CELEX: 51973PC0310
Language: en
Date: 1973-02-26
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for ether woven fabrics of cotton falling within heading 55.09 of the Common Customs Tariff, originating in the Republic of Lebanon (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 310
Vol. 1973/0049
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(73)310 final
                                                Brussels . 26 February 1973
                                  Proposal for a
                        REGULATION (EEC ) OF THE COUNCIL
            on the opening, allocation and administration of a
            Community tariff quota for ether woven fabrics of
            cotton falling within heading 55.09 of the Common
            Customs Tariff , originating in the Republic of Lebanon
                  ( submitted to the Council by the Commission )
  C0M(73 ) 310 final
 ---pagebreak---                                 Proposal for a
                    REGULATION ( EEC ) OP THE  COUNCIL
 on the opening, allocation and. administration of a Community tariff qroot a
for otiisr woven fabrics of cotton falling within heading 55-09 of the Co:amon
 Customs Tariff, originating in the Republic of Lebanon
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 ;
                      (1
Whereas the Agreement v   between the European Economic Community and the
                                        2
Republic of Lebanon and the Protocol ^ ' laying down certain provisions con­
cerning the Agreement between the European Economic Community and the
Republic of Lebanon in consequence of the accession of new Member States to
the European Economic Community , ' provide for the opening of an annual
Community tariff quota of 100 metric tons of other woven fabrics of cotton
falling within heading No 55*09 of the Common Customs Tariff, originating in
the Republic of Lebanon ;  whereas , if th© date of entry into force of the
Agreement should not fall at the beginning of the calendar year , the quota
should be opened prorata temporis ;    whereas under the Protocol the tariff
quota should be allocated among the Member States as follows :     JO metric tons
for the Community as originally constituted , 10 metric tons for Denmark,
10 metric tons for Ireland and 10 metric tons for the United Kingdom ;     whereas
Article 1 of Annex 1 to the Agreement provides that the duties applicable to
the quota shall be equal to 557^ of "the Common Customs Tariff duties ;   whereas
as regards the duties to be applied to the quota by the new Member States ,
                                                          1
the specific provisions of the Protocol and of the Act      ' concerning the
}K llJ OJ No
       OJ No
 ---pagebreak---                                      - 2 -
conditions of accession and the adjustments to the Treaties should be
observed ;  whereas a Community- tariff quota of 75 metric tons should be
opened in respect of the abovementioned products ; whereas to comply with
the special provisions of the Protocol , separate arrangements 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 hand ;
Whereas , as regards in particular the Community as originally constituted :
– equal and continuous access to the quota should be ensured for all importers
  and quota duties should be applied consistently to - all imports of the
  products in question until the    quota is used up ;
– in the light of the principles elicited above, the Community nature of the
  quota may best be preserved by an arrangement allocating it among the
  Member States ; whereas , in order to reflect most accurately the actual
  development of the market in the products in question the allocation should be
  proportionate to the requirements of the Member States , calculated
  both from statistics of each State 's imports from Lebanon over a represen­
  tative reference period and to the economic outlook for the quota period
  in question;
– during thie last three years for which statistics are available , the
  following percentages represent the imports of the Member States concerned
  in relation to imports from the Lebanese Republic into the' Community as
  originally constituted of the products in question :
 ---pagebreak---                                    - 3 -
                                            12&        1£Z2         1211
        Germany
        Bénélux
        Prance
        Italy                              100         100          100
                                         (» 14 t )   (= 9 t )     (= 8 t )
talcing into account these factors and the need to ensure , in the circum­
stances , a fair allocation among the Member States concerned of the quota
fixed under the Agreement under consideration, the . initial percentage
shares of that quota should he allocated approximately as follows : -
                       Gernany       20
                     ■ Bénélux       20
                       France        20
                       Italy         40
in order to take account of import trends for the products m question m
the Member States concerned ,, the quota amount should be divided into two
tranches , the first tranche being allocated among those Member States , and
the second forming a reserve intended to cover the later requirements of
the Member States which have used up their initial quota shares ;     whereas ,
in order to ensure a certain degree of security to importers in each Member
State , the first tranche of the quota should be fixed in this case at .
approximately 75%'
the initial quota shares of the Member States concerned may be used up at
different rates ;  whereas , therefore , to avoid any interruption in supply,
any Member State which has almost used up its initial quota share must
draw an rdditional quota share from the reserve ;    wherea,s this must' be
done by each Member State as and when each of its additional quota shares
 ---pagebreak---   is a .most v.sed up, and as many times as the reserve allows ; whereas the
  initial and additional quota shares must "be valid until the end of the
  quota period ;    whereas this method of administration calls for . close
  collaboration "between the Member States concerned and the Commission, which
  must , ' in particular, be able to observe the extent to which the quota amount
  is used up and inform Member States accordingly ;
- if, at 9, given date in the quota period , a considerable quantity of the
  initial quota share is left over' in a Member State concerned , that Member
  State must transfer a substantial proportion of it beck into the reserve to pi
  vent, part of the quota allocated to the Community as originally constituted
  from remaining - unused in one Member State when it could be used in others ;
- since the kingdom of Belgium the Kingdom of the Netherlands and the Grand
  Duchy of Luxembourg are jointly represented by the Benelux Economic Union,
  any measure concerning the administration of share granted to that Economic
  Union may be carried out by one of its members ;
Whereas , as regards in particular the new Member States :
– the quota duties shall be determined by the new Member States in accor­
  dance with Articles 3 and 4 of the abovementioned Protocol ;
– equal and continuous access to the quota should be., ensured for all importers
  and quota duties should be applied consistently to all imports of the
  products in question turbil the quota is used up ;                   ■ <
HAS ADOPTED THIS REGULATION :
                                    Article 1                  -       -   •
A Community tariff quota of 75 metric tons is opened within the European
Economic Community for the period t April to 31 December 1973 in respect of
other Woven fabrics of cotton, falling within heading Ho 55*09 of the Common
Customs Tariff, originating in the Lebanese Republic .    This quota shall be
allocated and administered in accordance with the provisions set out below :
     Provisions applicable to the Community as originally constituted
                                    Article 2
The Common Customs Tariff duties are partially suspended at the rates
indicated below in respect of 52»5 metric tons of the quota referred to in
Article 1 :
 ---pagebreak---   Common Customs                                                       Rate of
  Tariff heading                  Description of goods                  duty
         ITo                                                              1°
  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
                                      Article 3
1 .. A first tranche amotuiting to 39 metric tons of the amount specified in
     Article 2 , is allocated among the Ilember States ;  the shares which ,
     subject to Article 6 , are valid until 31 December 1973 , are as follows :
                           Germany        8 metric tons
                           Benelux        8 metric tons
       •                   France
                           Prance         0 metric tons
                         ■ Italy    :    15 metric tons
2    The second tranche , amounting to 13.5 metric tons , constitutes the :
     reserve .
