CELEX: 31974R2923
Language: en
Date: 1974-11-18 00:00:00
Title: Regulation (EEC) No 2923/74 of the Council of 18 November 1974 opening, allocating and providing for the administration of a Community tariff quota for men's and boys' outer garments falling within heading No 61.01 of the Common Customs Tariff, originating in Cyprus

26 . 11.74                               Official Journal of the European Communities                          No L 315 /29
                                  REGULATION (EEC) No 2923/74 OF THE COUNCIL
                                                      of 18 November 1974
               opening, allocating and providing for the administration of a Community tariff quota
              for men's and boys' outer garments falling within heading No 61.01 of the Common
                                             Customs Tariff, originating in Cyprus
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                           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,
 Having regard to the Treaty, establishing the Euro­                 the Community nature of the quota can be respected
 pean Economic Community, and in particular                          by allocating the Community tariff quota among the
 Article 113 thereof;                                                Member States ; whereas, in order to reflect more
                                                                     accurately the actual development of the market in
                                                                     the product concerned, such allocation should be in
 Having regard to the proposal from the Commission ;                 proportion to the needs of the Member States, asses­
                                                                     sed by reference to both the statistics of each State's
                                                                     imports of the said goods from Cyprus over a rep­
 Whereas the Agreement (') establishing an associ­                   resentative period and the economic outlooks for the
 ation between the European Economic Community                       quota period concerned ;
 and the Republic of Cyprus, hereinafter called the
 'Agreement', and the Protocol (2) laying down certain
provisions concerning that Agreement as a result of
the accession of new Member States to the European                   However, as during the past three years no such
Economic Community, hereinafter called the 'Proto­                   products originating in Cyprus have been imported
col ', provide for the opening of an annual Community                into the Community as originally constituted and
tariff quota of 500 metric tons of men's and boys'                   whereas a minimal amount has been imported into
outer garments falling within heading No 61.01 of                    only one of the new Member States ; whereas no
the Common Customs Tariff, originating in Cyprus ;                   forecast can be made for 1975 ; whereas, to ensure
whereas pursuant to the joint declaration on Article 2              fair distribution of the two quota amounts between
of the Protocol the tariff quota should be allocated                the Member States concerned , each Member State
among the Member States as follows : 100 metric                      should make a significative contribution to the
tons for the Community as originally constituted and                 relevant quota amount ; whereas such contributions
400 metric tons for the new Member States ; whereas                  may approximately correspond to the following
Article 1 of Annex I to the Agreement provides                       percentages :
that the duties applicable to the quota shall be equal
to 30% of the Common Customs Tariff duties ;
whereas, as regards the duties applicable to goods                          Benelux                              27-8
within the limits of the quota by the new Member                             Germany                            19-4
States, the special provisions of the Protocol and of                       France                              27-8
the Act of Accession (3 ) should be observed ; whereas,
                                                                            Italy                               25-0
to comply with the special provisions of the Protocol ,
                                                                            Denmark                             45-0
separate arrangements should be made for the Mem­
ber States of the Community as originally constituted                       Ireland                               5-0
on the one hand and for the new Member States on                            United Kingdom                      50-0
the other hand ;
Whereas it is in particular necessary to ensure to all              Whereas, in order to take into account import trends
Community importers equal and uninterrupted access                  for the products concerned in the different Member
to the abovementioned quota and uninterrupted                       States, each of these amounts should be divided into
application of the rate laid down for that quota to                 two tranches , the first tranche being allocated among
                                                                    the Member States and the second forming reserves
                                                                    intended ultimately to cover the requirements of the
                                                                    Member States which have used up their initial quota
I1) OJ No L 133 , 21 . 5 . 1973 , p. 1 .                            shares ; whereas, in order to ensure a certain degree
(2) OJ No L 133 , 21 . 5 . 1973 , p. 88 .                           of security to importers in each Member State, the
(3) OJ No L 73 , 27 . 3 . 1972 , p. 14.                             first tranche of the Community quota should be
 ---pagebreak--- No L 315 /30                         Official Journal of rhe European Communities                                 26 . 11 . 74
determined at a level which, under present circum­              2 . Within the limits of 400 metric tons of the tariff
stances, may be approximately 75% and 50% of the                quota referred to in Article 1 , the new Member
quota amount respectively ;                                     States shall apply the duties laid down in the relevant
                                                                provisions of the Act of Accession, the Agreement
                                                                and the Protocol .
"Whereas the initial shares of the Member States may
 be used up at different times ; whereas, in order to
take this fact into account and avoid any break in                                        Article 3
continuity, it is important that any Member State
having used up almost the whole of its initial share
 should draw an additional share from the relevant               1 . A first tranche of 72 metric tons of the amount
 reserve ; whereas , this must be done by each Member           specified in Article 2 ( 1 ) shall be allocated among
 State as and when each of its additional shares is             the Member States of the Community as originally
 almost entirely used up, and repeated as many times            constituted ; the shares which, subject to Article 6,
 as the reserves allow ; whereas the initial and ad­            are valid until 31 December 1975 shall be as follows :
 ditional shares must be available for use until the
                                                                         Germany                     20 metric tons
 end of the quota period ; whereas this method of
                                                                         Benelux                     14 metric tons
administration calls for close cooperation between
Member States and the Commission, which must, in                         France                      20 metric tons
particular, be able to observe the extent to which                       Italy                       1 8 metric tons
the quota amounts are used and inform Member
 States thereof;                                                The second tranche of 28 metric tons shall constitute
                                                                the relevant reserve .
