CELEX: 31974R2927
Language: en
Date: 1974-11-18 00:00:00
Title: Regulation (EEC) No 2927/74 of the Council of 18 November 1974 opening, allocating and providing for the administration of a Community tariff quota for other woven fabrics of cotton falling within heading No 55.09 of the Common Customs Tariff, originating in the Arab Republic of Egypt

No L 315 /46                            Official Journal of the European Communities                               26 . 11.74
                                   REGULATION (EEC) No 2927/74 OF THE COUNCIL
                                                       of 18 November 1974
                opening, allocating and providing for the administration of a Community tariff quota
                for other woven fabrics of cotton falling within heading No 55.09 of the Common
                                 Customs Tar ff, originating in the Arab Republic of Egypt
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               duties applied continuously to all imports of the
                                                                          said products until the quota has been used up ;
  Having regard to the Treaty establishing the Euro­
  pean Economic Community, and in particular Art­                    — in the light of the above principles, the Commu­
  icle 113 thereof;                                                       nity nature of the quota may best be preserved
                                                                          by an arrangement allocating it among these
  Having regard to the proposal from the Commission ;                     Member States ; whereas in order to provide the
                                                                          most accurate reflection of actual market trends
                                                                          for the said products, such allocation should be
  Whereas the Agreement (*) between the European                          proportionate to the needs of these Member
  Economic Community and the Arab Republic of                             States, calculated both from the statistics for each
  Egypt and the Protocol (2) laying down certain pro­                     Member State's imports from the Arab Republic
  visions relating to the Agreement between the Euro­                     of Egypt over a representative reference period
  pean Economic Community and the Arab Republic of                        and from economic prospects for the quota period
  Egypt consequent on the accession of new Member                         in question ;
  States to the European Economic Community
  provides for the opening of an annual Community
  tariff quota of 3 250 metric tons of other woven                   — over the past three years for which statistics are
  fabrics of cotton falling within heading No 55.09 of                    available, the following percentages represent the
  the Common Customs Tariff, originating in the Arab                      respective imports of the Member States con­
  Republic of Egypt ; whereas the Protocol provides                       cerned in relation to imports of the said products
  that the tariff quota should be allocated among the                     from the Arab Republic of Egypt into the Com­
  Member States as follows : 2 500 metric tons for the                    munity as originally constituted :
  Community as originally constituted, 90 metric tons
  for Denmark, 10 metric tons for Ireland and 650
  metric tons for the United Kingdom ; whereas Annex                                               1971      1972        1973
  I to the Agreement provides that the duties applicable
  to the quota shall be equal to 45% of the duties of                Germany                        3-0       4-3         10-4
  the Common Customs Tariff; whereas , as regards
                                                                     Benelux                      27-2       29-3        31-9
  the duties applicable to the quota by the new Mem­
  ber States, the special provisions of the Protocol and             France                         1-2      10-0          1-1
  of the Act of Accession should be complied with;
  whereas, to comply with the special provisions of                  Italy                        68-6       56-4        56-6
  the Protocol, separate arrangements should be made
  for the Member States of the Community as originally
  constituted, on the one hand, and for the new Mem­
  ber States, on the other;                                          — in view of these factors, of the foreseeable
                                                                          development during 1975 of the market for the
  Whereas as regards the Community as originally                          products in question and in particular of the
  constituted :                                                           estimates submitted by certain Member States
                                                                          initial quota shares may be fixed approximately
                                                                          as follows :
■ — equal and uninterrupted access to the quota
       should be ensured for all importers and quota
                                                                                  Germany                          15-8
                                                                                  Benelux                          19-7
                                                                                  France                           11-8
  ( l) OJ No L 251 , 7. 9. 1973 , p. 13 .