 ---pagebreak---                            " ■" ' - ■■■ • -Article 4 ....
1.  If 90>o or more of a Member State 's initial quota-share as specified in
    Article . 2(1 , or. of that share minus the portion returned to the reserve
    inhere Article 6 is applied, has been used up, that Member State shall
    without delay, by notifying the Commission, draw a" second quota-share ,,
    to the extent that tlie reserve is sufficient , equal to 15% of its
    initial quota–share , rounded up where necessary to the next unit .
2.  If, after its initial quota-share has been used up, SOfo or more of the
    second quota-share drawn by a Member State have been used up, that Member
    State shall , by notifying the Commission, draw a third quota-share , to
    the extdnt that the -reserve is sufficient , equal to 7«5/o of its initial
    quota-share , rounded up where necessary to the next umt .
3 . If, after its second quotas-share has been used up, 90$ or more of the
    third quotes-share drawn by a Member State has been used up , that Member .
    State shall , in accordance with the provisions of paragraph 2 , draw a
    fourth quota-share equal to' the third .                  ' '
    This process is continued unt.il the reserve is used up .
4 * In derogation from paragraphs 1 to 3 , a Member State may draw quota–shares
    lower than those fixed in those paragraphs if there are grounds for
    believing that those fixed may not be used up .       It shall inform the
    Commission of its reasons for applying this paragraph .
                                          Article 5
Additional quota–shares drawn pursuant to Article 4 are valid until
31 December 1973 .
 ---pagebreak---                                       - 7.. -
                                    Article 6 -■
A Member State which on 15. September 1973 has not used up its initial quota-
share shall return to the reserve not later ■ than - 10 October 1973 the unused
portion exceeding 20^ of the initial amount . It may return a greater portion
if there are grounds for believing that it may not be used up .
Member States shall , not later than 10 October 1973 , notify to the Commission
the total quantities of the products in question imported up to and including
15 September 1973 and charged against the Community quota and any quantities
returned to the reserve .                              . .        '
                                    Article 7
The Commission shall keep an account of the quota-shares opened by the Member -
States p-irsuant to . Articles 3 and 4 and shall , as soon as information reaches -
it , inform each State of the extent to which the reserve has been used up .
It shall , not later than 15 October 1973 , inform the Member States of the
amount still in reserve after returns have been made pursuant to Article 6 »
It shall ensure that the drawing which uses up the reserve is limited to the
balance available and to this end shall' specify the amount thereof to the
Member State . making the last . drawing. , ,
                                    Article 8
1.   Member States shall take all measures necessary to ensure that the
     additional quota–shares taken up under Article 4 are so drawn as to
     allow for uninterrupted charges against their accumulated shares of the
     Community quota .
 ---pagebreak---                                     Article 9
1.  Member States shall " guarantee thai; importers of the products in question
    established in their territory have free access to the quota-shares
    allocated to them .
2.  Member States shall charge imports of the products in question against
    their quota share as the products are: presented for customs clearance
    under the declaration of entry for consumption .
3.  The extent to which a Member State has used up its quota-share shall be
    based on the imports charged in accordance with paragraph 3 .
                                                 /
                                   Article 10
Member States shall regularly inform , the Commission of imports originating in
the Lebanese Republic actually charged against their quota-shares .
                                   Article 11
Member States and the Commission shall collaborate closely . to ensure .that the
provisions of their Regulation are observed .
                     , •.          Article 12
A quantity of 22.5 metric tons of the quota referred to in Article 1 is
allocated among the new Member States as follows :
         Denmark          : 7*5 metric tons
         Ireland   '        7*5 metric t6ns
         United Kingdom : 7»5 metrio tons
                                   Article 13
The new Member States shall apply quota duties which conform with the
relevant provisions of the Agreement between the European Economic Community
and the Lebanese Republic, the Protocol laying down certain provisions con­
cerning that Agreement , and the Aot concerning the conditions of accession
and the adjustment to the Treaties .
 ---pagebreak---                                      -9-
                                  Article 14
Articles 9 » 10 and 11 of this Regulation apply to the new Member States .
                                  Article 15
This Regulation shall enter into force on the third day following its
publication in the Official .Journal of the European Communities - '"'
This Regulation shall "be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,                   19–               For the Council ,
                                                       The President