CELEX: 51973PC1711
Language: en
Date: 1973-10-12
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of an additional Community tariff quota for certain oil products falling within Chapter 27 of the Common Customs Tariff and refined in Turkey.#PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL on the opening, distribution and administration of additional Community tariff quotas for cotton yarn, not put up for retail sale and woven fabrics of cotton falling within headings Nos 55.05 and 55.09 of the Common Customs Tariff and originating in Turkey. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1711
Vol. 1973/0295
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(73)1711 Final
                                                         Brussels , 12 October 1973
                                   PROPOSAL FOR A
                            REGULATION (EEC ) OF THE COUNCIL       ■ ■
                 on the opening , allocation and administration of an
                  additional Community tariff quota for certain oil
                   products falling within Chapter 27 of the Common
                        Customs Tariff and refined in Turkey .
                                   PROPOSAL FOR A
                            REGULATION (EEC ) OF THE COUNCIL
                 on the opening , distribution and administration of
                   additional Community tariff quotas for cotton
                    yarn , not put up for retail sale and woven
                     fabrics of cotton falling within headings
                     Nos 55.05 and 55.09 of "the Common Customs
                           Tariff and originating in Turkey .
                                                   /
                                                            • <
                   (submitted to the Council by the Commission )
  COM (73 ) 1711 Final
 ---pagebreak---                             EXPLANATORY KCSOPAKDIJH
1 . On 30 June 1 97 3 at Ankara , after negotiations held with Turkey on
    changes necessitated by the accession of new Member Statcs»to tha
    association agreement between that country and the Commurity one" to
    the additional Protocol , the Community signed a supplementary Protocol
    which will entei* into force after ratification .
    Pending its entry into force , the Community proposes , by means of an
    interim agreement applicable only during the period preceding the
    entry into force of that supplementary Protocol but which may net
    extend 3 "1 December 1 974 , to apply certain provisions of that Frotocol
    relating to trade as from 1 ITcvember 1973 »
2 . Article 6 of that interim agreement , amending the sole article ( 1 )
    of Annex I and Article 1(2 ) of Ann-ox II of the additional Protocol
    provides for the opening of annual Community tariff quotas for the
    following products according to the conditions set out beside each
    ones
    Common Customs                    Description           Annual       Quota
    Tariff Heading ITo                                      quota        duty
    ex Chapter 27           Certain petroleum products       340 000    exemption
                                                          metric tens .
    55.05                   Cotton yarn y not put up              390     75/o
                            for retail sale               metric tons   reduction
    55.09                   Other woven fabrics of             1 390      75%
                            cotton                        metric tons   reduction
    Article 6 of that agreement also allocates the annual quotas for
     textiles among Member States as follows !
 ---pagebreak---                                       - 2 -                 '•GV:-./7 ';' f r
                                                                  .  »  . r  ^
    ■Cot.t.c; n y3™, (heading 55.05 )
     Comiunity as originally constituted.                       300 metric tons
    Demark                                                        40 metric tons
     Ireland                                                       10 metric tons
     United Kingdom                                               40 metric tons
     Other woven fabrics of cotton (heading 55*09 )
     Community as originally constituted                      1 000 metric tons
     Dermark                                                       20 metric tons
     Irelsiid                                                       10 metric tons
     United Kingdom                                             360 metric tons
3 . As regards quotas it should be noted that , by Regulations (EEC )
     Nos 2832/72 and 2833/72 of 28 December "1 972^ f the Council has already
     opened for the year 1°73 f and allocated among Member States of the
     Community as originally constituted , Community tariff quotas of
     200 000 metric tons for petroleum products , 500 metric tons for cotton
     yam and 1 000 metric tons for other woven fabrics of cotton .             In order
     to meet the Community ^ obligation^ additional tariff quotas should
     therefore be opened and reserved for the new Member States , amounting
     to one-sixth of the annual quotas for the period under consideration ,
     that is , 23 334 metric tons for petroleum products , 15 metric tons
     for cotton yarn and 65 metric tons for other woven fabrics of cotton.
