CELEX: 51974PC0330
Language: en
Date: 1974-03-20
Title: DRAFT REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for polypropylene falling within subheading No 39.02 C VI of the Common Customs Tariff#DRAFT REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for acrylic textile fibre and yarn of acrylic textile, fibre falling respectively within subheadings Nos ex 56.04 A and ex 56.05 A of the Common Customs Tariff (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 330
Vol. 1974/0058
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concernant l'ouverture au public des archives historiques de la Communauté économique
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(74)330 Final
                                                   Brussels . 20 March 1974
                                    DRAFT
                      REGULATION (EEC ) OF THE COUNCIL
   on the opening , allocation and administration of a Community tariff
     quota for polypropylene falling within subheading No 39.02 C VI
                         of the Common Customs Tariff
                                     DRAFT
                     REGULATION (EEC ) OF THE COUNCIL
   on the opening , allocation and administration of a Community tariff
      quota for acrylic textile fibre and yarn of acrylic textile ,
       fibre falling respectively within subheadings Nos ex 56µ.04
               A and ex 56.05 A of the Common Customs Tariff
                ( submitted to the Council by the Commission )
    COM(74 ) 330 Final
 ---pagebreak--- t
                              EXPLA.M.TOKI MMORAMDUM
  1 . The draft Regulations annexed hereto follow a study of requests from a
      Member State that provision he made to allow the following products to
      he admitted at a zero rate of duty :
      - polypropylene falling within Tariff subheading No 39*01 C IV ,
      - synthetic textile fibre falling within Tariff subheading No ex 5^.04 A ,
         and
      - yarn of synthetic textile fibre falling with Tariff subheading
         No ex 56»05 A.
  2 . The requests were studied , in particular , at consultations with experts
      from all the Member States held on 12 February 1974 *     At that meeting
      it was accepted that there is an appreciable shortage of raw materials
      used in the manufacture of certain textile products .     This shortage is
      not due to inadequate production capacity but rather to special circums­
      tances , which at present affect the availability of raw materials in
      certain sectors of industry .    Moreover , the situation is not equally
      serious in all Member States .    As an appropriate means of remedying the
      present imbalance , it is proposed that zero-duty Community tariff quotas
      be opened for imports from non-Member countries of the products concerned.
  3 . The size of the quotas and their periodsof validity have been fixed in
      such a way as to make good the shortages mentioned above without thereby
      affecting Community production .    Hence , it is also proposed that a
      particular account should be taken when allocating initial quota shares
      of the needs of those Member States whose user industries are most
      affected by the present shortage .
  4 . Finally , it is proposed that imports should be counted against quota
      shares as and when they are entered for home use .
 ---pagebreak---                                                              ΑΪΓΝΕΧ 1
                                    Draft
                  REGULATION (EEC ) NO     /74 OP THE COUNCIL .
                             of
           on the opening , allocation and administration of a Community
           tariff quota foi4 polypropylene falling within subheading No
           39«02 C VI of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 28 thereof ;
Having regard to the draft Regulation submitted "by the Commission ;
Whereas there is at present a shortage in the Community of polypropylene
( subheading No 39»02 C IV of the Common Custons Tariff);       whereas such a
shortage could cause injury , to the relevant user industries , particularly in
certain Member States ;   whereas it is ; therefore desirable that a zero-duty
Community tariff quota of a sufficient size be opened ;     whereas in order
4hat Community production of the product concerned should not be affected
the tariff quota should be set at an amount corresponding to the require­
ments which cannot be met out of such production, namely 12 000 metrio tons ,
and should be valid until 31 December 1974 .
