CELEX: 31976R3042
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3042/76 of 9 December 1976 opening, allocating and providing for the administration of a Community tariff quota for man-made fibres falling within heading No 56.04 of the Common Customs Tariff, originating in Malta (1977)

20. 12. 76                             Official Journal of the European Communities                          No L 350/53
                                       COUNCIL REGULATION (EEC) No 3042/76
                                                    of 9 December 1976
               opening, allocating and providing for the administration of a Community tariff quota
              for man-made fibres falling within heading No 56.04 of the Common Customs Tariff,
                                                 originating in Malta ( 1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          toms Tariff duty in respect of the products concerned ;
                                                                  whereas to comply with the special provisions of
                                                                  the said Protocol, separate arrangements should be
                                                                  made for Member States of the Community as orig­
                                                                  inally constituted on the one hand, and for the new
Having regard to the Treaty establishing the Euro­                Member Staites on the other;
pean Economic Community, and in particular Article
113 thereof,
                                                                  Whereas, since 1 January 1974, Malta has been
Having regard to the proposal from the Commission,                granted treatment no less favourable than that en­
                                                                  joyed by countries eligible for the generalized tariff
                                                                  preferences ; whereas to this end therefore the duty
                                                                  rates should be totally suspended and the quota vol­
Whereas the Agreement between the European                        ume increased to 940 metric tons for 1977; whereas,
Economic Community and Malta (1 ), signed on 5 De­                however, the Community has already opened a duty­
cember 1970, and the Protocol laying down certain                 free tariff quota of 992 metric tons for the products
provisions concerning that Agreement as a result of               in question for 1976 ; whereas therefore the quota
the accession of new Member States to the European                volume should be held at this level add the difference
Economic Community (2), provide for the opening                   between these volumes should be allocated to the
by the Community of an annual Community tariff                    two groups of Member States ;
quota of 800 metric tons of man-made fibres
(discontinuous or waste), carded, combed or other­
wise prepared for spinning, falling within heading
No 56.04 of the Common Customs Tariff, originating                W'hereas it is in particular necessary to ensure for all
in Malta ; whereas, pursuant to the joint declaration            Community importers equal and uninterrupted access
annexed to this Protocol, the tariff quota should be             to the abovementioned quota and uninterrupted ap­
allocated among the Member States as follows : 600               plication of the rate 'laid down for that quota to all
metric tons for the Community as originally consti­              imports of the product concerned into all Member
tuted and 200 metric tons for the new Member                     States until the quota has been used up ; whereas,
States ; whereas the first stage of the Agreement ends           having regard to the principles mentioned above, the
on 30 June 1977 and, pursuant to Annex I to the                  Community nature of the quota can be respected by
Agreement the pro rata temporis clause would apply                allocating the Community tariff quota among the
to the volume of the quota; whereas the Community                Member States ; whereas, in order to reflect more
intends to maintain its trading relations with Malta ;           accurately the actual development of the market in
whereas the provisions governing the second stage                the products concerned, such allocation should be in
should not be less favourable than those laid down               proportion to the needs of the Member States, as­
for the first; whereas in order not to disrupt trading           sessed by reference to both the statistics of each
patterns for the products in question, the Community             State's imports of the saiid goods from Malta over
tariff quota should be opened for the whole of 1977 ;            a representative reference period and the economic
whereas, pursuant to Annex I to the said Agreement,              outlook for the quota period concerned ;
the quota duty is equal to 30% of the Common Cus­
                                                                 Whereas, during the last three years for which stat­
                                                                  istics are available, the corresponding imports by each
                                                                  of the Member States represent the following per­
 (») OJ No L 61 , 14. 3 . 1971 , p. 2.                           centages of the imports into the Community from
(") OJ No L 111, 28. 4. 1976, p. 3.                              Malta of the products concerned :
 ---pagebreak--- No L 350/54                         Official Journal of the European Communities                              20. 12. 76
                               1973     1974       1975        entirely used up, and repeated as many times as the
                                                               reserve allows; whereas the initial and additional
Germany                         —        —          —          shares must be available for use until the end of the
                                                               quota period ; whereas this method of administration
Benelux
                                                               calls for close cooperation between Member States
                                —        —          —
France                          —        —          —
                                                               and the Commission, which must, in particular, be
                                                               able to observe the extent to which the quota amount
Italy                                              100
                                                               is used and inform Member States thereof;
                                                 (= 1 ")
                                                               Wlhereas if, at a specified date in the quota period,
Denmark                         —
                                         100        —
                                                               a considerable balance remains in one or other Mem­
                                      (= 16· )
                                                               ber State it is essential that that Memlber State pays
                                                               a large amount of it back into the reserve, in order
Ireland
                                                               to avoid a part of die Community quota remaining
                                —        —          —
United Kingdom               .  —
                                         —          —
                                                               unused in one Member State when it could be used
                                                               in others ;
(*) metric tons.
