CELEX: 31974R0362
Language: en
Date: 1974-02-04 00:00:00
Title: Regulation (EEC) No 362/74 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 Israel

No L 48/56                          Official Journal of the European Communities                               20 . 2 . 74
                              REGULATION (EEC) No 362/74 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 Israel
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                      Whereas, during the past three years for which statistics
                                                               are available, the corresponding imports by each of
                                                               the Member States represent the following percentages
                                                               of the imports into the Community from Israel of the
                                                               products concerned :
Having regard to the Treaty establishing the European .
Economic Community and in particular Article 113
                                                                                             1970     1971       1972
thereof ;
                                                               Germany                       93-0     89-9       94-5
Having regard to the proposal from the Commission ;            Benelux                        0-2      —           0-5 '
                                                               France                         2-0      2-5         2-5
Whereas the Agreement between the European Econo­              Italy                          4-8      7 -6        2-5
mic Community and the State of Israel, 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 Community tariff quota              Whereas, in view of these factors and of the estimates
of 300 jnetric tons of other woven fabrics of cotton           submitted by certain Member States, initial quotas
falling within heading No 55.09 of the Common                  may be fixed approximately at the following percent­
Customs Tariff, originating in Israel ; whereas, pursu­        ages :
ant to Article 1 of the said Annex, the quota duty is
equal to 50% of the Common Customs Tariff duty                             Germany                        90
in respect of the product concerned ; whereas therefore
a Community tariff quota of 300 metric tons at duty                        Benelux                          1
rates of 6-5% , 7% , 7% and 7-5% for products                              France                           3
falling within subheading Nos 55.09 A I, A II, B I and
B II respectively should be opened for 1974 ;                              Italy                            6
Whereas equal and continuous access to the quota               Whereas, to take account of future import trends in
should be ensured for all Community importers and              the various Member States for the products concerned,
the rate of levy for the tariff quota should be applied        each quota volume should be divided into two
consistently to all imports of the product in question         tranches, the first being allocated amongst the Member
until the quota is used up ; whereas, a Community              States and the second held as a reserve to cover at a
tariff arrangement based on an allocation between              later date the requirements of Member States who
the Member States would seem to preserve the                   have used up their initial shares ; whereas to give
Community nature of the quota ; whereas to represent           importers some certainty the first tranche of each
as closely as possible the actual development of the           Community tariff quota could be fixed at about 75 %
market in the product in question the allocation should        of the quota volumes ;
follow proportionately the requirements of the Member
States calculated from both statistics of imports from
Israel during a representative reference period and the        Whereas the initial shares may be used up more or
economic outlook for the tariff period in question ;           less quickly ; whereas, therefore, to avoid disruption
 ---pagebreak--- 20 . 2 . 74                             Official Journal of the European Communities                                  No L 48/57
of supplies , any Member State which has almost used                   Whereas, since the Kingdom of Belgium, the Kingdom
up its initial share must draw a supplementary share                   of the Netherlands and the Grand Duchy of Luxem­
from the reserve ; whereas this must be done by each                   bourg are jointly represented by the Benelux Economic
Member State as each one of its supplementary shares                   Union, any measure concerning the administration of
is almost used up, and as many times as the reserve                    the shares allocated to that economic union may be
allows ; whereas each initial and supplementary share                  carried out by one of its members ,
must be valid until the end of the quota period ; where­
as this form of administration requires close collabor­
ation between the Member States and the Commission,
and the Commission must be in a position to follow                     HAS ADOPTED THIS REGULATION :
the extent to which the tariff quotas have been used
up and inform the Member States thereof ;
                                                                                                 Article 1
Whereas if, at a given date in the quota period, a
considerable quantity of the initial share is left over                Until 31 December 1974, the Common Customs
in a Member State, it is essential that each state                     Tariff duties in respect of the products originating in
should return a significant proportion to the reserve,                 Israel set out in the table below shall be partially
to prevent a part of the Community quota from                          suspended at the rates indicated for each of them,
remaining unused in one Member State while it could                    within the limits of an overall Community tariff quota
be used in others ;                                                    of 300 metric tons :
                   CCT                                                                                        Rate of
                  heading                                Description of goods                                  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                                            6-5
                                  II . Other                                                                    7-0
                             B. Other :
                                   I. Of a width of less than 85 cm                                             7-0
                                  II . Other                                                                    7-5
                           Article 2                                                              Article 3
 1 . A first tranche, of 225 metric tons of the Community               1 . If 90% or more of a Member State's initial share
 tariff quota referred to in Article 1 shall be allocated               as specified in Article 2 (1 ), or of that share minus the
 among the Member States ; the shares which, subject                    portion returned to the reserve where Article 5 is
 to Article 5, shall be valid until 31 December 1974 shall              applied, has been used up, that Member State shall
 be as follows :                                                        without delay, by notifying the Commission, draw a
                                                                        second share equal to 15 % of its initial share, rounded
                                                                        up where necessary to the next unit to the extent per­
               Germany          200 metric tons                         mitted by the amount of the reserve.
