CELEX: 31974R0367
Language: en
Date: 1974-02-04 00:00:00
Title: Regulation (EEC) No 367/74 of the Council of 4 February 1974 opening, allocating and providing for the administration of a Community tariff quota for certain textile fibres falling within heading No 56.04 of the Common Customs Tariff, originating in Cyprus

20. 2. 74                                Official Journal of the European Communities                             No L 48/71
                                REGULATION (EEC) No 367/74 OF THE COUNCIL
                                                       of 4 February 1974
             opening, allocating and providing for the administration of a Community tariff quota
             for certain textile fibres falling within heading No 56.04 of the Common Customs
                                                  Tariff, originating in Cyprus
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            Whereas, as regards the Community as originally
                                                                     constituted :
Having regard to the Treaty establishing the European
Economic Community and in particular Article 113
thereof ;                                                               it is necessary to ensure to all importers equal and
                                                                        uninterrupted access to the quota and uninterrup­
                                                                        ted application of the rates laid down for this quota
Having regard to the proposal from the Commission ;                     to all imports of the products concerned until the
                                                                        quota has been used up ;
Whereas the Agreement (*) establishing an Association
between the European Economic Community and the
Republic of Cyprus, hereinafter called 'the Agreement',              — in the light of the principles elicited above, the
and the Protocol (a) laying down certain provisions                     Community nature of the quota may be best
concerning that Agreement as a result of the Accession                  preserved by an arrangement allocating it among
of new Member States to the European Economic                           the Member States ; whereas in order to reflect
Community, hereinafter called 'the Protocol', provide                   more accurately the actual development of the
for the opening of an annual Community tariff quota                     market in the product concerned, such allocation
of 100 metric tons of man-made fibres (discontinuous                    should be in proportion to the needs of the Member
or waste), carded, combed or otherwise prepared for                     States, assessed by reference to both statistics
spinning, falling within heading No 56.04 of the                        of each State's imports of the said imports of the
Common Customs Tariff, originating in Cyprus ;                          said products originating in Cyprus over a repre­
whereas, pursuant to the joint declaration in Article 2                  sentative reference period and the economic
of the Protocol the tariff quota should be allocated                     outlook for the quota period concerned ;
among the Member States as follows : 70 metric tons
for the Community as originally constituted and 30
 metric tons for the new Member States ; whereas
Annex 1 to the Agreement provides that the duties                    — however, as during the past three years no such
 applicable to the quota shall be equal to 30% of the                    products originating in Cyprus have been imported
Common Customs Tariff duties ; whereas as regards                        and as no forecast can be made for 1974, an initial
the duties applicable to goods within the limits of the                  share percentage of 25% allocated to each of
                                                                         the Member States concerned would ensure a
quota by the new Member States, the special pro­
visions of the Protocol and of the Act of Accession (3)                  fair distribution among them ;
should be observed ; whereas to comply with the special
provisions of the Protocol, separate arrangements
 should be made for the Member States of the Com­
                                                                     — in order to take into account import trends for
 munity as originally constituted on the hand and for
 the new Member States on the other hand ;                               the products concerned in the different Member
                                                                         States, the quota amount should be divided into
                                                                         two tranches, the first tranche being allocated
                                                                         among the Member States and the second forming
                                                                         a reserve intended ultimately to cover the require­
                                                                         ments of those Member States which have used
 (*) OJ No L 133, 21. 5. 1973, p. 1 .                                    up their initial shares ; whereas, in order to ensure
 (2) OJ No L 133 , 21. 5. 1973 , p. 88 .                                 a certain degree of security to importers in each
 (8) OJ No L 73, 27. 3. 1972, p. 14.                                      Member State, the first tranche of the quota
 ---pagebreak--- No L 48 /72                         Official Journal of the European Communities                                2,0 . 2 . 74
   should be determined at a level which, under                     it is necessary to ensure to all importers equal and
   present circumstances , may be approximately 75 % ;              uninterrupted access to the quota and uninterrupted
                                                                    application of the rates laid down for this quota
                                                                    to all imports of the products concerned until
                                                                    the quota has been used up,
— the initial share of the Member States may be
   used up more or less quickly ; whereas , in order
   to take this fact into account and to avoid any
                                                               HAS ADOPTED THIS REGULATION :
   break in continuity, it is important that any
   Member State having almost used up its initial
   share should draw an additional share from the                                        Article 1
   reserve ; whereas this must be done by each
   Member State as and when each of its additional
                                                               Until 31 December 1974 a tariff quota of 100 metric
   shares is almost entirely used up, and repeated             tons shall be opened within the Community in respect
   as many times as the reserve allows ; whereas the
                                                               of man-made fibres (discontinuous or waste), carded,
   initial and additional shares of the quota must be
                                                               combed or otherwise prepared for spinning, falling
   available for use until the end of the quota period ;       within heading No 56.04 of the Common Customs
   whereas this method of administration calls for
                                                               Tariff, originating in Cyprus. This quota shall be
   close cooperation between Member States and                 allocated and administered in accordance with the
  the Commission which must, in particular, be                 following provisions.