4 « As regards the customs duties applicable in the new Member States ,
     Article 2 of the interim agreement stipulates that the reductions in the
     duties which are provided for in the Association Agreement shall be
     applied in the new Member States , in accordance with the percentages
     and timetable laid down , upon the entry into force of the Agreement ,
     and that the rates resulting from the application of these reductions
     as regards in particular the products listed in Annex II , which includes
     the textiles referred to , may in no case be lower than those applied by
     the new Member States to the Community as originally constituted .
     10J No L 298, 31 December 1972, pp. 35 and 40
 ---pagebreak---                                      - 3 -
   Consequently , during the quota period the new Member States will have
   to exempt petroleum products from customs duties , while the reduction
   in duties for the two types of textiles must he limited to 20$, the
   reduction granted to the original Member States .
   The allocation among Member States of textile quotas is laid down
   in the interim agreement and calls for no particular comment .    As
   regards petroleum products , however , the statistics available , which
   relate only to 1972 and the first two months of 1973 for certain
   Member States only , do not give a clear picture of past trends in
   Member States and ; heir needs during the quota period .   Accordingly ,
   although -they are small and will be in force only for a brief period ,
   the quotas have been divided into two instalments , the first being
   allocated among Member States and the second constituting a reserve
   to meet air* extra requirements which msy arise in Member States .
6. The proposal fo:o a regulation on textiles provides that the single
   method of administration to be applied by the Member States shall be
   that of meeting requirements as and when they arise .    It is not possible
   at present , however , to lay down a single method of administration
   ( as requirements arise or "by pre–allocation) for the petroleum products
   quota .  Kational provisions governing the markets in these products
   vary widely from one Member State to another and a common method of
   administration is therefore not feasible .   In the circumstances , and as
   an exception , each Member State will be free to administer its share
   according to its own arrangements while ensuring that the importers of
   these products have free access to the quota .
 ---pagebreak---                                                         /- ANNEX A
                             PROPOSAL PGR A
                   jfiEGnLMTOJj - (SEC ) OF THE COUNCIL. ■ ...
                           of 12 October 1973
        on the opening, allocation and adninj. st rat on of an
        additional Community tariff quota for certain oil
        products falling within Chapter 27 of the Common
        Custons Tariff and refined in Turkey
THE COUNCIL 0? TEE EUROPEAN COMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ;
Having regard to the proposal from the Commission ;
Whereas , pending the entry into force of the Supplementary Protocol ,
signed at Ankara on 30 June 1973 , containing adjustments to be made to
the Agreement establishing an Association between the European Economic
Community and Turkey and to the Additional Protocol , consequent on the
accession of r.cw Member States to the Community , the Conmrjiity has
undertaken, in an interim agreement valid only during the period
preceding the entry into force of that Supplementary Protocol and no
later than 31 December 1974 } "to apply as from 1 November 1973 certain
provisions of that Protocol relating to trade ? whereas under Article 6
of that interim agreement emending the sole Article ( l ) of Annex I
of the Additional Protocol , the Community roust from that date totally
suspend the Common Customs Tariff duties applicable to certain petroleum
products falling within Chapter 27 and refined in Turkey , within the
 limit of a Community trriff quota of an annual volume of 340 000 metric
                                                                           A
tons ; whereas under its Regulation (EEC ) No 2832/ 72 of 28 December 1972
the Council has already opened and allocated among the Member States of
the Community as originally constituted a Community tariff quota for
  OJ No L 293 , 31 December 1972 , p. 35
 ---pagebreak---                                                         ABUEX A
the same products of a volume of 200 000 metric tons , with exemption
from customs duty } whereas from 1 November 1973 until 31 December 1973
an additional Community tariff quota of one-sixth of the difference ,
namely 23 334 metric tons , should be opened ; whereas this supplementary
quota should be reserved for the new Member States ; whereas under the
provisions of Article 2 of the interim agreement referred to , aero
duties must be applied by these Member States to the products in
question ;
Uhereas equal and direct access to the said cuota by all importers in the
Community and the uninterrupted application of the rate laid down for the
said quotas to all imports of the products in question into all Member
States should be guaranteed until the quotas are exhausted ; whereas
utilization of this quota , based on allocation between Member States ,
