CELEX: 31974R0368
Language: en
Date: 1974-02-04 00:00:00
Title: Regulation (EEC) No 368/74 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 Cyprus

20. 2. 74                                 Olfiaiall Journal of the European Communities                          No L 48/75
                                   REGULATION (EEC) No 368/74 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 Cyprus
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              — it is necessary to ensure to all importers equal and
                                                                         uninterrupted access to the quota and uninter­
                                                                         rupted application of the rates laid down for the
Having regard to the Treaty, establishing the European                   quota to all imports of the products concerned
Economic Community and in particular Article 113                         until the quota has been used up ;
thereof ;
Having regard to the proposal from the Commission ;
                                                                         in the light of the principles elicited above, the
                                                                          Community nature of the quota may be best
"Whereas the Agreement (x) establishing an Associ­
ation between the European Economic Community
                                                                          preserved by an arrangement allocating it among
                                                                          the Member States ; whereas in order to reflect
 and the Republic of Cyprus, hereinafter called 'the
Agreement', and the 'Protocol (2) laying down certain                     more accurately the actual development of the
provisions concerning that Agreement as a result of
                                                                          market in the products concerned, such allocation
the Accession of new Member States to the European                        should be in proportion to the needs of the Mem­
 Economic Community, hereinafter called 'the Proto­
                                                                          ber States, assessed by reference to both statistics
 col', provide for the opening of an annual Community                     of each State's imports of the said products
 tariff quota of 500 metric tons of men's and boys' outer                 originating in Cyprus over a representative
 garments falling within heading No 61.01 of the                          reference period and the economic outlook for
 Common Customs Tariff, originating in Cyprus ;                           the quota period concerned ;
 whereas pursuant to the joint declaration on Article 2
 of the Protocol the tariff quota should be allocated
 among the Member States as follows : 100 metric
 tons for the Community as originally constituted
 and 400 metric tons for the new Member States ;                          however, as during the past three years no such
 whereas Article 1 of Annex I to the Agreement                            products originating in Cyprus have been imported
 provides that the duties applicable to the quota shall                    and as no forecast can be made for 1974, an
 be equal to 30% of the Common Customs Tariff                              initial share percentage of 25% allocated to each
  duties ; whereas, as regards the duties applicable to                    of the Member States concerned would ensure a
  goods within the limits of the quota by the new                          fair distribution among them ;
  Member States, the special provisions of the Protocol
  and of the Act of Accession (3) should be observed ;
  whereas to comply with the special provisions of the
  Protocol, separate arrangements should be made for                       in order to take into account import trends for
  the Member States of the Community as originally                         the products concerned in the different Member
  constituted on the one hand and for the new Member                       States, the quota amount should be divided into
  States on the other hand ;                                               two tranches, the first tranche being allocated
                                                                           among the Member States and the second forming
                                                                           a reserve intended ultimately to cover the re­
  "Whereas as regards in particular the Community as                       quirements of those Member States which have
  originally constituted ;                                                 used up their initial share ; in order to ensure a
                                                                            certain degree of security to importers in each
                                                                            Member State, the first tranche of the quota
                                                                            should be determined at a level which, under
   (x) OJ No L 133, 21 . 5. 1973 , p. 1 .
   (2) OJ No L 133 , 21 . 5. 1973, p. 88                                    present circumstances, may be approximately
   (3) OJ No L 73, 27. 3. 1972, p. 14.                                      75% ;
 ---pagebreak--- No L 48 /76                         Official Journal of the European Communities                              20 . 2 . 74
— the initial share of the Member States may be                — the quota duties shall be calculated by the new
   used up more or less quickly ; whereas in order to              Member States in accordance with Articles 3 , 4,
   take this fact into account and to avoid any break              5, 6 and 7 of the Protocol ;
   in continuity, it is important that a Member State
   having almost used up its initial share should              — it is necessary to ensure to all importers equal and
   draw an additional share from the reserve ; whereas             uninterrupted access to the quota and uninter­
   this must be done by each Member State as and                   rupted application of the rates laid down for this
   when each of its additional shares is almost                    quota to all imports of the products concerned,
   entirely used up, and repeated as many times as                 until the quota has been used up,
   the reserve allows ; whereas the initial and ad­
   ditional shares must be available for use until the
   end of the quota period ; whereas this method of            HAS ADOPTED THIS REGULATION :
   administration calls for close cooperation between
   Member States and the Commission which must,
   in particular, be able to observe the extent to                                     Article 1
   which the quota amount is used and inform
   Member States thereof ;                                     Until 31 December 1974 a tariff quota of 500 metric
                                                               tons shall be opened within the Community in respect
                                                               of men's and boys' outer garments falling within
                                                               heading No 61.01 of the Common Customs Tariff,
— if, at a specified date in the quota period, a con­          originating in Cyprus. This quota shall be allocated
   siderable balance remains in one or other Member            and administered in accordance with the provisions
   State, it is essential that that Member State pays          set out below .
   a large amount of it back into the reserve, in
   order to avoid a part of one or other of the
   Community quotas remaining unused in one                                           SECTION I
   Member State when it could be used in others ;
                                                                      Provisions applicable to the Community
                                                                               as originally constituted
— since the Kingdom of Belgium, the Kingdom of
  the Netherlands and the Grand Duchy of Luxem­                                        Article 2
  bourg are united in and jointly represented by
  the Benelux Economic Union, all transactions                The Common Customs Tariff duty shall be partially
  concerning the administration of shares granted             suspended at the rate of 5-1% in respect of 100 metric
  to the abovementioned Economic Union may be                 tons of the quota referred to in Article 1 .
