CELEX: 51975PC0367
Language: en
Date: 1975-07-15
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the 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 Spain (1976)#Proposal for a REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for certain petroleum products falling within Chapter 27 of the Common Customs Tariff, refined in Spain (1976) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 367
Vol. 1975/0148
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 ---pagebreak---          COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(75)367 final .
                                                            Brussels , 15 July 1975
                                        Proposal for a
                                REGULATION ( EEC ) OF TOE COUNCIL
              opening , allocating and providing for the 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 Spain
                                           ( 1976 )
                                        Proposal for a
                               REGULATION ( EEC ) OF THE COUNCIL
             opening, allocating and providing for the administration of
             a Community tariff quota for certain petroleum products fal­
             ling within Chapter 27 of the Common Customs Tariff , refined
                                     I    in Spain
                                           ( 1976 )
                       ( submitted to the Council by the Commission )
                 1
C0M(75 ) 367 final
 ---pagebreak---                                    •.F.XPT .A >r*. TOTTY" irn'OWOTM'
   •.. Article 2 of the Anycement at present In. force. between- the- European-
        Economic Community
       cmd Spain , road x;ith Articles 2 ,                  a"d 4 ?f Annex I thereto , provides
       for iha opening of ComnuniS;y tariff quotac for the importation into
      the Ccirjiunity of tho following producta , originating in Spain , at
      "the q-uota duties opooifiod bolow :
                                                                                             r
        CCT HcncLing I.'c | ^ Proûuct                     î
                                                              Annual Voluno i
                                                                          :–
                                                                                 Quota 3>aty I
                                                                                             -m
        Chapter Z'(        . Certain pctrolouir; 1 200 000 ΐ )
                          J prconcis                                      )     4C$ of "tho
                          f
           55*09         j Othcr oot-fcon                 ! : i 800 ^           CCT dntiea
                                                                            I
                         í fabrico
                                 _
                                              ,         I\
                                                        ,
                                                                :         ) l
                                                                                             u
                                                                                                i
   Xa July 197^, tho Community opened negotiations with Spain with a
   view to concluding, by 1 January 197^, a now Agreement to replace
   tho 1970 Agreement . However, in view of the present state of. thcr.e                          ..
  negotiations , it is by no means certain that the Agreement could
 ... . . int° forCe on 1 January 197£ but rather on a later <iato wiiioh
      ' '• l'"sT1   '"^fun tto flret half of 197<5".
In View of the foregoing, the Commission believes that the possible
necessity should be provided for of opening tariff quotas , for 1976, under the
carrent Agreement , in favour of Spain .. Consequently , the relevant
 ariff quotas should be opened by 1 January 1976^ and therefore approved
by the Counci l beforo • •                      .- 107/r                '
 ---pagebreak---                                 '          "              <»• t - s-: noK,;i"nle .Mtry i , o force of ,%                     A'T^wri !. i v i ., ivro.i.x-tcd
                                •. i r » î    i. > • »      ■
 ;                    .  .               • "         ■                    iui-i;- o£ 1 luise Comi ,mi d i. >.• ì..viff « mohw ; Po »-              m3.tv
 !               1976 ;-.                                      ....            .       ,,
 I                         i                    1 1 ' '* "                      o.-r         - le -* A;- Toor.K»u'Ì. •
   .
i                            Ll                               <v?       Pfooosals annoxed horoto#
                                           - i»"C 'Kto.fOf;,..,. •                   j.o/on imi iCiij aiel./ lh« nivcftrin r*H for opening
                                                       tariff quotas .
            1                                                                                                                                              *
         tt j-uc ..e^ulationG provide , in tho v»cual vrsy, for the splitting up of
                 w.o i,ru'ifi volvvm&3 into two partu , of which tho firot v;ill bo                                                                        '
                t>l1cc. itod o.ion^ tho I'cnoor States as miota nharcss and tho nooond
               Kili lio kept aa & rcocrvc .
