CELEX: 51975PC0348
Language: en
Date: 1975-07-11
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL opening, allocation and providing for the administration of a Community tariff quota for cotton yarn falling within heading No 35.05 of the Common Customs Tariff, originating in Malta (1976)#Proposal for a REGULATION (EEC) OF THE COUNCIL 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)#Proposal for a REGULATION (EEC) OF THE COUNCIL 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 (1976)#Proposal for a REGULATION (EEC) OF THE COUNCIL 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 (1976) (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 348
Vol. 1975/0139
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION G F THE EUROPE AN COMMUNITIES
                                                                       COM(75)348 final
                                                                    Bru e sel s , 11 July
                                             Proposai f or a
                               REGULATION ( EEC ) OF THE COUNCIL
        opening, allocation and providing for the administration of a Community tariff quota
        for cotton yarn failing within heeding No 35.05 or the Common Customs Tariff, originating
                                                   in Ma - ta
                                                  ( 1976 )
                                            Proposai for a
                               REGULATION ( EEC ) OF THE COUNCIL
        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
                                                   ( 197 6 )
                                          Proposai for a
                           REGULATION ( EEC ) OF THE COUNCIL
        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
                                                 ( 1976 )
                                            Proposai for a
                             REGULATION ( EEC ) OF THE COUNCIL
       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
                                               ( 1976 )
                 ( submitted by the Commission t * the Council )
COM(75 ) 3^8 final
 ---pagebreak---                           EXPLANATORY MEMORANDUM
 1 . Article 3 of the Agreement between the European Economic
      Community and Malta , read with Articles 1 and 2 of Annex 1
      thereto , provides for the opening of Community tariff quotas for
      the importation into the Community of the following products , '
     .originating in Malta , at the quota duties specified below :
      CCT Heading              Product               Anriual      tiuota .
                                         !♦      *
            No                                       volume       duty
            •       i
                                         I           - tons-
          '         i                  *           f
                    l
     55.05          ! Cotton yarn , not put
                      up for retail sale :              750         30 %
                                                                   of the
     56.0k            Kan-made fibres ( dis­                         CCT
                      continuous or waste ),                       duties
                      carded , combed or other­               k
                      wise prepared for
                      spinning :                        600   .
        ι I
                                          (
        ii                               t • '                  I
     60.05            Outer garments and .
                      other articles ,
                      knitted or croched , not
        M             elastic nor rubberised :          100 "
     61.01            Men's and boy * s outer
       .i             garments                          300
     »• »»                               ih    •»
2 * At its session of V5 June 1973 however , the Council agreed that
     Mklta should be treated , as from 1 January 197^, no less favourably
     than' countries eligible for the Generalised System of Preferences *
     This- undertaking implies that the treatment hitherto granted to
     Malta will be improved comparably . For the year 1974                 this
   .   i,
     improvement        consists in a autonomous 50 % increase of the quota
     amounts fixed in the EEC/Malta Agreement , and totaT'suspension
     of duties in the CCT and the national Customs tariff of each of the
     Member States * An other increase of 5 $ was agreed for 1975 •
 ---pagebreak---                                   . 2 -
3 » The Regulations provide , in the usual way , for the splitting
     up of the tariff volumes into two parts , of which the first
     will be allocated among the Member States as quota shares and
     the second will be kept as a reserve .
   I
k * *he allocation of the first part of the quotas for the products
     falling within the tariff headings 55«0;? and'60.0p has been
     undertaken according to the rules generally applied hitherto .
     The total imports of each Member State for 1971 » 1972 and 1973
     have been expressed as a proportion of total Community imports
     over the same period . The resulting percentages have been
     applied State by State to the volume of the first part , the
     last digit of the number of metric tons being rounded off .
                                          i           !
5 * However , it does not seem appropriate to apply this rule to the
     tariff quota for man-made fibres ( 56.0*0 and outer garments ( 60.05 )
     since :
     ( a ) import figures for certain Member States varied considerably
           from year to year ;                              ,    ■          f
     ( b ) other Member States imported none at all ;
     ( c ) total Community imports are . lower than the agreed tariff quota
           volumes ;                   r. ■                   i
     ( d ) it is difficult to forecast future imports .
