CELEX: 31973R1250
Language: en
Date: 1973-05-14 00:00:00
Title: Regulation (EEC) No 1250/73 of the Council of 14 May 1973 on the opening, allocation and administration of a Community tariff quota for certain textile fibres falling within heading No 56.04 of the Common Customs Tariff, originating in the Republic of Cyprus

21.5.73                               Official Journal of the European Communities                          No L 133 / 105
                                 REGULATION (EEC) No 1250/73 OF THE COUNCIL
                                                         of 14 May 1973
                on the opening, allocation and administration of a Community tariff quota for certain
                textile fibres falling within heading No 56.04 of the Common Customs Tariff,
                                              originating in the Republic of Cyprus
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                          hand and for the new Member States on the other
                                                                    hand ;
 Having regard to the Treaty establishing the
 European Economic Community and in particular
 Article 113 thereof:                                               Whereas, as regards in particular the Community as
                                                                    originally constituted :
Having regard to the proposal from the Commission ;
                                                                    — equal and continuous access to the quota should
                                                                        be ensured for all importers and quota duties
                                                                        should be applied consistently to all imports of
Whereas the Agreement ( 1 ) establishing an                             the goods in question until the quota is used up ;
Association between the European Economic
 Community and the Republic of Cyprus, hereinafter
 called the Agreement, and the Protocol (2) laying                  — in the light of the principles elicited above, the
down certain provisions concerning that Agreement                       Community nature of the quota may best be
as a result of the Accession of new Member States to                    preserved by an arrangement allocating it among
 the European Economic Community, hereinafter                           the Member States ; whereas in order to reflect
 called the Protocol, provide for the opening of an                     most accurately the actual development of the
annual Community tariff quota of 100 metric tons of                     market in the said goods , such allocation should
man-made fibres (discontinuous or waste), carded ,                      be proportionate to the requirements of the
combed or otherwise prepared for spinning, falling                      Member States, calculated both from statistics of
within heading No 56.04 of the Common Customs                           each State's imports of the said products
Tariff, originating in Cyprus ; whereas, pursuant to                    originating in the Republic of Cyprus over a
the joint declaration in Article 2 of the Protocol the                 representative reference period and from the
tariff quota should be allocated among the Member                       economic outlook for the quota period
States as follows : 70 tons for the Community as                       concerned ;
originally constituted and 30 tons for the new
Member States ; whereas Annex 1 to the Agreement
provides that the duties applicable to the quota shall              — however, in view of the fact that during the last
be equal to 30 % of the Common Customs Tariff                           three years no such products originating in Cyprus
duties ; whereas as regards the duties applicable to                   have been imported and no forecast can be made
goods within the limits of the quota by the new                         for 1973 , an initial share percentage of 25 %
Member States, the special provisions of the Protocol                  allocated to each of the Member States concerned
and of the Act of Accession (3) should be observed ;                   would ensure a fair distribution among them ;
whereas a Community tariff quota of 100 metric tons
should be opened in respect of the abovementioned
products ; whereas to comply with the special                      — in order to take account of import trends of the
provisions of the Protocol , separate arrangements                     said goods in the Member States concerned, the
should be made for the Member States of the                            quota amount should be divided into two parts,
Community as originally constituted on the one
                                                                       the first part 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
                                                                       share of the quota ; whereas, in order to ensure a
0 ) See p. 2 of this Official Journal.                                 certain degreee of security to importers in each
(2) See p. 88 of this Official Journal.                                Member State, the first part of the quota should
(s ) OJ No L 73, 27. 3 . 1972, p. 14.                                  be fixed, in this case, at approximately 75 % ;
 ---pagebreak--- No L 133 / 106                         Official Journal of the European Communities                                21.5.73
— the initial share of the quota of the Member                    HAS ADOPTED THIS REGULATION :
    States concerned may be used up at different
    rates ; whereas, in order to take this into account                                      Article 1
    and to avoid any break in continuity, a Member
    State which has almost used up its initial share of
    the quota should draw an additional share from                A Community tariff quota of 100 metric tons is
    the reserve ; whereas this must be done by each               opened within the Community for the period 1
    Member State as each of its additional shares of              June to 31 December 1973 in respect of man-made
    the quota is almost used up, and repeated as                  fibres ( discontinuous or waste), carded, combed or
    many times as the reserve allows ; whereas the                otherwise prepared for spinning, falling within
    initial and additional shares of the quota must be            heading No 56.04 of the Common Customs Tariff,
    valid until the end of the quota period ; whereas             originating in Cyprus . This quota shall be allocated
    this method of administration calls for close                 and administered in accordance with the following
    cooperation between Member States and the                     provisions .
