CELEX: 31974R2920
Language: en
Date: 1974-11-18 00:00:00
Title: Regulation (EEC) No 2920/74 of the Council of 18 November 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

26 . 11.74                        Official Journal of the European Communities                            No L 315 /21
                              REGULATION (EEC) No 2920/74 OF THE COUNCIL
                                                 of 18 November 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 ,                    the increase should be       allocated    to all Member
                                                              States ;
 Having regard to the Treaty establishing the Euro­
pean 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 Commission ;           access to the abovementioned quota and uninter­
                                                              rupted application of the rate laid down for that
Whereas the Agreement between the European                    quota to all imports of the product concerned into
Economic Community and Malta, signed at Valetta               all Member States until the quota has been used up ;
on 5 December 1970, provides in Article 3 ( 1 ),              whereas, having regard to the principles mentioned
together with Article 2 of Annex I, for the opening           above, the Community nature of the quota may be
by the Community of an annual Community tariff                respected by allocating the Community tariff quota
quota of 300 metric tons of men's and boys ' outer            among the Member States ; whereas, in order to
garments falling within heading No 61.01 of the               reflect more accurately the actual development of the
Common Customs Tariff, originating in Malta ;                 market in the product concerned , such allocation
whereas, pursuant to Article 1 of the said Annex,             should be in proportion to the needs of the Member
the quota duty is equal to 30% of the Common                  States, assessed by reference to both the statistics of
Customs Tariff duty in respect of the product                 each State's imports of the said goods from Malta
concerned ; whereas, with a view to granting Malta            over a representative period and the economic
a treatment not less favourable than that enjoyed by          outlook for the quota period concerned ;
countries eligible for the generalized system of
preferences, the abovementioned volume should be
increased by 50% and the duties totally suspended ;           Whereas, during the last three years for which
whereas, as regards the allocation of this tariff quota,      statistics are available, the corresponding imports by
the quota volume laid down in the Agreement should            each of the Member States represent the following
be confined to the original Member States and the             percentages of the imports into the Community from
additional volume of 150 metric tons resulting from           Malta of the products concerned :
                                                    1971                 1972                  1973
              Germany                         42-7       24-8      55-5       43-4       31-0       19-4
              Benelux                         44-6       26-0      27-3       21-4       35-1       22-0
              France                            7-1       4-2       11-7       9-2       11-9        7· 4
              Italy                             5-6       3-2        5-5       4-2       22-0       13-7
              Denmark                                    11-7                  7-6                  29-0
              Ireland                                     0-3                  0-2                   0-2
              United Kingdom                             29-8                 14-0                   8-3
 ---pagebreak---  No L 315 / 22                     Official Journal of the European Communities                               26 . 11.74
 Whereas in view of these factors of the foreseeable          administration of shares granted to the above
 development during 1975 of the market for the                mentioned Economic Union may be carried out by
 products in question and in particular of the                any one of its members,
 estimates submitted by certain Member States,
 initial quota shares may consequently be fixed
 approximately as follows :                                   HAS ADOPTED THIS REGULATION :
         Benelux                            12-8                                       Article 1
         Denmark                            13-9
                                                              1 . From 1 January to 31 December 1975 , a Com­
         Germany                            47-6
                                                              munity tariff quota of 450 metric tons shall be
         France                              9-5              opened in the Community for men's and boys' outer
         Ireland                             0-3              garments from Malta falling within heading No 61.01
                                                              of the Common Customs Tariff.
         Italy                               3-2
         United Kingdom                     12-7
                                                              2. Within the limits of this tariff quota the
                                                              Community Common Customs Tariff duties shall
Whereas , in order to take into account import trends         be totally suspended.
for the products concerned in the different Member           This suspension shall be fully applied in the new
States, the quota amount should be divided into two           Member States .
tranches, the first tranche being allocated among the
Member States and the second forming a reserve                                         Article 2
intended ultimately to cover the requirements of the
Member States which have used up their initial quota          1 . A first tranche amounting to 315 metric tons of
shares ; whereas, in order to ensure a certain degree        the Community tariff quota referred to in Article 1
of security to importers in each Member State, the           shall be shared among the Member States ; the
first tranche of the Community quota should be               proportions which, subject to Article 5 , shall be valid
determined at a level which, under present                   until 31 December 1975 shall consist of the following
circumstances, may be 65% of the quota amount;                amounts :
                                                                      Benelux                    40 metric tons
Whereas the initial shares of the Member States may                   Denmark                    55 metric tons
be used up at different times ; whereas, in order to                  France                     30 metric tons
take this fact into account and avoid any break in
                                                                      Germany                   150 metric  tons
continuity, it is important that any Member State
                                                                      Ireland                     1 metric ton
having used up almost the whole of its initial share
should draw an additional share from the reserve ;                    Italy                      10 metric tons
whereas, this must be done by each Member State as                   United Kingdom              29 metric tons
and when each of its additional shares is almost
entirely used up, and repeated as many times as the          2 . The second tranche of 135          metric  tons    shall
reserve allows ; whereas the initial and additional          constitute the reserve .
