CELEX: 51974PC1517
Language: en
Date: 1974-09-25
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL 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

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1517
Vol. 1974/0243
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 ---pagebreak---     COMMISSION OF THE EUROPEAN COMMUNITIES
                                                            COM(74)1517 final
                                                            Brussels , 25 September 1974
                                     Proposal for a
                             REGULATION ( EEC ) OF THE COUNCIL
               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
                     ( submitted to the Council "by the Commission)
C0M( 74 ) 1517 final
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
  1 . Article 2 of th£ Agreement ' at present in force "between
      the Flwronfian Economic Community
       and Israel , read with Article 3 of Annex I thereto , provides for
       the opening of Community tariff quota of 300 tons for the
       importation into the Community of other cotton fabrics , originating
       in Israel , falling within the Tariff Heading No 55«09 «
 2 . These provisions apply only to the six original Member States , since
       the "Protocol fixing certain provisions relating to the Agreement
       between the European Economic Community and Israel in consequence
       of the Accession of the new Member States to the European Economic
       Community" of 30 January 1973 ( OJ No L 66 , 13 March 1973 ) provides
       that as regards the new Member States the situation shall remain as
       before .    The Protocol also provides "'that the contracting parties are
       to lay down before 1 January 197^ the transitional measures and
       adjustements which may appear necessary following the accession of
       the new Member States .
       In July 1973 » the Community opened negotiations with Israel with a
       view to concluding , by 1 January 197 ^ » a new Agreement to replace
       the 1970 Agreement . However , in view of the present state of these
      negotiations , it is by no means certain that the Agreement could
       enter into force on 1 January 1975 but rather on a later date which
       mifht well 'be within the first half of 1975 •
3 * In view of the foregoing , the Commission believes that the possible
     necessity should be provided for of opening a tariff quota, under the
     current Agreement , in favour of Israel . Consequently , the relevant
     tariff quota should be opened by 1 January 1975 and therefore
     approved by the Council before 1 November 1975 .
     It is therefore necessary to initiate the procedures for opening
     the relevant tariff quota »
     Ho ;ever, in vie1-* of the possj_W.e entry into force of a new Agreement it is
     proposed to confine the period of validity of this Community tariff quota for
     the year 1975 to the period not-covered by the new Agreement *
     1'liip if? the oo.iect of the pronosal annexed hereto .
 ---pagebreak---                                      2
    The Regulations provide , in the usual way , for the splitting up of
    the tariff volumes into two parts , of which the first will be
    allocated among the Member States as quota shares and the second
    will be kept as reserve .
                                                   .)
5 . The allocation of the first part of each quota has been undertaken
    according to the rules generally applied hitherto . The total
    imports of each Member State for      197^ to 1973     have been
    expressed as a proportion of total Community imports over the same
    period . The resulting percentages have been applied State by
    State to the volume of the first part , the last digit of the
    number of metric tons bein*' rounded off .
6 . The proposed Regulation on other cotton fabrics provides for a
    single method of administration , to be applied by all Member
    States , namely the " as and when " method .
 ---pagebreak---                                            Proposal for a
                              REGULATION (EEC) No . . .          OF THE COUNCIL
                                                of
              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 ,
Having'regard to the Treaty establishing the European
Economic Community and in particular Article 113
thereof ;
Having regard to the proposal from the Commission ;
Whereas the Agreement between the European Econo­
mic Community and the State of Israel , signed at
Luxembourg on 29 June 1970, provides in Article 2 ( 1 ) ? "taken
together with Article 3 of Annex I, for the opening by
the "C ornmunity of an annual Community tariff quota
of 300jmetric tons of other woven fabrics of cotton
falling within heading No 55.09 of the Common
Customs Tariff originating in Israel ; whereas pursu­
ant to Article 1 of the said Annex the quota duty is
equal to 50% of the Common Customs Tariff duty
in respect of the product concerned ; whereas therefore
a Community tariff quota of 300 metric tons at duty
rates of 6-5% , 7% , 7% and 7-5% for products
falling within subheading Nos 55.09 A I, A II, B I and
B II respectively should be opened for 1975";
Whereas the Community tariff quota in
rruestion should he opened for the year
1975 5     arid whereas , however , because of
the possibility of the entry into force
(hiring 1975 of a new Agreement in this
regard between the Europea.n Economic
Community and. Israel, it is necessary
to confine the period of validity of
this tariff quota to such period as is
not covered "by the new Agreement ;
 ---pagebreak--- Whereas equal and continuous access to the quota
should be ensured for all Community importers and
the rate of levy for the tariff quota should be applied
consistently to all imports of the product in question
until the quota is used up ; whereas a Community
tariff arrangement based on an allocation between
the Member States would seem to preserve the
Community nature of the quota ; whereas to represent
as closely as possible the actual development of the
market in the product in question the allocation should
follow proportionately the requirements of the Member
States calculated from both statistics of imports from
Israel during a representative reference period and the
economic outlook for the tariff period in question ;
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 :
                                1971     1972      1973
Germany                         89-9     94-5       89.8
Bénélux                      I            0-5        0.1
France                     1     2-5      2-5        4 .6
 Italy                           7-6      2-5        5Ô
 Whereas, in view of these figures and of "the estimates
 submitted by certain Member States, initial quotas
 may be fixed approximately at the following percent­
 ages :
              Germany ■                     88.9
              Bénélux                         1 «3
              France                          4 «5
              Italy                           5*3
  Whereas, to take account of future import trends in
  the various Member States for the products concerned ,
  each quota volume should be divided into two
  tranches, the first being allocated amongst the Member
  States and the second held as a reserve to cover at a
  later date the requirements of Member States who
  have used up their initial shares ; whereas to give
  importers some certainty the first tranche of each
  Community tariff quota could be fixed at approximately
  75i° of the quo+a amounts ;
  Whereas the initial shares of the Member States
  may "be used up at differing rates ; . whereas ,
  therefore , to avoid disruption
 ---pagebreak---  of supplies , any Member State which has almost                                 Whereas, since the Kingdom of Belgium , the Kingdom
used up its initial share should draw an addi­                                   of the Netherlands and the Grand Duchy of Luxem­
tional share from the reserve ; whereas this must                                bourg are jointly represented by the Benelux Economic
"be done "by each Member State as each of its addi­                              Union, any measure concerning the administration of
tional shares is almost used up , and as many times the shares allocated to that Economic Union may
as the reserve allows ; whereas each initial and                                be carried out by one of its members ;
additional share must be valid until the end of
the quota period ; whereas this form of admini­
stration requires close collaboration between                                    HAS ADOPTED THIS REGULATION :
