CELEX: 51975PC0349
Language: en
Date: 1975-07-11
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation and 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)#Proposal for a REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for men's and boys' outer garments failing within heading No 61.01 of the Common Customs Tariff, originating in Cyprus (1976) (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 349
Vol. 1975/0140
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 ---pagebreak--- COMMISSION Or THE EUROPEAN COMMUNITIES
                                                                i
                                                                     COM(75)349 final
                                                                  Brussels , 11 July 1975
                                             I
                        \
                                         Proposai for a                                   -
                             REGULATION ( SEC ) OF THE COUNCIL
     on the opening, allocation and administration of a Community tariff quota for certain
     textile fibres falling within heading No 56.04 of the Common Customs Tariff, originating
                                               m Cyprus
                                               ( 1976 )
                      a ■_                  Proposai for a
                   ,      r    REGULATION ( EEC) OF THE COUNCIL
     opening, allocating and providing for the administration of a Community tariff quota
     for men's and boys' outer garments failing within heading No 61.01 of the Common
                                Customs Tariff, originating in Cyprus
                                             ( 1976 )
      \                                                         I                               ,
                                                                      /
                                                                                                  /
                                                                                     .  ■     /
                   ( submitted by the Commission to the Council )
                            /
                                                                                /
 C0M(75 ) 3*9 final
 ---pagebreak---                               FxPLAÏM TORY Ï® m\*ïï)UK
•  Tho Agreement establishing an Association between "the European Economic
   Community and. the Republic of Cyprus (Article 3 and Article 2 of Annex i ),
   together with tho Protocol laying down certain provisions relating to
   that Agreement consequent on the accession of new. Member States to the
   European Economic Community (Article 2 ), provides for tho opening of the
   following Community' tariff quotas for products originating in Cyprus : .
   Common Customs                Description of goods                     Annual
  Tariff hoading                                          .             ' quota
                       \  *•      .  »  ' ** »                     s
  56.04             • Kan-made fibres ( discontinuous or waste ;         100 metrio tons
                      carded , como'ed or otherwise prepared
                      for spun^ng
  61.01               Men's and "boys 1 outer garments                   S00 metric tons
  A joint declaration on Article 2 of the abovementioned Protocol also provides
  for those quotas to be allocated as follows between tho Member States :
                             '\     . '           56.04 '                61.01
   (a) to the Community as originally          "JO metric tons        100 metric tons
        constituted                                     ,
   (b ) to the new Member States               30 metric tons         400 metric tons
  The duties to be applied are fixed by the Agreement at 2,0% of the Common
  Customs Tariff duties for tho products concerned .         However , Articles 3 to
  7 of the abovementioned Protocol also contain special provisions concerning
  the duties to be applied by the new Member ' States . Similarly , certain
  provisions of the Act concerning tho Conditions of Accession and the Adjust­
  ments to tho Treaties must be complied with when fixing these duties .
 ---pagebreak---   In order to fulfil the Community 's obligation to Cyprus in 197° , regulations
  should "be adopted opening, allocating and providing, for the administration
  of these Community tariff quotas .       . .
                           *    •                 4
 This is' the purpose of the proposals annexed hereto .
        4                                                         *  '
 The following remarks are necessary concerning the quotas assigned to
 the Member States of tho . Community as originally constituted :
  (a) The regulations provide , as is the rule , foa> each of the quotas to
        be divided into two instalments , the first of which i3 allocated among
        the Member States ^'concerned while the second constitutes the reserve .
  (b ) The allocation of the first instalment is usually based on the statistics
                                               ¥
      , for the previous three years and the forecasts for the quota period con­
        cerned . However , this principle cannot be applied to products falling
        within tariff headings 56*04 a^d 61.01 , for there were no imports of
        these products during the years 1972-74 and forecasts for 197^ oannot
        be drawn up in either case .   In these : circumstances and so that the
     • quotas assigned ,to the Community as originally constituted can neverthe­
       less be equitably allocated among Member States , it appears desirable* to
                                               4    ' •
       provide for a significant share of the quota volume * for each of the original
       Member State . Obviously, "this formula "will have to be adapted subsequently
   .   in the light of aotual trade movements ,
       Comments concerning the amounts provided for the new Member States :         . .
( a) Exactly the same problem arises in connection with allocating the quota for .
       products falling within tariff heading 56.04 . Consequently , the solution set
       out in paragraph 3 is proposed in this' case also *   v  - ■ ■ . •         ■
(b) Concerning products in tariff position :6l ..01 , it is also proposed to divide
       the quota amount into two tranches , as 'for. the old Member States ;- .