would appear to safeguard the Community character of the said quota as
regards the principles described above ; whereas in order to ensure that
such allocation takes as much account as possible of the actual
development of the market of the products concerned , the allocation of
shares should bo in direct proportion to the needs of Ilember States ,
calculated on the one hand , on the basis of statistics relating to
imports from Turkey during a given representative period and , on the
other , on the basis of the economic prospects for the quota period
considered ;
Whereas , according to the statistics at present available , which refer
only to 1972 and the first two months of 1973 f it appears that imports of
petroleum products are fairly irregular , for the United Kingdom has
 announced figures of 38 200 metric tons in 1972 , 19 200 metric tons in
 January 1973 and nil for February 1973 ; whereas imports into Denmark
during this period have been nil , while those into Ireland are undetermined
x*hereas any calculations of percentages which these imports represent
 in relation to total imports by these Member States from Turkey would
be meaningless ; whereas , in the light of the import figures forecast by
 ---pagebreak---                                                       AÎ3UEX A
the Member States for the quota period concerned , the quota in
question should be allocated in the following percentages :
Dennark        1 0%
Ireland        10^
United
  Kingdom
Whereas to take into account the uncertainty in the development of imports
of the said products into Member States , the quota volume should bo divided
into two portions , the first portion being allocated "between the Member
States , and the second portion forming a reserve intended to meet
subsequently the needs of the Member States which have exhausted their
original share of the quota ? whereas in order to ensure some security
to importers in each Member State , th?. first portion of the Community
qaota should be fixed at a relatively high level which , under the
circumstances , might amount to approximately 80$> of the quota volume ;
Whereas the initial quota shares of tho^e Member State3 may be used up at
different times ; whereas , in order to take this fact into account and
avoid ary break in continuity , it is important that any Member State
having used up almost the whole of its initial quota share should draw
an additional quota share from the reserve ; whereas this must be done by
each Member State as and when each of its additional quota shares is almost
entirely used up , and repeated as many 'times as the reserve allows ; whereas
the initial and additional quota shares must be available for use until
the end of the quota period ; whereas suoh method of administration calls
for close cooperation between Member States and the Commission , which
must , in particular , be able to observe the extent t ? which the quota
amounts are used and inform Member States thereof ;
Whereas if , at a specified date in the quota period , a considerable
balance of one of the initial shares remains in one or other Member State
it is essential that that Member State pays a certain percentage of it
back into the reserve , in order to avoid a part of one or other of the
Community quotas remaining unused in one Member State when it could bo
used in others ;
 ---pagebreak--- Whereas it does not seem possible for the moment , taking into account the
differences still existing in the national provisions governing the market
of tho products in question , to lay down e, single method of administration
HAS ADOPTED TIIIS REGULATION:
                                    Article 1
As from 1 November 1973 and until 31 December 1 973 , and subject to the
measures which might be taken pursuant to the sole Article (2 and 4 )
of Annex iTo 1 of the Additional Protocol betreen the European Economic
Community and Turkey, an additional Community tariff quota of 23 334
metric tons shall be opened in the new lumber States for tho petroleum
products , listed hereafter , falling within Chapter 27 of the Common
Customs Tariff and refined in Turkey :
CCT        i
                                   Description of goods
neading Eoj
27.10           Petroleum oils and oils ootaincd from bituminous minerals ,
                other than crude ; preparations not elsewhere specified or
                included ? containing not less than 70fo by xreight of
                petroleum oils or of oils' obtained from bituminous
               minerals , these oils being the basic constituents of the
                preparations :
                A. Light oilsi
                   III . Intended for other purposes
                B. Médium oils :
                   III . Intended for other purposes
                C. Heavy oils :
                      I. Gas oil :
                          ( c ) Intended for other purposes
                     II . Fuel oil :
                          ( c ) Intended for other purposes
                    III . Lubrioating and other oils :
                          (c ) Intended to be mixed in accordance with th^
                                terms of Additional Bote 7 "to this Chapter
                          (d ) Intended for other purposes
1
  Inclusion in this subheading is subject to the conditions to be
  laid down by the competent authorities .
