CELEX: 31974R0354
Language: en
Date: 1974-02-04 00:00:00
Title: Regulation (EEC) No 354/74 of the Council of 4 February 1974 opening, allocating and providing for the administration of Community tariff quotas for certain textile products falling within heading Nos 55.05 and 55.09 and subheading No ex 58.01 A of the Common Customs Tariff (1974), coming from Turkey

20 . 2. 74                             Official Journal of the European Communities                           No L 48 /5
                                 REGULATION (EEC) No 354/74 OF THE COUNCIL
                                                    of 4 February 1974
              opening, allocating and providing for the administration of Community tariff quotas
              for certain textile products falling within heading Nos 55.05 and 55.09 and subheading
                             No ex 58.01 A of the Common Customs Tariff ( 1974), coming from Turkey
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         — for woven fabrics of cotton :
                                                                      1 000 metric tons to the Community as originally
                                                                      constituted, 20 metric tons to Denmark, 10 metric
Having regard to the Treaty establishing the Euro­                    tons to Ireland and 360 metric tons to the United
pean Economic Community, and in particular Article                    Kingdom ;
113 thereof;
                                                                  Whereas, moreover, it appears desirable to provide
                                                                  for a provisional adjustment of the tariff advantages
Having regard to the proposal from the Commission ;               for these goods :
                                                                  — for the Community as originally constituted by
Whereas, pending the entry into force of the Supple­                  a total suspension of the customs duties of the
mentary Protocol signed in Ankara on 30 June 1973                     Common Customs Tariff, and an increase of
containing the adjustments to be made to the Agree­                   50% of the volume of quotas allocated to these
ment establishing an Association between the Euro­                    Member States ;
pean Economic Community and Turkey and to the
Additional Protocol (*) consequent on the Accession               — for the new Member States by a total suspension
of new Member States, the Community has under­                        of the duties applicable within the limits of the
taken, in an Interim Agreement (2) which runs only                    quotas fixed above, increased by 50% ;
for the period prior to the entry into force of this
Supplementary Protocol but which, in any case, may                Whereas pursuant to Article 1 of Annex No 2 to
not extend beyond 31 December 1974, to im­                        the Supplementary Protocol together with Article
plement certain provisions of the Supplementary                   2 of the Interim Agreement, for the duration of 1974
Protocol relating to trade in goods ; whereas, under              in particular, the Community must reduce by 25%
Article 6 of this Interim Agreement amending Article              the duties applicable in respect of third countries to
1 of Annex 2 to the Additional Protocol, the Com­                 carpets, carpeting and rugs, knotted ( made up or
munity must, as from 1 January 1974, reduce by 75%                not) of wool or of fine animal hair, (with the ex­
the customs duties on imports from Turkey of certain              ception of hand-made carpets) imported from Tur­
textile products falling within heading Nos 55.05                 key ; whereas it also appears advisable to improve
and 55.09 of the Common Customs Tariff, within
                                                                  this tariff advantage provisionally by means of a total
the limit of annual Community tariff quotas of 390                suspension of the duties applicable to the products in
metric tons for cotton yarn and 1 390 metric tons
                                                                  question within a Community tariff quota of 160
for woven fabrics of cotton, whereas the above­                   metric tons allocated in accordance with the same
mentioned Article 6 allocates these Community tariff
quotas as follows :                                               percentages as those adopted under the generalized
                                                                  tariff preferences ;
— for cotton varn :
                                                                  Whereas, in order to comply with the special pro­
                                                                  visions of the Interim Agreement, different systems
                                                                  should be provided for the Member States of the
     300 metric tons to the Community as originally               Community as originally constituted and for the new
     constituted, 40 metric tons to Denmark, 10 metric            Member States;
     tons to Ireland and 40 metric tons to the United
     Kingdom ;
                                                                  Whereas, as regards the Community as originally
                                                                  constituted :
 (*) OJ No L 293 , 29. 12. 1972, p. 4.                            — it is necessary to guarantee to all Community
 (2) OJ No L 277, 3 . 10. 1973 , p. 2.                                importers equal and uninterrupted access to the
 ---pagebreak--- No L 48/6                        Official Journal of the European Communities                                20. 2. 74
   abovementioned quotas and uninterrupted appli­                 both to the statistics of each State's imports from
   cation of the rate laid down for those quotas to               Turkey over a representative period and to the
   all imports of the product concerned into all                  economic outlook for the quota period con­
   Member States until the quota has been used                    cerned ; whereas, in spite of the limited need for
   up ;                                                           imports from Turkey of the products concerned,
                                                                  as shown by the statistics for the majority of the
                                                                  Member States the Community character of the
— in the light of the principles mentioned above,                 tariff quotas concerned should be safeguarded by
   the Community nature of the quotas can best be                 making provisions to cover needs which might
                                                                  arise in these Member States ;
   respected by allocating the Community tariff
   quotas among the Member States ; whereas, in
   order to reflect most accurately the actual de­
   velopment of the market in the product concerned,            — imports into the various Member States from
   such allocation shall be in proportion to the                  Turkey were as follows during the past three
   needs of the Member States, assessed by reference              years for which complete statistics are available :
