CELEX: 31974R0366
Language: en
Date: 1974-02-04 00:00:00
Title: Regulation (EEC) No 366/74 of the Council of 4 February 1974 opening, allocating and providing for the administration of a Community tariff quota for men's and boys' outer garments falling within heading No 61.01 of the Common Customs Tariff, originating in Malta

No L 48/68                         Official Journal of the European Communities                              20 . 2 . 74
                             REGULATION (EEC) No 366/74 OF THE COUNCIL
                                                 of 4 February 1974
              opening, allocating and providing for the administration of a Community tariff quota
              for men's and boys' outer garments falling within heading No 61.01 of the Common
                                          Customs Tariff, originating in Malta
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                      ment should be confined to the original Member States
                                                               and the additional volume of 150 metric tons resulting
                                                               from the increase should be allocated to all Member
Having regard to the Treaty establishing the European          States ;
Economic Community and in particular Article 113
thereof ;                                                      Whereas it is in particular necessary to ensure to all
                                                               Community importers equal and uninterrupted access
                                                               to the abovementioned quota and uninterrupted
Having regard to the proposal from the Commission ;            application of the rate laid down for that quota to
                                                               all imports of the product concerned into all Member
                                                               States until the quota has been used up ; whereas,
Whereas the Agreement between the European Econo­              having regard to the principles mentioned above, the
mic Community and Malta , signed at Valetta on                 Community nature of the quota may be respected
5 December 1970, provides in Article 3 ( 1 ) together          by allocating the Community tariff quota among the
with Article 2 of Annex I for the opening by the Com­          Member States ; whereas , in order to reflect more
munity of an annual Community tariff quota of 300              accurately the actual development of the market in
metric tons of men's and boys ' outer garments falling         the product concerned, such allocation should be in
within heading No 61.01 of the Common Customs                  proportion to the needs of the Member States ,
Tariff, originating in Malta ; whereas, pursuant to            assessed by reference to both the statistics of each
Article 1 of the said Annex, the quota duty is equal           State's imports of the said goods from Malta over a
to 30 % of the Common Customs Tariff duty in respect           representative period and the economic outlook for
of the product concerned ; whereas , with a view to            the quota period concerned ;
granting Malta a treatment not less favourable than
that enjoyed by countries eligible for the Generalized         Whereas , during the past three years for which
System of Preferences , the abovementioned volume              statistics are available, the corresponding imports by
should be increased by 50% and the duties totally              each of the Member States represent the following
suspended ; whereas , as regards the allocation of this        percentages of the imports into the Community from
tariff quota, the quota volume laid down in the Agree­         Malta of the products concerned :
                                                     1970                   1971                1972
              Germany                           56-8      25-6        42-7       24-8      55-5      43-4
              Benelux                           23-7      10-7        44-6        26-0     27-3      21-4
              France                             6-6       2-9          7-1        4-2     11-7       9-2
              Italy                             12-9       5-8          5-6        3-2      5-5       4-2
              Denmark                                      6-9                    11-7                7-6
              Ireland                                      0-4                     0-3                0-2
              United Kingdom                              47-7                   29-8                14-0
 ---pagebreak---  20 . 2 . 74                       Official Journal of the European Communities                             No L 48 / 69
Whereas both these percentages and the estimates              administration of shares granted to the abovemen­
from certain Member States should be taken into               tioned Economic Union may be carried out by any of
account for the purposes of allocating the two above­         its members ,
mentioned quota amounts ; whereas, initial quota
shares may consequently be fixed approximately as
follows :
                                                              HAS ADOPTED THIS REGULATION :
             Benelux                   22-0
             Denmark                     3-1                                           Article 1
             Germany                   48-3
             France                      9-3                  1 . Until 31 December 1974, a Community tariff
             Ireland                     0-4                  quota of 450 metric tons shall be opened in the
             Italy                       6-6                  Community for men's and boys ' outer garments
                                                              falling within heading No 61.01 of the Common
             United Kingdom             10-0
                                                              Customs Tariff .
Whereas, in order to take into account import trends          2. Within the limits of this tariff quota the Com­
for the products concerned in the different Member            munity Customs Tariff duties shall be totally sus­
States, the quota amount should be divided into two           pended .
tranches, the first tranche being allocated among the
Member States, and the second forming a reserve
intended ultimately to cover the requirements of the          This suspension shall be fully applied in the new
                                                              Member States .