 ---pagebreak---            – Allocation of the .first tranche :
  (b )       Only the United Kingdom . has had imports                             r'
                            from Cyprus . This "being bo , the usual formula , which
  •     - consists in making an allocation on the "basis of previous statistics
             and forecasts , does not seem applicable .             •
                                                                      «
                                                                                «
             However , in order to achieve, nevertheless , a fair and weighted allocation
             of the quota    amount , the
             Commission is working on the assumption that , in all "but quite exceptional
             cases , each Member State must be able to play at" the outset a significant
             part in the application of a Community measure such as the tariff quotas .
             Such an allocation must be aimed at evening out as far as possible among the
             Member States the advantages and responsibilities resulting from this measure .
      .    .                                            *
             Obviously , this formula will have to be adapted subsequently in the light of
          • any trade movements .                   . ,
5«           The Member States 1 experts who participated in the consultative meeting
             of the "Economic Tariff Problems" Group ( 14/18 April 1975 ) expressed agree­
             ment in principle to the scheme for allocation of shares proposed by the1 '
             Commission in the framework of the Regulations annexed .
         '..Annexes :                          \           : '■'. v                 !
          •2 proposals of regulation of the Council- j                  '' ■■;■
 ---pagebreak---                                                                   A
                                                                                                    A
                                                    Proposal for a
                                  REGULATION (EEC) No . . ./750F THE COUNCIL
                 on the opening, allocation and administration of a Community tariff quota for certain
                textile fibres falling within heading No 56.04 of the Common Customs Tariff, originating
                                                         m Cyprus
                                                         ( 1976 )
   THE COUNCIL OF THE EUROPEAN COMMUNITIES,                      Whereas, as regards the Community as originally
                                                                 constituted :
   Having regard to the Treaty establishing the Euro­
   pean Economic Community, and in particular Article            – it is necessary to ensure to all importers equal
   113 thereof;
                                                                      and uninterrupted access to the quota and
                                                                      uninterrupted application of the rates laid down
   Having regard to the proposal from the Commission;                 for this quota to all imports of the products
                                                                      concerned until the quota has been used up ;
   Whereas the Agreement (') establishing an associ­
   ation between the European Economic Community                 – in the light of the principles elicited above, the
  and the Republic of Cyprus, hereinafter called the                  Community nature of the quota may be best
  'Agreement', and the Protocol (2) laying down                       preserved by an arrangement allocating it among
  certain provisions concerning that Agreement as a                   the Member States ; whereas in order to reflect
  result of the accession of new Member States to the                 more accurately the actual development of the
  European Economic Community, hereinafter called                    market in the product concerned, such allocation
  the 'Protocol', provide for the opening of an annual                should be in proportion to the needs of the Mem­
  Community tariff quota of 100 metric tons of man­                   ber States, assessed by reference to both statistics
  made fibres (discontinuous or waste), carded, combed                of each State's imports of the said imports of the
  or otherwise prepared for spinning, falling within                 said products originating in Cyprus over a repre­
  heading No 56.04 of the Common Customs Tariff,                     sentative reference period and the economic
  originating in Cyprus; whereas, pursuant to the joint              outlook for the quota period concerned;
 declaration in Article 2 of the Protocol, the tariff
  quota should be allocated among the Member States
  as follows : 70 metric tons for the Community as              – however, as during the last three years no such
 originally constituted and 30 metric tons for the                   products originating in Cyprus have been
 new Member States; whereas Annex 1 to the Agree­                    imported and as no forecast can be made for
 ment provides that the duties applicable to the quota               1976", a significative and balanced participation
 shall be equal to 30% of the Common Customs                         by each of these States on this quota would
 Tariff duties; whereas as regards the duties                        ensure fair distribution among them ;
 applicable to goods within the limits of the quota by
 the new Member States, the special provisions of
 the Protocol and of the Act of Accession (3) should            – in order to take into account import trends for
 be observed ; whereas to comply with the special                   the products concerned in the different Member
provisions of the Protocol, separate arrangements                   States, the quota amount should be divided into
should be made for the Member States of the                         two tranches, the first tranche being allocated
 Community as originally constituted on the one hand                among the Member States and the second forming
 and for the new Member States on the other hand;                   a reserve intended ultimately to cover the require­
                                                                    ments of those 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 quota
(') OJ No L 133, 21 . 5. 1973, p. 1 .                               should be determined at a level which, under
