CELEX: 31974R0363
Language: en
Date: 1974-02-04 00:00:00
Title: Regulation (EEC) No 363/74 of the Council of 4 February 1974 opening, allocating and providing for the administration of a Community tariff quota for cotton yarn falling within heading No 55.05 of the Common Customs Tariff, originating in Malta

20. 2. 74                          Official Journal of the European Communities                               No L 48/59
                              REGULATION (EEC) No 363/74 OF THE COUNCIL
                                                  of 4 February 1974
             opening, allocating and providing for the administration of a Community tariff quota
             for cotton yarn falling within heading No 55.05 of the Common Customs Tariff,
                                                  originating in Malta
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         Agreement should be confined to the original Member
                                                                  States and the additional volume of 375 metric tons
                                                                  resulting from the increase should be allocated to all
                                                                  Member States ;
Having regard to the Treaty establishing the European
Economic Community and in particular Article 113                  Whereas it is in particular necessary to ensure to all
thereof ;                                                         Community importers equal and uninterrupted access
                                                                  to the abovementioned quota and uninterrupted appli­
                                                                  cation of the rate laid down for that quota to all
Having regard to the proposal from the Commission ;               imports of the product concerned into all Member
                                                                  States until the quota has been used up ; whereas ,
Whereas the Agreement between the European                        having regard to the principles mentioned above, the
Economic Community and Malta, signed at Valetta                   Community nature of the quota can be respected by
on 5 December 1970, provides in Article 3 ( 1 ) together          allocating the Community tariff quota among the
with Article 2 of Annex I for the opening by the Com­             Member States ; whereas, in order to reflect more
munity of an annual Community tariff quota of 750                 accurately the actual development of the market in
metric tons of cotton yarn not put up for retail sale             the product concerned, such allocation should be in
falling within heading No 55.05 of the Common                     proportion to the needs of the Member States, assessed
Customs Tariff, originating in Malta ; whereas,                   by reference to both the statistics of each State's
pursuant to Article 1 of the said Annex the quota duty            imports of the said goods from Malta over a represen­
is equal to 30% of the Common Customs Tariff duty                 tative period and the economic outlook for the quota
in respect of the product concerned ; whereas, with a             period concerned ;
view to granting Malta a treatment not less favourable
than that enjoyed by countries eligible for the General­          Whereas, during the past three years for which
ized System of Preferences, the abovementioned volume             statistics are available, the corresponding imports by
 should be increased by 50% and the duties totally                each of the Member States represent the following
suspended ; whereas, as regards the allocation of this            percentages of the imports into the Community, from
tariff quota, the quota volume laid down in the                   Malta of the products concerned :
                                                       1970                    1971                1972
              Germany                            30-2        22-4        41-5       34-5     57-3       51-4
              Benelux                            41-5       ,31-0        42-0       34-8      28-7      25-7
              France                              —           3-0         2-1        1-7       5-4       4-8
              Italy                              28-3        21-1        14-4       12-0       8-6       7-8
              Denmark                                         —                      —
                                                                                                         0-1
              Ireland                                         3-0                    5-3                  3-2
              United Kingdom                                 19-5                   11-7                 7-0
 ---pagebreak--- No L 48/60                          Official Journal of the European Communities                                   20. 2. 74
Whereas both these percentages and the estimates               Economic Union may be carried out by any of its
from certain Member States should be taken into                members,
account for the purposes of allocating the two
abovementioned quota amounts ; whereas initial
quota shares may consequently by fixed approximately
as follows :                                                   HAS ADOPTED THIS REGULATION :
             Benelux                    26-0
             Denmark                      0-1                                           Article 1
             France                       5-0
             Germany                    45-0                   1 . Until 31 December 1974, a tariff quota of 1 125
                                                               metric tons shall be opened in the Community for
             Ireland                      1-3
                                                               cotton yarn not put up for retail sale, falling within
             Italy                      17-6                   heading No 55.05 of the Common Customs Tariff,
             United Kingdom               5-0                  originating in Malta .
Whereas, in order to take into account import trends           2. Within the limits of this tariff quota the Community
for the products concerned in the different Member             Customs Tariff duties shall be totally suspended.
States , the quota amount should be divided into two
tranches, the first tranche being allocated among the          This suspension shall be fully applied in the new
Member States, and the second forming a reserve                Member States .
