CELEX: 51973PC1748
Language: en
Date: 1973-10-19
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 the Republic of Cyprus#PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL on the opening, allocation and 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 the Republic of Cyprus (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1748
Vol. 1973/0302
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(73)1748 Final
                                                  Brussels , 19 October 1973
                               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 . the Republic of Cyprus
                                PROPOSAL FOR A
                REGULATION (EEC )               OF THE COUNCIL
       on the opening , allocation and 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 the Republic of
                                   Cyprus
                (submitted to the Council by the Commission )
 COM (73 ) 1748 Final
 ---pagebreak---                          EXPLAT7AT0RY KEI-!OHA*TDIJK
The Agreement establishing: an Association between the European Economic
Community and the Republic of Cyprus (Article 3 and Article 2 of Annex i ) ,
together with the 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 the opening of the
following Community tariff quotas for products originating in Cyprus :
Common Customs               Description of goods                   Annual
Tariff heading                                                      quota
56.04             Kan-made fibres (discontinuous or waste )        100 metric tons
                   carded , cornered or otherwise prepared
                  for spinning"
61.01             Men 's and boys' outer garments                  500 metric tons
A joint declaration on Article 2 of the abovementioned Protocol also provides
for these quotas to bs allocated as follows between the 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 the 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 the Conditions of Accession and the Adjust­
ments to the Treaties must be complied with when fixing these duties .
 ---pagebreak---                                      - 2 -
2. In order to fulfil "the Community 's obligation to Cyprus , regulations
   should "be adopted opening , allocating and providing, for the administration
   of these Community tariff quotas .
   This is the purpose of the proposals annexed hereto .
                                                                  %
3. The following remarks are necessary concerning the quotas assigned to
   the Member States of the Community as originally constituted :
   (a ) The regulations provide , as is the rule , fon each of the quotas to
        be divided into two instalments , the first of which is 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 and 61.01 , for there were no imports of
        these products during the years 1970-72 and forecasts for 1974 cannot
        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 allocated among Member States , it appears desirable to provide
        for sharing on an equal basis .    Obviously , this formula will have to be
        adopted subsequently in the light of any trade movements .
4. Exactly the same problem arises in connection with allocating the quota for
   products falling within tariff heading 56 . 04- among the new Member States .
   Consequently , the solution set out in paragraph 3 is proposed in this case
   also .
 ---pagebreak---                                   - 3 -
Only the United. Kingdom has imported products falling within tariff
heading 61.01 from Cyprus .  This being so , 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 of 400 metric tons among the Member States concerned , the
Commission is working on the assumption that , in all but quite exceptional
cases , each Member State must be able to play atf 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 .
 ---pagebreak---                                                                                             ANNEX I
                                      PROPOSAL FOR A
                      REGULATION (EEC)                       OF TIIE 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 the Republic of Cyprus
   THE COUNCIL OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the
   European Economic Community and in particular i
   Article 113 thereof;                  . *
                                                      •
   Having regard to the proposal from the Commission ;
   Whereas     the    Agreement     ( ')   establishing   an
   Association     between   the    European       Economic
   Community and the Republic of Cyprus, hereinafter                ■ •
   called the Agreement,, and the Protocol (:) laying
   down certain provisions concerning that Agreement
   as a result of the Accession of new Member States to
   the European Economic Community, hereinafter •
   called the Protocol , provide for the opening of an
   annual Community tariff quota of 100 metric tons of
   man-made fibres ( discontinuous or waste), carded ,
   combed or otherwise prepared for spinning, falling
   within heading No 56.04 of the Common Customs
   Tariff, originating in Cyprus ; whereas, pursuant to                                       v
   the joint declaration in Article 2 of the Protocol the
   tariff quota should be allocated among the Member
   States as follows : 70 tons for the Community as
   originally constituted and 30 tons for the new
   Member States ; whereas Annex 1 to the Agreement
   provides that the duties applicable to the quota shall                ■ •   •
   be equal to 30 % of the Common Customs Tariff
   duties ; whereas as regards the duties' 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 be observed;
   whereas a Community tariff quota of 100 metric tons
