31974R2914

26 . 11 . 74 Official Journal of the European Communities No L 315 / 1

I

(Acts whose publication is obligatory )

REGULATION ( EEC ) No 2914/74 OF THE COUNCIL of 18 November 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 Spain

THE COUNCIL OF THE EUROPEAN COMMUNITIES , to the abovementioned quota and uninterrupted application of the rate laid down for that quota to all imports of the product concerned into all Member Having regard to the Treaty establishing the European States until the quota has been used up ; whereas, having regard to the principles mentioned above, the Economic Community and in particular Article 113 thereof ; Community nature of the quota can be respected by allocating the Community tariff quota among the Member States ; whereas, to represent as closely as Having regard to the proposal from the Commission ; possible the actual trend of the market in the products in question, the allocation should follow propor­ tionately the requirements of the Member States Whereas the Agreement between the European calculated from both statistics of imports from Spain Economic Community and Spain, signed at Luxem­ during a representative period and the economic bourg on 29 June 1970, provides in Article 2 ( 1 ), outlook for the tariff period in question ; together with Article 4 of Annex I, for the opening by the Community of an annual Community tariff quota of 1 800 metric tons of other woven fabrics Whereas, during the last three years for which of cotton falling within heading No 55.09 of the statistics are available, the corresponding imports by Common Customs Tariff, originating in Spain ; each of the Member States represent the following whereas , pursuant to Article 2 of the said Annex , percentages of the imports into the Community from the quota duty is equal to 40% of the Common Spain of the products concerned : Customs Tariff duty in respect of the product concerned ; whereas the Community tariff quota 1971 1972 1973 contains quota duties of 5-2% , 5-6% , 5-6% and 6% for the products falling within subheadings 55.09 A I, Germany 5-2 6-4 2-4 A II, B I and B II ; Benelux 2-2 2-8 9-8 Whereas the Community tariff quota in question France 75-7 78-0 47-1 should be opened for the year 1975 ; and whereas , however, because of the possibility of implementing Italy 16-9 12-8 40-7 other preferential arrangements as a result of a new Agreement between the European Economic Community and Spain, it is necessary to limit the quota period to the date on which the new Agree­ ment enters into force ; Whereas, in view of these factors of the foreseeable development of the market for the products in question and in particular of the estimates submitted Whereas it is in particular necessary to ensure to all by certain Member States, initial quota shares may Community importers equal and uninterrupted access be fixed approximately at the following percentages :

No L 315/2 Official Journal of the European Communities 26 . 11.74

Germany 6 to which the quota volume has been used up and inform the Member States thereof ; Benelux 6 France 68 Whereas if, at a given date in the quota period , a considerable quantity of the initial share is left over Italy 20 in a Member State, it is essential that each State should return a significant proportion to the reserve to prevent a part of the Community quota from Whereas, to take account of future import trends in remaining unused in one Member State when it the various Member States of the product under could be used in others ; consideration, the total quota volume should be divided into two tranches, the first being shared Whereas since the Kingdom of Belgium, the Kingdom among the Member States and the second held as a of the Netherlands and the Grand Duchy of Luxem­ reserve to cover at a later date the requirements of bourg are jointly represented by the Benelux those Member States having used up their initial Economic Union any measure concerning the share ; whereas to give Member State importers some administration of the shares allocated to that certainty, the first of the Community quota might Economic Union may be carried out by any one of be fixed at 75% of the quota volume ; its members ,

HAS ADOPTED THIS REGULATION : Whereas the initial shares of Member States may be used up more or less quickly ; whereas, therefore, to avoid disruption of supplies any Member State Article 1 which has almost used up its initial share must draw a supplementary share from the reserve ; whereas this From 1 January 1975 until the date of entry into must be done by each Member State as each one of force of a new Agreement between the European its supplementary shares is almost used up, and as Economic Community and Spain but not later than many times as the reserve allows ; whereas the initial 31 December 1975 , the Common Customs Tariff and supplementary shares must be valid until the duties in respect of the products originating in Spain end of the quota period; whereas this form of admin­ and listed below shall be partially suspended at the istration requires close collaboration between the levels indicated for each of them within the limits Member States and the Commission, and the Com­ of a global Community tariff quota of 1 800 metric mission must be in a position to follow the extent tons :