       In this situation and in view nevertheless to allocate the quota
       volume fairly among the Member States according to their respective
       sizes , it seems indicated that each Member State takes a significative
       part in the quota volume. Of course , this formula has to be adapted
       to the futur development of imports .
                                                        ;
 ---pagebreak---  6 . The proposed Regulations provide for a single method of ,
     administration to be applied by all Member States , namely the
     " as and when " method .
7 « The Member States * experts who participated in the consultative meeting
    of the "Economic Tariff Problems" Group ( 14/18 April 1975 ) expressed
    agreement in principle to the scheme for allocation of shares proposed
    by the Commission in the framework of the regulations annexed .
 8* In formulating its proposals the Commission whishes to draw up in
     good time, having regard to inherent procedural delay, an instrument
     to give effect to the commitments at present in foroe with respect
     to Malta .                                                            1
                     * '                               '
                              Being aware, however, of the problems posed
     by the continuing development of the. situation, the Commission
     accordingly reserves the right to make adaptations to its proposals
     should suoh be necessary *
    Annexes î
    – 4 proposals of Regulations of the Council
 ---pagebreak---                                                                                                          ANNEX A
                                                      Proposai
                               REGULATION (EEC) No . . ./75OF THE COUNCIL
                                                   of                                                                     '
               opening, allocation and providing for the administration Or a Community tariff quota
       >       for cotton yarn falling within heading No 55.05 of the Common Customs Tariff, originating
                                                            in Malta
                                                       • (1976)        •                              n
                                                                                                         '                  . n
THE COUNCIL OF THE EUROPEAN COMMUNITIES,.                                fined to the original Member States and the new
                                                           .>             Member States shall participate xn
                                                                 ,         the supplementary volume ;
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 access
                                                                         to the abovementioned quota and uninterrupted
Having regard to the proposal from the Commission;                       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 used up; whereas,
Whereas the Agreement between the European Eco-                          having regard to the principles mentioned above, the
nomic Community and Malta, signed at Valetta on                          Community nature of the quota can be respected by
5 December 1970, provides in Article 3 (1 ), together                    allocating the Community tariff quota among the
with Article 2 of Annex I, for the opening by the                        Member States; whereas, in order to reflect more
Community of an annual Community tariff quota                            accurately the actual development of the market in
of 750 metric tons of cotton yarn not put up for                         the product concerned, such allocation should be in
retail sale falling within heading No 55.05 of the                       proportion to the needs of the Member States, as-
Common Customs Tariff, originating in Malta;                             sessed by reference to both the statistics of each
whereas, pursuant to Article 1 of the said Annex, the                    State's imports of the said goods from Malta over
quota duty is equal to 30 % of the Common Customs                        a representative period and the economic outlook for .
Tariff duty in respect of the product concerned ;                         the quota period concerned ;
whereas, with a view to granting Malta a treatment
not less favourable than that enjoyed by countries
eligible for the generalized system of preferences, i                    Whereas, during the last three years for which stat-
the                      volume should be increased                      istics are available, the corresponding imports by
 to l,l8l metric tons and the duties                                     each of the Member States represent the following
totally suspended * whereas , as regards                                 percentages of the imports into the Community, from
the allocation of this tariff quota ,-                                   Malta, of the products concerned :             ,
the quota volume, laid down in the                                                                                .
