31974R2922

26 . 11 . 74 Official Journal of the European Communities No L. 315 /25

REGULATION (EEC) No 2922/74 OF THE COUNCIL of 18 November 1974 on the opening , allocation and administration of a Community tariff quota for certain textile fibres falling within heading No 56.04 of the Common Customs Tariff, originating in Cyprus

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas, as regards the Community as originally constituted :

Having regard to the Treaty establishing the Euro­ pean Economic Community, and in particular Article — it is necessary to ensure to all importers equal 113 thereof; and uninterrupted access to the quota and uninterrupted application of the rates laid down for this quota to all imports of the products Having regard to the proposal from the Commission ; concerned until the quota has been used up ;

Whereas the Agreement ( 1 ) establishing an associ­ — in the light of the principles elicited above, the ation between the European Economic Community Community nature of the quota may be best and the Republic of Cyprus , hereinafter called the preserved by an arrangement allocating it among 'Agreement', and the Protocol ( 2) laying down the Member States ; whereas in order to reflect certain provisions concerning that Agreement as a result of the accession of new Member States to the more accurately the actual development of the market in the product concerned, such allocation European Economic Community, hereinafter called should be in proportion to the needs of the Mem­ the 'Protocol', provide for the opening of an annual ber States, assessed by reference to both statistics Community tariff quota of 100 metric tons of man­ of each State's imports of the said imports of the made fibres ( discontinuous or waste ), carded, combed said products originating in Cyprus over a repre­ or otherwise prepared for spinning, falling within sentative reference period and the economic heading No 56.04 of the Common Customs Tariff, outlook for the quota period concerned ; originating in Cyprus ; whereas , pursuant to the joint declaration in Article 2 of the Protocol , the tariff quota should be allocated among the Member States — however, as during the last three years no such as follows : 70 metric tons for the Community as products originating in Cyprus have been originally constituted and 30 metric tons for the imported and as no forecast can be made for new Member States ; whereas Annex 1 to the Agree­ 1975 , a significative and balanced participation ment provides that the duties applicable to the quota by each of these States on this quota would shall be equal to 30% of the Common Customs ensure fair distribution among them ; Tariff duties ; whereas as regards the duties applicable to goods within the limits of the quota by the new Member States, the special provisions of — in order to take into account import trends for the Protocol and of the Act of Accession ( 3 ) should the products concerned in the different Member be observed ; whereas to comply with the special States, the quota amount should be divided into provisions of the Protocol , separate arrangements two tranches , the first tranche being allocated should be made for the Member States of the among the Member States and the second forming Community as originally constituted on the one hand a reserve intended ultimately to cover the require­ and for the new Member States on the other hand ; ments of those Member States which have used up their initial shares ; whereas , in order to ensure a certain degree of security to importers in each Member State, the first tranche of the quota (') OJ No L 133 , 21 . 5 . 1973 , p. 1 . should be determined at a level which, under (2) OJ No L 133 , 21 . 5 . 1973 , p. 88 . present circumstances, may be approximately (3) OJ No L 73 , 27. 3 . 1972 , p. 14 . 75% ;

No L 315 / 26 Official Journal of the European Communities 26.11.74

— the initial share of the Member States may be equally among the new Member States in the used up more or less quickly ; whereas, in order same way ; to take this fact into account and to avoid any break in continuity , it is important that any Member State having almost used up its initial — the quota duties are to be calculated by the new share should draw an additional share from the Member States in accordance with Articles 3 , 4, reserve ; whereas this must be done by each 5 , 6 and 7 of the Protocol ; Member State as and when each of its additional shares is almost entirely used up, and repeated — it is necessary to ensure to all importers equal as many times as the reserve allows ; whereas the and uninterrupted access to the quota and initial and additional shares of the quota must uninterrupted application of the rates laid down be available for use until the end of the quota for this quota to all imports of the products period ; whereas this method of administration concerned until the quota has been used up , calls for close cooperation between Member States and the Commission , which must, in particular, be able to observe the extent to which the quota amount is used and inform Member HAS ADOPTED THIS REGULATION : States thereof ;

— if, at a specified date in the quota period, a considerable balance remains in one or other Article 1 Member State , it is essential that that Member State pays a large amount of it back into the From 1 January to 31 December 1975 a tariff quota reserve in order to prevent a part of the of 100 metric tons shall be opened within the Community quota from remaining unused in one Community in respect of man-made fibres Member State when it could be used in others ; ( discontinuous or waste), carded , combed or otherwise prepared for spinning, falling within — since the Kingdom of Belgium, the Kingdom of heading No 56.04 of the Common Customs Tariff, the Netherlands and the Grand Duchy of Luxem­ originating in Cyprus . This quota shall be allocated bourg are united in and jointly represented by the and administered in accordance with the following Benelux Economic Union , all transactions provisions . concerning the administration of shares granted to the abovementioned Economic Union may be carried out by any one of its members ; SECTION I

