31973R1250

21.5.73 Official Journal of the European Communities No L 133 / 105

REGULATION (EEC) No 1250/73 OF THE COUNCIL

of 14 May 1973 on the opening, allocation and administration of a Community tariff quota for certain textile fibres falling within heading No 56.04 of the Common Customs Tariff, originating in the Republic of Cyprus

THE COUNCIL OF THE EUROPEAN COMMUNITIES , hand and for the new Member States on the other hand ;

Having regard to the Treaty establishing the European Economic Community and in particular Article 113 thereof: Whereas, as regards in particular the Community as originally constituted :

Having regard to the proposal from the Commission ; — equal and continuous access to the quota should be ensured for all importers and quota duties should be applied consistently to all imports of Whereas the Agreement ( 1 ) establishing an the goods in question until the quota is used up ; Association between the European Economic Community and the Republic of Cyprus, hereinafter called the Agreement, and the Protocol ( 2) laying — in the light of the principles elicited above, the down certain provisions concerning that Agreement Community nature of the quota may best be as a result of the Accession of new Member States to preserved by an arrangement allocating it among the European Economic Community, hereinafter the Member States ; whereas in order to reflect called the Protocol, provide for the opening of an most accurately the actual development of the annual Community tariff quota of 100 metric tons of market in the said goods , such allocation should man-made fibres ( discontinuous or waste ), carded , be proportionate to the requirements of the combed or otherwise prepared for spinning, falling Member States , calculated both from statistics of within heading No 56.04 of the Common Customs each State's imports of the said products Tariff, originating in Cyprus ; whereas, pursuant to originating in the Republic of Cyprus over a the joint declaration in Article 2 of the Protocol the representative reference period and from the tariff quota should be allocated among the Member economic outlook for the quota period States as follows : 70 tons for the Community as concerned ; originally constituted and 30 tons for the new Member States ; whereas Annex 1 to the Agreement provides that the duties applicable to the quota shall — however, in view of the fact that during the last be equal to 30 % of the Common Customs Tariff three years no such products originating in Cyprus have been imported and no forecast can be made duties ; whereas as regards the duties applicable to goods within the limits of the quota by the new for 1973 , an initial share percentage of 25 % allocated to each of the Member States concerned Member States, the special provisions of the Protocol and of the Act of Accession (3 ) should be observed ; would ensure a fair distribution among them ; whereas a Community tariff quota of 100 metric tons should be opened in respect of the abovementioned — in order to take account of import trends of the products ; whereas to comply with the special said goods in the Member States concerned, the provisions of the Protocol , separate arrangements quota amount should be divided into two parts, should be made for the Member States of the the first part being allocated among those Community as originally constituted on the one Member States, and the second forming a reserve intended to cover the later requirements of the Member States which have used up their initial share of the quota ; whereas, in order to ensure a 0 ) See p. 2 of this Official Journal . certain degreee of security to importers in each (2) See p. 88 of this Official Journal . Member State, the first part of the quota should (s ) OJ No L 73 , 27. 3 . 1972, p. 14. be fixed, in this case, at approximately 75 % ;

No L 133 / 106 Official Journal of the European Communities 21.5.73

HAS ADOPTED THIS REGULATION : — the initial share of the quota of the Member States concerned may be used up at different rates ; whereas, in order to take this into account Article 1 and to avoid any break in continuity, a Member State which has almost used up its initial share of the quota should draw an additional share from A Community tariff quota of 100 metric tons is the reserve ; whereas this must be done by each opened within the Community for the period 1 Member State as each of its additional shares of June to 31 December 1973 in respect of man-made the quota is almost used up, and repeated as fibres ( discontinuous or waste), carded, combed or many times as the reserve allows ; whereas the otherwise prepared for spinning, falling within initial and additional shares of the quota must be heading No 56.04 of the Common Customs Tariff, valid until the end of the quota period ; whereas originating in Cyprus . This quota shall be allocated this method of administration calls for close and administered in accordance with the following cooperation between Member States and the provisions . Commission, which must, in particular, be able to observe the extent to which the quota amount is used and inform Member States thereof ; Provisions applicable to the Community as originally constituted — if, at a specified date in the quota period , a considerable quantity of the initial share of the Article 2 quota is left over in a Member State, that Member State must transfer a significant portion The Common Customs Tariff duties are partially of it back into the reserve, to prevent part of the suspended at the rates indicated below in respect of quota allocated to the Community as originally 70 metric tons of the quota referred to in Article 1 : constituted from remaining unused in one Member State when it could be used in others ;

CCT Rate of heading Description duty — since the Kingdom of Belgium, the Kingdom of No % the Netherlands and the Grand Duchy of Luxembourg are united in and jointly represented 56.04 Man-made fibres (discon­ by the Benelux Economic Union , any measures tinuous or waste), carded, concerning the administration of shares granted combed or otherwise pre­ to that Economic Union may be carried out by pared for spinning : any one of its members ; A. Produced by polymeri­ zation or condensation of organic monomers 2-5 Whereas as regards in particular the new Member B. Produced by chemical States : transformation of natu­ ral organic polymers 3-0

