31974R0354

20 . 2 . 74 Official Journal of the European Communities No L 48 /5

REGULATION (EEC ) No 354/74 OF THE COUNCIL of 4 February 1974

opening, allocating and providing for the administration of Community tariff quotas for certain textile products falling within heading Nos 55.05 and 55.09 and subheading No ex 58.01 A of the Common Customs Tariff ( 1974), coming from Turkey

THE COUNCIL OF THE EUROPEAN COMMUNITIES , — for woven fabrics of cotton :

1 000 metric tons to the Community as originally constituted, 20 metric tons to Denmark, 10 metric Having regard to the Treaty establishing the Euro­ tons to Ireland and 360 metric tons to the United pean Economic Community, and in particular Article Kingdom ; 113 thereof;

Whereas, moreover, it appears desirable to provide for a provisional adjustment of the tariff advantages Having regard to the proposal from the Commission ; for these goods :

— for the Community as originally constituted by Whereas, pending the entry into force of the Supple­ a total suspension of the customs duties of the mentary Protocol signed in Ankara on 30 June 1973 Common Customs Tariff, and an increase of containing the adjustments to be made to the Agree­ 50% of the volume of quotas allocated to these ment establishing an Association between the Euro­ Member States ; pean Economic Community and Turkey and to the Additional Protocol (*) consequent on the Accession — for the new Member States by a total suspension of new Member States, the Community has under­ of the duties applicable within the limits of the taken, in an Interim Agreement (2) which runs only quotas fixed above, increased by 50% ; for the period prior to the entry into force of this Supplementary Protocol but which, in any case, may Whereas pursuant to Article 1 of Annex No 2 to not extend beyond 31 December 1974, to im­ the Supplementary Protocol together with Article plement certain provisions of the Supplementary 2 of the Interim Agreement, for the duration of 1974 Protocol relating to trade in goods ; whereas, under in particular, the Community must reduce by 25% Article 6 of this Interim Agreement amending Article the duties applicable in respect of third countries to 1 of Annex 2 to the Additional Protocol, the Com­ carpets, carpeting and rugs, knotted ( made up or munity must, as from 1 January 1974, reduce by 75% not) of wool or of fine animal hair, (with the ex­ the customs duties on imports from Turkey of certain ception of hand-made carpets) imported from Tur­ textile products falling within heading Nos 55.05 key ; whereas it also appears advisable to improve and 55.09 of the Common Customs Tariff, within this tariff advantage provisionally by means of a total the limit of annual Community tariff quotas of 390 suspension of the duties applicable to the products in metric tons for cotton yarn and 1 390 metric tons question within a Community tariff quota of 160 for woven fabrics of cotton, whereas the above­ metric tons allocated in accordance with the same mentioned Article 6 allocates these Community tariff percentages as those adopted under the generalized quotas as follows : tariff preferences ;

Whereas, in order to comply with the special pro­ — for cotton varn : visions of the Interim Agreement, different systems should be provided for the Member States of the 300 metric tons to the Community as originally Community as originally constituted and for the new constituted, 40 metric tons to Denmark, 10 metric Member States ; tons to Ireland and 40 metric tons to the United Kingdom ; Whereas, as regards the Community as originally constituted :

(*) OJ No L 293 , 29. 12. 1972 , p. 4. — it is necessary to guarantee to all Community (2) OJ No L 277, 3 . 10. 1973 , p . 2. importers equal and uninterrupted access to the

No L 48/6 Official Journal of the European Communities 20. 2. 74

abovementioned quotas and uninterrupted appli­ both to the statistics of each State's imports from cation of the rate laid down for those quotas to Turkey over a representative period and to the all imports of the product concerned into all economic outlook for the quota period con­ Member States until the quota has been used cerned ; whereas, in spite of the limited need for up ; imports from Turkey of the products concerned, as shown by the statistics for the majority of the Member States the Community character of the tariff quotas concerned should be safeguarded by — in the light of the principles mentioned above, making provisions to cover needs which might the Community nature of the quotas can best be arise in these Member States ; respected by allocating the Community tariff quotas among the Member States ; whereas, in order to reflect most accurately the actual de­ velopment of the market in the product concerned, — imports into the various Member States from such allocation shall be in proportion to the Turkey were as follows during the past three needs of the Member States, assessed by reference years for which complete statistics are available :