 ---pagebreak---                                                               AMSX A
                                                             ORSR.J» MSUOKM
CCT
heading Ho !                           Description of goods
                 Petroleum gases and other gaseous hydrocarbons :
                  B ,. Other :
                       I , Commercial propane and commercial "butane :
                           ( c ) Intended for other purposes
                 Petroleum jelly :
                 A. Crude :
                   III . Intended for other purposes
                  B. Other
                 Paraffin wax , micro–crystalline vrax , slack wax, ozo
                 kerite , lignite wax, peat wax and other mineral waxes ,
                 whether or not coloured :
                 B. Other :
                       I. Crude i
                           ( c ) Intended for other purposes
                      II . Other
                 Petroleum "bitumen , petroleum cckc and other residues
                  of petroleum oils or of oils obtained from bituminous
                 minerals :
                 C. Other
The new Member States shall exempt from customs duties the petroleum
products covered by this additional tariff quota.
This tariff quota shall be allocated and administered in accordance with
the following provisions .
                                      Article 2
The tariff quota referred to in Article 1(1 ) shall be divided into
two instalments .
A first instalment , amounting to 19 000 metric tons , shall be allocated
among certain Member States ; the shares to which , subject to Article 5 ,
each of these Member States will be entitled from 1 November to
 31 December 1973 » shall be as follows :
 ---pagebreak---                                                         AîffiEX A
                  Denmark
                  Denmark                   1 900 metric tons
                  Ireland
                  Ireland                   1 900 metric tons
                  United Lingdom
                          Kingdom         15 200 metric tons
The second instalment , amounting to 4 334- metric tons , shall make up the
reserve ,
                                  Article 3
If S'Ov0 or more of the initial share of a Member State , a3 laid down in
Article 2(2 ), or SOfa of that 3hare less the amount returned into the
reserve , whore the provisions of Article 5 have "been applied , has "been
exhausted , that Member State shall at once proceed , by notifying the
Commission, to draw a second share equal to 20cfo of its initial share ,
where appropriate rounded up to the next unit , to the extent that the
amount in the reserve allows .
If, after its initial share has been exhausted , 9Qc/o or more of the second
drawn by a Member State has been used , that Member State shall at once
proceed , by notifying the Commission, to draw a third share equal to
105& of its initial share , where appropriate rounded up to the next
unit , to the extent that the amount in reserve allows .
If , after its second share has been exhausted, ^0% or more of the third
share dravm by a Member State has been used , that Member State shall
proceed , pursuant to the provisions of paragraph 1 , to draw a fourth
share equal to the third .
This process shall continue to be applied until the reserve is exhausted .
Notwithstanding the provisions of paragraphs 1 , 2 and 3 > Member States
may proceed; tc draw shares smaller than those fixed in those paragraphs
if there is reason to believe that those shares may not be used up .     They
shall inform the Commission of the reasons which will have led them to
apply this paragraph .
 ---pagebreak---                                                         Α1ΡΤΕΧ Α
                                Article A
The additional shares drawn pursuant to Article 3 shall "be valid until
31 December 1973 »
                                 Article 5
If on 1 December 1973 a Member State has not used up its initial quota
share , it shall # not later than 10 December 1973 , return to the reserve
the unused portion of its share in excess of 20fo of the initial amount .
It may return a larger quantity if there are reasons to consider that
such quantity might not be used .
The Member States shall , not later than 10 December 1973 , notify the
Commission of the total imports of the products concerned effected up
to 1 December 1973 inclusive , and charged against the Community quota
and , where appropriate , the proportion of their original quota share .
that is being returned to the reserve .
                                 Article 6
The Commission shall keep account of the initial share opened by
Member States in accordance with Articles 2 and 3 and shall inform
each , of them of the extent to which the reserves have been used as scom
as it receives the notifications .
