CELEX: 31974R0364
Language: en
Date: 1974-02-04
Title: Regulation (EEC) No 364/74 of the Council of 4 February 1974 opening, allocating and providing for the administration of a Community tariff quota for man-made fibres (discontinuous or waste), carded, combed or otherwise prepared for spinning falling within heading No 56.04 of the Common Customs Tariff, originating in Malta

No L 48/62                          Official Journal of the European Communities                                 20 . 2 . 74
                              REGULATION (EEC) No 364/74 OF THE COUNCIL
                                                  of 4 February 1974
              opening, allocating and providing for the administration of a Community tariff quota
              for man-made fibres (discontinuous or waste), carded, combed or otherwise prepared
              for spinning falling within heading No 56.04 of the Common Customs Tariff, originating
                                                        in Malta
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         laid down in the Agreement should be confined to the
                                                                 original Member States and the additional volume of
                                                                 300 metric tons resulting from the increase should be
                                                                 allocated to all Member States ;
Having regard to the Treaty establishing the European
Economic Community and in particular Article 113                 Whereas it is in particular necessary to ensure to all
thereof ;                                                        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
Whereas the Agreement between the European Eco­                  States until the quota has been used up ; whereas,
nomic Community and Malta, signed at Valetta on                  having regard to the principles mentioned above, the
5 December 1970, provides in Article 3 (1 ) together             Community nature of the quota can be respected by
with Article 2 of Annex I for the opening by the                 allocating the Community tariff quota among the
Community of an annual Community tariff quota of                 Member States ; whereas, in order to reflect more
600 metric tons of man-made fibres (discontinuous or             accurately the actual development of the market in the
waste), carded, combed, or otherwise prepared for                product concerned, such allocation should be in pro­
spinning falling within heading No 56.04 of the                  portion to the needs of the Member States, assessed by
Common Customs Tariff, originating in Malta ;                    reference to both the statistics of each State's imports
whereas, pursuant to Article 1 of the said Annex the             of the said goods from Malta over a representative
quota duty is equal to 30% of the Common Customs                 period and the economic outlook for the quota period
Tariff duty in respect of the product concerned ;                concerned ;
whereas, with a view to granting Malta a treatment
not less favourable than that enjoyed by countries               Whereas, during the past three years for which
eligible for the Generalized System of Preferences, the           statistics are available, the corresponding imports by
abovementioned volume should be increased by 50%                  each of the Member States represent the following
and the duties totally suspended ; whereas, as regards            percentages of the imports into the Community from
the allocation of this tariff quota, the quota volume             Malta of the products concerned :
                                                      1970                    1971                  1972
               Benelux                            1-0        0-5          7-7       1-7       —          —
               France                             7-2        3-7          —         —         —          —
               Germany                            —          —            —         —         —          —
               Italy                             91-8      46-8          92-3      20-3       100       66-8
               Denmark                                       —                      —                    —
               Ireland                                      14-5                   10-4                 15-5
               United Kingdom                               34-5                   67-6                 17-7
 ---pagebreak--- 20 . 2. 74                          Official Journal of the European Communities                            No L 48/63
Whereas, both these percentages and the estimates              Whereas, since the Kingdom of Belgium, the Kingdom
from certain Member States as well as the practical            of the Netherlands and the Grand Duchy of Luxem­
need to ensure that the obligations contracted under           bourg are united in and represented by the Benelux
the Agreement concerned are allocated fairly among             Economic Union, all transactions concerning the ad­
all the Member States ; whereas, initial quota shares          ministration of shares granted to the abovementioned
may consequently be fixed approximately as follows :           Economic Union may be carried out by any of its
                                                               members,
              Benelux                     11-7                 HAS ADOPTED THIS REGULATION :
              Denmark                      3-3
                                                                                      Article 1
              France                      13-3
              Germany                     100                  1 . Until 31 December 1974, a Community tariff quota
                                                               of 900 metric tons shall be opened in the Community
              Ireland                      5-0                 for man-made fibres (discontinuous or waste), carded,
                                                               combed or otherwise prepared for spinning falling
              Italy                       48-3                 within heading No 56.04 of the Common Customs
                                                               Tariff, originating in Malta.
