31974R0362

No L 48/56 Official Journal of the European Communities 20 . 2 . 74

REGULATION (EEC) No 362/74 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 Israel

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas , during the past three years for which statistics are available, the corresponding imports by each of the Member States represent the following percentages of the imports into the Community from Israel of the products concerned : Having regard to the Treaty establishing the European . Economic Community and in particular Article 113 1970 1971 1972 thereof ;

Germany 93-0 89-9 94-5 Having regard to the proposal from the Commission ; Benelux 0-2 — 0-5 '

France 2-0 2-5 2-5 Whereas the Agreement between the European Econo­ Italy 4-8 7 -6 2-5 mic Community and the State of Israel, signed at Luxembourg on 29 June 1970, provides in Article 2 (1 ) together with Article 3 of Annex I, for the opening by the^Community of an annual Community tariff quota Whereas , in view of these factors and of the estimates of 300 jnetric tons of other woven fabrics of cotton submitted by certain Member States, initial quotas falling within heading No 55.09 of the Common may be fixed approximately at the following percent­ Customs Tariff, originating in Israel ; whereas , pursu­ ages : ant to Article 1 of the said Annex, the quota duty is equal to 50% of the Common Customs Tariff duty Germany 90 in respect of the product concerned ; whereas therefore a Community tariff quota of 300 metric tons at duty Benelux 1 rates of 6-5% , 7% , 7% and 7-5% for products France 3 falling within subheading Nos 55.09 A I, A II, B I and B II respectively should be opened for 1974 ; Italy 6

Whereas equal and continuous access to the quota Whereas , to take account of future import trends in should be ensured for all Community importers and the various Member States for the products concerned , the rate of levy for the tariff quota should be applied each quota volume should be divided into two consistently to all imports of the product in question tranches, the first being allocated amongst the Member until the quota is used up ; whereas, a Community States and the second held as a reserve to cover at a tariff arrangement based on an allocation between later date the requirements of Member States who the Member States would seem to preserve the have used up their initial shares ; whereas to give Community nature of the quota ; whereas to represent importers some certainty the first tranche of each as closely as possible the actual development of the Community tariff quota could be fixed at about 75 % market in the product in question the allocation should of the quota volumes ; follow proportionately the requirements of the Member States calculated from both statistics of imports from Israel during a representative reference period and the Whereas the initial shares may be used up more or economic outlook for the tariff period in question ; less quickly ; whereas, therefore, to avoid disruption

20 . 2 . 74 Official Journal of the European Communities No L 48 /57

of supplies , any Member State which has almost used Whereas, since the Kingdom of Belgium, the Kingdom up its initial share must draw a supplementary share of the Netherlands and the Grand Duchy of Luxem­ from the reserve ; whereas this must be done by each bourg are jointly represented by the Benelux Economic Member State as each one of its supplementary shares Union , any measure concerning the administration of is almost used up , and as many times as the reserve the shares allocated to that economic union may be allows ; whereas each initial and supplementary share carried out by one of its members , must be valid until the end of the quota period ; where­ as this form of administration requires close collabor­ ation between the Member States and the Commission, and the Commission must be in a position to follow HAS ADOPTED THIS REGULATION : the extent to which the tariff quotas have been used up and inform the Member States thereof ;

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, Israel set out in the table below shall be partially to prevent a part of the Community quota from suspended at the rates indicated for each of them, remaining unused in one Member State while it could within the limits of an overall Community tariff quota be used in others ; of 300 metric tons :

CCT Rate of heading 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 6-5 II . Other 7-0

B. Other : I. Of a width of less than 85 cm 7-0 II . Other 7-5

Article2¶

1 . A first tranche, of 225 metric tons of the Community 1 . If 90% or more of a Member State's initial share tariff quota referred to in Article 1 shall be allocated as specified in Article 2 (1 ), or of that share minus the among the Member States ; the shares which , subject portion returned to the reserve where Article 5 is to Article 5, shall be valid until 31 December 1974 shall applied, has been used up, that Member State shall be as follows : without delay, by notifying the Commission, draw a second share equal to 15 % of its initial share, rounded up where necessary to the next unit to the extent per­ Germany 200 metric tons mitted by the amount of the reserve . Benelux 2 metric tons France 8 metric tons 2. If , after its initial share has been used up , 90% or Italy 15 metric tons more of the second share drawn by a Member State has been used up , that Member State shall, in accor­ dance with the conditions imposed by paragraph 1 , 2 . A second tranche of 75 metric tons shall constitute draw a third share , equal to 7-5 % of its initial share, a reserve . rounded up where necessary to the next unit.

No L 48/58 Official Journal of the European Communities 20 . 2 . 74

3 . If, after its second share has been used up, 90% or It shall ensure that the drawing which uses up the re­ more of the third share drawn by a Member State has serve is limited to the balance available and to this been used up, that Member State shall, in accordance end shall specify the amount thereof to the Member with the same conditions, draw a fourth share equal State making the last drawing. to the third. This process shall continue to apply until the reserve Article 7 is used up. 1 . Member States shall take all measures necessary 4. By way of derogation from paragraphs 1 to 3, a to ensure that supplementary shares drawn pursuant Member State may draw shares lower than those fixed to Article 3 are opened in such a way that imports in those paragraphs if there are grounds for believing may be charged without interruption against their that they may not be used up . It shall inform the Com­ accumulated shares in the Community quota. mission of its reasons for applying this paragraph. 2. Member States shall ensure that importers of the Article 4 said goods established in their territory have free access to the shares allocated to them . Supplementary shares drawn pursuant to Article 3 shall be valid until 31 December 1974. 3 . Member States shall charge imports of the said goods against their shares as and when such goods are entered for home use. Article 5 4. The extent to which a Member State has used up A Member State which on 15 September 1974 has not its share shall be determined on the basis of imports used up its initial share shall return to the reserve not charged in accordance with paragraph 3 . later than 10 October 1974 the unused portion exceeding 20 % of the initial amount. It may return a Article 8 greater portion if there are grounds for believing that it may not be used up. Member States shall inform the Commission at Member States shall , not later than 10 October 1974, regular intervals of imports actually charged against notify the Commission of the total quantities of the their shares . said goods imported up to and including 15 September 1974 and charged against the Community tariff quota and any quantities of the initial share returned to the Article 9 reserve . The Member States and the Commission shall co­ Article 6 operate closely in order to ensure that this Regulation is observed. The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 Article 10 and 3 and shall, as soon as it has been notified, inform each state of the extent to which the reserve has been The tariff quota laid down in this Regulation shall be used up . opened for 1974. It shall inform the Member States, not later than 15 October 1974, of the amount still in reserve after This Regulation shall enter into force on the third amounts have been returned thereto pursuant to day following its publication in the Official Journal of Article 5 . 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