   should be opened in respect of the abovemcntioncd
   products ; whereas to comply with the special
   provisions of the Protocol , separate arrangements
   should be made for the Member States of the
   Community as., originally constituted on the one
(22 ) ο·ί·
       O.J. No  ϊ!· ί                 ?! · ?.«. Ρ . 1
                    . L 133 of 21.3.73,'              p.* 88
C3 ; O.J. No . L 73 of 27.3.72 , p , ^
 ---pagebreak---  hand and for the new Mcrrtbcr States on the other
hand :
Whereas, as regards in particular the Community as
originally constituted :
– equal and continuous access to the quota should
    be ensured for all importers and quota duties
    should be applied consistently to all imports of
    the goods in question until the quota is used up ;
– in the light of the principles elicited above, the
    Community nature of the quota may best be
    preserved by an arrangement allocating it among
    the Member States ; whereas in order to reflect
    most accurately the actual development of the
    market in the said goods, such allocation should
     be proportionate to the requirements of the
  \ Member States, calculated both from statistics of
    each State's imports of the said products
    originating in the Republic of Cyprus over a
    representative reference period and from the
    economic outlook for the quota ' period
    concerned ;                                        V
.                                      .         *     *
– however, in- view of the fact that during the last
    three years no such products originating in Cyprus
    have been imported and no forecast can be made
    for 197^, an initial share percentage of 25 %
    allocated to each of the Member States concerned
    would ensure a fair distribution among them ;
– in order to take account of import trends of the;
    said goods in the Member States concerned , the
    quota amount should be divided into two parts,
    the first part being allocated among those
    Member States, and the second forming a reserve
    intended to cover the later requirements of:the'
    Member States which have used up their initial
    share of the quota ; whereas, in order to ensure a
    certain dcgrecc of security to importers in each
    Member State, the first part of the quota should
  • be fixed, in this case, at approximately 75 % ;
 ---pagebreak---                                                          ANNEX I
                                         - 3 -
– the initial share " of the quota of the Member
    States concerned may be used up at different
  . rates ; whereas, in order to take this into account
    and to avoid any break in continuity, a Member
    State which has almost used up its initial share of
    the quota should draw an additional share from
    the reserve ; whereas this must be done by each
    Member State as each of its additional shares of
    the quota is almost used up, and repeated as
    many times as the reserve allows ; whereas the
    initial and additional shares of the quota must be
    valid until the end of the quota period ; whereas
'   this method 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;
– if, at a specified date in the quota period , a
    considerable quantity of the initial share ofc the
    quota is left over in a Member State, that
    Member State must transfer a significant portion
    of it back into the reserve, to prevent part of the
    quota allocated to the Community as originally ,
    constituted from remaining unused in one
    Member State when it could be used in others ;
– since the Kingdom of Belgium , the Kingdom of
    the Netherlands and the Grand Duchy of
    Luxembourg are united in and jointly represented
    by the Benelux Economic Union, any measures
    concerning the administration of shares granted
    to that Economic Union may be carried out by
    any one of its members ;
Whereas as regards in particular the new Member
States :
– pursuant to' the' Protocol, a gross amount of 30
    metric tons is allocated to the new Member
     States; whereas, for the purposes of the allocation
    of this amount among them, the past and
     foreseeable situations arc comparable to those
    facing the Member States of the Community as
     originally constituted ; whereas, therefore, the
     quota should also be allocated among the new
     Member States in equal shares ;
– the quota duties arc to be calculated by the new •
     Member States in accordance in particular with
     Articles 3 , 4 , 5 , 6 and 7 of the Protocol ;
– equal and continuous access to the quota should
     be ensured for all importers and quota duties
     should be applied consistently to all imports of
     the said goods until the quota is used up ;
 ---pagebreak---                                                                                 ANNEX I
                                                          - 4 -
                                                             •     ,     V:
            HAS ADOPTED THIS REGULATION :                                i
                           t          Article 1 •                          ^
                                                                           s
           A Community tariff quota of 100 metric tons is ;
           opened within the Community for the period 1 \
January 197'+      t0 31 December 197^ in respect of man-madi \
           fibres (discontinuous or waste), carded, combed or i
           otherwise prepared for spinning, falling within \
            heading No 56.04 of the Common Customs Tariff, . J.
           originating in Cyprus. This quota shall be allocated :\
            and administered in accordance with the following j
           provisions.              s                .                       f.