         • J'iO ...llocation cf tho firot part of each <juota han been \uidortakcn
               ivccoxdi^ 1.0 tho ruloa fjanorally appliod hitliorto* Tho tot.il .                                                              Vv s ■.
               xri,porto of each Ik-.mocr Stato for " ■ "Z «•> 1974-                                                   liavo boon
              e^p^ociRod an a proportion of total Coionrunity importa ovor tho ccuao                                                        ''
              poi loci. xu<i rorulvin^ pcrccntac'oa havo boen applicd Stato: by Stato
              co tho volwuo of tho firot prjrb 9 tho laot dif;it of tho nuribor of
            Kotrio tone beiivs roiu*«dcd off#                                              1
     ^      f,V                                         j                                '                                              -      .
            -.no propoocu ne^alavion on othor cotton fabrioa providocj for a ■
       . . 8*»glo . uothod of a&.dnictratioh , to bo applied by all Kciibor States , ,
            rarcoly tho "run and whon " method.
           \T     ...           ..."                                                                                                         1
                 ,/ovor ìt, i.j civ' proiiCiit iisponniblo to provklo for a niirclo «othod
                   aaj.,i 0r.t„ion ("'an mid . when" or advanco allocation) of tho q^int >' ■
           j.0i certain pcLrolcu:,-. products. . Tho rulon covomin& tho markot in
          Xi\Gno proouo m vary from c-no Member Stata to another, with tho offcct
           "ha* «,uj                                   Statoa rof^.rd tho application of a r.in^lo method of..' ; :
          «-d».iir.j, aiio<i at» ij-.ponoiblo . In contrast to gcworal practice ,                                                                . ' .        s
          wiCiCxOic , Cov-ii, Koaocr Stato will bo empowered to adninir.tcr ito                                                                               !
         c».n Wìo oi uho quota acoording to ita ovm rulcs , vhilc on;.uri»2                                                                                   '
              lu,C                                        of tho relevant products havo froo aocor.Q to
        tho quota.                                                                                                •                                       '   }
                   '»c."b0r States experts v;ho participated in the conrsnltative meeting of the .                                                            I
           '-cononic Tariff Problnmn" Oroup (l4/l3 April 1975 ) expressed a^ro^ment in principle
                        ^chem - for allocation of shares proposed by the Commiosion in the framework
       of the regulations annexed *
  3. If the case should arise that tho negotiation* with Spain moult in anew A^ccment
                   R nto effect on 1 January 107^>, the Commission would present new proposals .
 ---pagebreak---                                                                                                 ANÎTEX A
                                                  Proposai
                               REGULATION (EEC) No . . . /75OF THE COUNCIL
                                                 of
                  opening, allocating and providing for the 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 Spain
                                                          ( 1976 )
 THE COUNCIL OF THE FA'ROI'KAN COMMUNITIES,                     to the abovementioned quota and uninterrupted
                                                                application of the rate laid down for that quota to
                                                                all imports of the product concerned into all Member
 Having regard to the Treaty establishing the European          States until the quota has been used up ; whereas,
 Economic Community and in particular Article 113               having regard to the principles mentioned above, the
 thereof;                                                       Community nature of the quota can be respected
                                                                by allocating the Community tariff quota among the
                                                                Member States ; whereas, to represent as closely as
 Having regard to the proposal from the Commission ;           .possible the actual trend of the market in the products
                                                                in question, the allocation should follow propor­
                                                                tionately the requirements of the Member States
Whereas the Agreement between the European                      calculated from both statistics of imports from Spain
 Economic Community and Spain, signed at Luxem­                 during a representative period and the economic
 bourg 011 2V June 1970, provides in Article 2 ( I ),           outlook for the tariff period in question ;
together with Article 4 of Annex I, for the opening
by the Community of an annual Community tariff
quota of I 800 metric tons of other woven fabrics               Whereas, during the last three years for which
of cotton falling within heading No 55.09 of the                statistics are available, the corresponding imports by
Common Customs Tariff, originating in Spain ;                   each of the Member States represent the following
whereas, pursuant to Article 2 of the said Annex,               percentages of the imports into the Community from
the quota duty is equal to 40% of the Common                    Spain of the products concerned :
Customs Tariff duty in respect of the product
concerned ; whereas the Community tariff quota
contains quota duties of 5-2% , 5-6% , 5-6% and 6%                                            1971 1   197.1
                                                                                                                 1974
for the products failing within subheadings 55.09 A I,
A II , 11 I and B II ;                                          Cicrniany                      <>•4     2-4
                                                                Bénélux                        2-8      9-8      21,8