The Commission shall , not later than 15 December 1 97 3 j notify Member
States of the state of the reserve after,   the return of quota shares
piirsuant to Article 5 *
The Commission shall ensure that any drawing which uses up the reserve
is limited to the balance available and for this purpose shall specify
the amount thereof to the Member State which makes the final drawing ,
 ---pagebreak---                                           - 8 -
                                     Article 7
1 . The Member States shall take all measures necessary to ensure that when
    additional quotas are drawn pursuant to Article 3 , it is possible for
    charges to "be made without interruption against the accumulated shares
    of the Corjnunity tariff quota .
2 . The Member States shall take all measures necessary to guarantee free
    access to the quotas allocated to them by all importers established on
    their territory .
3 » The extent to which the quota shares of the Member States have been used
    up shall be recorded on the basis of the imports of the products
    concerned under cover of declarations that they have been entered into
    consumption .
                                     Article 8
                                     ■i ■ u *. m i ^o wi'i
    Member States shall inform the Commission of imports of the products in
    question actually charged against their quota shares .
                                     Article 9
    The Member States and the Commission shall cooperate closely to see that
    the provisions of the preceding Articles are observed .
                                     Article 10
                                     ■WMP-WT CWnJT.   B-HD–
    This Regulation shall enter into force on 1 Noveaocr 1973 .
    This Regulation shall be binding in its entirety and directly applicable
    in all Member States .
    Done at Brussels .                                      For the Council
                                                            The President
 ---pagebreak---                                                         AHEX B
                            PROPOSAL" FOR A
                     REGULATION (EEC ) O? THE COUNCIL
                           ν
                             of 12 October 1973
      on "tlie opening, distribution and. administration of additional
      Community tariff quotas for cotton yarn , not pux up for retail
      sale and woven fabrics of cotton falling within headings
      ETos 55.05 and 55*09 of the Coumon Customs Tariff and originating
      in Turkey
THE COUNCIL OF TTIS EUROPEAN COMOMITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 1 1 3 thereof ;
Having regard to the Commissions proposal ;
Whereas , pending the entry into force of the Supplementary Protocol ,
signed at Ankara on 30 June 1973 , containing adjustments to be made to
the Agreement establishing an Association between the European Economic
Community and Turkey and to the Additional Protocol , consequent on the accession
of nevj Member States to the Community,, the Community has undertaken, in an
interim agreement valid only during the . period preceding the entry into
force of that Supplementary Protocol , and no later than 31 December 1974 , to
apply as from 1 November 1973 certain provisions of that Protocol relating
to trade ; whereas under Article 6 of that interim agreement amending
Article 1 of Annex 2 of the additional Protocol , the Community must from
that date grant a reduction of 75 /® i*1 customs duties on imports from
Turkey of cotton yarn not put up for retail sale and woven fabrics of
cotton falling within headings Fos 55*05 and 55*09 of the Common Customs
Tariff within the limit of annual Community tariff quotas of 390 metric
tons for cotton yarn and 1 390 metric tons for woven fabrics of cotton ;
whereas Article 6 referred to above establishes the allocation of these
Comnrunity tariff quotas as follows :
 ---pagebreak---                                                         Annex B
                                                          I lp«Hi i ■
– cotton yarn :
   300 metric tons for the Community as originally constituted , 40 metric
   tons for Denmark , 10 metric tons for Ireland and 40 metric tons for
   the United Kingdom ;
– for woven fabrics of cotton *
   1 000 metric tons for the Community as originally constituted , 20
   metric tons for Denmark, 10 metric tons for Ireland and 360 metric
   tons for the United Kingdom ;
Whereas under its Regulation (EEC ) ITo 2883/72 of 28 December 1972 the
Council opened for the year 1973 and allocated among the Member States
of the Community as originally constituted Community tariff quotas for
those products , subject to zero duty, of pjnounts equal to or greater
than the quota volumes allocated to the Community in the distribution
pattern referred to ; whereas for the period of 1 November to 31 December
1973 additional Community tariff quotas should therefore be opened equal
to one-«ixth of the differences , namely 15 metric tons for cotton yarn
and 65 metric tons for woven fabrics of cotton and should be allocated
among the new Member States according to the percentages adopted in
the distribution pattern referred to ; whereas Article 2 of the interim
agreement provides that the reductions in customs duties which are
provided for in the Association Agreement shall be applied in the new
Member States in accordance with the percentages and timetable laid
down, upon the entry into force of the Interim Agreement ; and that the
rates resulting from application of these reductions as regards products
of Annex II of the Additional Protocol , which include tho textile
products in question , may in no case be lower than those applied by
the new Member States to the Community as originally constituted ;
whereas tho reduction to be applied by the new Member States under
the tariff quotas referred to must therefore be limited to 20$;
Whereas it is in particular necessary to ensure to all importers in these
Member States equal and uninterrupted access to the abovementioned quotas
 and uninterrupted application of the rate laid down for those quotas
to all imports of the product concerned into all Member States until
the quota has been used up ;
  0J No L 298 , 31 December 1972 , p. 40 .