   able to observe the extent to which the quota
   amount is used and inform Member States thereof ;
                                                                                        SECTION I
— if, at a specified date in the quota period, a con­
   siderable balance remains in one or other Member
   State, it is essential that that Member State pays                   Provisions applicable to the Community
   a large amount of it back into the reserve in order                          as originally constituted
  to avoid a part or one or other of the Community
  quotas remaining unused in one Member State
  when it could be used in others ;                                                      Article 2
                                                               The Common Customs Tariff duties shall be partially
— since the Kingdom of Belgium, the Kingdom of                 suspended at the rates indicated below in respect of
  the Netherlands and the Grand Duchy of Luxem­                70 metric tons of the quota referred to in Article 1 :
  bourg are united in and jointly represented by the
  Benelux Economic Union, all transactions concern­                CCT                                            Rate
  ing the administration of shares granted to the                 heading                 Description            of duty
                                                                    No                                               %
  abovementioned Economic Union may be carried
  out by any of its members ;
                                                                   56.04     Man-made fibres (discontinuous or
                                                                             waste), carded, combed or other­
                                                                             wise prepared for spinning :
Whereas as regards the new Member States :                                   A. Synthetic textile fibres           2-5
                                                                             B. Regenerated textile fibres         3-0
  pursuant to the Protocol , a gross amount of
  30 metric tons is allocated to the new Member                                          Article 3
  States ; whereas, for the purposes of the allocation of
  this amount among them, both the past and the                1 . A first tranche of 52 metric tons of the amount
  prospective future situations are the same as those         specified in Article 2 shall be allocated among the
  which faced the original Member States ; whereas,           Member States ; the shares which, subject to Article 6,
  therefore, the quota should be allocated equally            are valid until 31 December 1974, shall be as follows :
  among the new Member States ;
                                                                             Benelux            13 metric tons
                                                                             Germany            13 metric tons
  the quota duties are to be calculated by the new                                              13 metric tons
                                                                             France
  Member States in accordance with Articles 3 , 4, 5,
  6 and 7 of the Protocol ;                                                  Italy              13 metric tons
 ---pagebreak--- 20 . 2. 74                           Official Journal of the European Communities                              No L 48 /73
2. The second tranche, of 18 metric tons shall                  September 1974, and charged against the Community
constitute the reserve .                                        quota and, where appropriate, the proportion of
                                                                their initial share that is being returned to the reserve.
                         Article 4
                                                                                          Article 7
1 . If 90% or more of the initial share of a Member
State laid down in Article 3 ( 1 ), or 90% of that share        The Commission shall keep account of the shares
less the amount returned into the reserve where the             opened by Member States in accordance with
provisions of Article 6 have been applied, has been             Articles 3 and 4 and shall inform each State of the
exhausted, that Member State shall proceed without              extent to which the reserve has been used up as soon
delay, by notifying the Commission, to draw a second            as it receives the notifications .
share, equal to 15% of its initial share, rounded up
to the next unit.
                                                                The Commission shall, not later than 15 October
                                                                 1974, notify the Member States of the amount in
2. If, after its initial share has been exhausted, 90%           reserve after the return of shares pursuant to Article 6.
or more of the second share drawn up by a Member
State has been used, that Member State shall proceed,
in accordance with the conditions laid down in para­             The Commission shall ensure that any drawing
graph 1 , to draw a third share, equal to 7-5% of its            which uses up the reserve is limited to the balance
initial share, rounded up to the next unit where                 available and for this purpose shall specify the amount
                                                                 thereof to the Member State which makes the last
 appropriate, to the extent that the reserve is sufficient.
                                                                 drawing.
3 . If, after its second share has been exhausted, 90%
 or more of the third share drawn by a Member State                                       Article 8
 has been used, that Member State shall proceed, in
 the same way fourth share equal to the third .
                                                                 The Member States shall take all appropriate measures
                                                                 to ensure that when additional shares are drawn
 This process shall be applied until the reserve is              pursuant to Article 4 it is possible for charges to be
 exhausted.                                                      made, without interruption, against their accumulated
                                                                 shares of the Community quota.
 4. Notwithstanding paragraphs 1,2 and 3 , the Mem­
 ber States may proceed to draw shares smaller than
  those fixed in • those paragraphs if there is reason to
 believe that they might not be used up . They shall                                    SECTION II
 inform the Commission of the reasons which led
 them to apply this paragraph.
                                                                    Provisions applicable to the new Member States
                          Article 5
  Each of the additional shares drawn pursuant to                                          Article 9
  Article 4 shall be valid until 31 December 1974.
                                                                  Within the limits of the tariff quota referred to in
                                                                  Article 1 , the new Member States shall apply the
                          Article 6                               duties laid down in the relevant provisions of the
                                                                  Act of Accession, the Agreement and the Protocol.
  If, by 15 September 1974, a Member State has not
  used up its initial share, it shall not later than 10
                                                                                          Article 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 is reason to           Within the quota, 30 metric tons shall be allocated to
  believe that such quantity might not be used.                   the new Member States as follows :
                                                                              Denmark             10 metric tons
  The Member States shall, not later than 10 October
                                                                              Ireland             10 metric tons
  1974, notify to the Commission of the total imports
  of the said goods effected up to and including 15                           United Kingdom 10 metric tons
 ---pagebreak--- No L 48/74                        Official Journal of the European Communities                            20. 2. 74
                      SECTION III                                                   Article 12
                                                             Member States shall inform the Commission at
                  General provisions                         regular intervals of imports of the said^products
                                                             actually charged against their shares.
                       Article 11                                                   Article 13
                                                             Member States and the Commission shall cooperate
1 . Member States shall ensure that importers of the         closely in order to ensure that this Regulation is
said goods established in their territory have free          observed.
access to the share allocated to them.
                                                                                    Article 14
2. Member States shall charge imports of the said
goods against their shares as and when the goods are         The tariff quota laid down in this Regulation shall be
entered for home use.                                        opened for 1974.
3 . The extent to which a Member State has used              This Regulation shall enter into force on the third
up its share shall be determined on the basis of the         day following its publication in the Official Journal
imports charged 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