CELEX: 31972R2833
Language: en
Date: 1972-12-28 00:00:00
Title: Regulation (EEC) No 2833/72 of the Council of 28 December 1972 opening, allocating and providing for the administration of a Community tariff quota for cotton yarn, not put up for retail sale, and other woven fabrics of cotton falling within subheadings 55.05 and 55.09 of the Common Customs Tariff, coming from Turkey

Official Journal of the European Communities                                67
No L 298/40                  Official Journal of the European Communities                       31.12.72
                     REGULATION (EEC) No 2833/72 OF THE COUNCIL
                                           of 28 December 1972
           opening, allocating and providing for the administration of Community tariff
           quota for cotton yarn, not put up for retail sale, and other woven fabrics of
           cotton falling within subheadings 55.05 and 55.09 of the Common Customs
                                       Tariff, coming from Turkey
THE COUNCIL OF THE EUROPEAN COMMUNI­                    regard to the principles mentioned above, the
TIES,                                                   Community nature of the quotas can be
                                                        respected by allocating the Community tariff
Having regarc to the Treaty establishing the            quotas among the Member States; whereas , in
European Economic Community                and   in     order to reflect most accurately the actual
particular Article 113 thereof;                         development of the market in the product
                                                        concerned, such allocation shall be in propor­
Having regard to the proposal from the                  tion to the needs of the Member States, assessed
Commission;                                             by reference both to the statistics of each
Whereas under Article 1 of Annex No 2 of the            State's imports from Turkey over a representa­
Additional Protocol laying down the conditions,         tive period and to the economic outlook for the
procedures and timetables for implementing the          quota period concerned; whereas, in spite of the
transitional stage pursuant to Article 4 of the         little need for imports from Turkey of the
Agreement establishing an association between           imports concerned, as shown by the statistical
the Europear. Economic Community and                    data for the majority of the Member States,
Turkey, the Community must make, as from                the Community character of the tariff quotas
the entry into rorce of the said Protocol, a 75%        concerned should be safeguarded by making
reduction of the Common Customs Tariff                  provisions to cover needs which might arise
                                                        in the Member States;
duties, within the limit of annual Community
tariff quotas of 300 metric tons for cotton yarn,       Whereas, during the last three years for which
not put up for retail sale, falling within tariff       statistics are completely available, the cor­
subheading 55 05, and of 1000 metric tons for           responding imports by each of the Member
other woven fabrics of cotton falling within            States, coming from Turkey, have developed as
tariff subheading 55.09; whereas moreover it            indicated below;
seems necessary to lay down provisionally an
adjustment to the tariff benefits consisting of                                              (in metric tons)
the establishment, for the two Community
tariff quotas in question, of a zero quota duty                               1969     1970        1971
and of an increase in the quota volume from
300 metric tons to 500 metric tons for cotton
                                                        Cotton yarn
yarn, not put up for retail sale; whereas the              Germany            3 468   4 167       8 458
abovementioned      Protocol   enters   into  force
                                                           Benelux             —
                                                                                      2 071       4 626
on 1 January7 1973 and whereas the Community               France               281     244         242
tariff quotas should therefore be opened for
1973 under the conditions mentioned above;                 Italy                371   5 455       3 867
                                                         Other woven fabrics
Whereas it is in particular necessary to ensure to         of cotton
all Community importers equal and uninter­                                                          371
rupted access to the abovementioned quotas                 Germany              491     419
                                                           Benelux                      207          848
and uninterrupted application of the rate laid                                  —
down for those quotas to all imports of the                France               821     449         603
product concerned into all Member States until             Italy                 95   1 002          830
the quota has been used up; whereas, having
 ---pagebreak--- 68                            Official Journal of the European Communities
Whereas, in order to take into account import           seem possible to put forward clear percentages
trends for the products concerned in the                of how the two categories of products concerned
different Member States, the quota amounts              are allocated; whereas, taking account of these
should be divided into two instalments , the            factors , the quotas concerned should still be
first instalment being allocated among the              allocated, for the quota period in question,
