CELEX: 51974PC1487
Language: en
Date: 1974-09-23
Title: Proposal REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for dried figs failing within subheading No ex 08.03 B of the Common Customs Tariff, originating in Spain#Proposal REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for dried grapes falling within subheading No ex 08.04 B I of the Common Customs Tariff (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1487
Vol. 1974/0239
 ---pagebreak--- Disclaimer
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                           COM(74)1487 final.
                                                                      Bruxelles . 23 september 1974
                                                  Proposai
                            REGULATION (EEC)                   OF THE COUNCIL
                                                                                              K
           opening, allocating and providing for the administration of a Community tariff quota
           for dried figs failing within subheading No ex 08.03 B of the Common Customs Tariff,
                                              originating in Spain
                                               Proposal
                              REGULATION (EEC)                   OF THE COUNCIL
             opening, allocating and providing for the administration of a Community tariff quota
             for dried grapes falling within subheading No ex 08.04 B I of the Common Customs
                                                       Tariff
                           ( submitted to the Council by the Commission )
сом(7*0 -\ kH7 final
 ---pagebreak---                                   EXP I.MTÂTOTîY MEMOR AJTOÏÏ1.T
  1.   Article 2 of the Agreement at present in force between the 13uropean
  Oonvnunit./ and Spain , read with Articles 2 and 9 of Annex I thereto ,
 nrovicies for the opening of Community tariff quotas for the importation
  into the Community of the following products , originating in Spain , at
 the auota duties specified "below :
 CCT Heatiing I(io       Product            Annual volume             Quota Duty
 ex OC . 03 B         Certain dned                  800 t          30yo of the CCT duty
                      figs
     08.04 B I        Certain driea              1  700 t          Exemnt
                      grapes
 2.   These orovisions apply only to the six original Member States , since
the " Protocol fixing certain provisions relating to the Agreement between
the European Economic Community and Spain in consequence of the accession
of the new Member States to the European Economic Community" of 29 January
 1973 ( OJ Uo L 66 , 13 March 1973 ) provides that as regards the new Member,
States the situation shall remain as before .         The Protocol also provides
that the contracting parties are to lay down before 1 January 1974 the
transitional measures and adjust ernents v/hich may appear necessary
following the accession of the new Member States .
      In July 1973 , the Community opened negotiations with Spain with a
view to concluding , by 1 January 1974 , a new Agreement to replace the
1970 Agreement .    However , in view of the present state of these negotiations ,
it is by no means certain that the Agreement could enter into force on
1 January 1975 but rather on a later date which might well be within the
first half, of 1975 .
3.    In view of the foregoingj_^he Commission believes that the possible
necessity should be provided for of opening tariff quotas , for 1975 » for
the goods in question , in favour of Spain .        Consequently , the tariff
quotas for these products should be opened by 1 January 1975 and therefore
apnrovoii by the Council before 1 November 1974 *          Accordingly, it is necessary
to initiate immediately the procedure for opening the relevant tariff quotas .
 ---pagebreak---                                          2
 However , in view of tne possible errcry into force of a new Agreement it
 is proposed to confine the period of validity of these Community tariff
 quotas for the year 1975 "to the period not covered by the Agreement .
      Moreover , as regards agricultural products , the Reflations opening
the relevant Community tariff quotas must be based on Article 43 of the
EEC Treaty , which means that the European Parliament must be consulted .
The time which the procedure for approving these Regulations will take
must therefore be borne in mind .
     This is the object of the proposals annexed hereto .
4.   The Regulations provide , in the usual way , for the splitting up of
the tariff volumes into two parts , the first of which will be al local ed
among the Member States as quota shares and the second will be kept as
a  reserve .
5.   The allocation of the first part of the quota for dried grapes
( 08.04 B l ) has been undertaken according to the rules generally applied
hitherto .     The total imports of each Member State for 1971 to 1973 have
been expressed as a proportion of total Community imports over the same
period .    The resulting percentages ha.ve been applied State by State to the
volume of the first part , th€flast digit of the number of metric tons being
rounded off ( see Annex ).