              United Kingdom               8-4
                                                               2. Within the limits of this tariff quota the Com­
                                                               munity Customs Tariff duties shall be totally suspen­
Whereas, in order to take into account import trends           ded.
for the products concerned in the different Member             This suspension shall be fully applied in the new
States, the quota amount should be divided into two            Member States .
tranches, the first tranche being allocated among the
Member States, and the second forming a reserve
intended ultimately to cover the requirements of the                                  Article 2
Member States which have used up their initial shares ;
whereas, in order to ensure a certain degree of security       1 . A first tranche, of 600 metric tons of the Com­
to importers in each Member State, the first tranche           munity tariff quota referred to in Article 1 shall be
of the Community quota should be determined at a               shared among the Member States ; the proportions
level which, under present circumstances, may be               which, subject to Article 5, shall be valid until 31
67% of the quota amount ;                                      December 1974 shall consist of the following amounts :
                                                                            Benelux              70 metric tons
Whereas the initial shares of the Member States may                         Denmark              20 metric tons
be used up at different times ; whereas, in order to take
                                                                            France               80 metric tons
this fact into account and avoid any break in continuity
it is important that any Member State having used up                        Germany              60 metric tons
almost the whole of its initial share should draw an                        Ireland              30 metric tons
additional share from the reserve ; whereas, this must
be done by each Member State as and when each of its                        Italy               290 metric tons
additional shares is almost entirely used up, and                           United Kingdom       50 metric tons
repeated as many times as the reserve allows ; whereas
the initial and additional shares must be available for
                                                               2 . The second tranche of 300 metric tons shall consti­
use until the end of the quota period ; whereas this           tute the reserve.
method of administration calls for close cooperation
between Member States and the Commission, which
must, in particular, be able to observe the extent to                                 Article 3
which the quota amount is used and inform Member
States thereof ;                                               1 . If 90% or more of the initial share of a Member
                                                               State, as laid down in Article 2 (1 ), or 90% of that
                                                               share less the amount returned into the reserve, where
Whereas if, at a specified date in the quota period, a         the provisions of Article 5 have been applied, has been
considerable balance remains in one or other Member            exhausted, that Member State shall proceed without
State it is essential that that Member State pays a large      delay, by notifying the Commission, to draw a second
amount of it back into the reserve, in order to avoid          share equal to 15 % of its initial share, rounded up to
a part of the Community quota's remaining unused               the next unit where appropriate, to the extent that the
in one Member State when it could be used in others ;          amount in the reserve allows .
 ---pagebreak--- No L 48/64                            Official Journal of the European Communities                               20 . 2 . 74
2. If, after its initial share has been exhausted, 90%           which the reserve has been used as soon as it receives
or more of the second share drawn by a Member State              the notifications .
has been used, that Member State shall, in accordance
with the conditions laid down in paragraph 1 , proceed           The Commission shall, not later than 15 October 1974,
to draw a third share equal to 7-5 % of its initial share,       notify Member States of the amount in the reserve
rounded up to the next unit where appropriate, to the            after the return of shares pursuant to Article 5 .
extent that the amount in the reserve allows .                   The Commission shall ensure that any drawing which
                                                                 uses up the reserve is limited to the balance available
3 . If, after its second share has been exhausted, 90%           and, for this purpose, shall specify the amount thereof
or more of the third share drawn by a Member State               to the Member State which makes the final drawing.
has been used, that Member State shall proceed, in the
same way, to draw a fourth share equal to the third.                                     Article 7
This process shall be applied until the reserve is ex­
hausted .                                                        1 . The Member States shall take all appropriate
                                                                 measures to ensure that, when additional shares are
4. Notwithstanding the provisions of paragraphs 1 ,              drawn pursuant to Article 3 , it is possible for charges
2 and 3 , the Member States may proceed to draw                  to be made without interruption against their accu­
shares smaller than those fixed in those paragraphs,             mulated shares of the Community quota .
if there is reason to believe that they might not be used        2. The Member States shall ensure that importers of
up . They shall inform the Commission of the reasons             the product concerned established in their territory
which led them to apply this paragraph .                         have free access to the shares allocated to them .
                          Article 4                              3 . The Member States shall charge imports of the
                                                                 said goods against their shares as and when the goods
Each of the additional shares drawn pursuant to                  are entered for home use .
Article 3 shall be valid until 31 December 1974 .
                                                                 4. The extent to which a Member State has used up
                                                                 its share shall be determined on the basis of the im­
                          Article 5                              ports charged in accordance with paragraph 3 .
If, by 15 September 1974, a Member State has not                                         Article 8
used up its initial share, it shall , not later than 10
October 1974, return to the reserve the unused portion           Member States shall inform the Commission at regular
of this share in excess of 20% of the initial amount .           intervals of imports actually charged against their
It may return a larger quantity if there is reason to            shares .
believe that such quantity might not be used .
                                                                                         Article 9
The Member States shall , not later than 10 October
1974, notify the Commission of the total imports of              The Member States and the Commission shall coop­
the product in question effected up to and including             erate closely in order to ensure that this Regulation is
15 September 1974 and charged against the Commu­                 observed .
nity quota and , where appropriate, the proportion of
their initial share that is being returned to the reserve.                               Article 10
                                                                 The tariff quota laid down in this Regulation shall be
                          Article 6                              opened for 1974.
The Commission shall keep account of the shares                  This Regulation shall enter into force on the third
opened by Member States in accordance with Articles              day following its publication in the Official Journal
2 and 3 and shall inform each of them of the extent to           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