Agreement should be con­
             ■                                  ■   '      •„ ' V ■ ■                                          '
                     "      "                 I         1972                          1973                       1974
               Germany                        | 57.3            51-4           45-5 .        39-8          30,1   24,3
               Bénélux                            28-7          25-7 .         34 8 .        30-4    Ί     39,7   32,0
               France                              5.4            4-8           8-0            7-0         23,7   19,1
               Italy                               8-6             7-8         11-7        ' 10-2           6.-5    5,a
               Denmark                                             0-1                       : 0·0   γ
               Ireland                                             3-2                         0-1                  0,6
                United Kingdom                                •    7-0                       12-5
                                                                                                   i
                                                                                                       >
                                                                                                         L_| 18,7
 ---pagebreak---                                                                                        ANNKX A
. Whereas, in view of these factors of the foreseeable  administration of shares granted to the abovemen-
  development during 1975" of the market for the prod­  tioned Economic Union may be carried out by any
  ucts in question and in particular of the estimates   one of its members,                                 ,
  submitted by certain Member States, initial quota
  shares may consequently be fixed approximately as
  follows :              '
                                                        HAS ADOPTED THIS REGULATION :
          Bénélux                             23,0
          Denmark                              0,1                                Article 1
          France                              51,0
          Germany                                       1 . From 1 January to 31 December 197© a tariff
                                               6,2      quota of 1 , l8lmetric tons shall be opened in the
          Ireland                              1,1      Community for cotton yarn , not put up for retail
          Italy                                9,9      sale, falling within heading No 55.05 of the Common
                                                        Customs Tariff, originating in Malta.
          United Kingdom                       8,7
                                                        2. Within the limits of this tariff quota the Com­
  Whereas, in order to take into account import trends  munity Common Customs Tariff duties shall be
  for the products concerned in the different Member    totally suspended.
  States, the quota amount should be divided into two
  tranches, the first tranche being allocated among the This suspension shall be fully applied in the new
  Member States and the second forming a reserve         Member States .
  intended ultimately to cover the requirements of the
  Member States which have used up their initial quota
                                                                                   Article 2
  shares ; whereas, in order to ensure a certain degree
  of security to importers in each Member State, the
  first tranche of the Community quota should be         1 . A first tranche, amounting to 805 metric tons of
  determined at a level which, under present circum­     the Community tariff quota referred to in Article 1,
  stances, may be approximately 70% of the quota         shall be shared among the Member States; the
  amount ;                                              proportions which, subject to Article 5, shall be valid
                                                         until 31 December 197(5" shall consist of the following
                                                         amounts :
  Whereas the initial quota shares of the Member
  States may be used up at different times; whereas,                                         410 metric tons .
  in order to take this fact into account and avoid any           Germany
  break in continuity, it is important that any Member            Bénélux                    185 metric tons
  State having used up almost the whole of its initial            France                      50 metric tons
  quota share should draw an additional quota share
  from the reserve ; whereas this must be done by each            Italy                       80 metric tons
  Member State as and when each of its additional                 Denmark                      1 metric ton
  quota shares is almost entirely used up, and repeated           Ireland                      9 metric tons
  as many times as the reserve allows ; whereas the
  initial and additional quota shares must be available           United Kingdom              70 metric tons .
  for use until the end of the quota period ; whereas
  this method of administration calls for close cooper­  2. The second tranche of 376 metric Jons shall
  ation between Member States and the Commission,        constitute the reserve.
  which must, in particular, be able to observe the
  extent to which the quota amount is used and inform
  Member States thereof;                                                           Article 3
  Whereas if, at a specified date in the quota period,    1 . If 90% or more of the initial share of a Member
  a considerable balance remains in one or other         State, as laid down in Article 2 ( 1 ), or 90% of that
   Member State, it is essential that that Member State  share less the amount returned into the reserve, where
  pays a large amount of it back into the reserve to     the provisions of Article 5 have been applied, has
   prevent a part of the Community quota from            been exhausted, that Member State shall proceed
   remaining unused in one Member State when it could    without delay, by notifying the Commission, to draw
   be used in others ;                                   a second share equal to 15% of its initial share,
                                                          rounded up to the next unit where appropriate, to
   Whereas, since the Kingdom of Belgium, the Kingdom     the extent that the amount in the reserve allows.
   of the Netherlands and the Grand Duchy of Luxem­
   bourg are united in and represented by the Benelux    2. If, after its initial share has been exhausted, 90 %
   Economic Union, all transactions concerning the        or more of the second share drawn by a Member
 ---pagebreak---                                                                                                     MMEX A
       State has been used, that Member State shall, in                to which the reserve has been used as soon as it
       accordance with the conditions laid down in para­               received the notifications .
       graph 1 , proceed without delay to draw a third share
       equal to 7-5% of its initial share, rounded up to the          The Commission shall , not later than .5 October
                                                                       197(5", notify Member States of the amount in the
       next unit where appropriate, to the extent that the
       amount in the reserve allows.                                  reserve after the return of shares pursuant to
                                                                      Article 5 .