6.   However , it does not seem appropriate to apply this rule to the tariff
quota for dried figs ( ex 08.03 B ) since :
     ( a) there have been no more than minimal imports into a single Member
           State and that only in one year ;
     (h ) other Member States imported none at all ;
     ( o ) total Community imports are lower than the agreed tariff quota
           volume ;
     ( d ) it is difficult to forecast future imports .
 ---pagebreak---                                        3
      In. order nevertheless to allocate the quota volume fairly aMon i : tue
 I'ember States a<rordin<? to their respective sizes , the Commission works
                  «
 on the aarnimotion that in this exceptions,! case the Member St at es should
 participate equally in the tariff quota .    This participation aims to
balance the Member • States 1 advantages and liabilities as far as possible .
7 . The cruota, duties are already fixed in the EKC/Spain Az-reenieni;. itself .
8.   The proposed Regulations provide for a single method of administrat ion
to ue applied by all Member States - namely the " as and when " method .
 ---pagebreak---                                                                                                  Λ'Τίτ;« ι\
                                                         Proposai
                                  REGULATION (EEC) No           ...   OF THE COUNCIL
                                                     of    .........
                 opening, allocating and ,-tOviding for the administration of a Community tariff quota
                 for dried figs falling within subheading No ex 08.03 B of the Common Customs Tariff
                                                     originating in Spain
    THE COUNCIL OF THE EUROPEAN COMMUNITIES,
    Having regard to the Treaty establishing the European
    Economic Community, and in particular Articles 43
    and 113 thereof ;
    Having regard to the proposal from the Commission ;
    Having regard to the Opinion of the European
    Parliament ;
                 .
    Whereas the Agreement between the European Econo­
    mic Community and Spain, signed at Luxembourg
   on 29 June 1970, provides in Article 2 ( 1) together with
   Article 9 of Annex I for the opening by the Community
 - of an annual Community tariff quota of 200 metric
   tons of ^dried figs falling within subheading No ex
v 08.03 B of the Common Customs Tariff, originating
   in Spain and imported in immediate packings of a
   net capacity of 15 kg or less ; whereas, pursuant to
   Article 9 of the said Annex, the quota duty is equal
 » to 30% of the Common Customs Tariff duty in
   respect of the product concerned ;
    i'nereas the Community tariff quota in
   question should he opened for the year
   1)73 ; and whereas , however , because of
   the possibility of the entry into force
   during 1975            a n«w Agreement in this
   regard between the European Economic
   Community and Spain , it is necessary
   to confine the period of validity of
   this 'tariff . quota to suoh period as is
   not covered by the new Agreement :
 ---pagebreak---     Whereas it is in particular necessary to ensure to all
    Community importers equal and uninterrupted aeeess
    to the abovementioned quota and uninterrupted
    application of the rate laid down for that quota to all
    imports o c the product concerned into all Member
    States until the quota has been used up ; whereas,
    having regard to the principles mentioned above,
    the Community nature of the quota can be respected
    by allocating the Community tariff quota among the
    Member States ; whereas, in order to reflect more
   accurately the actual "trend          of the market in
   the product concerned, such allocation should be in
   proportion to the needs ,of the Member States, assessed
   by reference to both the statistics of each State's
   imports of the said goods from Spain over a represen­
   tative period and the economic outlook for the quota
   period concerned ;
  Whereas, during the past three years for which
  statistics are available, the corresponding imports by
  each of the Member States represent the following
  percentages of the imports into the Community from
  Spain of the products concerned :
                                1971     1972      1973
  Germany
 Bénélux                        100
                              (= 5 mt)
 France
 Italy
 Whereas, in view of these figures and of tha . estimates
 submitted by certain Member States as well as the
 practical need to ensure that the obligations contracted
 under the Agreement concerned are allocated fairly
 among all the Member States, initial quota shares
 may be fixed approximately at the following percen­
 tages :                                       ■ I
               Germany                      25
               Bénélux                      25
               France                        25
               Italy                         25
Whereas, in order to take into account import trends
for the products concerned in the different Member
States, the quota amount should be divided into two
tranches, the first tranche being allocated among the
Member States, and the second forming a reserve
intended ultimately to cover the requirements of the
Member States which have used up their initial
shares ; whereas, in order to ensure a certain degree
of security to importers in each Member State, the
first tranche of the Community quota should be
fixed           at a level which, under present circum­
stances, may be 80% of the quota amount ;
 ---pagebreak---                                                                                                                           AJMÎEX A
             Whereas, the initial shares of the Member States may       2. The second tranche of 40 metric tons shall consti-
             be used up at differcntrates whereas, in order to          tute the reserve,
             take this frtct into account Bud to avoid any break
        ill continuity, it is important that any Member State .. ..