CCT Rate of duty heading Description % No

55.09 Other woven fabrics of cotton : A. Containing 85 % ot more by weight of cotton I. Of a width of less than 85 cm 5-2 II . Other 5-6 B. Other : I. Of a width of less than 85 cm 5-6 II . Other 6

Article 2 Germany 80 metric tons Benelux 80 metric tons 1 . A first tranche amounting to 1 350 metric tons France 920 metric tons of the Community tariff quota referred to in Article 1 Italy 270 metric tons shall be allocated among the Member States ; the share which, subject to Article 5 , shall be valid until the end of the period specified in Article 1 shall be 2 . The second tranche, of 450 metric tons , shall as follows : constitute the reserve.

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Article 3 the products concerned effected up to 15 September 1975 inclusive and charged against the Community 1 . If 90% or more of the initial share of a Member quota and, where appropriate, the proportion of State, as laid down in Article 2 (1 ), or 90% of that their initial share that is being returned to the reserve. share less the amount returned into the reserve, where the provisions of Article 5 have been applied, has been exhausted, that Member State shall proceed without delay, by notifying the Commission, to draw Article 6 a second share equal to 15% of its initial share, rounded up to the next unit where appropriate, to the extent that the amount in the reserve allows . The Commission shall keep account of the shares opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent 2. If, after its initial share has been exhausted, 90% to which the reserve has been used as soon as it or more of the second share drawn by a Member receives the notifications . State has been used, that Member State shall proceed without delay, by notifying the Commission, to draw a third share equal to 7-5% of its initial share, The Commission shall , not later than 15 October rounded up to the next unit where appropriate, to 1975 , notify Member States of the amount in the the extent that the amount in the reserve allows . reserve after the return of shares pursuant to Article 5 .

3 . If, after its second share has been exhausted, 90% The Commission shall ensure that any drawing or more of the third share drawn by a Member State which uses up the reserve is limited to the balance has been used up, that Member State shall in available and, for this purpose, shall specify the accordance with the same conditions draw a fourth amount thereof to the Member State which makes share equal to the third . the final drawing.

This process shall be applied until the reserve is exhausted .

Article 7 4. Notwithstanding the provisions of paragraphs 1 , 2 and 3 , the Member States may proceed to draw shares smaller than those fixed in those paragraphs, 1 . The Member States shall take all appropriate if there is reason to believe that those shares might measures to ensure that, when additional shares are not be used up . They shall inform the Commission drawn pursuant to Article 3 , it is possible for charges of the reasons which led them to apply this para­ to be made, without interruption, against their graph. accumulated shares of the Community quota.

2. The Member States shall ensure that importers Article 4 of the said goods established in their territory have free access to the shares allocated to them. Each of the additional shares drawn pursuant to Article 3 shall be valid until the end of the period 3 . The Member States shall charge imports of the stipulated in Article 1 . said goods against their shares as and when the goods are entered for home use.

Article 5 4. The extent to which a Member State has used up its share shall be determined on the basis of the If, by 15 September 1975 , a Member State has not imports charged in accordance with paragraph 3 . used up its initial share, it shall, not later than 10 October 1975 , 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 are reasons for considering that such quantity might not Article 8 be used.

Member States shall inform the Commission at The Member States shall , not later than 10 October regular intervals of imports of the said product 1975, notify the Commission of the total imports of actually charged against their shares.

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Article9¶

The Member States and the Commission shall cooperate closely in order to ensure that this Regula- This Regulation shall enter into force on 1 January tion is observed . 1975 .

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

Done at Brussels , 18 November 1974.

For the Council The President

Ch . BONNET