CELEX: 31974R2917
Language: en
Date: 1974-11-18
Title: Regulation (EEC) No 2917/74 of the Council of 18 November 1974 opening, allocating and providing for the administration of a Community tariff quota for cotton yarn falling within heading No 55.05 of the Common Customs Tariff, originating in Malta

No L 315/ 12                        Official Journal of the European Communities                             26 . 11.74
                             REGULATION (EEC) No 2917/74 OF THE COUNCIL
                                                of 18 November 1974
             opening, allocation and providing for the administration of a Community tariff quota
             for cotton yarn falling within heading No 55.05 of the Common Customs Tariff, originating
                                                         in Malta
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                        fined to the original Member States and the additional
                                                                 volume of 375 metric tons resulting from the increase
                                                                 should be allocated to all Member States ;
Having regard to the Treaty establishing the Euro­
pean Economic Community, and in particular
Article 113 thereof ;                                            Whereas it is in particular necessary to ensure to all
                                                                 Community importers equal and uninterrupted access
                                                                to the abovementioned quota and uninterrupted
Having regard to the proposal from the Commission ;              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,
Whereas the Agreement between the European Eco­                 having regard to the principles mentioned above, the
nomic Community and Malta, signed at Valetta on                  Community nature of the quota can be respected by
5 December 1970, provides in Article 3 ( 1 ), together          allocating the Community tariff quota among the
with Article 2 of Annex I, for the opening by the               Member States ; whereas, in order to reflect more
Community of an annual Community tariff quota                   accurately the actual development of the market in
of 750 metric tons of cotton yarn not put up for                the product concerned, such allocation should be in
retail sale falling within heading No 55.05 of the              proportion to the needs of the Member States, as­
Common Customs Tariff, originating in Malta ;                   sessed by reference to both the statistics of each
whereas, pursuant to Article 1 of the said Annex, the           State's imports of the said goods from Malta over
quota duty is equal to 30 % of the Common Customs               a representative period and the economic outlook for
Tariff duty in respect of the product concerned ;               the quota period concerned ;
whereas, with a view to granting Malta a treatment
not less favourable than that enjoyed by countries
eligible for the generalized system of preferences,             Whereas, during the last three years for which stat­
the abovementioned volume should be increased by                istics are available, the corresponding imports by
50% and the duties totally suspended ; whereas, as              each of the Member States represent the following
regards the allocation of this tariff quota, the quota          percentages of the imports into the Community, from
volume laid down in the Agreement should be con­                Malta, of the products concerned :
                                            I
                                            I
                                                    1971                    1972                1973
             Germany                           41-5        34-5       .57-3      51-4     45-5       39-8
             Benelux                           42-0        34-8       28-7       25-7     34-8       30-4
             France                             2-1         1-7         5-4       4-8       8-0       7-0
             Italy                             14-4        12-0         8-6       7-8     11-7       10-2
             Denmark                                                              0-1                 0-0
             Ireland                                        5-3                   3-2                 0-1
             United Kingdom                                11-7                   7-0                12-5
 ---pagebreak--- 26 . 11.74                           Official Journal of the European Communities                               No L 315/ 13
Whereas, in view of these factors of the foreseeable            administration of shares granted to the abovemen­
development during 1975 of the market for the prod­             tioned Economic Union may be carried out by any
ucts in question and in particular of the estimates             one of its members,
submitted by certain Member States, initial quota
shares may consequently be fixed approximately as
follows :
                                                                HAS ADOPTED THIS REGULATION :
         Benelux                               21-0
         Denmark                                0-1                                         Article 1
         France                                 5-6
                                                                1 . From 1 January to 31 December 1975 a tariff
         Germany                               52-0
                                                                quota of 1 125 metric tons shall be opened in the
         Ireland                                1-0             Community for cotton yarn not put up for retail
         Italy                                  9-0             sale, falling within heading No 55.05 of the Common
                                                                Customs Tariff, originating in Malta.
         United Kingdom                        11-3
                                                                2 . Within the limits of this tariff quota the Com­
 Whereas, in order to take into account import trends           munity Common Customs Tariff duties shall be
 for the products concerned in the different Member             totally suspended.
 States, the quota amount should be divided into two
 tranches, the first tranche being allocated among the          This suspension shall be fully applied in the new
 Member States and the second forming a reserve                  Member States .
