CELEX: 31974R2925
Language: en
Date: 1974-11-18
Title: Regulation (EEC) No 2925/74 of the Council of 18 November 1974 opening, allocating and providing for the administration of Community tariff quotas for certain textile products falling within heading Nos 55.05 and 55.09 and subheading ex 58.01 A of the Common Customs Tariff, coming from Turkey (1975)

No L 315 /36                            Official Journal of the European Communities                             26 . 11 . 74
                                REGULATION (EEC) No 2925 /74 OF THE COUNCIL
                                                    of 18 November 1974
              opening, allocating and providing for the administration of Community tariff quotas
              for certain textile products falling within heading Nos 55.05 and 55.09 and subheading
                     ex 58.01 A of the Common Customs Tariff, coming from Turkey ( 1975 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               for woven fabrics of cotton :
                                                                        1 000 metric tons to the Community as originally
Having regard to the Treaty establishing the                            constituted, 20 metric tons to Denmark, 10
European Economic Community, and in particular                          metric tons to Ireland and 360 metric tons to the
Article 113 thereof;                                                    United Kingdom ;
Having regard to the proposal from the Commission ;                Whereas, moreover, it appears desirable to provide
                                                                   for an initial provisional adjustment of the tariff
                                                                    advantages for these goods :
Whereas, pending the entry into force of the
Supplementary Protocol signed in Ankara on
30 June 1973 containing the adjustments to be made                 — for the Community as originally constituted, by
to the Agreement establishing an Association                             a total suspension of the customs duties of the
between the European Economic Community and                              Common Customs Tariff, and an increase of
Turkey and to the Additional Protocol (*)                                50% of the volume of quotas allocated to these
consequent on the accession of new Member States,                        Member States ;
the Community has undertaken, in an Interim
Agreement (2) which runs only for the period prior                  — for the new Member States, by a total suspension
to the entry into force of this Supplementary                            of the duties applicable within the limits of the
Protocol which is applicable until 31 December 1974                      quotas fixed above, increased by 50% ;
 but which has been extended for 1975 in accordance
 with the terms laid down in Article 13 thereof, to
 implement certain provisions of the Supplementary                  Whereas these adjustments may, if necessary, be
Protocol relating to trade in goods ; whereas, under                reviewed during the quota year ;
 Article 6 of this Interim Agreement amending
 Article 1 of Annex 2 to the Additional Protocol,
 the Community must reduce by 75% the customs                       Whereas pursuant to Article 1 of Annex 2 to the
 duties on imports from Turkey of certain textile                   Supplementary Protocol , together with Article 2 of
 products falling within heading Nos 55.05 and 55.09                the Interim Agreement, for the duration of 1975 in
 of the Common Customs Tariff, within the limit of                  particular, the Community must reduce by 25% the
 annual Community tariff quotas of 390 metric tons                  duties applicable in respect of third countries to
 for cotton yarn and 1 390 metric tons for woven                    carpets, carpeting and rugs, knotted (made up or not)
 fabrics of cotton, whereas the abovementioned                       of wool or of fine animal hair, ( excluding hand-made
 Article 6 allocates these Community tariff quotas as                carpets, carpeting and rugs ) imported from Turkey ;
 follows :                                                           whereas it also appears advisable to improve this
                                                                     tariff advantage provisionally by means of a total
                                                                     suspension of the duties applicable to the products
 — for cotton yarn :                                                 in question within a Community tariff quota initially
                                                                     fixed at 160 metric tons and allocated in accordance
      300 metric tons to the Community as originally
      constituted, 40 metric tons to Denmark, 10 metric              with the same percentages as those adopted for 1974
      tons to Ireland and 40 metric tons to the United               under the generalized tariff preferences ;
      Kingdom ;
                                                                     Whereas, in order to comply with the special
                                                                     provisions of the Interim Agreement, different
                                                                     systems should be provided for the Member States
  (x) OJ No L 293 , 29. 12 . 1972 , p. 4                             of the Community as originally constituted and for
  (2) OJ No L 277, 3 . 10. 1973 , p. 2.                              the new Member States ;
 ---pagebreak--- 26 . 11 . 74                           Official Journal of the European Communities                              No L 315 /37
Whereas, as regards the Community as originally                         development of the market in the product
constituted :                                                           concerned, such allocation shall be in proportion
                                                                        to the needs of the Member States, assessed by
                                                                        reference both to the statistics of each State's
— it is necessary to guarantee to all Community                         imports from Turkey over a representative period
     importers equal and uninterrupted access to the                    and to the economic outlook for the quota period
     abovementioned quotas and uninterrupted appli­                     concerned ; whereas, in spite of the limited need
     cation of the rate laid down for those quotas                      for imports from Turkey of the products
     to all imports of the product concerned into all                   concerned, as shown by the statistics for the
     Member States until the quota has been used                        majority of the Member States, the Community
     up ;
                                                                        character of the tariff quotas concerned should
                                                                        be safeguarded by making provisions to cover
— in the light of the principles mentioned above,                       needs which might arise in these Member States ;
     the Community nature of the quotas can best
     be respected by allocating the Community tariff                  — imports into the various Member States from
     quotas among the Member States ; whereas, in                       Turkey were as follows during the last three