 ---pagebreak---                                                             Annex B
Whereas , in order to take into account import trends for the products
concerned in the different Member States , the quota amounts should be
divided into two instalments , the first instalment being allocated among
the Member States , a.nd the second forming a reserve intended ultimately to
cover the requirements of the Ilember States which have used up their
initial quota shares ; whereas , in order to enstire a certain degree of
security to importers in each Member State , the first instalment of the
CoTJnunity quota should be determined at a level which , under present
circumstances , may be 8ofo of the quota amount ;
Wherea.3 the initial quota shares of the Member States may be used up at
different times ; whereas , in order to take this fact into account and avoid
any break in continuity , it is important that any Member State having used
up almost the whole of one of its initial quota shares should draw an
additional quota share from the corresponding reserve ; whereas , this must
be done by each Member State as and when each of its additional quota shares
is almost entirely used up , and repeated as many times as each of the
reserves allows ; whereas each of the initial and additional quota shares
must be available for use until the end of the quota period ; whereas this
method of administration calls for close cooperation between Member States
and the Commission, which must , in particular , be able to observe the extent
to which the quota amount is used and inform Member States thereof ;
Whereas if , at a specified date in the quota period , a considerable balance
remains in one or other Member State it is essential that that Member State
paj-'S a percentage of it back into the corresponding reserve , in order to avoid
a part of one or other of the Community quotas remaining unused
in one Member State when it could bo used in others ;
HAS AIX)PT3D THIS REGULATION:
                                   Article 1
 1.   As from 1 November 1973     until 31 December 1 97 3 additional Community
tariff quotas shall be opened in the new Member States for the following
products originating in Turkey and v.'ithin the following limits :
 ---pagebreak---                                                              • Annex B
Conucon Customs                                            Size of quota
                                   Description
Tariff herding 35b
55.05                  Cotton yarn , not put Tip for        15 metric tons
                       retail sale
55.09                  Other woven fabrics of cotton       65 metric tons
2.   Under these additional tariff quotas the new Member States shall
apply the duties listed in Column 1 of the table below instead, of those
listed in Colionn 2 :
                               Quota duty             Duty laid down
                               applicable             in the CCT
For cotton yarn
(Heading No 55»05 of the
Common Customs Tariff )
– Denmark                      0 <fo                   0     %
                               4 $>                    5     %
– Ireland                     38.4/0                  48     %
- United Kingdom              10.4$                   13     %
                               6   %                   7 .■ 5%
For other woven fabrics
of" cotton
( Heading ITo 55*09 of the
Common Customs Tariff )
– Denmark                      2.4'$                   3         %
                               8                      10
                              10                      12.5       %
– Ire lard                                            40         *
                              48    f                 60         1°
                               0.08    £/square yard   0.10         £/ square yard
                               0.575   £/scruare yard  0.72         £/'square yard
                               0.36    £/squ.are yard  0.45         £/ s quare yard
                               0.128   £/square yard   0.16         £/s quare yard
– United . Kingdom            14                      17.5       *
 ---pagebreak---                                                           Annex B
3.  These tariff quotas shall be allocated and administered in
accordance with the following provisions ,
                                 Article 2
1 « The tariff quotas referred to in Article 1(1 ) shall "be divided into
two instalments .
