CELEX: 31974R0370
Language: en
Date: 1974-02-04 00:00:00
Title: Regulation (EEC) No 370/74 of the Council of 4 February 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 the Arab Republic of Egypt

20 . 2 . 74                             Official Journal of the European Communities                             No L 48/83
                                REGULATION (EEC) No 370/74 OF THE COUNCIL
                                                      of 4 February 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 the Arab Republic of Egypt
THE COUNCIL OF THE EUROPEAN COMMUNITIES                                duties applied continuously to all imports of the
                                                                       said products until the quota has been used up ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                  — in the light of the above principles, the Community
thereof ;                                                              nature of the quota may best be preserved by an
                                                                       arrangement allocating it among these Member
                                                                       States ; whereas in order to provide the most
Having regard to the proposal from the Commission ;                    accurate reflection of actual market trends for
                                                                       the said products, such allocation should be
"Whereas the Agreement (*) between the European                        proportionate to the needs of these Member
Economic Community and the Arab Republic of                            States, calculated both from the statistics for each
Egypt and the Protocol (2) laying down certain                         Member State's imports from the Arab Republic
provisions relating to the Agreement between the                       of Egypt over a representative reference period
European Economic Community and the Arab                               and from economic prospects for the quota
Republic of Egypt consequent on the Accession of                       period in question ;
 new Member States to the European Economic
 Community, provides for the opening of an annual
 Community tariff quota of 3 250 metric tons of other              — over the past three years for which statistics are
 woven fabrics of cotton falling within heading No                     available, the following percentages represent the
55.09 of the Common Customs Tariff, originating                        respective imports of the Member States concerned
 in the Arab Republic of Egypt ; whereas the Protocol                  in relation to imports of the said products from
 provides that the tariff quota should be allocated                    the Arab Republic of Egypt into the Community
 among the Member States as follows : 2 500 metric                     as originally constituted :
 tons for the Community as originally constituted,
 90 metric tons for Denmark, 10 metric tons for Ire­
 land and 650 metric tons for the United Kingdom ;                                              1970      1 971       1971
 whereas Annex I to the Agreement provides that the
 duties applicable to the quota shall be equal to 45 %
                                                                   Germany                       7-0        3-0        4-3
 of the duties of the Common Customs Tariff ; whereas
 as regards the duties applicable to the quota by the              Benelux                      10-7      27-2       29-3
 new Member States, the special provisions of the
 Protocol and of the Act of Accession should be                    France                        5-5        1-2       10-0
 complied with ; whereas to comply with the special                Italy                        76-8      68-6       56-4
 provisions of the Protocol, separate arrangements
 should be made for the Member States of the Com­
 munity as originally constituted, on the one hand,
 and for the new Member States, on the other ;                     — in view of these facts and of the forecasts made
                                                                        by certain Member States, the initial percentage
 Whereas as regards the Community as originally                         shares of the quota should be allocated approxi­
 constituted :                                                          mately as follows :
 — equal and ^uninterrupted access to the quota                                    Germany                      11
      should be ensured for all importers and quota
                                                                                   Benelux                     23
                                                                                   France                       11
  (x) OJ No L 251, 7. 9. 1973 , p. 2.
  (■) OJ No L 251 , 7. 9. 1973, p. 87 .                                            Italy                        55
 ---pagebreak--- No L 48/ 84                         Official Journal of the European Communities                                  20 . 2 . 74
— in order to take account of import trends for the                    Economic Union, any measure concerning the
  products in question in the Member States con­                       administration of the quota shares allocated to
   cerned, the quota amount should be divided into                     that Economic Union may be carried out by one
  two instalments, the first instalment being allocated                of its members ;
   among the same Member States, the second
   instalment constituting a reserve intended to                   Whereas, as regards the new Member States :
   cover the later requirements of Member States
   which have used up their initial quota shares ;                 — the quota duties shall be calculated by the new
   whereas in order to ensure a certain degree of                      Member States in accordance with Articles 3
   security to importers in each Member State, the                     and 4 of the Protocol ;
  first instalment of the quota should be fixed in                 — equal and uninterrupted access to the quota should
  this case at approximately 60 % ;                                    be ensured for all importers and quota duties
                                                                       applied continuously to all imports of the products
— the initial quota shares may be used up at different                 in question until the quota has been used up,
  rates ; whereas, therefore, to avoid disruption of
   supplies, any Member State which has almost
   used up its initial quota share, shall draw an                  HAS ADOPTED THIS REGULATION :
   additional quota share from the reserve ; whereas
  this shall be done by each Member State whenever
   one of its additional quota shares has been almost                                      Article 1
  used up, and as many times as the reserve allows ;
   whereas the initial and additional quota shares                 A Community tariff quota of 3 250 metric tons shal
   sJhall be valid until the end of the quota period ;             be opened until 31 December 1974 for other woven
   whereas this form of administration requires                    fabrics of cotton falling within heading No 55.09 of
   close collaboration between the Member States
                                                                   the Common Customs Tariff, originating in the Arab
   and the Commission, and the Commission must                     Republic of Egypt.
   be in a position to follow the extent to which the
  quota volume has been used up and inform the
   Member States thereof ;                                         This quota shall be allocated and administered in
                                                                   accordance with the provisions set out below.
