CELEX: 51974PC1516
Language: en
Date: 1974-09-25
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL 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 Spain#Proposal for a REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for certain petroleum products falling within Chapter 27 of the Common Customs Tariff refined in Spain

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1516
Vol. 1974/0243
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(74)1516 final
                                                       Brussels , 25 September 1974
                                Proposal for a   ;
                       REGULATION ( EEC ) OF THE COUNCIL
           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 Spain
                               Proposal for a
                       REGULATION ( EEC ) OF THE COUNCIL
           opening, allocating and providing for the administration
          of a Community tariff quota for certain petroleum products
            falling within Chapter 27. of the Common Customs Tariff
                              refined in Spain
                ( submitted to the Council by the Commission)
COM(74 ) 1516 final
 ---pagebreak---                                                             expT i ATI'.TOÏÏY } ru:ommim
                                                             ' t ..                a.1 ^ J.wa.V»O wu .-: jv^n 0 1 L\^ «- 'Ui  l
         1 1'"1. < ii ; .-> r.! i c f! o nvo ^ m x t y
        siicl Spain, read with Articles 2 , 3 and 4. of Annex I thereto , provides
        for the opening of Community tariff quotas for the importation into
        the Coimunity of tho following products , originating in Spain , at
       the quota duties cpooifiod below :
                                                                                                                                  Ï
           CCT Heading Ho t                               Product                 Aairraal Voluno                 Quota Daty J
                                                                              \
          Chapter 27                                  Cortain petroieuir          1 200 000 t )                                 I
                                                                                !      .           > I 40/} cf tho
                                                 i
                                                  | preûnets
                                                  !
                   55.09                              Other ootton              I     : i 8oo t ^          »
                                                                                                              CCT duties
                                                i
                                                      fabrics                   !     :            )       I
                                                                                                           I                      I
                                                                                                                                  L
 2 . These provisions apply only to tho six original Uenbor States , ninco
       the "Protocol firing certain provisions relating to tho Acrooment
      "between the European Eoononiic Community and Spain in conaequence of
      the Accession of the new i'leraber States to tho Europoaji Econoraio
      Commnity" of 29 January 1973 ( OJ No L 66 , 13 JIarch 1973 ) provides
      that as regards the r.cvr Ileisbcr States tho situation r.hall remain as
      boforo .                     The Protocol also provides that tho contracting parties are
      to lay down before 1 January 1974 tho transitional measures and
      adjustments which nay appear necessary following tho accession of
      the nov; Ixnber States ,
      In July 1973 , the Community opened negotiations with Spain with a
      view to concluding , by 1 January 197^, a new Agreement to replace
      the 1970 Agreement . However , in view of the present state of these
      negotiations , it is by no means certain that the Agreement could
      enter into force on 1 January 1975 but rather on a later date which
     rriio-ht well be within the first half of 1975 *
• In view of the foregoing , the Commission believes that the possible
   necessity should be provided for of opening tariff quotas ,                                                               1975 , , >;. er the
    current Agreement , in favour of Spain . Consequently , the relevant
   tariff quotas should be opened by 1 January 19^5 an <i therefore approved
   by the Council before 1 IToveraber 1974 .                                                         '           •
 ---pagebreak---                                                          2
       Jiowever, in view of the possible entry into force of a new A<-reoi,i^nt it is nro'oowed
       1,0 fi°n'L lil° 'k-' 13 periou of validity of these Community tariff ouotas for the year
       1 ^ I i l.o tlie oerio'l not-covered by the new Agreement .
       ihis is tne oo.-ject of the proposals annexed hereto .
      I o •>. s therefore necessary to initiate immediately the procedures for openin-"
     "the relevant t             fr -not -: .
 4® The Regulations provide , in the usual ws^r , for the splitting up of
     tho tariff volumes into two parts , of which tho firot vri.ll "bo
     allocated snoiig tho ITenbor States as quota chaivss and tho scoond
     v;ill "bo kept as a reserve .
5« '-KiO aliooation of the first part of each quota ha3 been undertaken
     according to tho rulos generally applied hitherto. Tho total
     imports of each I-Ienfbcr Stato for            1971 to 1973      liavo boon
     expressed as a proportion of total Comounity imports over tho ccur.o
     period. The rorultin^; percentages liavo boen applied Stato by State
     to tho volume of tho firot part , tho last digit of tho number of
    rcotrio tons beiiyr rounded off.
