CELEX: 31976R3044
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3044/76 of 9 December 1976 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 (1977)

20. 12. 76                            Official Journal of the European Communities                          No L 350/61
                                      COUNCIL REGULATION (EEC) No 3044/76
                                                   of 9 December 1976
               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 ( 1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         ments should be made for Member States of the
                                                                 Community as originally constituted on the one
                                                                 hand, and for the new Member States on the other:
Having regard to the Treaty establishing the Euro­
pean Economic Community, and in particular Article
113 thereof,                                                     Whereas, since 1 January 1974, Malta has            been
                                                                 granted treatment no less favourable than            that
                                                                 enjoyed by countries eligible for the generalized  tariff
Having regard to the proposal from the Commission,               preferences ; whereas to this end therefore the     duty
                                                                 rates should be totally suspended and the quota
                                                                 volume increased to 815 metric tons for the year
Whereas the Agreement between the European                        1977, of which 364 metric tons should be allocated
Economic Community and Malta ( x ), signed on                    to the Member States of the Community as originally
5 December 1970, and the Protocol laying down                    constituted and 451 metric tons to the new Member
certain provisions concerning that Agreement as a                States ;
result of the accession of new Member States to the
European Economic Community (2), provide for the
opening by the Community of an annual Community                  Whereas it is in particular necessary to ensure for
tariff quota of 730 metric tons of men's and boys'               all Community importers equal and uninterrupted
outer garments falling within heading No 61.01 of                access to the abovementioned quota and uninter­
the Common Customs Tariff, originating in Malta;                 rupted application of the rate laid down for that
whereas, pursuant to the joint declaration annexed               quota to all imports of the products concerned into
to this Protocol, the tariff quota should be allocated           all Member States until the quota has been used up ;
among the Member States as follows : 300 metric                  whereas, having regard to the principles mentioned
tons for the Community as originally constituted                 above, the Community nature of the quota may be
and     430   metric    tons    for  the   new    Member         respected by allocating the Community tariff quota
States ; whereas the first stage of the Agreement ends           among the Member States ; whereas, in order to
on 30 June 1977 and, pursuant to Annex I to the                  reflect more accurately the actual development of the
Agreement the pro rata temporis clause would apply               market in the products concerned, such allocation
to the volume of the quota ; whereas the Community               should be in proportion to the needs of the Member
intends to maintain its trading relations with Malta ;           States, assessed by reference to both the statistics
whereas the provisions governing the second stage                of each State's imports of the said goods from Malta
should not be less favourable than those laid down               over a representative reference period and the
for the first; whereas in order not to disrupt trading           economic outlook for the quota period concerned ;
patterns for the products in question, the Com­
munity tariff quota should be opened for the whole
of 1977; whereas, pursuant to Annex I to the said                Whereas during the last three years for which stat­
Agreement, the quota duty is equal to 30% of the                 istics are available, the corresponding imports by each
Common Customs Tariff duty in respect of the prod­               of the Member States represent the following
ucts concerned; whereas to comply with the special               percentages of the imports into the Community from
provisions of the said Protocol, separate arrange­               Malta of the products concerned :
 H OJ No L 61 , 14. 3. 1971 , p. 2.
 (*) OJ No L 111, 28. 4. 1976, p. 3.
 ---pagebreak--- No L 350/62                         Official Journal of the European Communities                            20. 12. 76
                             1973      1974       1975
                                                               States and the Commission, which must, in
                                                               particular, be able to observe the extent to which the
                                                               quota amount is used and inform Member States
Germany                      31-0      16-2       42-9
                                                               thereof;
Benelux                      35-1      45-5       12-1
France                       11-9      22-9       38-8         Whereas if, at a specified date in the quota period,
                                                               a considerable balance remains in one or other
Italy                        22-0      15-4        6-2
                                                               Member State it is essential that that Member State
                                                               pays a large amount of it back into the reserve,
Denmark                      77-4      60-9       45-4
                                                               in order to avoid a part of the Community quota
                                                               remaining unused in one Member State when it
Ireland                       0-5       0-7        2*3         could be used in others ;
United Kingdom               22-1      38-4       52-3
                                                               Whereas, since the Kingdom of Belgium, the
                                                               Kingdom of the Netherlands and the Grand Duchy
                                                               of Luxembourg are united in and represented by the
Whereas in view of these factors, of the foreseeable           Benelux Economic Union, any measure concerning
 development during 1977 of the market for the                 the administration of the quota shares allocated to
products in question and in particular of the estimates        that economic union may be carried out by any of its
submitted by certain Member States, initial percentage         members,
shares in the quota volumes may consequently be
 fixed approximately as follows :
        Germany                                65
                                                               HAS ADOPTED THIS REGULATION :
        Benelux                                18
        France                                 13
        Italy                                   4                                     Article 1
        Denmark                                35
        Ireland                                 1
                                                               1 . From 1 January until 31 December 1977, a tariff
        United Kingdom                         64              quota of 815 metric tons sha'll ibe opened in the
                                                               Community for men's and boys' outer garments
                                                               from Malta falling within heading No 61.01 of the
 Whereas, in order to take into account import trends          Common Customs Tariff.