    Commission, which must, in particular, be able to
    observe the extent to which the quota amount is
    used and inform Member States thereof;                         Provisions applicable to the Community as originally
                                                                                            constituted
— if, at a specified date in the quota period , a
    considerable quantity of the initial share of the                                        Article 2
    quota is left over in a Member State, that
    Member State must transfer a significant portion              The Common Customs Tariff duties are partially
    of it back into the reserve, to prevent part of the
                                                                  suspended at the rates indicated below in respect of
    quota allocated to the Community as originally
    constituted from remaining unused in one                      70 metric tons of the quota referred to in Article 1 :
    Member State when it could be used in others ;
                                                                        CCT                                        Rate of
                                                                      heading                Description            duty
— since the Kingdom of Belgium, the Kingdom of                          No                                           %
    the Netherlands and the Grand Duchy of
    Luxembourg are united in and jointly represented
    by the Benelux Economic Union , any measures                       56.04      Man-made fibres (discon­
                                                                                  tinuous or waste), carded,
    concerning the administration of shares granted                               combed or otherwise pre­
    to that Economic Union may be carried out by                                  pared for spinning:
    any one of its members ;                                                      A. Produced by polymeri­
                                                                                       zation or condensation
                                                                                       of organic monomers          2-5
Whereas as regards in particular the new Member                                   B. Produced by chemical
States :                                                                               transformation of natu­
                                                                                       ral organic polymers         3-0
— pursuant to the Protocol , a gross amount of 30
    metric tons is allocated to the new Member
     States ; whereas, for the purposes of the allocation
    of this amount among them, the past and                                                  Article 3
    foreseeable situations are comparable to those
    facing the Member States of the Community as                  1.     A first part amounting to 52 metric tons of the
     originally constituted ; whereas, therefore, the              amount specified in Article 2 is allocated among the
    quota should also be allocated among the new                  Member States ; the shares which, subject to Article 6,
    Member States in equal shares ;                                are valid until 31 December 1973 are as follows :
                                                                                  Benelux                13 tons
    the quota duties are to be calculated by the new
    Member States in accordance in particular with                                Germany                13 tons
    Articles 3 , 4, 5 , 6 and 7 of the Protocol ;
                                                                                  France                 13 tons
    equal and continuous access to the quota should                                Italy                 13 tons .
    be ensured for all importers and quota duties
    should be applied consistently to all imports of              2.     The second part, amounting to 18 metric tons,
    the said goods until the quota is used up ;                   constitutes the reserve .
 ---pagebreak---   21.5 . 73                          Official Journal of the European Communities                          No L 133 / 107
                          Article 4                                                      Article 7
 1.     If 90 %    or more of the initial share of a            The Commission shall keep account of the shares
 Member State laid down in Article 3 ( 1 ), or 90 % of          opened by Member States in accordance with Articles
 that share less the amount returned into the reserve           3 and 4 and shall inform each State of the extent to
 where the provisions of Article 6 have been applied,           which the reserve has been used up as soon as it
 has been exhausted, that Member State shall proceed            receives the notifications .
 without delay, by notifying the Commission, to draw
 a second share, equal to 15 % of its initial share,            The Commission shall, not later than 15 October
 rounded up to the next unit where appropriate, to               1973 , notify the Member States of the amount still in
 the extent that the reserve is sufficient.                      reserve after the return of shares pursuant to
                                                                 Article 6 .
2.     If, after its initial share has been exhausted,          The Commission shall ensure that any drawing
 90 % or more of the second share drawn up by a                 which uses up the reserve is limited to the balance
 Member State has been used , that Member State shall           available and for this purpose shall specify the
 proceed without delay, by notifying the Commission,            amount thereof to the Member State which makes
 to draw a third share, equal to 7-5 % of its initial           the last drawing.
 share, rounded up to the next unit where
 appropriate, to the extent that the reserve is
 sufficient.                                                                             Article 8
3.     If, after its second share has been exhausted,           The Member States shall take all appropriate
90 % or more of the third share drawn by a Member               measures to ensure that when additional shares are
 State has been used, that Member State shall proceed,          drawn pursuant to Article 4, it is possible for charges
 pursuant to the provisions of paragraph 2, to draw a           to be made without interruption against their
fourth share equal to the third .                               accumulated shares of the Community quota .
 This process shall be applied until the reserve is
exhausted .                                                                             Article 9
 4.    Notwithstanding paragraphs 1 , 2 and 3 , the             1.     Member States shall guarantee to importers of
 Member States may proceed to draw shares smaller               the said goods established in their territory free access
than those fixed in those paragraphs if there is reason         to the share allocated to them .
 to believe that those shares might not be used up .
They shall inform the Commission of the reasons                2.      Member States shall charge imports of the said
 which led them to apply this paragraph.                        goods against their shares accordingly as the goods
                                                                are presented for customs clearance under cover of
                          Article 5                             declarations that they have been made available for
                                                               consumption .
The additional shares drawn pursuant to Article 4               3.     The extent to which the Member States ' shares
shall be valid until 31 December 1973 .
                                                               have been used up shall be recorded on the basis of
                                                                the imports charged in the conditions laid down in
                          Article 6                             paragraph 2 .
If, by 15 September 1973 , a Member State has not                                       Article 10
used up its initial share, it shall not later than 10
October      1973   return to the reserve the unused           Member States shall        inform the    Commission     at
portion of this share in excess of 20 % of the inital          regular intervals of imports of the said products
amount. It may return a larger quantity if there are           originating in the Republic of Cyprus actually
reasons to consider that such quantity might not be            charged against their shares .
used .
The Member States shall, not later than 10 October
1973 , notify to the Commission of the total imports                                    Article 11
of the said goods effected up to and including 15
September 1973 , and charged against the Community             Member States and the Commission shall cooperate
quota and, where appropriate, the proportion of their          closely in order to ensure that the provisions of this
initial share that is being returned to the reserve.           Regulation are observed .
 ---pagebreak--- No L 133 / 108                    Official Journal of the European Communities                              21.5.73
   Provisions applicable to the new Member States                     Denmark                  10 metric tons
                                                                      Ireland                 10 metric tons
                      Article 12
                                                                      United Kingdom           10 metric tons.
The new Member States shall apply duties applicable
to goods within the limits of the quota which                                       Article 14
conform with the relevant provisions of the
Agreement of the Protocol and of the Act of                  Articles 9 , 10 and 11 shall apply to the new Member
Accession .                                                  States .
                      Article 13                                                    Article 15
A total amount of 30 metric tons of the quota                This Regulation shall enter into force on the third
referred to in Article 1 is allocated among the new          day following its publication in the Official Journal
Member States as follows :                                   of the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 14 May 1973 .
                                                                                   For the Council
                                                                                    The President
                                                                                 R. VAN ELSLANDE