 intended ultimately to cover the requirements of the
 Member States which have used up their initial quota
                                                                                            Article 2
 shares ; whereas, in order to ensure a certain degree
 of security to importers in each Member State, the
 first tranche of the Community quota should be                  1 . A first tranche, amounting to 805 metric tons of
 determined at a level which, under present circum­              the Community tariff quota referred to in Article 1 ,
 stances, may be approximately 70% of the quota                  shall be shared among the Member States ; the
 amount ;                                                        proportions which, subject to Article 5 , shall be valid
                                                                 until 31 December 1975 shall consist of the following
                                                                 amounts :
 Whereas the initial quota shares of the Member
 States may be used up at different times ; whereas,
                                                                          Germany                     410 metric tons
 in order to take this fact into account and avoid any
  break in continuity, it is important that any Member                    Benelux                      185 metric tons
 State having used up almost the whole of its initial                     France                        50 metric tons
 quota share should draw an additional quota share
 from the reserve ; whereas this must be done by each                     Italy                         80 metric tons
 Member State as and when each of its additional                          Denmark                        1 metric ton
  quota shares is almost entirely used up, and repeated                   Ireland                        9 metric tons
  as many times as the reserve allows ; whereas the
 initial and additional quota shares must be available                    United Kingdom                70 metric tons
  for use until the end of the quota period ; whereas
  this method of administration calls for close cooper­          2 . The second tranche of 320 metric tons shall
  ation between Member States and the Commission,                 constitute the reserve.
  which must, in particular, be able to observe the
  extent to which the quota amount is used and inform
  Member States thereof;                                                                     Article 3
  Whereas if, at a specified date in the quota period,            1 . If 90% or more of the initial share of a Member
  a considerable balance      remains  in one or      other       State, as laid down in Article 2 ( 1 ), or 90% of that
  Member State, it is essential that that Member State            share less the amount returned into the reserve, where
  pays a large amount of it back into the reserve to              the provisions of Article 5 have been applied, has
  prevent a part of the Community quota from                      been exhausted, that Member State shall proceed
  remaining unused in one Member State when it could              without delay, by notifying the Commission, to draw
  be used in others ;                                             a second share equal to 15% of its initial share,
                                                                  rounded up to the next unit where appropriate, to
  Whereas, since the Kingdom of Belgium, the Kingdom              the extent that the amount in the reserve allows .
   of the Netherlands and the Grand Duchy of Luxem­
   bourg are united in and represented by the Benelux             2 . If, after its initial share has been exhausted, 90 %
  Economic Union, all transactions concerning the                 or more of the second share drawn by a Member
 ---pagebreak--- No L 3 15 / 14                        Official Journal of the European Communities                              26 . 11.74
State has been used, that Member State shall , in                to which the reserve has been used as soon as it
accordance with the conditions laid down in para­                received the notifications .
graph 1 , proceed without delay to draw a third share
                                                                 The Commission shall, not later than 15 October
equal to 7-5% of its initial share, rounded up to the
                                                                 1975 , notify Member States of the amount in the
next unit where appropriate, to the extent that the
amount in the reserve allows .
                                                                 reserve after the return of shares pursuant to
                                                                 Article 5 .
3 . If, after its second share has been exhausted, 90%           The Commission shall ensure that any drawing which
or more of the third share drawn by a Member State               uses up the reserve is limited to the balance available
has been used, that Member State shall proceed, in               and , for this purpose, shall specify the amount there­
the same way, to draw a fourth share equal to the                of to the Member State which makes the final
third .                                                          drawing.
This process shall be applied until the reserve is                                        Article 7
exhausted .
                                                                 1 . The Member States shall take all appropriate
4. Notwithstanding the provisions of paragraphs                  measures to ensure that, when additional shares are
J , 2 and 3 , the Member States may proceed to draw              drawn pursuant to Article 3 , it is possible for charges
shares smaller than those fixed in those paragraphs,            to be made without interruption against their ac­
if there is reason to believe that they might not be             cumulated shares of the Community quota.
used up . They shall inform the Commission of the
                                                                2. The Member States shall ensure that importers of
reasons which led them to apply this paragraph.
                                                                the product concerned established in their territory
                                                                 have free access to the shares allocated to them .
                         Article 4
                                                                 3 . The Member States shall charge imports of the
Each of the additional shares drawn pursuant to                  said goods against their share as and when the goods
Article 3 shall be valid until 31 December 1975 .                are entered for home use .
                                                                4 . The extent to which a Member State has used
                         Article 5
                                                                 up its share shall be determined on the basis of the
If, by 15 September 1975 , a Member State has not                imports charged in accordance with paragraph 3 .
used up its initial share, it shall, not later than 10 Oc­
tober 1975 , return to the reserve the unused portion                                     Article 8
of this share in excess of 20% of the initial amount.
It may return a larger quantity if there is reason to            Member States       shall inform the    Commission      at
believe that such quantity might not be used .                   regular intervals of imports actually charged against
                                                                 their shares .
The Member States shall , not later than 10 October
1975 , notify the Commission of the total imports of
                                                                                          Article 9
the product concerned effected up to 15 September
1975 inclusive, and charged against the Community                The    Member States       and the Commission        shall
quota and, where appropriate, the proportion of                  cooperate closely in order to ensure that this Regu­
their initial share that is being returned to the reserve .      lation is observed .
                         Article 6
                                                                                         Article 10
The Commission shall keep account of the shares
opened by Member States in accordance with Articles              This Regulation shall enter into force on 1 January
2 and 3 and shall inform each of them of the extent              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