31974R0363

20. 2. 74 Official Journal of the European Communities No L 48/59

REGULATION (EEC) No 363/74 OF THE COUNCIL of 4 February 1974

opening, allocating and providing for the administration of a Community tariff quota for cotton yarn falling within heading No 55.05 of the Common Customs Tariff, originating in Malta

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Agreement should be confined to the original Member States and the additional volume of 375 metric tons resulting from the increase should be allocated to all Member States ; Having regard to the Treaty establishing the European Economic Community and in particular Article 113 Whereas it is in particular necessary to ensure to all thereof ; Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted appli­ cation of the rate laid down for that quota to all Having regard to the proposal from the Commission ; imports of the product concerned into all Member States until the quota has been used up ; whereas , having regard to the principles mentioned above, the Whereas the Agreement between the European Community nature of the quota can be respected by Economic Community and Malta, signed at Valetta allocating the Community tariff quota among the on 5 December 1970, provides in Article 3 ( 1 ) together Member States ; whereas , in order to reflect more with Article 2 of Annex I for the opening by the Com­ accurately the actual development of the market in munity of an annual Community tariff quota of 750 the product concerned, such allocation should be in metric tons of cotton yarn not put up for retail sale proportion to the needs of the Member States, assessed falling within heading No 55.05 of the Common by reference to both the statistics of each State's Customs Tariff, originating in Malta ; whereas, imports of the said goods from Malta over a represen­ pursuant to Article 1 of the said Annex the quota duty tative period and the economic outlook for the quota is equal to 30% of the Common Customs Tariff duty period concerned ; in respect of the product concerned ; whereas, with a view to granting Malta a treatment not less favourable than that enjoyed by countries eligible for the General­ Whereas, during the past three years for which ized System of Preferences, the abovementioned volume statistics are available, the corresponding imports by should be increased by 50% and the duties totally each of the Member States represent the following suspended ; whereas, as regards the allocation of this percentages of the imports into the Community, from tariff quota, the quota volume laid down in the Malta of the products concerned :

1970 1971 1972

Germany 30-2 22-4 41-5 34-5 57-3 51-4 Benelux 42-0 34-8 28-7 25-7 41-5 ,31-0 France — 3-0 2-1 1-7 5-4 4-8 Italy 28-3 21-1 14-4 12-0 8-6 7-8

Denmark — — 0-1 Ireland 3-0 5-3 3-2

United Kingdom 19-5 11-7 7-0

No L 48/60 Official Journal of the European Communities 20 . 2 . 74

Whereas both these percentages and the estimates Economic Union may be carried out by any of its from certain Member States should be taken into members , account for the purposes of allocating the two abovementioned quota amounts ; whereas initial quota shares may consequently by fixed approximately as follows : HAS ADOPTED THIS REGULATION :

Benelux 26-0 Denmark 0-1 Article 1 France 5-0 1 . Until 31 December 1974, a tariff quota of 1 125 Germany 45-0 metric tons shall be opened in the Community for Ireland 1-3 cotton yarn not put up for retail sale, falling within Italy 17-6 heading No 55.05 of the Common Customs Tariff, United Kingdom 5-0 originating in Malta .

Whereas , in order to take into account import trends 2. Within the limits of this tariff quota the Community for the products concerned in the different Member Customs Tariff duties shall be totally suspended. States , the quota amount should be divided into two tranches, the first tranche being allocated among the This suspension shall be fully applied in the new Member States, and the second forming a reserve Member States . intended ultimately to cover the requirements of the Member States which have used up their initial quota shares ; whereas , in order to ensure a certain Article 2 degree of security to importers in each Member State, the first tranche of the Community quota should 1 . A first tranche, amounting to 795 metric tons of be determined at a level which , under present circum­ the Community tariff quota referred to in Article 1 , stances , may be 70% of the quota amount ; shall be shared among the Member States ; the proportions which, subject to Article 5 , shall be valid until 31 December 1974 shall consist of the following Whereas the initial quota shares of the Member amounts ; States may be used up, at different times ; whereas, in order to take this fact into account and avoid any Germany 360 metric tons break in continuity, is it important that any Member State having used up almost the whole of its initial Benelux 204 metric tons quota share should draw an additional quota share France 40 metric tons from the reserve ; whereas , this must be done by each Italy 140 metric tons Member State as and when each of its additional Denmark 1 metric ton quota shares is almost entirely used up, and repeated Ireland 10 metric tons as many times as the reserve allows ; whereas the initial and additional quota shares must be available United Kingdom 40 metric tons for use until the end of the quota period ; whereas this method of administration calls for close cooperation 2 . The second tranche of 330 metric tons shall between Member States and the Commission, which constitute the reserve . must, in particular, be able to observe the extent to which the quota amount is used and inform Member Article 3 States thereof ;

