31972R2833

Official Journal of the European Communities 67

No L 298 /40 Official Journal of the European Communities 31.12.72

REGULATION (EEC) No 2833/72 OF THE COUNCIL of 28 December 1972 opening, allocating and providing for the administration of Community tariff quota for cotton yarn, not put up for retail sale, and other woven fabrics of cotton falling within subheadings 55.05 and 55.09 of the Common Customs Tariff, coming from Turkey

THE COUNCIL OF THE EUROPEAN COMMUNI­ regard to the principles mentioned above, the TIES , Community nature of the quotas can be respected by allocating the Community tariff Having regarc to the Treaty establishing the quotas among the Member States; whereas , in European Economic Community and in order to reflect most accurately the actual particular Article 113 thereof; development of the market in the product concerned, such allocation shall be in propor­ Having regard to the proposal from the tion to the needs of the Member States, assessed Commission; by reference both to the statistics of each State's imports from Turkey over a representa­ Whereas under Article 1 of Annex No 2 of the tive period and to the economic outlook for the Additional Protocol laying down the conditions , quota period concerned; whereas , in spite of the procedures and timetables for implementing the little need for imports from Turkey of the transitional stage pursuant to Article 4 of the imports concerned, as shown by the statistical Agreement establishing an association between data for the majority of the Member States , the Europear. Economic Community and the Community character of the tariff quotas Turkey, the Community must make, as from concerned should be safeguarded by making the entry into rorce of the said Protocol, a 75% provisions to cover needs which might arise reduction of the Common Customs Tariff in the Member States; duties , within the limit of annual Community tariff quotas of 300 metric tons for cotton yarn, Whereas , during the last three years for which not put up for retail sale, falling within tariff statistics are completely available, the cor­ subheading 55 05 , and of 1000 metric tons for responding imports by each of the Member other woven fabrics of cotton falling within States, coming from Turkey, have developed as tariff subheading 55.09; whereas moreover it indicated below; seems necessary to lay down provisionally an adjustment to the tariff benefits consisting of (in metric tons) the establishment, for the two Community 1969 1970 1971 tariff quotas in question , of a zero quota duty and of an increase in the quota volume from 300 metric tons to 500 metric tons for cotton Cotton yarn yarn, not put up for retail sale; whereas the Germany 3 468 4 167 8 458 abovementioned Protocol enters into force — Benelux 2 071 4 626 on 1 January7 1973 and whereas the Community France 281 244 242 tariff quotas should therefore be opened for Italy 371 5 455 3 867 1973 under the conditions mentioned above; Other woven fabrics Whereas it is in particular necessary to ensure to of cotton all Community importers equal and uninter­ Germany 491 419 371 rupted access to the abovementioned quotas Benelux — 207 848 and uninterrupted application of the rate laid France 821 449 603 down for those quotas to all imports of the Italy 95 1 002 830 product concerned into all Member States until the quota has been used up; whereas, having

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Whereas , in order to take into account import seem possible to put forward clear percentages trends for the products concerned in the of how the two categories of products concerned different Member States, the quota amounts are allocated ; whereas , taking account of these should be divided into two instalments , the factors , the quotas concerned should still be first instalment being allocated among the allocated , for the quota period in question , Member States , and the second forming a according to the percentages indicated below : reserve intended ultimately to cover the require­ ments of the Member States which have used Germany 42% up their initial quota shares; whereas, in order Benelux 11% to ensure a certain degree of security to im­ France 35% porters in each Member State, the first instal­ Italy 12% ment of the Community quota should be determined at a level which, under present Whereas if, at a specified date in the quota circumstances , may be 80% of the quota period, a considerable balance remains in one amount ; or other Member State it is essential that that Member State pays a percentage of it back into Whereas the initial quota shares of the Member States may be used up at different times ; the corresponding reserve, in order to avoid a whereas , in order to take this fact into account part of one or other of the Community quotas remaining unused in one Member State when it and avoid any break in continuity, it is impor­ could be used in others ; tant that any Member State , having used up almost the whole of one of its initial quota Whereas , since the Kingdom of Belgium , the shares should draw an additional quota share Kingdom of the Netherlands and the Grand from the corresponding reserve; whereas , this Duchy of Luxembourg are united in and must be done by each Member State as and represented by the Benelux Economic Union, when each of its additional quota shares is all transactions concerning the administration almost entirely used up, and repeated as many of shares granted to the abovementioned times as each of the reserves allows ; whereas Economic Union may be carried out by any one each of the initial and additional quota shares of its members ; must be available for use until the end of the quota period ; whereas this method of adminis­ Whereas, since the tariff quotas concerned are tration calls for close cooperation between to be valid until 31 December 1973 , the system Member States and the Commission, which thus laid down may be modified in order to take account of the accession of new Member must, in particular, be able to observe the extent States , to which the quota amount is used and inform Member States thereof; Whereas these data indicate that imports of HAS ADOPTED THIS REGULATION : those products are rather irregular and whereas , as a result, the calculation of the percentages which they represent in relation to the imports into the Community of the same products Article 1 coming from Turkey would not be meaningful; whereas moreover it was not possible to collect, As from 1 January 1973 and until 31 December for all the Member States , data relating to 1973 , the Common Customs Tariff duties in imports of the products concerned, in particular respect of the products , a list of which follows , from Turkey, for the start of 1972; whereas it is coming from Turkey, shall be totally suspended therefore not possible to correct this estimate within the framework of overall Community in the light of more recent experience; tariff quotas indicated in respect of each of them : Whereas the estimation of imports into each of the Member States, for the quota period envisaged, proves difficult as a result of the Quota CCT Description of goods volumes considerable variations which have occurred heading No (in metric during the previous years; whereas the fore­ tons) seeable import figures submitted by the Member States take into account this situation given 55.05 Cotton yarn, not put up for that, as a whole, they imply an overall estimate retail sale 500 of the situation, i.e. they cover both the products 55.09 Other woven fabrics of cotton 1 000 falling under subheading 55.05 and subheading 55.09; whereas, in this situation, it does not yet

