CELEX: 31974R0355
Language: en
Date: 1974-02-04 00:00:00
Title: Regulation (EEC) No 355/74 of the Council of 4 February 1974 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

No L 48/ 10                          Official Journal of the European Communities                              20. 2 . 74
                                REGULATION (EEC) No 355/74 OF THE COUNCIL
                                                   of 4 February 1974
               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
 THE COUNCIL OF THE EUROPEAN COMMUNITIES                          Whereas, during the past three years for which sta­
                                                           »
                                                                  tistics are available, the corresponding imports by
                                                                  each of the Member States represent the following
                                                                 percentages of the imports into the Community from
                                                                  Spain of the products concerned :
 Having regard to the Treaty establishing the Euro­
pean Economic Community and in particular Ar­
 ticle 113 thereof;                                                                          1970      1971      1972
                                                                 Benelux                      1-4       2-2       2-8
 Having regard to the proposal from the Commission:              France                      75-4      75-7      78-0
                                                                 Germany                      4-0       5-2       6-4
                                                                 Italy                       19-2      16-9      12-8
Whereas the Agreement between the European Eco­
nomic Community and Spain, signed at Luxembourg
on 29 June 1970, provides in Article 2 ( 1 ) together           Whereas, in view of these factors, of the foreseeable
with Article 4 of Annex I, for the opening by the               development during 1974 of the market for the pro­
Community of an annual Community tariff quota                    ducts in question and in particular of the estimates
of 1 800 metric tons of other woven fabrics of cotton
                                                                 submitted by certain Member States, initial quota
falling within heading No 55.09 of the Common                   shares may be fixed approximately at the following
Customs Tariff originating in Spain ; whereas, pur­             percentages :
suant to Article 2 of the said Annex the quota dq.ty
is equal to 40 % of the Common Customs Tariff                             Benelux                            2-2
duty in respect of the product concerned; whereas the
Community tariff quota contains quota duties of                           France                            756
5-2 %, 5-6 '"/o, 5-6 %» and 6 °/o for the products falling                Germany                            5-9
within subheading Nos 55.09 A I, A II, B I and B II ;
                                                                          Italy                             16-3
                                                                Whereas to take account of future trends of imports
Whereas it is in particular necessary to ensure to all          of the product under consideration, the total quota
Community importers equal and uninterrupted access              volume should be divided into two tranches, the
to the abovementioned quota and uninterrupted                   first being shared among the Member States and the
                                                                second held as a reserve to cover at a later date the
application of the rate laid down for that quota to
all imports of the product concerned into all Member            requirements of those Member States having used up
States until the quota has been used up ; whereas,              their initial share; whereas to give Member State
having regard to the principles mentioned above, the            importers some certainty, the first of the Community
Community nature of the quota can be respected by               quota might be fixed at 75% of the quota volume ;
allocating the Community tariff quota among the
Member States; whereas to represent as closely as               Whereas the initial shares of Member States may be
possible the actual development of the market in                used up more or less quickly ; whereas, therefore, to
the products in question the allocation should follow           avoid disruption of supplies any Member State which
proportionately the requirements of the Member                  has almost used up its initial share, must draw a
States calculated from both statistics of imports from          supplementary share from the reserve ; whereas this
Spain during a representative period and the econo­             must be done by each Member State as each one of
mic outlook for the tariff period in question ;                 its supplementary shares is almost used up, and as
 ---pagebreak--- 20 . 2. 74                           Official Journal of the European Communities                                No L 48 / 1.1
many times as the reserve allows; whereas the initial               Whereas since the Kingdom of Belgium, the Kingdom
and supplementary shares must be valid until the end                of the Netherlands and the Grand Duchy of Luxem­
of the quota period; whereas this form of admini­                   bourg are jointly represented by the Benelux Eco­
stration requires close collaboration between the                   nomic Union any measure concerning the admini­
Member States and the Commission, and the Com­                      stration of the shares allocated to that economic
mission must be in a position to follow the extent to               union may be carried out by one of its members,
which the quota volume has been used up and inform
the Member States thereof;                                          HAS ADOPTED THIS REGULATION :
                                                                                              Article 1
Whereas if, at a given date in the quota period, a
considerable quantity of the initial share is left over             Until 31 December 1974, the Common Customs
in a Member State, it is essential that each state                  Tariff duties in respect of the products originating in
should return a significant proportion to the reserve,              Spain and listed below shall be partially suspended
to prevent a part of the Community qUota from                       at the levels indicated for each of them within the
remaining unused in one Member State while it could                 limits of a global Community tariff quota of 1 800
be used in others ;                                                 mertic tons :
                   CCT                                                                                    Rate
                 heading                                  Description                                    of duty
                    No                                                                                      %
                   55.09    Other woven fabrics of cotton :
                            A. Containing 85 % or more by weight of cotton :
                                 L Of a width of less than 85 cm                                           5-2
                                II. Other                                                                  5-6
                            B. Other :
                                 I. Of a width of less than 85 cm                                          5-6
                                II. Other                                                                  6
                         Article 2                                   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
 1 . A first tranche amounting to 1 350 metric tons                 without delay, by notifying the Commission, to draw
 of the Community tariff quota referred to in Article 1 ,            a second share equal to 15% of its initial share,
 shall be allocated among the Member States; the                    rounded up to the next unit where appropriate, to
 share which, subject to Article 5, shall be valid until             the extent that the amount in the reserve allows .
