31974R2917

No L 315 / 12 Official Journal of the European Communities 26 . 11.74

REGULATION (EEC) No 2917/74 OF THE COUNCIL of 18 November 1974

opening, allocation and providing for the administration of a Community tariff quota for cotton yarn falling within heading No 55.05 of the Common Customs Tariff, originating in Malta

THE COUNCIL OF THE EUROPEAN COMMUNITIES , fined to the original Member States and the additional volume of 375 metric tons resulting from the increase should be allocated to all Member States ; Having regard to the Treaty establishing the Euro­ pean Economic Community, and in particular Article 113 thereof ; Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted Having regard to the proposal from the Commission ; application of the rate laid down for that quota to all imports of the product concerned into all Member States until the quota has been used up ; whereas, Whereas the Agreement between the European Eco­ having regard to the principles mentioned above, the nomic Community and Malta, signed at Valetta on Community nature of the quota can be respected by 5 December 1970, provides in Article 3 ( 1 ), together allocating the Community tariff quota among the with Article 2 of Annex I, for the opening by the Member States ; whereas , in order to reflect more Community of an annual Community tariff quota accurately the actual development of the market in of 750 metric tons of cotton yarn not put up for the product concerned, such allocation should be in retail sale falling within heading No 55.05 of the proportion to the needs of the Member States, as­ Common Customs Tariff, originating in Malta ; sessed by reference to both the statistics of each whereas, pursuant to Article 1 of the said Annex, the State's imports of the said goods from Malta over quota duty is equal to 30 % of the Common Customs a representative period and the economic outlook for Tariff duty in respect of the product concerned ; the quota period concerned ; whereas, with a view to granting Malta a treatment not less favourable than that enjoyed by countries eligible for the generalized system of preferences, Whereas, during the last three years for which stat­ the abovementioned volume should be increased by istics are available, the corresponding imports by 50% and the duties totally suspended ; whereas, as each of the Member States represent the following regards the allocation of this tariff quota, the quota percentages of the imports into the Community, from volume laid down in the Agreement should be con­ Malta , of the products concerned :

I 1971 1972 1973 I

Germany 41-5 34-5 .57-3 51-4 45-5 39-8 Benelux 42-0 34-8 28-7 25-7 34-8 30-4 France 2-1 1-7 5-4 4-8 8-0 7-0 Italy 14-4 12-0 8-6 7-8 11-7 10-2

Denmark 0-1 0-0 Ireland 5-3 3-2 0-1 United Kingdom 11-7 7-0 12-5

26 . 11.74 Official Journal of the European Communities No L 315/ 13

Whereas, in view of these factors of the foreseeable administration of shares granted to the abovemen­ development during 1975 of the market for the prod­ tioned Economic Union may be carried out by any ucts in question and in particular of the estimates one of its members, submitted by certain Member States, initial quota shares may consequently be fixed approximately as follows : HAS ADOPTED THIS REGULATION : Benelux 21-0 Denmark 0-1 Article 1 France 5-6 1 . From 1 January to 31 December 1975 a tariff Germany 52-0 quota of 1 125 metric tons shall be opened in the Ireland 1-0 Community for cotton yarn not put up for retail 9-0 sale, falling within heading No 55.05 of the Common Italy Customs Tariff, originating in Malta. United Kingdom 11-3 2 . Within the limits of this tariff quota the Com­ Whereas, in order to take into account import trends munity Common Customs Tariff duties shall be for the products concerned in the different Member totally suspended . States, the quota amount should be divided into two tranches, the first tranche being allocated among the This suspension shall be fully applied in the new Member States and the second forming a reserve Member States . intended ultimately to cover the requirements of the Member States which have used up their initial quota Article 2 shares ; whereas , in order to ensure a certain degree of security to importers in each Member State, the first tranche of the Community quota should be 1 . A first tranche, amounting to 805 metric tons of determined at a level which, under present circum­ the Community tariff quota referred to in Article 1 , stances, may be approximately 70% of the quota shall be shared among the Member States ; the amount ; proportions which, subject to Article 5 , shall be valid until 31 December 1975 shall consist of the following amounts : Whereas the initial quota shares of the Member States may be used up at different times ; whereas, Germany 410 metric tons in order to take this fact into account and avoid any break in continuity, it is important that any Member Benelux 185 metric tons State having used up almost the whole of its initial France 50 metric tons quota share should draw an additional quota share Italy 80 metric tons from the reserve ; whereas this must be done by each Member State as and when each of its additional Denmark 1 metric ton quota shares is almost entirely used up, and repeated Ireland 9 metric tons as many times as the reserve allows ; whereas the initial and additional quota shares must be available United Kingdom 70 metric tons for use until the end of the quota period ; whereas this method of administration calls for close cooper­ 2 . The second tranche of 320 metric tons shall ation between Member States and the Commission, constitute the reserve. which must, in particular, be able to observe the extent to which the quota amount is used and inform Member States thereof ; Article 3