Whereas the Community tariff quma in question                   France                        78-0     47-1      67,2
should be opened for the year 197^; and whereas, -
however, because of the possibility of implementing             Italy                      ■   12-8    40-7       6,8
other preferential arrangements as a result of a new
Agreement between the European Economic
Community and Spain, it is necessary to limit the
quota period to the date on which the new Agree­
ment enters into force;                                         Whereas, in view of these factors of the foreseeable
                                                                development of the market for the products in
                                                                question and in particular of the estimates submitted
Whereas it is in particular necessary to ensure to all          by certain Member States, initial quota shares may
Community importers equal and uninterrupted access              be fixed approximately at the following percentages:
 ---pagebreak---                                                                                                         ANNFX A
         Gcrmany                                       6   ■              to which the quota volume has been used up and
         Bénélux                                       6                  inform the Member States thereof;
         France                                      68                   Whereas if, at a given date in the quota period, a
         Italy                                       20                   considerable quantity of the initial share is left over
                                                                          in a Member State, it is essential that each State
                                                                          should return a significant proportion to the reserve
 Whereas, to take account of future import trends in                      to prevent a part of the Community quota from
 the various Member Stares of the product under                           remaining unused in one Member State when it
                                                                          could be used in others ;
 consideration , the total quota volume should be
 divided into two tranches, the first being shared                        Whereas since the Kingdom of Belgium, the Kingdom
 among ( he Member States and the second held as a                        of the Netherlands and the Grand Duchy of Luxem­
 reserve to cover at a later date the requirements of                     bourg are jointly represented by the Benelux
 those Member States         having used up their initial                 Economic Union any measure concerning the
 share; whereas to give     Member State importers some                   administration     of  the   shares    allocated to that
 certainty, the first of    the Community quota might                     Economic Union may be carried out by any one of
 be fixed at 75% of the     quota volume ;                                its members,
 Whereas the initial shares of Member States may                           HAS ADOl'TED THIS REGULATION :
 be used up more or less quickly ; whereas, therefore,
 to avoid disruption of supplies any Member State                                                  Article 1
which has almost used up its initial share must draw
 a supplementary share from the reserve ; whereas this                    From 1 January 197o until the date of entry into
 must be done by each Member State as each one of                          force of a new Agreement between the European
its supplementary shares is almost used up, and as                         Economic Community and Spain but not later than
many times as the reserve allows ; whereas the initial                     31 December 1976", the Common Customs Tariff
and supplementary shares must be valid until the                           duties in respect of the products originating in Spain
end of the quota period ; whereas this form of admin­                     and listed below shall be partially suspended at the
istration requires close collaboration between the                         levels indicated for each of them within the limits
Member States and the Commission , and the Com­                            of a global Community tariff quota of 1 800 metric
mission must be in a position to follow the extent                        tons :
                    CXT                                                                                  I
                                                                                                           Rate of duty
                  IUM<JÌH£
                     No
                                                                Description                              j      %
                                                                                           ,             i
                   55.09          Other woven fabrics of coi ton :
                                  A. Containing R5% of nunc l>y wciuht of cotton
                                        I. Of a widtl) of Icis thnn XI cm                                      5-2
                                      U. Other                                                                  5-6
                                  1$. Other :
                                        I. Of a wîiltli of less thnn HS cm                                     5-6
                                      1 !. Other                                                               6
                           Article 2                                              • Gcrmany                   80 metric tons
                                                                                    Bénélux                   80 metric tons
1 . A first tranche amounting to 1 350 metric tons                                  France                   920 metric tons
of the Community tariff quota referred to in Article 1
shall be allocated among the Member States ; the                                    Italy                  270 metric tons
share which, subject to Article 5 , shall be valid until
the end of the period specified in Article 1 shall be                     2. The second tranche, of 450 metric tons, shall
as follows :                                                              constitute the reserve.
