31974R0367

20. 2. 74 Official Journal of the European Communities No L 48/71

REGULATION (EEC) No 367/74 OF THE COUNCIL of 4 February 1974 opening, allocating and providing for the administration of a Community tariff quota for certain textile fibres falling within heading No 56.04 of the Common Customs Tariff, originating in Cyprus

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas, as regards the Community as originally constituted :

Having regard to the Treaty establishing the European Economic Community and in particular Article 113 it is necessary to ensure to all importers equal and thereof ; uninterrupted access to the quota and uninterrup­ ted application of the rates laid down for this quota Having regard to the proposal from the Commission ; to all imports of the products concerned until the quota has been used up ;

Whereas the Agreement (*) establishing an Association between the European Economic Community and the Republic of Cyprus, hereinafter called 'the Agreement', — in the light of the principles elicited above, the and the Protocol (a) laying down certain provisions Community nature of the quota may be best concerning that Agreement as a result of the Accession preserved by an arrangement allocating it among of new Member States to the European Economic the Member States ; whereas in order to reflect Community, hereinafter called 'the Protocol', provide more accurately the actual development of the for the opening of an annual Community tariff quota market in the product concerned, such allocation of 100 metric tons of man-made fibres (discontinuous should be in proportion to the needs of the Member or waste), carded, combed or otherwise prepared for States, assessed by reference to both statistics spinning, falling within heading No 56.04 of the of each State's imports of the said imports of the Common Customs Tariff, originating in Cyprus ; said products originating in Cyprus over a repre­ whereas, pursuant to the joint declaration in Article 2 sentative reference period and the economic of the Protocol the tariff quota should be allocated outlook for the quota period concerned ; among the Member States as follows : 70 metric tons for the Community as originally constituted and 30 metric tons for the new Member States ; whereas — however, as during the past three years no such Annex 1 to the Agreement provides that the duties products originating in Cyprus have been imported applicable to the quota shall be equal to 30% of the and as no forecast can be made for 1974, an initial Common Customs Tariff duties ; whereas as regards share percentage of 25% allocated to each of the duties applicable to goods within the limits of the the Member States concerned would ensure a quota by the new Member States, the special pro­ fair distribution among them ; visions of the Protocol and of the Act of Accession (3) should be observed ; whereas to comply with the special provisions of the Protocol, separate arrangements should be made for the Member States of the Com­ — in order to take into account import trends for munity as originally constituted on the hand and for the products concerned in the different Member the new Member States on the other hand ; States, the quota amount should be divided into two tranches, the first tranche being allocated among the Member States and the second forming a reserve intended ultimately to cover the require­ ments of those Member States which have used up their initial shares ; whereas, in order to ensure (*) OJ No L 133, 21. 5. 1973, p. 1 . (2) OJ No L 133 , 21 . 5. 1973 , p. 88 . a certain degree of security to importers in each (8) OJ No L 73 , 27. 3. 1972, p. 14. Member State, the first tranche of the quota

No L 48 / 72 Official Journal of the European Communities 2,0 . 2 . 74

should be determined at a level which , under it is necessary to ensure to all importers equal and present circumstances , may be approximately 75 % ; uninterrupted access to the quota and uninterrupted application of the rates laid down for this quota to all imports of the products concerned until the quota has been used up , — the initial share of the Member States may be used up more or less quickly ; whereas , in order to take this fact into account and to avoid any HAS ADOPTED THIS REGULATION : break in continuity, it is important that any Member State having almost used up its initial share should draw an additional share from the Article 1 reserve ; whereas this must be done by each Member State as and when each of its additional Until 31 December 1974 a tariff quota of 100 metric shares is almost entirely used up, and repeated tons shall be opened within the Community in respect as many times as the reserve allows ; whereas the of man-made fibres (discontinuous or waste), carded, initial and additional shares of the quota must be combed or otherwise prepared for spinning, falling available for use until the end of the quota period ; within heading No 56.04 of the Common Customs whereas this method of administration calls for Tariff, originating in Cyprus. This quota shall be close cooperation between Member States and allocated and administered in accordance with the the Commission which must, in particular, be following provisions . able to observe the extent to which the quota amount is used and inform Member States thereof ;

SECTION I — if, at a specified date in the quota period, a con­ siderable balance remains in one or other Member State , it is essential that that Member State pays Provisions applicable to the Community a large amount of it back into the reserve in order as originally constituted to avoid a part or one or other of the Community quotas remaining unused in one Member State when it could be used in others ; Article 2

