CELEX: 51973PC1726
Language: en
Date: 1973-11-09
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for other woven fabrics of cotton falling within heading 55.09 of the Common Customs Tariff, originating in Spain#PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for certain petroleum products falling within chapter 27 of the Common Customs Tariff, refined in Spain (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1726
Vol. 1973/0298
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(73)1726 final
                                                          Brussels , 9 November 1973
                                PROPOSAL FOR A
                        REGULATION ( EEC ) OP THE COUNCIL
  opening, allocating and providing for the administration of a Community
       tariff quota for other woven fabrics of cotton falling within
     heading 55.09 of the Common Customs Tariff , originating in Spain
                                PROPOSAL FOR A
                        REGULATION ( EEC) OF THE COUNCIL
  opening, allocating and providing for the administration of a Community
  tariff quota for certain petroleum products falling - within chapter 27
               of the Common Customs Tariff , refined in Spain
                ( submitted to the Council by the Commission)
CCM(73 ) 1726 final
 ---pagebreak---                                                               GUD/74 ?/73-E
                              • EXPLA^TOFY 1-nKOPATOUK
 1. Article 2 of the Agreement between the European Economic Community
     and Spain, road with Articles 2 , 3 and 4. of Annex I thereto , provides
     for the opening ef Coinminity tariff quotas for the importation into
     the Cosnronity of tho following products , originating in Spain, at
     the quota duties specified below:
      CCT Heading ilo        Product          Annual volume     Quota Duty
      Chapter 27        Certain petroleud 1 200 000 t )
                        prcûucts            I             )    40fj ef the
        55.09           Other ootton            : 1 8oo t ^    CCT duties
                        fabrics
                                                          )
2 . These provisions apply only to the six original lleraber States , since
    the "Protocol firing certain provisions relating to the Agreement
    "between the European Eoononic Community and Spain in consequence of
    the Accession of the new Keraber States to the European Economio
    Conmunity" of 29 January 1973 (OJ No L 66 , 13 I-Iarch 1973 ) provides
    that as regards the no/ Member States th® situation shall remain as
    bofor©.   The Protocol also provides that the contracting parties are
    to lay dovm before 1 January 1974 the transitional measures and
    adjustments which may appear necessary following the accession of
    the new Keraber States ,
     In July 1975 , the Community opened negotiations with Spain with a
     view to concluding , by 1 January 197^» a new Agreement to replace
                                          I                 4
     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 197^»
. In view of the foregoing , the Commission believes that the possible
   necessity should be provided for of opening tariff quotas , under the
   current Agreement , in favour of Spain . Consequently , the relevant
   tariff quotas should.be opened by 1 January 197^ and therefore approved
   by the Council before that date .
 ---pagebreak---                                     -2 -                   GUD/74 773-E
    It is therefore necessary to initiate tho procedures for opening
    the relevant tariff quotas,                                         -
4, The Regulations provide , in tho usual way , for the splitting up of
    the tariff volumes into two parts , of which tho first will bo
    allocated among tho Keriber States as quota chares and tho second
    will to kept as a reserve.                         -
5. The allocation of the first part of each quota liao been undertaken
    according to the rules generally applied hitherto.     Tho total
    imports of each Lleiaber State for 19^9 9 1970 and 1971 have "been
    expressed as a proportion of total Comnunity imports over tho saiae
    period.  The resulting percentages have been applied State by State
    to the volume of the first part , the last digit of tho number of
    Bctrio tons being rounded off.
                                          /
6 . Tho proposed Regulation on other ootton fabrics provides for a
    single method of acininistration , to bo applied by all Keraber States ,
    namely tho "as and when" method.
