31974R0364

No L 48/62 Official Journal of the European Communities 20 . 2 . 74

REGULATION (EEC) No 364/74 OF THE COUNCIL of 4 February 1974 opening, allocating and providing for the administration of a Community tariff quota for man-made fibres (discontinuous or waste), carded, combed or otherwise prepared for spinning falling within heading No 56.04 of the Common Customs Tariff, originating in Malta

THE COUNCIL OF THE EUROPEAN COMMUNITIES, laid down in the Agreement should be confined to the original Member States and the additional volume of 300 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 Having regard to the proposal from the Commission ; application of the rate laid down for that quota to all imports of the product concerned into all Member States until the quota has been used up ; whereas, Whereas the Agreement between the European Eco­ having regard to the principles mentioned above, the nomic Community and Malta, signed at Valetta on Community nature of the quota can be respected by 5 December 1970, provides in Article 3 (1 ) together allocating the Community tariff quota among the with Article 2 of Annex I for the opening by the Member States ; whereas , in order to reflect more Community of an annual Community tariff quota of accurately the actual development of the market in the 600 metric tons of man-made fibres (discontinuous or product concerned, such allocation should be in pro­ waste), carded, combed, or otherwise prepared for portion to the needs of the Member States, assessed by spinning falling within heading No 56.04 of the reference to both the statistics of each State's imports Common Customs Tariff, originating in Malta ; of the said goods from Malta over a representative whereas, pursuant to Article 1 of the said Annex the period and the economic outlook for the quota period quota duty is equal to 30% of the Common Customs concerned ; Tariff duty in respect of the product concerned ; whereas, with a view to granting Malta a treatment not less favourable than that enjoyed by countries Whereas, during the past three years for which eligible for the Generalized System of Preferences, the statistics are available, the corresponding imports by abovementioned volume should be increased by 50% each of the Member States represent the following and the duties totally suspended ; whereas, as regards percentages of the imports into the Community from the allocation of this tariff quota, the quota volume Malta of the products concerned :

1970 1971 1972

Benelux 1-0 0-5 7-7 1-7 — —

France 7-2 3-7 — — — —

— — — — — — Germany Italy 91-8 46-8 92-3 20-3 100 66-8

Denmark — — — Ireland 14-5 10-4 15-5 United Kingdom 34-5 67-6 17-7

20 . 2 . 74 Official Journal of the European Communities No L 48/63

Whereas, both these percentages and the estimates Whereas, since the Kingdom of Belgium, the Kingdom from certain Member States as well as the practical of the Netherlands and the Grand Duchy of Luxem­ need to ensure that the obligations contracted under bourg are united in and represented by the Benelux the Agreement concerned are allocated fairly among Economic Union, all transactions concerning the ad­ all the Member States ; whereas, initial quota shares ministration of shares granted to the abovementioned may consequently be fixed approximately as follows : Economic Union may be carried out by any of its members,

Benelux 11-7 HAS ADOPTED THIS REGULATION :

Denmark 3-3 Article 1 France 13-3 100 1 . Until 31 December 1974, a Community tariff quota Germany of 900 metric tons shall be opened in the Community Ireland 5-0 for man-made fibres (discontinuous or waste), carded, combed or otherwise prepared for spinning falling Italy 48-3 within heading No 56.04 of the Common Customs Tariff, originating in Malta. United Kingdom 8-4 2. Within the limits of this tariff quota the Com­ munity Customs Tariff duties shall be totally suspen­ ded. Whereas, in order to take into account import trends for the products concerned in the different Member This suspension shall be fully applied in the new States, the quota amount should be divided into two Member States . tranches, the first tranche being allocated among the Member States, and the second forming a reserve intended ultimately to cover the requirements of the Article 2 Member States which have used up their initial shares ; whereas, in order to ensure a certain degree of security 1 . A first tranche, of 600 metric tons of the Com­ to importers in each Member State, the first tranche munity tariff quota referred to in Article 1 shall be of the Community quota should be determined at a shared among the Member States ; the proportions level which, under present circumstances, may be which, subject to Article 5 , shall be valid until 31 67% of the quota amount ; December 1974 shall consist of the following amounts :