1 . If 90% or more of the initial share of a Member Whereas if, at a specified date in the quota period, a State , as laid down in Article 2 ( 1 ) or 90 % of that share considerable balance remains in one or other Member less the amount returned into the reserve , where the State it is essential that that Member State pays a provisions of Article 5 have been applied, has been large amount of it back into the reserve, in order to exhausted, that Member State shall proceed without avoid a part of the Community quota's remaining delay, by notifying the Commission, to draw a second unused in one Member State when it could be used share equal to 15 % of its initial share, rounded up to in others ; the next unit where appropriate, to the extent that the amount in the reserve allows . Whereas , since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxem­ 2. If , after its initial share has been exhausted , 90% bourg are united in and represented by the Benelux or more of the second share drawn by a Member Economic Union, all transactions concerning the State has been used , that Member State shall , in administration of shares granted to the abovementioned accordance with the conditions laid down in para­

20 . 2 . 74 Official Journal of the European Communities No L 48 /61

graph 1 , proceed without delay to draw a third share The Commission shall, not later than 15 October equal to 7-5 % of its initial share, rounded up to the 1974, notify Member States of the amount in the next unit where appropriate, to the extent that the reserve after the return of shares pursuant to Article 5 . amount in the reserve allows. The Commission shall ensure that any drawing which 3 . If, after its second share has been exhausted , 90% uses up the reserve is limited to the balance available or more of the third share drawn by a Member State and, for this purpose, shall specify the amount thereof has been used, that Member State shall proceed, in the to the Member State which makes the final drawing. same way, fo draw a fourth share equal to the third.

This process shall be applied until the reserve is Article 7 exhausted. 1 . The Member States shall take all appropriate 4. Notwithstanding the provisions of paragraphs 1 , measures to ensure that, when additional shares are 2 and 3 , the Member States may proceed to draw drawn pursuant to Article 3 , it is possible for charges shares smaller than those fixed in those paragraphs, to be made without interruption against their accumu­ if there is reason to believe that they might not be lated shares of the Community quota. used up. They shall inform the Commission of the reasons which led them to apply this paragraph. 2. The Member States shall ensure that importers of the product concerned established in their territory have free access to the shares allocated to them . Article 4 3 . The Member States shall charge imports of the said Each of the additional shares drawn pursuant to goods against their share as and when the goods are Article 3 shall be valid until 31 December 1974. entered for home use .

4. The extent to which a Member State has used up Article 5 its share shall be determined on the basis of the imports charged in accordance with paragraph 3 . If, by 15 September 1974, a Member State has not used up its initial share, it shall, not later than 10 October 1974, return to the reserve the unused Article 8 portion of this share in excess of 20% of the initial Member States shall inform the Commission at amount. It may return a larger quantity if there is reason to believe that such quantity might not be used. regular intervals of imports actually charged against their shares . The Member States shall, not later than 10 October Article 9 1974, notify the Commission of the total imports of the product concerned effected up to 15 September The Member States and the Commission shall co­ 1974 inclusive, and charged against the Community operate closely in order to ensure that this Regulation quota and, where appropriate, the proportion of their is observed . initial share that is being returned to the reserve.

Article 10 Article 6 The tariff quota laid down in this Regulation shall be The Commission shall keep account of the shares opened for 1974 . opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent to This Regulation shall enter into force on the third which the reserve has been used as soon as it received day following its publication in the Official Journal the notifications . 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