CELEX: 31974R2919
Language: en
Date: 1974-11-18 00:00:00
Title: Regulation (EEC) No 2919/74 of the Council of 18 November 1974 opening, allocating and providing for the administration of a Community tariff quota for outer garments and other articles, knitted or crocheted, not elastic or rubberized, falling within heading No 60.05 of the Common Customs Tariff, originating in Malta

No L 315 / 18                       Official Journal of the European Communities                               26 . 11.74
                              REGULATION (EEC) No 2919/74 OF THE COUNCIL
                                                of 18 November 1974
              opening, allocating and providing for the administration of a Community tariff quota
              for outer garments and other articles , knitted or crocheted , not elastic or rubberized,
                        falling within heading No 60.05 of the Common Customs Tariff,
                                                 originating in Malta
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                      be confined to the original Member States and the
                                                               additional volume of 50 metric tons resulting from
                                                               the increase should be       allocated   to all  Member
Having regard to the Treaty establishing the                   States ;
European 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
                                                               uninterrupted application of the rate laid down for
                                                               that quota to all imports of the product concerned
Whereas the Agreement between the European                     into all Member States until the quota has been
Economic Community and Malta, signed at Valetta                used up ; whereas, having regard to the principles
on 5 December 1970, provides in Article 3 ( 1 ),               mentioned above, the Community nature of the
together with Article 2 of Annex I , for the opening           quota can be respected by allocating the Community
by the Community of an annual Community tariff                 tariff quota among the Member States ; whereas , in
quota of 100 metric tons of outer garments and                 order to reflect more accurately the actual develop­
other articles, knitted or crocheted, not elastic or           ment of the market in the product concerned, such
rubberized, falling within heading No 60.05 of the             allocation should be in proportion to the needs of
Common Customs Tariff, originating in Malta ;                  the Member States, assessed by reference to both the
whereas, pursuant to Article 1 of the said Annex,              statistics of each State's imports of the said goods
the quota duty is equal to 30% of the Common                   from Malta over a representative period and the
Customs Tariff duty in respect of the product                  economic outlook for the quota period concerned ;
concerned ; whereas, with a view to granting Malta
a treatment not less favourable than that enjoyed
by countries eligible for the generalized system of            Whereas, during the last three years for which
preferences, the abovementioned volume should be               statistics are available, the corresponding imports by
increased by 50% and the duties totally suspended ;            each of the Member States represent the following
whereas, as regards the allocation of this tariff quota,       percentages of the imports into the Community from
the quota volume laid down in the Agreement should             Malta of the products concerned :
                                                    1971                   1972                 1973
              Germany                          12-5        M          4 -3       0-8       —          —
              Benelux                           —          —          —          —         —          —
              France                           75-0        6-6       93-6       17-1      94-6       52-0
              Italy                            12-5        M          2-1        0-4       5-4        2-9
              Denmark                                      —                     —
                                                                                                      0-6
              Ireland                                      1-1                   0-1                  2-9
              United Kingdom                              90-1                  81-6                 41-0
 ---pagebreak--- 26 . 11 . 74                      Official Journal of the European Communities                            No 1,315 / 19
Whereas both these percentages and the estimates             Benelux Economic Union, all transactions concerning
from certain Member States as well as the practical          the administration of shares granted to the
need to ensure that the obligations contracted under          abovementioned Economic Union may be carried out
the Agreement concerned are allocated fairly among           by any one of its members,
all the Member States ; whereas initial quota shares
may consequently be fixed approximately as
follows :                                                    HAS ADOPTED THIS REGULATION :
          Benelux                            8-3
                                                                                      Article 1
          Denmark                            4-2
          France                            41-2
                                                              1 . From 1 January to 31 December 1975 , a Com­
          Germany                           12-5             munity tariff quota of 150 metric tons shall be
          Ireland                            4-2             opened in the Community for outer garments and
                                                             other articles, knitted or crocheted, not elastic or
          Italy                             12-5             rubberized, falling within heading No 60.05 of the
          United Kingdom                    16-6             Common Customs Tariff, originating in Malta.
Whereas, in order to take into account import trends         2. Within the limits of this tariff quota the Com­
for the products concerned in the different Member           munity Common Customs Tariff duties shall be
States, the quota amount should be divided into              totally suspended .
two tranches, the first tranche being allocated among
the Member States and the second forming a reserve           This suspension shall be fully applied in the new
intended ultimately to cover the requirements of the         Member States .
