31975R3158

8 . 12 . 75 Official Journal of the European Communities No L 317/71

REGULATION (EEC) No 3158/75 OF THE COUNCIL

of 24 November 1975

opening, allocating and providing for the administration of a Community tariff quota for certain textile fibres, falling within heading No 56.04 of the Common Customs Tariff, originating in Cyprus ( 1976)

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

— equal and uninterrupted access to the quota Having regard to the Treaty establishing the should be ensured for all importers and quota European Economic Community, and in particular duties applied continuously to all imports of the Article 113 thereof; said products until the quota has been used up ;

Having regard to the proposal from the Commission ; — in the light of the above principles , the Community nature of the quota may best be preserved by an arrangement allocating it among these Member States ; whereas in order to provide Whereas the Agreement (*) establishing an association the most accurate reflection of actual market between the European Economic Community and trends for the said products , such allocation the Republic of Cyprus, hereinafter called 'the should be proportionate to the needs of these Agreement', and the Protocol (2 ) laying down Member States, calculated both from the certain provisions concerning that Agreement as a statistics for each Member State's imports from result of the accession of new Member States to the Cyprus over a representative reference period and European Economic Community, hereinafter called from economic prospects for the quota period in 'the Protocol', provide for the opening of an annual question ; Community tariff quota of 100 metric tons of man­ made fibres ( discontinuous or waste), carded, combed or otherwise prepared for spinning, falling within heading No 56.04 of the Common Customs Tariff, — however, as during the past three years no such originating in Cyprus ; whereas, pursuant to the Joint products originating in Cyprus have been Declaration in Article 2 of the Protocol , the tariff imported and as no forecast can be made for quota should be allocated among the Member States 1976, a significative and balanced participation as follows : 70 metric tons for the Community as by each of these States on this quota would originally constituted and 30 metric tons for the new ensure fair distribution among them ; Member States ; whereas Annex I to the Agreement provides that the duties applicable to the quota shall be equal to 30% of the Common Customs Tariff — in order to take account of import trends for duties ; whereas as regards the duties applicable to the products in question in the Member States goods within the limits of the quota by the new concerned, the quota amount should be divided Member States, the special provisions of the Protocol into two instalments, the first instalment being and of the Act of Accession (3) should be observed ; allocated among the same Member States, the whereas to comply with the special provisions of second instalment constituting a reserve intended the Protocol, separate arrangements should be made to cover the later requirements of Member States for the Member States of the Community as which have used up their initial quota shares ; originally constituted on the one hand, and for the whereas in order to ensure a certain degree of new Member States on the other ; security to importers in each Member State, the first instalment of the quota should be fixed in this case at approximately 75% ;

(!) OJ No L 133, 21 . 5 . 1973 , p. 1 . (2) OJ No L 133, 21 . 5 . 1973 , p. 88 . — the initial quota shares may be used up at (3) OJ No L 73 , 27. 3 . 1972, p. 14 . different times ; whereas, therefore, to avoid

No L 317/72 Official Journal of the European Communities 8 . 12 . 75

HAS ADOPTED THIS REGULATION : disruption of supplies, any Member State which has almost used up its initial quota share, shall draw an additional quota share from the reserve ; whereas this shall be done by each Member State Article 1 whenever one of its additional quota shares has been almost used up, and as many times as the reserve allows ; whereas the initial and additional From 1 January to 31 December 1976 a tariff quota quota shares shall be valid until the end of the of 100 metric tons shall be opened within the quota period ; whereas this form of administration Community in respect of man-made fibres requires close collaboration between the Member ( discontinuous or waste), carded, combed or other­ States and the Commission, and the Commission wise prepared for spinning, falling within heading must be in a position to follow the extent to No 56.04 of the Common Customs Tariff, which the quota volume has been used up and originating in Cyprus . This quota shall be allocated inform the Member States thereof; and administered in accordance with the following provisions .

