CELEX: 31974R2914
Language: en
Date: 1974-11-18 00:00:00
Title: Regulation (EEC) No 2914/74 of the Council of 18 November 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

26 . 11 . 74                      Official Journal of the European Communities                            No L 315 / 1
                                                          I
                                      (Acts whose publication is obligatory )
                            REGULATION (EEC) No 2914/74 OF THE COUNCIL
                                               of 18 November 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 ,                    to the abovementioned quota and uninterrupted
                                                             application of the rate laid down for that quota to
                                                             all imports of the product concerned into all Member
Having regard to the Treaty establishing the European        States until the quota has been used up ; whereas,
Economic Community and in particular Article 113             having regard to the principles mentioned above, the
thereof ;                                                    Community nature of the quota can be respected
                                                             by allocating the Community tariff quota among the
                                                             Member States ; whereas, to represent as closely as
Having regard to the proposal from the Commission ;          possible the actual trend of the market in the products
                                                             in question, the allocation should follow propor­
                                                             tionately the requirements of the Member States
Whereas the Agreement between the European                   calculated from both statistics of imports from Spain
Economic Community and Spain, signed at Luxem­               during a representative period and the economic
 bourg on 29 June 1970, provides in Article 2 ( 1 ),         outlook for the tariff period in question ;
together with Article 4 of Annex I, for the opening
by the Community of an annual Community tariff
quota of 1 800 metric tons of other woven fabrics            Whereas, during the last three years for which
of cotton falling within heading No 55.09 of the             statistics are available, the corresponding imports by
Common Customs Tariff, originating in Spain ;                each of the Member States represent the following
whereas, pursuant to Article 2 of the said Annex,            percentages of the imports into the Community from
the quota duty is equal to 40% of the Common                 Spain of the products concerned :
Customs Tariff duty in respect of the product
concerned ; whereas the Community tariff quota
contains quota duties of 5-2% , 5-6% , 5-6% and 6%                                         1971     1972       1973
for the products falling within subheadings 55.09 A I,
A II, B I and B II ;                                         Germany                        5-2       6-4       2-4
                                                             Benelux                        2-2       2-8       9-8
Whereas the Community tariff quota in question               France                       75-7      78-0      47-1
should be opened for the year 1975 ; and whereas,
however, because of the possibility of implementing          Italy                         16-9      12-8     40-7
other preferential arrangements as a result of a new
Agreement between the European Economic
Community and Spain, it is necessary to limit the
quota period to the date on which the new Agree­
ment enters into force ;                                     Whereas, in view of these factors of the foreseeable
                                                             development of the market for the products in
                                                             question and in particular of the estimates submitted
Whereas it is in particular necessary to ensure to all       by certain Member States, initial quota shares may
 Community importers equal and uninterrupted access          be fixed approximately at the following percentages :
 ---pagebreak--- No L 315/2                              Official Journal of the European Communities                                  26 . 11.74
        Germany                                     6                 to which the quota volume has been used up and
        Benelux                                     6                 inform the Member States thereof ;
         France                                    68                 Whereas if, at a given date in the quota period, a
         Italy                                     20                 considerable quantity of the initial share is left over
                                                                      in a Member State, it is essential that each State
                                                                      should return a significant proportion to the reserve
Whereas, to take account of future import trends in                   to prevent a part of the Community quota from
the various Member States of the product under                        remaining unused in one Member State when it
                                                                      could be used in others ;
consideration, the total quota volume should be
divided into two tranches, the first being shared                     Whereas since the Kingdom of Belgium, the Kingdom
among the Member States and the second held as a                      of the Netherlands and the Grand Duchy of Luxem­
reserve to cover at a later date the requirements of                  bourg are jointly represented by the Benelux
those Member States having used up their initial                      Economic Union any measure concerning the
share ; whereas to give Member State importers some                   administration    of   the   shares   allocated  to    that
certainty, the first of the Community quota might                     Economic Union may be carried out by any one of
be fixed at 75% of the quota volume ;                                 its members,
Whereas the initial shares of Member States may                       HAS ADOPTED THIS REGULATION :
be used up more or less quickly ; whereas, therefore,
to avoid disruption of supplies any Member State                                               Article 1
which has almost used up its initial share must draw
a supplementary share from the reserve ; whereas this                 From 1 January 1975 until the date of entry into
must be done by each Member State as each one of                       force of a new Agreement between the European
its supplementary shares is almost used up, and as                     Economic Community and Spain but not later than
many times as the reserve allows ; whereas the initial                 31 December 1975 , the Common Customs Tariff
and supplementary shares must be valid until the                       duties in respect of the products originating in Spain
end of the quota period; whereas this form of admin­                  and listed below shall be partially suspended at the
istration requires close collaboration between the                    levels indicated for each of them within the limits
Member States and the Commission, and the Com­                         of a global Community tariff quota of 1 800 metric
mission must be in a position to follow the extent                    tons :
                    CCT
                  heading                                                                              Rate of duty
                                                            Description                                     %
                     No
                   55.09         Other woven fabrics of cotton :
                                 A. Containing 85 % ot more by weight of cotton
                                     I. 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                                            Germany                    80 metric tons
                                                                               Benelux                    80 metric tons
 1 . A first tranche amounting to 1 350 metric tons                            France                    920 metric tons
 of the Community tariff quota referred to in Article 1
shall be allocated among the Member States ; the                               Italy                    270 metric tons
 share which, subject to Article 5 , shall be valid until
the end of the period specified in Article 1 shall be                  2 . The second tranche, of 450 metric tons, shall
 as follows :                                                          constitute the reserve.