Official Journal of the European Communities 69

Article 2 This process shall be applied until the reserve is exhausted . 1 . The quotas laid down in Article 1 shall be 4 . Notwithstanding the provisions of para­ divided into two instalments . graphs 1 , 2 and 3 , the Member States may 2 . The first instalment of each quota shall be proceed to draw shares smaller than those shared among :he Member States ; the propor­ fixed in those paragraphs , if there is reason to tions which, subject to Article 5 , shall be valid believe that those shares might not be used up . until 31 December 1973 , shall consist of the They shall inform the Commission of the following amounts : reasons which led them to apply this paragraph.

(m metric tons) Article 4 CCT heading No

55.05 55.09 Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1973 .

Germany 168 336 Article 5 Benelux 44 88

France 140 280 If, by 15 September 1973 , a Member State has not used up one or other of its initial shares , it Italy 48 96 shall, not later than 10 October 1973 , return to Total 400 800 the reserve the unused portion of this share in excess of 20% of the initial amount. It may return a larger quantity if there are reasons to consider that such quantity might not be used . 3 . The second instalment of each quota , i.e. The Member States shall, not later than 100 metric tons and 200 metric tons respectively, 10 October 1973 , notify the Commission of the shall make up the reserve. total imports of the product concerned effected up to 15 September 1973 inclusive, and charged against the Community quotas and , where Article 3 appropriate, the proportion of each of their initial shares that is being returned to each of 1 . If 90% o_ more of the initial share of a the reserves . Member State, as laid down in Article 2 ( 1 ), or 90% of that share less the amount returned Article 6 into the corresponding reserve, where the provisions of Article 5 have been applied, has The Commission shall keep account of the been exhausted, that Member State shall shares opened by Member States in accordance proceed without delay, by notifying the Com­ with Articles 2 and 3 and shall inform each of mission, to draw a second share equal to 15% them of the extent to which the reserves have of its initial share, rounded up to the next unit been used as soon as it receives the notifications . where appropriate, to the extent that the The Commission shall, not later than amount in the reserve allows . 15 October 1973 , notify Member States of the 2 . If, after cne or other of its initial shares state of each of the reserves after the return of has been exhausted, 90% or more of the second shares pursuant to Article 5 . share drawn by a Member State has been used, The Commission shall ensure that any drawing that Member State shall proceed without delay, which uses up the reserve is limited to the by notifying the Commission, to draw a third balance available and, for this purpose, shall share equal to 7-5% of its initial share, rounded specify the amount thereof to the Member up to the next unit where appropriate, to the State which makes the final drawing. extent that the amount in the reserve allows . 3 . If, after o_ie or other of the second shares Article 7 has been exhausted, 90% or more of the third share drawn by a Member State has been used , that Member State shall proceed, pursuant to 1 . The Member States shall take all measures the provisions of paragraph 2, to draw a fourth necessary to ensure that, when additional share equal to "he third . shares are drawn pursuant to Article 3 , it is

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possible for charges to be made without inter­ at regular intervals of the imports of the ruption against their accumulated shares of the products concerned actually charged against Community quota . their shares . 2 . The Member States shall take all measures necessary to guarantee to importers of the Article 9 products concerned established in their territory free access to the share allocated to them . The Member States and the Commission shall cooperate closely in order to ensure that the 3 . The Member States shall charge imports provisions of this Regulation are observed . of the product concerned against their shares in so far as the product has been presented for Customs clearance under cover of declarations that it has been made available for consump­ Article 10 tion . 4 . The extent to which the Member States ' The aforegoing provisions may be modified in order to take account of the situation arising shares have been used up shall be recorded on from the accession of new Member States . the basis of the imports charged in the con­ ditions laid down in paragraph 3 .

Article 11 Article 8 This Regulation shall enter into force on Member States shall inform the Commission 1 January 1973 .

This Regulation shall be binding in its entirety and directly applicable in all Member States . Done at Brussels , 28 December 1972 .

For the Council The President

T. WESTERTERP