Whereas as regards the new Member States : Provisions applicable to the Community as originally constituted — pursuant to the Protocol , a gross amount of 30 metric tons is allocated to the new Member Article 2 States ; whereas, for the purposes of the allocation of this amount among them, both the past and the prospective future situations are the same as The Common Customs Tariff duties shall be partially those which faced the original Member States ; suspended at the rates indicated below in respect of whereas, therefore, the quota should be allocated 70 metric tons of the quota referred to in Article 1 :

CCT Rate of duty heading Description % No

56.04 Man-made fibres ( discontinuous or waste ), carded , combed or otherwise prepared for spinning : A. Synthetic textile fibres 2-5

B. Regenerated textile fibres 3 - 0

26 . 11 . 74 Official Journal of the European Communities No L 315 / 27

Article3¶

1 . A first tranche of 52 metric tons of the amount If, by 15 September 1975 , a Member State has not specified in Article 2 shall be allocated among the used up its initial share, it shall ' not later than Member States ; the shares which, subject to Article 6, 10 October 1975 return to the reserve the unused are valid until 31 December 1975 shall be as follows : portion of this share in excess of 20% of the initial amount . It may return a larger quantity if there is Germany 14 metric tons reason to believe that such quantity might not be Benelux 10 metric tons used .

France 15 metric tons The Member States shall , not later than 10 October Italv 13 metric tons 1975 , notify the Commission of the total imports of the said goods effected up to and including 15 September 1975 and charged against the Com­ 2 . The second tranche of 18 metric tons shall munity quota and, where appropriate, the proportion constitute the reserve . of their initial share that is being returned to the reserve .

Article4¶

1 . If 90% or more of the initial share of a Member The Commission shall keep account of the shares State laid down in Article 3 ( 1 ), or 90% of that opened by Member States in accordance with Articles share less the amount returned into the reserve where 3 and 4 and shall inform each State of the extent the provisions of Article 6 have been applied, has to which the reserve has been used up as soon as it been exhausted, that Member State shall proceed receives the notifications . without delay, by notifying the Commission, to draw a second share, equal to 15% of its initial share, The Commission shall , not later than 15 October rounded up to the next unit . 1975 , notify the Member States of the amount in reserve after the return of shares pursuant to Article 6 . 2. If, after its initial share has been exhausted, 90% or more of the second share drawn up by a Member The Commission shall ensure that any drawing State has been used, that Member State shall proceed, which uses up the reserve is limited to the balance in accordance with the conditions laid down in para­ available and for this purpose shall specify the graph 1 , to draw a third share, equal to 7-5% of its amount thereof to the Member State which makes initial share, rounded up to the next unit where makes the last drawing. appropriate, to the extent that the reserve is sufficient.

3 . If, after its second share has been exhausted, 90% or more of the third share drawn by a Member Article 8 State has been used , that Member State shall proceed , in the same way, to draw a fourth share The Member States shall take all appropriate equal to the third . measures to ensure that when additional shares are drawn pursuant to Article 4 it is possible for charges This process shall be applied until the reserve to be made, without interruption, against their exhausted . accumulated shares of the Community quota .

4. Notwithstanding paragraphs 1 , 2 and 3 , the Member States may proceed to draw shares smaller SECTION II than those fixed in those paragraphs if there is reason to believe that they might not be used up . They shall inform the Commission of the reasons which Provisions applicable to the new Member States led them to apply this paragraph.

Article 9 Article 5 Within the limits of the tariff quota referred to in Article 1 , the new Member States shall apply the Each of the additional shares drawn pursuant to duties laid down in the relevant provisions of the Article 4 shall be valid until 31 December 1975 . Act of Accession , the Agreement and the Protocol ,

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Article 10 3 . The extent to which a Member State has used up its share shall be determined on the basis of the Within the quota, 30 metric tons shall be allocated imports charged in accordance with paragraph 2 . to the new Member States as follows :

Denmark 10 metric tons Article 12 Ireland 8 metric tons Member States shall inform the Commission at United Kingdom 12 metric tons regular intervals of imports of the said products actually charged against their shares. SECTION III Article 13 General provisions Member States and the Commission shall cooperate Article 11 closely in order to ensure that this Regulation is observed . 1 . Member States shall ensure that importers of the said goods established in their territory have free access to the share allocated to them . Article 14 2 . Member States shall charge imports of the said goods against their shares as and when the goods This Regulation shall enter into force on 1 January are entered for home use . 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