    However it is at present impossible to prov ide for -a single method
  ' of administration ("as and when" or advance allocation) of the quota
    for certain petroleum products .   The rules governing the market in
    these products vary from one Member State to another , with the effect
    that the Member States regard tho application of a single method of
    administration as impossible .   In contrast to general practice ,
    therefore , each Keraber State will be empowered to adninister its
    own share of the quota according to its own rules , while ensuring
    that all importers of the relevant products have free access to
    the quota.                       -
 ---pagebreak---                                                                                                 ANNEX I
                                             PROPOSAL FOR A
                                  REGULATION (EEC) OP THE COUNCIL • ■
                opening, allocating and providing for the administration of a Community tariff quota
                ^or other woven fabrics of cotfcnnfalling within heading 55»09
               of the Common Customs Tariff , originating in Spain
   THE COUNCIL OF TI IE 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
  Economic Community and Spain, signed at
  Luxembourg on 29 June 1970, provides in Article                           .....
  2 ( 1 ) together with Article k of Annex I for the
  opening by the. Community of an annual Community
• tariff quota of /                        falling within   / 1.800 tons of other woven fabrics of
      heading 55*09                  Common Customs                                                        cotton
  Tariff originating in Spain
 Cvhcreas, pursuant to Article V of the said Annex the
  quota duty is equal to YO% of the Common Customs
  Tariff duty in respect of the product concerned ;
  whereas therefore a Community tariff quota of 1*800
  metric tons at                       for the product
  concerned should be opened for 197Hj whereas the Community tariff quefca is assorted by quota
                                                            duties of 5,2   5 , 2 % . 5,6 /<», 5,6 % and 6 %
                                                            for the products falling within subheading
  Whereas it is in particular necessary to ,ensure to all   55.09 A I , A il , B I and:. B II :
  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 most
  accurately the actual development of the market in
  the product concerned, such allocation should be in
  proportion to the needs of the Member States,
  assessed by reference both to the statistics of each
  States imports from Spain over a representative
  period and to the economic outlook for the quota
  period concerned ;
 ---pagebreak---                                   - 2 -
   ' Whereas, during the last 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 :
    r.                                     1970           1971       1972
      Germany                             M               5,2      •    SA
      Bcnclux
                                                          2,2           2,8
      France                            75Λ            75 , 7        78,0
      Italy                             19,2            15,9          12,8
      Whereas, in view of these data/ • the csiiniatcs                      the foreseeable
      submitted by certain Member States as well as the                 development in the
      practical need to ensure that the obligations                     market for the products
      contracted under the Agreement concerned arc
      allocated fairly among all the Member States, initial
                                                                        in question during 197 ^,
      quota shares may be fixed approximately at the                    and in particular
      following percentages:
                      Germany                     5,9
                     Bénélux                      2,2
                     France                     75,6
                      Italy                     16,3
      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
... instalments, the first instalment 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 State,
      the first instalment of the Community quota should
      be determined at a level which, under present
      circumstances, may be75 % of the quota amount;
       4
                                                                                          *
      Whereas the initial quota 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 continuity, it is important that any Member                 •                 .
    State having used up almost the whole of its intitial
    quota share should draw an additional quota share
    from the reserve; whereas, this must be done by each
• Member State . as and when each of its additional
    quota shares is almost entirely used up, and repeated
    as many times as the reserve allows; whereas the
    initial and additional quota shares must be available             ,
    for use until the end of the quota period ; whereas
    this    methad       of administration      calls for    close
    cooperation between Member States and the
    Commission, which must, in particular, be able to .
    observe the extent to which the quota amount is used
    and inform Member States thereof;
 ---pagebreak---                 ■ Whereas if, ar a specified date in . the quota period, a
                   considerable balance remains in one or other •                   .
                   Member Slate it is essential that that Member State ,--          •      -          '
                   pays a large amount of it black into the reserve,,, in
                   order to avoid a part of the Community quota
                   remaining unused in one Member Stare when it could                            ..
                   be used in others;
                   Whereas, since the Kingdom of Belgium, - the
                   Kingdom of the Netherlands and the Grand Duchy of
                   Luxembourg arc united in and represented by the
                   Benelux Economic Union, all transactions concerning
                    llic administration of shares granted to the                  ^                         ,
                    abovcmcniioncd 1'conomic Union may be carried out f                             ,
                    by any one of its members;                                                        •
              ,                    .           •                        •             .                 '
                                                                           »                   .
