31974R1534

21 . 6 . 74 Official Journal of the European Communities No L 166/5

REGULATION (EEC) No 1534/74 OF THE COUNCIL of 17 June 1974 on the opening, allocation and administration of a Community tariff quota for polypropylene falling within subheading 39.02 C IV of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN Article 2 COMMUNITIES, 1 . A first tranche of 2 500 metric tons of the Having regard to the Treaty establishing the European Community tariff quota set out in Article 1 shall be Economic Community, and in particular Article 28 allocated among Member States as follows : thereof ; Ireland 2 490 metric tons Whereas there is at present in the Community a short­ Germany 1 metric ton Benelux 3 metric tons age of polypropylene falling under subheading 39.02 C IV of the Common Customs Tariff ; Denmark 2 metric tons France 1 metric ton Italy 1 metric ton Whereas in order to facilitate the adaptation of under­ United Kingdom 2 metric tons takings and to permit their supplies, in the most urgent cases, of the products in question under the most favourable conditions, there are grounds for 2. The second tranche amounting to a quantity of opening a zero-duty Community tariff quota of 3 500 1 000 metric tons shall constitute the reserve . metric tons corresponding to the requirements which cannot be met out of Community production ;

Article 3 Whereas equal and continuous access to the quota should be ensured for all Community importers ; whereas, however, in view of the particularly critical 1 . If 90 % or more of the Member State s initial nature of the supply situation in certain undertakings, share, minus — where Article 5 is applied — the a predominant share of the quota in question should portion returned to the reserve, has been used up, the be provided for Ireland, the participation of the other Member State shall , by notifying the Commission, Member States in the operation of the quota being draw without delay a second share equal to 10 % of assured by the provision of less substantial initial the initial share, rounded up where necessary to the shares and by the provision of a reserve adequate for next unit, to the extent permitted by the amount of this purpose, the reserve .

2. If after its initial share has been used up, 90 % or more of the second share drawn by a Member State HAS ADOPTED THIS REGULATION : has been used up, the Member State shall , in the same way, draw a third share equal to 5 % of its initial share .

A rticle 1 3 . If, after its second share has been used up , 90 % or more of the third share drawn by a Member State 1 . During the period 1 July to 31 December 1974, has been used up , the Member State shall , in the same a Community tariff quota of 3 500 metric tons shall way, draw a fourth share equal to the third . be opened in the Community for polypropylene falling within subheading 39.02 C IV of the Common Customs Tariff. This process shall continue to apply until the reserve is used up . 2. Within this tariff quota, the Common Customs Tariff duties shall be totally suspended . 4 . Notwithstanding paragraphs 1 , 2 and 3 , a Member State may draw shares lower than those speci­ 3. Within this tariff quota, the new Member States fied therein if there are grounds for believing that the shall apply duties calculated in accordance with the latter may not be used up . It shall inform the Commis­ relevant provisions of the Act of Accession . sion of its reasons for applying this paragraph .

No L 166/ 6 Official Journal of the European Communities 21 . 6 . 74

Article4¶

Additional shares drawn pursuant to Article 3 shall be 1 . The Member States shall take all appropriate valid until 31 December 1974. measures to ensure that additional shares drawn pursuant to Article 3, are opened in such a way that Article 5 charges may be made without interruption against their accumulated share of the Community quota. A Member State which on 15 September 1974 has not used up its initial share shall return to the reserve, not 2. The Member States shall ensure that importers later than 10 October 1974, the unused portion of the said goods established in their territory have exceeding 20 % of the initial account. It may return a free access to the share allocated to them . greater portion if there are grounds for believing that 3 . The Member States shall charge imports of the it may not be used up. said goods against their share as and when the goods Member States shall, not later than 10 October 1974, are entered with the customs authorities for home use . notify the Commission of the total quantities of the 4. The extent to which a Member State has used up said goods imported up to and including 15 its share shall be determined on the basis of the September 1974 and charged against the Community tariff quota and of any quantities of the initial share imports charged in accordance with paragraph 3 . returned to the reserve . Article 8 Article 6 Member States shall regularly inform the Commission The Commission shall keep an account of the shares of imports actually charged against their shares. opened by the Member States pursuant to Articles 2 and 3 and shall , as soon as it has been notified, inform Article 9 each State of the extent to which the reserve has been used up . The Member States and the Commission shall coop­ erate closely to ensure that this Regulation is It shall inform the Member States , not later than 15 observed . October 1974, of the amount still in reserve after the return of shares, pursuant to Article 5. Article 10 ' The Commission shall ensure that any drawing which uses up the reserve is limited to the balance available This Regulation shall enter into force on the third day and for this purpose shall specify the amount thereof following its publication in the Official Journal of to the Member State which makes the last drawing. the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Luxembourg, 17 June 1974. For the Council

The President

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