intended ultimately to cover the requirements of the
Member States which have used up their initial
quota shares ; whereas , in order to ensure a certain                                   Article 2
degree of security to importers in each Member
State, the first tranche of the Community quota should         1 . A first tranche, amounting to 795 metric tons of
be determined at a level which, under present circum­          the Community tariff quota referred to in Article 1 ,
stances, may be 70% of the quota amount ;                      shall be shared among the Member States ; the
                                                               proportions which, subject to Article 5 , shall be valid
Whereas the initial quota shares of the Member                 until 31 December 1974 shall consist of the following
                                                               amounts ;
States may be used up, at different times ; whereas, in
order to take this fact into account and avoid any
break in continuity, is it important that any Member                        Germany          360 metric tons
State having used up almost the whole of its initial                        Benelux          204 metric tons
quota share should draw an additional quota share                           France            40 metric tons
from the reserve ; whereas, this must be done by each                       Italy            140 metric tons
Member State as and when each of its additional
                                                                            Denmark             1 metric ton
quota shares is almost entirely used up, and repeated
as many times as the reserve allows ; whereas the                           Ireland           10 metric tons
initial and additional quota shares must be available                       United Kingdom 40 metric tons
for use until the end of the quota period ; whereas this
method of administration calls for close cooperation           2 . The second tranche of 330 metric tons shall
between Member States and the Commission, which                constitute the reserve .
must, in particular, be able to observe the extent to
which the quota amount is used and inform Member
                                                                                        Article 3
States thereof ;
                                                               1 . If 90% or more of the initial share of a Member
Whereas if, at a specified date in the quota period, a         State, as laid down in Article 2 ( 1 ) or 90 % of that share
considerable balance remains in one or other Member
                                                               less the amount returned into the reserve, where the
State it is essential that that Member State pays a            provisions of Article 5 have been applied, has been
large amount of it back into the reserve, in order to          exhausted, that Member State shall proceed without
avoid a part of the Community quota's remaining                delay, by notifying the Commission, to draw a second
unused in one Member State when it could be used
                                                               share equal to 15 % of its initial share, rounded up to
 in others ;
                                                               the next unit where appropriate, to the extent that
                                                               the amount in the reserve allows .
Whereas , since the Kingdom of Belgium, the Kingdom
of the Netherlands and the Grand Duchy of Luxem­               2. If, after its initial share has been exhausted, 90%
bourg are united in and represented by the Benelux              or more of the second share drawn by a Member
Economic Union, all transactions concerning the                 State has been used, that Member State shall , in
administration of shares granted to the abovementioned          accordance with the conditions laid down in para­
 ---pagebreak--- 20 . 2 . 74                           Official Journal of the European Communities                             No L 48 /61
graph 1 , proceed without delay to draw a third share            The Commission shall, not later than 15 October
equal to 7-5 % of its initial share, rounded up to the           1974, notify Member States of the amount in the
next unit where appropriate, to the extent that the              reserve after the return of shares pursuant to Article 5 .
amount in the reserve allows.
                                                                 The Commission shall ensure that any drawing which
3 . If, after its second share has been exhausted, 90%           uses up the reserve is limited to the balance available
or more of the third share drawn by a Member State               and, for this purpose, shall specify the amount thereof
has been used, that Member State shall proceed, in the
                                                                 to the Member State which makes the final drawing.
same way, fo draw a fourth share equal to the third.
This process shall be applied until the reserve is                                        Article 7
exhausted.
                                                                 1 . The Member States shall take all appropriate
4. Notwithstanding the provisions of paragraphs 1 ,              measures to ensure that, when additional shares are
2 and 3 , the Member States may proceed to draw                  drawn pursuant to Article 3 , it is possible for charges
shares smaller than those fixed in those paragraphs,             to be made without interruption against their accumu­
if there is reason to believe that they might not be             lated shares of the Community quota.
used up. They shall inform the Commission of the
reasons which led them to apply this paragraph.                  2. The Member States shall ensure that importers of
                                                                 the product concerned established in their territory
                                                                 have free access to the shares allocated to them .
                         Article 4
                                                                 3 . The Member States shall charge imports of the said
Each of the additional shares drawn pursuant to                  goods against their share as and when the goods are
Article 3 shall be valid until 31 December 1974.                 entered for home use .
                         Article 5
                                                                 4. The extent to which a Member State has used up
                                                                 its share shall be determined on the basis of the imports
If, by 15 September 1974, a Member State has not                 charged in accordance with paragraph 3 .
used up its initial share, it shall, not later than 10
October 1974, return to the reserve the unused                                            Article 8
portion of this share in excess of 20% of the initial
amount. It may return a larger quantity if there is              Member States shall inform the Commission at
reason to believe that such quantity might not be used.          regular intervals of imports actually charged against
                                                                 their shares .
The Member States shall, not later than 10 October
1974, notify the Commission of the total imports of                                       Article 9
the product concerned effected up to 15 September
                                                                 The Member States and the Commission shall co­
1974 inclusive, and charged against the Community
quota and, where appropriate, the proportion of their            operate closely in order to ensure that this Regulation
                                                                 is observed .
initial share that is being returned to the reserve.
                                                                                         Article 10
                         Article 6
                                                                 The tariff quota laid down in this Regulation shall be
The Commission shall keep account of the shares                  opened for 1974.
opened by Member States in accordance with Articles
2 and 3 and shall inform each of them of the extent to           This Regulation shall enter into force on the third
which the reserve has been used as soon as it received           day following its publication in the Official Journal
the notifications .                                              of the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels , 4 February 1974.
                                                                                     For the Council
                                                                                      The President
                                                                                       W. SCHEEL