                     HAS ADOPTED THIS REGULATION:
                                            Article 1
As from 1 January 197^ ana until 31 December 197 ^» the Common Customs
Tariff duties in respect of the products originating in Spain and listed
below shall be partially suspended at the duties indicated opposite to
each one , within the limite of a global Community tariff quota of
1.800 tons :
  No                                       Descnptxon                                   Rate of duty
                 i                                                                             %
  55.09
                         Other woven fabrics of cotton :
                         A. Containing S5°/© or more by weight of cotton:    -• *
                              I. Of a width of less than 85 cm                               5,2
                             IT. Other                                                       5,6
                         B. Other :-
                              I. Of a width of less than 85 cm                               5,6
                             Ii . Other                                                  *   6
                                                                                                          /
 ---pagebreak---                              - 3a -
                         Aritele 2
  1.    A first instalment, amounting to      1.350 tons of the
  Community tariff quota referred to in Article 1 shall
  be shared among the Member States; the proportions
  which, subject to Article 5 , shall be valid from 1
  January until 3J December 197(j shall consist of the
 •following amounts;
                 Germany              . 80i tons
                 Bcnclux                jJO tons
                 France          1.020 tons
           •   •
                 Italy                 220 tone
2.     The second instalment, amounting to k$0 tons ,
shall make up the reserve.         .•       •
           .                     '                    ' »
                   , .   Article 3                  •       .
                             m
1.     If 90% or more of the initial share . of a
Member State, as laid down in Article 2 ( 1 ), or 9(7%
of that share less the amount returned' into jhe
reserve, where the provisions of Article 5 have been
applied, has been exhausted, th'at-Membcr State shall
proceed without delay, by notifying the Commission,
to draw a second 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.                                           .   •
2. If, after its initial share has been exhausted,
90 % or more of the second share drawn by a
Member State has been used, that Member State shall '
proceed without delay, by notifying the Commission,
to draw a third share equal to% 7-5 % of its initial
share, rounded up to the next unit where „
appropriate, to the extent that the amount in* the
 reserve allows.
                                                                • •/ % 1
 ---pagebreak---  3.       If, after .its second share has been exhausted,
 90 % or more of ihc third share drawn by a Member
 State has been used, thai Member Scale shall proceed ,
 pursuant to the provisions of paragraph 2, to draw a
 fourth share equal to the third .
p~his process shall be applied until the reserve is
 exhausted .
 4. Notwithstanding the provisions of paragraphs,
  1 , 2 and 3, the Member States may proceed to draw
  shares smaller than those fixed in those paragraphs, if
  there is reason to belieyc that those shares might not
  be used up . They shall inform the Commission of t he
  reasons which led them to apply this paragraph .
                              Artide 4
  The additional shares drawn pursuant to Article 3
  shall be valid until 31 December 197'-/.
                            • Article 5
  If, by 15 September 197*/, a Member State has not
   used up its initial share, it shall , not later than 10
   October 197'/, return to the reserve the unused
  portion of this share in excess of 20 % of the initial
   amount. It may return a larger quantity if there arc
   reasons to consider that such quantity might noi be
   used .
. .  ....  0                      .               •
 The Member States shall , not later than 10 October
  197ty, notify the Commission of the. total imports of
 the product concerned effected up to 15 September
 197f inclusive, and charged against the Community
 quota and, where appropriate, the proportion of their
 initial share that is being returned to the reserve.
                                         '
                              Article 6
 The Commission shall keep account of the shares-
 opened by Member States in accordance with Articles
 2 and 3 and shall inform each of them of the extent
 to which the reserve has been used as soon as it
 receives the notifications .                         *
 The Commission shall, not later than 15 October
 197f, notify Member States of the amount in the
 reserve after ^ the return of shares pursuant to
 Article 5 .
The Commission shall ensure that any drawing
 which uses up the reserve is limited to the balance
 available and, for this purpose, shall specify the
 amount thereof to the Member State which makes
 the final drawing.