  (•) OJ No L 251 , 7. 9. 1973 , p. 3 .                                           Italy                           52-7
 ---pagebreak--- 26 . 11 . 74                           Official Journal of the European Communities                                No L 315 /47
— in order to take account of import trends for the                       administration of the quota shares allocated to
     products in question in the Member States con­                      that Economic Union may be carried out by any
     cerned, the quota amount should be divided into                      one of its members ;
     two instalments, the first instalment being allo­
     cated among the same Member States, the second                  Whereas, as regards the new Member States :
     instalment constituting a reserve intended to cover
     the later requirements of Member States which                   — the quota duties shall be calculated by the new
                                                                          Member States in accordance with Articles 3 and
     have used up their initial quota shares ; whereas,                   4 of the Protocol
     in order to ensure a certain degree of security to
     importers in each Member State, the first instal­
     ment of the quota should be fixed in this case                  — equal and uninterrupted access to the quota
     at approximately 50% ;                                               should be ensured for all importers and quota
                                                                          duties applied continuously to all imports of the
                                                                          products in question until the quota has been
— the initial quota shares may be used up at differ­                      used up,
      ent rates ; whereas, therefore, to avoid disruption
     of supplies, any Member State which has almost
     used up its initial quota share shall draw an                   HAS ADOPTED THIS REGULATION :
     additional quota share from the reserve ; whereas
     this shall be done by each Member State when­
     ever one of its additional quota shares has been                                         Article 1
     almost used up, and as many times as the reserve
     allows ; whereas the initial and additional quota
     shares shall be valid until the end of the quota                A Community tariff quota of 3 250 metric tons shall
     period ; whereas this form of administration                    be opened from 1 January until 31 December 1975
     requires close collaboration between the Member                 for other woven fabrics of cotton falling within
     States and the Commission, and the Commission                   heading No 55.09 of the Common Customs Tariff,
      must be in a position to follow the extent to                  originating in the Arab Republic of Egypt.
     which the quota volume has been used up and
     inform the Member States thereof;                               This quota shall be allocated and administered in
                                                                     accordance with the provisions set out below.
— if, at a given date in the quota period, a consider­
     able quantity of the initial quota share is left over
     in one of the Member States concerned, it is                                            SECTION I
     essential that that State should return a significant
     proportion to the reserve to prevent a part of the
     quota allocated to the Community as originally                         Provisions applicable to the Community as
      constituted from remaining unused in one Mem­                                     originally constituted
     ber State when it could be used in others ;
                                                                                              Article 2
— since the Kingdom of Belgium, the Kingdom of
     the Netherlands and the Grand Duchy of Luxem­                   The Common Customs Tariff duties shall be par­
     bourg are united in and represented by the Bene­                tially suspended at the rate indicated below for 2 500
     lux Economic Union, any measure concerning the                  metric tons of the quota referred to in Article 1 :
                     CCT
                    heading                                                                           Rate of duty
                                                           Description                                     %
                      No
                55.09           Other woven fabrics of cotton :
                                A. Containing 85% or more by weight of cotton :
                                    I. Of a width or less than 85 cm                                      5-8
                                   II . Other                                                             6-3
                                B. Other :
                                    I. Of a width of less than 85 cm                                      6-3
                                   II . Other                                                             6-7
 ---pagebreak--- No L 315 /48                          Official Journal of the European Communities                            26 . 11.74
                          Article 3                                                      Article 6
1 . A first instalment of 1 235 metric tons of the               A Member State which on 15 September 1975 has
amount mentioned in Article 2 shall be allocated                 not used up its initial quota share shall return to the
among the Member States ; the shares which, subject              reserve not later than 10 October 1975, the unused
to Article 6, shall be valid until 31 December 1975              portion exceeding 20% of the initial amount. It may
shall be :                                                       return a greater portion if there are grounds for
                                                                 believing that it may not be used up .
         Germany                    205 metric tons
        Benelux                     300 metric tons
                                                                 Member States shall, not later than 10 October 1975 ,
        France                      180 metric tons
                                                                 notify to the Commission the total quantities of the
        Italy                       550 metric tons              products in question imported up to and including
                                                                 15 September 1975 and charged against the Com­
2 . The second instalment of 1 265 metric tons shall
                                                                 munity tariff quota and any quantities returned to
                                                                  the reserve.
make up the reserve.
