lagen.nu
31974R2923

31974R2923

CELEX
31974R2923
Datum
1974-11-18
Källa
eur-lex.europa.eu
Rättsakten gäller inte längreEUR-Lex anger att rättsakten upphörde att gälla 1975-12-31.

26 . 11.74 Official Journal of the European Communities No L 315 / 29

REGULATION (EEC) No 2923/74 OF THE COUNCIL of 18 November 1974 opening, allocating and providing for the administration of a Community tariff quota for men 's and boys ' outer garments falling within heading No 61.01 of the Common Customs Tariff, originating in Cyprus

THE COUNCIL OF THE EUROPEAN COMMUNITIES , all imports of the product concerned into all Member States until the quota has been used up ; whereas , having regard to the principles mentioned above, Having regard to the Treaty, establishing the Euro­ the Community nature of the quota can be respected by allocating the Community tariff quota among the pean Economic Community, and in particular Article 113 thereof ; Member States ; whereas , in order to reflect more accurately the actual development of the market in the product concerned , such allocation should be in Having regard to the proposal from the Commission ; proportion to the needs of the Member States , asses­ sed by reference to both the statistics of each State's imports of the said goods from Cyprus over a rep­ Whereas the Agreement (') establishing an associ­ resentative period and the economic outlooks for the ation between the European Economic Community quota period concerned ; and the Republic of Cyprus , hereinafter called the 'Agreement', and the Protocol ( 2 ) laying down certain provisions concerning that Agreement as a result of the accession of new Member States to the European However, as during the past three years no such Economic Community, hereinafter called the ' Proto­ products originating in Cyprus have been imported col ', provide for the opening of an annual Community into the Community as originally constituted and tariff quota of 500 metric tons of men 's and boys' whereas a minimal amount has been imported into outer garments falling within heading No 61.01 of only one of the new Member States ; whereas no the Common Customs Tariff, originating in Cyprus ; forecast can be made for 1975 ; whereas , to ensure whereas pursuant to the joint declaration on Article 2 fair distribution of the two quota amounts between of the Protocol the tariff quota should be allocated the Member States concerned , each Member State among the Member States as follows : 100 metric should make a significative contribution to the tons for the Community as originally constituted and relevant quota amount ; whereas such contributions 400 metric tons for the new Member States ; whereas may approximately correspond to the following Article 1 of Annex I to the Agreement provides percentages : that the duties applicable to the quota shall be equal to 30% of the Common Customs Tariff duties ; whereas, as regards the duties applicable to goods Benelux 27-8 within the limits of the quota by the new Member Germany 19-4 States , the special provisions of the Protocol and of France 27-8 the Act of Accession ( 3 ) should be observed ; whereas , Italy 25-0 to comply with the special provisions of the Protocol , Denmark 45-0 separate arrangements should be made for the Mem­ ber States of the Community as originally constituted Ireland 5-0 on the one hand and for the new Member States on United Kingdom 50-0 the other hand ;

Whereas it is in particular necessary to ensure to all Whereas, in order to take into account import trends Community importers equal and uninterrupted access for the products concerned in the different Member to the abovementioned quota and uninterrupted States , each of these amounts should be divided into application of the rate laid down for that quota to two tranches , the first tranche being allocated among the Member States and the second forming reserves intended ultimately to cover the requirements of the Member States which have used up their initial quota I1) OJ No L 133 , 21 . 5 . 1973 , p. 1 . shares ; whereas , in order to ensure a certain degree (2) OJ No L 133 , 21 . 5 . 1973 , p. 88 . of security to importers in each Member State, the (3) OJ No L 73 , 27 . 3 . 1972 , p. 14. first tranche of the Community quota should be