 ---pagebreak---                                           Article 7
                   1.    The Member States shall take nil appropriate
              . measures to ensure that , when additional shares are
            .... drawn pursuant to Article 3, it is possible for charges
                  to be made without interruption against their
                   Accumulated shares of the Community quota.
                    2. The Member States shall guarantee 10 importers
                    of the product concerned established in their territory
                 ' free access to the shares allocated to them.
                    3.    The Member States shall charge imports of the
                . product concerned against their shares in so far as
                   the product has been presented for Customs
                   clearance under cover of declarations that it has been
              •. made available for consumption.
                   4.    The extent to which the Member States' shares
                   have been used up shall be recorded on the basis of
                   the imports charged ill the conditions laid down in
                   paragraph 3 .
                                          Article S                          *
                  Member States , shall inform the Commission at
            • regular intervals of imports from Spain actually
                  charged against their shares.                         •       .
                                 .      ' Article 9
                 The Member States and the Commission shall
                  cooperate closely in order to ensure that the
                 provisions of this Regulation arc observed.
          ' '                                                          t  m
                                         Article 10
                This Regulation shall enter into force on             T             „„ .
                                                                   1 January 197<u
£!;..RCK"L,i'!"            W W"di"S »                 and Jircc.ly applied in .,11 ,Mo,„h
                                                                                        «
                                * •                                                    V
Done at Brussels,                                                                   ■
                                                •          .»    *
                                                                    . ' For the Council
                                                                            The Vrcsidcnt
 ---pagebreak---                                                                                                   ANNEX II
                                                 PROPOSAL FOR A
                                     ' REGULATION ( EEC) OF THE COUNCIL
                  opening, allocating and providing for the administration of a Community tariff quota
                  for certain petroleum products falling within chapter 27
                  of the Common Customs Tariff , refined in Spain
    THE COUNCIL OF THE EUROPEAN COMMUN1 1'IES,
    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
    Economic Community and Spain , signed at
    Luxembourg on 29 June 1970, provides in Article                            ....
    2 ( 1 ) together with Article 3 of Annex I for the
    opening by the Community of an annual Community
 . tariff quota of 1.200.000 tons of certain petroleum products falling within chapter 2
                                 of the Common Customs
    Tariff refined in Spain ;
  . whereas, pursuant to Article 3 of the said Annex the
    quota dui).r is equal to 40 O/,° l',c Common Customs      _
" Tariff /         in respect of the product concerned;      /duties effectively applied in this year
    whereas therefore a Community tariff quota of 1.200.000
    metric tons                            for the product
    concerned should be opened for 197H;
    Whereas it is ill particular necessary tOrCnsure to all
    Community importers equal and uninterrupted access
    to the abovcmcntioned quota and uninterrupted                       5*
    application of the rate laid down for that quota to all
    imports of the product concerned into all Member                       .    v
    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 rhe
    Member States ; whereas, in order to reflect most
    accurately the actual development of rhe market in
    rhe product concerned, such allocation should be in
    proportion to the needs of the Member States,
    assessed by reference both to the statistics of each
    State's imports from Spain over a representative
    period and to the economic outlook for the quota
     period concerned ;
 ---pagebreak---  • Whereas, during ihc last three years for which
    statistics flrc 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 :
                     I
   r.                                   1970          1971      1972
     Germany                          53,11         19,80 '   * 34,60
     Bcncîux                          21,90         25 , 40      9,10
     France                             8,05        13 ,-        8,40
     Italy                            16,9 ^        41 , 80 .   47,90
     whereas, :n v;cw of tlicsc data , /–ihc estimates /–■ of the foreseeable
  ■ submitted by certain Member States as well as the            development in the marke
    practical need to ensure that the obligations
    contracted, under the Agreement concerned arc                for the products in
    allocated fairly among all the Member States, initial        question during 197 ^,
    quota shares" may be fixed approximately at the              and in particular
    following percentages :
                   Germany            34,0
                   Bénélux            16,7
                   France               9,7
                   Italy              39,6
    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
  . instalments, the first instalment 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 State,
    the first instalment of the Community quota should
    be determined at a level which, under present
    circumstances, may be SO % of the quota amount:
      I
    Whereas the initial quota shares of the Member
    States may be used up at different times ; whereas, in
  order to take this fact into account and avoid ? ny
  break in continuity, it is important that any Member
  State having used up almost the ..wliolc.jpf its intitial
  quota share should draw an additional quota share .
