31974R2916

26 . 11.74 Official Journal . of the European Communities No L 315 /9

REGULATION (EEC ) No 2916/74 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 Israel

THE COUNCIL OF THE EUROPEAN COMMUNITIES , requirements of the Member States calculated from both statistics of imports from Israel during a rep­ resentative reference period and the economic Having regard to the Treaty establishing the Euro­ outlook for the tariff period in question ; pean Economic Community, and in particular Article 113 thereof ;

Whereas, during the last three years for which Having regard to the proposal from the Commission ; statistics are available, the corresponding imports by each of the Member States represent the following percentages of the imports into the Community from Whereas the Agreement between the European Israel of the products concerned : Economic Community and the State of Israel , signed at Luxembourg on 29 June 1970, provides in Article 2 ( 1 ), together with Article 3 of Annex I, 1971 1972 1973 for the opening by the Community for the period from 1 January 1975 to 30 September 1975 of a Community tariff quota of 225 metric tons of other Germany 89-9 94-5 89·8 woven fabrics of cotton falling within heading Benelux — 0-5 0-1 No 55.09 of the Common Customs Tariff, France 2-5 2-5 4-6 originating in Israel ; whereas , pursuant to Article 1 of the said Annex, the quota duty is equal to 50% Italy 7 -6 2-5 5-5 of the Common Customs Tariff duty in respect of the product concerned ; whereas, therefore, a Com­ munity tariff quota of 225 metric tons at duty rates of 6-5% , 7% , 7% and 7-5% for products falling within subheadings 55.09 A I, A II, B I and B II Whereas, in view of these factors and of the estimates respectively should be opened ; submitted by certain Member States, initial quotas may be fixed approximately at the following percen­ tages : Whereas the Community tariff quota in question should be opened for the year 1975 ; and whereas, however, because of the possibility of implementing Germany 88-9 other preferential arrangements as a result of a new Benelux 1-3 agreement between the European Economic Commu­ nity and the State of Israel, it is necessary to limit France 4-5 the quota period to the date the new Agreement enters into force . Italy 5-3

Whereas equal and continuous access to the quota should be ensured for all Community importers and Whereas, to take account of future import trends in the rate of levy for the tariff quota should be applied the various Member States for the products con­ consistently to all imports of the product in question cerned, each quota volume should be divided into until the quota is used up ; whereas a Community two tranches , the first being allocated amongst the tariff arrangement based on an allocation between Member States and the second held as a reserve to the Member States would seem to preserve the cover at a later date the requirements of Member Community nature of the quota ; whereas, to States which have used up their initial share ; whereas, represent as closely as possible the actual develop­ to give importers some certainty, the first tranche ment of the market in the product in question, of each Community tariff quota could be fixed at the allocation should follow proportionately the about 75% of the quota volumes ;

No L 315/ 10 Official Journal of the European Communities 26 . 11 . 74

Whereas the initial shares may be used up more or Whereas, since the Kingdom of Belgium, the Kingdom less quickly ; whereas, therefore, to avoid disruption of the Netherlands and the Grand Duchy of Luxem­ of supplies, any Member State which has almost used bourg are jointly represented by the Benelux Econ­ up its initial share must draw a supplementary share omic Union, any measure concerning the adminis­ from the reserve ; whereas this must be done by each tration of the shares allocated to that Economic Union Member State as each one of its supplementary shares may be carried out by any one of its members, is almost used up, and as many times as the reserve allows ; whereas each initial and supplementary share must be valid until the end of the quota period ; whereas this form of administration requires close HAS ADOPTED THIS REGULATION : collaboration between the Member States and the Commission, and the Commission must be in a pos­ ition to follow the extent to which the tariff quotas Article 1 have been used up and inform the Member States thereof ; From 1 January 1975 until the date of entry into force of a new Agreement between the European Whereas if, at a given date in the quota period, a Economic Community and the State of Israel but considerable quantity of the initial share is left over not later than 30 September 1975 , the Common in a Member State, it is essential that each State Customs Tariff duties in respect of the products should return a significant proportion to the reserve originating in Israel set out in the table below shall to prevent a part of the Community quota from be partially suspended at the rates indicated for each remaining unused in one Member State when it could of them, within the limits of an overall Community be used in others ; tariff quota of 225 metric tons :

CCT Rate of duty heading Description % 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 6-5 II . Other 7-0 B. Other : I. Of a width of less than 85 cm 7-0 II . Other 7-5

Article2¶

1 . A first tranche of 169 metric tons of the Com­ 1 . If 90 % or more of a Member State's initial share munity tariff quota referred to in Article 1 shall be as specified in Article 2 ( 1 ), or of that share minus allocated among the Member States ; the shares the portion returned to the reserve where Article 5 is which, subject to Article 5 , shall be valid until the applied, has been used up, that Member State shall end of the period stipulated in Article 1 shall be as without delay, by notifying the Commission, draw follows : a second share equal to 15% of its initial share, rounded up where necessary to the next unit to the Germany 150 metric tons extent permitted by the amount of the reserve. Benelux 2 metric tons

France 8 metric tons 2. If, after its initial share has been used up, 90% or Italy 9 metric tons more of the second share drawn by a Member State has been used up , that Member State shall, in accord­ ance with the conditions imposed by paragraph 1 , 2 . A second tranche of 56 metric tons shall consti­ draw a third share, equal to 7-5% of its initial share, tute a reserve . rounded up where necessary to the next unit.

26 . 11.74 Official Journal of the European Communities No L 315 / 11

3 . If , after its second share has been used up, 90% It shall inform the Member States , not later than or more of the third share drawn by a Member State 5 August 1975 , of the amount still in reserve after has been used up, that Member State shall, in accord­ amounts have been returned thereto pursuant to ance with the same conditions , draw a fourth share Article 5 . equal to the third . It shall ensure that the drawing which uses up the This process shall continue to apply until the reserve reserve is limited to the balance available and to this is used up . end shall specify the amount thereof to the Member State making the last drawing. 4 . By way of derogation from paragraphs 1 to 3 , a Member State may draw shares lower than those Article 7 fixed in those paragraphs if there are grounds for believing that they may not be used up . It shall 1 . Member States shall take all measures necessary inform the Commission of its reasons for applying to ensure that supplementary shares drawn pursuant this paragraph . to Article 3 are opened in such a way that imports may be charged without interruption against their Article 4 accumulated shares in the Community quota .

2. Member States shall ensure that importers of the Supplementary shares drawn pursuant to Article 3 said goods established in their territory have free shall be valid until the end of the period stipulated access to the shares allocated to them . in Article 1 .

3 . Member States shall charge imports of the said Article 5 goods against their shares as and when such goods are entered for home use . A Member State which on 15 July 1975 has not used up its initial share shall return to the reserve not 4 . The extent to which a Member State has used later than 1 August 1975 the unused portion exceed­ up its share shall be determined on the basis of ing 20% of the initial amount. It may return a greater imports charged in accordance with paragraph 3 . portion if there are grounds for believing that it may not be used up . Article 8

Member States shall , not later than 1 August 1975 , notify the Commission of the total quantities of the Member States shall inform the Commission at regu­ said goods imported up to and including 15 July 1975 lar intervals of imports actually charged against their shares . and charged against the Community tariff quota and any quantities of the initial share returned to the reserve . Article 9

The Member States and the Commission shall co­ Article 6 operate closely in order to ensure that this Regulation is observed. The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 Article 10 and 3 and shall, as soon as it has been notified, inform each state of the extent to which the reserve This Regulation shall enter into force on has been used up . 1 January 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