                                                     1970                   1971                 1972
                                           metric tons      %    metric tons       %   metric tons      %
             Cotton yarn
             Germany                         4 167        34-91    8 458         49-19  11 736        48-35
             Benelux                         2 071        17-35    4 626         26-90   6 144        25-31
             France                            244         2-04      242          1-41      412        1-70
             Italy                           5 455        45-70    3 867         22-50   5 982        24-64
             Other woven fabrics of
             cotton
             Germany                           419        20-17      371         13-99      570       21-17
             Benelux                           207         9-97       848        31-97      995       36-96
             France                            449        21-62      603         22-74      747       27-75
             Italy                           1 002        48-24       830        31-30      380       14-12
   in view of these figures and foreseeable market                second held as a reserve intended ultimately to
  trends for the products concerned during 1974,                  cover the requirements of those Member States
   the initial shares may be fixed approximately at               which have used up their initial shares; whereas,
   the following percentages :                                    in order to ensure a certain degree of security to
                                                                  importers, the first instalment should be deter­
                                                                  mined at a relatively high level, which, under
                                Other woven fabrics               present circumstances, may be about 80% of
              Cotton yarn                                         each quota volume;
                                       of cotton
   Germany      43-8                  23-1
                                                                  the initital quota shares of the Member States
  Benelux       19-7                  30-8
                                                                  may be used up at different times ; whereas, in
   France        5-2                  34-6                        order to take this fact into account and avoid
                                                                  any break in continuity, it is important that any
   Italy        31-3                  11-5
                                                                  Member States having used up almost the whole
                                                                  of one of its intitial quota shares should draw an
                                                                  additional quota share from the corresponding
   in order to take into account the uncertainty of               reserve ; whereas, this must be done by each
  the import trends for the products concerned in                 Member States as and when each of its additional
   the Member States, the quota volumes should be                 quota shares is almost entirely used up, and re­
  divided into two instalments, the first instalment              peated as many times as each of the reserves
   being allocated to the Member States, and the                  allows ; whereas each of the initial and additional
 ---pagebreak--- 20 . 2. 74                           Ofmaiail Journal of the European Communities                                      No L 48/7
     quota shares must be available for use until the
     end of the quota period; whereas this method of                CCT
                                                                   heading                                            Quota
                                                                                        Description
     administration calls for close cooperation between              No
     Member States and the Commission, which must,
     in particular, be able to. observe the extent to
     which the quota amount is used and inform                      55.05     Cotton yarn, not put up for
     Member States thereof;                                                  retail sale                         885 metric tons
                                                                    55.09     Other   woven      fabrics  of
                                                                             cotton                            2 085 metric tons
— if, at a specified date in the quota period, a con­
     siderable balance remains in one or other Mem­                 58.01     Carpets, carpeting and rugs
     ber State it is essential that that Member State                         (made up or not) :
     pays a percentage of it back into the correspond­                       ex A. Of wool or of fine
     ing reserve, in order to avoid a part of one or                                 animal hair with the
     other of the Community quotas remaining unused                                  exclusion of hand­
     in one Member State when it could be used in                                    made carpets                160 metric tons
     others ;
                                                                2. The quotas shall be allocated and administered in
                                                                accordance with the following provisions.
— since the Kingdom of Belgium, the Kingdom of
     the Netherlands and the Grand Duchy of Luxem­
     bourg are united in and represented by the Bene­
                                                                                          SECTION I
     lux Union, all transactions concerning the ad­
     ministration of shares granted to the above­
     mentioned Economic Union may be carried out                           Provisions relating to the Community
     by any one of its members ;                                                  as originally constituted
Whereas as regards the new Member States in par­                                            Article 2
ticular :
                                                                1 . Within the quota Customs Tariff duties shall be
                                                                totally suspended within the limit of 750 metric tons
— the quota volumes to be allocated to those new                for cotton yarn not put up for retail sale, 1 500
     Member States under Article 6 of the Interim               metric tons for other woven fabrics of cotton, and
     Agreement as well as the duties to be applied in           112 metric tons for carpets made of wool or fine
     those Member States for the purposes of these              animal hair.
     quotas determined in accordance with Article 2
     of the said Agreement, are to be adjusted as set
     out below;
                                                                                            Article 3
                                                                1 . The quotas referred to in Article 2 shall be
— equal and uninterrupted access to the quotas                  divided into two instalments .
