CELEX: 31974R1534
Language: en
Date: 1974-06-17 00:00:00
Title: Regulation (EEC) No 1534/74 of the Council of 17 June 1974 on the opening, allocation and administration of a Community tariff quota for polypropylene falling within subheading 39.02 C IV of the Common Customs Tariff

21 . 6. 74                         Official Journal of the European Communities                               No L 166/5
                             REGULATION (EEC) No 1534/74 OF THE COUNCIL
                                                   of 17 June 1974
              on the opening, allocation and administration of a Community tariff quota for
              polypropylene falling within subheading 39.02 C IV of the Common Customs
                                                        Tariff
THE COUNCIL OF THE EUROPEAN                                                               Article 2
COMMUNITIES,
                                                                1.    A first tranche of 2 500 metric tons of the
Having regard to the Treaty establishing the European          Community tariff quota set out in Article 1 shall be
Economic Community, and in particular Article 28               allocated among Member States as follows :
thereof ;
                                                                         Ireland                 2 490 metric tons
Whereas there is at present in the Community a short­                    Germany                      1 metric ton
age of polypropylene falling under subheading 39.02                      Benelux                     3  metric tons
C IV of the Common Customs Tariff ;                                      Denmark                     2  metric tons
                                                                         France                       1 metric ton
                                                                         Italy                        1 metric ton
Whereas in order to facilitate the adaptation of under­                  United Kingdom              2 metric tons
takings and to permit their supplies, in the most
urgent cases, of the products in question under the
most favourable conditions, there are grounds for              2.     The second tranche amounting to a quantity of
opening a zero-duty Community tariff quota of 3 500             1 000 metric tons shall constitute the reserve .
metric tons corresponding to the requirements which
cannot be met out of Community production ;
Whereas equal and continuous access to the quota                                          Article 3
should be ensured for all Community importers ;
whereas, however, in view of the particularly critical          1.    If 90 % or more of the Member State s initial
nature of the supply situation in certain undertakings,        share, minus — where Article 5 is applied — the
a predominant share of the quota in question should            portion returned to the reserve, has been used up, the
be provided for Ireland, the participation of the other        Member State shall , by notifying the Commission,
Member States in the operation of the quota being              draw without delay a second share equal to 10 % of
assured by the provision of less substantial initial           the initial share, rounded up where necessary to the
shares and by the provision of a reserve adequate for          next unit, to the extent permitted by the amount of
this purpose,                                                  the reserve .
                                                               2.     If after its initial share has been used up, 90 %
                                                               or more of the second share drawn by a Member State
HAS ADOPTED THIS REGULATION :                                  has been used up, the Member State shall, in the same
                                                               way, draw a third share equal to 5 % of its initial
                                                               share .
                        A rticle 1
                                                               3.     If, after its second share has been used up, 90 %
 1.   During the period 1 July to 31 December 1974,            or more of the third share drawn by a Member State
a Community tariff quota of 3 500 metric tons shall            has been used up, the Member State shall, in the same
be opened in the Community for polypropylene                   way, draw a fourth share equal to the third .
falling within subheading 39.02 C IV of the Common
Customs Tariff.                                               This process shall continue to apply until the reserve
                                                               is used up.
2. Within this tariff quota, the Common Customs
Tariff duties shall be totally suspended.                     4.     Notwithstanding paragraphs 1 , 2 and 3, a
                                                               Member State may draw shares lower than those speci­
3. Within this tariff quota, the new Member States             fied therein if there are grounds for believing that the
shall apply duties calculated in accordance with the           latter may not be used up . It shall inform the Commis­
relevant provisions of the Act of Accession .                 sion of its reasons for applying this paragraph .
 ---pagebreak--- No L 166/ 6                         Official Journal of the European Communities                            21 . 6 . 74
                        Article 4                                                     Article 7
Additional shares drawn pursuant to Article 3 shall be         1.   The Member States shall take all appropriate
valid until 31 December 1974.                                  measures   to  ensure   that additional shares    drawn
                                                               pursuant to Article 3, are opened in such a way that
                        Article 5                             charges may be made without interruption against
                                                              their accumulated share of the Community quota.
A Member State which on 15 September 1974 has not
used up its initial share shall return to the reserve, not    2. The Member States shall ensure that importers
later than 10 October 1974, the unused portion                of the said goods established in their territory have
exceeding 20 % of the initial account. It may return a        free access to the share allocated to them .
greater portion if there are grounds for believing that
it may not be used up.                                        3 . The Member States shall charge imports of the
                                                              said goods against their share as and when the goods
Member States shall, not later than 10 October 1974,          are entered with the customs authorities for home use .
notify the Commission of the total quantities of the
said goods imported up to and including 15                    4.    The extent to which a Member State has used up
                                                              its share shall be determined on the basis of the
September 1974 and charged against the Community
tariff quota and of any quantities of the initial share       imports charged in accordance with paragraph 3 .
returned to the reserve .
                                                                                      Article 8
                        Article 6
                                                              Member States shall regularly inform the Commission
The Commission shall keep an account of the shares            of imports actually charged against their shares.
opened by the Member States pursuant to Articles 2
and 3 and shall , as soon as it has been notified, inform                             Article 9
each State of the extent to which the reserve has been
used up.                                                      The Member States and the Commission shall coop­
It shall inform the Member States , not later than 15
                                                              erate closely to ensure that this Regulation is
                                                              observed .
October 1974, of the amount still in reserve after the
return of shares, pursuant to Article 5.
                                                                                     Article 10 '
The Commission shall ensure that any drawing which
uses up the reserve is limited to the balance available       This Regulation shall enter into force on the third day
and for this purpose shall specify the amount thereof         following its publication in the Official Journal of
to the Member State which makes the last drawing.              the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Luxembourg, 17 June 1974.
                                                                          For the Council
                                                                            The President
                                                                               ]. ERTL