Member States, and the second forming a                 according to the percentages indicated below:
reserve intended ultimately to cover the require­
ments of the Member States which have used                                Germany 42%
up their initial quota shares; whereas, in order                          Benelux          11%
to ensure a certain degree of security to im­                             France           35%
porters in each Member State, the first instal­                           Italy            12%
ment of the Community quota should be
determined at a level which, under present              Whereas if, at a specified date in the quota
circumstances, may be 80% of the quota                  period, a considerable balance remains in one
amount ;                                                or other Member State it is essential that that
Whereas the initial quota shares of the Member          Member State pays a percentage of it back into
States may be used up at different times;               the corresponding reserve, in order to avoid a
whereas , in order to take this fact into account       part of one or other of the Community quotas
and avoid any break in continuity, it is impor­         remaining unused in one Member State when it
tant that any Member State , having used up             could be used in others ;
almost the whole of one of its initial quota            Whereas, since the Kingdom of Belgium, the
shares should draw an additional quota share            Kingdom of the Netherlands and the Grand
from the corresponding reserve; whereas, this           Duchy of Luxembourg are united in and
must be done by each Member State as and                represented by the Benelux Economic Union,
when each of its additional quota shares is             all transactions concerning the administration
almost entirely used up, and repeated as many           of    shares granted       to     the    abovementioned
times as each of the reserves allows ; whereas          Economic Union may be carried out by any one
each of the initial and additional quota shares         of its members ;
must be available for use until the end of the
quota period; whereas this method of adminis­           Whereas, since the tariff quotas concerned are
tration calls for close cooperation between             to be valid until 31 December 1973 , the system
Member States and the Commission, which                 thus laid down may be modified in order to
must, in particular, be able to observe the extent      take account of the accession of new Member
to which the quota amount is used and inform            States ,
Member States thereof;
Whereas these data indicate that imports of
                                                        HAS ADOPTED THIS REGULATION :
those products are rather irregular and whereas,
as a result, the calculation of the percentages
which they represent in relation to the imports
into the Community of the same products                                        Article 1
coming from Turkey would not be meaningful;
whereas moreover it was not possible to collect,        As from 1 January 1973 and until 31 December
for all the Member States, data relating to             1973 , the Common Customs Tariff duties in
imports of the products concerned, in particular        respect of the products, a list of which follows,
from Turkey, for the start of 1972; whereas it is       coming from Turkey, shall be totally suspended
therefore not possible to correct this estimate         within the framework of overall Community
in the light of more recent experience;                 tariff quotas indicated in respect of each of
                                                        them :
Whereas the estimation of imports into each of
the Member States, for the quota period
envisaged, proves difficult as a result of the                                                            Quota
considerable variations which have occurred                 CCT             Description of goods         volumes
                                                         heading No                                     (in metric
during the previous years; whereas the fore­                                                               tons)
seeable import figures submitted by the Member
States take into account this situation given              55.05    Cotton yarn, not put up for
that, as a whole, they imply an overall estimate                      retail sale                            500
of the situation, i.e. they cover both the products
falling under subheading 55.05 and subheading              55.09    Other woven fabrics of cotton         1 000
55.09; whereas, in this situation, it does not yet
 ---pagebreak---                                Official Journal of the European Communities                                   69
                       Article 2                             This process shall be applied until the reserve is
                                                             exhausted .
1.     The quotas laid down in Article 1 shall be            4.     Notwithstanding the provisions of para­
divided into two instalments .
                                                             graphs 1 , 2 and 3 , the Member States may
2.     The first instalment of each quota shall be           proceed to draw shares smaller than those
shared among :he Member States; the propor­                  fixed in those paragraphs, if there is reason to
tions which, subject to Article 5 , shall be valid           believe that those shares might not be used up.
until 31 December 1973 , shall consist of the                They shall inform the Commission of the
following amounts:                                           reasons which led them to apply this paragraph.