— pursuant to the Protocol , a gross amount of 30 metric tons is allocated to the new Member States ; whereas, for the purposes of the allocation of this amount among them, the past and Article 3 foreseeable situations are comparable to those facing the Member States of the Community as 1 . A first part amounting to 52 metric tons of the originally constituted ; whereas, therefore , the amount specified in Article 2 is allocated among the quota should also be allocated among the new Member States ; the shares which, subject to Article 6, Member States in equal shares ; are valid until 31 December 1973 are as follows :

Benelux 13 tons the quota duties are to be calculated by the new Member States in accordance in particular with Germany 13 tons Articles 3 , 4, 5 , 6 and 7 of the Protocol ; France 13 tons Italy 13 tons . equal and continuous access to the quota should be ensured for all importers and quota duties should be applied consistently to all imports of 2 . The second part, amounting to 18 metric tons , the said goods until the quota is used up ; constitutes the reserve .

21.5 . 73 Official Journal of the European Communities No L 133 / 107

Article4¶

1 . If 90 % or more of the initial share of a The Commission shall keep account of the shares Member State laid down in Article 3 ( 1 ), or 90 % of opened by Member States in accordance with Articles that share less the amount returned into the reserve 3 and 4 and shall inform each State of the extent to where the provisions of Article 6 have been applied, which the reserve has been used up as soon as it has been exhausted, that Member State shall proceed receives the notifications . without delay, by notifying the Commission, to draw a second share, equal to 15 % of its initial share, The Commission shall, not later than 15 October rounded up to the next unit where appropriate, to 1973 , notify the Member States of the amount still in the extent that the reserve is sufficient. reserve after the return of shares pursuant to Article 6 . 2 . If, after its initial share has been exhausted , The Commission shall ensure that any drawing 90 % or more of the second share drawn up by a which uses up the reserve is limited to the balance Member State has been used , that Member State shall available and for this purpose shall specify the proceed without delay, by notifying the Commission, amount thereof to the Member State which makes to draw a third share , equal to 7-5 % of its initial the last drawing. share, rounded up to the next unit where appropriate, to the extent that the reserve is sufficient. Article 8

3 . If, after its second share has been exhausted , The Member States shall take all appropriate 90 % or more of the third share drawn by a Member measures to ensure that when additional shares are State has been used, that Member State shall proceed, drawn pursuant to Article 4, it is possible for charges pursuant to the provisions of paragraph 2, to draw a to be made without interruption against their fourth share equal to the third . accumulated shares of the Community quota .

This process shall be applied until the reserve is exhausted . Article 9

4. Notwithstanding paragraphs 1 , 2 and 3 , the 1 . Member States shall guarantee to importers of Member States may proceed to draw shares smaller the said goods established in their territory free access than those fixed in those paragraphs if there is reason to the share allocated to them . to believe that those shares might not be used up . They shall inform the Commission of the reasons 2 . Member States shall charge imports of the said which led them to apply this paragraph. goods against their shares accordingly as the goods are presented for customs clearance under cover of declarations that they have been made available for Article 5 consumption .

The additional shares drawn pursuant to Article 4 3 . The extent to which the Member States ' shares shall be valid until 31 December 1973 . have been used up shall be recorded on the basis of the imports charged in the conditions laid down in Article 6 paragraph 2 .

If, by 15 September 1973 , a Member State has not Article 10 used up its initial share, it shall not later than 10 October 1973 return to the reserve the unused Member States shall inform the Commission at portion of this share in excess of 20 % of the inital regular intervals of imports of the said products amount. It may return a larger quantity if there are originating in the Republic of Cyprus actually reasons to consider that such quantity might not be charged against their shares . used . The Member States shall, not later than 10 October Article 11 1973 , notify to the Commission of the total imports of the said goods effected up to and including 15 September 1973 , and charged against the Community Member States and the Commission shall cooperate quota and, where appropriate, the proportion of their closely in order to ensure that the provisions of this initial share that is being returned to the reserve . Regulation are observed .

No L 133 / 108 Official Journal of the European Communities 21.5.73

Provisions applicable to the new Member States Denmark 10 metric tons

Ireland 10 metric tons Article 12 United Kingdom 10 metric tons.

The new Member States shall apply duties applicable to goods within the limits of the quota which Article 14 conform with the relevant provisions of the Agreement of the Protocol and of the Act of Articles 9 , 10 and 11 shall apply to the new Member Accession . States .

Article13¶

A total amount of 30 metric tons of the quota This Regulation shall enter into force on the third referred to in Article 1 is allocated among the new day following its publication in the Official Journal Member States as follows : of the European Communities .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 14 May 1973 .

For the Council The President

R. VAN ELSLANDE