The Common Customs Tariff duties shall be partially — since the Kingdom of Belgium, the Kingdom of suspended at the rates indicated below in respect of the Netherlands and the Grand Duchy of Luxem­ 70 metric tons of the quota referred to in Article 1 : bourg are united in and jointly represented by the Benelux Economic Union , all transactions concern­ CCT Rate ing the administration of shares granted to the heading Description of duty No % abovementioned Economic Union may be carried out by any of its members ; 56.04 Man-made fibres (discontinuous or waste), carded, combed or other­ wise prepared for spinning : Whereas as regards the new Member States : A. Synthetic textile fibres 2-5 B. Regenerated textile fibres 3-0

pursuant to the Protocol , a gross amount of 30 metric tons is allocated to the new Member Article 3 States ; whereas, for the purposes of the allocation of this amount among them , both the past and the 1 . A first tranche of 52 metric tons of the amount prospective future situations are the same as those specified in Article 2 shall be allocated among the which faced the original Member States ; whereas , Member States ; the shares which, subject to Article 6, therefore, the quota should be allocated equally are valid until 31 December 1974, shall be as follows : among the new Member States ; Benelux 13 metric tons Germany 13 metric tons the quota duties are to be calculated by the new France 13 metric tons Member States in accordance with Articles 3 , 4, 5 , 6 and 7 of the Protocol ; Italy 13 metric tons

20 . 2 . 74 Official Journal of the European Communities No L 48 /73

2. The second tranche, of 18 metric tons shall September 1974, and charged against the Community constitute the reserve . quota and, where appropriate , the proportion of their initial share that is being returned to the reserve.

Article 4 Article 7 1 . If 90% or more of the initial share of a Member State laid down in Article 3 ( 1 ), or 90% of that share The Commission shall keep account of the shares less the amount returned into the reserve where the opened by Member States in accordance with provisions of Article 6 have been applied, has been Articles 3 and 4 and shall inform each State of the exhausted, that Member State shall proceed without extent to which the reserve has been used up as soon delay, by notifying the Commission, to draw a second as it receives the notifications . share, equal to 15% of its initial share, rounded up to the next unit . The Commission shall , not later than 15 October 1974, notify the Member States of the amount in 2 . If, after its initial share has been exhausted, 90% reserve after the return of shares pursuant to Article 6. or more of the second share drawn up by a Member State has been used , that Member State shall proceed, The Commission shall ensure that any drawing in accordance with the conditions laid down in para­ which uses up the reserve is limited to the balance graph 1 , to draw a third share, equal to 7-5% of its available and for this purpose shall specify the amount initial share, rounded up to the next unit where thereof to the Member State which makes the last appropriate, to the extent that the reserve is sufficient . drawing.

3 . If, after its second share has been exhausted, 90% or more of the third share drawn by a Member State Article 8 has been used, that Member State shall proceed, in the same way fourth share equal to the third . The Member States shall take all appropriate measures to ensure that when additional shares are drawn This process shall be applied until the reserve is pursuant to Article 4 it is possible for charges to be exhausted. made, without interruption , against their accumulated shares of the Community quota. 4. Notwithstanding paragraphs 1,2 and 3 , the Mem­ ber States may proceed to draw shares smaller than those fixed in • those paragraphs if there is reason to believe that they might not be used up . They shall SECTION II inform the Commission of the reasons which led them to apply this paragraph.

Provisions applicable to the new Member States

Article5¶

Each of the additional shares drawn pursuant to Article 9 Article 4 shall be valid until 31 December 1974. Within the limits of the tariff quota referred to in Article 1 , the new Member States shall apply the duties laid down in the relevant provisions of the Article 6 Act of Accession, the Agreement and the Protocol.

If, by 15 September 1974, a Member State has not used up its initial share, it shall not later than 10 Article 10 October 1974 return to the reserve the unused portion of this share in excess of 20% of the initial amount. It may return a larger quantity if there is reason to Within the quota , 30 metric tons shall be allocated to the new Member States as follows : believe that such quantity might not be used.

Denmark 10 metric tons The Member States shall , not later than 10 October Ireland 10 metric tons 1974, notify to the Commission of the total imports of the said goods effected up to and including 15 United Kingdom 10 metric tons

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

SECTION III Article 12

Member States shall inform the Commission at General provisions regular intervals of imports of the said^ products actually charged against their shares.

Article11¶

Member States and the Commission shall cooperate 1 . Member States shall ensure that importers of the closely in order to ensure that this Regulation is said goods established in their territory have free observed. access to the share allocated to them.

Article 14 2. Member States shall charge imports of the said goods against their shares as and when the goods are The tariff quota laid down in this Regulation shall be entered for home use. opened for 1974.

3 . The extent to which a Member State has used This Regulation shall enter into force on the third up its share shall be determined on the basis of the day following its publication in the Official Journal imports charged 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