  carried out by any of its members ;
                                                                                       Article 3
                                                              1 . A first tranche, amounting to 72 metric tons of
Whereas, as regards the new Member States :                   the amount specified in Article 2, shall be allocated
                                                              among the Member States ; the shares which, subject
                                                              to Article 6, are valid until 31 December 1974, shall
  pursuant to the Protocol a gross amount of                  be as follows :
  400 metric tons is allocated to the new Member
  States ; whereas the same general criteria for                     Benelux                      18 metric tons
  allocation as those used for the original Member                   Germany                      18 metric tons
  States should be applied ; whereas, however, the
                                                                     France                       18 metric tons
  United Kingdom has been the sole importer of
  such goods from Cyprus ; whereas in view of these                  Italy                        18 metric tons
  factors and the need to ensure a fair allocation
  among the Member States, the percentage shares              2. The second tranche of 28 metric tons shall con­
  of that quantity may be established as follows :            stitute the reserve.
                                                                                       Article 4
           Denmark                        27
           Ireland                                            1 . If 90% or more of the initial share of a Member
                                            3
                                                              State laid down in Article 3 (1), or 90% of that
           United Kingdom                 70                  share less the amount returned into the reserve where
 ---pagebreak---  20. 2. 74                            Official Journal of the European Communities                            No L 48 / 77
the provisions of Article 6 have been applied, has               extent to which the reserve has been used up as soon
been exhausted, that Member State shall proceed                  as it receives the notifications .
without delay, by notifying the Commission, to draw
a second share, equal to 15% of its initial share,               The Commission shall, not later than 15 October
rounded up to the next unit where appropriate, to                1974, notify the Member States of the amount in the
the extent that the reserve is sufficient.                       reserve after the return of shares pursuant to Article 6.
2. If, after its initial share has been exhausted, 90%           The Commission shall ensure that any drawing
or more -of the second share drawn by a Member State             which uses up the reserve is limited to the balance
has been used, that Member State shall proceed, in               available and for this purpose shall specify the
accordance with the conditions laid down in para­                amount thereof to the Member State which makes
graph 1 , to draw a third share, equal to 7-5% of its            the last drawing.
initial share, rounded up to the next unit.
3 . If, after its second share has been exhausted, 90%                                    Article 8
or more of the third share drawn by a Member
State has been used, that Member State shall proceed,            The Member States shall take all appropriate measures
in the same way, to draw a fourth share equal to the             to ensure that when additional shares are drawn
third .                                                          pursuant to Article 4 it is possible for changes to be
                                                                 made without interruption against their accumulated
This process shall be applied until the reserve is               shares of the Community quota.
exhausted.
4. Notwithstanding paragraphs 1 , 2 and 3 , a Member                                    SECTION II
State may proceed to draw shares smaller than those
fixed in those paragraphs if there is reason to believe
that they might not be used up . They shall inform the             Provisions applicable to the new Member States
Commission of the reasons which led them to apply
this paragraph .
                                                                                          Article 9
                          Article 5                              Within the limits of the tariff quota referred to in
                                                                 Article 1 , the new Member States shall apply the
Each of the additional shares drawn pursuant to                  duties laid down in the relevant provisions of the
Article 4 shall be valid until 31 December 1974.                 Act of Accession, the Agreement and the Protocol .
                                                                                         Article 10
                          Article 6
                                                                 Within the quota, 400 metric tons shall be allocated
If, by 15 September 1974, a Member State has not                 to the new Member States as follows :
used up its initial share, it shall, not later than 10
October 1974, return to the reserve the unused portion                  Denmark                     110 metric tons
of this share in excess of 20% of the initial amount.                   Ireland                      10 metric tons
It may return a larger quantity if there is reason to
believe that such quantity might not be used.                           United Kingdom              280 metric tons
The Member States shall, not later than 10 October
1974, notify the Commission of the total imports of
                                                                                       SECTION III
the said goods effected up to and including 15 Sep­
tember 1974 and charged against the Community
quota and, where appropriate, the proportion of
their initial share that is being returned to the reserve.
                                                                                    General provisions
                         Article 7                                                       Article 11
The Commission shall keep an account of the shares               1 . The Member States shall ensure that importers of
opened by the Member States in accordance with                   the said goods established in their territory have free
Articles 3 and 4 and shall inform each state of the              access to the share allocated to them .
 ---pagebreak--- No L 48/78                        Official Journal of the European Communities                              20. 2. 74
2. The Member States shall charge imports of the                                   Article 13
said goods against their share as and when : he goods
are entered for home use.                                    The Member States and the Coimmission shall co­
                                                             operate closely in order to ensure that this Regulation
3 . The extent to which a Member State used up its           is observed .
share shall be determined on the basis of the imports
charged in accordance with paragraph 2.                                            Article 14
                                                             The tariff quota laid down in this Regulation shall
                      Article 12                             be opened for 1974.
Member States shall inform the Commission at                 This Regulation shall enter into force on the third
regular intervals of imports of the said products            day following its publication in the Official Journal
actually charged against their shares .                      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 thte Council
                                                                                 The President
                                                                                 W. SCHEEL