            Provisions applicable to the Community as originally
                                    constituted
                    *
                                      Article 2
           The Common Customs Tariff duties are partially
           suspended at the rates indicated below in respect of
           70 metric tons of the quota referred to in Article 1 :
                 CCT                                             Rate of
               hc.iding               Description                 dut >*
                 No                                           ..   %
                56.04    -  Man-made fibres (discon­
                           tinuous or waste), carded,
                           combed or otherwise pre­
                           pared for spinning:
                           A. Produced by polymeri­
                               zation or condensation
                               of organic monomers                2-5
                           B. Produced by chemical
                               transformation of natu­
                               ral organic polymers               3-0
                                  •   Article 3
           1 . A first part amounting to 52 metric tons of the
            amount specified in Article 2 is allocated among the
           Member States ; the shares which , subject to Article
            are valid until 31 December 1974. are as follows:
                           Bénélux                    tons
                           Gcrmany                13 tons
                           France                 13 tons
                           Italy                  13 tons.
           2.     The second parr, amounting to IS metric tons,
           constitutes the reserve.
 ---pagebreak---                            Article 4
 1.    If 90 % or more of the initial share of a
 Member State laid down in Article 3 ( 1 ), or 90 % of
 that share less the amount returned into the reserve
 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
 a second share, equal to J 5 % of its initial share,
 rounded up to the next unit where appropriate, to
 the extent that the reserve is sufficient.
 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 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 reserve is
 sufficient.                          '
 3 . If, afrer its second share has been exhausted,
 90 % or more of the third share drawn by a Member
 State has been used, that Member State shall proceed ,
 pursuant to the provisions of paragraph 2, to draw a
 fourth share equal to the third .
 This process shall be applied until the reserve, is
 exhausted .
 4. Notwithstanding 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 that those shares might not be used up.
They shall inform the Commission of the reasons
 which led them to apply this paragraph.
                          Article S
The additional shares drawn pursuant to Article 4
shall be valid until 31 December 197^-.
                        ■ 'Article 6                 1
 If, by 15 September 197% a Member State has not
 used up its initial share, it shall not later than 10
October 1974 return to the reserve the unused
portion of this share in excess of 20 % of the inital
 amount. It may return a larger quantity if there ; are
reasons to consider that such quantity might not be
used .                           .                .  ..
The Member States shall , not later than 10 October
1974, notify to the Commission of the total imports
of the said goods effected up to and including 15
September 197^, and charged against the Community
quota and , where appropriate, the proportion of their
initial share that is being returned to the reserve.
 ---pagebreak---                                                               ' ANNEX I
                                    - 6 -
                             Article 7
    The Commission shall keep account of the shares
    opened by Member States in accordance with Articles
    3 and 4 and shall inform each State of the extent to
    which the reserve has been used up as soon as it
    receives the notifications.                         •   ■
    The Commission shall, not later than 15 October
    197^", notify the Member States of the amount still in
  ' reserve after the return of shares pursuant to
    Article 6.
                                               ' ,    I
    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 last drawing.           «
                             Article S
    The Member States shall take all appropriate
    measures to ensure that when additional shares are
    drawn pursuant to Article 4, it is possible for charges
   to be made without interruption against their
    accumulated shares of the Community quota.
    %
                            Article 9
    1. Member States shall guarantee to importers of
   the said goods established in their territory free access
   to the share allocated to them.
   2. Member States shall charge imports of the said
   goods against their shares accordingly as the goods
   are presented for customs clearance under cover of
   declarations that they have been made available for
   consumption.
   3.    The extent to which the Member States' shares
   have been used up shall be recorded on the .basis of
   the imports charged in the conditions laid down in
   paragraph 2.
                     •  '   Article 10
   Member States shall inform the Commission at
   regular intervals of imports of the said products
   originating in the Republic of Cyprus actually
   charged against their shares.             .
                                                    :     1
                           Article 11              *<
   Member States and the Commission shall cooperate .
   closely in order to ensure that the provisions of this
. Regulation are observed.