                                                    /
o . Tho proposed fie~alation on other ootton fabrioa providea for a
    sm&lo method of administration , to bo applied by all I-'erabor States s
    naraoly tho "as and when " method.
    Kowovor it is at present irr.posniblo to provide for a single wcthod
    of administration ("an and when" or advance allocation) of tho qu ot <-
    for cortain petroleum products . Tho ru.loo governing tho markot in
    these products vary from c-ne Member Stato to another , with tho effect
    that tho Mcrabor States regard tho application of a r.inglo method of
    a. dmini btration aG iinposoibl'o . In contrast to general practice ,
    therefore , each 3'ember Stato will bo empowered to adninir.ter its
    own tharo of tho quota according to its own rules , while ensuring
    that all importers of tho relevant products have freo aocoss to
    tho quota.
 ---pagebreak---                                                                                                        M3X A
                                                     Proposal for a
                                    REGULATION (EEC)                     OF THE COUNCIL
                    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 Spain
   THE COUNCIL OF THE EUROPEAN COMMUNITIES
   Having regard to the - Treaty establishing the Euro­
   pean Economic Community, and in particular Ar­
   ticle 113 thereof;
   Having regard to the proposal from the Commission;
  Whereas the Agreement between the European Eco­
  nomic Community and Spain, signed at Luxembourg
  on 29 June 1970, provides in Article 2 ( 1 ) together
  with Article 4 of Annex I, for the opening by the
  Community of an annual Community tariff quota
  of 1 800 metric tons of other woven fabrics of cotton
  falling within heading No 55.09 of the Common
  Customs Tariff originating in Spain ; whereas, pur­
  suant to Article 2 of the said Annex the quota duty
  is equal to 40 % of the Common Customs Tariff
  duty in respect of the product concerned ; whereas the
  Community tariff quota contains quota duties of
  5-2 °/o, 5-6 fl/o, 5-6 %> and 6 °/o for the products falling
  within subheading Nos 55.09 A I, A II, B I and B II ;
 I'Hiereas the Community tariff quota in
f iu-' r-tion should be opened for the year
              and whereas , however , because of
the Possibility of the entry into force
during 1975 of a new Agreement in this
.re ard bet we on the European. Economic
(• oramunity and Soain , it is necessary to
 confine the period of validity of this
tariff quota to such period as is not _ .
covered "by the new Agreement ;
 ---pagebreak---                   Whereas it is in particular necessary to ensure to all
                  Community importers equal, and uninterrupted access
                  to the abovementioned quota and uninterrupted
                  application of the rate laid down for that quota to
                  all imports of the product concerned into all Member
                  States until the quota has been used up ; whereas,
                  having regard to the principles mentioned above, the
                  Community nature of the quota can be respected by
                 allocating the Community tariff quota among the
                 Member States ; whereas to represent as closely as
                 possible the actual "trend.          of the market in
                 the products in question the allocation should follow
                 proportionately the requirements of the Member
                 States calculated from both statistics of imports from
                 Spain during a representative period and the econo­
                 mic outlook for the tariff period in question;
                Whereas, during the past three years for which sta­
                tistics are available, the corresponding imports by
               each of the Member States represent the following
               percentages of the imports into the Community from
               Spain of the products concerned :
                                            1971      1972       1973
              Bénélux                        2-2       2-8           9.C
              France                       75'7      78-0
                                                                 A   r-j -,
                                                                ' !■ I * '.
