59 * 207 000 * 9.59 * 158 150 * 7.25

UNITED KINGDOM * 112 706 * 7.55 * 138 000 * 6.39 * 106 416 * 4.87

2 . WOVEN FABRICS OF COTTON ( HEADING NOS EX 55.07 , EX 55.09 AND EX 58.04 OF THE COMMON CUSTOMS TARIFF ) :

MEMBER STATES * 1977 * 1978 * 1979

* U . A . * % * U . A . * % * EUA * %

BENELUX * 58 050 * 2.91 * 53 986 * 2.62 * 54 000 * 2.71

DENMARK * 98 000 * 4.92 * 134 946 * 6.55 * 164 444 * 8.25

GERMANY * 210 070 * 10.54 * 213 300 * 10.36 * 450 000 * 22.58

FRANCE * 764 400 * 38.37 * 720 300 * 34.98 * 708 600 * 35.56

IRELAND * 12 152 * 0.61 * 44 351 * 2.15 * - * -

ITALY * 90 000 * 4.52 * 103 500 * 5.03 * 119 900 * 6.02

UNITED KINGDOM * 759 600 * 38.13 * 788 700 * 38.31 * 495 920 * 24.88

WHEREAS , IN VIEW OF THE VARIATIONS IN THESE FIGURES , THE LATTER CANNOT LEAD TO A FIRM CONCLUSION ON THE REAL REQUIREMENTS OF EACH MEMBER STATE REFERRED TO ABOVE FOR THE TARIFF PERIOD UNDER CONSIDERATION ; WHEREAS , SO THAT THE COMMUNITY TARIFF QUOTAS IN QUESTION MAY BE ALLOCATED FAIRLY AMONG THE MEMBER STATES , THESE FACTORS MAKE IT POSSIBLE TO EXPRESS THE INITIAL PERCENTAGE SHARES IN THE QUOTA VOLUME ROUGHLY AS FOLLOWS :

MEMBER STATES * SILK GOODS ( HEADING NO EX 50.09 ) * COTTON GOODS ( HEADING NOS EX 55.07 , EX 55.09 AND EX 58.04 )

BENELUX * 4.91 * 3.55

DENMARK * 4.91 * 6.45

GERMANY * 40.91 * 11.84

GREECE * 3.40 * 2.60

FRANCE * 24.55 * 38.68

IRELAND * 3.22 * 2.33

ITALY * 9.90 * 3.59

UNITED KINGDOM * 8.20 * 30.96

WHEREAS , TO TAKE ACCOUNT OF FUTURE IMPORT TRENDS FOR THE GOODS UNDER CONSIDERATION , EACH QUOTA VOLUME SHOULD BE DIVIDED INTO TWO SUCCESSIVE AMOUNTS , THE FIRST BEING ALLOCATED AMONG THE MEMBER STATES AND THE SECOND HELD AS A RESERVE TO COVER AT A LATER DATE THE REQUIREMENTS OF MEMBER STATES WHO HAVE USED UP THEIR INITIAL SHARES ; WHEREAS , TO GIVE IMPORTERS SOME DEGREE OF CERTAINTY , THE FIRST SUCCESSIVE AMOUNT OF EACH COMMUNITY TARIFF QUOTA SHOULD BE FIXED AT A RELATIVELY HIGH LEVEL , AT APPROXIMATELY 50 % FOR SILK GOODS AND AT APPROXIMATELY 76 % FOR COTTON GOODS ;

WHEREAS THE INITIAL SHARES MAY BE USED UP FAIRLY QUICKLY ; WHEREAS , THEREFORE , TO AVOID DISRUPTION OF SUPPLIES , ANY MEMBER STATE WHICH HAS ALMOST USED UP ONE OF ITS INITIAL SHARES SHOULD DRAW A SUPPLEMENTARY SHARE FROM THE CORRESPONDING 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 EACH INITIAL AND SUPPLEMENTARY SHARE 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 COMMISSION MUST BE IN A POSITION TO FOLLOW THE EXTENT TO WHICH THE TARIFF QUOTAS HAVE BEEN USED UP AND INFORM THE MEMBER STATES THEREOF ;