Whereas equal and continuous access to the tjuota should be ensured for all
Community importers and the rate of duty for the tariff quota should be
applied consistently to all imports on the product in question until the
quota is exhausted; whereas in the light of these principles, arrangements
for the utilization of the Community tariff quota based on an. allocation among
Member States would seem to be oonsisteirt with the Community nature of the
quota ;  whereas , in order that it may correspond as closely as possible
to the actual trend of the market in the product in question , allocation
of the quota should be in proportion to the requirements of the Member
States as calculated by reference to statistics of imports from third
countries during a representative reference period and to the economic
outlook for the quota period in question ;
                                       \
 ---pagebreak---                                    - 2 -
Whereas , however , since the quota in this case is an autonomous Community
tariff quota intended to cover occasional import needs arising in certain
Member States in particular , the initial allocation of shares may be
carried out on the basis of criteria established by reference inter alia
to the needs expressed by those Member States ;
Whereas , to take account of future import trends for the product concerned ,
the quota should be divided into two tranches , the first being allocated
and the second held as a reserve to cover subsequently the requirements
of Member States which have exhausted their initial shares ;   whereas , to
give importers some degree of certainty , the first tranche   of the quota
should be fixed at 65rfo of its full amount ;
Whereas Member States may exhaust their initial shares at different rates ;
whereas to avoid disruption of supplies on this account it should be
provided that any Member State which has almost used up its initial share
should draw an additional share from the reserve ;   whereas each time its
additional share is almost exhausted a Member State should draw a further
share , and so on as many times as the reserve allows ;  whereas the initial
and additional shares should be valid until the end of the quota period :
 ---pagebreak---                                    - 3 -
Whereas this form of administration requires close collaboration between
the Member States and the Commission , and the Commission must be in a
position to keep account of the extent to which the quota has been used
up and to inform the Member States accordingly ;
Whereas if at a given date in the quota period a considerable quantity of
a Member State 's initial share remains unused it is essential , to prevent
a part of the quota from remaining unused in one Member State while it
could be used in others , that such State should return a significant
proportion thereof to the reserve ;
Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands and
the Grand Duchy of Luxembourg are united within and jointly represented
by the Benelux Economic Union , any transaction in respect of the adminis­
tration of the shares allocated to that Economic Union may be carried out
by any one of its members ;
HAS ADOPTED THIS • REGULATION:
                                   Article 1
1 . There shall be opened with the Community for the period 1 April to
    31 December 1974 » in respect of polypropylene falling within subheading
    No 39*02 C IV of the Common Customs Tariff , a Community tariff quota of
    12 000 metric tons ,
2 . The Common Customs Tariff duty shall be totally suspended in respect of
    importations under the above quota.
3 . New Member States shall apply in respect of importations within the quota
    duties calculated in accordance with the relevant provisions of the Act
    of Accession .
 ---pagebreak---                                      - 4 -
                                    Article 2
1 . A first tranche of 8 000 metric tons shall be allocated among the
    Member States . The shares , which subject to Article 6 shall be valid
    until 31 December 1974 » shall be as follows :
    Benelux .... ■ 3 100 metric tons ;     Ireland        3 500 metric tons
    Denmark        1 000 metric tons       Italy            100 metric tons
    Germany          100 metric tons       United Kingdom   100 metric tons
    Prance           100 metric tons
2 . The second tranche , of 4 000 tons , shall constitute a reserve .
                                    Article 3
                                                                             \
1 . As soon as a Member State has used 9°Jfe or more of its initial share
    as fixed in Article 2(l ), or of that share minus any portion returned
    to the reserve pursuant to Article 5 »       shall forthwith , by notifying
    the Commission , draw a second share , to the extent that the reserve so
    permits , equal to 10^ of its initial share .
2 . As soon as a Member State , after exhausting its initial share , has used
    90$ or more of the second share drawn by it , that Member State shall
    forthwith , in the manner and to the extent provided in paragraph 1 ,
    draw a third share equal to 5$ of its initial share .
 ---pagebreak---                                    - 5 -
3 . As soon as a Member State , after exhausting its second share , has used
    90$ or more of the third share drawn by it , that Member State shall ,
    in the manner and to the extent provided in paragraph 1 , draw a fourth
    share equal to the third .
    It shall continue in this fashion until the reserve is exhausted .
4 . By way of derogation from paragraphs 1 , 2 and 3 » a Member State nay
    draw shares lower than those specified in those paragraphs if there
    are grounds for believing that those specified may not be used in full .
    Any Member State applying this paragraph shall inform the Commission
    of its grounds for so doing .
                                  Article 4
Additional shares drawn pursuant to Article 3 shall be valid until
31 December 1974 .
                                  Article 5
A Member State which on 15 September 1974 has not exhausted its initial
share shall not later than 10 October 1974 return to the reserve any
unused portion in excess of 20$ of the initial account .    It may return    /
a greater portion if there are grounds for believing that such portion
may not be used in full .
Member States shall , not later than 10 October 1974 » notify the Commission
of the total quantities of the product in question imported up to and
including 15 September 1974 and charged against the Community quota and
of any portion of their initial shares returned to the reserve .
 ---pagebreak---                                     - 6 -
                                   Article 6
The Commission shall keep an account of the shares opened by the Member
States pursuant to Articles 2 and 3 and shall , as soon as the information
reaches it , inform each State of the extent to which the reserve has "been
used up .
It shall , not later than 15 October 1974 » inform the Member States of the
amount still in reserve following any return of shares pursuant to
Article 5 .
It shall ensure that when an amount exhausting the reserve is drawn the
amount so drawn does not exceed the balance available , and to this end
shall notify the amount of that balance to the Member State making the
last drawing .