     order to reflect most accurately the actual                        years for which complete statistics are available :
                                                           1971                  1972                 1973
                                                 metric tons      %    metric tons      %   metric tons      %
                Cotton yarn
                Germany                            8 4.58       49-19   11 736        48-35  10 734        42-79
                Benelux                            4 626        26-90    6 144        25-31   6 795        27-08
                France                               242         1-41       412        1-70      162        0-65
                Italy                              3 867        22-50    5 982        24-64   7 397        29-48
                 Other woven fabrics
                of cotton
                 Germany                             371        13-99       570       21-17      877       30-99
                Benelux                               848       31-97       995       36-96      953       33-67
                France                               603        22-74       747       27-75      412       14-56
                Italy                                 830       31-30       380       14-12      588       20-78
      in view of these figures and foreseeable market                   which have used up their initial shares ; whereas,
      trends for the products concerned during 1975 ,                   in order to ensure a certain degree of security
      the initial shares may be fixed approximately at                  to importers, the first instalment should be
      the following percentages :                                       determined at a relatively high level, which,
                                                                        under present circumstances, may be about 80%
                               Cotton yarn       Other woven
                                              fabrics of cotton         of each quota volume ;
              Germany               43-8         23-1
              Benelux                19-7        30-8                   the initial quota shares of the Member States
              France                  5-2        34-6                   may be used up at different times ; whereas, in
                                                                        order to take this fact into account and avoid
              Italy                 31-3          11-5
                                                                        any break in continuity, it is important that any
      in order to take into account the uncertainty of                  Member State having used up almost the whole
      the import trends for the products concerned in                   of one of its initial quota shares should draw
     the Member States, the quota volumes should be                     an additional quota share from the corresponding
      divided into two instalments, the first instalment                reserve ; whereas, this must be done by each
      being allocated to the Member States and the                      Member State as and when each of its additional
     second held as a reserve intended ultimately to                    quota shares is almost entirely used up and
      cover the requirements of those Member States                     repeated as many times as each of the reserves
 ---pagebreak---  No L 315/38                            Official Journal of the European Communities                                    26. 11 . 74
     allows ; whereas each of the initial and additional                Whereas as regards the new Member States in
     quota shares must be available for use until the                   particular :
     end of the quota period ; whereas this method
     of administration calls for close cooperation                      — the quota volumes to be allocated to thqse new
     between Member States and the Commission,                             Member States under Article 6 of the Interim
     which must, in particular, be able to observe the                     Agreement, as well as the duties to be applied
     extent to which the quota amount is used and                          in those Member States for the purposes of
     inform Member States thereof ;                                        these quotas determined in accordance with
                                                                           Article 2 of the said Agreement, are to be
                                                                            adjusted as set out below ;
 — if, at a specified date in the quota period, a
     considerable balance remains in one or other                      — equal and uninterrupted access to the quotas
     Member State it is essential that that Member                         should be ensured to all importers and the duties
     State pays a percentage of it back into the                           should be applied without interruption to all
     corresponding reserve to prevent a part of the                        imports of the products concerned until the
     Community quota from remaining unused in one                          quotas have been used up,
     Member State when it could be used in others ;
                                                                       HAS ADOPTED THIS REGULATION :
 — since the Kingdom of Belgium, the Kingdom of
     the Netherlands and the Grand Duchy of                                                     Article 1
     Luxembourg are united in and represented by the
    Benelux Economic Union, all transactions                           1 . From 1 January to 31 December 1975 , Com­
    concerning the administration of shares granted                    munity tariff quotas shall be opened for the
    to the abovementioned Economic Union may be                        following products coming from Turkey, as shown
     carried out by any one of its members ;                           below :
                     CCT
                   heading                                                                                  Quota
                                                             Description                                ( metric tons )
                     No
               55.05              Cotton yarn , not put up for retail sale                                    885
               55.09              Other woven fabrics of cotton                                            2 085
               58.01              Carpets , carpeting and rugs ( made up or not)
                                  ex A. Of wool or of fine animal hair excluding handmade
                                        carpets , carpeting and rugs                                           160
2 . The quotas shall be allocated and administered                     112 metric tons for carpets made of wool or fine
in accordance with the following provisions .                          animal hair.
                         SECTION I
                                                                                               Article 3
      Provisions applicable to the Community
                 as originally constituted
                                                                       1 . The quotas referred to in Article 2 shall be
                                                                       divided into two instalments .