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 State,                                  Article 2
the first tranche of the Community quota should be
determined at a level which, under present circum­
stances , may be 65% of the quota amount ;                    1 . A first tranche amounting to 290 metric tons of
                                                              the Community tariff quota referred to in Article 1
                                                              shall be shared among the Member States ; the
Whereas the initial shares of the Member States may           proportions which, subject to Article 5 , shall be
be used up at different times ; whereas, in order to          valid until 31 December 1974 shall consist of the
take this fact into account and avoid any break in            following amounts :
continuity, it is important that any Member State
having used up almost the whole of its initial share                      Benelux            64 metric tons
should draw an additional share from the reserve ;                        Denmark             9 metric tons
whereas, this must be done by each Member State                           France             27 metric tons
as and when each of its additional shares is almost
entirely used up , and repeated as many time as the                       Germany          141 metric tons
reserve allows ; whereas the initial and additional                       Ireland             1 metric ton
quota shares must be available for use until the end                      Italy              19 metric tons
of the quota period ; whereas this method of ad­                          United Kingdom 29 metric tons
ministration calls for close cooperation between
Member States and the Commission, which must,                 2 . The second tranche of 160 metric tons shall
in particular, be able to observe the extent to which         constitute the reserve .
the quota amount is used and inform Member States
thereof ;
                                                                                       Article 3
Whereas if, at a specified date in the quota period, a
considerable balance remains in one or other Member           1 . If 90% or more of the initial share of a Member
State it is essential that that Member State pays a           State, as laid down in Article 2, or 90% of that share
large amount of it back into the reserve, in order to         less the amount returned into the reserve, where the
avoid a part of the Community quota remaining                 provisions of Article 5 have been applied, has been
unused in one Member State when it could be used              exhausted, that Member State shall proceed without
in others ;                                                   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
Whereas, since the Kingdom of Belgium, the Kingdom            the amount in the reserve allows .
of the Netherlands and the Grand Duchy of Luxem­
bourg are united in and represented by the Benelux            2. If, after its initial share has been exhausted,
Economic Union, all transactions concerning the               90% or more of the second share drawn by a Member
 ---pagebreak---   No L 48/70                          Official Journal of the European Communities                               20. 2. 74
 State has been used, that Member State shall, in                The Commission shall, not later than 15 October
 accordance with the conditions laid down in para­                1974, notify Member States of the amount in the
 graph 1 , proceed to draw a third share equal to                reserve after the return of shares pursuant to Article 5.
 7'5% of its initial share, rounded up to the next unit
 where appropriate, to the extent that the amount in             The Commission shall ensure that any drawing which
 the reserve allows .                                            uses up the reserve is limited to the balance available
                                                                 and, for this purpose, shall specify the amount thereof
 3 . If, after its second share has been exhausted,              to the Member State which makes the final drawing.
 90% or more of the third share drawn by a Member
 State has been used, that Member State shall proceed,                                   Article 7
 in the same way to draw a fourth share equal to the
 third.
                                                                 1 . The Member States shall take all appropriate
 This process shall be applied until the reserve is              measures to ensure that, when additional shares are
 exhausted.                                                      drawn pursuant to Article 3 , it is possible for charges
                                                                 to be made without interruption against their accumu­
 4. Notwithstanding the provisions of paragraphs 1 ,             lated shares of the Community quota.
 2 and 3, the Member States may proceed to draw
 shares smaller than those fixed in those paragraphs,            2. The Member States shall ensure that importers
 if there is reason to believe that they might not be            of the product concerned established in their territory
 used up. They shall inform the Commission of the                have free access to the shares allocated to them .
 reasons which led them to apply this paragraph.
                                                                 3 . The Member States shall charge imports of the
                          Article 4                              said goods against their share as and when the goods
                                                                 are entered for home use.
 Each of the additional shares drawn pursuant to
 Article 3 shall be valid until 31 December 1974.
                                                                4. The extent to which a Member State has used
                                                                 up its share shall be determined on the basis of the
                          Article 5                             imports charged in accordance with paragraph 3 .
 If, by 15 September 1974, a Member State has not                                        Article 8
 used up its initial share, it shall, not later than 10
 October 1974, return to the reserve the unused                 Member States shall inform the Commission at
portion of this share in excess of 20% of the initial           regular intervals of imports actually charged against
 amount. It may return a larger quantity if there is            their shares .
reason to believe that such quantity might not be
used.
                                                                                         Article 9
The Member States shall, not later than 10 October
 1974, notify the Commission of the total imports of
the product concerned effected up to 15 September               The Member States and the Commission shall
1974 inclusive, and charged against the Community               cooperate closely in order to ensure that this Regu­
quota and, where appropriate, the proportion of                 lation is observed.
their initial share that is being returned to the reserve.
                                                                                        Article 10
                         Article 6
                                                                The tariff quota laid down in this Regulation shall
The Commission shall keep account of the shares                 be opened for 1974.
opened by Member States in accordance with Articles
2 and 3 and shall inform each of them of the extent             This Regulation shall enter into force on the third
to which the reserve has been used as soon as it                day following its publication in the Official Journal
receives the notifications .                                    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