                                   Article 7
1 . Eveiy Member State shall take . all appropriate measures to ensure that
    shares drawn pursuant to Article 3 are opened in such a way that
    importations may be oharged without interruption against its accumulated
    share of the Community quota .
2 . Every Member State shall ensure that importers of the product in question
    established in its territory, have free access to the shares allocated
    to it .
3. Every Member State shall charge importations of the product in question
                                                     ι ' '          ' .
    against its share as and when the product is entered with the customs
    authorities for home use ,
4. The extent to which a Member State has used up its share shall be
    determined on the basis of the importations against that share in
    accordance with paragraph 3 .
 ---pagebreak---                                 Article 8
Every Member State shall notify the Commission at regular intervals of
the importations charged against its share .
                                Article 9
The Member States and the Commission shall cooperate closely to ensure that
this Regulation is complied with .
                                Article 10
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities.
This Regulation shall he "binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,
                                             Por the Council
                                              The President
 ---pagebreak---                                                            ANNEX II
                                   Draft
                 REGULATION (EEC ) No    /74 OP THE COUNCIL
                            of
         on the opening, allocation and administration of a Community
         tariff quota for aciylic textile fibre and yarn of aciylic
         textile fibre falling respectively within subheadings Nos ex
         56.04 A and ex 56.05 A of the Common Customs Tariff
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 28 thereof ;
Having regard to the draft Regulation submitted by the Commission;
Whereas there is at present a shortage in the Community of acrylic textile
fibre and yarn of acrylic textile fibre ( subheadings Nos ex 56. 04 A and
56.05 A of the Common Customs Tariff ); whereas such a shortage could
cause injury to the relevant user industries , particularly in certain
Member States ; whereas it is therefore desirable that a zero-duty
Community tariff quota of a sufficient size be opened ; whereas in order
that Community production of the products concerned should not be affected
the tariff quota should be set at amounts corresponding to the requirements
which cannot be met out of such production, namely 700 metric tons and
130 metric tons respectively , and should be valid until the 30 June 1974 ;
 ---pagebreak---                                                            AÏWEX II
Whereas equal and continuous access to the quota should be ensured for all
Community importers and the rate of duty tor the tariff quota should be
applied consistently to all imports of the products in question until the
quotas are exhausted ;   whereas in the li^it of these principles arrange­
ments for the utilization of the Community tariff quotas based on an
allocation among Member States would seem to be consistent with the
Community nature of the quota ;   whereas in order that it may correspond as
closely as possible to the actual trend of the market in the product in
question , allocation of the quotas should be in proportion to the require­
ments of the Member States as calculated by reference to statistics of
imports from third countries during a representative reference period and
to the economic outlook for the quota period in question ;
Whereas , however , since the quotas in this case are autonomous Community
tariff quotas intended to cover occasional import needs arising in certain
Member States in particular , the initial allocation of shares may be carried
out on the basis of criteria established by reference inter alia to the
needs of those Member States ;
Whereas , to take account of future import trends for the products concerned ,
eaoh quota should be divided into two tranches , the first being allocated
and the second held as a reserve to cover subsequently the requirements of
Member States which have exhausted their initial shares ;   whereas , to give
importers some degree of certainty , the first tranches of the two quotas
should be fixed at 8$ and 80$ respectively of their full amounts ;
 ---pagebreak---                                                            ANNEX II
Whereas Member States may exhaust their initial shares at different rates ;
whereas to avoid disruption of supplies on. this account it should be
provided that any Member State which has almost used up either of its
initial shares should draw an additional share from the reserve ;   whereas
each time its additional share is almost exhausted a Member States should
draw a further share , and so on as many times as the reserve allows ;
whereas the initial and additional shares should be valid until the end of
the quota period ;   whereas this form of administration requires close
collaboration between the Member States and the Commission , and the
Commission must be in a position to keep account of the extent to which
the quotas have been used up and to inform the Member States accordingly ;
Whereas if at a given date in the quota period a considerable quantity of
one or other of a Member State 's initial shares remains unused it is
essential , to prevent a part of a quota from remaining unused in one
Member State while it could be used in others , that such State should
return a significant proportion thereof to the reserve ;
Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands and
the Grand Duchy of Luxembourg are united within and jointly represented by
the Benelux Economic Union , any transaction in respect of the administration
of the shares allocated to that Economic Union may be carried out by anyone
of its members ;
HAS ADOPTED THIS REGULATION:
                                   Article 1
1 . There shall be opened within the Community for the period 1 April to
    30 June 1974       in respect of the products and in the amounts indicated
    herein , Community tariff quotas as follows :
 ---pagebreak---                                                                 AMEX II
    Common Customs Tariff No        Description              Amount of quota
    ex 56.04 A                  Acrylic textile fibre          700 metric tons
    ex 56.05 A                   Yalta of Aciylic textile      130 metric tons
                                 fibre
2 . The Common Customs Tariff duties shall he totally suspended in respect of
    importations under the above quotas .         .
