31974R0370

20 . 2 . 74 Official Journal of the European Communities No L 48 /83

REGULATION (EEC) No 370/74 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 the Arab Republic of Egypt

THE COUNCIL OF THE EUROPEAN COMMUNITIES duties applied continuously to all imports of the said products until the quota has been used up ;

Having regard to the Treaty establishing the European — in the light of the above principles, the Community Economic Community, and in particular Article 113 nature of the quota may best be preserved by an thereof ; arrangement allocating it among these Member States ; whereas in order to provide the most Having regard to the proposal from the Commission ; accurate reflection of actual market trends for the said products, such allocation should be "Whereas the Agreement (*) between the European proportionate to the needs of these Member Economic Community and the Arab Republic of States, calculated both from the statistics for each Egypt and the Protocol (2) laying down certain Member State's imports from the Arab Republic provisions relating to the Agreement between the of Egypt over a representative reference period European Economic Community and the Arab and from economic prospects for the quota Republic of Egypt consequent on the Accession of period in question ; new Member States to the European Economic Community, provides for the opening of an annual Community tariff quota of 3 250 metric tons of other — over the past three years for which statistics are woven fabrics of cotton falling within heading No available, the following percentages represent the 55.09 of the Common Customs Tariff, originating respective imports of the Member States concerned in the Arab Republic of Egypt ; whereas the Protocol in relation to imports of the said products from provides that the tariff quota should be allocated the Arab Republic of Egypt into the Community among the Member States as follows : 2 500 metric as originally constituted : tons for the Community as originally constituted, 90 metric tons for Denmark, 10 metric tons for Ire­ land and 650 metric tons for the United Kingdom ; 1970 1 971 1971 whereas Annex I to the Agreement provides that the duties applicable to the quota shall be equal to 45 % Germany 7-0 3-0 4-3 of the duties of the Common Customs Tariff ; whereas as regards the duties applicable to the quota by the Benelux 10-7 27-2 29-3 new Member States, the special provisions of the France 5-5 1-2 10-0 Protocol and of the Act of Accession should be complied with ; whereas to comply with the special 76-8 68-6 56-4 Italy provisions of the Protocol, separate arrangements should be made for the Member States of the Com­ munity as originally constituted, on the one hand, and for the new Member States, on the other ; — in view of these facts and of the forecasts made by certain Member States, the initial percentage Whereas as regards the Community as originally shares of the quota should be allocated approxi­ constituted : mately as follows :

— equal and ^uninterrupted access to the quota Germany 11 should be ensured for all importers and quota Benelux 23 France 11 (x) OJ No L 251 , 7. 9. 1973 , p. 2. (■) OJ No L 251 , 7. 9. 1973 , p . 87 . Italy 55

No L 48/ 84 Official Journal of the European Communities 20 . 2 . 74

— in order to take account of import trends for the Economic Union , any measure concerning the products in question in the Member States con­ administration of the quota shares allocated to cerned, the quota amount should be divided into that Economic Union may be carried out by one two instalments, the first instalment being allocated of its members ; among the same Member States, the second instalment constituting a reserve intended to Whereas, as regards the new Member States : cover the later requirements of Member States which have used up their initial quota shares ; — the quota duties shall be calculated by the new Member States in accordance with Articles 3 whereas in order to ensure a certain degree of security to importers in each Member State, the and 4 of the Protocol ; first instalment of the quota should be fixed in — equal and uninterrupted access to the quota should this case at approximately 60 % ; be ensured for all importers and quota duties applied continuously to all imports of the products — the initial quota shares may be used up at different in question until the quota has been used up, rates ; whereas , therefore, to avoid disruption of supplies, any Member State which has almost used up its initial quota share, shall draw an HAS ADOPTED THIS REGULATION : additional quota share from the reserve ; whereas this shall be done by each Member State whenever one of its additional quota shares has been almost Article 1 used up, and as many times as the reserve allows ; whereas the initial and additional quota shares A Community tariff quota of 3 250 metric tons shal sJhall be valid until the end of the quota period ; be opened until 31 December 1974 for other woven whereas this form of administration requires fabrics of cotton falling within heading No 55.09 of close collaboration between the Member States the Common Customs Tariff, originating in the Arab and the Commission, and the Commission must Republic of Egypt. be in a position to follow the extent to which the quota volume has been used up and inform the This quota shall be allocated and administered in Member States thereof ; accordance with the provisions set out below.