WHEREAS , IF AT A GIVEN DATE IN THE QUOTA PERIOD A MEMBER STATE HAS A CONSIDERABLE QUANTITY OF ONE OF ITS INITIAL SHARES LEFT OVER , IT IS ESSENTIAL THAT IT SHOULD RETURN A SIGNIFICANT PROPORTION THEREOF TO THE RESERVE TO PREVENT A PART OF ONE OR OTHER OF THE COMMUNITY QUOTAS FROM REMAINING UNUSED IN ONE MEMBER STATE WHILE 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 RELATING TO THE ADMINISTRATION OF THE QUOTA SHARES ALLOCATED TO THAT ECONOMIC UNION MAY BE CARRIED OUT BY ANY ONE OF ITS MEMBERS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . FROM 1 JANUARY TO 31 DECEMBER 1981 , FOR EACH OF THE TWO CATEGORIES OF THE FOLLOWING PRODUCTS , COMMUNITY TARIFF QUOTAS OF A VOLUME CORRESPONDING TO THE CUSTOMS VALUE INDICATED SHALL BE OPENED :

( EUA )

CCT HEADING NO * DESCRIPTION * QUOTA VOLUME

( A ) EX 50.09 * HAND-WOVEN FABRICS OF SILK , OF NOIL OR OTHER WASTE SILK * 2 200 000

( B ) EX 55.07 * HAND-WOVEN COTTON GAUZE * 2 000 000

EX 55.09 * OTHER HAND-WOVEN FABRICS OF COTTON * 2 000 000

EX 58.04 * HAND-WOVEN PILE FABRICS AND CHENILLE FABRICS ( OTHER THAN TERRY PRODUCTS OF COTTON FALLING WITHIN HEADING NO 55.08 AND FABRICS FALLING WITHIN HEADING NO 58.05 ) OF COTTON , WOVEN ON HAND LOOMS * 2 000 000

2 . WITHIN THESE TARIFF QUOTAS THE COMMON CUSTOMS TARIFF DUTIES SHALL BE TOTALLY SUSPENDED .

AS REGARDS THESE TARIFF QUOTAS , GREECE SHALL APPLY THE DUTIES CALCULATED IN ACCORDANCE WITH THE RELEVANT PROVISIONS LAID DOWN IN THE ACT OF ACCESSION OF 1979 .

3 . FOR THE PURPOSES OF THIS REGULATION :

( A ) " HAND-WOVEN FABRICS " MEANS FABRICS WOVEN ON LOOMS MOVED EXCLUSIVELY BY HAND OR FOOT ;

( B ) " CUSTOMS VALUE " MEANS THE VALUE AS DEFINED IN THE RELEVANT COMMUNITY RULES .

4 . ADMISSION UNDER THESE QUOTAS SHALL , HOWEVER , BE GRANTED ONLY FOR FABRICS , PILE AND CHENILLE :

( A ) ACCOMPANIED BY A CERTIFICATE OF MANUFACTURE RECOGNIZED BY THE COMPETENT AUTHORITIES OF THE EUROPEAN ECONOMIC COMMUNITY AND CONFORMING TO ONE OF THE EXAMPLES IN THE ANNEXES , ENDORSED BY A RECOGNIZED AUTHORITY IN THE COUNTRY OF MANUFACTURE ;

( B ) BEARING , AT THE BEGINNING AND END OF EACH ITEM , A STAMP APPROVED BY THE SAID AUTHORITIES ( 2 ) ;

( C ) CARRIED DIRECT FROM THE COUNTRY OF MANUFACTURE TO THE EUROPEAN ECONOMIC COMMUNITY .