                                                               Whereas, since the Kingdom of Belgium, tihe King­
                                                               dom of the Netherlands and the Grand Duchy of
Whereas, in connection with the allocation of both             Luxembourg are united in and represented by the
the quota volumes referred to above, account must              Benelux Economic Union, any measure concerning
be taken of both these percentages and the estimates           the administration of the quota shares allocated to
from certain Member States as well as the practical            that economic union may be carried out by any of its
need to ensure that the obligations contracted under           memlbers,
the Agreement concerned are allocated fairly among
all the Member States ; whereas, initial percentage
shares in the quota volumes may consequently be
fixed approximately as follows :
                                                                HAS ADOPTED THIS REGULATION:
          Germany                               13
          Benelux                               13
           France                               18                                     Article 1
          Italy                                 56
          Denmark                               16              1. From 1 January until 31 December 1977, a Com­
                                                                munity tariff quota of 992 metric tons shall be
           Ireland                              24
                                                                opened in the Community for man-made fibres (dis­
           United Kingdom                       60              continuous or waste), carded, combed or otherwise
                                                               prepared for spinning, falling within heading No
                                                               56.04 of the Common Customs Tariff, originating
Whereas, in order to take into account import trends            in Malta .
for the products concerned in the different Member
States, the quota amounts should be divided into
two instalments, the first instalments being allocated          2. Within the limits of this tariff quota the Com­
 among the Member States and the second forming                 munity Customs Tariff duties shall be totally
 reserves intended ultimately to cover the require­             suspended.
 ments of the Member States which have used up                 This suspension shall be fully applied in the new
their initial shares ; whereas, in order to ensure a            Member States.
 certain degree of security for importers in each Mem­
ber State, the first instalments of the quotas should
                                                                3 . An amount of 771 metric tons shall be allocated
 be determined at a level which, under present cir­
 cumstances, may be approximately 60% of the quota              to the Member State of the Community as originally
                                                                constituted.
 amounts ;
                                                               4. An amount of 221 metric tons shall be allocated
Whereas the initial shares of the Member States may             to the new Member States .
 be used up at different times ; whereas, in order to
take this fact into account and avoid any break in
 continuity, it is important that any Member State
 having used up almost the whole of its initial share                                   Article 2
 should draw an additional share from the reserve;
 whereas, this must be done 'by each Member State               1 . A first instalment, amounting to 480 metric tons
 as and when each of its additional shares is almost            of the amount specified in Article 1 (3 ), shall be alio­
 ---pagebreak--- 20 . 12 . 76                          Official Journal of the European Communities                           No L 350/55
cated among the Member States of the Community                  4. Notwithstanding the provisions of paragraphs 1 ,
 as originally constituted ; the shares, which subject to       2 and 3, the Member States may proceed to draw
Article 5 are valid until 31 December 1977, shall be            shares smaller than those fixed in those paragraphs,
as follows :                                                    if there is reason to believe that they might not be
                                                                 used up . They shall inform the Commission of the
          Benelux                   63 metric tons,              reasons which led them to apply this paragraph.