3 . New Member States shall apply in respect of importations under the said
    quotas duties calculated in accordance with the relevant provisions of
    the Act of Accession .
  '                                   Article 2
1 . A first tranche of each quota shall be allocated among the Member States ;
    the shares , which subject to Article 5 shall be Valid until 30 June 1974 »
    shall be as follows :
                      Acrylic textile fibre            Yam of Acrylic textile
                      ex 56.04 A                       fibre ex 56.05 A
                                       ♦ •••-. .•
    Bénélux            10 metric tons : -                  5 metric tons
    Denmark           410 metric tons                      5 metric tons
    Germany            10 metric tons                      5 metric tons
    Prance             10 metric tons                      5 metric tons
    Ireland           110 metric tons                     70 metric tons
    Italy              10 metric tons                      5 metric tons
    United Kingdom     10 metric tons                      5 metric tons
2 . The second tranche of each tariff quota, of 130 metric tons and 30 metric
    tons respectively , shall constitute a reserve .
 ---pagebreak---                                                               AÏHJEX II
                                  Article 3
1 . As soon as a Member State has used JOfo or more of one of its initial
    shares as fixed in Article 2(l ), or of that share minus any portion
    returned to the reserve pursuant to Article 5 » it shall forthwith , by-
    notifying the Commission , draw a second share , to the extent that the
    reserve so permits , equal to ICffo of its initial share rounded as
    necessaiy up to the next whole number*
2 . As soon as a Member State , after exhausting one of its initial shares ,
    has used JOfo or more of the second share drawn by it , that Member State
    shall forthwith , in the manner and to the extent provided in paragraph 1 ,
    draw a third share equal to 5$ of its initial share .
3 . As soon as a Member State , after exhausting its second share , has used
    JOfo or more of the third share drawn by it , that Member State shall , in
    the manner and to the extent provided in paragraph 1 , draw a fourth
    share equal to the third.
    It shall continue in this fashion until the reserve is exhausted .
4 . By way of derogation from paragraphs 1 , 2 and 3 , a Member State may draw
    shares lower than those specified in those paragraphs if there are
    grounds for believing that those specified may not be used in full .
    Any Member State applying this paragraph shall inform 'the Commission of
    its grounds for so doing .
                                   Article 4
Additional shares drawn pursuant to Article 3 shall be valid until
30 June 1974 •
 ---pagebreak---                                     - 6 -
                                                            AMBX II
                                  Article 5
A Member State which on 15 May 1974 has not exhausted one of its initial
 shares shall not later than 10 June 1974 return to the reserve the unused
 portion in excess of 2C$ of the initial amount .    It may return a greater
 portion if there are grounds for "believing that such portion may not "be
used in full .
Member States shall , not later than 10 June 1974 » notify the Commission of
 the total quantities of the products in question imported up to and including
 15 May 1974 and charged against the Community quotas and of any portion of
 their initial shares returned to the reserve .
                                  Article 6
 The Commission shall keep an account of the shares opened "by the Member
 States pursuant to Article 2 , 3 and shall , as soon as the information
 reaches it , inform each State of the extent to which the reserves have
"been used up .
 It shall , not later than 15 June 1974 » inform the Member States of the
 amounts still in reserve following any return of shares pursuant to Article 5 *
 It shall ensure that when an amount exhausting one of the reserves is drawn
the amount so drawn does not exceed the "balance available , and to this end
 shall notify the amount of that balance to the Member State making the last
drawing .
                                  Article 7
1 . Every Member State shall take all appropriate measures to ensure that
    shares drawn pursuant to Article 3 are opened in such a way that import­
    ations may be charged without interruption against its accumulated share
    of the relevant Community quota.
 ---pagebreak---                                                             AMEX II
2 . Every Member State shall ensure that importers of the products in question
    established in its territory have free access to the shares allocated
    to it .
3 . Eveiy Member State shall charge importations of the products in question
    against its shares as and when the products are entered with the customs
    authorities for home use .
4. The extent to which a Member State has used up its shares shall "be
    determined on the basis of the importations charged against those shares
    in accordance with paragraph 3 .
                                 Article 8
Eveiy Member State shall notify the Commission at regular intervals of
the importations charged against its shares .
                                 Article 9
The Member States and the Commission shall cooperate closely to ensure that
this Regulation is complied with .
                                 Article 10
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels .
                                              For the Council