CELEX: 31973R2778
Language: en
Date: 1973-10-11 00:00:00
Title: Regulation (EEC) No 2778/73 of the Council of 11 October 1973 on the opening, allocation and 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 the Arab Republic of Egypt

No L 285 /48                                Official Journal of the European Communities                              12 . 10. 73
                                         REGULATION (EEC) No 2778/73 OF THE COUNCIL
                                                               of 11 October 1973
                on the opening, allocation and 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 the Arab Republic of Egypt
 THE COUNCIL OF THE EUROPEAN                                                     should be applied consistently to all imports of
 COMMUNITIES,                                                                    the products in question until the quota is used
                                                                                 up ;
 Having regard to the Treaty establishing the Euro­
pean Economic Community, and in particular
Article 113 thereof ;                                                      — in the light of the principles set out above, the
                                                                                Community nature of the quota may best be
Having regard to the proposal from the Commis­                                  preserved by an arrangement allocating it among
 sion ;                                                                         those Member States ; whereas in order to reflect
Whereas the Agreement between the European                                       most accurately the actual development of the
Economic Community and the Arab Republic of                                     market in the products in question, such alloca­
Egypt (*), hereinafter called 'the Agreement', and the                          tion should be proportionate to the requirements
Protocol laying down certain provisions concerning                               of the Member States, calculated both from the
the Agreement between the European Economic                                      statistics of each Member State's imports from
Community and the Arab Republic of Egypt in                                      the Arab Republic of Egypt over a represen­
consequence of the Accession of new Member                                       tative reference period and from the economic
States to the European Economic Community (2),                                   outlook for the quota period in question ;
hereinafter called 'the Protocol', provides for the
opening of an annual Community tariff quota of
3 250 metric tons of other woven fabrics of cotton                         — during the past three years for which statis­
falling within heading No 55.09 of the Common                                   tics are available, the following percentages
Customs Tariff originating in the Arab Republic of                              represent the respective imports of the Member
Egypt ; whereas, if the date of entry into force of                             States concerned in relation to imports of the
the Agreement should not fall at the beginning of                               products in question from the Arab Republic of
the calendar year, the quota should be opened pro                               Egypt into the Community as originally constitu­
rata temporis ; whereas under the Protocol the tariff                           ted :
quota should be allocated among the Member
States as follows : 2 500 metric tons for the Member
States of the Community as originally constituted,                                                      1969      1970        1971
90 metric tons for Denmark, 10 metric tons for
Ireland and 650 metric tons for the United
Kingdom ; whereas Annex I to the Agreement                                Germany                        5-16      6-95         3-0
provides that the duties applicable to the quota                          Benelux                       37-33     10-71       27-19
shall be equal to 55 °/o of the duties of the                             France                         6-70      5-56        1-17
Common Customs Tariff ; whereas as regards the                             Italy                        50-81     76-78       68-64
duties to be applied to the quota by the new
Member States, the special provisions of the
Protocol and of the Act of Accession (3) should be
observed ; whereas a Community tariff quota of                                  in view of those facts and of the forecasts made
542 metric tons should therefore be opened for                                  by certain Member States, the initial percentage
 those products ; whereas to comply with the special                             shares of that quota should be allocated approxi­
 provisions of the Protocol , separate arrangements                              mately as follows :
 should be made for the Member States of the
 Community as originally constituted on the one
 hand and for the new Member States on the other ;                                    Germany                             15
 Whereas as regards in particular the Member States                                   Benelux                             22
 of the Community as originally constituted :                                         France                              15
 — equal and continuous access to the quota should
        be ensured for all importers and quota duties                                 Italy                               48
  (») O I No L 251 , 7 . 9 . 1973 , p . 2 .
  ( 2 ) O J No L 251 , 7 . 9 . 1973 , p . 87 .                             — in order to take account of import trends for the
  (3) OJ No L 73 , 27. 3 . 1972, p . 14 .                                       products in question in. the Member States
 ---pagebreak--- 12 . 10 . 73                      Official Journal -of the European Communities                             No L 285 /49
     concerned, the quota amount should be divided                   Economic Union any measure concerning the
     into two tranches, the first tranche being allo­                administration of the quota shares allocated to
     cated among the same Member States, the                         that economic union may be carried out by one
     second tranche constituting a reserve intended to               of its members ;
     cover the later requirements of those Member
     States which have used up their initial quota               Whereas, as regards in particular the new Member
    shares ; whereas in order to ensure a certain                States :
    degree of security to importers in each of those
    Member States, the first tranche of the quota                — the quota duties are to be calculated by the new
    should be fixed in this case at approximately                    Member States in accordance with Articles 3
     65 °/o ;                                                        and 4 of the Protocol ;
                                                                 — equal and continuous access to the quota should
— the initial quota shares may be used up at                         be ensured for all importers and quota duties
    different rates ; whereas, therefore, to avoid                   should be applied consistently to all imports of
    disruption of supplies, any Member State which                   the said products until the quota is used up,
    has almost used up its initial quota share must
    draw an additional quota share from the
    reserve ; whereas this must be done by each
    Member State as each one of its additional                   HAS ADOPTED THIS REGULATION :
    quota shares is almost used up, and as many
    times as the reserve allows ; whereas the initial
    and additional quota shares must be valid until
                                                                                        Article 1
    the end of the quota period ; whereas this form
    of administration requires close collaboration               A Community tariff quota of 542 metric tons is
    between the Member States concerned and the
                                                                 opened for the period from 1 November to 31
    Commission, and the Commission must be in a                  December 1973 in respect of other woven fabrics of
    position to follow the extent to which the quota             cotton falling within heading No 55.09 of the
    volume has been used up and inform the                       Common Customs Tariff originating in the Arab
    Member States thereof ;
                                                                 Republic of Egypt.