          Germany                   63 metric tons,
          France                    86 metric tons,
                                                                                          Article 4
          Italy                   268 metric tons .
The second instalment of 291 metric tons shall con­             Each of the additional shares drawn pursuant to
stitute the relevant reserve.                                    Article 3 shall foe valid until 31 December 1977.
2. A first instalment, amounting to 133 metric tons
of ithe amount mentioned in Article 1 (4), shall be                                       Article 5
allocated among the new Memfoer States ; the shares,
which subject to Article 5 are valid until 31 Decem­
ber 1977, shall foe as follows :                                Member States shall return to the reserve, not later
                                                                 than 1 October 1977, the unused portion of their
          Denmark                   21 metric tons,             initial share which, on 15 September 1977, is in
          Ireland                   32 metric tons ,            excess of 20% of the initial amount. They may re­
                                                                turn a larger portion if there are grounds for believ­
          United Kingdom            80 metric tons.              ing that such portion may not foe used in full.
The second tranche of 88 metric tons shall constitute
the relevant reserve .                                          Member States shall, not later than 1 October 1977,
                                                                notify the Commission of the total imports of the
                                                                product in question effected up Co and including 15
                                                                September 1977 and charged against the Community
                          Article 3                             quota and, where appropriate, the proportion of their
                                                                initial share that is being returned to the reserve.
1 . If 90% or more of the initial share of a Member
State, as laid down in Article 2, or 90% of that share
less the amount returned into the reserve, where the
provisions oif Article 5 have been applied, has been                                      Article 6
exhausted, that Memfoer State s)hall proceed without
delay, by notifying the Commission, to draw a
 second share equal to 15% of its initial share, rounded        The Commission shall keep account of the shares
up to the next unit where appropriate, to the extent            opened by Member States in accordance with Articles
                                                                2 and 3 and shall inform eadh of them of the extent
that the amount in the relevant reserve allows .
                                                                to which the reserves have been used as soon as it
                                                                receives the notifications .
2. If, after its initial share has been exhausted, 90%
or more of the second share drawn by a Memfoer
                                                                The Commission shall, not later than 5 October 1977,
State 'has ibeen used, that Memfoer State shall, in ac­
cordance with the conditions laid down in paragraph             notify Memfoer States of the amount in the reserves
1 , proceed to draw a third share equal to 7-5% of              after the return of shares pursuant to Article 5 .
its initial share, rounded up to the next unit where
appropriate, to the extent that the amount in the               The Commission shaKl ensure that any drawing which
reserve allows.
                                                                uses up any 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, 90%          to the Memfoer State which makes the fiinal drawing.
or more of the third share drawn by a Memfoer State
has been used, that Memfoer State shall proceed, in
the same way to draw a fourth share equal to the                                          Article 7
third.
This process shall be applied until the reserves are             1 . Member States shall take all appropriate measures
exhausted.                                                      to ensure that, when additional shares are drawn
 ---pagebreak--- No L 350/56                         Official Journal of the European Communities                            20. 12. 76
pursuant to Article 3, it is possible for charges to be                                 Article 8
made without interruption against their accumulated
shares of the Community quota.                                 On receipt of a request from the Commission, Mem­
                                                               ber States shall inform it of imports actually charged
                                                               against their shares.
2. Member States shall ensure that importers of the
product concerned established in their territory have
free access to the shares allocated to them.                                             Article 9
                                                               The Member States and the Commission shall co­
3. Member States shall charge imports of the said              operate closely in order to ensure that this Regu­
goods against their shares as and when the goods are           lation is observed.
entered for home use.
                                                                                        Article 10
4. The extent to which a Memlber State has used up
its share shall be determined on the basis of the              This Regulation shall enter into force on 1 January
imports charged in accordance with paragraph 3.                1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 9 December 1976.
                                                                                 For the Council
                                                                                  The President
                                                                                P. J. J. MERTENS