                           Article 2
1 . Within the quota customs tariff duties shall be                    2 . The first instalment of each of these quotas shall
totally suspended within the limit of 750 metric tons                  be shared amongst the Member States ; the shares
for cotton yarn not put up for retail sale, 1 500                      which, subject to Article 6, shall be valid until
metric tons for other woven fabrics of cotton , and                    31 December 1975 shall be as follows :
 ---pagebreak--- 26 . 11.74                            Official Journal of the European Communities                          No L 315 /39
                                                  ( metric tons)                          Article 6
                                     CCT heading No
                             55 . OS     55.09       ex 58.01 A  If, on 15 September 1975 , a Member State has not
                                                                 used up one or other of its initial shares, it shall,
Germany                       252         240          34-7      not later than 10 October 1975 , return to the reserve
                                                                 the unused portion of this share in excess of 20%
Benelux                       113         320          12-9      of the initial amount. It may return a larger quantity
France                         30         360          24-4
                                                                 if there are reasons to consider that this may not
                                                                 be used .
Italy                         180         120          18-0
                                                                 The Member States shall , not later than
                                                                 10 October 1975 , notify the Commission of the
The second instalment of each quota, amounting                   total imports of the products concerned effected
to 175 , 460 and 22 metric tons respectively, shall              under the Community quotas up to and including
make up the corresponding reserve.                                15 September 1975 and, where appropriate, the
                                                                 proportion of each of their initial shares that they
                                                                 are returning to each of the reserves .
                        Article 4
1 . If 90% or more of one of any Member State's                                           Article 7
initial shares, as laid down in Article 3 (2) or 90%
of that share less the amount returned into the
corresponding reserve where Article 6 has been                   The Commission shall keep account of the shares
applied, has been used up , that Member State shall              opened by Member States in accordance with
without delay, by notifying the Commission, draw                 Articles 3 and 4, and shall inform each of them of
                                                                 the extent to which the reserves have been used as
a second share in the quota equal to 15% of its
                                                                 soon as it receives the notifications .
initial share, rounded up to the next unit where
appropriate, to the extent that the amount in the
reserve allows .                                                  ft shall, not later than 15 October 1975 , notify the
                                                                  Member States of the state of each of the reserves
                                                                  after the return of shares pursuant to Article 6 .
2 . If, after one or other of its initial shares has
been used up, 90% or more of the second share                    It shall ensure that any drawing which uses up
drawn by one of the Member States has been used                  a reserve is limited to the balance available and, for
up, that Member State shall , in the manner provided             this purpose, shall specify the amount thereof to the
for in paragraph 1 , draw a third share equal to                  Member State which makes the final drawing.
7-5% of its initial share .
3 . If, after one or other of its second shares has been                                  Article 8
used up, 90% or more of the third share drawn
by a Member State has been used up, the latter
shall, in the same manner, draw a fourth share                    The Member States shall take all measures necessary
                                                                 to ensure that, when additional shares are drawn
equal to the third .
                                                                 pursuant to Article 4, it is possible for imports to
                                                                  be counted without interruption against their
This procedure shall be followed until the reserve                accumulated shares of the Community tariff quotas .
has been exhausted .
4. Notwithstanding paragraphs 1 , 2 and 3 , Member
States may draw smaller shares than those fixed in                                      SECTION II
those paragraphs if there is reason to believe that
those shares might not be used up . They shall inform
the Commission of their reasons for applying this                Provisions applicable to the new Member States
paragraph .
                                                                                          Article 9
                        Article 5
                                                                   1 . Within the tariff quotas referred to in Article 1 ,
Each of the additional shares drawn pursuant to                   the following shares shall be allocated to the new
Article 4 shall be valid until 31 December 1975 .                 Member States :
 ---pagebreak--- No L 315 /40                         Official Journal of the European Communities                              26 . 11 . 74
                                                    (metric tons ) 2. The Member States shall count imports of the
                                     CCT heading No                products concerned against their shares as and when
                              55.05       55.09      ex 58.01 A    such products are presented for customs clearance
                                                                   under cover of a declaration that they have been
                                                                   made available for consumption.
Denmark                        60           30          11-2
Ireland                        15           15            1-6      3 . The extent to which the Member States' shares
United Kingdom                 60          540          35-2       have been used up shall be established on the basis
                                                                   of imports counted in accordance with paragraph 2.
                                                                                          Article 11
2 . Within the limits of these quotas, the new Mem­
ber States shall apply zero duties for the textile                 Member States shall      inform   the  Commission      at
products concerned.
                                                                   regular intervals of imports of the products
                                                                   concerned actually counted against their shares .
                        SECTION III
                                                                                          Article 12
                   General Provisions                              The Member      States   and   the   Commission    shall
                                                                   cooperate closely in order to ensure that this
                         Article 10                                Regulation is respected.
 1 . The   Member      States  shall   take     all  measures                             Article 13
 necessary to ensure for importers of the products
 concerned established in their territory free access              This Regulation shall enter into force on 1 January
 to the shares allocated to them.                                   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