Member States which have used up their initial
quota shares ; whereas, in order to ensure a certain
degree of security to importers in each Member                                        Article 2
State, the first tranche of the Community quota
should be determined at a level which, under present         1 . A first tranche of 120 metric tons of the Com­
circumstances, may be 80% of the quota amount ;              munity tariff quota referred to in Article 1 shall be
                                                             shared among the Member States ; the proportions
Whereas the initial shares of the Member States may          which , subject to Article 5 , shall be valid until
be used up at different times ; whereas, in order to         31 December 1975 shall consist of the following
                                                             amounts :
take this fact into account and avoid' any break in
continuity, it is important that any Member State                     Benelifx                  10 metric tons
having used up almost the whole of its initial share
                                                                      Denmark                    5 metric tons
should draw an additional share from the reserve ;
whereas this must be done by each Member State                        France                    50 metric tons
as and when each of its additional shares is almost
                                                                      Germany                   15 metric tons
entirely used up and repeated as many times as the
reserve allows ; whereas the initial and additional                   Ireland                    5 metric tons
shares must be available for use until the end of                     Italy                     15 metric tons
the quota period ; whereas this method of
administration calls for close cooperation between                    United Kingdom            20 metric tons
Member States and the Commission, which must,
in particular, be able to observe the extent to which        2 . The second tranche       of  30   metric  tons  shall
the quota amount is used and inform Member States            constitute the reserve .
thereof ;
                                                                                      Article 3
Whereas if, at a specified date in the quota period,
a considerable balance remains in one or other
                                                             1 . If 90% or more of the initial share of a Member
Member State it is essential that that Member State
                                                             State, as laid down in Article 2, or 90% of that
pays a large amount of it back into the reserve to           share less the amount returned into the reserve,
prevent a part of the Community quota from                   where the provisions of Article 5 have been applied,
remaining unused in one Member State when it                 has been exhausted, that Member State shall
could be used in others ;                                    procced without delay, by notifying the Com­
                                                             mission, to draw a second share equal to 15% of
Whereas, since the Kingdom of Belgium, the King­             its initial share, rounded up to the next unit where
dom of the Netherlands and the Grand Duchy of                appropriate, to the extent that the amount in the
Luxembourg are united in and represented by the              reserve allows .
 ---pagebreak--- No L 315/20                          Official Journal of the European Communities                                   26 . 11 . 74
2. If, after its initial share has been exhausted, 90%          Articles 2 and 3 and shall inform each of them of
or more of the second share drawn by a Member                   the extent to which the reserve has been used as soon
State has been used, that Member State shall, in                as it receives the notifications .
accordance     with    the   conditions  laid   down    in
paragraph 1 , proceed to draw a third share equal               The      Commission         shall,     not      later      than
to 7-5% of its initial share, rounded up to the next            15 October 1975 , notify Member States of the
                                                                amount in the reserve after the return of shares
unit where appropriate, to the extent that the amount
in the reserve allows .                                         pursuant to Article 5 .
3 . If, after its second share has been exhausted,              The Commission shall ensure that any drawing
90% or more of the third share drawn by a Member                which uses up the reserve is limited to the balance
State has been used, that Member State shall proceed,           available and, for this purpose, shall specify the
                                                                amount thereof to the Member State which makes
in the same way, to draw a fourth share equal to
the third .                                                     the final drawing.
This process shall be applied until the reserve is                                       Article 7
exhausted.
                                                                1 . The Member States shall take all appropriate
4. Notwithstanding the provisions of paragraphs 1 ,             measures to ensure that, when additional shares are
2 and 3 , the Member States may proceed to draw                 drawn pursuant to Article 3 , it is possible for
shares smaller than those fixed in those paragraphs             charges to be made without interruption against their
if there is reason to believe that they might not be             accumulated shares of the Community quota.
used up. They shall inform the Commission of the
reasons which led them to apply this paragraph.                 2. The Member States shall ensure that importers
                                                                of the product concerned established in their
                          Article 4                             territory have free access to the shares allocated to
                                                                them .
Each of the additional shares drawn pursuant to
Article 3 shall be valid until 31 December 1975 .               3 . The Member States shall charge imports of the
                                                                said goods against their share as and when the goods
                                                                 are entered for home use.
                          Article 5
                                                                4 . The extent to which a Member State has used
If, by 15 September 1975 , a Member State has not                up its share shall be determined on the basis of the
used up its initial share, it shall, not later than              imports charged in accordance with paragraph 3 .
10 October 1975 , return to the reserve the unused
portion of this share in excess of 20% of the initial
                                                                                         Article 8
amount. It may return a larger quantity if there
is reason to believe that such quantity might not be            Member States shall        inform     the   Commission         at
used.                                                           regular intervals of imports actually charged against
The Member States shall , not later than                        their shares .
10 October 1975 , notify the Commission of the
total imports of the product concerned effected up to                                     Article 9
15 September 1975 inclusive and charged against the
                                                                The Member        States   and     the  Commission         shall
Community quota and, where appropriate, the
proportion of their initial share that is being returned        cooperate closely in order to ensure that this
to the reserve .                                                Regulation is observed.
                          Article 6                                                      Article 10
The Commission shall keep account of the shares                 This     Regulation     shall    enter     into    force      on
opened by Member States in accordance with                       1 January 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