(-) OJ No L 133 , 21 . 5. 1973, p. 88.                              present circumstances, may be approximately
(3) OJ No L 73, 27. 3. 1972, p. 14.                                 75% ;
 ---pagebreak---                                                                                              ANFEX A
– the initial share of the Member States may be                        equally among the new Member States in the
    used up more or less quickly; whereas, in order                    same way ;
    to take this fact into account and to avoid any
    break in continuity, it is important that any
    Member State having almost used up its initial                 – the quota duties are to be calculated by the new
   share should draw an additional share from the                      Member States in accordance with Articles 3 , 4,
   reserve; whereas this must be done by each                          5, 6 and 7 of the Protocol ;
   Member State as and when each of its additional
   shares is almost entirely used up, and repeated
   as many times as the reserve allows; whereas the-               –T it is necessary to ensure to all importers equal
   initial and additional shares of the quota must                     and uninterrupted access to the quota and
   be available for use until the end of the quota                     uninterrupted application of the rates laid down
   period ; whereas this method of administration                      for this quota to all imports of the products
   calls for close cooperation between Member                          concerned until the quota has been used up,
   States and the Commission, which must, in
   particular, be able to observe the extent to which
   the quota amount is used and inform Member
                                                                   HAS ADOPTED THIS REGULATION :
  States thereof;
– if, at a specified date in the quota period, a "                   -
  considerable balance remains in one or other                                             Article 1
   Member State, it is essential that that Member
   State pays a large amount of it back into the                   From 1 January to 31 December 1975" a tariff quota
  reserve in order to prevent a part of the                        of 100 metric tons , shall be opened within the
  Community quota from remaining unused in one                     Community in respect of man-made fibres
  Member State when it could be used in others;                    (discontinuous or waste), carded, combed or
                                                                   otherwise prepared for spinning, falling within
– since the Kingdom of Belgium, the Kingdom of                     heading No 56.04 of the Common Customs Tariff,
  the Netherlands and the Grand Duchy of Luxem-                    originating in Cyprus. This quota shall be allocated
  bourg are united in and jointly represented by the               and administered in accordance with the following
  Benelux Economic Union, all transactions                         provisions.
  concerning the administration of shares granted
  to the abovementioned Economic Union may be
  carried out by any one of its members ;              .                                <
                                                                                          SECTION I
Whereas as regards the new Member States :                                Provisions applicable to the Community
                                                                                  as originally constituted
– pursuant to the Protocol, a gross amount of
  30 metric tons is allocated to the new Member
                                                                                           Article 2
  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                The Common Customs Tariff duties shall be partially
  those which faced the original Member States ;                   suspended at the rates indicated below in respect of
  whereas, therefore, the quota should be allocated                70 metric tons of the quota referred to in Article 1 :
                 CCT
                                                                                                    Rate of duty
                heading                                  Description                                     %
                  No
            56.04         ï Man-made fibres (discontinuous or waste), carded, combed or
                            otherwise prepared for spinning :
                            A. Synthetic textile fibres                                                 2-5
                            B. Regenerated textile fibres                      /                        3*0
 ---pagebreak---                                                               *3
                                                                                                        AMEX A
                              Article 3                                                Artide 6
      1 . A first tranche of 52 metric tons of the amount         The Member States shall return to the reserve ,
      specified in Article 2 shall be allocated among the         not later than 1 October 1976 , the unused por­
      Member States ; the shares which, subject to Article 6,     tion of their initial share which , on 15
      are valid until 31 December 1976T shall be as follows :     September 1976 , is in excess of 20 fo of the
              Germany                   14 metric tons            initial amount . They shall return a larger
                                                                  quantity if there is reason to believe that
              Bénélux                   10 metric tons
                                                                  such quantity might not be used .
              France                    15 metric tons
                                                                 The Member States shall, not later than 1 October
             Italy                      13 metric tons           1975", notify the Commission of the total imports
                                                                 of the said goods effected up to and including
                                                                 15 September 1975" and charged against the Com­
    2. The second tranche of 18 metric tons shall                munity quota and, where appropriate, the proportion
     constitute the reserve.                                     of their initial share that is being returned to the
                                                                 reserve .