 ---pagebreak---                                                                                    ANNEX I
                                              - 7 -
                     Provisions applicable to the new Member States
                                / •
                                        Article 12
                  Within the limits of these tariff quotas referred to in
         Article 1           , the new Member States apply
                   the duties mentioned in colu;r.n 2
                   of the schedule below , in tilace of
                   the duties to be applied to third
                   countries with effect 'from 1 January
                  1974 which are* mefrtioned in column 3 :
CCT headins l.o                   Duty     v/ithin                  Duties
                                  the quota                         third countries
                                                                            2
A. Denmark
   56.04 A                                  1      %■                    3,2 %
   56.04 B                                  1,2 %                        4    %
B. Ireland
   56.04 A                                24       %.                  27,4 %
                                            1      %                     3,4 %
   56.04 Β                                24       %                   28 ' %
                                            1,2 %                        4    %
C. United Kingdom
   56.04 A                                  6     ■%                     8,5 %
   56.04 B                                  6                           10    %
                                                                                    • · · I· '
 ---pagebreak--- r
                                                                                      ANNEX I
                                                  8 -
                                           Article 13
                    A total amount of 30 metric tons of the quota
                    referred to in Article 1 is allocated among the new
                    Member States as follows :
                           Denmark                   10 metric tons,
                           Ireland                   10 metric tons
                        « United Kingdom             10 metric tons.
                                       ■ Article 14
                  Articles 9, 10 and 11 shail apply to the new Member
                  States.
                                                              I
                                    %
                                          Article 1S                • .
                 This Regulation shall enter into
                 force on 1 January 197 ^»
  wLRC8Ul:Ui0n Slu11 bc b'ntling in its cmircty and directly applicable in all Member
  States,
  Done at Brussels,
                                                                      For the Council
                                                                        The President
                                                                  v
 ---pagebreak---                                                                                             ANNSX II
                                    PROPOSAL FOR A
                  REGULATION (EEC)                        »   OF THE COUNCIL
  on the opening,  " allocation
                      allocation   ana administration of a Community tariff quota for men $
  and boys' outer  er garments
                      garments    falling within heading No 61.01 of the'Common Customs
                          . Tariff, originating in the Republic of Cyprus
    THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       .
    Having regard to the Treaty establishing " the
    European Economic Community and in particular                    *
    Article 113 thereof,
                                                i
    Having regard to the proposal from the Commission, ,
    whereas      the     Agreement (')       establishing      an
    Association between the European Economic
    Community 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 Economic Community, hereinafter
    called 'the Protocol', provide for the opening of an
    annual Community tariff quota of 500 metric tons of
    men's and boys' outer garments falling within
    heading No 61.01 of the Common Customs Tariff,
    originating in Cyprus; whereas pursuant to the joint
    declaration on Article 2 of the Protocol the tariff
    quota should be allocated among the Member States,
    as follows: 100 tons for the Community as originally ;
    constituted and 400 tons for the new Member States;
    whereas Article 1 of Annex I to the Agreement
    provides that the duties applicable to the quota shall .
    be equal to 30 % of the Common Customs Tariff
    duties; whereas, as regards the duties applicable to
    goods within the limits of the quota hy the new
    Member States, the special provisions of the Protocol
    and of the Act of Accession (3) should be observed ;
    whereas a Community tariff quota of 500 metric tons
  • should be opened in respect of the abovementioncd
    products ; whereas to comply with the special
    provisions of 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 Member States on the other hand;
    Whereas as regards in particular the Community as
    originally constituted :
    ( 1 ) O.J. no. h 133 Of 21.5.73 , P. 1
    ( 2 ) O.J. Ko . L 133 of 21.5.73 , p . 88
           O.J. Vn . T,         -7 3 o *                    Ti . 14
 ---pagebreak---  equal and continuous access to the quota should
 be ensured for all importers and quota duties
 should be applied consistently to all imports of
 the goods in question until the quota is used up ;
 in the light of the principles elicited above, the
  Community nature of the quota may best be
 preserved by an arrangement allocating it among
  the Member States ; whereas in order to reflect
 most accurately the actual development of the
  market in the said goods, such allocation should
  be proportionate to the requirements of the
  Member States, calculated both from statistics of
  each State's imports of the said products
  originating in the Republic of Cyprus over a
  representative reference period and from the
  economic outlook for the quota period
  concerned ;
  however, in view of the fact that during the last
  three years no such products originating in
  Cyprus have been imported and no forecast can
  be made for 197^, an initial share percentage of
  25 % allocated to each of the Member States
  concerned would ensure a fair distribution among
  them ;              #
  in order to take into account trends in imports of
' the said goods in the Member States concerned ,
   the quota amount should be divided into two
   parts, the first part being allocated among those
   Member States and the second forming . a reserve
   intended to Cover the later requirements of the
   Member States which have used up their initial
   share of the quota ; in order to ensure a certain
   degree of security to importers in each Member
   State, the first part of the quota should be fixed , .