     should be ensured to all importers and the duties
     should be applied without interruption to all
     imports of the products concerned until the                2. The first instalment of each of these quotas shall
     quotas have been used up,                                  be shared amongst the Member States; the shares
                                                                which, subject to Article 6, shall be valid until 31 De­
                                                                cember 1974, shall be as follows:
                                                                                                                    (in metric tons)
                                                                                                         CCT heading No
HAS ADOPTED THIS REGULATION :
                                                                                                  55.05      55.09       ex 58.01 A
                                                                Germany                            252        240           34-7
                        Article 1
                                                                Benelux                            113        320           12-9
                                                                France                              30        360           24-4
1 . Until 31 December 1974, Community tariff quotas
shall be opened for the following products coming               Italy                              180        120           18-0
from Turkey, as shown below :
 ---pagebreak---  No L 48/8                           Official Journal of the European Communities                                 20. 2 . 74
 The second instalment of each quota, amounting to               The Member States shall, not later than 10 October
 175, 460 and 22 metric tons respectively, shall make            1974, notify the Commission of the total imports of
 up the corresponding reserve.                                  the products concerned effected under the Commu­
                                                                nity quotas up to and including 15 September 1974
                                                                 and, where appropriate the proportion of each of
                                                                their initial shares that they are returning to each of
                         Article 4                              the reserves .
 1 . If 90% or more of one of any Member State's                                        Article 7
initial shares, as laid down in Article 3 (2) or 90%
of that share less the amount returned into the cor­
responding reserve, where Article 6 has been applied,           The Commission shall keep account of the shares
 has been used up, that Member State shall without              opened by Member States in accordance with Article
delay, by notifying the Commission, draw a second               3 and 4, and shall inform each of them of the extent
 share in the quota equal to 15% of its initial share,          to which the reserves have been used as soon as it
 rounded up to the next unit where appropriate, to              receives the notifications .
 the extent that the amount in the reserve allows .
                                                                It shall, not later than 15 October 1974, notify the
2. If, after one or other of its initial shares has been        Member States of the state of each of the reserves
used up, 90% or more of the second share drawn                  after the return of shares pursuant to Article 6.
by one of the Member States has been used up, that
Member State shall, in the manner provided for in               It shall ensure that any drawing which uses up a
paragraph 1 , draw a third share equal to 7 5% of               reserve is limited to the balance available and, for
 its initial share .                                            this purpose, shall specify the amount thereof to the
                                                                Member State which makes the final drawing.
3 . If, after one or other of its second shares has been
 used up, 90 °/o or more of the third share drawn
by a Member State has been used up, the latter shall,                                   Article 8
in the same manner, draw a fourth share equal to the
third .
                                                                The Member States shall take all measures necessary
                                                                to ensure that, when additional shares are drawn
This procedure shall be followed until the reserve              pursuant to Article 4, it is possible for imports to be
has been exhausted.
                                                                counted without interruption against their accumu­
                                                                lated shares of the Community tariff quotas.
4. Notwithstanding paragraphs 1 , 2 and 3 , Mem­
ber States may draw smaller shares than those fixed                                    SECTION II
in those paragraphs if there is reason to believe that
those shares might not be used up. They shall inform                 Provisions relating to the new Member States
the Commission of their reasons for applying this
paragraph.
                                                                                        Article 9
                         Article 5
                                                                1 . Within the tariff quotas referred to in Article 1 ,
                                                                the following shares shall be allocated to the new
                                                                Member States :
Each of the additional shares drawn pursuant to
Article 3 shall be valid until 31 December 1974.                                                             (m metric tons)
                                                                                             55.05     55.09    ex 58.01 A
                        Article 6                               Denmark                       60         30        11-2
                                                                Ireland                       15         15         1-6
If, on 15 September 1974, a Member State has not                United Kingdom                60       540         35-2
used up one or other of its initial shares, it shall,
not later than 10 October 1974, return to the reserve
the unused portion of this share in excess of 20 "Vo of
the initial amount. It may return a larger quantity if          2. Within the limits of these quotas, the new Mem­
there are reasons to consider that this may not be              ber States shall apply zero duties for the textile pro­
used.                                                           ducts concerned.
 ---pagebreak--- 20 . 2. 74                          Official Journal of the European Communities                             No L 48 /9
                      SECTION III                                                    Article 11
                  General provisions                           Member States shall inform the Commission at regu­
                                                               lar intervals of imports of the products concerned
                                                               actually counted against their shares.
                       Article 10
                                                                                     Article 12
1 . The Member States shall take all measures necess­
ary to ensure for importers of the products con­               The Member States and the Commission shall co­
cerned established in their territory free access to the
shares allocated to them.                                      operate closely in order to ensure that this Regulation
                                                               is respected.
2. The Member States shall count imports of the
products concerned against their shares as and when                                  Article 13
such products are presented for customs clearance
under cover of a declaration that they have been               The tariff quotas laid down in this Regulation shall
made available for consumption.                                be opened for 1974.
3 . The extent to which the Member States' shares              This Regulation shall enter into force on the third
have been used up shall be established on the basis            day following its publication in the Official Journal
of imports counted in accordance with paragraph 2.             of the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 4 February 1974.
                                                                                 For the Council
                                                                                   The President
                                                                                    W. SCHEEL