 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 shalll be totally
reserves intended ultimately to cover the requirements         suspended.
 of the Member States which have used up their
initial quota shares ; whereas, in order to ensure a           This suspension shall be fully applied in the new
certain degree of security for importers in each               Member States .
Member State, the first instalments of the quotas
should be determined at levels which, under present            3 . An amount of 364 metric tons shall ibe allocated
circumstances, may be approximately 67% of the
                                                               to the Member States of the Community as originally
quota amounts ;                                                constituted.
Whereas the initial shares of the Member States may            4 . An amount of 451 metric tons shalil be allocated
be used up at different times ; whereas, in order to           to the new Member States .
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
as and when each of its additional shares is almost            1 . A first instalment, amounting to 243 metric tons
entirely used up, and repeated as many times as the            of the amount specified in Article 1 (3 ), shall be
reserve allows ; whereas the initial and additional            allocated among the Member States olf the Com­
quota shares must be available for use until the end           munity as originally constituted; the shares, which
of the quota period ; whereas this method of admin­            subject to Artide 5 are valid until 31 December 1977,
istration calls for close cooperation between Member           shall be as follows :
 ---pagebreak--- 20 . 12. 76                           Official Journal of the European Communities                           No L 350/63
         Benelux                    44 metric tons,              used up. They shall inform the Commission of the
         Germany                  158 metric tons,               reasons which led them to apply this paragraph.
         France                     31 metric tons,
         ItaSy                      10 metric tons .                                       Article 4
The second instalment of 121 metric tons shall
constitute the relevant reserve.                                 Each of the additional shares drawn pursuant to
                                                                 Article 3 shall be valid until 31 December 1977.
2. A first installment, amounting to 300 metric tons
of the amount mentioned in Article 1 (4), shall be                                         Article 5
allocated among the new Member States ; the shares,
which subject to Article 5 are valid until
31 December 1977, sha'll be as follows :                         Member States shall return to the reserve, not later
                                                                 than 1 October 1977, the unused portion of their
         Denmark                  105 metric tons,               initial share which, on 15 September 1977, is in
         Ireland                     3 metric tons,              excess of 20% of the initial amount. They may
         United Kingdom           192 metric tons.               return a greater portion if there are grounds for
                                                                 believing that such portion may not fee used in full.
The second instalment of 151           metric tons    shall
constitute the relevant reserve .                                Member States shall, not later than 1 October 1977,
                                                                 notify the Commission off the total imports of the
                                                                 product concerned effected up to 15 September 1977
                                                                 inclusive, and charged against the Community quota
                          Article 3                              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                                     Article 6
the provisions of Article 5 have been applied, has
been exhausted, that Member State shall proceed
without delay, by notifying the Commission, to draw              The Commission shall keep account of the shares
a second share equal to 15% of its initial share,                opened by Member States in accordance with
rounded up to the next unit where appropriate, to                Articles 2 and 3 and shall inform each of them of the
the extent that the amount in the relevant reserve               extent to which the reserves have been used as soon
allows .                                                         as it receives' the notifications.
2. If, after its initial share has been exhausted, 90%           The Commission shall, not later than 5 October 1977,
or more of the second share drawn by a Member                    notify Member States of the amount in the reserves
State has been used, that Member State shall, in                 after the return of shares pursuant to Article 5.
accordance with the conditions laid down in para­
graph 1 , proceed to draw a third share equal to                 The Commission shall ensure that any drawing which
7-5% of its initial share, rounded up to the next                uses >up any reserve is limited to the balance
unit where appropriate, to the extent that the amount            available and, for this purpose, shall specify the
in the reserve allows .                                          amount thereof to the Member State which makes
                                                                 the final drawing.
3 . If, after its second share has been exhausted, 90%
or more of the third share drawn by a Member State
has 'been used, that Member State shall proceed, in                                        Article 7
the same way to draw a fourth share equal to the
third.
                                                                 1 . Member States shall take all appropriate measures
                                                                 to ensure that, when additional shares are drawn
This process shall be applied until the reserves are             pursuant to Article 3 , it is possible for charges to be
exhausted .                                                      made without interruption against their accumulated
                                                                 shares of the Community quota.
4. Notwithstanding the provisions of paragraphs 1 ,
2 and 3 , the Member States may proceed to draw                  2. Member States shall ensure that importers of the
shares smaller than those fixed in those paragraphs,             product concerned established in their territory have
if there is reason to 'believe that they .might not be           free access to the shares allocated to them.
 ---pagebreak--- No L 350/64                       Official Journal of the European Communities                           20. 12. 76
3 . Member States shall charge imports of the said                                    Article 9
goods against their share as and when the goods
are entered for home use.                                    The   Member States       and the Commission shall
4. The extent to whidh a Member State has used               cooperate closely in ortder to ensure that this
up its share shall be determined on the basis of the         Regulation is observed.
imports charged in accordance with paragraph 3.
                        Article 8                                                    Article 10
On receipt of a request from the Commission,
Member States shall inform it of imports actually            This   Regulation      shall    enter into force    on
charged against ttheir shares.                               1 January 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