CELEX: 31975R3159
Language: en
Date: 1975-11-24 00:00:00
Title: Regulation (EEC) No 3159/75 of the Council of 24 November 1975 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 Cyprus (1976)

8 . 12 . 75                               Official Journal of the European Communities                        No L 317/75
                                  REGULATION (EEC) No 3159/75 OF THE COUNCIL
                                                       of 24 November 1975
             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 Cyprus ( 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            access to the abovementioned quota and uninter­
                                                                     rupted 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
Having regard to the Treaty establishing the                         used up ; whereas, having regard to the principles
European Economic Community, and in particular                       mentioned above, the Community nature of the
Article 113 thereof;                                                 quota can be respected by allocating the Community
                                                                     tariff quota among the Member States ; whereas, in
                                                                     order to reflect more accurately the actual develop­
Having regard to the proposal from the Commission ;                  ment of the market in the product concerned, such
                                                                     allocation should be in proportion to the needs of
Whereas the Agreement ( 1 ) establishing an associ­                  the Member States, assessed by reference to both the
ation between the European Economic Community                        statistics of each State's imports of the said goods
and the Republic of Cyprus, hereinafter called 'the                  from Cyprus over a representative period and the
Agreement', and the Protocol ( 2 ) laying down certain               economic outlook for the quota period concerned ;
provisions concerning that Agreement as a result
of the accession of new Member States to the
European Economic Community, hereinafter called                      Whereas during the past three years no such products
'the Protocol', provide for the opening of an annual                 originating in Cyprus have been imported into the
Community tariff quota of 500 metric tons of men's                   Community as originally constituted and whereas
and boys' outer garments, falling within heading                     a minimal amount has been imported into only one
No 61.01 of the Common Customs Tariff, originat­                     of the new Member States ; whereas no forecast can
ing in Cyprus ; whereas pursuant to the Joint                        be made for 1976 ; whereas to ensure fair distribution
Declaration on Article 2 of the Protocol the tariff                  of the two quota amounts between the Member
quota should be allocated among the Member States                    States concerned each Member State should make
as follows : 100 metric tons for the Community as                    a significative contribution to the relevant quota
originally constituted and 400 metric tons for the                   amount ;       whereas   such    contributions    may
new Member States ; whereas Annex I to the                           approximately correspond to the following
Agreement provides that the duties applicable                        percentages :
to the quota shall be equal to 30% of the Common
                                                                              Benelux                             28
Customs Tariff duties ; whereas, as regards the duties
applicable to goods within the limits of the quota                            Germany                             19
by the new Member States, the special provisions of                           France                              28
the Protocol and of the Act of Accession (3) should                           Italy                               25
be observed ; whereas to comply with the special                              Denmark                             45
provisions of the Protocol, separate arrangements
should be made for the Member States of the                                   Ireland                              5
Community as originally constituted on the one hand,                          United Kingdom                      50
and for the new Member States on the other ;
                                                                     Whereas, in order to take account of import trends
Whereas it is in particular necessary to ensure to                   for the products in question in the Member States
all Community importers equal and uninterrupted                      concerned , the quota amount should be divided
                                                                     into two instalments, the first instalment being
                                                                     allocated among the same Member States, the second
(!) OJ No L 133 , 21 . 5 . 1973 , p. 1 .                             instalment constituting a reserve intended to cover
(2) OJ No L 133 , 21 . 5 . 1973 , p. 88 .                            the later requirements of Member States which have
(3) OJ No L 73 , 27. 3 . 1972, p. 14 .                               used up their initial quota shares ; whereas in order
 ---pagebreak--- No L 317/76                        Official Journal of the European Communities                                8 . 12. 75
to ensure a certain degree of security to importers           2. Within the limits of 400 metric tons the tariff
in each Member State, the first instalment of the             quota referred to in Article 1 , the new Member
quota should be fixed in this case at approximately           States shall apply the duties laid down in the relevant
75 and 50% respectively ;                                     provisions of the Act of Accession, the Agreement
                                                              and the Protocol .
Whereas the initial quota shares of the Member
States may be used up at different times ; whereas,
in order to take this fact into account and avoid any                                   Article 3
break in continuity, it is important that any Member
State having used up almost the whole of its initial          1 . A first instalment, amounting to 72 metric tons
quota share should draw an additional share from              of the amount specified in Article 2 ( 1 ), shall be
the reserve ; whereas, this must be done by each              allocated among the Member States of the Com­
Member State as and when each of its additional
                                                              munity as originally constituted ; the shares, which
quota shares is almost entirely used up, and repeated         subject to Article 6 are valid until 31 December 1976,
as many times as the reserves allow ; whereas the             shall be as follows :
initial and additional quota shares must be available
for use until the end of the quota period ; whereas
this   method   of   administration   calls   for  close               Germany                   20 metric tons,
cooperation between Member States and the Com­                         Benelux                   14 metric tons,
mission, which must, in particular, be able to observe                 France                    20 metric tons,
the extent to which the quota amounts are used
and inform Member States thereof;                                      Italy                     18 metric tons .