   in this case, at approximately 75 % ;
   the initial share of the quota of the .Member
   States concerned may be used up at different
   rates ; whereas, in order to take this into account
   and to avoid any break in continuity, a Member
   State which has almost used up its initial share of
   the quota should draw an additional share from
   the reserve; whereas this must be done bv each
 ---pagebreak---       Member State as each of its additional shares of
      the quota is almost used up, and repeated as
      many times as the reserve allows ; whereas the
      initial and additional quota shares must be valid
      until the end of the quota period ; whereas this
      method     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;
                              \
– if, at a specified date in the quota period , a
      considerable quantity of the initial quota share is
 ' left over in a Member State, that Member State
     must transfer a significant proportion of it back
      into the reserve to prevent part of the quota
      allocated to the Community as originally
      constituted from •> remaining - unused in one
      Member State when it could be used in others;
– since the Kingdom of Belgium , the Kingdom of
     the Netherlands and the Grand Duchy of
     Luxembourg arc united in and jointly represented
     by the Benelux Economic Union , any measure
     concerning the administration of shares granted
     to that Economic Union may be carried out by
    'any one of its members;
Whereas, as regards in particular the new Member
States :      *'
– pursuant to the Protocol' a gross amount of 40'0
     metric tons is allocated to the new Member
    States; whereas the same general criteria for
     allocation as those used for the Member States of
     the Community as originally constituted should
     be applied ; whereas, however, the United Kingdom
    has been the sole importer of such goods from
     Cyprus
                            ; whereas in view of these
    factors and the need to ensure a fair allocation
    among those Member States of the 400 metric
     tons in question , the percentage shares of that
    quantity can be established as follows: ■
   – Dcnmark : 15
                                               *
   – Ireland : 15
    – Unired Kingdom : 70 ;
                                                       >.1
– the quota duties are to be calculated by the new
    Member States in accordance with Articles 3, 4, 5,
   6 and 7 of the Protocol ;
– equal and continuous access to the quota should
   be ensured for all importers and quota duties
 ---pagebreak---                                                                                ANNEX II
                                                       - 4 -
             should be applied consistently to nil imports of                <
             the said goods until the quota is used up.                 .    |
         HAS ADOPTED THIS REGULATION:
                                   Article 1
                                                               i
         A Community tariff quota of 500 metric tons is
         opened within the Community for the period 1
January 197*fto 31 December 197+ in respect of men's and
         boys' outer garments falling within heading No 61.01
         of the Common Customs Tariff, originating in Cyprus.
         This quota shall be allocated and administered in
         accordance with the provisions set out bfclow.
         Provisions applicable to the Community as originally
                               constituted                                 *
                                 • Article 2
        The Common Customs Tariff duty is partially
        suspended at the rate of 5-1 % in respect of 100 metric
        tons of the quota referred to in Article 1 .
                          *                                      ;    .
                        . .       Article 3                              f
                                                                  •       >
        1 . A first part amounting to 72 metric tons of the
         amount specified in Article 2 is allocated among the
         Member States ; the shares which , subject to Article 6,
         are valid until 31 December 197^ arc as follows:
                   ' Bénélux
                     Benelux             18 metric tons
                                                                 .1
                     Germany             18 metric tons
                     France              18 merric tons
                     Italy               18 metric tons.
                                                         #
        2,     The second parr, amounting to 28 metric tons,
        constitutes the reserve.                             .     ..
                                Article 4
        1.   ' If 90 % or more of the initial share of a .
        Member State laid down in Article 3 ( 1 ), or 90 % of
        that share less the amount returned into the reserve
        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
        a second share, equal to 15 % of its initial share,
        rounded up to the next unit where appropriate, to
        the extent that the reserve is sufficient.         ,
 ---pagebreak---      2. If, after its initial share lias 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 reserve is
    sufficient.