                             Article 4
                                                                                        Article 7
    1 . If 90% or more of the initial share of a Member
    State laid down in Article 3 ( 1 ), or 90% of that          The Commission shall keep account of the shares
   share less the amount returned into the reserve where        opened by Member States in accordance with Articles
                                                                3 and 4 and shall inform each State of the extent
   the provisions of Article 6 have been applied, has
   been exhausted, that Member State shall proceed              to which the reserve has been used up as soon as it
                                                                receives the notifications.
   without delay, by notifying the Commission, to draw
   a second share, equal to 15% of its initial share,
    rounded up to the next unit.                               The Commission shall, not later than .5 October
                                                                1975", notify the Member States of the amount in
   2. If, after its initial share has been exhausted, 90%      reserve after the return of shares pursuant to Article 6.
   or more of the second share drawn up by a Member
   State has been used, that Member State shall proceed,       The Commission shall ensure that any drawing
   in accordance with the conditions laid down in para­        which uses up the reserve is limited to the balance
   graph 1 , to draw a third share, equal to 7-5% of its       available and for this purpose shall specify the
   initial share, rounded up to the next unit where             amount thereof to the Member State which makes
   appropriate, to the extent that the reserve is sufficient.   makes the last drawing.
   3 . If, after its second share has been exhausted, 90%
  or more of the third share drawn by a Member                                          Article 8
  State has been used, that           Member State shall
  proceed, in the same way, to draw a fourth share             The Member States shall take all appropriate
  equal to the third.                                          measures to ensure that when additional shares are
                                                               drawn pursuant to Article 4 it is possible for charges
  This process shall be applied until the reserve              to be made, without interruption, against their
  exhausted.                                                   accumulated shares of the Community quota.
 4. Notwithstanding paragraphs 1 , 2 and 3, the
• Member States may proceed to draw shares smaller
                                                                                      SECTION II
  than those fixed in those paragraphs if there is reason
  to believe that they might not be used up. They
 shall inform the Commission of the reasons which              Provisions applicable to the new Member States
  led them to apply this paragraph.
                                                                                        Article 9
                            Article 5 .
                                                               Within the limits of the tariff quota referred to in
                                                              Article 1 , the new Member States shall apply the
 Each of the additional shares drawn pursuant to              duties laid down in the relevant provisions of the
 Article 4 shall be valid until 31 December 1975".             Act of Accession, the Agreement and the Protocol.
 ---pagebreak---                                                                                           ANNEX A
                       Article 10                            3. - The extent to which a Member State has used up
                                                             its share shall be determined on the basis of the
Within the quota, 30 metric tons shall be allocated       - imports charged in accordance with paragraph 2.
to the new Member States as follows :                             ,
       Denmark                   10 metric tons                                     Article 12
       Ireland                     8 metric tons
       United Kingdom             12 metric tons             Member States shall inform the Commission at
                                                             regular intervals of imports of the said products
                                                             actually charged against their shares.
                     SECTION III
                                                                                    Article 13
                  General provisions
                                                             Member States and the Commission shall cooperate
                       Article 11                            closely in order to ensure that this Regulation is
                                                             observed.
1 . Member States shall ensure that importers of the
said goods established in their territory have free
access to the share allocated to them.                                              Article 14
                                                                                    Article 14
2. Member States shall charge imports of the said
goods against their shares as and when the goods             This Regulation shall enter into force on
                                                                                                    c 1 January
are entered for home use.                                    197<£
                                                             197&.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.                 :       '     • '                          .
             Done at Brussels,
                                       v                                          For the Council
                                           v               '                       The Président
 ---pagebreak---                                                                A                           MNEX B
                                                     Proposal for a
                                 REGULATION (EEC) No . . . /75OF THE COUNCIL
                 opening, allocating and providing for the administration of a Community tariff quota
                for men's and boys' outer garments falling within heading No 61.01 of the Common
                                         Customs Tariff, originating in Cyprus
                                                      ( 1976 )
   THE COUNCIL OF THE EUROPEAN COMMUNITIES,                     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,
   Having regard to the Treaty, establishing the Euro­          the Community nature of the quota can be respected
