31974R2925
No L 315 / 36 Official Journal of the European Communities 26 . 11 . 74
REGULATION (EEC ) No 2925 /74 OF THE COUNCIL of 18 November 1974 opening, allocating and providing for the administration of Community tariff quotas for certain textile products falling within heading Nos 55.05 and 55.09 and subheading ex 58.01 A of the Common Customs Tariff, coming from Turkey ( 1975 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES , for woven fabrics of cotton :
1 000 metric tons to the Community as originally Having regard to the Treaty establishing the constituted, 20 metric tons to Denmark, 10 metric tons to Ireland and 360 metric tons to the European Economic Community, and in particular Article 113 thereof ; United Kingdom ;
Having regard to the proposal from the Commission ; Whereas, moreover, it appears desirable to provide for an initial provisional adjustment of the tariff advantages for these goods : Whereas, pending the entry into force of the Supplementary Protocol signed in Ankara on 30 June 1973 containing the adjustments to be made — for the Community as originally constituted, by a total suspension of the customs duties of the to the Agreement establishing an Association Common Customs Tariff, and an increase of between the European Economic Community and 50% of the volume of quotas allocated to these Turkey and to the Additional Protocol (*) consequent on the accession of new Member States, Member States ; the Community has undertaken, in an Interim Agreement (2 ) which runs only for the period prior — for the new Member States , by a total suspension to the entry into force of this Supplementary of the duties applicable within the limits of the Protocol which is applicable until 31 December 1974 quotas fixed above, increased by 50% ; but which has been extended for 1975 in accordance with the terms laid down in Article 13 thereof, to implement certain provisions of the Supplementary Whereas these adjustments may, if necessary, be Protocol relating to trade in goods ; whereas, under reviewed during the quota year ; Article 6 of this Interim Agreement amending Article 1 of Annex 2 to the Additional Protocol, the Community must reduce by 75% the customs Whereas pursuant to Article 1 of Annex 2 to the duties on imports from Turkey of certain textile Supplementary Protocol , together with Article 2 of products falling within heading Nos 55.05 and 55.09 the Interim Agreement, for the duration of 1975 in of the Common Customs Tariff, within the limit of particular, the Community must reduce by 25% the annual Community tariff quotas of 390 metric tons duties applicable in respect of third countries to for cotton yarn and 1 390 metric tons for woven carpets , carpeting and rugs , knotted (made up or not) fabrics of cotton, whereas the abovementioned of wool or of fine animal hair, ( excluding hand-made Article 6 allocates these Community tariff quotas as carpets, carpeting and rugs ) imported from Turkey ; follows : whereas it also appears advisable to improve this tariff advantage provisionally by means of a total suspension of the duties applicable to the products — for cotton yarn : in question within a Community tariff quota initially fixed at 160 metric tons and allocated in accordance 300 metric tons to the Community as originally with the same percentages as those adopted for 1974 constituted, 40 metric tons to Denmark, 10 metric tons to Ireland and 40 metric tons to the United under the generalized tariff preferences ; Kingdom ; Whereas, in order to comply with the special provisions of the Interim Agreement, different systems should be provided for the Member States (x) OJ No L 293 , 29. 12 . 1972 , p. 4 of the Community as originally constituted and for (2) OJ No L 277 , 3 . 10. 1973 , p. 2 . the new Member States ;
26 . 11 . 74 Official Journal of the European Communities No L 315 / 37
Whereas, as regards the Community as originally development of the market in the product constituted : concerned, such allocation shall be in proportion to the needs of the Member States, assessed by reference both to the statistics of each State's — it is necessary to guarantee to all Community imports from Turkey over a representative period importers equal and uninterrupted access to the and to the economic outlook for the quota period abovementioned quotas and uninterrupted appli concerned ; whereas , in spite of the limited need cation of the rate laid down for those quotas for imports from Turkey of the products to all imports of the product concerned into all concerned , as shown by the statistics for the Member States until the quota has been used majority of the Member States , the Community up ; character of the tariff quotas concerned should be safeguarded by making provisions to cover — in the light of the principles mentioned above, needs which might arise in these Member States ; the Community nature of the quotas can best be respected by allocating the Community tariff — imports into the various Member States from quotas among the Member States ; whereas, in Turkey were as follows during the last three order to reflect most accurately the actual years for which complete statistics are available :
