CELEX: 31974R2916
Language: en
Date: 1974-11-18 00:00:00
Title: Regulation (EEC) No 2916/74 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 Israel

26 . 11.74                         Official Journal . of the European Communities                            No L 315 /9
                              REGULATION (EEC) No 2916/74 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 Israel
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                        requirements of the Member States calculated from
                                                                 both statistics of imports from Israel during a rep­
                                                                 resentative reference period and the economic
Having regard to the Treaty establishing the Euro­               outlook for the tariff period in question ;
pean Economic Community, and in particular Article
 113 thereof;
                                                                 Whereas, during the last three years for which
Having regard to the proposal from the Commission ;              statistics are available, the corresponding imports
                                                                 by each of the Member States represent the following
                                                                 percentages of the imports into the Community from
Whereas the Agreement between the European
                                                                 Israel of the products concerned :
Economic Community and the State of Israel , signed
at Luxembourg on 29 June 1970, provides in
Article 2 ( 1 ), together with Article 3 of Annex I,                                                     1972
                                                                                              1971                 1973
for the opening by the Community for the period
from 1 January 1975 to 30 September 1975 of a
 Community tariff quota of 225 metric tons of other              Germany                      89-9      94-5       89·8
woven fabrics of cotton falling within heading                   Benelux                       —
                                                                                                          0-5       0-1
No 55.09 of the Common Customs Tariff,
                                                                 France                        2-5        2-5       4-6
 originating in Israel ; whereas, pursuant to Article 1
 of the said Annex, the quota duty is equal to 50%               Italy                         7 -6       2-5       5-5
of the Common Customs Tariff duty in respect of
the product concerned ; whereas, therefore, a Com­
munity tariff quota of 225 metric tons at duty rates
of 6-5% , 7% , 7% and 7-5% for products falling
within subheadings 55.09 A I, A II, B I and B II                 Whereas, in view of these factors and of the estimates
 respectively should be opened ;                                 submitted by certain Member States, initial quotas
                                                                 may be fixed approximately at the following percen­
Whereas the Community tariff quota in question                   tages :
should be opened for the year 1975 ; and whereas,
however, because of the possibility of implementing                       Germany                             88-9
other preferential arrangements as a result of a new
                                                                          Benelux                              1-3
agreement between the European Economic Commu­
nity and the State of Israel, it is necessary to limit                    France                               4-5
the quota period to the date the new Agreement
enters into force.                                                        Italy                                5-3
Whereas equal and continuous access to the quota
should be ensured for all Community importers and               Whereas, to take account of future import trends in
the rate of levy for the tariff quota should be applied         the various Member States for the products con­
consistently to all imports of the product in question           cerned, each quota volume should be divided into
until the quota is used up ; whereas a Community                 two tranches, the first being allocated amongst the
tariff arrangement based on an allocation between               Member States and the second held as a reserve to
the Member States would seem to preserve the                    cover at a later date the requirements of Member
Community nature of the quota ; whereas, to                     States which have used up their initial share ; whereas,
represent as closely as possible the actual develop­            to give importers some certainty, the first tranche
ment of the market in the product in question,                   of each Community tariff quota could be fixed at
the allocation should follow proportionately the                 about 75% of the quota volumes ;
 ---pagebreak--- No L 315/ 10                            Official Journal of the European Communities                                26 . 11 . 74
Whereas the initial shares may be used up more or                     Whereas, since the Kingdom of Belgium, the Kingdom
less quickly ; whereas, therefore, to avoid disruption                of the Netherlands and the Grand Duchy of Luxem­
of supplies, any Member State which has almost used                   bourg are jointly represented by the Benelux Econ­
up its initial share must draw a supplementary share                  omic Union, any measure concerning the adminis­
from the reserve ; whereas this must be done by each                  tration of the shares allocated to that Economic Union
Member State as each one of its supplementary shares                  may be carried out by any one of its members,
is almost used up, and as many times as the reserve
allows ; whereas each initial and supplementary share
must be valid until the end of the quota period ;
whereas this form of administration requires close                    HAS ADOPTED THIS REGULATION :
collaboration between the Member States and the
 Commission, and the Commission must be in a pos­
ition to follow the extent to which the tariff quotas                                          Article 1
 have been used up and inform the Member States
 thereof;
                                                                      From 1 January 1975 until the date of entry into
                                                                      force of a new Agreement between the European
Whereas if, at a given date in the quota period, a                    Economic Community and the State of Israel but
considerable quantity of the initial share is left over               not later than 30 September 1975, the Common
 in a Member State, it is essential that each State                   Customs Tariff duties in respect of the products
should return a significant proportion to the reserve                 originating in Israel set out in the table below shall