                                             (m metric tons)
                                    CCT heading No
                                                                                  Article 4
                                 55.05           55.09       Each of the additional shares drawn pursuant to
                                                             Article 3 shall be valid until 31 December 1973 .
Germany                           168             336
Benelux                             44              88
                                                                                  Article 5
France                            140             280        If, by 15 September 1973 , a Member State has
Italy                               48              96
                                                             not used up one or other of its initial shares, it
                                                             shall, not later than 10 October 1973, return to
                     Total        400             800        the reserve the unused portion of this share in
                                                             excess of 20% of the initial amount. It may
                                                             return a larger quantity if there are reasons to
                                                             consider that such quantity might not be used.
3.     The second instalment of each quota, i.e.             The Member States shall, not later than
100 metric tons and 200 metric tons respectively,            10 October 1973 , notify the Commission of the
shall make up the reserve.
                                                             total imports of the product concerned effected
                                                             up to 15 September 1973 inclusive, and charged
                       Article 3
                                                             against the Community quotas and, where
                                                             appropriate, the proportion of each of their
                                                             initial shares that is being returned to each of
1.     If 90% o_ more of the initial share of a              the reserves .
Member State, as laid down in Article 2 (1),
or 90% of that share less the amount returned                                     Article 6
into the corresponding reserve, where the
provisions of Article 5 have been applied, has               The Commission shall keep account of the
been exhausted, that Member State shall
                                                             shares opened by Member States in accordance
proceed without delay, by notifying the Com­                 with Articles 2 and 3 and shall inform each of
mission, to draw a second share equal to 15%                 them of the extent to which the reserves have
of its initial share, rounded up to the next unit            been used as soon as it receives the notifications .
where appropriate, to the extent that the                    The     Commission      shall,  not   later    than
amount in the reserve allows .
                                                             15 October 1973 , notify Member States of the
2.     If, after cne or other of its initial shares          state of each of the reserves after the return of
has been exhausted, 90% or more of the second                shares pursuant to Article 5.
share drawn by a Member State has been used,                 The Commission shall ensure that any drawing
that Member State shall proceed without delay,               which uses up the reserve is limited to the
by notifying the Commission, to draw a third                 balance available and, for this purpose, shall
share equal to 7-5% of its initial share, rounded            specify the amount thereof to the Member
up to the next unit where appropriate, to the                State which makes the final drawing.
extent that the amount in the reserve allows .
3.     If, after o_ie or other of the second shares
has been exhausted, 90% or more of the third                                      Article 7
share drawn by a Member State has been used,
that Member State shall proceed, pursuant to                 1.     The Member States shall take all measures
the provisions of paragraph 2, to draw a fourth              necessary to ensure that, when additional
share equal to "he third.                                    shares are drawn pursuant to Article 3, it is
 ---pagebreak--- 70                          Official Journal of the European Communities
possible for charges to be made without inter­        at regular intervals of the imports of the
ruption against their accumulated shares of the       products concerned actually charged against
Community quota .                                     their shares .
2.     The Member States shall take all measures
necessary to guarantee to importers of the                                Article 9
products concerned established in their territory
free access to the share allocated to them.           The Member States and the Commission shall
3.     The Member States shall charge imports         cooperate closely in order to ensure that the
of the product concerned against their shares         provisions of this Regulation are observed.
in so far as the product has been presented for
Customs clearance under cover of declarations
that it has been made available for consump­                              Article 10
tion .
4.     The extent to which the Member States '        The aforegoing provisions may be modified in
shares have been used up shall be recorded on         order to take account of the situation arising
                                                      from the accession of new Member States .
the basis of the imports charged in the con­
ditions laid down in paragraph 3 .
                                                                          Article 11
                    Article 8
                                                      This Regulation shall enter into force on
Member States shall inform the Commission             1 January 1973 .
           This Regulation shall be binding in its entirety and directly applicable in all
           Member States .
           Done at Brussels, 28 December 1972.
                                                                     For the Council
                                                                       The President
                                                                     T. WESTERTERP