CELEX: 31975R3151
Language: en
Date: 1975-11-24 00:00:00
Title: Regulation (EEC) No 3151/75 of the Council of 24 November 1975 opening, allocating and providing for the administration of a Community tariff quota for man-made fibres (discontinuous or waste), carded, combed or otherwise prepared for spinning, falling within heading No 56.04 of the Common Customs Tariff, originating in Malta (1976)

8 . 12 . 75                        Official Journal of the European Communities                              No L 317/45
                            REGULATION (EEC) No 3151/75 OF THE COUNCIL
                                                 of 24 November 1975
              opening, allocating and providing for the administration of a Community tariff quota
              for man-made fibres (discontinuous or waste), carded, combed or otherwise prepared
              for spinning, falling within heading No 56.04 of the Common Customs Tariff,
                                             originating in Malta ( 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         less favourable than that enjoyed by countries
                                                                  eligible for the generalized preferences system, the
                                                                  abovementioned volume should be increased to 945
Having regard to the Treaty establishing the                      metric tons and the duties totally suspended ; whereas,
European Economic Community, and in particular                    as regards the allocation of this tariff quota, the
Article 113 thereof;                                              quota volume laid down in the Agreement should be
                                                                  confined to the original Member States and the new
                                                                  Member States should participate in the supplemen­
Having regard to the proposal from the Commission ;               tary volume ;
                                                                  Whereas it is in particular necessary to ensure to all
Whereas the Agreement between the European                        Community importers equal and uninterrupted access
Economic Community and Malta, signed at Valetta                   to the abovementioned quota and uninterrupted
 on 5 December 1970, provides in Article 3 ( 1 ) together         application of the rate laid down for that quota to
with Article 2 of Annex I for the opening by the                  all imports of the product concerned into all Member
Community of an annual Community tariff quota of                  States until the quota has been used up ; whereas,
600 metric tons of man-made fibres ( discontinuous                having regard to the principles mentioned above, the
or waste), carded, combed, or otherwise prepared                  Community nature of the quota can be respected by
for spinning, falling within heading No 56.04 of the              allocating the Community tariff quota among the
Common Customs Tariff, originating in Malta ;                     Member States ; whereas, in order to reflect more
whereas the first stage of the Agreement ends on                  accurately the actual development of the market in
31 March 1976 and, pursuant to Article 6 of Annex I,              the product concerned, such allocation should be in
the pro rata temporis clause would apply to the                   proportion to the needs of the Member States,
volume of the quota ; whereas the Community                       assessed by reference to both the statistics of each
intends to maintain its trading relations with Malta ;            State's imports of the said goods from Malta over
whereas the provisions governing the second stage                 a representative period and the economic outlook
should not be less favourable than those laid down
                                                                  for the quota period concerned ;
for the first; whereas in order not to disrupt trading
patterns for the products in question, the Community
tariff quota should be opened for the whole of 1976 ;             Whereas, during the last three years for which
whereas, pursuant to Article 1 of the said Annex the              statistics are available, the corresponding imports by
quota duty is equal to 30% of the Common Customs                  each of the Member States represent the following
Tariff duty in respect of the product concerned ;                 percentages of the imports into the Community from
whereas, with a view to granting Malta treatment not              Malta of the products concerned :
                                                        1972                    1973               1974
              Germany
              Benelux                                                        —       —           —       —
              France
              Italy                                 100      66-8
              Denmark                                                                                   100
              Ireland                                        15-5
              United Kingdom                                 17-7
 ---pagebreak--- No L 317/46                       Official Journal of the European Communities                                8 . 12 . 75
Whereas, both these percentages and the estimates            Whereas, since the Kingdom of Belgium, the Kingdom
from certain Member States as well as the practical           of the Netherlands and the Grand Duchy of
need to ensure that the obligations contracted under         Luxembourg are united in and represented by the
the Agreement concerned are allocated fairly among           Benelux Economic Union, any measure concerning
all the Member States ; whereas, initial quota shares        the administration of the quota shares allocated to
may consequently be fixed approximately as follows :          that economic union may by carried out by any of
                                                              its members,
        Benelux                              10-4
        Denmark                               3-5
                                                              HAS ADOPTED THIS REGULATION :
        France                               13-9
        Germany                              10-4
        Ireland                               5-2                                     Article 1
        Italy                                43-6
                                                              1 . From 1 January to 31 December 1976 a
        United Kingdom                       13-0             Community tariff quota of 945 metric tons shall be
                                                             opened in the Community for man-made fibres
                                                              ( discontinuous or waste), carded, combed or
                                                              otherwise prepared for spinning, falling within
Whereas, in order to take into account import trends         heading No 56.04 of the Common Customs Tariff,
for the products concerned in the different Member            originating in Malta.
