31974R2087

9. 8. 74 Official Journal of the European Communities No L 218/ 1

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 2087 /74 OF THE COUNCIL of 2 August 1974 increasing the Community tariff quota opened for 1974 by Regulation ( EEC) No 3593/73 for certain plywoods of coniferous species falling within heading No ex 44.15 of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN should draw a further share , and so on as many times COMMUNITIES, as the reserve allows ; whereas the initial and ad­ ditional shares should be valid until the end of the Having regard to the Treaty establishing the European quota period ; whereas this form of administration Economic Community and in particular Article 28 requires close collaboration between the Member thereof ; States and the Commission , and the Commission must be in a position to keep account of the extent to Having regard to the draft Regulation submitted by which the quotas have been used up and to inform the Commission ; the Member States accordingly ;

Whereas, for certain plywoods of coniferous species Whereas if at a given date in the quota period a falling within heading No ex 44. 15 .of the Common considerable quantity of a Member State's initial share Customs Tariff, a duty-free Community tariff quota, remains unused it is essential , to prevent a part of a the amount of which has been fixed at an initial level quota from remaining unused in one Member State of 500 000 cubic metres , has been opened by the while it could be used in others , that such State Council and allocated among the Member States by should return a significant proportion thereof to the Regulation ( EEC) No 3593 /73 (') ; reserve ,

Whereas the economic data relative to the consump­ tion and production of these products do not yet HAS ADOPTED THIS REGULATION : permit Community requirements of imports from non-member countries to be evaluated with absolute certainty ; whereas it appears that certain Member Article 1 States have additional requirements which cannot be met by Community production ; whereas the tariff 1 . The volume of the Community tariff quota quota concerned should therefore be increased by an opened by Regulation ( EEC) No 3593 / 73 for certain appropriate amount, approximately 100 000 cubic plywoods of coniferous species falling within heading metres ; No ex 44.15 of the Common Customs Tariff is hereby increased from 500 000 to 600 000 cubic metres . Whereas, to take account of future import trends for the products concerned owing to the uncertainty of 2 . This increase of 100 000 cubic metres shall the additional requirements of Member States, a constitute a reserve . Community reserve equal to the proposed increase should be set up ; Article 2 Whereas the initial shares allocated to Member States may be exhausted at different rates ; whereas to avoid 1 . As soon as a Member State has used 90 % or disruption of supplies on this account it should be more of its share as fixed in Article 2 of Regulation provided that any Member State which has almost ( EEC) No 3593 / 73 , or that share minus any portion used up its initial share should draw an additional returned to the reserve pursuant to Article 4 hereof, it share from the reserve ; whereas each time its ad­ shall forthwith , by notifying the Commission , draw a ditional share is almost ^exhausted a Member State second share , to the extent that the reserve so permits equal to 10 % of its initial share rounded up as neces­ (') OJ No L 365 , 31 . 12 . 1973 , p. 45 . sary to the next whole number .

No L 218 /2 Official Journal of the European Communities 9 . 8 . 74

2. As soon as a Member State, after exhausting its the products in question imported up to and initial share , has used 90 % or more of the second including 15 October 1974 and charged against the share drawn by it, that Member State shall forthwith, quota and of any portion of their shares returned to in the manner and to the extent provided in para­ the reserve . graph 1 , draw a third share equal to 5 % of its initial share . Article 5 3 . As soon as a Member State, after exhausting its The Commission shall keep an account of the shares second share , has used 90 % or more of the third opened by the Member States pursuant to Article 2 of share drawn by it, that Member State shall forthwith, Regulation (EEC) No 3593/73 and Article 2 of this and in accordance with the same conditions and to Regulation and shall, as soon as the information the extent provided in paragraph 1 , draw a fourth reaches it, inform each State of the extent to which share equal to the third . the reserves have been used up. It shalhcontinue in this fashion until the reserve is It shall , not later than 10 November 1974, inform the exhausted . Member State of the amounts still in reserve following 4. By way of derogation from paragraphs 1 , 2 and any return of shares pursuant to Article 4. 3 , the Member States may draw shares lower than It shall ensure that when an amount exhausting the those specified in those paragraphs if there are reserve is drawn the amount so drawn does not exceed grounds for believing that those specified may not be the balance available, and to this end shall notify the used in full . Any Member State applying this para­ amount of that balance to the Member State making graph shall inform the Commission of its grounds for the last drawing. so doing.

Article 6 Article 3 Additional shares drawn pursuant to Article 2 shall be 1 . Every Member State shall take all appropriate valid until 31 December 1974 . measures to ensure that additional shares drawn pursuant to Article 2 are opened in such a way that importations may be charged without interruption Article 4 against its accumulated share of the relevant quota. Any Member State which on 15 October 1974 has not 2 . The administration of the additional shares shall exhausted its share allocated pursuant to Article 2 of be carried out in accordance with Article 3 of Regula­ Regulation ( EEC) No 3593/ 73 shall , not later than 10 tion (EEC) No 3593/73 . November 1974, return to the reserve the unused portion in excess of 20 % of the initial amount. It may return a greater portion if there are grounds for Article 7 believing that such portion may not be used in full . This Regulation shall enter into force on the seventh Member States shall , not later than 10 November day following its publication in the Official Journal 1974, notify the Commission of the total quantities of of the European Communities.

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

Done at Brussels , 2 August 1 974. For the Council The President

B. DESTREMAU