5 . IN THIS RESPECT , THE FOLLOWING SHALL BE CONSIDERED TO HAVE BEEN CARRIED DIRECT :

( A ) GOODS WHICH , IN CARRIAGE , DO NOT CROSS THE TERRITORY OF A NON-MEMBER COUNTRY OF THE EUROPEAN COMMUNITIES . GOODS TEMPORARILY HELD IN POWER OF NON-MEMBER COUNTRIES SHALL NOT BE EXCLUDED FROM THE DEFINITION OF DIRECT CARRIAGE PROVIDED THAT THEY ARE NOT TRANSHIPPED THERE ;

( B ) GOODS WHICH , IN CARRIAGE , CROSS THE TERRITORY OF ONE OR MORE NON-MEMBER COUNTRIES OF THE EUROPEAN COMMUNITIES OR ARE TRANSHIPPED IN SUCH A COUNTRY , PROVIDED THAT THEY CROSS SUCH TERRITORY WHILE COVERED BY A SINGLE TRANSPORT DOCUMENT DRAWN UP IN THE COUNTRY OF MANUFACTURE .

ARTICLE 2

1 . A FIRST SUCCESSIVE AMOUNT OF A VALUE CORRESPONDING TO 1 100 000 EUROPEAN UNITS OF ACCOUNT FOR THE PRODUCTS FALLING WITHIN HEADING NO EX 50.09 , AND TO 1 520 000 EUROPEAN UNITS OF ACCOUNT FOR THE PRODUCTS FALLING WITHIN HEADING NOS EX 55.07 , EX 55.09 , AND EX 58.04 , SHALL BE ALLOCATED AMONG THE MEMBER STATES ; THE RESPECTIVE SHARES OF THE MEMBER STATES , WHICH SUBJECT TO ARTICLE 5 SHALL BE VALID FROM 1 JANUARY TO 31 DECEMBER 1981 , SHALL CORRESPOND TO THE FOLLOWING VALUES :

( A ) FOR THE PRODUCTS FALLING WITHIN HEADING NO EX 50.09 , REFERRED TO IN ARTICLE 1 ( 1 ) :

( EUA )

BENELUX 54 000

DENMARK 54 000

GERMANY 450 000

GREECE 37 400

FRANCE 270 000

IRELAND 35 400

ITALY 109 000

UNITED KINGDOM 90 200

( B ) FOR THE PRODUCTS FALLING WITHIN HEADING NOS EX 55.07 , EX 55.09 AND EX 58.04 , REFERRED TO IN ARTICLE 1 ( 1 ) :

( EUA )

BENELUX 54 000

DENMARK 98 000

GERMANY 180 000

GREECE 39 500

FRANCE 588 000

IRELAND 35 400

ITALY 54 500

UNITED KINGDOM 470 600

2 . THE SECOND SUCCESSIVE AMOUNT OF EACH OF THE QUOTAS REFERRED TO IN ARTICLE 1 ( 1 ) AND CORRESPONDING TO 1 100 000 AND 480 000 EUROPEAN UNITS OF ACCOUNT RESPECTIVELY SHALL CONSTITUTE THE RESERVE .

3 . THE PROVISIONS OF REGULATION ( EEC ) NO 2779/78 , AND IN PARTICULAR ARTICLE 2 THEREOF , SHALL APPLY FOR THE PURPOSES OF DETERMINING THE EQUIVALENT VALUE IN NATIONAL CURRENCIES OF AMOUNTS EXPRESSED IN EUA .

ARTICLE 3

1 . IF 90 % OR MORE OF ONE OF A MEMBER STATE'S INITIAL SHARES AS SPECIFIED IN ARTICLE 2 ( 1 ) , OR OF THAT SHARE MINUS THE PORTION RETURNED TO THE RESERVE WHERE ARTICLE 5 IS APPLIED , HAS BEEN USED UP , THAT MEMBER STATE SHALL WITHOUT DELAY , BY NOTIFYING THE COMMISSION , DRAW A SECOND SHARE EQUAL TO 15 % OF ITS INITIAL SHARE , ROUNDED UP WHERE NECESSARY TO THE NEXT UNIT , TO THE EXTENT PERMITTED BY THE AMOUNT OF THE RESERVE .

2 . IF , AFTER ONE OR OTHER OF ITS INITIAL SHARES 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 IMPOSED BY PARAGRAPH 1 , DRAW A THIRD SHARE , EQUAL TO 7.5 % OF ITS INITIAL SHARE , ROUNDED UP WHERE NECESSARY TO THE NEXT UNIT .

