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

( 2 ) OJ NO L 17 , 21 . 1 . 1978 , P . 5 .

COUNCIL REGULATION ( EEC ) NO 1617/79

OF 24 JULY 1979

ON ARRANGEMENTS FOR THE IMPORTATION INTO THE BENELUX COUNTRIES OF JUTE YARN ORIGINATING IN INDIA

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 COUNCIL REGULATION ( EEC ) NO 1439/74 OF 4 JUNE 1974 ON COMMON RULES FOR IMPORTS ( 1 ), AND IN PARTICULAR ARTICLE 13 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

AFTER CONSULTING THE ADVISORY COMMITTEE SET UP BY ARTICLE 5 OF THE AFOREMENTIONED REGULATION ,

WHEREAS AN AGREEMENT ON TRADE AND COMMERCIAL COOPERATION IN JUTE PRODUCTS HAS BEEN CONCLUDED BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF INDIA ( 2 );

WHEREAS , AS REGARDS IMPORTS INTO THE COMMUNITY OR ANY OF ITS MARKETS OF JUTE YARN FROM INDIA , WHICH ARE NOT SUBJECT TO QUANTITATIVE RESTRICTIONS , THE SAID AGREEMENT PROVIDES THAT THE COMMUNITY MAY REQUEST CONSULTATIONS WITH INDIA AIMED AT LIMITING TRADE IN THIS PRODUCT WHERE SUCH LIMITATION APPEARS NECESSARY AND IMPORTS HAVE EXCEEDED THE INDICATIVE LEVEL ESTABLISHED IN THE AGREEMENT ;

WHEREAS , SINCE IMPORTS OF JUTE YARN INTO THE BENELUX COUNTRIES HAD CONSIDERABLY EXCEEDED THE INDICATIVE LEVEL , THE COMMUNITY REQUESTED CONSULTATIONS WITH INDIA WITH A VIEW TO REACHING AN ARRANGEMENT LIMITING THE IMPORTS IN QUESTION ;

WHEREAS THE CONSULTATIONS RESULTED IN AN UNDERTAKING BY THE INDIAN GOVERNMENT TO ESTABLISH VOLUNTARY RESTRAINT , IN ACCORDANCE WITH THE RELEVANT PROVISIONS OF THE AGREEMENT , IN RESPECT OF EXPORTS TO THE BENELUX COUNTRIES OF YARN OF JUTE OR OF OTHER TEXTILE BAST FIBRES OF HEADING NO 57.03 , FALLING WITHIN HEADING NO 57.06 OF THE COMMON CUSTOMS TARIFF , FOR THE PERIOD 1 JANUARY 1978 TO 31 DECEMBER 1979 ;

WHEREAS THE EFFECTIVENESS OF THE VOLUNTARY EXPORT RESTRAINT MEASURES INTRODUCED BY THE INDIAN AUTHORITIES DEPENDS ON THE COMMUNITY ' S ESTABLISHING A SYSTEM OF SUPERVISION ; WHEREAS , IN ORDER FOR SUCH A SYSTEM TO BE INSTITUTED , IMPORTS INTO THE BENELUX COUNTRIES OF THE PRODUCTS IN QUESTION ORIGINATING IN INDIA MUST BE SUBJECT TO AUTHORIZATION ;

WHEREAS PRODUCTS ENTERING THE BENELUX COUNTRIES UNDER INWARD PROCESSING OR OTHER SUSPENSIVE ARRANGEMENTS AND INTENDED FOR RE-EXPORT FROM THE CUSTOMS TERRITORY OF THE COMMUNITY IN THE SAME STATE OR AFTER PROCESSING SHOULD NOT BE CHARGED AGAINST THE QUANTITATIVE LIMIT ESTABLISHED ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . THE IMPORTATION INTO THE BENELUX COUNTRIES OF THE FOLLOWING PRODUCTS ORIGINATING IN INDIA AND SHIPPED TO THOSE COUNTRIES BETWEEN 1 JANUARY 1978 AND 31 DECEMBER 1979 SHALL BE SUBJECT TO THE PRESENTATION OF AN IMPORT PERMIT ISSUED BY THE COMPETENT AUTHORITIES IN THE BENELUX COUNTRIES WITHIN THE QUANTITATIVE LIMITS AGREED BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF INDIA AND SHOWN BELOW :

// // //

CCT HEADING NO // NIMEXE CODE 1978/79 // DESCRIPTION // UNITS // QUANTITATIVE LIMIT 1 . 1 . 1978 TO 31 . 12 . 1979 //

//

57.06 // 57.06-11 , 15 , 30 // YARN OF JUTE OR OF OTHER TEXTILE BAST FIBRES OF HEADING NO 57.03 // TONNES // 13 000 //

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2 . THE COMPETENT AUTHORITIES OF THE BENELUX COUNTRIES SHALL AUTHORIZE IMPORTS OF THE PRODUCTS REFERRED TO IN PARAGRAPH 1 AUTOMATICALLY AND WITHOUT DELAY , WITHIN THE QUANTITATIVE LIMITS ESTABLISHED , ON PRESENTATION BY THE IMPORTER OF AN EXPORT PERMIT ISSUED BY THE COMPETENT AUTHORITIES OF THE REPUBLIC OF INDIA AND CONTAINING THE DETAILS INDICATED IN THE ANNEX TO THIS REGULATION .

3 . WHEN ISSUING SUCH IMPORT PERMITS , THE COMPETENT AUTHORITIES OF THE BENELUX COUNTRIES SHALL TAKE INTO ACCOUNT THE QUANTITIES ALREADY COVERED BY IMPORT PERMITS ISSUED BEFORE THE ENTRY INTO FORCE OF THIS REGULATION , IN RESPECT OF QUANTITIES OF THE PRODUCT IN QUESTION SHIPPED FROM INDIA TO THE BENELUX COUNTRIES AFTER 1 JANUARY 1978 .

ARTICLE 2

PRODUCTS IMPORTED INTO THE BENELUX COUNTRIES UNDER INWARD PROCESSING OR OTHER SUSPENSIVE ARRANGEMENTS AND SUBSEQUENTLY RE-EXPORTED FROM THE CUSTOMS TERRITORY OF THE COMMUNITY IN THE SAME STATE OR AFTER PROCESSING SHALL NOT BE CHARGED AGAINST THE QUANTITATIVE LIMITS REFERRED TO IN ARTICLE 1 .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD 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 , 24 JULY 1979 .

FOR THE COUNCIL

THE PRESIDENT

M . O ' KENNEDY

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ANNEX

DETAILS REFERRED TO IN ARTICLE 1 ( 2 )

EXPORT PERMITS ISSUED BY THE INDIAN AUTHORITIES IN RESPECT OF THE PRODUCTS COVERED BY THIS REGULATION SHALL SPECIFY OR 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 PRODUCT ;

( G ) CERTIFICATION BY THE INDIAN AUTHORITIES STATING THAT THE QUANTITY HAS BEEN CHARGED AGAINST THE AGREED QUANTITATIVE LIMITS FOR EXPORTS TO THE MEMBER STATES CONCERNED 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 INDIA FOR EXPORT TO THE BENELUX COUNTRIES .