             having used up almost the whole of its initial share                                Article 3
            should draw an additional share from the reserve ;
            whereas, this must be done by each Member State as          1 . If 90% or more of the initial share of a Member
            and when each of its additional shares is almost            State, as laid down in Article 2 ( 1 ), or 90% of that
            entirely used up, and repeated as many times as the         share less the amount returned          ito the reserve,
            reserve allows ; whereas the initial and additional         where the provisions of Article 5 have been applied ,
            shares must be available for use until the end of the       has been exhausted, that Member State shall proceed
            quota period ; whereas this method of administration        without delay, by notifying the Commission, to
            calls for close cooperation between Member States           draw a second share equal to 15% of its initial
            and the Commission , which must in particular be            share, rounded up to the next unit where appropriate,
            able to observe the extent to which the quota amount        to the extent that the amount in the reserve allows .
            is used and inform Member States thereof ;
Whereas
Whereas      if , at a specified date in the quota                     2. If, after its initial share has been exhausted , 90%
period , a substantial proportion of a Member                          or more of the second share drawn by a Member
State ''s
State        initial share remains unused it is                        State has been used, that Member State shall proceed
essential that that Member State return a sig^-                        ■yvithout delay, in accordance with the conditions laid
nificant percentage thereof to the reserve , in                        down in paragraph 1 , to draw a third share equal to
                                                                       7-5% of its initial share, rounded up to the next unit
order to avoid a part of the Community quotas                          where appropriate, to the extent that the amount in
remaining unused in one Member State it could                          the reserve allows.
be used in others ;
           •Whereas, since the Kingdom of Belgium, the Kingdom
            of the Netherlands and the Grand Duchy of Luxem­           3. If, after its second share has been exhausted, 90%
            bourg are united in and represented by the Benelux         or more of the third share drawn by a Member State
           Economic Union, all transactions concerning the             has been used, that Member State shall proceed , in the
           administration of shares granted to the abovementioned      same way, to draw a fourth share equal to the third.
           Economic Union may be carried out by any one of
           its members j                                               This process shall be applied until the reserve is ex­
                                                                       hausted .
           HAS ADOPTED THIS REGULATION :                              ^[Notwithstanding the provisions of paragraphs 1,
                                                 \                    2 and^3, the^Member States may draw
                                                                      shares smaller^than those fixed in those paragraphs,
                                     Article 1                        if there is reason to believe that those shares might not
                                                                      be used up. They shall inform the Commission of the
            from 1 January 1975 until 31 T)en«mber                    reasons which led them to apply this paragraph.
             i ./?•> t ri<5 Coiiu.ion Gust.oi.'iw .
              Tariff duty in respect of dried figs falling within
              subheading No ex 08.03 B, originating in Spain and                                Article 4
              imported in immediate packings of a net capacity
              not exceeding 15 kg shall be partially suspended at     The additional shares drawn pursuant to Article 3
              3% within the limits of a Community tariff quota of        shall be valid until the end of the
              200 metric tons .