 ---pagebreak---                                                  .                ■   3■ •                                                   ANNEX A
                                     Article 3                            the products concerned effected up to IS September
                                                                          197^ inclusive arid charged against the Community
           1. If 90% or more of the initial share of a Member             quota and; where appropriate, the proportion, of
          State, as laid down in Article 2 (1 ), or 90% of that           their initial share that is being returned to the reserve,
          share less the amount returned into the reserve,
          where the provisions of Article 5 have been applied,                                                                 '
          has been exhausted, that Member State shall proceed
          without delay, by notifying the Commission, to draw                                               Article 6
          a second share equal to 15% of its initial share,
          rounded up to the next unit where appropriate, to
          the extent that the amount in the reserve allows.               The Commission shall keep account of the shares
                                                                      . opened by Member States in accordance with Articles
    . 2. If, after its initial share has been exhausted, 90%              2 and 3 and sha11 inform cach of thcm of «he extent
          or more of the second share drawn by a Member                   to whlch the r«serve has becn used « soon as "
          State has becn used, that Member State shall proceed            receives the notifications,
          without delay, by notifying the Commission, to draw
          a third share equal to 7-5% of its initial share,               The Commission shall , not later than S October
          rounded up to the next unit where appropriate, to               1976", notify Member States of the amount in the
      • the extent that the amount in the reserve allows.                 reserve after the return of shares pursuant to
                                                                      ' * Article 5 .
          3. If, after its second share has been exhausted, 90%                                  .     , „                 .              .
                      c L       J l.
          or more of the third share
                                          J        R    x / i_ c . .
                                          drawn by a Member State
                                                                          The ...
                                                                                  Commission, shall ensure                that any. drawing
                                                                                                                    . ,. . ,              . ,
          ,,                ,         ,     »«I       C       LIT -       which uses up the reserve is limited to the balance
                                                                          which uses up the            reserve is limited to the balance
          has becn used up, that           Member State shall in                             r ,         , .                 , ,.         ..     .
                  ,       . , ,
          accordance with the same
                                               i -j            t
                                           conditions draw a fourth
                                                                    i     available and, and , for
                                                                                                   ,
                                                                                                       this    purpose, shall specify the
                                                                                                          L. W L          R          L• L • I
     ■      .          .      , ■ ■ ,                                     amount thereof to             the    Member State        which     makes
          share equal to the third .                                        ,        , ,
                    ^                                                      the final drawing.
          This process shall be applied until the reserve is
          exhausted.
                                                                                                             Article 7
          4. Notwithstanding the provisions of paragraphs 1,                   .;     .. •
          2 and 3, the Member States may proceed to draw                          *.         •
       . shares smaller than those fixed in those paragraphs,             1 .- The Member States shall take all appropriate
          if there is reason to believe that those shares might           measures to ensure that, when additional shares are
          not be used up. They shall inform the Commission                drawn pursuant to Article 3, it is possible for charges
          of the reasons which led them to apply this para-               to be made, without interruption, against their
          graph.                                                           accumulated shares of the Community quota.
                                                                          2. The Member States shall ensure that importers
                                    Article 4                             of the Said goods established in their territory have
                                                                          free access to the shares allocated to them .
         Each of the additional shares drawn pursuant to
         Article 3 shall be valid until the end of the period             ,                    .     C .         L » L           •            t i
         'stipulated
              ■ . „ . in
                      • Article
                         . ■ , ,1 .                            r•         3. . .The Member
                                                                                       ,
                                                                                                     States, .
                                                                                                               shall
                                                                                                                   .
                                                                                                                       charge imports
                                                                                                                                   j    i
                                                                                                                                             of the
                                                                                                                                                 ,
                                                                          said goods against their shares as and when the
                                    , , . ,       _                       goods are entered for home use.