              Germany                    1   5-2  !    6-4
              Italy                    i   16-9      12-8       40.7
          Whereas , in view of these figures , the foreseeable
          development during 1974 of the market for the pro­
          ducts in question and in particular of the estimates
          submitted "by certain Member States , initial quota
          shares may "be fixed approximately at the following
        ■ percentages s
                       Bénélux                              /"
                                                            o
                       France                              63
                       Germany                              o
                       Italy                               20
             Whereas to take account of future trends of imports
             of the product under consideration, the total quota
             volume should be divided into two tranches, the
            first being shared among the Member States and the
            second held as a reserve to cover at a later date the
            requirements of those Member States having used up
            their initial share; whereas to give Member State
            importers some certainty, the first of the Community
            quota should be fixed at 75% of the total quota;
Whereas the initial shares of Member States may be used
up at different rates ; whereas , therefore , to avoid dis­
ruption of supplies any Member State which has almost used
up its initial share must draw an additional share from the
reserve ;   whereas this must be done by each Member State as
each one of its additional shares is almost used up , and as
 ---pagebreak---                                                                                                                                            Α
■;;.i,y times as "the reserve allows ; whereas
  •jie initial and supplementary phares must                                        Whereas since the Kingdom of Belgium, the Kingdom
| ce valid until the end of the quota period ;                                      of the Netherlands and the Grand Duchy of Luxem­
                                                                                    bourg are jointly represented by the Benelux Eco­
jviiereas this form of administration requires                                      nomic Union any measure concerning the admini­
jclose cooperation between the Member States                                        stration of the shares allocated to that Economic
        the Commission , and the Commission must                                Union may be carried out by one of its members,
  ie in a position to follow the extent to which
   he quota volume has been used up and inform                                      HAS ADOPTED THIS REGULATION :
   he Member States thereof ;
                                                                                                             Article 1
   iiereas if, at a given date in the quota period                                  Prom 1 January 1975 until 3 1 Pocfimber
     substantial proportion of a Member State 's                                      1975 tr.'i           Kin Customs
  nitial share remains unused it is essential
   hat that Member State return a significant                                    Tariff duties in respect of products originating
   ercentage thereof to the reserve , in order to                                in Spain as specified below shall be partially
                                                                                 suspended at the levels indicated for each of
   revent a part of the Community quota from
   emaining unused in one Member State while it [                                them within the limits of an overall Community
   ould be used in others ;                                                     tariff quota of 1 800 metric tons :
                                    1                                                                                  I
                             OCT                                                                                       I  Rate
                            heading I                                     Description                                    of duty
                               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                                           5-2
                                               II. Other                                                                   5-6
                                        B. Other :
                                                I. Of a width of less than 85 cm                                           5-6
                                               II. Other                                                                   6
                                     Article 2                                      share less the amount returned to the reserve, where
                                                                                    the provisions of Article 5 have been applied, has
      1 . A first tranche , amounting to 1 350 '                                    been exhausted, that Member State shall proceed
      metric tons of the Community tariff quota                                     without delay, by notifying the Commission, to draw
      referred to in Article 1 , shall be alloca­                                   a second share equal to 15% of its initial share,
      ted among the Member States The respec­                                       rounded up to the next unit where appropriate, to
                                                                                    the extent that the amount in the reserve allows.
      tive individual shares , which , subject to
      Article 5 » shall be valid until the end
      of the period specified in Article 1 , shall
      be as follows :                                                               2. If, after its initial share has been exhausted, 90%
                                                                                    or more of the second share .drawn by a Member
                      Bénélux              C0         metric tons                   State has been used, that Member State shall proceed
                      France                           metric tons
                                                                                    without delay, by notifying the Commission, to draw
                                                                                    a third share equal to 7-5%> of its initial share,
                      Germany              <>> J      metric tons                   rounded up to the next unit where appropriate, to the
                      Italy              210           metric tons                  extent that the amount in the reserve allows .
              2. The second tranche of . 450. metric tons.,
              shall constitute the reserve .                                        3. If, .after its second share has been exhausted, 90%
                                                                                    or more of the third share drawn by a Member State
                                                                                    has been used up, that Member State shall in like _
                                      Article 3
                                                                                    manner draw a fourth share, equal , to the
                                                                                    third .           ....
              1 . If 90% or more of the initial share of a Member
              State, as laid down in Article 2 ( 1 ), or 90 °/o of that
 ---pagebreak---   This process shall be applied until the reserve is
  exhausted .
  4. Notwithstanding the provisions of paragraphs 1 ,
  2 and 3 , the Member States may                      draw    The Commission shall ensure that any drawing which
  shares smaller than those fixed in "those paragraphs,         uses up the reserve is limited to the balance available
  if there is reason to believe that those shares might        and, for this purpose, shall specify the amount there­
  not be used up. They shall inform the Commission              of to the Member State which makes the final
  of the reasons which led them to apply this                   drawing.
  paragraph .
                                                                                        Article 7
                          Article 4
                                                                1 . 1 he Member States shall take all appropriate
  Each of the additional shares drawn pursuant to               measures to ensure that, when additional shares are
'\rtiol e 3 shall he valid until the                           drawn pursuant to Article 3 , it is possible for charges
end of the period, specified in
                                                               to be made without interruption against their accu­
                                                                mulated shares of the Community quota.
Article 1 .
                                                               2. The Member States shall ensure that importers
                                                               of the said goods established in their territory have
                                                                free access to the shares allocated to them .