                                                                        period specified in Article 1 ,
                                                                                                Article S
                                         Article 2
                                                                      If, by 15 September 197y, a Member State has not used
                 1 . A first tranche, amounting to 160 metric tons of up its initial share, it shall, not later than 10 October
                the Community tariff quota referred to in Article 1 , 1975, return to the reserve the unused portion of this
                shall be shared among the _ Member States ; She share in excees of 20% of the initial amount. It may
              \ Th.e . respective individual . shares , which return           a larger quantity if there is reason to believe
                subject to Article 5 shall be valid                   that such quantity might not be used.
               until the end of the period specified
                in Artiole 1 shall be as follows *                    The Member States shall, not later than 10 October
                Oermaiv           40 metric tons
                                                                      197JT notify the Commission of the total imports of the
                3enelnjc
                                                                      product concerned effected up to 15 September 1975"
                                  40 metric tons
                France            AO rietric tons
                It aly            AO metric tons
 ---pagebreak---                                                         4
inclusive, and charged against the Community quota            2. The Member States shall ensure that importers of
and , of any proportion of "their initial                     the said goods established in their territory have free
share returned to the reserve .                               access to the shares allocated to them .
                                                              3. The Member States shall charge imports of the
                        Article 6                             product concerned against their shares as and when
                                                              the goods are entered for home use.
The Commission shall keep account of the shares               4. The extent to which a Member State has used up
opened by Member States in accordance with Articles           its share shall be determined on the basis of the imports
2 and 3 and shall inform each of them of the extent           charged in accordance with paragraph 3.
to which the reserve has been used as soon as it
receives the notifications .
                                                                                       Article 8
The Commission shall, not later than 15 October 1975,
notify Member States of the amount in the reserve             Member States shall inform the Commission at regular
after the return of shares pursuant to Article 5.             intervals of imports actually charged against their
                                                              shares.
The Commission shall ensure that any drawing which                                     Article 9
uses up the reserve is limited to the balance available
and, for this purpose, shall specify the amount thereof       The Member States and           the  Commission     shall
of the Member State which makes the final drawing.            cooperate closely in order to ensure that this Regu­
                                                              lation is observed .
                        Article 7
                                                            !                      Article 10
1 . The Member States shall take all appropriate mea­          In the event that the preferential tariff
sures to ensure that, when additional shares arc drawn    . arrangement for imports into the Cornmmunity
pursuant to Article 3, it is possible for charges to be    1 of products as specified in Article 1 ,
made without interruption against their accumulated
shares of the Community quota.                                      is made the subject OJL a new Agreement
                                                               between the European Economic Community
                                                               and Spain and that the said Agreement
                                                               enters into force before 31 December 1974
                                                               this Regulation shall cease to have effect
                                                               as on such date of entry irto force .
                                                                                   Article 11.
                                                                This Reflation shall enter into force
                                                                on 1 January 1975 •
    This Regulation shall be binding in its entirety and directly applicable in all Member
    States .
    Done at Brussels,
                                                                        For the Council
                                                                         The President
 ---pagebreak---                                                                                                Αι·ΤίΓ"'.Χ Β
                                                Proposai
                              REGULATION (EEC) No .... OF THE COUNCIL
                                                 of ..........