                          Article 4                                                      Article 7
1 . If 90% or more of a Member State's initial quota             The Commission shall keep an account of the quota
share specified in Article 3 ( 1 ), or of that share less        shares opened by the Member States pursuant to
the portion returned to the reserve where Article 6              Article 3 and 4 and shall, as soon as information
is applied, has been used up, that Member State shall            reaches it, inform each State of the extent to which
without delay, by notifying the Commission, draw                 the reserve has been used up .
a second quota share, to the extent that the reserve
is sufficient, equal to 15% of its initial quota share,
rounded up to the next unit where necessary.                     It shall, not later than 15 October 1975 , inform the
                                                                 Member States of the amount still in reserve after
                                                                 returns have been made pursuant to Article 6.
2 . If, after its initial quota share has been used up ,
90% or more of the second quota share drawn by                   It shall ensure that the drawing which uses up the
a Member State has been used up, that Member                     reserve is limited to the balance available and to this
State shall , in the manner laid down in paragraph 1 ,           end shall specify the amount thereof to the Member
draw a third quota share equal to 7-5% of its initial            State making the last drawing.
quota share, rounded up where necessary to the next
unit.
3 . If, after its second quota share has been used up,                                   Article 8
90% or more of the third quota share drawn by
a Member State has been used up, that Member State
                                                                 Member States shall take all necessary measures to
shall, in the same manner, draw a fourth quota share
                                                                 ensure that additional shares taken up under Article
equal to the third.                                              4 are so drawn as to allow for uninterrupted charges
This procedure shall be followed until the reserve               against their accumulated shares of the Community
has been used up.                                                quota.
4. Nothwithstanding paragraphs 1 to 3 , a Member
State may draw smaller quota shares than those fixed                                   SECTION II
in those paragraphs, if there is reason to believe that
those fixed might not be used up . It shall inform the              Provisions applicable to the new Member States
Commission of its reasons for applying this para­
graph.
                                                                                         Article 9
                          Article 5                              Within the tariff quota referred to in Article 1 , the
                                                                 new Member States shall apply duties calculated in
Additional quota shares drawn pursuant to Article 4              accordance with the relevant provisions of the Act
shall be valid until 31 December 1975 .                          of Accession, the Agreement and the Protocol .
 ---pagebreak--- 26 . 11 . 74                          Official Journal of the European Communities                              No L 315 /4.9
                        Article 10                                cover of a declaration that they have been made
                                                                  available for consumption .
750 metric tons of the quota referred to in Article 1
shall be allocated among the new Member States as                 3 . The extent to which Member States ' shares have
follows :                                                         been used up shall be ascertained from imports
                                                                  charged under the conditions laid down in para­
          Denmark                   90 metric tons                graph 2.
          Ireland                   10 metric tons
          United Kingdom           650 metric tons                                        Article 12
                                                                   Member States shall regularly inform the Commis­
                       SECTION III
                                                                  sion of imports of the said products originating in
                                                                  the Arab Republic of Egypt actually charged against
                                                                   their quota shares .
                     General provisions
                                                                                          Article 13
                        Article 11
                                                                   Member States and the Commission shall collaborate
 1 . Member States shall ensure that the quota shares              closely in order to ensure that the provisions of this
 allocated to them are freely accessible to importers              Regulation are observed .
 of the products in question established in their
territory.
                                                                                          Article 14
2 . Member States shall charge imports of the
products in question against their quota shares as the             This Regulation       shall   enter   into    force    on
products are presented for customs clearance under                  1 January 1975 .
                This Regulation shall be binding in its entirety and directly applicable in all Member States .
                Done at Brussels , 18 November 1974.
                                                                                        For the Council
                                                                                         The President
                                                                                         Ch . BONNET