                          Article 5
                                                               3 . The Member States shall charge imports of the
 If, by 15 September 197,5", a Member State has not            said goods against their shares as and when the goods
 used up its initial share, it shall, not later than 10 Oc­    are entered for home use.
 tober 1975", return to the reserve the unused portion
 of this share in excess of 20% of the initial amount.         4 . The extent to which a Member State has used
 It may return a larger quantity if there are reasons          up its share shall be determined on the basis of the
 for considering that such quantity might not be               imports charged in accordance with paragraph 3 .
 used .
                                                                                        Article 8
 The Member States shall, not later than 10 October
 197-5", notify the Commission of the total imports of
 the products concerned effected up to 15 September            Member States shall inform the Commission at regu­
 197.7 inclusive, and charged against the Community            lar intervals of imports actually charged,
 quota and of any quantities of their                          against their Bhares .
 initial share returned to the reserve .
                                                                                        Article 9
                          Article 6                            The Member States and the Commission shall co­
                                                               operate closely in order to ensure that this Regulation
The Commission shall keep account of the shares                is observed .
 opened by Member States in accordance with Articles
 2 and 3 and shall inform each of them of the extent
                                                                                     Article 10
 to which the reserve has been used as soon as it
 receives the notifications .                                In the event that the preferential tariff
                                                             arrangement for imports into the Commu­
 The Commission shall, not later than 15 October            nity of products covered by Article 1 , para­
 1975, notify Member States of the amount in the             graph 1 , is made the subject of a new Agree­
 reserve after the return of shares pursuant to
 Article 5 .
                                                            ment between the European Economic Community
                                                            and Spain and that the said Agreement enters
                                                            into force before 31 December '974 this RegU'
                                                            lation shall cease to have effect as on such
                                                            date of entry into force . '
                                                                                    Article 11
                                                            This Regulation shall enter into force on
                                                            1 January 197 5 -
       This Regulation shall be binding in its entirety and directly applicable, in all Member
       States .
       Done at Brussels ,
                                                                         For the Council
                                                                          The President
 ---pagebreak---                                          Proposal for a
                                REGULATION (EEC)                  OF THE COUNCIL
              opening, allocating and providing (or the administration of a Community tariff quota
              for certain petroleum products falling within Chapter 27 of the Common Customs
                                               Tariff refined in Spain
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,
 Having regard to the Treaty establishing the Euro­
pean Economic Community anji in particular Article
 113 thereof;
Having regard to the proposal from the Commission ;
Whereas the Agreement between the European Eco­
nomic Community and Spain , signed at Luxembourg
on 29 June 1970, provides in Article 2 ( 1 ) together
with Article 3 of Annex I, for the opening by the
Community of an annual total Community tariff
quota of 1 200 000 metric tons of certain petroleum. /
products falling within Chapter 27 or the Common
Customs Tariff, refined in Spain ; whereas, pursuant
to Article 2 of the said Annex, the quota duty is ,
equal to 40% of the Common Customs Tariff duties
effectively applied in this year in respect of the pro­
duct concerned ;
Whereas the Community tariff quota, in
question should be opened for the year
1975 ; and whereas , however , because of
the possibility of the entry into force
during 1975 of a new Agreement in this
regard between the European Economic
Community and Spain , it is necessary
to confine the period of validity of
this tariff cruota to such, period as is'
not covered by "the new Agreement ;
Whereas it is in particular necessary to ensure to all
Community importers equal and uninterrupted access
to th j abovementioned quota and uninterrupted ap­
plication of the rate laid down for that quota to all
imports of the product concerned into all Member
States until the quota has been used up ; whereas,'
having regard to the principles mentioned above, the
Community nature of the quota can be respected by
allocating the Community tariff quota among the
 Member States ; whereas, to represent as closely as
 possible the actual trend of the market in the
 products in question, the allocation should follow
 proportionately the requirement of the Member States
 calculated from both statistics of imports from Spain
 during a representative period and the economic out­
 look for the tariff period in question.