— if, at a given date in the quota period, a consid­             This quota shall be allocated and administered in
    erable quantity of the initial quota share is left           accordance with the provisions set out below.
    over in a Member State, it is essential that that
    State should return a significant proportion to              Provisions applicable to the Member States of the
    the reserve to prevent a part of the quota allo­
                                                                           Community as originally constituted
    cated to the Member States of the Community
    as originally constituted from remaining unused
     in one Member State while it could be used in
    others ;                                                                            Article 2
                                                                 The Common Customs Tariff duties are partially
— since the Kingdom of Belgium, the Kingdom of                   suspended at the rates indicated below in respect of
    the Netherlands and the Grand Duchy of Luxem­                417 metric tons of the quota referred to in Article
    bourg are jointly represented by the Benelux                 1 :
                   CCT
                                                                                                  Rate of
                  beading                          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                                7-1
                                   II . Other                                                       7-7
                                B. Other :
                                    I. Of a width of less than 85 cm                                7-7
                                   II . Other                                                       8-2
 ---pagebreak---   No L 285/50                        Official Journal of the European Communities                            12. 10. 73
                          Article 3                            unused portion exceeding 20 %> of the initial
                                                               amount. It may return a greater portion if there are
  1.   A first tranche of 272 metric tons of the                grounds for believing that it may not be used up.
 amount mentioned in Article 2 is allocated among
 those Member States ; the shares which, subject to
 Article 6, are valid until 31 December 1973 are as             Member States shall, not later than 10 December
 follows :                                                     1973 , notify to the Commission the total quantities
                                                               of the products in question imported up to and
         Germany                   42 metric tons              including 1 December 1973 and charged against the
         Benelux                   60 metric tons              Community tariff quota and any quantities returned
         France                    42 metric tons              to the reserve.
         Italy                    128 metric tons
 2.    The second tranche, amounting to 145 metric                                     Article 7
 tons, constitutes the reserve.
                                                               The Commission shall keep an account of the quota
                         Article 4                             shares opened by the Member States pursuant to
                                                               Articles 3 and 4 and shall, as soon as information
 1.    If 90 %> or more of a Member State's initial            reaches it, inform each State of the extent to which
 quota share as specified in Article 3 ( 1 ), or of that       the reserve has been used up.
 share minus the portion returned to the reserve
 where Article 6 is applied, has been used up, that            It shall, not later than 15 December 1973 , inform
 Member State shall without delay, by notifying the            the Member States of the amount still in reserve
 Commission, draw a second quota share, to the                 after returns have been made pursuant to Article 6.
 extent that the reserve is sufficient, equal to 15 °/o
 of its initial quota share, rounded up where neces­           It shall ensure that the drawing which uses up the
 sary to the next unit.                                        reserve is limited to the balance available and to
                                                               this end shall specify the amount thereof to the
 2. If, after its initial quota share has been used
                                                               Member State making the last drawing.
 up, 90 °/o or more of the second quota share drawn
 by a Member State has been used up, that Member
 State shall without delay, by notifying the Commis­
 sion, draw a third quota share, to the extent that                                    Article 8
the reserve is sufficient, equal to 7-5 % of its initial
 quota share, rounded up where necessary to the               Member States shall take all necessary measures to
 next unit .                                                  ensure that the additional shares taken up under
                                                              Article 4 are so drawn as to allow for uninterrupted
3 . If, after its second quota share has been used            charges against their accumulated shares of the
up, 90 %> or more of the third quota share drawn               Community quota .
by a Member State has also been used up, that
Member State shall , in accordance with paragraph 2,
 draw a fourth quota share equal to the third.                     Provisions applicable to the new Member States
This process is continued until the reserve is used
up .                                                                                   Article 9
4. Notwithstanding paragraphs 1 to 3 , a Member
State may draw quota shares lower than those fixed            A quantity of 125 metric tons of the quota referred
in those paragraphs if there are grounds for                  to in Article 1 is allocated among the new Member
believing that those fixed may not be used up. It             States as follows :
shall inform the Commission of its reasons for
applying this paragraph .                                              Denmark                   15 metric tons
                                                                      Ireland                     2 metric tons
                         Article 5
                                                                      United Kingdom           108 metric tons.
Additional quota shares drawn pursuant to Article
4 are valid until 31 December 1973 .
                                                                                      Article 10
                         Article 6
                                                              The new Member States shall apply quota duties
A Member State which on 1 December 1973 has                   which conform with the relevant provisions of the
not used up its initial quota share shall return to           Agreement of the Protocol and of the Act of Acces­
the reserve not later than 10 December 1973 the               sion .
 ---pagebreak--- 12 . 10 . 73                        Official Journal of the European Communities                      No L 285 /51
       Provisions applicable to all Member States                                    Article 12
                                                              Member States shall regularly inform the Commis­
                        Article 1 1
                                                              sion of imports of the said products originating in
1 . Member States shall ensure that the quota                 the Arab Republic of Egypt actually charged against
shares allocated to them are freely accessible to             their quota shares .
importers of the products in question established in
their territory.                                                                     Article 13
2.    Member States shall charge imports of the               Member States and the Commission shall colla­
products in question against their quota shares as            borate closely in order to ensure that this Regula­
the products are presented for customs clearance              tion is observed .
under declarations of entry for consumption .
                                                                                     Article 14
3.    The extent to which the Member States shares
have been used up shall be ascertained from the               This    Regulation   shall  enter into force  on   1
imports charged under paragraph 2.                            November 1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Bnussells , 11 October 1973 .
                                                                          For the Council
                                                                            The President
                                                                           I. NØRGAARD