No L 315 /30 Official Journal of rhe European Communities 26 . 11 . 74

determined at a level which, under present circum­ 2 . Within the limits of 400 metric tons of the tariff stances, may be approximately 75% and 50% of the quota referred to in Article 1 , the new Member quota amount respectively ; States shall apply the duties laid down in the relevant provisions of the Act of Accession, the Agreement and the Protocol . "Whereas the initial shares of the Member States may be used up at different times ; whereas , in order to take this fact into account and avoid any break in Article 3 continuity, it is important that any Member State having used up almost the whole of its initial share should draw an additional share from the relevant 1 . A first tranche of 72 metric tons of the amount reserve ; whereas , this must be done by each Member specified in Article 2 ( 1 ) shall be allocated among State as and when each of its additional shares is the Member States of the Community as originally almost entirely used up, and repeated as many times constituted ; the shares which, subject to Article 6, are valid until 31 December 1975 shall be as follows : as the reserves allow ; whereas the initial and ad­ ditional shares must be available for use until the Germany 20 metric tons end of the quota period ; whereas this method of Benelux 14 metric tons administration calls for close cooperation between Member States and the Commission , which must, in France 20 metric tons particular, be able to observe the extent to which Italy 1 8 metric tons the quota amounts are used and inform Member States thereof ; The second tranche of 28 metric tons shall constitute the relevant reserve . Whereas if, at a specified date in the quota period, 2 . A first tranche of 200 metric tons of the amount a considerable balance remains in one or other mentioned in Article 2 ( 2 ) shall be distributed be­ Member State, it is essential that that Member State tween the new Member States ; the shares , which pays a large amount of it back into the reserve, in subject to Article 6 are valid until 31 December 1975 , order to prevent a part of the tariff quota from shall be as follows : remaining unused in one Member State when it could be used in others ; Denmark 90 metric tons Ireland 5 metric tons Whereas , since the Kingdom of Belgium, the Kingdom United Kingdom 105 metric tons of the Netherlands and the Grand Duchy of Luxem­ bourg are united in and represented by the Benelux The second tranche of 200 metric tons shall constitute Economic Union , all transactions concerning the the relevant reserve . administration of shares granted to the abovemen­ tioned Economic Union may be carried out by any one of its members , Article 4

1 . If 90% or more of the initial share of a Member HAS ADOPTED THIS REGULATION : State laid down in Article 3 , or 90% of that share less the amount returned into the relevant reserve where the provisions of Article 6 have been applied, Article 1 has been exhausted, that Member State shall proceed without delay, by notifying the Commission, to draw From 1 January to 31 December 1975 a tariff quota a second share, equal to 15% of its initial share, of 500 metric tons shall be opened within the Com­ rounded up to the next unit where appropriate, to munity in respect of men 's and boys' outer garments the extent that the relevant reserve is sufficient. falling within heading No 61.01 of the Common Customs Tariff, originating in Cyprus . This quota 2 . If, after its initial share has been exhausted, 90% shall be allocated and administered in accordance or more of the second share drawn by a Member with the provisions set out below . State has been used , that Member State shall proceed, in accordance with the conditions laid down in para­ graph 1 , to draw a third share, equal to 7-5% of its Article 2 initial share, rounded up to the next unit .

1 . The Common Customs Tariff duty shall be par­ 3 . If, after its second share has been exhausted, 90% tially suspended at the rate of 5-1% in respect of or more of the third share drawn by a Member State 100 metric tons of the quota referred to in Article 1 . has been used , that Member State shall proceed, in

26 . 11.74 Official Journal of the European Communities No L. 315 / 31

the same way, to draw a fourth share equal to the The Commission shall , not later than 15 October third . 1975 , notify the Member States of the amounts in the reserves after the return of shares pursuant to Article 6. This process shall be applied until the relevant reserve is exhausted . The Commission shall ensure that any drawing which 4 . Notwithstanding paragraphs 1 , 2 and 3 a Member uses up one or the other reserve is limited to the State may proceed to draw shares smaller than those balance available and for this purpose shall specify the amount thereof to the Member State which makes fixed in those paragraphs if there is reason to believe that they might not be used up. They shall inform the last drawing. the Commission of the reasons which led them to apply this paragraph. Article 8 1 . The Member States shall take all appropriate measures to ensure that when additional shares are Article 5 drawn pursuant to Article 4 it is possible for changes to be made without interruption against their Each of the additional shares drawn pursuant to accumulated shares of the Community quota . Article 4 shall be valid until 31 December 1975 . 2. The Member States shall ensure that importers of the said goods established in their territory have Article 6 free access to the share allocated to them .

If , by 15 September 1975 , a Member State has not 3 . The Member States shall charge imports of the used up its initial share, it shall, not later than 10 Oc­ said goods against their share as and when the goods are entered for home use . tober 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 is reason to 4. The extent to which a Member State used up its believe that such quantity might not be used . share shall be determined on the basis of the imports charged in accordance with paragraph 3 . The Member States shall , not later than 10 October 1975 , notify the Commission of the total imports of Article 9 the said goods effected up to and including 15 Sep­ tember 1975 and charged against the Community Member States shall inform the Commission at quota and , where appropriate , the proportion of their regular intervals of imports of the said products initial share that is being returned to the relevant actually charged against their shares . reserve . Article 10

The Member States and the Commission shall co­ Article 7 operate closely in order to ensure that this Regu­ lation is observed . The Commission shall keep an account of the shares opened by the Member States in accordance with Article 11 Articles 3 and 4 and shalb inform each State of the extent to which the reserves have been used up as This Regulation shall enter into force on soon as it receives the notifications . 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