to prevent a part of the Community quota from                         be partially suspended at the rates indicated for each
remaining unused in one Member State when it could                    of them, within the limits of an overall Community
be used in others ;                                                   tariff quota of 225 metric tons :
                   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 of less than 85 cm                                      6-5
                                    II . Other                                                             7-0
                                 B. Other :
                                     I. Of a width of less than 85 cm                                      7-0
                                    II. Other                                                              7-5
                          Article 2                                                            Article 3
1 . A first tranche of 169 metric tons of the Com­
                                                                      1 . If 90 % or more of a Member State's initial share
munity tariff quota referred to in Article 1 shall be                as specified in Article 2 ( 1 ), or of that share minus
allocated among the Member States ; the shares                       the portion returned to the reserve where Article 5 is
which, subject to Article 5, shall be valid until the                 applied, has been used up, that Member State shall
end of the period stipulated in Article 1 shall be as                without delay, by notifying the Commission, draw
follows :
                                                                     a second share equal to 15% of its initial share,
                                                                     rounded up where necessary to the next unit to the
        Germany                     150 metric tons
                                                                      extent permitted by the amount of the reserve.
        Benelux                         2 metric tons
        France                          8 metric tons
                                                                     2. If, after its initial share has been used up, 90% or
        Italy                           9 metric tons                more of the second share drawn by a Member State
                                                                     has been used up, that Member State shall, in accord­
                                                                     ance with the conditions imposed by paragraph 1 ,
2 . A second tranche of 56 metric tons shall consti­                 draw a third share, equal to 7-5% of its initial share,
tute a reserve .                                                     rounded up where necessary to the next unit.
 ---pagebreak---  26 . 11.74                          Official Journal of the European Communities                          No L 315/ 11
 3 . If, after its second share has been used up, 90%           It shall inform the Member States, not later than
 or more of the third share drawn by a Member State             5 August 1975 , of the amount still in reserve after
 has been used up, that Member State shall, in accord­          amounts have been returned thereto pursuant to
 ance with the same conditions , draw a fourth share            Article 5 .
 equal to the third.
                                                                It shall ensure that the drawing which uses up the
 This process shall continue to apply until the reserve         reserve is limited to the balance available and to this
 is used up .                                                   end shall specify the amount thereof to the Member
                                                                State making the last drawing.
4 . By way of derogation from paragraphs 1 to 3 ,
 a Member State may draw shares lower than those                                        Article 7
fixed in those paragraphs if there are grounds for
believing that they may not be used up . It shall               1 . Member States shall take all measures necessary
inform the Commission of its reasons for applying               to ensure that supplementary shares drawn pursuant
 this paragraph.                                                to Article 3 are opened in such a way that imports
                                                                may be charged without interruption against their
                         Article 4                              accumulated shares in the Community quota.
Supplementary shares drawn pursuant to Article 3               2. Member States shall ensure that importers of the
shall be valid until the end of the period stipulated          said goods established in their territory have free
                                                                access to the shares allocated to them .
in Article 1 .
                                                               3 . Member States shall charge imports of the said
                         Article 5                             goods against their shares as and when such goods
                                                                are entered for home use .
A Member State which on 15 July 1975 has not used
up its initial share shall return to the reserve not           4.   The extent to which a Member State has used
later than 1 August 1975 the unused portion exceed­            up its share shall be determined on the basis of
ing 20% of the initial amount. It may return a greater         imports charged in accordance with paragraph 3 .
portion if there are grounds for believing that it may
not be used up .                                                                        Article 8
Member States shall , not later than 1 August 1975 ,
notify the Commission of the total quantities of the           Member States shall inform the Commission at regu­
said goods imported up to and including 15 July 1975           lar intervals of imports actually charged against
and charged against the Community tariff quota and             their shares .
any quantities of the initial share returned to the
reserve .                                                                               Article 9
                                                               The Member States and the Commission shall co­
                         Article 6                             operate closely in order to ensure that this Regulation
                                                               is observed.
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2                                     Article 10
and 3 and shall, as soon as it has been notified,
inform each state of the extent to which the reserve           This     Regulation    shall    enter  into  force   on
has been used up .                                             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