                                   Article 5
The Member States shall return to the re–                                 4. The extent to which a Member State has used up
setve , not later than 1 October 19?6 , the                               'ts share shall be determined on the basis of the
unused portion of thoir initial share wlrSch imports charged in accordance with paragraph 3.
on 15 Sentember 1976 , is in excess of 20 %
i> f the initial amount . They shall return
» layger quantity if there are reasons for
considering that snch quantity might not                                                                     . t. , 0
                                                                                                             Article
be used .                                                                                                    Article 8#
                                                                          Member States shall inform the Commission                                at
        The Member States shall, not later than 1 October                 regular intervals of imports of the said product
         1 976, notify the Commission of the total imports of             actually charged against their shares.
 ---pagebreak---                                                      H                                  ANNEX A
                       Article 9                                                ■ Article 10
The Member States and the Commission shall
cooperate closely in order to ensure that this Regula-      This Regulation shall enter into force on 1 January
tion is observed.                                           1976.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States,
             Donc at Brussels»   |
                                                                               For the Council
                                                                                 The Président
 ---pagebreak---                                                                                                               ANNEX B
    a supplementary share from the reserve; whereas this                          Economic Union any measure concerning . the
   must be done by each Member State as each one of                               administration of the shares                  allocated to that
    its supplementary shares is almost used up, and as                            Economic Union may be carried out by any one of
 ' many times as the reserve allows; whereas the initial                          its members,
   and supplementary shares must be valid until the end
   of the quota period ; whereas this form of administra-
 , tion requires close collaboration between the Member                           HAS ADOPTED THIS REGULATION :
! States and the Commission, and the Commission
   must be in a position to follow the extent to which
   the quota volume has been used up and inform the                                                             Article 1
   Member States thereof;
                                                                                  From 1 January 1970 until the date of entry into
   Whereas if, at a given date in the quota period, a                             force of a new Agreement between the European
   considerable quantity of the initial share i$ left over                        Economic Community and Spain but not later than
   in a Member State, it is essential that each State
                                                                                  31 December 1976" and subject to the measures which
   should return a significant proportion to the reserve                          might be taken pursuant to Article 3 (2) and (4) of
   to prevent a part of the Community quota from                                  Annex I to the Agreement between the Community
   remaining unused in one Member State when it could
   be used in others;                                                             and Spain, the Common Customs Tariff duties in
                                                                                  respect of the products refined in Spain and listed
                                                                                  below shall be suspended partially at the levels
   Whereas since the Kingdom of Belgium, the Kingdom                              indicated for each of them, within the limits of a
  of the Netherlands and the Grand Duchy of Luxem­                                global Community tariff quota of 1 200 000 metric
  bourg are jointly represented by the Benelux                                    tons :
                      en*
                    hending                                                                                              • Rare of duty
                                                                       Description                            .                 %
                       No
                      27.10
                                      Petroleum oils and oils obtained from bituminous minerals,
                                      other than crude ; preparations not elsewhere specified or
                                      included, containing not less than 70% by weight of petroleum
                                      oils or of oils obtained from bituminous minerals, these oils
                                      being the basic constituents of the preparations :
                                      A. Light oils :
                                          III. For other purposes                                                              2-4
                                   I H. Médium oils :
                                          III. For other purposes                                                              2-4
                                      C. Heavy oils :
                                            I. Gas oil :
                                  i            c) For other purposes                                                        '  1-4
                                           IL Fuel oil :
                                 i             c) For other purposes                                                           1-4
                                          III. Lubricating oils ; other oils :
                                               c) To be mixed in accordance with the terms of
                                                    Additional Note 7 to this Chapter (a)                              ;
                                               d) For other purposes                                                           2-4
               27.11                 Petroleum gases and other gaseous hydrocarbons :
                                     B. Other :                                                               a .
                                            I. Commercial propane and commercial bufane :
                                               c) For other purposes                                                           0*6
               (a) Entry under this subheading is subject to conditions to be determined by the competent authorities.