  from the reserve; whereas, this must be done by each
  Member State . as and when each of its additional
  quota shares is almost entirely used up, and repeated
  as many times as the reserve allows ; whereas the
  initial and additional quota shares must be available
  for use until the end of the quota period ; whereas
  this     merhad     of  administration    calls for   close
 cooperation between Member States and the
 Commission, which .must, in particular, be able to .
 observe the extent to which the quota amount is used
  and inform Member States thereof;
 ---pagebreak---                          Whereas if, at n specified date in.tlic quota period, a
                         considerable balance remains in one or oilier ■
                         Member State it is essential that that Member State ,-*
                         pays a larp.e amount of it back into the reserve,, in
                         order to avoid a part of the Community quota
                         remaining unused in one Member State when u could
                         be used in others;
                         Whereas, since the Kingdom of Belgium, - the
                          Kingdom of the Netherlands and the Grand Duchy of
                          Luxembourg arc united in and represented by the
                          Benelux Kconomic Union, all transactions concerning
                          the administration of shares granted to the
                          abovementioued hconomic Union may be carried out t
                          by any one of its members;
                           MAS ADOPTED THIS KLGUI.ATION:
                                                     Article Î
Reserved the measures which may interpose m application of the
paragraphs 2 and 4 of article 3 of the annex I to the agreement
between the Community and Spain , as from 1 January 197^ and until
31 December 197^1 the Common Customs Tariff duties in respect of
the products refined in Spain and listed below shall be suspended
partially at the duties indicated opposite to each one within the
limite of a global Community tariff quota of 1.200.000 tons
CCT
heading                                  Description                                          Hate of duty
                                                                                                   %
No
   27.10       Petroleum oils anil oils obtained Irom bituminous minerals, other than
               crude; preparations not elsewhere specified or included, tont.iinini; not less
               than 70"/o by weight of petroleum oils or of oils obtained from hiiiiminous
               minerals, these oils being; the basic constituents of the preparations :
                                   »
               A. Lirjit oils :
                    III . " For other purposes                                                   • 2.Jf
                ft. Médium oils:                                                     *
                    HI. For other purposes
                 C. I feavy oils:
                      I. Gas oil :
                         c) For oihcr purposes                                                     M
                       II. Fuel oil :
                            c) For other purposes                                                  1Λ
                       HI . Lubricating oils; other oils :
                             c) To be mixed in accordance with the terms of Additional Note 7      1,6
                                to this Chapter (a )
                     -       d) For other purposes                                                 2Λ
( a) Entry under this subheading is subject to conditions to be determined
     the competent authorities .
 ---pagebreak---                                               - k -
27.11 l'ctroU'iim Rnscn imd othcr sawoui hydrncarbonn
       B. Other:
             I. Commercial propane and commercial butane:
                  c) For other purposes                                              0, 6
27.12  Petroleum jelly:
             HI . For other purposes                                                 0,8
        B. Oihcr .                                                                   2,8
27.13   Pirnffin wax, micro -crystalline wax slack »ax, orokcrite, lignite wax. peat
         wax and other mineral waxes whether or not colouao.
