31974R0355

No L 48/ 10 Official Journal of the European Communities 20. 2 . 74

REGULATION (EEC) No 355/74 OF THE COUNCIL of 4 February 1974 opening, allocating and providing for the 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 Spain

THE COUNCIL OF THE EUROPEAN COMMUNITIES Whereas, during the past three years for which sta­ » tistics are available, the corresponding imports by each of the Member States represent the following percentages of the imports into the Community from Spain of the products concerned : Having regard to the Treaty establishing the Euro­ pean Economic Community and in particular Ar­ ticle 113 thereof; 1970 1971 1972

Benelux 1-4 2-2 2-8 Having regard to the proposal from the Commission: France 75-4 75-7 78-0 Germany 4-0 5-2 6-4 Italy 19-2 16-9 12-8 Whereas the Agreement between the European Eco­ nomic Community and Spain, signed at Luxembourg on 29 June 1970, provides in Article 2 ( 1 ) together Whereas, in view of these factors, of the foreseeable with Article 4 of Annex I, for the opening by the development during 1974 of the market for the pro­ Community of an annual Community tariff quota ducts in question and in particular of the estimates of 1 800 metric tons of other woven fabrics of cotton submitted by certain Member States, initial quota falling within heading No 55.09 of the Common shares may be fixed approximately at the following Customs Tariff originating in Spain ; whereas, pur­ percentages : suant to Article 2 of the said Annex the quota dq.ty is equal to 40 % of the Common Customs Tariff Benelux 2-2 duty in respect of the product concerned; whereas the Community tariff quota contains quota duties of France 756 5-2 %, 5-6 '"/o, 5-6 %» and 6 °/o for the products falling Germany 5-9 within subheading Nos 55.09 A I, A II, B I and B II ; Italy 16-3

Whereas to take account of future trends of imports of the product under consideration, the total quota Whereas it is in particular necessary to ensure to all volume should be divided into two tranches, the Community importers equal and uninterrupted access first being shared among the Member States and the to the abovementioned quota and uninterrupted second held as a reserve to cover at a later date the application of the rate laid down for that quota to requirements of those Member States having used up all imports of the product concerned into all Member their initial share; whereas to give Member State States until the quota has been used up ; whereas, importers some certainty, the first of the Community having regard to the principles mentioned above, the quota might be fixed at 75% of the quota volume ; Community nature of the quota can be respected by allocating the Community tariff quota among the Member States; whereas to represent as closely as Whereas the initial shares of Member States may be possible the actual development of the market in used up more or less quickly ; whereas, therefore, to the products in question the allocation should follow avoid disruption of supplies any Member State which proportionately the requirements of the Member has almost used up its initial share, must draw a States calculated from both statistics of imports from supplementary share from the reserve ; whereas this Spain during a representative period and the econo­ must be done by each Member State as each one of mic outlook for the tariff period in question ; its supplementary shares is almost used up, and as

20 . 2 . 74 Official Journal of the European Communities No L 48 / 1.1

many times as the reserve allows; whereas the initial Whereas since the Kingdom of Belgium, the Kingdom and supplementary shares must be valid until the end of the Netherlands and the Grand Duchy of Luxem­ of the quota period; whereas this form of admini­ bourg are jointly represented by the Benelux Eco­ stration requires close collaboration between the nomic Union any measure concerning the admini­ Member States and the Commission, and the Com­ stration of the shares allocated to that economic mission must be in a position to follow the extent to union may be carried out by one of its members, which the quota volume has been used up and inform the Member States thereof; HAS ADOPTED THIS REGULATION :

Article 1 Whereas if, at a given date in the quota period, a considerable quantity of the initial share is left over Until 31 December 1974, the Common Customs in a Member State, it is essential that each state Tariff duties in respect of the products originating in should return a significant proportion to the reserve, Spain and listed below shall be partially suspended to prevent a part of the Community qUota from at the levels indicated for each of them within the remaining unused in one Member State while it could limits of a global Community tariff quota of 1 800 be used in others ; mertic tons :

CCT Rate heading Description of duty No %

55.09 Other woven fabrics of cotton :

A. Containing 85 % or more by weight of cotton : L Of a width of less than 85 cm 5-2 II . Other 5-6

B. Other : I. Of a width of less than 85 cm 5-6 II . Other 6

Article 2 share less the amount returned into the reserve, where the provisions of Article 5 have been applied has been exhausted, that Member State shall proceed 1 . A first tranche amounting to 1 350 metric tons without delay, by notifying the Commission, to draw of the Community tariff quota referred to in Article 1 , a second share equal to 15% of its initial share, shall be allocated among the Member States; the rounded up to the next unit where appropriate, to share which, subject to Article 5, shall be valid until the extent that the amount in the reserve allows . 31 December 1974 shall be as follows :

Benelux 30 metric tons 2. If, after its initial share has been exhausted, 90% France 1 020 metric tons or more of the second share drawn by a Member Germany 80 metric tons State has been used, that Member State shall proceed without delay, by notifying the Commission, to draw Italy 220 metric tons a third share equal to 7-5% of its initial share, rounded up to the next unit where appropriate, to the 2 . The second tranche , of 450 metric tons , consti­ extent that the amount in the reserve allows . tutes a reserve .

3 . If, after its second share has been exhausted, 90% Article 3 or more of the third share drawn by a Member State has been used up, that Member State shall in accor­ 1 . If 90% or more of the initial share of a Member dance with the same conditions, draw a fourth share State, as laid down in Article 2 ( 1 ), or 90% of that equal to the third .

No L 48/12 Official Journal of the European Communities 20 . 2 . 74

This process shall be applied until the reserve is The Commission shall ensure that any drawing which exhausted . uses up the reserve is limited to the balance available and, for this purpose, shall specify the amount there­ of to the Member State which makes the final 4. Notwithstanding the provisions of paragraphs 1 , 2 and 3, the Member States may proceed to draw drawing. shares smaller than those fixed in those paragraphs, if there is reason to believe that those shares might Article 7 not be used up. They shall inform the Commission of the reasons which led them to apply this 1 . The Member States shall take all appropriate paragraph. measures to ensure that, when additional shares are drawn pursuant to Article 3 , it is possible for charges Article 4 to be made, without interruption, against their accu­ mulated shares of the Community quota. Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1974 . 2. The Member States shall ensure that importers of the said goods established in their territory have free access to the shares allocated to them . Article 5 3 . The Member States shall charge imports of the If, by 15 September 1974, a Member State has not said goods against their shares as and when the goods are entered for home use . used up its initial share, it shall, not later than 10 Oc­ tober 1974, return to the reserve the unused portion of this share in excess of 20% of the initial amount. 4. The extent to which a Member State has used It may return a larger quantity if there are reasons up its share shall be determined on the basis of the for considering that such quantity might not be imports charged in accordance with paragraph 3 . used. Article 8 The Member States shall, not later than 10 October 1974, notify the Commission of the total imports of Member States shall inform the Commission at regu­ the products concerned effected up to 15 September lar intervals of imports of the said product actually 1974 inclusive, and charged against the Community charged against their shares. quota and, where appropriate, the proportion of their initial share that is being returned to the reserve. Article 9

Article 6 The Member States and the Commission shall co­ operate closely in order to ensure that this Regulation The Commission shall keep account of the shares is observed. opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent Article 10 to which the reserve has been used as soon as it receives the notifications . The tariff quota laid down in this Regulation shall be opened for 1974. The Commission shall, not later than 15 October 1974, notify Member States of the amount in the This Regulation shall enter into force on the third reserve after the return of shares pursuant to day following its publication in the Official Journal Article 5 . 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