   pean Economic Community, and in particular                   by allocating the Community tariff quota among the
   Article 113 thereof;                                         Member States; whereas, in order to reflect more
                                                                accurately the actual development of the market in
                                                                the product concerned, such allocation should be in
   Having regard to the proposal from the Commission :          proportion to the needs of the Member States, asses­
                                                                sed by reference to both the statistics of each State's
                                                                imports of the said goods from Cyprus over a rep­
   Whereas the Agreement (' } establishing an associ­           resentative period and the economic outlooks for the
  ation between the European Economic Community                quota period concerned ;
  and the Republic of Cyprus, hereinafter called the
  'Agreement', and the Protocol (2) laying down certain
 provisions concerning that Agreement as a result of
 the accession of new Member States to the European            However, as during the past three years no such
 Economic Community, hereinafter called the 'Proto­            products originating in Cyprus have been imported
 col', provide for the opening of an annual Community          into the Community as originally constituted and
 tariff quota of 500 metric tons of men's and boys'            whereas a minimal amount has been imported into
 outer garments falling within heading No 61.01 of             only one of the new Member States ; whereas no
 the Common Customs Tariff, originating in Cyprus;             forecast can be made for 197^; whereas, to ensure
 whereas pursuant to the joint declaration on Article 2        fair distribution of the two quota amounts between
 of the Protocol the tariff quota should be allocated          the Member States concerned, each Member State
 a^nong the Member States as follows : 100 metric              should make a significative contribution to the
 tons for the Community as originally constituted and          relevant quota amount; whereas such contributions
 400 metric tons for the new Member States ; whereas           may approximately correspond to the following
Article 1 of Annex I to the Agreement provides                 percentages :
 that the duties applicable to the quota shall be equal                Bénélux
to 30% of the Common Customs Tariff duties;                                                               28
whereas, as regards the duties applicable to goods                     Germany                            19
within the limits of the quota by the new Member                       France                             28
States, the special provisions of the Protocol and of                  Italy                              25
the Act of Accession (3) should be observed ; whereas,
to comply with the special provisions of the Protocol, ;
separate arrangements should be made for the Mem­                      Denmai »/-                          45
ber States of the Community as originally constituted                  Ireland                            , 5
on the one hand and for the new Member States on                       United Kingdom                      50
the other hand ;
Whereas it is in particular necessary to ensure to all        Whereas, in order to take into account import trends
Community importers equal and uninterrupted access            for the products concerned in the different Member
to the abovementioned quota and uninterrupted                 States, each of these amounts should be divided into
application of the rate laid down for that quota to           two tranches, the first tranche being allocated among
                                                              the Member States and the second forming reserves
                                                              intended ultimately to cover the requirements of the
                                                              Member States which have used up their initial quota
(') OJ No L 133, 21 . 5. 1973 , p. 1 .                        shares ; whereas, in order to ensure a certain degree
(a) OJ No L 133, 21 . 5. 1973, p. 88.                         of security to importers in each Member State, the
(3) OJ No L 73, 27. 3. 1972, p. 14.                           first tranche of the Community quota should be
 ---pagebreak---                                                          *2_
                                                                                         ANNEX B
   determined at a level which, under present circum­        2. Within the limits of 400 metric tons of the tariff
   stances, may be approximately 75% and 50% of the          quota referred to in Article 1 , the new Member
   quota amount respectively ;                              States shall apply the duties laid down in the relevant
                                                            provisions of the Act of Accession, the Agreement
                                                             and the Protocol .
   Whereas the initial shares of the Member States may
   be used up at different times ; whereas, in order to
   take this fact into account and avoid any break in                                Article 3
   continuity, it is important that any Member State          (
   having used up almost the whole of its initial share
  should draw an additional share from the relevant          1 . A first tranche of 72 metric tons of the amount
   reserve; whereas, this must be done by each Member       specified in Article 2 ( 1 ) shall be allocated among
  State as and when each of its additional shares is        the Member States of the Community as originally
  almost entirely used up, and repeated as many times       constituted ; the shares which, subject to Article 6,
  as the reserves allow; whereas the initial and ad­        are valid until 31 December 1976 shall be as follows :
  ditional shares must be available for use until the
                                                                    Germany                     20 metric tons
  end of the quota period ; whereas this method of
                                                                    Bénélux                     14 metric tons
  administration calls for close cooperation between
  Member States and the Commission, which must, in                  France                      20 metric tons
  particular, be able to observe the extent to which                Italy                       18 metric tons
  the quota amounts are used and inform Member
  States thereof;                                           The second tranche of 28 metric tons shall constitute
                                                            the relevant reserve.
