31974R2927

No L 315 /46 Official Journal of the European Communities 26 . 11.74

REGULATION (EEC) No 2927/74 OF THE COUNCIL of 18 November 1974 opening, allocating and providing for the administration of a Community tariff quota for other woven fabrics of cotton falling within heading No 55.09 of the Common Customs Tar ff, originating in the Arab Republic of Egypt

THE COUNCIL OF THE EUROPEAN COMMUNITIES , duties applied continuously to all imports of the said products until the quota has been used up ;

Having regard to the Treaty establishing the Euro­ pean Economic Community, and in particular Art­ — in the light of the above principles, the Commu­ icle 113 thereof; nity nature of the quota may best be preserved by an arrangement allocating it among these Member States ; whereas in order to provide the Having regard to the proposal from the Commission ; most accurate reflection of actual market trends for the said products, such allocation should be Whereas the Agreement (*) between the European proportionate to the needs of these Member States , calculated both from the statistics for each Economic Community and the Arab Republic of Egypt and the Protocol (2) laying down certain pro­ Member State's imports from the Arab Republic visions relating to the Agreement between the Euro­ of Egypt over a representative reference period pean Economic Community and the Arab Republic of and from economic prospects for the quota period in question ; Egypt consequent on the accession of new Member States to the European Economic Community provides for the opening of an annual Community — over the past three years for which statistics are tariff quota of 3 250 metric tons of other woven fabrics of cotton falling within heading No 55.09 of available, the following percentages represent the respective imports of the Member States con­ the Common Customs Tariff, originating in the Arab Republic of Egypt ; whereas the Protocol provides cerned in relation to imports of the said products that the tariff quota should be allocated among the from the Arab Republic of Egypt into the Com­ Member States as follows : 2 500 metric tons for the munity as originally constituted : Community as originally constituted, 90 metric tons for Denmark, 10 metric tons for Ireland and 650 metric tons for the United Kingdom ; whereas Annex 1971 1972 1973 I to the Agreement provides that the duties applicable to the quota shall be equal to 45% of the duties of Germany 3-0 4-3 10-4 the Common Customs Tariff; whereas , as regards Benelux 27-2 29-3 31-9 the duties applicable to the quota by the new Mem­ ber States, the special provisions of the Protocol and France 1-2 10-0 1-1 of the Act of Accession should be complied with; Italy 68-6 56-4 56-6 whereas, to comply with the special provisions of the Protocol, separate arrangements should be made for the Member States of the Community as originally constituted, on the one hand , and for the new Mem­ ber States , on the other; — in view of these factors, of the foreseeable development during 1975 of the market for the Whereas as regards the Community as originally products in question and in particular of the constituted : estimates submitted by certain Member States initial quota shares may be fixed approximately as follows : ■ — equal and uninterrupted access to the quota should be ensured for all importers and quota Germany 15-8 Benelux 19-7 France 11-8 ( l) OJ No L 251 , 7. 9. 1973 , p. 13 . (•) OJ No L 251 , 7. 9. 1973 , p. 3 . Italy 52-7

26 . 11 . 74 Official Journal of the European Communities No L 315 /47

— in order to take account of import trends for the administration of the quota shares allocated to products in question in the Member States con­ that Economic Union may be carried out by any cerned, the quota amount should be divided into one of its members ; two instalments, the first instalment being allo­ cated among the same Member States, the second Whereas, as regards the new Member States : instalment constituting a reserve intended to cover — the quota duties shall be calculated by the new the later requirements of Member States which Member States in accordance with Articles 3 and have used up their initial quota shares ; whereas, 4 of the Protocol in order to ensure a certain degree of security to importers in each Member State , the first instal­ ment of the quota should be fixed in this case — equal and uninterrupted access to the quota at approximately 50% ; should be ensured for all importers and quota duties applied continuously to all imports of the products in question until the quota has been — the initial quota shares may be used up at differ­ used up, ent rates ; whereas, therefore, to avoid disruption of supplies, any Member State which has almost used up its initial quota share shall draw an HAS ADOPTED THIS REGULATION : additional quota share from the reserve ; whereas this shall be done by each Member State when­ ever one of its additional quota shares has been Article 1 almost used up, and as many times as the reserve allows ; whereas the initial and additional quota A Community tariff quota of 3 250 metric tons shall shares shall be valid until the end of the quota be opened from 1 January until 31 December 1975 period ; whereas this form of administration requires close collaboration between the Member for other woven fabrics of cotton falling within States and the Commission, and the Commission heading No 55.09 of the Common Customs Tariff, originating in the Arab Republic of Egypt. must be in a position to follow the extent to which the quota volume has been used up and inform the Member States thereof; This quota shall be allocated and administered in accordance with the provisions set out below.