1971 1972 1973 metric tons % metric tons % metric tons %
Cotton yarn Germany 8 4.58 49-19 11 736 48-35 10 734 42-79 Benelux 4 626 26-90 6 144 25-31 6 795 27-08 France 242 1-41 412 1-70 162 0-65 Italy 3 867 22-50 5 982 24-64 7 397 29-48
Other woven fabrics of cotton Germany 371 13-99 570 21-17 877 30-99 Benelux 848 31-97 995 36-96 953 33-67 France 603 22-74 747 27-75 412 14-56 Italy 830 31-30 380 14-12 588 20-78
in view of these figures and foreseeable market which have used up their initial shares ; whereas , trends for the products concerned during 1975 , in order to ensure a certain degree of security the initial shares may be fixed approximately at to importers , the first instalment should be the following percentages : determined at a relatively high level, which, under present circumstances , may be about 80% Cotton yarn Other woven fabrics of cotton of each quota volume ; Germany 43-8 23-1 Benelux 19-7 30-8 the initial quota shares of the Member States France 5-2 34-6 may be used up at different times ; whereas, in order to take this fact into account and avoid Italy 31-3 11-5 any break in continuity, it is important that any in order to take into account the uncertainty of Member State having used up almost the whole the import trends for the products concerned in of one of its initial quota shares should draw the Member States , the quota volumes should be an additional quota share from the corresponding divided into two instalments , the first instalment reserve ; whereas, this must be done by each being allocated to the Member States and the Member State as and when each of its additional second held as a reserve intended ultimately to quota shares is almost entirely used up and cover the requirements of those Member States repeated as many times as each of the reserves
No L 315/38 Official Journal of the European Communities 26. 11 . 74
allows ; whereas each of the initial and additional Whereas as regards the new Member States in quota shares must be available for use until the particular : end of the quota period ; whereas this method of administration calls for close cooperation — the quota volumes to be allocated to thqse new between Member States and the Commission, Member States under Article 6 of the Interim which must, in particular, be able to observe the Agreement, as well as the duties to be applied extent to which the quota amount is used and in those Member States for the purposes of inform Member States thereof ; these quotas determined in accordance with Article 2 of the said Agreement, are to be adjusted as set out below ; — if, at a specified date in the quota period, a considerable balance remains in one or other — equal and uninterrupted access to the quotas Member State it is essential that that Member should be ensured to all importers and the duties State pays a percentage of it back into the should be applied without interruption to all corresponding reserve to prevent a part of the imports of the products concerned until the Community quota from remaining unused in one quotas have been used up, Member State when it could be used in others ;
HAS ADOPTED THIS REGULATION : — since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Article 1 Luxembourg are united in and represented by the Benelux Economic Union , all transactions 1 . From 1 January to 31 December 1975 , Com concerning the administration of shares granted munity tariff quotas shall be opened for the to the abovementioned Economic Union may be following products coming from Turkey, as shown carried out by any one of its members ; below :
CCT Quota heading Description ( metric tons ) No
55.05 Cotton yarn , not put up for retail sale 885 55.09 Other woven fabrics of cotton 2 085
58.01 Carpets , carpeting and rugs ( made up or not) ex A. Of wool or of fine animal hair excluding handmade carpets , carpeting and rugs 160
2 . The quotas shall be allocated and administered 112 metric tons for carpets made of wool or fine in accordance with the following provisions . animal hair .