 ---pagebreak---                                       2
  Whereas, during the past three years for which sta­
   tistics are available, the corresponding imports by
  each of the Member States represent the following
   percentages of. the imports into the Community from
   Spain of the products concerned :
                               971       1972        1973
  Germany                    19-80      34-60       49.0
  Bénélux                    25-40       910         15.3
  France                     13-00       8-40        11.2
  Italy •                    41-80      47-90       2A
  Whereas, in view of these figures , of "the foreseeable
  development                 of the market for the pro­
  ducts in question and in particular of the estimates
  submitted by certain Member States, initial quota
  shares may be fixed approximately at the following ■-
  percentages :
           Germany                            39
           Bénélux                        / 17
           France                             11
           Italy                              33 ;
 Whereas, to take account of future trends of imports
 of the product under consideration, the total quota
 volume should be divided into two tranches, the first
 being shared between Germany and the Benelux and
 the second held as a reserve to cover at a later date
 the requirements of these Member States, should they
 use up their new share ;
 Whereas to give Member State importers some cer­
 tainty, the first tranche of the Community quota
 should be fixed at 80% of the total quota ;
Whereas the initial shares of Member States may be
used up at different rates ; whereas , therefore , to
avoid disruption of supplies any Member State which
has almost used up its initial share must draw a
supplementary share from the reserve ; whereas this
must be done by each Member State as each of its
additional shares is almost used up , and as many
times as the reserve allows ; whereas , the initial
and supplementary shares must be valid until the
end of the quota period ; whereas , this form of
administration requires close cooperation between the
Member States and the Commission, and the Com- -
 ---pagebreak---                                                                                                                                       AKflEX B
           mission must be in a position to follow the extent to
           which the quota volume has been used up and inform                       I tration of the shares allocated to that
           the Member States thereof;                                               i Eoonomic Union may be oarried out by one
Whereas' if, at a given date in the quota period , J of its members ,
a substantial proportion of a Member State 's                                       ! HAS ADOPTED THIS REGULATION :                      ...
initial share remains unused it is essential                                                                     Article 1
that that Member State return a significant
percentage thereof to the reserve , in order to                                     , Prom 1 January 1975 \mtil 31 r'eoeml»«r 197
prevent a part of the Community quota from                                            and subject to thrt vn-iRr-ur???
remaining unused in one Member State while it                                         which might be taken pursuant to Article 3 (2) and
could be used in others ;                                                             (4) of Annex I to the Agreement between the Com­
                                                                                      munity and Spain, the Common Customs Tariff
          Whereas since the Kingdom of Belgium, the Kingdom                           duties in respect of        products refined in Spain and
          of the Netherlands and the Grand Duchy of Luxem­                            listed below shall be partially suspended
          bourg arc jointly represented by the Benelux Eco­                           at the levels indicated for each of them ,
          nomic Union any measure concerning the adminis-                             within the limits of . an overall Community
                                                                                      tariff quota of 1 200 000 metric tons :
                           CCT                                                                                              I Rate
                         heading                                           Description                                        or duty
                            No
                           27.10      Petroleum oils and oils obtained from bituminous minerals, other than
                                      crude ; preparations not elsewhere specified or included , containing
                                      not less than 70% weight of petroleum oils or of oils obtained from
                                      bituminous minerals, these oils being the basic constituents of the
                                      preparations :
                                      A. Light oils :
                                          III. For other purposes                                                               2-4
                                      B. Médium oils :
                                          III. For other purposes                                                               2-4
                                      C. Heavy oils :
                                             I. Gas oil :
                                                c) For other purposes                                                           1-4
                                           II. Fuel oil :
                                                c) For other purposes                                                           1-4
                                          III. Lubricating oils ; other oils :
                                                c) To be mixed in accordance with the terms 01 Additional
                                  I                Note 7 to this Chapter (a)                                                   1 -6
                                                d) For other purposes                                                          2-4
                      .   27.11       Petroleum gases and other gaseous hydrocarbons :
                                      B. Other :
                                             I. Commercial propanc and commercial butane : •*
                                                c) For other purposes                                                          0-6
                          27.12       Petroleum jelly :
                                      A. Crude :
                                          III. For other purposes                                                              0-8
                                      B. Other                                                       #                         2-8
                          27.13       Paraffin wax, micro-crystalline wax, slack wax, ozokerite, lignite
                                      wax , peat wax and other mineral waxes, whether or not coloured :
                                      B. Other :
                                             I. Crude :
                                                c) For other purposes                                                          0-8
                                           II.  Other                                                                          2-4
                          27.14     • Petroleum bitumen, petroleum coke and other residues of petroleum
                                      oils or of oils obtained from bituminous minerals :
                                      C. Other :
                                          II .  Other.                                                                         0-8
                      (a) Entry under this subheading is subject to conditions to be determined by the competent authorities.