3 . IF , AFTER ONE OR OTHER OF ITS SECOND SHARES 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 .

THIS PROCESS SHALL CONTINUE TO APPLY UNTIL THE RESERVE IS USED UP .

4 . BY WAY OF DEROGATION FROM PARAGRAPHS 1 , 2 AND 3 , A MEMBER STATE MAY DRAW SHARES LOWER THAN THOSE FIXED IN THOSE PARAGRAPHS IF THERE ARE GROUNDS FOR BELIEVING THAT THOSE FIXED MAY NOT BE USED UP . IT SHALL INFORM THE COMMISSION OF ITS REASONS FOR APPLYING THIS PARAGRAPH .

ARTICLE 4

SUPPLEMENTARY SHARES DRAWN PURSUANT TO ARTICLE 3 SHALL BE VALID UNTIL 31 DECEMBER 1981 .

ARTICLE 5

MEMBER STATES SHALL RETURN TO THE RESERVE , NOT LATER THAN 1 OCTOBER 1981 , THE UNUSED PORTION OF THEIR INITIAL SHARE WHICH , ON 15 SEPTEMBER 1981 IS IN EXCESS OF 20 % OF THE INITIAL AMOUNT . THEY MAY RETURN A LARGER QUANTITY IF THERE ARE REASONS TO BELIEVE THAT SUCH QUANTITY MIGHT NOT BE USED .

EACH MEMBER STATE SHALL , NOT LATER THAN 1 OCTOBER 1981 , NOTIFY THE COMMISSION OF THE TOTAL QUANTITIES OF THE SAID GOODS IMPORTED UP TO AND INCLUDING 15 SEPTEMBER 1981 AND CHARGED AGAINST THE APPROPRIATE COMMUNITY TARIFF QUOTA , AND ANY QUANTITIES OF THE INITIAL SHARES RETURNED TO THE CORRESPONDING RESERVES .

ARTICLE 6

THE COMMISSION SHALL KEEP AN ACCOUNT OF THE SHARES OPENED BY THE MEMBER STATES PURSUANT TO ARTICLES 2 AND 3 AND SHALL , AS SOON AS IT HAS BEEN NOTIFIED , INFORM EACH STATE OF THE EXTENT TO WHICH THE RESERVES HAVE BEEN USED UP .

IT SHALL INFORM THE MEMBER STATES , NOT LATER THAN 5 OCTOBER 1981 , OF THE AMOUNTS STILL IN RESERVE AFTER AMOUNTS HAVE BEEN RETURNED THERETO PURSUANT TO ARTICLE 5 .

IT SHALL ENSURE THAT THE DRAWING WHICH USES UP A RESERVE IS LIMITED TO THE BALANCE AVAILABLE AND TO THIS END SHALL SPECIFY THE AMOUNT THEREOF TO THE MEMBER STATE MAKING THE LAST DRAWING .

ARTICLE 7

1 . THE MEMBER STATES SHALL TAKE ALL MEASURES NECESSARY TO ENSURE THAT SUPPLEMENTARY SHARES DRAWN PURSUANT TO ARTICLE 3 ARE OPENED IN SUCH A WAY THAT IMPORTS MAY BE CHARGED WITHOUT INTERRUPTION AGAINST THEIR ACCUMULATED SHARES IN THE COMMUNITY TARIFF QUOTAS .

2 . THE MEMBER STATES SHALL ENSURE THAT IMPORTERS OF THE SAID GOODS ESTABLISHED IN THEIR TERRITORY 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 SUCH GOODS ARE DECLARED FOR CUSTOMS PURPOSES TO BE FOR FREE CIRCULATION .

4 . THE EXTENT TO WHICH A MEMBER STATE HAS USED UP ITS SHARE SHALL BE DETERMINED ON THE BASIS OF 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 THAT THIS REGULATION IS OBSERVED .

ARTICLE 10

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1981 .

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

DONE AT BRUSSELS , 4 DECEMBER 1980 .

FOR THE COUNCIL

THE PRESIDENT

J . BARTHEL