— if, at a given date in the quota period, a consider­ able quantity of the initial quota share is left over in one of the Member States concerned, it is SECTION I essential that that State should return a significant proportion to the reserve to prevent a part of the quota allocated to the Community as originally Provisions applicable to the Community as constituted from remaining unused in one Mem­ originally constituted ber State when it could be used in others ;

Article 2 — since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxem­ The Common Customs Tariff duties shall be par­ bourg are united in and represented by the Bene­ tially suspended at the rate indicated below for 2 500 lux Economic Union, any measure concerning the metric tons of the quota referred to in Article 1 :

CCT Rate of duty heading Description % No

55.09 Other woven fabrics of cotton : A. Containing 85% or more by weight of cotton : I. Of a width or less than 85 cm 5-8 II . Other 6-3

B. Other : I. Of a width of less than 85 cm 6-3 II . Other 6 - 7

No L 315 /48 Official Journal of the European Communities 26 . 11.74

Article3¶

1 . A first instalment of 1 235 metric tons of the A Member State which on 15 September 1975 has amount mentioned in Article 2 shall be allocated not used up its initial quota share shall return to the among the Member States ; the shares which, subject reserve not later than 10 October 1975, the unused to Article 6, shall be valid until 31 December 1975 portion exceeding 20% of the initial amount. It may shall be : return a greater portion if there are grounds for believing that it may not be used up . Germany 205 metric tons Benelux 300 metric tons Member States shall, not later than 10 October 1975 , France 180 metric tons notify to the Commission the total quantities of the Italy 550 metric tons products in question imported up to and including 15 September 1975 and charged against the Com­ munity tariff quota and any quantities returned to 2 . The second instalment of 1 265 metric tons shall the reserve. make up the reserve.

Article4¶

1 . If 90% or more of a Member State 's initial quota The Commission shall keep an account of the quota share specified in Article 3 ( 1 ), or of that share less shares opened by the Member States pursuant to the portion returned to the reserve where Article 6 Article 3 and 4 and shall, as soon as information is applied, has been used up, that Member State shall reaches it, inform each State of the extent to which without delay, by notifying the Commission, draw the reserve has been used up . a second quota share, to the extent that the reserve is sufficient, equal to 15% of its initial quota share, rounded up to the next unit where necessary. It shall, not later than 15 October 1975 , inform the Member States of the amount still in reserve after returns have been made pursuant to Article 6. 2 . If, after its initial quota share has been used up , 90% or more of the second quota share drawn by It shall ensure that the drawing which uses up the a Member State has been used up, that Member reserve is limited to the balance available and to this State shall , in the manner laid down in paragraph 1 , end shall specify the amount thereof to the Member draw a third quota share equal to 7-5% of its initial State making the last drawing. quota share, rounded up where necessary to the next unit .

3 . If, after its second quota share has been used up, Article 8 90% or more of the third quota share drawn by a Member State has been used up, that Member State Member States shall take all necessary measures to shall, in the same manner, draw a fourth quota share ensure that additional shares taken up under Article equal to the third. 4 are so drawn as to allow for uninterrupted charges This procedure shall be followed until the reserve against their accumulated shares of the Community has been used up. quota .

4. Nothwithstanding paragraphs 1 to 3 , a Member State may draw smaller quota shares than those fixed SECTION II in those paragraphs, if there is reason to believe that those fixed might not be used up . It shall inform the Provisions applicable to the new Member States Commission of its reasons for applying this para­ graph. Article 9

Article 5 Within the tariff quota referred to in Article 1 , the new Member States shall apply duties calculated in Additional quota shares drawn pursuant to Article 4 accordance with the relevant provisions of the Act shall be valid until 31 December 1975 . of Accession, the Agreement and the Protocol .

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Article 10 cover of a declaration that they have been made available for consumption . 750 metric tons of the quota referred to in Article 1 shall be allocated among the new Member States as 3 . The extent to which Member States ' shares have follows : been used up shall be ascertained from imports charged under the conditions laid down in para­ Denmark 90 metric tons graph 2 . Ireland 10 metric tons United Kingdom 650 metric tons Article 12

Member States shall regularly inform the Commis­ SECTION III sion of imports of the said products originating in the Arab Republic of Egypt actually charged against their quota shares . General provisions

Article 13 Article 11 Member States and the Commission shall collaborate 1 . Member States shall ensure that the quota shares closely in order to ensure that the provisions of this allocated to them are freely accessible to importers Regulation are observed . of the products in question established in their territory. Article 14 2 . Member States shall charge imports of the products in question against their quota shares as the This Regulation shall enter into force on products are presented for customs clearance under 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