 ---pagebreak---                                 Article 2                                                   Article 4
        1. The first tranche, amounting to 1 000 000 metric         Additjonal sWs drawn              ant t0 Article 3 shall
        tons of the Community tariff quota referred to in                   _ . ,
        Article 1, shall be allocated among the Member              rje valiu uncil ., ne end of i;h*i tifiTvLo'"
         States . The respective individual shares specified ia Article 1 ,
         shares , which subject to Article 5
         shall be valid until the end of the
         period specified in Article 1 , shall
        be as follows :
                                                                                          Article S
              Germany       j 90 < 000     metric tons
              Bénélux       1JO.OOO        metric tons
                                                                  A Member State which on 15 September 1975 has
              France        110,000        metric tons            not used up its initial share shall return to the reserve
              Italy         330.000        metric tons            not later than 10 October 1975" the unused portion
                                                                  exceeding 20% of the initial amount. It may return a
                                                                  greater portion if there are grounds for believing that
                                                                  it may not be used up.
     2. The second tranche,         of      to 200 000 metric
     tons shall be held as a reserve .
                                                                  Member States shall, not later than 10 October 1975",
                                                                  notify the Commission of the total quantities of the
                                                                   products concerned imported up to and
                               Article 3                           including 15 September 1975 and charged
                                                                   against the appropriate Community tariff
                                                                   quota and any quantities of the initial
     1 . If 90% or more of             a Member State's initial    share returned to the reserve .
    share as specified in Article 2 ( 1 ), or of that share
     minus the portion returned to the reserve where
    Article 5 is applied , has been used up, that Member
     State shall without delay, by notifying the Commis­                                  Article 6
    sion, draw a second share equal to 15% of its initial
    share, rounded up where necessary to the next unit,
    to the extent permitted by the amount of the reserve.        The Commission shall keep an account of the shares
                                                                 opened by the Member States pursuant to Articles 2
                                                                 and 3 and shall, as soon as it has been notified,
    2. If, after its initial share has been used up, 90% or      inform each State of the extent to which the reserves
    more of the second share drawn by a Member State             have been used up.
    has been used up, that Member State shall, by noti­
    fying the Commission, draw a third share equal to
                                                                 It shall inform the Member States not later than
    7-5% of its initial share, rounded up to the next unit
    where necessary, to the extent ; permitted by the            15 October 1975", of the amounts still in reserve after
    amount of the reserve.                                       amounts have been returned thereto pursuant to
                                                                 Article 5.
    3 . If, after its second share has been used up, 90%         It shall ensure that the drawing which uses up a
    or more of the third share drawn by a Member State           reserve is limited to the balance available and to this
    has been used up, that Member State shall in like            end shall specify the amount thereof to the Member
    manner draw a fourth share equal to                          State making the last drawing.
    the third .
4 . Notwithstanding the provisions of
 paragraphs 1 , 2 and 3 , the Member States                                              Article 7
may draw shares smaller than those fixed
therein , if there is reason to believe                         1 . Member States shall take all measures necessary
that those shares might not be used up .                        to ensure that additional shares drawn pursuant
They shall inform the Commission of . the                       to Article 3 are opened in such a way that imports
reasons which led them to apply this                            may be charged without interruption against their
paragraph .                                                     accumulated shares in the Community tariff quotas.
 ---pagebreak--- 2. Member States shall ensure that importers of the                                Article 9
said goods established in their territory have free
access to the shares allocated to them.                     The Member States and the Commission shall co­
                                                            operate closely in order to ensure that this Regulation
3 . Member States shall charge imports of the said          is observed.
goods against their shares as and when such goods                                                      __      ;
are entered for home use.
                                                                                   Article 10
                        Article 8                         In the event that the preferential tariff
                                                          arrangement for imports into the Community
Member States shall inform the Commission at reg- '       of products as specified in Article 1 is
ulnr intervals of imports of the said product actually    made the subject of a new Agreement "between
charged against their shares.                             the European Economic Community and Spain
                                                          and that the said Agreement enters into
                                                          force "before 31 December 1974 this Regula­
                                                          tion shall cease to have effect as on such
                                                          date of entry into force .
                                                                                   Article 11
                                                          This Regulation shall enter into force on
                                                          1 January 1975 .
    This Regulation shall be binding in its entirety and directly applicable in all Member
    States .
    Done at Brussels,
                                                                     For the Council
                                                                      The President