31973R2778
No L 285 /48 Official Journal of the European Communities 12 . 10. 73
REGULATION (EEC) No 2778/73 OF THE COUNCIL of 11 October 1973
on the opening, allocation and administration of a Community tariff quota for other woven fabrics of cotton falling within heading No 55.09 of the Common Customs Tariff originating in the Arab Republic of Egypt
should be applied consistently to all imports of THE COUNCIL OF THE EUROPEAN the products in question until the quota is used COMMUNITIES, up ; Having regard to the Treaty establishing the Euro pean Economic Community, and in particular — in the light of the principles set out above, the Article 113 thereof ; Community nature of the quota may best be Having regard to the proposal from the Commis preserved by an arrangement allocating it among sion ; those Member States ; whereas in order to reflect most accurately the actual development of the Whereas the Agreement between the European market in the products in question, such alloca Economic Community and the Arab Republic of tion should be proportionate to the requirements Egypt (*), hereinafter called 'the Agreement', and the of the Member States, calculated both from the Protocol laying down certain provisions concerning statistics of each Member State's imports from the Agreement between the European Economic the Arab Republic of Egypt over a represen Community and the Arab Republic of Egypt in consequence of the Accession of new Member tative reference period and from the economic outlook for the quota period in question ; States to the European Economic Community (2), hereinafter called 'the Protocol', provides for the opening of an annual Community tariff quota of 3 250 metric tons of other woven fabrics of cotton — during the past three years for which statis tics are available, the following percentages falling within heading No 55.09 of the Common represent the respective imports of the Member Customs Tariff originating in the Arab Republic of States concerned in relation to imports of the Egypt ; whereas, if the date of entry into force of products in question from the Arab Republic of the Agreement should not fall at the beginning of the calendar year, the quota should be opened pro Egypt into the Community as originally constitu ted : rata temporis ; whereas under the Protocol the tariff quota should be allocated among the Member States as follows : 2 500 metric tons for the Member States of the Community as originally constituted, 1969 1970 1971 90 metric tons for Denmark, 10 metric tons for Ireland and 650 metric tons for the United Kingdom ; whereas Annex I to the Agreement Germany 5-16 6-95 3-0 provides that the duties applicable to the quota Benelux 37-33 10-71 27-19 shall be equal to 55 °/o of the duties of the France 6-70 5-56 1-17 Common Customs Tariff ; whereas as regards the 50-81 76-78 68-64 Italy duties to be applied to the quota by the new Member States, the special provisions of the Protocol and of the Act of Accession (3) should be observed ; whereas a Community tariff quota of in view of those facts and of the forecasts made 542 metric tons should therefore be opened for by certain Member States, the initial percentage those products ; whereas to comply with the special shares of that quota should be allocated approxi provisions of the Protocol , separate arrangements mately as follows : should be made for the Member States of the Community as originally constituted on the one hand and for the new Member States on the other ; Germany 15 Whereas as regards in particular the Member States Benelux 22 of the Community as originally constituted : France 15 — equal and continuous access to the quota should Italy 48 be ensured for all importers and quota duties
(») O I No L 251 , 7 . 9 . 1973 , p . 2 . — in order to take account of import trends for the ( 2 ) O J No L 251 , 7 . 9 . 1973 , p . 87 . (3) OJ No L 73 , 27. 3 . 1972, p . 14 . products in question in. the Member States
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concerned, the quota amount should be divided Economic Union any measure concerning the into two tranches, the first tranche being allo administration of the quota shares allocated to cated among the same Member States, the that economic union may be carried out by one second tranche constituting a reserve intended to of its members ; cover the later requirements of those Member States which have used up their initial quota Whereas, as regards in particular the new Member shares ; whereas in order to ensure a certain States : degree of security to importers in each of those Member States, the first tranche of the quota — the quota duties are to be calculated by the new Member States in accordance with Articles 3 should be fixed in this case at approximately 65 °/o ; and 4 of the Protocol ;
— equal and continuous access to the quota should — the initial quota shares may be used up at be ensured for all importers and quota duties different rates ; whereas , therefore, to avoid should be applied consistently to all imports of disruption of supplies, any Member State which the said products until the quota is used up, has almost used up its initial quota share must draw an additional quota share from the reserve ; whereas this must be done by each Member State as each one of its additional HAS ADOPTED THIS REGULATION : quota shares is almost used up, and as many times as the reserve allows ; whereas the initial and additional quota shares must be valid until Article 1 the end of the quota period ; whereas this form of administration requires close collaboration A Community tariff quota of 542 metric tons is between the Member States concerned and the opened for the period from 1 November to 31 Commission, and the Commission must be in a December 1973 in respect of other woven fabrics of position to follow the extent to which the quota cotton falling within heading No 55.09 of the volume has been used up and inform the Common Customs Tariff originating in the Arab Member States thereof ; Republic of Egypt.
