31978R1251

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( 1 ) OJ NO L 159 , 15 . 6 . 1974 , P . 1 .

COMMISSION REGULATION ( EEC ) NO 1251/78

OF 12 JUNE 1978

MAKING THE IMPORT OF CERTAIN TEXTILE PRODUCTS FROM CERTAIN THIRD COUNTRIES SUBJECT TO COMMUNITY SURVEILLANCE

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1439/74 OF 4 JUNE 1974 ON COMMON RULES FOR IMPORTS ( 1 ), AND IN PARTICULAR ARTICLE 7 THEREOF ,

HAVING CONSULTED THE ADVISORY COMMITTEE SET UP UNDER ARTICLE 5 OF THE SAID REGULATION ,

WHEREAS AGREEMENTS ON TRADE IN TEXTILE PRODUCTS DURING THE PERIOD 1 JANUARY 1978 TO 31 DECEMBER 1982 HAVE BEEN NEGOTIATED BETWEEN THE COMMUNITY AND CERTAIN THIRD COUNTRIES SIGNATORIES TO THE ARRANGEMENT REGARDING INTERNATIONAL TRADE IN TEXTILES , WHEREBY SUCH TRADE HAS BEEN REGULATED ON TERMS INTENDED TO PREVENT MARKET DISRUPTION AND DAMAGE TO COMMUNITY PRODUCERS AND PERMITTING INTER ALIA THE COMMUNITY TO MAKE IMPORTS OF TEXTILE PRODUCTS SUBJECT TO AUTHORIZATION BEFORE BEING PUT INTO FREE CIRCULATION ;

WHEREAS THE COMMUNITY HAS TAKEN STEPS TO AVOID MARKET DISRUPTION BY IMPORTS OF CERTAIN TEXTILE PRODUCTS ORIGINATING IN THE MEDITERRANEAN COUNTRIES PARTY TO AGREEMENTS ESTABLISHING PREFERENTIAL ARRANGEMENTS WITH THE COMMUNITY , NAMELY , EGYPT , GREECE , PORTUGAL , SPAIN AND TURKEY ; WHEREAS ADMINISTRATIVE PROCEDURES SHOULD BE OPERATED IN ORDER TO PROVIDE RAPID INFORMATION ON THE TREND IN TRADE FLOW OF SUCH PRODUCTS ;

WHEREAS , IN ORDER TO OBTAIN THIS INFORMATION , IT IS NECESSARY TO ESTABLISH COMMUNITY SURVEILLANCE OVER SUCH IMPORTS BY MEANS OF IMPORT DOCUMENTS ISSUED TO IMPORTERS BY THE MEMBER STATES ;

WHEREAS THE PERIOD OF VALIDITY OF SUCH IMPORT DOCUMENTS SHOULD BE THREE MONTHS ;

WHEREAS , IF A SATISFACTORY LEVEL OF ADMINISTRATIVE COOPERATION HAS BEEN ESTABLISHED BETWEEN THE COMMUNITY AND AN EXPORTING COUNTRY , THE COMMISSION MAY ESTABLISH ALTERNATIVE PROCEDURES WHICH PROVIDE THE INFORMATION REFERRED TO ABOVE ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

FROM 1 JULY 1978 , ENTRY INTO FREE CIRCULATION IN THE COMMUNITY OF THE PRODUCTS SET OUT IN THE ANNEX AND ORIGINATING IN THE COUNTRIES INDICATED THEREIN IS HEREBY MADE SUBJECT TO COMMUNITY SURVEILLANCE IN ACCORDANCE WITH THE PROCEDURES LAID DOWN IN ARTICLES 7 , 8 AND 11 OF REGULATION ( EEC ) NO 1439/74 .

ARTICLE 2

THE PRODUCTS TO WHICH ARTICLE 1 APPLIES MAY BE PUT INTO FREE CIRCULATION IN A MEMBER STATE ONLY ON PRODUCTION OF AN IMPORT DOCUMENT . THIS DOCUMENT SHALL BE ISSUED OR ENDORSED BY A COMPETENT AUTHORITY OF THE MEMBER STATE OF IMPORTATION FREE OF CHARGE , FOR THE QUANTITIES REQUESTED AND WITHIN A MAXIMUM OF FIVE WORKING DAYS FOLLOWING THE SUBMISSION OF A DECLARATION OR APPLICATION BY A COMMUNITY IMPORTER AND SHALL BE VALID FOR THREE MONTHS FROM THE DATE OF ISSUE .

ARTICLE 3

THE DECLARATION OR APPLICATION BY THE IMPORTER TO THE COMPETENT AUTHORITY OF THE MEMBER STATE FOR ISSUE OF AN IMPORT DOCUMENT SHALL STATE :

- NAME AND ADDRESS OF IMPORTER AND EXPORTER ;

- RELEVANT PRODUCT CATEGORY NO SPECIFIED IN COLUMN 1 OF THE ANNEX ;

- RELEVANT TARIFF HEADING OR SUBHEADING SPECIFIED IN COLUMN 2 OF THE ANNEX ;

- COUNTRY OF ORIGIN ;

- QUANTITY OF PRODUCTS IN THE UNIT SPECIFIED IN COLUMN 5 OF THE ANNEX FOR THE CATEGORY CONCERNED ;

- AN INDICATION , IF KNOWN , OF THE DATE PROPOSED FOR IMPORTATION ;

- WHETHER THE GOODS ARE TO BE REIMPORTED INTO THE COMMUNITY AFTER OUTWARD PROCESSING ,

AND SHALL BE ACCOMPANIED BY A CERTIFIED COPY OF THE BILL OF LADING , LETTER OF CREDIT , CONTRACT OR ANY OTHER COMMERCIAL DOCUMENT INDICATING A FIRM INTENTION TO CARRY OUT THE IMPORTATION .

ARTICLE 4

PURSUANT TO ARTICLE 11 OF REGULATION ( EEC ) NO 1439/74 :

( A ) MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION WITHIN 10 DAYS AFTER THE END OF EACH MONTH THE QUANTITIES OF PRODUCTS IN RESPECT OF WHICH IMPORT DOCUMENTS WERE ISSUED OR ENDORSED DURING SUCH MONTH , BROKEN DOWN BY COUNTRY OF ORIGIN AND CATEGORY AND IN THE UNITS SPECIFIED IN THE ANNEX . PRODUCTS TO BE REIMPORTED INTO THE COMMUNITY AFTER OUTWARD PROCESSING SHALL BE INDICATED SEPARATELY .

( B ) MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION WITHIN 30 DAYS AFTER THE END OF EACH MONTH THE QUANTITIES OF THE PRODUCTS TO WHICH ARTICLE 1 APPLIES IMPORTED DURING SUCH MONTH , BROKEN DOWN BY COUNTRY OF ORIGIN , AND NIMEXE CODE AND IN THE UNITS SPECIFIED IN THE ANNEX . SUCH COMMUNICATION SHALL INDICATE SEPARATELY THE QUANTITIES PUT INTO FREE CIRCULATION , THE QUANTITIES IMPORTED FOR INWARD PROCESSING AND THE QUANTITIES REIMPORTED INTO THE COMMUNITY AFTER OUTWARD PROCESSING .

ARTICLE 5

THIS REGULATION SHALLL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES AND SHALL APPLY UNTIL 31 DECEMBER 1978 .

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

DONE AT BRUSSELS , 12 JUNE 1978 .

FOR THE COMMISSION

ETIENNE DAVIGNON

MEMBER OF THE COMMISSION