Whereas if, at a specified date in the quota period,
a considerable balance       remains  in  one   or  other       2 . A first tranche of 200 metric tons of the amount
Member State, it is essential that that Member State            mentioned in Article 2 (2) shall be distributed be­
pays a large amount of it back into the reserve, in             tween the new Member States ; the shares, which
order to prevent a part of the tariff quota from                subject to Article 6 are valid until 31 December 1975 ,
                                                                shall be as follows :
remaining unused in one Member State when it could
 be used in others ;                                                     Denmark                     90 metric tons
                                                                         Ireland                       5 metric tons
Whereas, since the Kingdom of Belgium, the Kingdom                       United Kingdom             105 metric tons
 of the Netherlands and the Grand Duchy of Luxem­
bourg are united in and represented by the Benelux              The second tranche of 200 metric tons shall constitute
Economic Union, all transactions concerning the                 the relevant reserve .
administration of shares granted to the abovemen­
tioned Economic Union may be carried out by any
one of its members,
                                                                                          Article 4
                                                                1.   If 90% or more of the initial share of a Member
HAS ADOPTED THIS REGULATION :                                   State laid down in Article 3 , or 90% of that share
                                                                less the amount returned into the relevant reserve
                                                                where the provisions of Article 6 have been applied,
                          Article 1
                                                                has been exhausted, that Member State shall proceed
                                                                without delay, by notifying the Commission, to draw
From 1 January to 31 December 1975 a tariff quota               a second share, equal to 15% of its initial share,
of 500 metric tons shall be opened within the Com­              rounded up to the next unit where appropriate, to
munity in respect of men's and boys' outer garments             the extent that the relevant reserve is sufficient.
falling within heading No 61.01 of the Common
Customs Tariff, originating in Cyprus . This quota              2. If, after its initial share has been exhausted, 90%
shall be allocated and administered in accordance
                                                                or more of the second share drawn by a Member
with the provisions set out below.                              State has been used , that Member State shall proceed,
                                                                in accordance with the conditions laid down in para­
                                                                graph 1 , to draw a third share, equal to 7-5% of its
                          Article 2                             initial share, rounded up to the next unit .
1 . The Common Customs Tariff duty shall be par­                3 . If, after its second share has been exhausted, 90%
tially suspended at the rate of 5-1% in respect of              or more of the third share drawn by a Member State
100 metric tons of the quota referred to in Article 1 .         has been used , that Member State shall proceed, in
 ---pagebreak--- 26 . 11.74                            Official Journal of the European Communities                             No L. 315 / 31
the same way, to draw a fourth share equal to the                The Commission shall, not later than 15 October
third .                                                          1975 , notify the Member States of the amounts in
                                                                 the reserves after the return of shares pursuant to
This process shall be applied until the relevant reserve         Article 6.
is exhausted .
                                                                 The Commission shall ensure that any drawing which
4 . Notwithstanding paragraphs 1 , 2 and 3 a Member              uses up one or the other reserve is limited to the
State may proceed to draw shares smaller than those              balance available and for this purpose shall specify
fixed in those paragraphs if there is reason to believe          the amount thereof to the Member State which makes
that they might not be used up. They shall inform                the last drawing.
the Commission of the reasons which led them to
apply this paragraph.                                                                      Article 8
                                                                 1 . The Member States shall take all appropriate
                                                                 measures to ensure that when additional shares are
                         Article 5                               drawn pursuant to Article 4 it is possible for changes
                                                                 to be made without interruption against their
Each of the additional shares drawn pursuant to                  accumulated shares of the Community quota .
Article 4 shall be valid until 31 December 1975 .
                                                                 2. The Member States shall ensure that importers
                                                                 of the said goods established in their territory have
                         Article 6                               free access to the share allocated to them .
If, by 15 September 1975 , a Member State has not                3 . The Member States shall charge imports of the
used up its initial share, it shall, not later than 10 Oc­       said goods against their share as and when the goods
tober 1975 , return to the reserve the unused portion            are entered for home use .
of this share in excess of 20 % of the initial amount .
It may return a larger quantity if there is reason to            4. The extent to which a Member State used up its
believe that such quantity might not be used.                    share shall be determined on the basis of the imports
                                                                 charged in accordance with paragraph 3 .
The Member States shall, not later than 10 October
1975 , notify the Commission of the total imports of                                       Article 9
the said goods effected up to and including 15 Sep­
tember 1975 and charged against the Community                    Member States       shall   inform the     Commission      at
quota and, where appropriate, the proportion of their             regular intervals of imports of the said products
initial share that is being returned to the relevant              actually charged against their shares .
reserve .
                                                                                          Article 10
                                                                 The Member States and the Commission shall co­
                         Article 7                               operate closely in order to ensure that this Regu­
                                                                 lation is observed .
The Commission shall keep an account of the shares
opened by the Member States in accordance with                                            Article 11
Articles 3 and 4 and shalb inform each State of the
extent to which the reserves have been used up as                This     Regulation     shall    enter   into  force      on
soon as it receives the notifications .                           1 January 1975 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels , 18 November 1974 .
                                                                                      For the Council
                                                                                        The President
                                                                                        Ch . BONNET