CELEX: 31974R2922
Language: en
Date: 1974-11-18 00:00:00
Title: Regulation (EEC) No 2922/74 of the Council of 18 November 1974 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

26 . 11 . 74                              Official Journal of the European Communities                          No L. 315 /25
                                 REGULATION (EEC) No 2922/74 OF THE COUNCIL
                                                       of 18 November 1974
              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
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
                                                                        for this quota to all imports of the products
Having regard to the proposal from the Commission ;                     concerned until the quota has been used up ;
Whereas the Agreement ( 1 ) 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
                                                                     — however, as during the last three years no such
as follows : 70 metric tons for the Community as
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                   1975 , 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
                                                                     — in order to take into account import trends for
the Protocol and of the Act of Accession (3) should
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
                                                                         among the Member States and the second forming
Community as originally constituted on the one hand
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
(2) 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--- No L 315 /26                       Official Journal of the European Communities                                    26.11.74
— 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               — 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           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--- 26 . 11 . 74                          Official Journal of the European Communities                          No L 315 / 27
                         Article 3                                                      Article 6
1 . A first tranche of 52 metric tons of the amount              If, by 15 September 1975 , a Member State has not
specified in Article 2 shall be allocated among the              used up its initial share, it shall ' not later than
Member States ; the shares which, subject to Article 6,           10 October 1975 return to the reserve the unused
are valid until 31 December 1975 shall be as follows :           portion of this share in excess of 20% of the initial
                                                                 amount. It may return a larger quantity if there is
          Germany                   14 metric tons
                                                                 reason to believe that such quantity might not be
          Benelux                   10 metric tons               used .
          France                    15 metric tons
                                                                 The Member States shall , not later than 10 October
          Italv                     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
                                                                 The Commission shall keep account of the shares
State laid down in Article 3 ( 1 ), or 90% of that               opened by Member States in accordance with Articles
share less the amount returned into the reserve where            3 and 4 and shall inform each State of the extent
the provisions of Article 6 have been applied, has               to which the reserve has been used up as soon as it
been exhausted, that Member State shall proceed                  receives the notifications .
without delay, by notifying the Commission, to draw
a second share, equal to 15% of its initial share,
                                                                 The Commission shall , not later than 15 October
rounded up to the next unit .
                                                                 1975 , notify the Member States of the amount in
                                                                 reserve after the return of shares pursuant to Article 6 .
2. If, after its initial share has been exhausted, 90%
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
                                                                 amount thereof to the Member State which makes
initial share, rounded up to the next unit where
                                                                 makes the last drawing.
appropriate, to the extent that the reserve is sufficient.
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--- No L 315/28                         Official Journal of the European Communities                          26 . 11 . 74
                       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
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 1 January
are entered for home use .                                     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