    3. If, after its second share has been exhausted,
    90 % or more of the third share drawn by a Member
    State has been used, that Member State shall proceed,
    pursuant to the provisions of paragraph 2, to draw a
    fourth share equal to the third . This process shall be
     applied until the reserve is exhausted.
    4. Notwithstanding paragraphs 1 , 2 and 3, a
    Member State may proceed to draw shares smaller
    than those Jixed in those paragraphs if there is reason
    to believe that those .shares might not be used up.
    They shall inform the Commission of the reasons
   which led them to apply this paragraph.
                            Article S
   The additional shares drawn pursuant to Article 4
    shall be valid until 31 December 197 ^.
                            Article 6
   If, by 15 September 1974-, 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 not be
   used. ■                                              i
   The Member States shall, not later than 10 October
   197 notify the Commission of the total imports of
   the said goods effected up to and including ,15
   September 197 ^ and charged against the Community
   quota and, where appropriate, the proportion of their
   initial share that is being returned to the reserve.
                            Article 7
   The Commission shall keep an account of the -
   quota-shares opened by the Member States' in '
   accordance with Articles 3 and 4 and shall inform
. each state of the extent to which the reserve has been
   used up as soon as it receives the notifications.
  .The Commission shall, not later than 15 October
   197% notify the Member States of the amount still
 ---pagebreak---  in reserve after the return of shares pursuant to
 Article 6. .
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 niakes
the last drawing.
                                                       I
                        Article 8            '
The Member States shall take - all appropriate
measures to ensure that when additional shares are
drawn pursuant to Article 4 it is possible for changes
to be made without interruption against their"
accumulated shares of the Community quota.
                        Article 9
1 . The Member States guarantee to importers of
the said goods established in their territory free access
to the share allocated to them .                  , .
2. The Member States shall charge imports of the '
said goods against their share accordingly as the
goods arc presented for customs clearance under
cover of 'declarations that they have been made
available for consumption.
3.    The extent to which the Member States' shares
have been used up shall be recorded on the basis of
the imports charged in the conditions laid down in
paragraph 2.                                              '
                       Article 10
Member • States shall inform the Commission at
regular intervals of imports of the said products
originating in the Republic of Cyprus actually
charged against their quota-shares.                , ;
                       Article 11
The Member States and           the Commission shall
cooperate closely in order ' to ensure that r, the
provisions of this Regulation arc observed.
 ---pagebreak---                                                                                     ANNEX II
   β                                                        ■
                                                     - 7 -
                    Provisions applicable to the new Member States
                                      Article 12
                   Within the limits of these tariff quotas referred . to in
        Article 1 xjwckIxxx,, the new Member States apply
                   the duties mentioned in column 2
                   of the schedule beXow , in place of
                  'the duties to be applied to third
                   countries v/ith effect from 1 January
                   iS7'f which are ncfrtioned in column 3 •
CC'J1 heading No                 Duty withm                        Duties
                                  the quota                        third countries
        1                                                                   35
A. Denmark
                                             2     % .                   6,8 %
                                             6     %                   12 ; 8 %
                                           12      %                   17      %
                                           13,5 %                      20,3 %
B. Ireland
                                             4,8 %                     11,6 a
                                           36      %                   42,8 %
                                           L 1,80 each .               Ta 1,80 each + 6,8 %
                                           36      %
                                                   CL
                                                   JO                  42,8 %
C. United Kingdom                          L 0,1500 lb                 L 0,1500 lb + 6,8 %
                                           12      %                   17      %
 ---pagebreak---                                                                                            •ANNEX II
                                         - 8 -
                                                       j
                               **                   *                  •
                                      Article 13
                                                          ι
             A total amount of 400 metric tons of the quota
             referred to in Article 1 is allocated among the new
             Member States as follows :
                    Denmark                     SO metric tons
                    Ireland                     60 metric tons
                    United Kingdom            280 metric tons.
                                     Arftcle 14              '
          . States      10 a',d . 11 Sha11 3pply IO thc n*w Member
                                    Article 15           . ■
            This Regulation shall enter into
            force on 1 January 197 ^.
States.
              i0n Sha11 bc bindi"e        ks cntircly and dircctIy applicable in all Member
Done at Brussels,
                                                                         For the Council
                                                                          The President