31974R2918
26 . 11.74 Official Journal of the European Communities No L 315 / 15
REGULATION (EEC ) No 2918/74 OF THE COUNCIL
of 18 November 1974
opening, allocating and providing for the administration of a Community tariff quota for man-made fibres (discontinuous or waste), carded, combed or otherwise prepared for spinning falling within heading No 56.04 of the Common Customs Tariff, originating in Malta
THE COUNCIL OF THE EUROPEAN COMMUNITIES , laid down in the Agreement should be confined to the original Member States and the additional volume of 300 metric tons resulting from the increase Having regard to the Treaty establishing the should be allocated to all Member States ; European Economic Community, and in particular Article 113 thereof ; Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted Having regard to the proposal from the Com access to the abovementioned quota and uninter mission ; rupted application of the rate laid down for that quota to all imports of the product concerned into Whereas the Agreement between the European all Member States until the quota has been used Economic Community and Malta, signed at Valetta up ; whereas, having regard to the principles on 5 December 1970 , provides in Article 3 ( 1 ), mentioned above, the Community nature of the together with Article 2 of Annex I, for the opening quota can be respected by allocating the Community by the Community of an annual Community tariff tariff quota among the Member States ; whereas, in quota of 600 metric tons of man-made fibres order to reflect more accurately the actual develop ( discontinuous or waste ), carded, combed, or other ment of the market in the product concerned , such wise prepared for spinning falling within heading allocation should be in proportion to the needs of No 56.04 of the Common Customs Tariff, the Member States, assessed by reference to both the originating in Malta ; whereas, pursuant to Article 1 statistics of each State 's imports of the said goods of the said Annex, the quota duty is equal to 30 % from Malta over a representative period and the of the Common Customs Tariff duty in respect of economic outlook for the quota period concerned ; the product concerned ; whereas , with a view to granting Malta a treatment not less favourable than generalized system of preferences, the above Whereas , during the last three years for which mentioned volume should be increased by 50% and statistics are available , the corresponding imports by the duties totally suspended ; whereas, as regards each of the Member States represent the following and the duties totally suspended ; whereas, as regards percentages of the imports into the Community from the allocation of this tariff quota, the quota volume Malta of the products concerned :
1971 1972 1973
— — — — — — Cermany Benelux 7-7 1. -7 — — — — France — — — — — 92-3 20-3 100 66· 8 — — Italy
Denmark — — — — Ireland 10-4 15-5 — — 67 -6 17-7 — — United Kingdom
No L 315 / 16 Official Journal of the European Communities 26 . 11 . 74
Whereas, both these percentages and the estimates Benelux Economic Union, all transactions concerning from certain Member States as well as the practical the administration of shares granted to the need to ensure that the obligations contracted under abovementioned Economic Union may be carried out the Agreement concerned are allocated fairly among by any one of its members , all the Member States ; whereas, initial quota shares may consequently be fixed approximately as follows : HAS ADOPTED THIS REGULATION : Benelux 10-0 Denmark 3-3 Article 1 France 13-3 Germany 10-0 1 . From 1 January to 31 December 1975, a Com Ireland 5-0 munity tariff quota of 900 metric tons shall be opened in the Community for man-made fibres ■ Italy 41-8 ( discontinuous or waste ), carded , combed or United Kingdom 16-6 otherwise prepared for spinning falling within heading No 56.04 of the Common Customs Tariff, originating in Malta . Whereas, in order to take into account import trends for the products concerned in the different Member States, the quota amount should be divided into two 2 . Within the limits of this tariff quota the Com tranches, the first tranche being allocated among the munity Common Customs Tariff duties shall be Member States and the second forming a reserve totally suspended. intended ultimately to cover the requirements of the Member States which have used up their initial This suspension shall be fully applied in the new shares ; whereas, in order to ensure a certain degree Member States . of security to importers in each Member State, the first tranche of the Community quota should be Article 2 determined at a level which, under present circum stances, may be approximately 65% of the quota amount ; 1 . A first tranche of 575 metric tons of the Com munity tariff quota referred to in Article 1 shall be shared among the Member States ; the proportions Whereas the initial shares of the Member States may which, subject to Article 5 , shall be valid until be used