the Member- States and the Commission, and the
Commission must be in a position to follow 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 ,                                From 1 January 1975 until' 31 "Oeoarober 1
a substantial proportion of a Member State 's                                    the Common Curctoms
initial share remains unused it is essential                                     Tariff duties in respect of the products originating in
that that Member State return a significant                                      Israel set out in the table below shall be partially
                                                                                 suspended at the rates indicated for each of them ,
percentage thereof to the reserve , in order to                              [ within the limits of an overall Community tariff quota
prevent a part of the Community quota from                                   '■ of 300 metric tons :
remaining unused in' one Member State while it
could be used in others ;
                           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
                                           I. Of a width of less than 85 cm                                              65
                                          II .  Other                                                                    7-0
                                      B. Other :
                                 I
                                 I
                                           I. Of a width of less than 85 cm                                              70
                                          II . Other                                                                     7*5
                                   Article 2                                                             Article 3
  1 . A first tranche of 225 metric tons of the                                 1 . If 90% or more of a Member State's initial share
  Community tariff quota referred to in Article 1                               as specified in Article 2 ( 1 ), or of that share minus the
  shall be allocated among the Member States . The                             portion returned to the reserve where Article 5 is
  respective individual shares , which subject to                              applied , has been used up, that Member State shall
 Article 5 shall be valid until the end of the                                  without delay, by notifying the Commission, draw a
  period specified in Article 1 , shall be as                                   second share equal to 15% of its initial share, rounded
  follows i                                                                     up where necessary to the next unit to the extent per­
                                                                                mitted by the amount of the reserve.
                                                                              2 . If, after its initial share has been used
                                                                             up, 90% or more of the second share drawn by
                     Germany 200               metric tons                    a Member State has been used up , that Member
                     Benelux         3         metric tons                    State shall , in the manner provided in para­
                     France         10         metric tons                     graph 1 , draw a third share , equal to 7 • 5/'°
                     Italy          12         metric tons                     of its initial share , rounded up where neces­
                                                                               sary to the next unit .
           2. A second tranche of 75 metric tons shall constitute
           the reserve .
 ---pagebreak---                                                                           4
3 . If , after its second share has "been used up,
90% or more of the third share drawn by a Member
State has been used up , that Member State shall ,
in like manner , draw a fourth share equal to the ; It shall ensure that the drawing which uses up the re­
third .                                                                       serve is limited to the balance available and to this
   .    .              '                                                ,
                                                                              end shall specify the amount thereof to the Member
              This process shall continue to apply until the reserve          State making the last drawing.
          • is used up.
                                                                                                     Article 7
              4. By way of derogation from paragraphs 1 to 3, a
              Member State may draw shares lower than those fixed            1 • Member States shall take all measures
              in those paragraphs if there are grounds for believing        necessary to ensure that additional shares
              that they may not be used up. It shall inform the Com­        drawn pursuant to Article 3 are opened
              mission of its reasons for applying this paragraph.           in such a way that imports may be charged
                                                                            without interruption against their accumu­
                                      Article 4         < '                 lated shares in the Community quota.
                                                                              2. Member States shall ensure that importers of the
                   shares drawn pursuant to Article 3                         said goods established in their territory have free
  shall be valid until the end of the period
  specified in Article 1 .
                                                                              access to the shares allocated to them .
                                                                             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 1973" 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 1975 the unused portion
             exceeding 20% of the initial amount. It may return a
             greater portion if there are grounds for believing that                                 Article 8
             it may not be used up.
                                                                             Member States shall inform the Commission at
             Member States shall, not later than 10 October 1975",           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
             1975" and charged against the Community tariff quota
             and of any quantities of the initial                                                    Article 9
           . share returned to the 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          In the event that the preferential tariff
             used up .                                                      arrangement for imports into the Community
            It shall inform the Member States, not later than
                                                                            of products as specified by Article 1 ( l )
             15 October 1975", of the amount still in reserve after         is made the subject of a new Agreement
            amounts have been returned thereto pursuant to                  between the European Economic Community
            Article 5 .                                                     and the State of Israel and that the said
                                                                            Agreement enters into force before 31
                                                                            December 1974 this Regulation shall cease
                                                                            to have effect as on such date of entry
                                                                            into force .
                                                                                                  Article 11
                                                                            This Regulation shall enter into force
                                                                            on 1 January 1 97 5 •
                       This Regulation shall be binding in its entirety and directly applicable in all Member
                       States .
                       Done at Brussels,
                                                                                            For the Council
                                                                                              The President