States, the quota amount should be divided into two
instalments, the first instalment being allocated
among the Member States, and the second forming               2 . Within the limits of this tariff quota, the
a reserve intended ultimately to cover the require­          Common Customs Tariff duties shall be totally
ments of the Member States which have used up                 suspended .
their initial shares ; whereas, in order to ensure a
certain degree of security to importers in each              This suspension shall be fully applied in the new
Member State, the first instalment of the Community           Member States .
quota should be determined at a level which, under
present circumstances, may be approximately 60%
of the quota amount;                                                                  Article 2
                                                              1 . A first instalment, amounting to 575 metric tons
Whereas the initial shares of the Member States may          of the Community tariff quota referred to in Article 1 ,
be used up at different times ; whereas, in order to         shall be shared among the Member States ; the shares,
take this fact into account and avoid any break in           which subject to Article 5 shall be valid until
continuity, it is important that any Member State            31 December 1976, shall consist of the following
having used up almost the whole of its initial share          amounts :
should draw an additional share from the reserve ;
whereas , this must be done by each Member State                      Benelux                   60 metric tons,
as and when each of its additional shares is almost
                                                                      Denmark                   20 metric tons ,
entirely used up, and repeated as many times as the
reserve allows ; whereas the initial and additional                   France                    80 metric tons,
shares must be available for use until the end of the
                                                                      Germany                   60 metric tons ,
quota period ; whereas this method of administration
calls for close cooperation between Member States                     Ireland                   30 metric tons ,
and the Commission, which must, in particular, be                     Italy                    250 metric tons,
able to observe the extent to which the quota amount
is used and inform Member States thereof ;                            United Kingdom            75 metric tons .
                                                             2 . The second instalment of 370 metric tons shall
                                                             constitute the reserve .
Whereas if, at a specified date in the quota period, a
considerable balance remains in one or other Member
State it is essential that that Member State pays a                                   Article 3
large amount of it back into the reserve, in order to
avoid a part of the Community quota remaining
unused in one Member State when it could be used              1 . If 90% or more of the initial share of a Member
in others ;                                                  State, as laid down in Article 2 ( 1 ), or 90% of that
 ---pagebreak--- 8 . 12 . 75                          Official Journal of the European Communities                           No L 317/47
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                 The Commission shall keep account of the shares
without delay, by notifying the Commission, to                  opened by Member States in accordance with
draw a second share equal to 15% of its initial share,          Articles 2 and 3 and shall inform each of them of
rounded up to the next unit where appropriate, to               the extent to which the reserve has been used as
the extent that the amount in the reserve allows .
                                                                soon as it receives the notifications .
2. If, after its initial share has been exhausted, 90%          The Commission shall, not later than 5 October
or more of the second share drawn by a Member                   1976, notify Member States of the amount in the
State has been used, that Member State shall, in                reserve after the return of shares pursuant to
accordance      with   the   conditions   laid   down    in     Article 5 .
paragraph 1 , proceed to draw a third share equal to
7-5% of its initial share, rounded up to the next unit          The Commission shall ensure that any drawing which
where appropriate, to the extent that the amount in             uses up the reserve is limited to the balance available
the reserve allows .                                            and for this purpose shall specify the amount thereof
                                                                to the Member State which makes the last drawing.
3 . If, after its second share has been exhausted, 90%
or more of the third share drawn by a Member                                            Article 7
State has been used, that Member State shall proceed,
 in the same way to draw a fourth share equal to the
third .                                                         1 . The Member States shall take all appropriate
                                                                measures to ensure that, when additional shares are
                                                                drawn pursuant to Article 3 , it is possible for charges
This process shall be applied until the reserve is              to be made without interruption against their
exhausted .                                                     accumulated shares of the Community quota.
4. Notwithstanding the provisions of paragraphs 1 ,             2. The Member States shall ensure that importers
2 and 3 , a Member State may proceed to draw                    of the product concerned established in their
shares smaller than those fixed in those paragraphs,            territory have free access to the shares allocated to
 if there is reason to believe that they might not be           them .
 used up . They shall inform the Commission of the
 reasons which led them to apply this paragraph.                3 . The Member States shall charge imports of the
                                                                said goods against their shares as and when the
                                                                goods are entered for home use.
                          Article 4
                                                                4. The extent to which a Member State has used
                                                                up its share shall be determined on the basis of
 Each of the additional shares drawn pursuant to                the imports charged in accordance with paragraph 3 .
 Article 3 shall be valid until 31 December 1976 .
                                                                                        Article 8
                          Article 5
                                                                On receipt of a request from the Commission,
                                                                Member States shall inform it of imports actually
The Member States shall return to the reserve, not              charged against their shares .
 later than 1 October 1976, the unused portion of
 their initial share which, on 15 September 1976, is in
                                                                                        Article 9
 excess of 20% of their initial amount. They may
 return a larger portion if there are grounds for
 believing that such portion may not be used in full .          The Member States        and    the     Commission  shall
                                                                 cooperate closely in order to ensure that this
The Member States shall, not later than 1 October               Regulation is observed.
 1976, notify the Commission of the total imports of
the product in question effected up to and including
                                                                                        Article 10
 15 September 1976, and charged against the
 Community quota and, where appropriate, the
proportion of their initial share that is being returned        This Regulation shall enter into force on 1 January
 to the reserve .                                                1976,
 ---pagebreak--- No L 317/48                      Official Journal of the European Communities                      8 . 12 . 75
            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