up at different times ; whereas, in order to 31 December 1975 shall consist of the following take this fact into account and avoid any break in amounts : continuity, it is important that any Member State having used up almost the whole of its initial share Benelux 60 metric tons should draw an additional share from the reserve ; Denmark 20 metric tons whereas , this must be done by each Member State as and when each of its additional shares is almost France 80 metric tons entirely used up, and repeated as many times as the Germany 60 metric tons reserve allows ; whereas the initial and additional shares must be available for use until the end of Ireland 30 metric tons the quota period ; whereas this method of Italy 250 metric tons administration calls for close cooperation between United Kingdom 75 metric tons Member States and the Commission , which must, in particular, be able to observe the extent to which 2 . The second tranche of 325 metric tons shall the quota amount is used and inform Member States constitute the reserve . thereof ;
Whereas if, at a specified date in the quota period, Article 3 a considerable balance remains in one or other Member State it is essential that that Member State 1 . If 90% or more of the initial share of a Member pays a large amount of it back into the reserve to State, as laid down in Article 2 ( 1 ), or 90% of that prevent a part of the Community quota from share less the amount returned into the reserve, remaining unused in one Member State when it where the provisions of Article 5 have been applied, could be used in others ; has been exhausted, that Member State shall proceed without delay, by notifying the Commission, to draw Whereas, since the Kingdom of Belgium, the King a second share equal to 15% of its initial share, dom of the Netherlands and the Grand Duchy of rounded up to the next unit where appropriate, to Luxembourg are united in and represented bv the the extent that the amount in the reserve allows .
26 . 11 . 74 Official Journal of the European Communities No L 315 / 17
2 . If, after its initial share has been exhausted, 90% Articles 2 and 3 and shall inform each of them of the or more of the second share drawn by a Member extent to which the reserve has been used as soon State has been used, that Member State shall , in as it receives the notifications . accordance with the conditions laid down in The Commission shall , not later than paragraph 1 , procee4 to draw a third share equal 15 October 1975 , notify Member States of the to 7-5% of its initial share, rounded up to the next amount in the reserve after the return of shares unit where appropriate , to the extent that the amount in the reserve allows . pursuant to Article 5 .
The Commission shall ensure that any drawing 3 . If, after its second share has been exhausted, which uses up the reserve is limited to the balance 90% or more of the third share drawn by a Member available and, for this purpose, shall specify the State has been used , that Member State shall amount thereof to the Member State which makes proceed, in the same way, to draw a fourth share the final drawing. equal to the third . Article 7 This process shall be applied until the reserve is exhausted . 1 . The Member States shall take all appropriate 4. Notwithstanding the provisions of paragraphs 1 , measures to ensure that, when additional shares are 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 if there is reason to believe that they might not be accumulated shares of the Community quota. used up . They shall inform the Commission of the reasons which led them to apply this paragraph. 2. The Member States shall ensure that importers of the product concerned established in their territory have free access to the shares allocated to Article 4 them . Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1975 . 3 . The Member States shall charge imports of the 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 If, by 15 September 1975 , a Member State has not up its share shall be determined on the basis of used up its initial share , it shall , not later than the imports charged in accordance with paragraph 3 . 10 October 1975 , return to the reserve the unused portion of this share in excess of 20% of the initial Article 8 amount . It may return a larger quantity if there is reason to believe that such quantity might not be Member States shall inform the Commission at 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 the product in question effected up to Article 9 and including 15 September 1975 and charged The Member States and the Commission shall against the Community quota and, where appro cooperate closely in order to ensure that this priate, the proportion of their initial share that is Regulation is observed . being returned to the reserve.
Article6¶
The Commission shall keep account of the shares This Regulation shall enter into force on opened by Member States in accordance with 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