         B. Other:
                I. Crude :
                    c) For other purposes                                            0,8
               II . Other                                                            2,4
27.1k      Petroleum bitumen, petroleum coke and other residues of petroleum oils oi
           of oils obtained from bituminous minerals:
            C. Other:
                   11 . Other
                                                                                     0,8
                                          Article 2
              1.        A first instalment, amounting to 1.000.000 tons of the
              Community tariff quota referred to in Article 1 shall
              be shared among the Member States ; the proportions
              which, subject to Article 5, shall be valid from 1
              January until 31 December 197// shall consist of the
              following amounts;
                                Gcrmany             340.000 tons
         i  »■ ••               Bénélux             170.000 tons
                                France              100.000 tons
                                Italy               390.000 tons
            2.         The second instalment, amounting to     200.000 tons ,
            shall make up the reserve.            • ••
                                  ,      Article 3
                                              m
            1.         If 90 % or more of the initial share . of a
            Member State, as laid down in Article 2 ( 1 ), or 90 %
            of that share less the amount returned' into < he
            reserve, where the provisions of Article 5 have been
            applied , has been exhausted, th'at-Membor State shall
            proceed without delay, by notifying the Commission ,
            to draw a second 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.                                              •    •
            2.         If, after its initial share has been exhausted,
            90 % or more* of the second share drawn by a
            Member State has been used , that Member State shall '
             proceed without delay, by notifying the Commission,
            to draw a third share equal to% 7o % of its initial
            share, rounded up to the next unit where
             appropriate, to the extent that the amount in the
             reserve allows.
 ---pagebreak--- 3.     If, after its second share lins been exhausted,
90 % or more of tha third nhare drawn by n Member
State lias heen used , that Member State shall proceed ,
pursuant to the provisions of paragraph 2, to draw a
fourth share equal to the third.
P"his process shall be applied until the . reserve is
 exhausted .
4. Notwithstanding' the provisions of paragraphs^
 1 , 2 and 3 , the Member States may proceed to draw
 shares smaller than those fixed in those paragraphs, if
 there is reason to believe rh.ti those shares might not
 be used up . They shall inform the Commission of the
 reasons which led them to apply this paragraph .
                        . Article 4 ■'
 The -additional shares drawi; pursuant to Article 3
 shall be valid until 31 December 197'V.
                         • Article 5
  If, by 15 September 197'/, a Member State has not
  used up its initial share, it shall , not later than 1.0
  October 197'/, ■ return to the reserve the unused
  portion of this share in excess of 20 % of the initial
  amount. It may return a larger quantity if there arc
  reasons to consider that such quantity might not be
  used .
The Member States shall , nor later than 10 October
 197f/, notify the Commission of the total imports of
 the product concerned effected up to 15 September
 197'/- inclusive, and charged against the Community
 quota and, where appropriate, the proportion of their
 initial share that is being returned to the reserve.
                           Article 6
  \      '            '
The Commission shall keep account of the shares-
opened by Member States in accordance with Articles
2 and 3 and shall inform each of them of the extent
to which the reserve has been used as sooy as it
receives the notifications.                           •
The Commission shall, not later than 15 October
197f, notify Member States of- the amount in the
reserve after ^ the return of shares pursuant to
Article 5 .
The Commission shall ensure that any drawing
which uses up the reserve is limited to the balance
available and, for this purpose, shall specify the
amount thereof to the Member State which makes
the final drawing.
 ---pagebreak---                                       Article 7
              i . The Member States shall take all appropriate
          . measures to ensure that, when additional shares arc
              drawn pursuant to Article 3 , it is possible for charges
              to he made without interruption against their
              Jfccumubied shares of the Community quota.
             • 2. The Member States shall guarantee to importers
                of the product concerned established in their territory
                free access to the shares allocated to them .
                3.     The Member States shall charge imports of the
                product concerned against their shares in so far as
                the product has been' presented for Customs
                clearance under cover of declarations that it has been
                made available for consumption.
         ' ,                            Article S
                Member States , shall inform the Commission at
           • regular intervals of imports from Spain actually
                charged against their shares.
                            »                                   * •
                               .        Article 9
                     ■ *                                                   <
               The       Member States and the Commission              shall
                cooperate closely in order to ensure that the
                provisions of this Regulation arc observed.
                                       Article 10
               This Regulation shall enter into force on ^ January 197*f
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,                           '          .   /
                                                 . ■          _     ■„      Tor the Council
                                                                             The President