CELEX: 51973PC1963
Language: en
Date: 1973-11-23
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 Isreal (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1963
Vol. 1973/0348
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(73)1963 Final
                                                   Brussels , 23 November 1973
                               PROPOSAL FOR A
                                                              V
                     REGULATION (EEC ) OP 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 Isreal
                (submitted to the Council by the Commission )
COM(73 ) 1963 Final
 ---pagebreak---                     EXPLANATORY MEMORANDUM
Article 2 of the Agreement between the European Economic Community
and Israel , read with Article 3 of Annex I thereto , provides for
the opening of Community tariff quota of 300 tons for the
importation into the Community of other cotton fabrics , originating
in Israel , falling within the Tariff Heading No 55.09 .
These provisions apply only to the six original Member States , since
the " Protocol fixing certain provisions relating to the Agreement
between the European Economic Community and Israel in consequence
of the Accession of the new Member States to the European Economic
Community" of 30 January 1973 ( OJ No L 66 , 13 March 1973 ) provides
that as regards the new Member States the situation shall remain as
before .  The Protocol also provides that the contracting parties are
to lay down before 1 January 197^ the transitional measures and
adjustements which may appear necessary following the accession of
the new Member States .
In July 1973 , the Community opened negotiations with Israel with a
view to concluding , by 1 January 197 ^, a new Agreement to replace
the 1970 Agreement . However , in view of the present state of these
negotiations , it is by no means certain that the Agreement could
enter into force on 1 January 197^.
In view of the foregoing , the Commission believes that the possible
necessity should be provided for of opening tariff quotas , under the
current Agreement , in favour of Israel . Consequently , the relevant
tariff quotas should be opened by 1 January 197^ and therefore
approved by the Council before that date *
It is therefore necessary to initiate the procedures for opening
the relevant tariff quotas *
   0
The Regulations provide , in the usual way , for the splitting up of
the tariff volumes into two parts , of which the first will be
allocated among the Member States as quota shares and the second
will be kept as reserve .
 ---pagebreak---                                 - 2 -
5 . The allocation of the first part of each quota has been undertaken
    according to the rules generally applied hitherto . The total
    imports of each Member State for 1970 , 1971 and 1972 have been
    expressed as a proportion of total Community imports over the same
    period . The resulting percentages have been applied State by
    State to the volume of the first part , the last digit of the
    number of metric tons being rounded off .
6 . The proposed Regulation on other cotton fabrics provides for a
    single method of administration , to be applied by all Member
    States , namely the " as and when" method .
 ---pagebreak---                                                          GUD/G22/73-E
                        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*°9 of the Common Customs Tariff , originating
    in Israel
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
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 the Agreement between the European Economic Community and the State
of Israel , signed at Luxembourg on 29 June 1970 , provides in Article 2(l )
together with Article 3 of Annex 1 for the opening by the Community of an
annual Community tariff quota of 300 metric tons of other woven fabrics of oottai
 falling within heading No * 55*09 of the Common Customs Tariff . originating in
 Israel ; whereas , pursuant to Article '1 of the said Annex th§ quots^zs equalto
50/o of the Common Customs Tariff duty in respect of the product concerned ;
whereas therefore a Community tariff quota of 300 metric tons at duty rates
of 6.5^, T/°i 1% an<i 7     for products falling within subheadings Nos 55 « u9 A I ,
A II , B I and B II respectively should be opened for 1974 ;
Whereas it is in particular necessary to ensure to all Community importers
equal and uninterrupted access to the abovementioned quota and uninterrupted
application of the rates laid down for that quota to all imports of the
products concerned into Member States until the quota has been used up ; whereas
having regard to the principles mentioned above , the Community nature of the
quota can be respected by allocating the Community tariff quota among the
Member States ; whereas , in order to reflect most accurately the actual
development of the market in the products concerned , such allocation should
be in proportion to the needs of the Member States , assessed by reference both
to the statistics on imports of the products concerned from Israel over a
representative period and to the economic outlook for the quota period concerned :
 ---pagebreak---                        - 2 -                      GUD/82 2/73-E
Whereas , during the last three years for which statistics are available ,
the corresponding imports by each of the Member States represent the
following percentages of the imports into the Community from Israel of
the products concerned :
                                     1970        1971           1972
             Germany                 93.0        89.9           94-5
           I Bénélux                  0.2                        0.5
           i France                   2.0          2.5           2.5