               opening, allocating and providing for the administration of a Community tariff quota
               for dried grapes falling within subheading No ex 08.04 B I of the Common Customs
              Tariff originating in Spain .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European
Economic Community and in particular Articles 43
and 113 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parlia­
ment ;
Whereas the Agreement between the European Econo­
mic Community and Spain , signed at Luxembourg on
29 June 1970, provides in Article 2 ( 1 ) together with
Article 9 of Annex I for the opening by the Community
of an annual duty-free Community tariff quota of
1 700 metric tons of dried grapes falling within sub­
heading No ex 08.04 B 1 of the Common Customs
Tariff, originating in Spain and imported in immediate
containers of a net capacity of 15 kg or less ; whereas
therefore a duty-free Community tariff quota of 1 700
metric tons should be opened for the product con­
cerned for 1975 ;
 Woere«.n I; he Community tariff quota in
 rpifif I; ioi should. 1)0 ooened. for the year
 1^75 >      and whereas?, howevert because of
the possibility of the entry into force
 dnrin/r 1975 of a new Agreement in this
 re.-rard between the T'Turonean Kconomio
Community and Spain , it is necessary to
 confine t'oe period of validity of this
tar.ui quota. to such period as is not
covered by the new Agreement :
 ---pagebreak--- Whereas it is in particular necessary to ensure to all
Community importers equal and uninterrupted access
 to the abovementioned quota and uninterrupted
application of the rate laid down for that quota to all
 imports of the product concerned into all Member
States until the quota has been used up ; whereas,
 having regard to the principles mentioned above, the
 Community nature of the quota can be respected by
 allocating the Community tariff quota among the
 Member States ; whereas, in order to reflect more
 accurately the actual "trend. of the market in the
 product concerned , such allocation should be in pro­
 portion to the needs of the Member States, assessed
 by reference to both the statistics of each State's im­
 ports of the said products from Spain over a represen­
 tative period and the economic outlook for the quota
 period concerned ;
 Whereas, during the past three years for which sta­
 tistics are available, the corresponding imports by
 each of the Member States represent the following
 percentages of the imports into the Community from
Spain of the products concerned :
                             1971       972
                                                 1973
 Germany                      2-1       4-5       2.3
 Bénélux                     18-6      13-5      11.1
France                       665       61-7      70.2
Italy                        12-8      20-3      16.4
Whereas, in view of these figures and of "the estimates
submitted by certain Member States, initial quota
shares may be fixed approximately at the following
percentages :
             Germany                        2
             Bénélux                      13
             France                       72
             Italy                        13
Whereas, in order to take into account import trends
for the product concerned in the divided Member
States, the quota amount should be divided into two
tranches, the first tranche being allocated among the
Member States, and the second forming a reserve
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 degree of
security to importers in each Member States, the first
tranche of the Community quota should be *^-xea
at a level which , under present o ircram­
'stances may toe Q0% of the quota amount ;
Whereas the initial shares of the Member States
may be used up at differentrates ; whereas , in order
to take this fact into account and avoid any break in
continuity, it is important that any Member State
having used up almost the whole of its initial quota
share should draw an additional quota share from the
 ---pagebreak---                                                                                                                           АТ-ГМгЧЛ В
         reserve ; whereas, this must be done by each Member                                    Article 3
         State as and when each of its additional quota shares
         is almost entirely used up, and repeated as many times       1 . If 90% or more of the initial share of a Member
         as the reserve allows ; whereas the initial and additional
                                                                      State, as laid down in Article 2 (1), or 90% of that
         quota shares must be available for use until the end of
                                                                      share less the amount returned to the reserve, where
         the quota period ; whereas this method of administra­        the provisions of Article 5 have been applied, has been
         tion calls for close cooperation between Member
         States and the Commission, which must, in particular,        exhausted, that Member State shall proceed without
         be able to observe the extent to which the quota             delay, by notifying the Commission, to draw a second
         amount is used and inform Member States thereof ;            share equal to 15% of its initial share, rounded up to
                                                                      the next unit where appropriate, to the extent that the
                                                                      amount in the reserve allows*
Whereas if , at a specified date in the quota
period , a substantial proportion of a Member
 State 's initial share remains unused it is                          2. If, after its initial share has been exhausted, 90%
                                                                      or more of the second share drawn by a Member State
 essential that that Member State return a
                                                                      has been used, that Member State shall proceed
 significant percentage thereof to the re­                            without delay, in accordance with the conditions laid
 serve , . in order to avoid a part of the Com-, .                    down in paragraph 1 , to draw a third equal to 7*5%
munity quota remaining unused in one Member                           of its initial share, rounded up to the next unit where
 State when it could be used in others ;                               appropriate, to the extent that the amount in the
                                                                       reserve allows.
Whereas , since the Kingdom of Belgium , the
Kingdom ,o£ ihe_Ne±herlands and the Grand IXiohy 3. If, after its second share has been exhausted, 90%
of Luxembourg are united- in and . represented by                      or more of the third share drawn by a Member State
the Benelux Economio Union , all transactions                          has been used, that Member State shall proceed, in the
concerning thei administration of shares granted                       same way, to draw a fourth share equal to the third.
to the abovementioned Economic Union may be
carried out by any one of its members ;                                This process shall be applied until the reserve is ex­
                                                                       hausted.