 31 December 1974 shall be as follows :
         Benelux                   30 metric tons
                                                                     2. If, after its initial share has been exhausted, 90%
         France                 1 020 metric tons
                                                                     or more of the second share drawn by a Member
         Germany                   80 metric tons                    State has been used, that Member State shall proceed
         Italy                    220 metric tons                    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
 2. The second tranche, of 450 metric tons, consti­                  extent that the amount in the reserve allows .
 tutes a reserve .
                                                                     3 . If, after its second share has been exhausted, 90%
                         Article 3                                   or more of the third share drawn by a Member State
                                                                     has been used up, that Member State shall in accor­
 1 . If 90% or more of the initial share of a Member                 dance with the same conditions, draw a fourth share
 State, as laid down in Article 2 ( 1 ), or 90% of that              equal to the third .
 ---pagebreak--- No L 48/12                            Official Journal of the European Communities                               20 . 2 . 74
This process shall be applied until the reserve is               The Commission shall ensure that any drawing which
exhausted .                                                      uses up the reserve is limited to the balance available
                                                                 and, for this purpose, shall specify the amount there­
4. Notwithstanding the provisions of paragraphs 1 ,              of to the Member State which makes the final
2 and 3, the Member States may proceed to draw                   drawing.
shares smaller than those fixed in those paragraphs,
if there is reason to believe that those shares might                                    Article 7
not be used up. They shall inform the Commission
of the reasons which led them to apply this                      1 . The Member States shall take all appropriate
paragraph.                                                       measures to ensure that, when additional shares are
                                                                 drawn pursuant to Article 3 , it is possible for charges
                          Article 4                              to be made, without interruption, against their accu­
                                                                 mulated shares of the Community quota.
Each of the additional shares drawn pursuant to
Article 3 shall be valid until 31 December 1974 .                2. The Member States shall ensure that importers
                                                                 of the said goods established in their territory have
                                                                 free access to the shares allocated to them .
                          Article 5
                                                                 3 . The Member States shall charge imports of the
If, by 15 September 1974, a Member State has not                 said goods against their shares as and when the goods
used up its initial share, it shall, not later than 10 Oc­       are entered for home use .
tober 1974, return to the reserve the unused portion
of this share in excess of 20% of the initial amount.            4. The extent to which a Member State has used
It may return a larger quantity if there are reasons             up its share shall be determined on the basis of the
for considering that such quantity might not be                  imports charged in accordance with paragraph 3 .
used.
                                                                                         Article 8
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               Member States shall inform the Commission at regu­
 1974 inclusive, and charged against the Community               lar intervals of imports of the said product actually
                                                                  charged against their shares.
 quota and, where appropriate, the proportion of their
 initial share that is being returned to the reserve.
                                                                                         Article 9
                          Article 6                              The Member States and the Commission shall co­
                                                                 operate closely in order to ensure that this Regulation
The Commission shall keep account of the shares                  is observed.
opened by Member States in accordance with Articles
2 and 3 and shall inform each of them of the extent                                     Article 10
 to which the reserve has been used as soon as it
 receives the notifications .
                                                                 The tariff quota laid down in this Regulation shall
                                                                  be opened for 1974.
 The Commission shall, not later than 15 October
 1974, notify Member States of the amount in the                 This Regulation shall enter into force on the third
 reserve after the return of shares pursuant to                  day following its publication in the Official Journal
 Article 5 .                                                      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