 ---pagebreak---                                                                                                  ANNTCX B
                                                      Proposai
                              REGULATION (EEC) No . • ./750F THE COUNCIL
                                               of
               opening, allocating and providing (or the administration of a Community tariff quota
               for certain petroleum products falling within Chapter 27 of the Common Customs
                                              Tariff, rehned in Spain
                                                      ( 1976 )
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                    Whereas, during the last three years for which
                                                              statistics are available, the corresponding imports by
                                                              each of the Member States represent the following
  Having regard to the Treaty establishing the Euro­           percentages of the imports into the Community from
  pean Economic Community and in particular Article            Spain of the products concerned:
  113 thereof;
  Having regard to the proposal from the Commission;                                    I   1972      1973
                                                                                                               1974
                                                              Germany                      34-60      490       56,0
 Whereas the Agreement between the European                   IJenclux                      910       15-3      27.2
 Economic Community and Spain, signed at Luxem­
 bourg on 29 June 1970, provides in Article 2 ( 1 ),          rrance                         8-40     11-2      11,1
 together with Article 3 of Annex I, for the opening
 by the Community of an annual total Community
                                                              Italy                        47-90
                                                                                                      24-5 j1
                                                                                                                 5,7
 tariff quota of 1 200 000 metric tons of certain
 petroleum products falling within Chapter 27 of the
 Common Customs Tariff, refined in Spain; whereas,
 pursuant to Article 2 of the said Annex, the quota           Whereas, in view of these factors of the foreseeable
 duty is equal to 40% of the Common Customs Tariff            development of the market for the products in ,
 duties effectively applied in this year in respect of        question and in particular of the estimates submitted
 the product concerned ;                                      by certain Member States, initial quota shares may
                                                              be fixed approximately at the following percentages:
 Whereas the Community tariff quota in question                        Germany                             39
 should be opened for the year 197<f; and whereas,
however, because of the possibility of implementing                    Bénélux                              17
 after preferential arrangements as a result of a new
Agreement between the European Economic Com­                           France                              11
munity and Spain, it is necessary to limit the quota
period to the date the new Agreement enters into                       Italy .                             33
 force.
Whereas it is in particular necessary to ensure to all        Whereas, to take account of future import trends in
Community importers equal and uninterrupted access           the various Member States of the product under
to the abovementioned quota and uninterrupted                consideration, the total quota volume should be
application of the rate laid down for that quota to          divided into two tranches, the first being shared
all imports of the product concerned into all Member         among the Member States and the second
States until the quota has been used up; whereas,            held as a reserve to cover at a later date the require­
having regard to the principles mentioned above,             ments of those Member States having used up their
the Community nature of the quota can be respected           initial share ; whereas, to give Member State importers
by allocating the Community tariff quota among the           some certainty, the first tranche of the Community
Member States ; whereas, to represent as closely as          quota might be fixed at 80% of the quota volume;
possible the actual development of the market in the
products in question, the allocation should follow
proportionately the requirement of the Member                Whereas the initial shares of Member States may
States calculated from both statistics of imports from       be used up more or less quickly; "whereas, therefore,
Spain during a representative period and the                 to avoid disruption of supplies any Member State
economic outlook for the tariff period in question ;         which has almost used up its initial share must draw
 ---pagebreak---                                                                    2                                              ANNEX B
                                                                                    >              ;
                      CCT
                    heading                                                                                 Rate of duty
                                                               Description                                       %
                       No
                27.12               Petroleum jelly :
                                    A. Crude :
                                         III. For other purposes                                                0-8 .
                                    B. Other                                                                    2-8
                27.13               Paraffin wax, micro-crystalline wax, slack wax, ozokerite,
                                    lignite wax, peat wax and other mineral waxes, whether or
                                    not coloured :
                                    B. . Other :
                                           I. Crude : .
                                              c) For other purposes                                             0-8
                               !          II. Other                                                             2-4
                27.14               Petroleum bitumen, petroleum coke and other residues or
                                   petroleum oils or of oils obtained from bituminous minerals :
                                   C. Other :
                                          II. Other                                                             0*8
                            Article 2                                    equal to 7-5% of its initial share, rounded up to
                                                                         the next unit where necessary, to the extent permitted
  1 . The first tranche, amounting to 1 000 000 metric                   by the amount of the reserve.             "     .