Whereas if, at a specified date in the quota period,          The second instalment of 28           metric  tons    shall
a considerable balance remains in one or other                constitute the relevant reserve .
Member State, it is essential that that Member State
pays a large amount of it back into the reserve, in           2. A first instalment, amounting to 200 metric tons
order to avoid a part of the Community tariff quotas          of the amount mentioned in Article 2 (2), shall be
remaining unused in one Member State when it could            distributed between the new Member States ; the
be used in others ;                                           shares, which subject to Article 6 are valid until
                                                              31 December 1976, shall be as follows :
Whereas, since the Kingdom of Belgium, the King­
dom of the Netherlands and the Grand Duchy of                          Denmark                   90 metric tons ,
Luxembourg are united in and represented by the                        Ireland                    5 metric tons ,
Benelux Economic Union, any measure concerning
the administration of the quota shares allocated to                    United Kingdom           105 metric tons .
that economic union may be carried out by any of
its members,                                                  The second instalment of 200 metric tons shall
                                                              constitute the relevant reserve .
HAS ADOPTED THIS REGULATION :
                                                                                       Article 4
                                                              1 . If 90% or more of the initial share of a Member
                       Article 1
                                                              State, as laid down in Article 3 , or 90% of that
                                                              share less the amount returned into the relevant
From 1 January to 31 December 1976 a tariff quota             reserve where the provisions of Article 6 have been
of 500 metric tons shall be opened within the Com­            applied, has been exhausted, that Member State shall
munity in respect of men's and boys' outer garments,          proceed without delay, by notifying the Commission,
falling within heading No 61.01 of the Common                 to draw a second share, equal to 15% of its initial
Customs Tariff, originating in Cyprus . This quota            share, rounded up to the next unit where appropriate,
shall be allocated and administered in accordance             to the extent that the relevant reserve is sufficient.
with the provisions set out below.
                                                              2. If, after its initial share has been exhausted, 90%
                       Article 2                              or more of the second share drawn by a Member
                                                              State has been used, that Member State shall proceed,
1 . The Common Customs Tariff duty shall be                   in accordance with the conditions laid down in
partially suspended at the rate of 5-1% in respect of         paragraph 1 ", to draw a third share equal to 7-5% of
100 metric tons of the quota referred to in Article 1 .       its initial share, rounded up to the next unit.
 ---pagebreak--- 8 . 12 . 75                        Official Journal of the European Communities                          No L 317/77
3 . If, after its second share has been exhausted,            The Commission shall, not later than 5 October 1976,
90% or more of the third share drawn by a Member              notify the Member States of the amounts in the
State has been used, that Member State shall proceed,         reserves after the return of shares pursuant to
in the same way, to draw a fourth share equal to              Article 6 .
the third.
                                                              The Commission shall ensure that any drawing which
This process shall be applied until the relevant              uses up one or the other reserve is limited to the
reserve is exhausted.                                         balance available and for this purpose shall specify
                                                              the amount thereof to the Member State which makes
4. Notwithstanding paragraphs 1 , 2 and 3 a Member            the last drawing.
State may proceed to draw shares smaller than those
fixed in those paragraphs if there is reason to believe                                Article 8
that they might not be used up. They shall inform
the Commission of the . feasons which led them to             1 . The Member States shall take all appropriate
apply this paragraph.                                         measures to ensure that when additional shares are
                                                              drawn pursuant to Article 4 it is possible for changes
                         Article 5                            to be made without interruption against their
                                                              accumulated shares of the Community quota.
Each of the additional shares drawn pursuant to               2. The Member States shall ensure that importers of
Article 4 shall be valid until 31 December 1976 .             the said goods established in their territory have free
                                                               access to the share allocated to them .
                         Article 6                            3 . The Member States shall charge imports of the
                                                              said goods against their share as and when the goods
The Member States shall return to the reserve, not             are entered for home use .
later than 1 October 1976, the unused portion of
their initial share which, on 15 September 1976, is           4. The extent to which a Member State used up its
in excess of 20% of the initial amount. They may              share shall be determined on the basis of the imports
return a greater portion if there are grounds for              charged in accordance with paragraph 3 .
believing that such portion may not be used in full.
                                                                                       Article 9
The Member States shall, not later than 1 October
1976, notify the Commission of the total imports              On receipt of a request from the Commission,
of the said goods effected up to and including 15             Member States shall inform it of imports actually
September 1976, and charged against the Com­                  charged against their shares.
munity quota and, where appropriate, the proportion
of their initial share that is being returned to the
 relevant reserve.                                                                    Article 10
                                                              The     Member    States   and   the Commission   shall
                         Article 7                            cooperate closely in order to ensure that this
                                                               Regulation is observed.
The Commission shall keep an account of the shares
opened by Member States in accordance with Articles                                   Article 11
3 and 4 and shall inform each State of the extent to
which the reserves have been used up as soon as it            This Regulation shall enter into force on 1 January
 receives the notifications .                                  1976 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 24 November 1975 .
                                                                                        For the Council
                                                                                         The President
                                                                                          B. VISENTINI