CELEX: 31974R2918
Language: en
Date: 1974-11-18 00:00:00
Title: Regulation (EEC) No 2918/74 of the Council of 18 November 1974 opening, allocating and providing for the administration of a Community tariff quota for man-made fibres (discontinuous or waste), carded, combed or otherwise prepared for spinning falling within heading No 56.04 of the Common Customs Tariff, originating in Malta

26 . 11.74                          Official Journal of the European Communities                             No L 315 / 15
                              REGULATION (EEC ) No 2918/74 OF THE COUNCIL
                                                of 18 November 1974
              opening, allocating and providing for the administration of a Community tariff quota
              for man-made fibres (discontinuous or waste), carded, combed or otherwise prepared
              for spinning falling within heading No 56.04 of the Common Customs Tariff, originating
                                                         in Malta
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         laid down in the Agreement should be confined to
                                                                  the original Member States and the additional
                                                                  volume of 300 metric tons resulting from the increase
Having regard to the Treaty establishing the                      should be allocated to all Member States ;
European Economic Community, and in particular
Article 113 thereof ;
                                                                  Whereas it is in particular necessary to ensure to
                                                                  all Community importers equal and uninterrupted
Having regard to the proposal from the Com­
                                                                  access to the abovementioned quota and uninter­
mission ;
                                                                  rupted application of the rate laid down for that
                                                                  quota to all imports of the product concerned into
Whereas the Agreement between the European                        all Member States until the quota has been used
Economic Community and Malta, signed at Valetta                   up ; whereas, having regard to the principles
on 5 December 1970, provides in Article 3 ( 1 ),                  mentioned above, the Community nature of the
together with Article 2 of Annex I, for the opening               quota can be respected by allocating the Community
by the Community of an annual Community tariff                    tariff quota among the Member States ; whereas, in
quota of 600 metric tons of man-made fibres                       order to reflect more accurately the actual develop­
( discontinuous or waste), carded, combed, or other­              ment of the market in the product concerned, such
wise prepared for spinning falling within heading                 allocation should be in proportion to the needs of
No 56.04 of the Common Customs Tariff,                            the Member States, assessed by reference to both the
originating in Malta ; whereas, pursuant to Article 1             statistics of each State's imports of the said goods
of the said Annex, the quota duty is equal to 30 %                from Malta over a representative period and the
of the Common Customs Tariff duty in respect of                   economic outlook for the quota period concerned ;
the product concerned ; whereas, with a view to
granting Malta a treatment not less favourable than
generalized system of preferences, the above­                     Whereas , during the last three years for which
mentioned volume should be increased by 50% and                   statistics are available, the corresponding imports by
the duties totally suspended ; whereas, as regards                each of the Member States represent the following
and the duties totally suspended ; whereas, as regards            percentages of the imports into the Community from
the allocation of this tariff quota, the quota volume             Malta of the products concerned :
                                                    1971                     1972                1973
              Cermany                           —           —            —
                                                                                   —          —        —
             Benelux                            7-7         1. -7        —         —          —        —
             France                             —           —            —         —          —
              Italy                            92-3        20-3         100       66· 8       —        —
             Denmark                                        —                      —          —        —
             Ireland                                       10-4                   15-5        —        —
             United Kingdom                                67 -6                  17-7        —        —
 ---pagebreak---  No L 315 / 16                     Official Journal of the European Communities                               26 . 11 . 74
Whereas, both these percentages and the estimates             Benelux Economic Union, all transactions concerning
from certain Member States as well as the practical           the administration of shares granted to the
need to ensure that the obligations contracted under          abovementioned Economic Union may be carried out
the Agreement concerned are allocated fairly among            by any one of its members,
all the Member States ; whereas, initial quota shares
may consequently be fixed approximately as follows :
                                                              HAS ADOPTED THIS REGULATION :
          Benelux                           10-0
          Denmark                             3-3
                                                                                        Article 1
          France                             13-3
          Germany                            10-0              1 . From 1 January to 31 December 1975, a Com­
          Ireland                             5-0             munity tariff quota of 900 metric tons shall be
                                                              opened in the Community for man-made fibres
        ■ Italy                             41-8              (discontinuous or waste), carded, combed or
          United Kingdom                    16-6              otherwise prepared for spinning falling within
                                                              heading No 56.04 of the Common Customs Tariff,
Whereas, in order to take into account import trends          originating in Malta.
for the products concerned in the different Member
States, the quota amount should be divided into two           2. Within the limits of this tariff quota the Com­
tranches, the first tranche being allocated among the         munity Common Customs Tariff duties shall be
Member States and the second forming a reserve                totally suspended.
intended ultimately to cover the requirements of the
Member States which have used up their initial                This suspension shall be fully applied in the new
shares ; whereas, in order to ensure a certain degree         Member States .