1970 1971 1972

metric tons % metric tons % metric tons %

Cotton yarn Germany 4 167 34-91 8 458 49-19 11 736 48-35 Benelux 2 071 17-35 4 626 26-90 6 144 25-31 France 244 2-04 242 1-41 412 1-70 Italy 5 455 45-70 3 867 22-50 5 982 24-64

Other woven fabrics of cotton Germany 419 20-17 371 13-99 570 21-17 Benelux 207 9-97 848 31-97 995 36-96 France 449 21-62 603 22-74 747 27-75 Italy 1 002 48-24 830 31-30 380 14-12

in view of these figures and foreseeable market second held as a reserve intended ultimately to trends for the products concerned during 1974, cover the requirements of those Member States the initial shares may be fixed approximately at which have used up their initial shares; whereas, the following percentages : in order to ensure a certain degree of security to importers, the first instalment should be deter­ mined at a relatively high level, which, under present circumstances, may be about 80% of Other woven fabrics Cotton yarn each quota volume; of cotton Germany 43-8 23-1 the initital quota shares of the Member States Benelux 19-7 30-8 may be used up at different times ; whereas, in France 5-2 34-6 order to take this fact into account and avoid any break in continuity, it is important that any Italy 31-3 11-5 Member States having used up almost the whole of one of its intitial quota shares should draw an additional quota share from the corresponding in order to take into account the uncertainty of reserve ; whereas, this must be done by each the import trends for the products concerned in Member States as and when each of its additional the Member States, the quota volumes should be quota shares is almost entirely used up, and re­ divided into two instalments, the first instalment peated as many times as each of the reserves being allocated to the Member States, and the allows ; whereas each of the initial and additional

20 . 2 . 74 Ofmaiail Journal of the European Communities No L 48/7

quota shares must be available for use until the end of the quota period; whereas this method of CCT heading Description Quota administration calls for close cooperation between No Member States and the Commission, which must, in particular, be able to. observe the extent to which the quota amount is used and inform 55.05 Cotton yarn, not put up for Member States thereof; retail sale 885 metric tons

55.09 Other woven fabrics of cotton 2 085 metric tons — if, at a specified date in the quota period, a con­ siderable balance remains in one or other Mem­ 58.01 Carpets, carpeting and rugs ber State it is essential that that Member State (made up or not) : pays a percentage of it back into the correspond­ ex A. Of wool or of fine ing reserve, in order to avoid a part of one or animal hair with the other of the Community quotas remaining unused exclusion of hand­ in one Member State when it could be used in made carpets 160 metric tons others ;

2. The quotas shall be allocated and administered in accordance with the following provisions. — since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxem­ bourg are united in and represented by the Bene­ SECTION I lux Union, all transactions concerning the ad­ ministration of shares granted to the above­ mentioned Economic Union may be carried out Provisions relating to the Community by any one of its members ; as originally constituted

Whereas as regards the new Member States in par­ Article 2 ticular : 1 . Within the quota Customs Tariff duties shall be totally suspended within the limit of 750 metric tons — the quota volumes to be allocated to those new for cotton yarn not put up for retail sale, 1 500 Member States under Article 6 of the Interim metric tons for other woven fabrics of cotton, and Agreement as well as the duties to be applied in 112 metric tons for carpets made of wool or fine those Member States for the purposes of these animal hair. quotas determined in accordance with Article 2 of the said Agreement, are to be adjusted as set out below ; Article 3

1 . The quotas referred to in Article 2 shall be — equal and uninterrupted access to the quotas divided into two instalments . should be ensured to all importers and the duties should be applied without interruption to all 2. The first instalment of each of these quotas shall imports of the products concerned until the be shared amongst the Member States; the shares quotas have been used up, which, subject to Article 6, shall be valid until 31 De­ cember 1974, shall be as follows:

(in metric tons) CCT heading No HAS ADOPTED THIS REGULATION : 55.05 55.09 ex 58.01 A