2.  The first instalment of each quota shall he shared among the Member
States f the proportions which , subject to Article 5 » shall "be valid
until 31 December 1973 , shall consist of the following amounts :
                                                  – in metric tons –
                                         Common Customs Tariff Eerding lib
                                           55*05            5^.09
        Denmark                             5,3              2.6
                                                       «
        Ireland                             1.4        i'    1.4
        United Kingdom                      5*3             43.0
                                           12.0        ;    52.0
3.  The second instalment of each quota, i.e. 3 metric tons and
13 metric tons respectively shall make up the reserve .
                                  Article 3
1,  If 90?j or more cf the initial share of a Member State , as laid down
in Article 2(2 ), or     of that share less the amount returned into
the corresponding 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 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 .
 ---pagebreak---                                      - 6 -
                                                            Armey. B
2 . If, after one or other of its initial shares has "been exhausted.,
90% or more of the second share drawn by a Member State has been used ,
that Member State shall proceed without delay , by notifying the Commission ,
to draw a third share equal to 7*5i° of its initial share , rounded up to
ths next unit where appropriate , to the extent that the amount in the
reserve allows .
3.   If j. after one or other of the second shares has been exhausted , 90%
or more of the third share drawn by a Member State has been used , that
Member State shall proceed , pursuant to the provisions of paragraph 1 ,
to draw a fourth share equal to the third .
This process shall be applied until the reserve is exhausted .
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 j if there is reason to believe that those shares may not be
used up .    They shall inform the Commission of the reasons which led them
to apply this paragraph .
                                    Article 4
                                    *%. OÊ^-9 ■! LMB 11 h
                                                          x
Each of the additional shares drawn pursuant to Article 3 shall be
valid until 31 December 1973 »
                                    Article 5
If , by 1 December 1973 » a Member State has not used up one or other of
its initial shares , it shall , not later than 10 December 1$73 , return to
the reserve the unused portion of this share in excess of 20fc of the
initial amount .    It may return a larger quantity if there are reasons to
consider that such quantity might not be used .
The Member States shall , not later than 10 December 1973 » notify the
Commission of the total imports of the product concerned effected up to
 1 December 1973 inclusive , and charged against the Community quotas and ,
where appropriate , the proportion of each of their initial shares that
 is being returned to each of the reserves .
 ---pagebreak---                                    - 7 -
                                                           Annex B
                                  Article 6
The Commission shall keep account of the shares opened by Member States
in accordance with Articles 2 and 3 and shall inform each of them of the
extent to which the reserves have been used as soon as it receives the
notifications .   The Commission shall , not later than 15 December 1973 ,
notify Member States of the state of each of the reserves after the
return of shares pursuant to Article 5®
The Commission shall ensure that any drawing which uses up the reserve
is limited to the balance available and , for this purpose , shall specify
the amount thereof to the Member State which makas the final drawing.
                                  Article 7
1.  The Member States shall take all measures necessary to ensure that ,
when additional shares ere drawn pursuant to Article 3 , it is possible
for charges to bo made without interruption against their accumulated
shares of the Community quota .
2.  The Member States shall take all measures necessary to guarantee to
importers of the products concerned established in their territory free
access to the share allocated to thern .
3«  The Member States shall charge imports of the product concerned against
their shares in so far as the product has been presented for Customs
clearance under cover of declarations that it has been made available
for consumption .
4.   The extent to which the Member States * shares have been used up shall
be recorded on the basis of the imports charged in the conditions laid
down in paragraph 3 .
                                   Article 8
Member States shall inform the Commission at regular intervals of the
 imports of the products concerned actually charged against their shares .
 ---pagebreak---                                  - 8 -
                                                     Annex _B
                               Article 9
The Member States and the Commission shall cooperate closely in order
to ensure that the provisions of this Regulation are observed .
                             ' Article 10
This Regulation shall enter into force on 1 November 1973 *
This Regulation shall bo binding in itn entirety and directly
applicable in all Member States ,
Dene at Brussels ,         -                   For the Council
                                               The President