SECTION I
Article 3 Provisions applicable to the Community as originally constituted
1 . The quotas referred to in Article 2 shall be divided into two instalments . Article 2
1 . Within the quota customs tariff duties shall be 2 . The first instalment of each of these quotas shall totally suspended within the limit of 750 metric tons be shared amongst the Member States ; the shares for cotton yarn not put up for retail sale, 1 500 which, subject to Article 6, shall be valid until metric tons for other woven fabrics of cotton , and 31 December 1975 shall be as follows :
26 . 11.74 Official Journal of the European Communities No L 315 / 39
( metric tons) Article 6 CCT heading No 55 . OS 55.09 ex 58.01 A If, on 15 September 1975 , a Member State has not used up one or other of its initial shares, it shall, 252 240 34-7 not later than 10 October 1975 , return to the reserve Germany the unused portion of this share in excess of 20% Benelux 113 320 12-9 of the initial amount. It may return a larger quantity if there are reasons to consider that this may not France 30 360 24-4 be used . Italy 180 120 18-0 The Member States shall , not later than 10 October 1975 , notify the Commission of the The second instalment of each quota, amounting total imports of the products concerned effected to 175 , 460 and 22 metric tons respectively, shall under the Community quotas up to and including make up the corresponding reserve. 15 September 1975 and, where appropriate, the proportion of each of their initial shares that they are returning to each of the reserves . Article 4
1 . If 90% or more of one of any Member State's Article 7 initial shares, as laid down in Article 3 (2) or 90% of that share less the amount returned into the The Commission shall keep account of the shares corresponding reserve where Article 6 has been opened by Member States in accordance with applied, has been used up , that Member State shall Articles 3 and 4, and shall inform each of them of without delay, by notifying the Commission, draw the extent to which the reserves have been used as a second share in the quota equal to 15% of its soon as it receives the notifications . initial share, rounded up to the next unit where appropriate, to the extent that the amount in the reserve allows . ft shall, not later than 15 October 1975 , notify the Member States of the state of each of the reserves after the return of shares pursuant to Article 6 . 2 . If, after one or other of its initial shares has been used up, 90% or more of the second share It shall ensure that any drawing which uses up drawn by one of the Member States has been used a reserve is limited to the balance available and , for up, that Member State shall , in the manner provided this purpose, shall specify the amount thereof to the for in paragraph 1 , draw a third share equal to Member State which makes the final drawing. 7-5% of its initial share .
3 . If, after one or other of its second shares has been Article 8 used up, 90% or more of the third share drawn by a Member State has been used up, the latter The Member States shall take all measures necessary shall , in the same manner, draw a fourth share to ensure that, when additional shares are drawn equal to the third . pursuant to Article 4, it is possible for imports to be counted without interruption against their This procedure shall be followed until the reserve accumulated shares of the Community tariff quotas . has been exhausted .
4. Notwithstanding paragraphs 1 , 2 and 3 , Member States may draw smaller shares than those fixed in SECTION II those paragraphs if there is reason to believe that those shares might not be used up . They shall inform the Commission of their reasons for applying this Provisions applicable to the new Member States paragraph .
Article 9 Article 5 1 . Within the tariff quotas referred to in Article 1 , Each of the additional shares drawn pursuant to the following shares shall be allocated to the new Article 4 shall be valid until 31 December 1975 . Member States :
No L 315 / 40 Official Journal of the European Communities 26 . 11 . 74
(metric tons ) 2 . The Member States shall count imports of the CCT heading No products concerned against their shares as and when 55.05 55.09 ex 58.01 A such products are presented for customs clearance under cover of a declaration that they have been made available for consumption. Denmark 60 30 11-2 Ireland 15 15 1-6 3 . The extent to which the Member States' shares 60 540 35-2 have been used up shall be established on the basis United Kingdom of imports counted in accordance with paragraph 2.
Article 11 2 . Within the limits of these quotas, the new Mem ber States shall apply zero duties for the textile Member States shall inform the Commission at products concerned. regular intervals of imports of the products concerned actually counted against their shares .
SECTION III Article 12
General Provisions The Member States and the Commission shall cooperate closely in order to ensure that this Article 10 Regulation is respected .
1 . The Member States shall take all measures Article 13 necessary to ensure for importers of the products concerned established in their territory free access This Regulation shall enter into force on 1 January to the shares allocated to them. 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