Germany 252 240 34-7 Article 1 Benelux 113 320 12-9 France 30 360 24-4 1 . Until 31 December 1974, Community tariff quotas shall be opened for the following products coming Italy 180 120 18-0 from Turkey, as shown below :

No L 48/8 Official Journal of the European Communities 20 . 2 . 74

The second instalment of each quota, amounting to The Member States shall, not later than 10 October 175, 460 and 22 metric tons respectively, shall make 1974, notify the Commission of the total imports of up the corresponding reserve . the products concerned effected under the Commu­ nity quotas up to and including 15 September 1974 and, where appropriate the proportion of each of their initial shares that they are returning to each of Article 4 the reserves .

1 . If 90% or more of one of any Member State's Article 7 initial shares , as laid down in Article 3 (2 ) or 90% of that share less the amount returned into the cor­ responding reserve, where Article 6 has been applied, The Commission shall keep account of the shares has been used up, that Member State shall without opened by Member States in accordance with Article delay, by notifying the Commission, draw a second 3 and 4, and shall inform each of them of the extent to which the reserves have been used as soon as it share in the quota equal to 15% of its initial share, receives the notifications . rounded up to the next unit where appropriate, to the extent that the amount in the reserve allows . It shall, not later than 15 October 1974, notify the Member States of the state of each of the reserves 2 . If, after one or other of its initial shares has been after the return of shares pursuant to Article 6. used up, 90% or more of the second share drawn by one of the Member States has been used up, that Member State shall, in the manner provided for in It shall ensure that any drawing which uses up a paragraph 1 , draw a third share equal to 7 5% of reserve is limited to the balance available and, for its initial share . this purpose, shall specify the amount thereof to the Member State which makes the final drawing. 3 . If, after one or other of its second shares has been used up, 90 °/o or more of the third share drawn by a Member State has been used up, the latter shall, Article 8 in the same manner, draw a fourth share equal to the third . The Member States shall take all measures necessary to ensure that, when additional shares are drawn This procedure shall be followed until the reserve pursuant to Article 4, it is possible for imports to be has been exhausted. counted without interruption against their accumu­ lated shares of the Community tariff quotas . 4. Notwithstanding paragraphs 1 , 2 and 3 , Mem­ ber States may draw smaller shares than those fixed SECTION II in those paragraphs if there is reason to believe that those shares might not be used up . They shall inform Provisions relating to the new Member States the Commission of their reasons for applying this paragraph. Article 9

1 . Within the tariff quotas referred to in Article 1 , Article 5 the following shares shall be allocated to the new Member States : Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1974. (m metric tons)

55.05 55.09 ex 58.01 A

Article 6 Denmark 60 30 11-2 Ireland 15 15 1-6 If, on 15 September 1974, a Member State has not United Kingdom 60 540 35-2 used up one or other of its initial shares, it shall, not later than 10 October 1974, return to the reserve the unused portion of this share in excess of 20 "Vo of the initial amount. It may return a larger quantity if 2 . Within the limits of these quotas, the new Mem­ there are reasons to consider that this may not be ber States shall apply zero duties for the textile pro­ used . ducts concerned.

20 . 2 . 74 Official Journal of the European Communities No L 48 /9

SECTION III Article 11

General provisions Member States shall inform the Commission at regu­ lar intervals of imports of the products concerned actually counted against their shares. Article 10 Article 12 1 . The Member States shall take all measures necess­ ary to ensure for importers of the products con­ The Member States and the Commission shall co­ cerned established in their territory free access to the shares allocated to them. operate closely in order to ensure that this Regulation is respected.

2. The Member States shall count imports of the Article 13 products concerned against their shares as and when such products are presented for customs clearance under cover of a declaration that they have been The tariff quotas laid down in this Regulation shall made available for consumption. be opened for 1974.

3 . The extent to which the Member States' shares This Regulation shall enter into force on the third have been used up shall be established on the basis day following its publication in the Official Journal of imports counted in accordance with paragraph 2. of the European Communities.

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

Done at Brussels, 4 February 1974. For the Council

The President

W. SCHEEL