 of security to importers in each Member State, the
first tranche of the Community quota should be
                                                                                        Article 2
 determined at a level which, under present circum­
 stances, may be approximately 65% of the quota
 amount ;
                                                               1.  A first tranche of 575 metric tons of the Com­
                                                              munity tariff quota referred to in Article 1 shall be
                                                              shared among the Member States ; the proportions
 Whereas the initial shares of the Member States may          which, subject to Article 5 , shall be valid until
 be used up at different times ; whereas, in order to         31 December 1975 shall consist of the following
 take this fact into account and avoid any break in            amounts :
 continuity, it is important that any Member State
 having used up almost the whole of its initial share                  Benelux                    60 metric tons
 should draw an additional share from the reserve ;
                                                                       Denmark                    20 metric tons
 whereas, this must be done by each Member State as
 and when each of its additional shares is almost                      France                     80 metric tons
 entirely used up, and repeated as many times as the                   Germany                    60 metric tons
 reserve allows ; whereas the initial and additional
 shares must be available for use until the end of                     Ireland                    30 metric tons
 the quota period ; whereas this method of                             Italy                    250 metric tons
 administration calls for close cooperation between
 Member States and the Commission, which must, in                      United Kingdom             75 metric tons
 particular, be able to observe the extent to which
 the quota amount is used and inform Member States            2 . The second tranche of 325 metric tons shall
 thereof;                                                      constitute the reserve .
 Whereas if, at a specified date in the quota period,                                   Article 3
 a considerable balance remains in one or other
 Member State it is essential that that Member State
                                                               1 . If 90% or more of the initial share of a Member
 pays a large amount of it back into the reserve to            State, as laid down in Article 2 ( 1 ), or 90% of that
 prevent a part of the Community quota from                    share less the amount returned into the reserve,
 remaining unused in one Member State when it                  where the provisions of Article 5 have been applied,
  could be used in others ;
                                                               has been exhausted, that Member State shall proceed
                                                               without delay, by notifying the Commission, to draw
 Whereas, since the Kingdom of Belgium, the King­              a second share equal to 15% of its initial share,
 dom of the Netherlands and the Grand Duchy of                 rounded up to the next unit where appropriate, to
 Luxembourg are united in and represented bv the               the extent that the amount in the reserve allows .
 ---pagebreak--- 26 . 11 . 74                           Official Journal of the European Communities                               No L 315 / 17
2. If, after its initial share has been exhausted, 90%            Articles 2 and 3 and shall inform each of them of the
or more of the second share drawn by a Member                     extent to which the reserve has been used as soon
State has been used, that Member State shall, in                  as it receives the notifications .
accordance     with     the   conditions   laid   down    in
paragraph 1 , procee4 to draw a third share equal                 The      Commission         shall,     not      later    than
to 7-5% of its initial share, rounded up to the next              15 October 1975 , notify Member States of the
                                                                  amount in the reserve after the return of shares
unit where appropriate, to the extent that the amount
in the reserve allows .                                           pursuant to Article 5 .
                                                                  The Commission shall ensure that any drawing
3 . If, after its second share has been exhausted,                which uses up the reserve is limited to the balance
90% or more of the third share drawn by a Member                  available and, for this purpose, shall specify the
State has been used, that Member State shall                      amount thereof to the Member State which makes
proceed, in the same way, to draw a fourth share                  the final drawing.
equal to the third.
                                                                                            Article 7
This process shall be applied until the reserve is
exhausted .
                                                                  1 . The Member States shall take all appropriate
4. Notwithstanding the provisions of paragraphs 1 ,               measures to ensure that, when additional shares are
2 and 3 , the Member States may proceed to draw                   drawn pursuant to Article 3 , it is possible for charges
shares smaller than those fixed in those paragraphs,              to be made without interruption against their
if there is reason to believe that they might not be              accumulated shares of the Community quota.
used up . They shall inform the Commission of the
reasons which led them to apply this paragraph.                   2. The Member States shall ensure that importers
                                                                  of the product concerned established in their
                           Article 4
                                                                  territory have free access to the shares allocated to
                                                                  them .
Each of the additional shares drawn pursuant to
Article 3 shall be valid until 31 December 1975 .                 3 . The Member States shall charge imports of the
                                                                  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
If, by 15 September 1975 , a Member State has not                 up its share shall be determined on the basis of
used up its initial share, it shall, not later than               the imports charged in accordance with paragraph 3 .
 10 October 1975 , return to the reserve the unused
portion of this share in excess of 20% of the initial                                       Article 8
 amount. It may return a larger quantity if there
 is reason to believe that such quantity might not be             Member States       shall   inform    the   Commission      at
 used.
                                                                  regular intervals of imports actually charged against
                                                                  their shares .
The Member States shall, not later than
 10 October 1975 , notify the Commission of the total
 imports of the product in question effected up to                                          Article 9
 and including 15 September 1975 and charged
                                                                  The     Member     States    and   the   Commission      shall
 against the Community quota and, where appro­
 priate, the proportion of their initial share that is            cooperate closely in order to ensure that this
 being returned to the reserve.                                   Regulation is observed .
                            Article 6                                                       Article 10
 The Commission shall keep account of the shares                  This Regulation         shall    enter     into    force    on
 opened by Member States in accordance with                        1 January 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