quota shares must be available for use until the end
of the quota period ; whereas this method of adminis­                                  Article 3
tration calls for close cooperation between Member
States and the Commission, which must, in                    1 . If 90% or more of the initial share of a Member
particular, be able to observe the extent to which the       State, as laid down in Article 2 ( 1 ), or 90% of that
quota amount is used and inform Member States                share less the amount returned into the reserve,
thereof;                                                     where the provisions of Article 5 have been applied ,
                                                             has been exhausted, that Member State shall proceed
Whereas if, at a specified date in the quota period,         without delay, by notifying the Commission, to draw
a considerable balance remains in one or other               a second share equal to 15% of its initial share,
Member State it is essential that that Member State          rounded up to the next unit where appropriate, to
                                                             the extent that the amount in the reserve allows .
pays a large amount of it back into the reserve to
prevent a part of the Community quota from remain­           2. If, after its initial share has been exhausted, 90%
ing unused in one Member State when it could be              or more of the second share drawn by a Member
used in others ;                                             State has been used, that Member State shall, in
                                                             accordance with the conditions laid down in para­
Whereas, since the Kingdom of Belgium, the Kingdom           graph 1 , proceed to draw a third share equal to 7-5%
of the Netherlands and the Grand Duchy of Luxem­             of its initial share, rounded up to the next unit where
bourg are united in and represented by the Benelux           appropriate, to the extent that the amount in the
Economic Union, all transactions concerning the              reserve allows .
 ---pagebreak--- 26 . 11.74                           Official Journal of the European Communities                           No L 315 /23
3 . If, after its second share has been exhausted, 90%          The Commission shall , not later than 15 October
or more of the third share drawn by a Member State              1975 , notify Member States of the amount in the
has been used, that Member State shall proceed, in              reserve after the return of shares pursuant to
the same way, to draw a fourth share equal to the               Article 5 .
third .
                                                                The Commission shall ensure that any drawing
This process shall be applied until the reserve is              which uses up the reserve is limited to the balance
exhausted .                                                      available and, for this purpose, shall specify the
                                                                amount thereof to the Member State which makes
4. Notwithstanding the provisions of paragraphs 1 ,             the final drawing.
2 and 3 , the Member State may proceed to draw
shares smaller than those fixed in those paragraphs,                                    Article 7
if there is reason to believe that they might not be
used up . They shall inform the Commission of the               1 . The Member States shall take all appropriate
 reasons which led them to apply this paragraph .               measures to ensure that, when additional shares are
                                                                drawn pursuant to Article 3 , it is possible for charges
                          Article 4                             to be made without interruption against their
                                                                accumulated shares of the Community quota .
Each of the additional shares drawn pursuant to
Article 3 shall be valid until 31 December 1975 .               2. The Member States shall ensure that importers of
                                                                the product concerned established in their territory
                                                                have free access to the shares allocated to them .
                          Article 5
If, by 15 September 1975 , a Member State has not               3 . The Member States shall charge imports of the
used up its initial share, it shall , not later than            said goods against their share as and when the goods
                                                                are entered for home use .
10 Ocotber 1975 , return to the reserve the unused
portion of this share in excess of 20% of the initial           4. The extent to which a Member State has used up
amount . It may return a larger quantity if there is            its share shall be determined on the basis of the
reason to believe that such quantity might not be               imports charged in accordance with paragraph 3 .
used .
                                                                                        Article 8
The Member States shall , not later than 10 October
1975 , notify the Commission of the total imports of            Member States shall       inform   the  Commission    at
the product concerned effected up to 15 September               regular intervals of imports actually charged against
1975 inclusive and charged against the Community                their shares .
quota and, where appropriate, the proportion of their
initial share that is being returned to the reserve.                                    Article 9
                                                                The    Member States       and  the   Commission shall
                         Article 6
                                                                cooperate closely in order to ensure that this Regu­
                                                                lation is observed .
The Commission shall keep account of the shares
opened by Member States in accordance with Articles                                    Article 10
2 and 3 and shall inform each of them of the extent
to which the reserve has been used as soon as it                This Regulation shall enter into force on 1 January
 receives the notifications .                                   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