if, at a given date in the quota period, a considerable quantity of the initial quota share SECTION I is left over in one of the Member States concerned, it is essential that that State should Provisions applicable to the Community as originally return a significant proportion to the reserve to constituted prevent a part of the quota allocated to the Community as originally constituted from remaining unused in one Member State when it Article 2 could be used in others ; The Common Customs Tariff duties shall be partially suspended at the rate indicated below for 70 metric since the Kingdom of Belgium, the Kingdom of tons of the quota referred to in Article 1 : the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Benelux Economic Union, any measure CCT Rate of duty concerning the administration of the quota Description heading No ( % ) shares allocated to that economic union may be carried out by any of its members;

56.04 Man-made fibres (discon­ tinuous or waste), carded, Whereas, as regards the new Member States : combed or otherwise pre­ pared for spinning : A. Synthetic textile fibres 2-5 pursuant to the Protocol, a gross amount of B. Regenerated textile 30 metric tons is allocated to the new Member fibres 3-0 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 those which faced the original Member States ; Article 3 whereas, therefore, the quota should be allocated equally among the new Member States in the same way ; 1 . A first instalment, amounting to 52 metric tons of the amount specified in Article 2, shall be allocated among the Member States ; the shares, which subject to Article 6 are valid until 31 December 1976, shall the quota duties shall be calculated by the new be as follows : Member States in accordance with Articles 3 , 4, 5 , 6 and 7 of the Protocol ; Germany 14 metric tons, Benelux 10 metric tons, France 15 metric tons, — equal and uninterrupted access to the quota Italy 13 metric tons . should be ensured for all importers and quota duties applied continuously to all imports of the products in question until the quota has been 2 . The second instalment of 18 metric tons shall used up, constitute the reserve .

8 . 12 . 75 Official Jqurnal of the European Communities No L 317/73

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 share opened by Member States in accordance with Articles 3 and 4 and shall inform each State of the less the amount returned into the reserve where the provisions of Article 6 have been applied, has been extent to which the reserve has been used up as soon as it receives the notifications . exhausted, that Member State shall proceed without delay, by notifying the Commission, to draw a second share, equal to 15% of its initial share, The Commission shall , not later than 5 October rounded up to the next unit. 1976, 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 which State has been used, that Member State shall proceed, uses up the reserve is limited to the balance available in accordance with the conditions laid down in and for this purpose shall specify the amount thereof paragraph 1 , to draw a third share, equal to 7-5% of to the Member State which makes the last drawing. its initial share, rounded up to the next unit where appropriate, to the extent that the reserve is sufficient. Article 8

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

This process shall be applied until the reserve is exhausted. SECTION II

4. Notwithstanding paragraphs 1 , 2 and 3 , the Provisions applicable to the new Member States Member States may proceed to draw shares smaller than those fixed in those paragraphs if there is reason Article 9 to believe that they might not be used up . They shall inform the Commission of the reasons which led Within the limits of the tariff quota referred to in them to apply this paragraph. Article 1 , the new Member States shall apply the duties laid down in the relevant provisions of the Act of Accession , the Agreement and the Protocol . Article 5

Article 10 Each of the additional shares drawn pursuant to Article 4 shall be valid until 31 December 1976 . Within the quota referred to in Article 1 , 30 metric tons shall be allocated to the new Member States as follows : Article 6 Denmark 10 metric tons, The Member States shall return to the reserve, not Ireland 8 metric tons , later than 1 October 1976, the unused portion of United Kingdom 12 metric tons . their initial share which, on 15 September 1976, is in excess of 20% of the initial amount. They may return a greater portion if there are grounds for believing SECTION III that such portion may not be used in full .

General provisions The Member States shall, not later than 1 October 1976, notify to the Commission of the total imports Article 11 of the said goods effected up to and including 15 September 1976, and charged against the Community quota and, where appropriate, the 1 . Member States shall ensure that importers of the proportion of their initial share that is being said goods established in their territory have free returned to the reserve . access to the share allocated to them .

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2. Member States shall charge imports of the said Article 13 goods against their shares as and when the goods are entered for home use. The Member States and the Commission shall cooperate closely in order to ensure that this 3 . The extent to which a Member State has used Regulation is observed. up its share shall be determined on the basis of the imports charged in accordance with paragraph 2.

Article 12 Article 14 On receipt of a request from the Commission, Member States shall inform it of imports actually This Regulation shall enter into force on 1 January charged against their shares. 1976 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 24 November 1975 .

For the Council

The President

B. VISENTINI