 Whereas if, at a specified date in the quota period,
 a considerable balance      remains in one or other        2. A first tranche of 200 metric tons of the amount
 Member State, it is essential that that Member State       mentioned in Article 2 (2) shall be distributed be­
 pays a large amount of it back into the reserve, in        tween the new Member States ; the shares, which
 order to prevent a part of the tariff quota from           subject to Article 6 are valid until 31 December 1976,
                                                            shall be as follows :
 remaining unused in one Member State when it could
 be used in others ;                                                Denmark                     90 metric tons
                                                                    Ireland                      5 metric tons
 Whereas, since the Kingdom of Belgium, the Kingdom                 United Kingdom             105 metric tons
 of the Netherlands and the Grand Duchy of Luxem­
 bourg are united in and represented by the Benelux'        The second tranche of 200 metric tons shall constitute
 Economic Union, all transactions concerning the            the relevant reserve.
 administration of shares granted to the abovemen- >
 tioned Economic Union may be carried out by any
 one of its members,
                                                                                     Article 4
                                                            1 . If 90% or more of the initial share of a Member
 HAS ADOPTED THIS REGULATION :                             State laid down in Article 3, or 90% of that share
                                                           less the amount returned into the relevant reserve
                         Article 1
                                                           where the provisions of Article 6 have been applied,
                                                           has been exhausted, that Member State shall proceed
                                                           without delay, by notifying the Commission, to draw
From 1 January to 31 December 1976 a tariff quota          a second share, equal to 15% of its initial share,
of 500 metric tons shall be opened within the Com­         rounded up to the next unit where appropriate, to
munity in respect of men's and boys' outer garments        the extent that the relevant reserve is sufficient.
falling within heading No 61.01 of the Common
Customs Tariff, originating in Cyprus. This quota          2. If, after its initial share has been exhausted, 90%
shall be allocated and administered in accordance
                                                           or more of the second share drawn by a Member
with the provisions set out below.                         State has been used, that Member State shall proceed,
                                                           in accordance with the conditions laid down in para­
                                                           graph 1 , to draw a third share, equal to 7-5% of its
                         Article 2                         initial share, rounded up to the next unit.
1 . The Common Customs Tariff duty shall be par­           3 . If, after its second share has been exhausted, 90%
tially suspended at the rate of 5-1% in respect of         or more of the third share drawn by a Member State
l'OO metric tons of the quota referred to in Article 1 .   has been used, that Member State shall proceed, in
 ---pagebreak---                                                                    3                                 APTEX B
      the same way, to draw a fourth share equal to the           The Commission shall, not later than 5 October
     third .                                                      197(5", notify the Member States of the amounts in
                                                                 the reserves after the return of shares pursuant to
     This process shall be applied until the relevant reserve    Article 6.
     is exhausted.
                                                                 The Commission shall ensure that any drawing which
     4. Notwithstanding paragraphs !, 2 and 3 a Member           uses up one or the other reserve is limited to the
     State may proceed to draw shares smaller than those         balance available and for this purpose shall specify
     fixed in those paragraphs if there is reason to believe     the amount thereof to the Member State which makes
     that they might not be used up. They shall inform           the last drawing.
     the Commission of the reasons which led them to
     apply this paragraph.                                                               Article 8
                                                                 1 . The Member States shall take all appropriate
                                                                 measures to ensure that when additional shares are
                             Article S                           drawn pursuant to Article 4 it is possible for changes
                                                                 to be made without interruption against their
    Each of the additional shares drawn pursuant to              accumulated shares of the Community quota.
    Article 4 shall be valid until 31 December 197<T.
                            Article 6                            2. The Member States shall ensure that importers
                                                                 of the said goods established in their territory have
The Member States shall retxirn to the re­                       free access to the share allocated to them .
serve , not later than 1 October 1976 , "the
unused, portion of their initial share which 3 . The Member States shall charge imports of the
on 15 September 1976 , is- in excess of 20 % said goods against their share as and when the goods
                                                                 are entered for home use.
of the initial amount . They shall return a
larger quantity if there is reason to be­
                                                                 4. The extent to which a Member State used up its
lieve that such quantity might not be used .                     share shall be determined on the basis of the imports
                                                                 charged in accordance with paragraph 3 .
    The Member States shall, not later than 1       October
    1975", notify the Commission of the total imports of                                 Article 9
    the said goods effected up to and including 15 Sep­
    tember 1976" and charged against the Community               Member States shall inform the Commission at
    quota and, where appropriate, the proportion of their        regular intervals of imports of the said products
    initial share that is being returned to the relevant         actually charged against their shares.
    reserve .
                                                                                        Article 10
                                                                 The Member States and the Commission shall co­
                            Article 7                            operate closely in order to ensure , that this Regu­
                                                                 lation is observed.
    The Commission shall keep an account of the shares
    opened by the Member States in accordance with                                      Article 11
    Articles 3 and 4 and shall inform each State of the
   extent to which the reserves have been used up as             This     Regulation   shall    enter   into  force  on
    soon as it receives the notifications.                       1 January 1976*
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels ,
                                                                                     For the Council
                                                                                      The Président