Benelux 70 metric tons Whereas the initial shares of the Member States may Denmark 20 metric tons be used up at different times ; whereas, in order to take France 80 metric tons this fact into account and avoid any break in continuity it is important that any Member State having used up Germany 60 metric tons almost the whole of its initial share should draw an Ireland 30 metric tons additional share from the reserve ; whereas, this must Italy 290 metric tons be done by each Member State as and when each of its additional shares is almost entirely used up, and United Kingdom 50 metric tons repeated as many times as the reserve allows ; whereas the initial and additional shares must be available for 2 . The second tranche of 300 metric tons shall consti­ use until the end of the quota period ; whereas this tute the reserve. method of administration calls for close cooperation between Member States and the Commission , which must, in particular, be able to observe the extent to Article 3 which the quota amount is used and inform Member States thereof ; 1 . If 90% or more of the initial share of a Member State, as laid down in Article 2 (1 ), or 90% of that share less the amount returned into the reserve, where Whereas if, at a specified date in the quota period, a the provisions of Article 5 have been applied, has been considerable balance remains in one or other Member exhausted, that Member State shall proceed without State it is essential that that Member State pays a large delay, by notifying the Commission, to draw a second amount of it back into the reserve, in order to avoid share equal to 15 % of its initial share, rounded up to a part of the Community quota's remaining unused the next unit where appropriate, to the extent that the in one Member State when it could be used in others ; amount in the reserve allows .

No L 48 /64 Official Journal of the European Communities 20 . 2 . 74

2 . If , after its initial share has been exhausted , 90% which the reserve has been used as soon as it receives or more of the second share drawn by a Member State the notifications . has been used , that Member State shall , in accordance The Commission shall , not later than 15 October 1974 , with the conditions laid down in paragraph 1 , proceed notify Member States of the amount in the reserve to draw a third share equal to 7-5 % of its initial share , after the return of shares pursuant to Article 5 . rounded up to the next unit where appropriate, to the extent that the amount in the reserve allows . The Commission shall ensure that any drawing which uses up the reserve is limited to the balance available 3 . If , after its second share has been exhausted , 90% and , for this purpose, shall specify the amount thereof or more of the third share drawn by a Member State to the Member State which makes the final drawing . has been used , that Member State shall proceed , in the same way, to draw a fourth share equal to the third. Article 7 This process shall be applied until the reserve is ex­ 1 . The Member States shall take all appropriate hausted . measures to ensure that , when additional shares are 4. Notwithstanding the provisions of paragraphs 1 , drawn pursuant to Article 3 , it is possible for charges 2 and 3 , the Member States may proceed to draw to be made without interruption against their accu­ shares smaller than those fixed in those paragraphs , mulated shares of the Community quota . if there is reason to believe that they might not be used 2 . The Member States shall ensure that importers of up . They shall inform the Commission of the reasons the product concerned established in their territory which led them to apply this paragraph . have free access to the shares allocated to them .

3 . The Member States shall charge imports of the Article 4 said goods against their shares as and when the goods are entered for home use . Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1974 . 4 . The extent to which a Member State has used up its share shall be determined on the basis of the im­ Article 5 ports charged in accordance with paragraph 3 .

If, by 15 September 1974, a Member State has not Article 8 used up its initial share, it shall , not later than 10 October 1974, return to the reserve the unused portion Member States shall inform the Commission at regular of this share in excess of 20% of the initial amount . intervals of imports actually charged against their It may return a larger quantity if there is reason to shares . believe that such quantity might not be used . Article 9 The Member States shall , not later than 10 October 1974 , notify the Commission of the total imports of The Member States and the Commission shall coop­ the product in question effected up to and including erate closely in order to ensure that this Regulation is 15 September 1974 and charged against the Commu­ observed . nity quota and , where appropriate , the proportion of their initial share that is being returned to the reserve . Article 10

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