 ---pagebreak--- 26 . 11.74                           Official Journal of the European Communities                             No L 315 /3
                           Article 3                            the products concerned effected up to 15 September
                                                                1975 inclusive and charged against the Community
1 . If 90% or more of the initial share of a Member             quota and, where appropriate, the proportion of
State, as laid down in Article 2 (1 ), or 90% of that           their initial share that is being returned to the reserve.
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                                      Article 6
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 .              The Commission shall keep account of the shares
                                                                opened by Member States in accordance with Articles
2. If, after its initial share has been exhausted, 90%          2 and 3 and shall inform each of them of the extent
or more of the second share drawn by a Member                   to which the reserve has been used as soon as it
State has been used, that Member State shall proceed            receives the notifications .
without delay, by notifying the Commission, to draw
a third share equal to 7-5% of its initial share,               The Commission shall , not later than 15 October
rounded up to the next unit where appropriate, to               1975 , notify Member States of the amount in the
the extent that the amount in the reserve allows .              reserve after the return of shares pursuant to
                                                                Article 5 .
3 . If, after its second share has been exhausted, 90%
or more of the third share drawn by a Member State              The Commission shall ensure that any drawing
has been used up, that Member State shall in                    which uses up the reserve is limited to the balance
accordance with the same conditions draw a fourth               available and, for this purpose, shall specify the
                                                                amount thereof to the Member State which makes
share equal to the third .
                                                                 the final drawing.
This process shall be applied until the reserve is
exhausted .
                                                                                          Article 7
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,             1 . The Member States shall take all appropriate
if there is reason to believe that those shares might            measures to ensure that, when additional shares are
not be used up . They shall inform the Commission                drawn pursuant to Article 3 , it is possible for charges
of the reasons which led them to apply this para­               to be made, without interruption, against their
 graph.                                                          accumulated shares of the Community quota.
                                                                 2. The Member States shall ensure that importers
                           Article 4                             of the said goods established in their territory have
                                                                 free access to the shares allocated to them.
Each of the additional shares drawn pursuant to
Article 3 shall be valid until the end of the period
                                                                 3 . The Member States shall charge imports of the
 stipulated in Article 1 .
                                                                 said goods against their shares as and when the
                                                                 goods are entered for home use.
                           Article 5
                                                                 4. The extent to which a Member State has used up
                                                                 its share shall be determined on the basis of the
 If, by 15 September 1975 , a Member State has not               imports charged in accordance with paragraph 3 .
used up its initial share, it shall, not later than
 10 October 1975 , 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 for considering that such quantity might not                                      Article 8
 be used.
                                                                 Member States shall       inform   the  Commission     at
The Member States shall , not later than 10 October              regular intervals of imports of the said product
 1975, notify the Commission of the total imports of             actually charged against their shares.
 ---pagebreak--- No L 315/4                         Official Journal of the European Communities                         26 . 11.74
                        Article 9                                                  Article 10
The Member       States  and   the Commission      shall
cooperate closely in order to ensure that this Regula-        This Regulation shall enter into force on 1 January
tion is observed .                                            1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 18 November 1974.
                                                                                For the Council
                                                                                 The President
                                                                                 Ch . BONNET