           J Italy                    4.8          7.6           2.5
whereas , in view of these data and the estimates submitted by certain
Member States , initial quota shares may be fixed -approximately at the
following percentages :
             Germany             90
             Bénélux              1
             France               3
             Italy                6
 ---pagebreak---                              - 3 -                        CUû/822/73-ii
  Vihereas , in order to take into account import trends for the produces
  concerned in the different Member States , the quota amount should he
  divided into two instalments , the first instalment being allocated among
  the Member States , and the second forming a reserve intended ultimately to
  covere the requirements of the Member States which have used up their
  initial quota shares ; whereas , in order to ensure a certain degree of
  security to importers in each Member States , the first instalment of the
  Community quota should be determined at a level which , under present
  circumstances , may be 75/" of "the quota amount ;                          .* *
                                                                          « »
  Whereas the initial quota share of the Member States may be used up* at' » •
  different times ; whereas , in order to take this fact into account artd '
  avoid any break in continuity , it is important th&t any Member State            »
  having used up almost the whole of its initial quota share should araw
  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 ae the r«serve allows ;
  whereas the initial and additional quota shares must be available for use
. until the end of the quota period ; whereas this method of administratis
  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 ;
   IJhereas 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 pays a large amount of its back into the reserve , in
  order to avoid a part of the Community quota remaining unused in one
  Member State when it could be used in others ;
  Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands
  and the Grand Duchy of Luxembourg are united in and represented by the
  Benelux Economic Union , all transactions concerning the administration
  of shares granted to the abovementioned Economic Union may be carried
   out by any one of its Members
 ---pagebreak---                                                                 CUD/741/73--
                              Article 3
1.    If 90/c or more of the initial share of a Member State laiu dowr, in
Article 2(l ), or JQ'/o of that 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 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 .
2•    If, after it initial share 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 • 5/'° of its initial share , rounded up to the next unit where
appropriate , to the extent that the amount in the reserve allows .
3.    If, after its second share 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 2 , 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
if there is reason to belive that those shares might not be used up . They
shall inform the Commission of the reasons which led them to apply this
paragraph .
                              Article 4
The additional shares drawn pursuant to Article 3 shall be valid until
31 December 1974-
                              Article 5
If , by 15 September 1974 » a Member State has not used up its initial share ,
it shall , not later than 10 October 1974 » return to the reserve the unused
portion of this share in excess of 20% of the initial amount . It may
return a larger quantity if there are reasons to consider that such quantity
might 'not be used .
The Member States shall , not later than 10 October 1974 » notify the
Commission of the total imports of the products concerned effected up to
15 September 1974 inclusive , and charged against the Community quota and ,
where appropriate , the proportion of their initial share that is being
returned to the reserve .
 ---pagebreak---                             - 6 -                    GUD/741/ 73-E
                           Article 6
The Commission shall keep account of the shares opened, by LIember 3i,ates
in accordance with Articles 2 and 3 and shall inform each of them of
the extent to which the reserve has been used as soon as it receives the
notifications •
The Commission shall , not later than 15 October 1974 notify Member States
of the amount in the reserve 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 makes the final drawing .
                            Article 7
1.    The Member States shall take all appropriate measures to ensure .
that , when additional shares are drawn pursuant to Article 3 , it is
possible for charges to be made without interruption against their
accumulated shares of the Community quota .
2.    The Member States shall guarantee to importers of the products
concerned established in their territory free access to the shares
allocated to them .
3.    The Member States shall charge imports of the products concerned
against their shares in so far as the products have 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 imports
from Israel actually charged against their shares .
                            Article 9
The Member States and the Commission shall cooperate closely in order to
ensure that the provisions of this Regulation are observed .
 ---pagebreak---                           - 7 -                 GUD/741/73-2
                       Article 10
This Regulation shall enter into force on 1 January 1974 *
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels .                           For the Council
                                               The President