— if, at a given date in the quota period, a con­
   siderable quantity of the initial quota share is
                                                                                          SECTION I
   left over in one of the Member States concerned,
   it is essential that that State should return a
   significant proportion to the reserve to prevent a                     Provisions applicable to the Community
   part of the quota allocated to the Community as                                as originally constituted
   originally constituted from remaining unused in
   one Member State when it could be used in others ;
                                                                                           Article 2
— since the Kingdom of Belgium, the Kingdom of                     The Common Customs Tariff duties shall be partially
   the Netherlands and the Grand Duchy of Luxem­                   suspended at the rate indicated below for 2 500
   bourg are united in and represented by the Benelux              metric tons of the quota referred to in Article 1 :
                 CCT                                                                                  Rate of
               heading                                   Description                                   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                                       5-8
                              II . Other                                                               6-3
                           B. Other :
                               I. Of a width of less than 85 cm                                        6-3
                              II.  Other                                                               6-7
 ---pagebreak--- 20. 2. 74                          Official Journal of the European Communities                           No L 48/ 85
                         Article 3                                                     Article 6
1 . A first instalment of 1 550 metric tons of the            A Member State which on 15 September 1974 has not
amount mentioned in Article 2 shall be allocated              used up its initial quota share shall return to the
among the Member States ; the shares which, subject           reserve not later than 10 October 1974, the unused
to Article 6, shall be valid until 31 December 1974,          portion exceeding 20% of the initial amount. It may
shall be :                                                    return a greater portion if there are grounds for
                                                              believing that it may not be used up .
       Germany                ~    170 metric tons
       Benelux                     360 metric tons            Member States shall, not later than 10 October 1974,
       France                      170 metric tons
                                                              notify to the Commission the total quantities of the
                                                              products in question imported up to and including
       Italy                       850 metric tons            15 September 1974 and charged against the Com­
                                                              munity tariff quota and any quantities returned to the
                                                              reserve .
2. The second instalment, amounting to 950 metric
tons, shall make up the reserve.
                                                                                       Article 7
                         Article 4
                                                              The Commission shall keep an account of the quota
1 . If 90% or more of a Member State's initial quota           shares opened by the Member States pursuant to
share specified in Article 3 (1 ), or of that share less      Article 3 and 4 and shall, as soon as information
the portion returned to the reserve where Article 6 is        reaches it, inform each state of the extent to which
applied, has been used up , that Member State shall            the reserve has been used up .
without delay, by notifying the Commission, draw a
second quota share, to the extent that the reserve is
sufficient, equal to 15% of its initial quota share,           It shall, not later than 15 October 1974, inform the
                                                               Member States of the amount still in reserve after
rounded up to the next unit where necessary.
                                                               returns have been made pursuant to Article 6.
2. If, after its initial quota share has been used up ,        It shall ensure that the drawing which uses up the
90% or more of the second quota share drawn by a               reserve is limited to the balance available and to this
Member State has been used up, that Member State               end shall specify the amount thereof to the Member
shall, in the manner laid down in paragraph 1 , draw           State making the last drawing.
a third quota share equal to 7-5% of its initial quota
share, rounded up where necessary to the next unit.
                                                                                       Article 8
3 . If, after its second quota share has been used up,
90% or more of the third quota share drawn by a
Member State has been used up, that Member State               Member States shall take all necessary measures to
shall, in the same manner, draw a fourth quota share           ensure that additional shares taken up under Article 4
equal to the third.                                            are so drawn as to allow for uninterrupted charges
                                                               against their accumulated shares of the Community
                                                               quota .
This procedure shall be followed until the reserve
has been used up.
                                                                                      SECTION II
4. Notwithstanding paragraphs 1 to 3 , a Member
 State may draw smaller quota shares than those fixed
in those paragraphs, if there is reason to believe that           Provisions applicable to the new Member States
those fixed might not be used up . It shall inform the
 Commission of its reasons for applying this para­
 graph.
                                                                                       Article 9
                         Article 5                              Within the tariff quota referred to in Article 1 , the
                                                                new Member States shall apply duties calculated in
 Additional quota shares drawn pursuant to Article 4            accordance with the relevant provisions of the Act
 shall be valid until 31 December 1974.                         of Accession, the Agreement and the Protocol.
 ---pagebreak--- No L 48/86                          Official Journal of the European Communities                            20. 2 . 74
                       Article 10                              3 . The extent to which Member States ' shares have
                                                               been used up shall be ascertained from imports
750 metric tons of the quota referred to in Article 1          charged under the conditions laid down in para­
shall be allocated among the new Member States as              graph 2.
follows :
      Denmark                      90 metric tons                                     Article 12
      Ireland                      10 metric tons
                                                               Member States shall regularly inform the Commission
      United Kingdom              650 metric tons              of imports of the said products originating in the
                                                               Arab Republic of Egypt actually charged against
                                                               their quota shares.
                      SECTION III
                                                                                     Article 13
                  General provisions
                                                               Member States and the Commission shall collaborate
                                                               closely in order to ensure that the provisions of this
                       Article 11                              Regulation are observed.
1 . Member States shall ensure that the quota shares
allocated to them are freely accessible to importers of                              Article 14
the products in question established in their territory.
                                                               The tariff quota laid down in this Regulation shall
2. Member States shall charge imports of the products          be opened for 1974.
in question against their quota shares as the products
are presented for customs clearance under cover of a           This Regulation shall enter into force on the third
declaration that they have been made available for             day following its publication in the Official Journal
consumption.                                                   of the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 4 February 1974.
                                                                                 For the Council
                                                                                 The President
                                                                                   W. SCHEEL