— if, at a given date in the quota period, a con­ siderable quantity of the initial quota share is SECTION I left over in one of the Member States concerned, it is essential that that State should return a significant proportion to the reserve to prevent a Provisions applicable to the Community part of the quota allocated to the Community as as originally constituted originally constituted from remaining unused in one Member State when it could be used in others ; Article 2 — since the Kingdom of Belgium, the Kingdom of The Common Customs Tariff duties shall be partially the Netherlands and the Grand Duchy of Luxem­ suspended at the rate indicated below for 2 500 bourg are united in and represented by the Benelux metric tons of the quota referred to in Article 1 :

CCT Rate of heading Description 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 5-8 II . Other 6-3 B. Other : I. Of a width of less than 85 cm 6-3 II . Other 6-7

20. 2 . 74 Official Journal of the European Communities No L 48/ 85

Article3¶

1 . A first instalment of 1 550 metric tons of the A Member State which on 15 September 1974 has not amount mentioned in Article 2 shall be allocated used up its initial quota share shall return to the among the Member States ; the shares which, subject reserve not later than 10 October 1974, the unused to Article 6, shall be valid until 31 December 1974, portion exceeding 20% of the initial amount. It may shall be : return a greater portion if there are grounds for believing that it may not be used up . Germany ~ 170 metric tons Benelux 360 metric tons Member States shall, not later than 10 October 1974, notify to the Commission the total quantities of the France 170 metric tons products in question imported up to and including Italy 850 metric tons 15 September 1974 and charged against the Com­ munity tariff quota and any quantities returned to the reserve . 2. The second instalment, amounting to 950 metric tons, shall make up the reserve.

Article 7 Article 4 The Commission shall keep an account of the quota 1 . If 90% or more of a Member State's initial quota shares opened by the Member States pursuant to share specified in Article 3 (1 ), or of that share less Article 3 and 4 and shall , as soon as information the portion returned to the reserve where Article 6 is reaches it, inform each state of the extent to which applied, has been used up , that Member State shall the reserve has been used up . without delay, by notifying the Commission, draw a second quota share, to the extent that the reserve is sufficient, equal to 15% of its initial quota share, It shall, not later than 15 October 1974, inform the Member States of the amount still in reserve after rounded up to the next unit where necessary. returns have been made pursuant to Article 6.

2 . If, after its initial quota share has been used up , It shall ensure that the drawing which uses up the 90% or more of the second quota share drawn by a reserve is limited to the balance available and to this Member State has been used up, that Member State end shall specify the amount thereof to the Member shall, in the manner laid down in paragraph 1 , draw State making the last drawing. a third quota share equal to 7-5% of its initial quota share, rounded up where necessary to the next unit .

Article 8 3 . If, after its second quota share has been used up, 90% or more of the third quota share drawn by a Member States shall take all necessary measures to Member State has been used up , that Member State ensure that additional shares taken up under Article 4 shall, in the same manner, draw a fourth quota share equal to the third. are so drawn as to allow for uninterrupted charges against their accumulated shares of the Community quota . This procedure shall be followed until the reserve has been used up .

SECTION II 4. Notwithstanding paragraphs 1 to 3 , a Member State may draw smaller quota shares than those fixed in those paragraphs, if there is reason to believe that Provisions applicable to the new Member States those fixed might not be used up . It shall inform the Commission of its reasons for applying this para­ graph. Article 9

Article 5 Within the tariff quota referred to in Article 1 , the new Member States shall apply duties calculated in Additional quota shares drawn pursuant to Article 4 accordance with the relevant provisions of the Act shall be valid until 31 December 1974. of Accession, the Agreement and the Protocol.

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Article 10 3 . The extent to which Member States ' shares have been used up shall be ascertained from imports 750 metric tons of the quota referred to in Article 1 charged under the conditions laid down in para­ shall be allocated among the new Member States as graph 2. follows :

Denmark 90 metric tons Article 12 Ireland 10 metric tons Member States shall regularly inform the Commission United Kingdom 650 metric tons of imports of the said products originating in the Arab Republic of Egypt actually charged against their quota shares.

SECTION III Article 13 General provisions Member States and the Commission shall collaborate closely in order to ensure that the provisions of this Article 11 Regulation are observed.

1 . Member States shall ensure that the quota shares Article 14 allocated to them are freely accessible to importers of the products in question established in their territory. The tariff quota laid down in this Regulation shall 2 . Member States shall charge imports of the products be opened for 1974. in question against their quota shares as the products are presented for customs clearance under cover of a This Regulation shall enter into force on the third declaration that they have been made available for day following its publication in the Official Journal consumption . 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