CELEX: 31974R2087
Language: en
Date: 1974-08-02 00:00:00
Title: Regulation (EEC) No 2087/74 of the Council of 2 August 1974 increasing the Community tariff quota opened for 1974 by Regulation (EEC) No 3593/73 for certain plywoods of coniferous species falling within heading No ex 44.15 of the Common Customs Tariff

9. 8. 74                               Official Journal of the European Communities                            No L 218/ 1
                                                               I
                                             (Acts whose publication is obligatory)
                              REGULATION (EEC) No 2087/74 OF THE COUNCIL
                                                      of 2 August 1974
             increasing the Community tariff quota opened for 1974 by Regulation ( EEC) No
             3593/73 for certain plywoods of coniferous species falling within heading No ex
                                           44.15 of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN                                        should draw a further share , and so on as many times
COMMUNITIES,                                                       as the reserve allows ; whereas the initial and ad­
                                                                   ditional shares should be valid until the end of the
Having regard to the Treaty establishing the European              quota period ; whereas this form of administration
Economic Community and in particular Article 28                    requires close collaboration between the Member
thereof ;                                                          States and the Commission , and the Commission
                                                                   must be in a position to keep account of the extent to
Having regard to the draft Regulation submitted by                 which the quotas have been used up and to inform
the Commission ;                                                   the Member States accordingly ;
Whereas, for certain plywoods of coniferous species                Whereas if at a given date in the quota period a
falling within heading No ex 44. 15 .of the Common                 considerable quantity of a Member State's initial share
Customs Tariff, a duty-free Community tariff quota,                remains unused it is essential , to prevent a part of a
the amount of which has been fixed at an initial level             quota from remaining unused in one Member State
of 500 000 cubic metres, has been opened by the                    while it could be used in others , that such State
Council and allocated among the Member States by                   should return a significant proportion thereof to the
Regulation ( EEC) No 3593 /73 (') ;                                reserve ,
Whereas the economic data relative to the consump­
tion and production of these products do not yet                   HAS ADOPTED THIS REGULATION :
permit Community requirements of imports from
non-member countries to be evaluated with absolute
certainty ; whereas it appears that certain Member                                          Article 1
States have additional requirements which cannot be
met by Community production ; whereas the tariff                    1 . The volume of the Community tariff quota
quota concerned should therefore be increased by an                opened by Regulation (EEC) No 3593/ 73 for certain
appropriate amount, approximately 100 000 cubic                    plywoods of coniferous species falling within heading
metres ;
                                                                   No ex 44.15 of the Common Customs Tariff is hereby
                                                                   increased from 500 000 to 600 000 cubic metres .
Whereas, to take account of future import trends for
the products concerned owing to the uncertainty of                 2.    This  increase   of  100 000  cubic   metres  shall
the additional requirements of Member States, a                    constitute a reserve .
Community reserve equal to the proposed increase
should be set up ;
                                                                                            Article 2
Whereas the initial shares allocated to Member States
may be exhausted at different rates ; whereas to avoid              1.   As soon as a Member State has used 90 % or
disruption of supplies on this account it should be                more of its share as fixed in Article 2 of Regulation
provided that any Member State which has almost                    ( EEC) No 3593 / 73 , or that share minus any portion
used up its initial share should draw an additional                returned to the reserve pursuant to Article 4 hereof, it
share from the reserve ; whereas each time its ad­                 shall forthwith , by notifying the Commission , draw a
ditional share is almost ^exhausted a Member State                 second share , to the extent that the reserve so permits
                                                                   equal to 10 % of its initial share rounded up as neces­
(') OJ No L 365 , 31 . 12 . 1973 , p. 45 .                         sary to the next whole number.
 ---pagebreak--- No L 218 /2                      Official Journal of the European Communities                                9. 8 . 74
2.     As soon as a Member State, after exhausting its       the products in question imported up to and
initial share, has used 90 % or more of the second           including 15 October 1974 and charged against the
share drawn by it, that Member State shall forthwith,        quota and of any portion of their shares returned to
in the manner and to the extent provided in para­            the reserve .
graph 1 , draw a third share equal to 5 % of its initial
share .                                                                               Article 5
3.     As soon as a Member State, after exhausting its       The Commission shall keep an account of the shares
second share, has used 90 % or more of the third
                                                             opened by the Member States pursuant to Article 2 of
share drawn by it, that Member State shall forthwith,        Regulation (EEC) No 3593/73 and Article 2 of this
and in accordance with the same conditions and to
                                                             Regulation and shall, as soon as the information
the extent provided in paragraph 1 , draw a fourth           reaches it, inform each State of the extent to which
share equal to the third .                                   the reserves have been used up.
It shalhcontinue in this fashion until the reserve is
                                                             It shall, not later than 10 November 1974, inform the
exhausted .
                                                             Member State of the amounts still in reserve following
4.     By way of derogation from paragraphs 1 , 2 and        any return of shares pursuant to Article 4.
3, the Member States may draw shares lower than
                                                             It shall ensure that when an amount exhausting the
those specified in those paragraphs if there are             reserve is drawn the amount so drawn does not exceed
grounds for believing that those specified may not be        the balance available, and to this end shall notify the
used in full . Any Member State applying this para­
                                                             amount of that balance to the Member State making
graph shall inform the Commission of its grounds for
                                                             the last drawing.
so doing.
                       Article 3                                                      Article 6
Additional shares drawn pursuant to Article 2 shall be       1.    Every Member State shall take all appropriate
valid until 31 December 1974.                                measures    to   ensure  that  additional shares   drawn
                                                             pursuant to Article 2 are opened in such a way that
                       Article 4                             importations may be charged without interruption
                                                             against its accumulated share of the relevant quota.
Any Member State which on 15 October 1974 has not            2.    The administration of the additional shares shall
exhausted its share allocated pursuant to Article 2 of
Regulation ( EEC) No 3593/73 shall , not later than 10       be carried out in accordance with Article 3 of Regula­
November 1974, return to the reserve the unused              tion (EEC) No 3593/73 .
portion in excess of 20 % of the initial amount. It
may return a greater portion if there are grounds for                                 Article 7
believing that such portion may not be used in full .
                                                             This Regulation shall enter into force on the seventh
Member States shall , not later than 10 November             day following its publication in the Official Journal
1974, notify the Commission of the total quantities of       of the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 2 August 1 974.
                                                                          For the Council
                                                                            The President
                                                                           B. DESTREMAU