CELEX: 31975R3158
Language: en
Date: 1975-11-24 00:00:00
Title: Regulation (EEC) No 3158/75 of the Council of 24 November 1975 opening, allocating and providing for the administration of a Community tariff quota for certain textile fibres, falling within heading No 56.04 of the Common Customs Tariff, originating in Cyprus (1976)

8 . 12. 75                                Official Journal of the European Communities                           No L 317/71
                                  REGULATION (EEC) No 3158/75 OF THE COUNCIL
                                                        of 24 November 1975
              opening, allocating and providing for the administration of a Community tariff quota
              for certain textile fibres, falling within heading No 56.04 of the Common Customs
                                                 Tariff, originating in Cyprus ( 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              Whereas, as regards the Community as originally
                                                                       constituted :
                                                                       — equal and uninterrupted access to the quota
Having regard to the Treaty establishing the
                                                                          should be ensured for all importers and quota
European Economic Community, and in particular
Article 113 thereof;                                                      duties applied continuously to all imports of the
                                                                          said products until the quota has been used up ;
Having regard to the proposal from the Commission ;                    — in the light of the above principles, the
                                                                          Community nature of the quota may best be
                                                                          preserved by an arrangement allocating it among
Whereas the Agreement (*) establishing an association                     these Member States ; whereas in order to provide
                                                                          the most accurate reflection of actual market
between the European Economic Community and
the Republic of Cyprus, hereinafter called 'the                           trends for the said products, such allocation
Agreement', and the Protocol (2) laying down                              should be proportionate to the needs of these
certain provisions concerning that Agreement as a                         Member States, calculated both from the
result of the accession of new Member States to the                       statistics for each Member State's imports from
European Economic Community, hereinafter called                           Cyprus over a representative reference period and
 'the Protocol', provide for the opening of an annual                     from economic prospects for the quota period in
 Community tariff quota of 100 metric tons of man­                        question ;
made fibres ( discontinuous or waste), carded, combed
or otherwise prepared for spinning, falling within
heading No 56.04 of the Common Customs Tariff,                          — however, as during the past three years no such
 originating in Cyprus ; whereas, pursuant to the Joint                   products originating in Cyprus have been
Declaration in Article 2 of the Protocol, the tariff                      imported and as no forecast can be made for
 quota should be allocated among the Member States                         1976, a significative and balanced participation
 as follows : 70 metric tons for the Community as                         by each of these States on this quota would
 originally constituted and 30 metric tons for the new                     ensure fair distribution among them ;
 Member States ; whereas Annex I to the Agreement
 provides that the duties applicable to the quota shall
 be equal to 30% of the Common Customs Tariff                           — in order to take account of import trends for
 duties ; whereas as regards the duties applicable to                     the products in question in the Member States
 goods within the limits of the quota by the new                           concerned, the quota amount should be divided
 Member States, the special provisions of the Protocol                    into two instalments, the first instalment being
 and of the Act of Accession (3) should be observed ;                      allocated among the same Member States, the
 whereas to comply with the special provisions of                          second instalment constituting a reserve intended
 the Protocol, separate arrangements should be made                        to cover the later requirements of Member States
 for the Member States of the Community as                                 which have used up their initial quota shares ;
 originally constituted on the one hand, and for the                      whereas in order to ensure a certain degree of
 new Member States on the other;                                           security to importers in each Member State, the
                                                                           first instalment of the quota should be fixed in
                                                                           this case at approximately 75% ;
  (!) OJ No L 133, 21 . 5 . 1973 , p. 1 .
  (2) OJ No L 133, 21 . 5. 1973, p. 88 .                                — the initial quota shares may be used up at
  (3) OJ No L 73, 27. 3 . 1972, p. 14.                                     different times ; whereas, therefore, to avoid
 ---pagebreak--- No L 317/72                       Official Journal of the European Communities                                      8 . 12 . 75
  disruption of supplies, any Member State which             HAS ADOPTED THIS REGULATION :
  has almost used up its initial quota share, shall
   draw an additional quota share from the reserve ;
   whereas this shall be done by each Member State
  whenever one of its additional quota shares has                                        Article 1
   been almost used up, and as many times as the
   reserve allows ; whereas the initial and additional       From 1 January to 31 December 1976 a tariff quota
   quota shares shall be valid until the end of the          of 100 metric tons shall be opened within the
   quota period ; whereas this form of administration        Community in respect of man-made fibres
   requires close collaboration between the Member           ( discontinuous or waste), carded, combed or other­
   States and the Commission, and the Commission             wise prepared for spinning, falling within heading
   must be in a position to follow the extent to             No 56.04 of the Common Customs Tariff,
  which the quota volume has been used up and                originating in Cyprus . This quota shall be allocated
   inform the Member States thereof;                         and administered in accordance with the following
                                                             provisions .