This quota shall be allocated and administered in — if, at a given date in the quota period, a consid accordance with the provisions set out below. erable quantity of the initial quota share is left over in a Member State, it is essential that that State should return a significant proportion to Provisions applicable to the Member States of the the reserve to prevent a part of the quota allo Community as originally constituted cated to the Member States of the Community as originally constituted from remaining unused in one Member State while it could be used in others ; Article 2
The Common Customs Tariff duties are partially — since the Kingdom of Belgium, the Kingdom of suspended at the rates indicated below in respect of the Netherlands and the Grand Duchy of Luxem 417 metric tons of the quota referred to in Article bourg are jointly represented by the Benelux 1 :
CCT Rate of beading Description of goods duty »/« No
55.09 Other woven fabrics of cotton A. Containing 85 % or more by weight of cotton : I. Of a width of less than 85 cm 7-1 II . Other 7-7 B. Other : I. Of a width of less than 85 cm 7-7 II . Other 8-2
No L 285/50 Official Journal of the European Communities 12. 10. 73
Article 3 unused portion exceeding 20 %> of the initial amount. It may return a greater portion if there are 1 . A first tranche of 272 metric tons of the grounds for believing that it may not be used up. amount mentioned in Article 2 is allocated among those Member States ; the shares which, subject to Article 6, are valid until 31 December 1973 are as Member States shall, not later than 10 December follows : 1973 , notify to the Commission the total quantities of the products in question imported up to and Germany 42 metric tons including 1 December 1973 and charged against the Benelux 60 metric tons Community tariff quota and any quantities returned France 42 metric tons to the reserve. Italy 128 metric tons
2. The second tranche, amounting to 145 metric Article 7 tons, constitutes the reserve . The Commission shall keep an account of the quota Article 4 shares opened by the Member States pursuant to Articles 3 and 4 and shall, as soon as information 1 . If 90 %> or more of a Member State's initial reaches it, inform each State of the extent to which quota share as specified in Article 3 ( 1 ), or of that the reserve has been used up. share minus the portion returned to the reserve where Article 6 is applied, has been used up, that It shall, not later than 15 December 1973 , inform Member State shall without delay, by notifying the the Member States of the amount still in reserve Commission, draw a second quota share, to the after returns have been made pursuant to Article 6. extent that the reserve is sufficient, equal to 15 °/o of its initial quota share, rounded up where neces It shall ensure that the drawing which uses up the sary to the next unit . reserve is limited to the balance available and to this end shall specify the amount thereof to the 2. If, after its initial quota share has been used Member State making the last drawing. up, 90 °/o or more of the second quota share drawn by a Member State has been used up, that Member State shall without delay, by notifying the Commis sion, draw a third quota share, to the extent that Article 8 the reserve is sufficient, equal to 7-5 % of its initial quota share, rounded up where necessary to the Member States shall take all necessary measures to next unit . ensure that the additional shares taken up under Article 4 are so drawn as to allow for uninterrupted 3 . If, after its second quota share has been used charges against their accumulated shares of the up, 90 %> or more of the third quota share drawn Community quota . by a Member State has also been used up, that Member State shall , in accordance with paragraph 2, draw a fourth quota share equal to the third. Provisions applicable to the new Member States
This process is continued until the reserve is used up . Article 9 4. Notwithstanding paragraphs 1 to 3 , a Member State may draw quota shares lower than those fixed A quantity of 125 metric tons of the quota referred in those paragraphs if there are grounds for to in Article 1 is allocated among the new Member States as follows : believing that those fixed may not be used up. It shall inform the Commission of its reasons for Denmark 15 metric tons applying this paragraph . Ireland 2 metric tons Article 5 United Kingdom 108 metric tons . Additional quota shares drawn pursuant to Article 4 are valid until 31 December 1973 . Article 10 Article 6 The new Member States shall apply quota duties A Member State which on 1 December 1973 has which conform with the relevant provisions of the not used up its initial quota share shall return to Agreement of the Protocol and of the Act of Acces the reserve not later than 10 December 1973 the sion .
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Provisions applicable to all Member States Article 12
Member States shall regularly inform the Commis Article 1 1 sion of imports of the said products originating in 1 . Member States shall ensure that the quota the Arab Republic of Egypt actually charged against shares allocated to them are freely accessible to their quota shares . importers of the products in question established in their territory. Article 13
2. Member States shall charge imports of the Member States and the Commission shall colla products in question against their quota shares as borate closely in order to ensure that this Regula the products are presented for customs clearance tion is observed . under declarations of entry for consumption . Article 14 3 . The extent to which the Member States shares have been used up shall be ascertained from the This Regulation shall enter into force on 1 imports charged under paragraph 2. November 1973 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Bnussells , 11 October 1973 .
For the Council
The President
I. NØRGAARD