Whereas if, at a specified date in the quota period, 1 . If 90% or more of the initial share of a Member a considerable balance remains in one or other State, as laid down in Article 2 ( 1 ), or 90% of that Member State, it is essential that that Member State share less the amount returned into the reserve , where pays a large amount of it back into the reserve to the provisions of Article 5 have been applied, has prevent a part of the Community quota from been exhausted, that Member State shall proceed remaining unused in one Member State when it could without delay, by notifying the Commission, to draw be used in others ; 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 . Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxem­ bourg are united in and represented by the Benelux 2 . If, after its initial share has been exhausted, 90 % Economic Union, all transactions concerning the or more of the second share drawn by a Member

No L 3 15 / 14 Official Journal of the European Communities 26 . 11.74

State has been used , that Member State shall , in to which the reserve has been used as soon as it accordance with the conditions laid down in para­ received the notifications . graph 1 , proceed without delay to draw a third share The Commission shall, not later than 15 October equal to 7-5% of its initial share, rounded up to the 1975 , notify Member States of the amount in the next unit where appropriate, to the extent that the reserve after the return of shares pursuant to amount in the reserve allows . Article 5 . 3 . If, after its second share has been exhausted, 90% The Commission shall ensure that any drawing which or more of the third share drawn by a Member State uses up the reserve is limited to the balance available has been used , that Member State shall proceed, in and , for this purpose, shall specify the amount there­ the same way, to draw a fourth share equal to the of to the Member State which makes the final third . drawing.

This process shall be applied until the reserve is Article 7 exhausted . 1 . The Member States shall take all appropriate 4. Notwithstanding the provisions of paragraphs measures to ensure that, when additional shares are J , 2 and 3 , the Member States may proceed to draw drawn pursuant to Article 3 , it is possible for charges shares smaller than those fixed in those paragraphs , to be made without interruption against their ac­ if there is reason to believe that they might not be cumulated shares of the Community quota . used up . They shall inform the Commission of the 2. The Member States shall ensure that importers of reasons which led them to apply this paragraph . the product concerned established in their territory have free access to the shares allocated to them . Article 4 3 . The Member States shall charge imports of the Each of the additional shares drawn pursuant to said goods against their share as and when the goods Article 3 shall be valid until 31 December 1975 . are entered for home use .

4 . The extent to which a Member State has used Article 5 up its share shall be determined on the basis of the imports charged in accordance with paragraph 3 . If, by 15 September 1975 , a Member State has not used up its initial share, it shall, not later than 10 Oc­ tober 1975 , return to the reserve the unused portion Article 8 of this share in excess of 20% of the initial amount. It may return a larger quantity if there is reason to Member States shall inform the Commission at believe that such quantity might not be used . regular intervals of imports actually charged against their shares . The Member States shall , not later than 10 October 1975 , notify the Commission of the total imports of Article 9 the product concerned effected up to 15 September 1975 inclusive, and charged against the Community The Member States and the Commission shall quota and, where appropriate, the proportion of cooperate closely in order to ensure that this Regu­ their initial share that is being returned to the reserve . lation is observed .

Article 6 Article 10 The Commission shall keep account of the shares opened by Member States in accordance with Articles This Regulation shall enter into force on 1 January 2 and 3 and shall inform each of them of the extent 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