               Benelux             2 metric tons
               France              8 metric tons                        2. If, after its initial share has been used up , 90% or
               Italy              15 metric tons                        more of the second share drawn by a Member State
                                                                        has been used up, that Member State shall, in accor­
                                                                        dance with the conditions imposed by paragraph 1 ,
 2 . A second tranche of 75 metric tons shall constitute                draw a third share, equal to 7-5 % of its initial share,
 a reserve .                                                            rounded up where necessary to the next unit.
 ---pagebreak--- No L 48/58                           Official Journal of the European Communities                               20. 2. 74
3 . If, after its second share has been used up, 90% or         It shall ensure that the drawing which uses up the re­
more of the third share drawn by a Member State has             serve is limited to the balance available and to this
been used up, that Member State shall, in accordance            end shall specify the amount thereof to the Member
with the same conditions, draw a fourth share equal             State making the last drawing.
to the third.
This process shall continue to apply until the reserve                                  Article 7
is used up.
                                                                1 . Member States shall take all measures necessary
4. By way of derogation from paragraphs 1 to 3, a               to ensure that supplementary shares drawn pursuant
Member State may draw shares lower than those fixed             to Article 3 are opened in such a way that imports
in those paragraphs if there are grounds for believing          may be charged without interruption against their
that they may not be used up . It shall inform the Com­         accumulated shares in the Community quota.
mission of its reasons for applying this paragraph.
                                                                2. Member States shall ensure that importers of the
                          Article 4                             said goods established in their territory have free
                                                                access to the shares allocated to them .
Supplementary shares drawn pursuant to Article 3
shall be valid until 31 December 1974.                          3 . Member States shall charge imports of the said
                                                                goods against their shares as and when such goods
                                                                are entered for home use.
                          Article 5
                                                                4. The extent to which a Member State has used up
A Member State which on 15 September 1974 has not               its share shall be determined on the basis of imports
used up its initial share shall return to the reserve not       charged in accordance with paragraph 3 .
later than 10 October 1974 the unused portion
exceeding 20 % of the initial amount. It may return a
                                                                                        Article 8
greater portion if there are grounds for believing that
it may not be used up.
                                                                Member States shall inform the Commission at
Member States shall, not later than 10 October 1974,            regular intervals of imports actually charged against
notify the Commission of the total quantities of the            their shares .
said goods imported up to and including 15 September
1974 and charged against the Community tariff quota
and any quantities of the initial share returned to the                                 Article 9
reserve .
                                                                The Member States and the Commission shall co­
                          Article 6                             operate closely in order to ensure that this Regulation
                                                                is observed.
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2                                     Article 10
and 3 and shall, as soon as it has been notified, inform
each state of the extent to which the reserve has been
used up .                                                       The tariff quota laid down in this Regulation shall be
                                                                 opened for 1974.
It shall inform the Member States, not later than
15 October 1974, of the amount still in reserve after           This Regulation shall enter into force on the third
amounts have been returned thereto pursuant to                  day following its publication in the Official Journal of
Article 5 .                                                     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