 tons of the Community tariff quota referred to in                                                        - «
 Article 1 , shall be allocated among the Member                        3 . If, after its second share has been used up, 90% or
 States; the respective shares which, subject to                        more of the third share drawn by a Member State
 Article 5, shall be valid until the end of the period                  has been used up, that Member State shall in accord­
 stipulated in Article 1 shall consist of the following                 ance with the same conditions, draw a fourth share
 amounts :
                                                                        equal to the third.
         Germnny               390 000 metric tons
                                                                        This process shall continue to apply until the reserve
         Benelux                 170 000 metric tons                    is used up. -
         France                  110 000 metric tons
         Italy                 330 000 metric tons
                                                                        4. By derogation from paragraphs 1 , 2 and 3, the
                                                                        Member States may proceed to draw shares smaller
 2. The second tranche, amounting to 200 000 metric                     than those fixed therein, if there is reason to believe
 tons, shall constitute a reserve.
                                                                        that those shares might not be used up. They shall
                                                                        inform the Commission of the reasons which led
                          Article 3                                     them to apply this paragraph.
 1 . If 90% or more of a Member State's initial                                                   Article 4
share as specified in Article 2 ( 1 ), or of that
share minus the portion returned to the reserve where
Article 5 is applied, has been used up, that Member                     Additional shares drawn pursuant to Article 3 shall
State shall without delay, by notifying the Commis­                     be valid , until the end of the period stipulated in
sion, draw a second share equal to 15% of its initial                   Article 1 .
share, rounded up where necessary to tlie next unit,
to the extent permitted by the amount of the reserve.
                                                                                                  Article S
2. If, after its initial share has been used up, 90%                 The Member States shall return to the reserve ,
or more of the second share drawn by a Member                        not later than 1 October 1976 , "the unused poz*-
State has been used up, that Member State shall,                     tion of their initial share which , on 15
by notifying the Commission, draw a third share                      September 1976 , is in excess of 20 $ of the
                                                                     initial ajnount . They Rha.ll return a greater
 ---pagebreak---                                                                                     ANÎTEX B
                                                     3
                                                                                       Article 7
 portion i-f there are grounds for "be­                       1. Member States shall take all measures necessary
 lieving th?.t it nay not be used up .                        to ensure that supplementary shares drawn pursuant
                                                              to Article 3 are opened in such a way that imports
  Member States shall, not later than 1 October 1976",        may be charged without interruption against their
  notify the Commission of the total quantities of the        accumulated shares in the Community tariff quotas.
  said goods imported up to and including 15 Septem­
  ber 1975 and charged against the appropriate Com­           2. Member States shall ensure that importers of the
  munity tariff quota and any quantities of the initial       said goods established in their territory have free
  share returned to the reserve.                              access to the shares allocated to them.
                                                              3 . Member States shall charge imports of the said
                         Article 6                            goods against their shares as and when such goods
                                                              are entered for home use.
 The Commission shall keep an account of the shares                                   Article S
 opened by the Member States pursuant to Articles 2
 and 3 and shall, as soon as it has been notified,           Member States shall        inform the Commission at
 inform each State of the extent to which the reserves       regular intervals of imports of the said product
 have been used up.                                          actually charged against their shares.
 It shall inform the Member States not later than                                     Article 9
     October 1976" of the amounts still in reserve after
amounts have been returned thereto pursuant to               The Member        States   and   the Commission  shall
Article 5.                                                   cooperate closely in order to ensure that this Regula­
                                                             tion is observed .
It shall ensure that the drawing which uses up a                                      Article 10
reserve is limited to the balance available and to
this end shall specify the amount thereof to the             This Regulation shall enter into force on 1 January
Member State making the last drawing.                        1975.
              This Regulation shall he binding in its entirety and directly applicable in all Member
              States.
              Donc at Brussels,
                                                                                  For the Couttcil
                                                                                   The Président