   if, at a given date in the quota period, a
   considerable quantity of the initial quota share                                    SECTION I
   is   left over   in  one   of the   Member    States
   concerned, it is essential that that State should         Provisions applicable to the Community as originally
   return a significant proportion to the reserve to                                   constituted
   prevent a part of the quota allocated to the
   Community as originally constituted from
   remaining unused in one Member State when it                                          Article 2
   could be used in others ;
                                                             The Common Customs Tariff duties shall be partially
                                                             suspended at the rate indicated below for 70 metric
   since the Kingdom of Belgium, the Kingdom of              tons of the quota referred to in Article 1 :
   the Netherlands and the Grand Duchy of
   Luxembourg are united in and represented by
   the Benelux Economic Union, any measure
   concerning the administration of the quota                      CCT                                          Rate of duty
                                                                heading No               Description                 (% )
   shares allocated to that economic union may be
   carried out by any of its members;
                                                                  56.04       Man-made fibres (discon­
                                                                              tinuous or waste), carded,
Whereas, as regards the new Member States :                                   combed or otherwise pre­
                                                                              pared for spinning :
                                                                              A. Synthetic textile fibres            2-5
   pursuant to the Protocol, a gross amount of
   30 metric tons is allocated to the new Member
                                                                              B. Regenerated textile
                                                                                  fibres                             3-0
   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
   those which faced the original Member States ;                                        Article 3
   whereas, therefore, the quota should be allocated
   equally among the new Member States in the
   same way ;                                                1 . A first instalment, amounting to 52 metric tons
                                                             of the amount specified in Article 2, shall be allocated
                                                             among the Member States ; the shares, which subject
   the quota duties shall be calculated by the new           to Article 6 are valid until 31 December 1976, shall
                                                             be as follows :
   Member States in accordance with Articles 3 , 4,
   5 , 6 and 7 of the Protocol ;                                      Germany                        14 metric tons,
                                                                      Benelux                        10 metric tons,
                                                                       France                        15 metric tons,
— equal and uninterrupted access to the quota
   should be ensured for all importers and quota                       Italy                         13 metric tons .
   duties applied continuously to all imports of the
   products in question until the quota has been             2 . The second instalment of 18 metric tons shall
   used up,                                                  constitute the reserve .
 ---pagebreak--- 8 . 12. 75                           Official Jqurnal of the European Communities                           No L 317/73
                         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 share        opened by Member States in accordance with
less the amount returned into the reserve where the             Articles 3 and 4 and shall inform each State of the
provisions of Article 6 have been applied, has been             extent to which the reserve has been used up as
exhausted, that Member State shall proceed without              soon as it receives the notifications .
delay, by notifying the Commission, to draw a
second share, equal to 15% of its initial share,                The Commission shall, not later than 5 October
rounded up to the next unit.                                    1976, 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                The Commission shall ensure that any drawing which
State has been used, that Member State shall proceed,           uses up the reserve is limited to the balance available
in accordance with the conditions         laid  down    in      and for this purpose shall specify the amount thereof
paragraph 1 , to draw a third share, equal to 7-5% of           to the Member State which makes the last drawing.
its initial share, rounded up to the next unit where
appropriate, to the extent that the reserve is sufficient.
                                                                                        Article 8
3 . If, after its second share has been exhausted, 90%          The Member States shall take all appropriate
or more of the third share drawn by a Member State              measures to ensure that when additional shares are
has been used, that Member State shall proceed, in              drawn pursuant to Article 4 it is possible for charges
the same way to draw a fourth share equal to the                to be made without interruption against their
third .
                                                                accumulated shares of the Community quota .
This process shall be applied until the reserve is
exhausted.
                                                                                       SECTION II
4. Notwithstanding paragraphs 1 , 2 and 3 , the                     Provisions applicable to the new Member States
Member States may proceed to draw shares smaller
than those fixed in those paragraphs if there is reason                                 Article 9
to believe that they might not be used up . They shall
inform the Commission of the reasons which led
them to apply this paragraph.                                   Within the limits of the tariff quota referred to in
                                                                Article 1 , the new Member States shall apply the
                                                                duties laid down in the relevant provisions of the
                          Article 5                             Act of Accession, the Agreement and the Protocol .
Each of the additional shares drawn pursuant to                                         Article 10
Article 4 shall be valid until 31 December 1976 .
                                                                Within the quota referred to in Article 1 , 30 metric
                                                                tons shall be allocated to the new Member States
                          Article 6                             as follows :
                                                                        Denmark                    10 metric tons,
The Member States shall return to the reserve, not                      Ireland                     8 metric tons ,
later than 1 October 1976, the unused portion of                        United Kingdom             12 metric tons .
their initial share which, on 15 September 1976, is in
excess of 20% of the initial amount. They may return
a greater portion if there are grounds for believing
                                                                                       SECTION III
that such portion may not be used in full .
                                                                                   General provisions
The Member States shall, not later than 1 October
1976, notify to the Commission of the total imports
of the said goods effected up to and including                                          Article 11
15 September 1976, and charged against the
Community quota and, where appropriate, the                     1 . Member States shall ensure that importers of the
proportion of their initial share that is being                 said goods established in their territory have free
returned to the reserve .                                       access to the share allocated to them .
 ---pagebreak--- No L 317/74                       Official Journal of the European Communities                           8 . 12. 75
2. Member States shall charge imports of the said                                  Article 13
goods against their shares as and when the goods
are entered for home use.                                    The Member States        and the   Commission    shall
3 . The extent to which a Member State has used              cooperate closely in order to ensure that this
up its share shall be determined on the basis of the         Regulation is observed.
imports charged in accordance with paragraph 2.
                       Article 12
                                                                                   Article 14
On receipt of a request from the Commission,
Member States shall inform it of imports actually            This Regulation shall enter into force on 1 January
charged against their shares.                                1976.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 24 November 1975 .
                                                                                     For the Council
                                                                                      The President
                                                                                      B. VISENTINI