          HAS ADOPTED THIS REGULATION :
                                                                       4. Notwithstanding the provisions of paragraphs 1 ,
                                                                       2 and 3, the Member States may draw
                                  Article 1                            shares smaller than those fixed in those paragraphs, if
                                                                       there is reason to believe that they might not be used
         From 1 January 1975 until                   31 December       up. They shall inform the Commission of the reasons
         1975            Common Customs Tariff                         which led them to apply this paragraph.
          duty in respect of dried grapes falling within subhead­
          ing No ex 08.04 B I, originating in Spain and imported r
          in immediate containers of a net capacity not exceed­                                  Article 4
          ing 15 kg shall be entirely suspended within the limits ;
          of a Community tariff quota of 1 700 metric tons.         ,  The additional shares drawn pursuant to Article 3
                                                                        shall be valid until the end of the
                                                                       period specified in Article 1 .
                                  Article 2
                                                                                                 Article 5
           1. A first tranche, amounting to 1 360 metric tons of
          the Community tariff quota referred to in Article 1
          shall be shared among the Member States , ^he                 If, by 15 September 1975", a Member State has not used
         respective' individual shares , which ,                        up its initial share, it shall, not later than 10 October
         subject to Article 5 shall be valid .                          1975", return to the reserve the unused portion of this
         until the end of the period specified                          share in excees of 20% of the initial amount. It may
         in Article 1 shall be as follows :                             return a larger quantity if there is reason to believe
                                                                        that such quantity might not be used.
                                                                        The Member States shall, not later than 10 October
                        Germany         27     metric tons              1975", notify the Commission of the total imports of
                        Bénélux       177       metric tons
                                                                        the product concerned effected up to 15 September
                                                                         1975" inclusive and charged against the Community
                        France        980       metric tons             quota and, of any proportion of their •
                                                                        initial share returned to the reserve .
                        Italy         176       metric tons
           2. The second tranche of 340 metric tons shall consti­
           tute the reserve.
 ---pagebreak---                                                          4                                               i-üNrll.'iX B
                        Article 6                           3. The Member States shall charge imports of the
                                                            product concerned against their shares as and when
The Commission shall keep account of the share              the goods are entered for home use.
opened by Member States in accordance with Articles         4. The extent to which a Member State has used up
2 and 3 and shall inform each of them of the extent         its shares shall be determined on the basis of the
to which the reserve has been used as soon as it
                                                            imports charged in accordance with paragraph 3.
receives the notifications .
The Commission shall, not later than 15 October 1975",                            Article 8
notify Member States of the amount in the reserve
after the return of shares pursuant to Article 5.           Member States shall inform the Commission at regular
                                                            intervals of imports actually charged against their
The Commission shall ensure that any drawing which          quota shares.
uses up the reserve is limited to the balance available
and, for this purpose, shall specify the amount thereof                            Article 9
to the Member State which makes the final drawing.
                                                            The Member States and the Commission shall coop­
                        Article 7                           erate closely in order to ensure that this Regulation
                                                             is observed .
 1 . The Member States shall take all measures appro­
priate to ensure that, when additional shares are drawn
pursuant to Article 3 , it is possible for charges to be                      Article 10
 made without interruption against their accumulated
shares of the Community quota.                               In the event that the preferential tariff
                                                             arrangement for imports into the Cornrnrnunity
2. The Member States shall ensure that importers of          of products as specified in Artiole 1
the said goods established in their territory have free      1 , is made the subject of a new Agreement
 access to the share allocated to them .
                                                            between the European Economic Community
                                                             and Spain and that the said Agreement
                                                             enters into force before 31 December 1974
                                                            this Reflation shall cease to have effect
                                                             as on such date of entry into force .
                                                                               Article 11
                                                              This Rer^ula/i-ion shall enter into force
                                                              on 1 January 1975 •
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels,
                                                                  For the Council
                                                                   The President