       3. If, after its second share has been exhausted, 90%          The Commission shall' ensure that any drawing which
       or more of the third share drawn by a Member Stpte             uses up the reserve is limited to the balance available
       has been used, that Member State shall proceed, in             and, for this purpose, shall specify the amount there­
       the same way, to draw a fourth share equal to the              of to the Member State which makes the final
       third .                                                        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                 measures to ensure that, when additional shares are
       1 , 2 and 3, the Member States may proceed to draw             drawn pursuant to Article 3 , it is possible for charges
       shares smaller than those fixed in those paragraphs,           to be made without interruption against their ac­
       if there is reason to believe that they might not be           cumulated 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 territory
                                                                      have free access to the shares allocated to them.
                                Article 4
                                                                 i
                                                                      3 . The Member States shall charge imports of the
      Each of the additional shares drawn pursuant to                 said goods against their share as and when the goods
       Article 3 shall be valid until 31 December 1915".              are entered for home use.
                               Article 5                              4. The extent to which a Member State has used
The Member States shall return to the re­                             up its 'share shall be determined on the basis of the
                                                                      imports charged in accordance with paragraph 3 .
serve , not later than 1 October 1976 , the
unused portion of their initial share which ,
on 15 September 1976 , is in excess of 20 %                                                    Article 8
of the initial amount . They shall return a                                                                  ,
                                                                      Member States shall inform the Commission at
                                                                                                                            *
larger quantity if there is reason to believe;                        regular intervals of imports actually charged against
that such quantity might not be used .                                their shares .
      The Member States shall , not later than 1 ' October          Î           ■     >
      1975", notify the Commission of the total imports of
      the product concerned effected up to 15 September                                        Article 9
      197<f inclusive, and charged against the Community             The Member States and the Commission shall
     quota and, where appropriate, the proportion of                 cooperate closely in order to ensure that this Regu­
      their initial share that is being returned to the reserve.      lation is observed .
                               Article 6
                                                                                              Article 10
     The Commission shall keep account of the shares
     opened by Member States in accordance with Articles            This Regulation shall enter into force on 1 January
     2 and 3 and shall inform each of them of the extent
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States.
                     Done at Brussels,
                                                                                           For the Council
                                                                                            The Président
 ---pagebreak---                                                                                                 ANNEX B
                                                                                                              I '
                                                 Proposai
                             REGULATION (EEC) No ; . . h ^ OF THE COUNCIL
                                                of
             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,                        laid down in the Agreement should be confined to
                                                              - the original Member States and the new
                                                                Member States shall participate in
Having regard to the Treaty establishing the                    the supplementary volume ;
European Economic Community, and in particular                    ,
Article 113 tnereof;                                            Wfl          ...           . ,
                                                                 whereas it is in particular necessary to ensure to
..   .         ,      ,            . >        ,    _            all Community importers equal and uninterrupted
Having regard to the proposal from the Com-                     accegg ^ fhe abovementioned quota and uninter_
mission;                                                        rupted application of the rate laid down for that
                                                                quota to all imports of the product concerned into
Whereas the Agreement between the European                      ajj Member States until the quota has been used
Economic Community and Malta, signed at Valetta                 Up. whereas, having regard to the principles
on 5 December 1970, provides in Article 3 (1 ),                 mentioned above, the Comntunity 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 600 metfic tons of man-made fibres ,                   order to reflect more accurately the actual develop­
(discontinuous or waste), carded, combed, or other-             ment of tne market in the product' concerned, such
wise prepared for spinning falling within heading               allocation should be in proportion to the needs of
No 56.04 of the Common Customs Tariff,                          the Member States, assessed by reference to both the
originating in Malta; whereas, pursuant to Article 1            statistics of each State's imports of the said goods
of the said Annex, the quota duty is equal to 30 %              from Malta over a representative period and the
of the Common Customs Tariff duty in respect of                 economic outlook for the quota period concerned;
the product concerned ; whereas, with a view to
granting Malta a treatment not less favourable than
generalized   system of preferences, the                        Whereas, during the last three years for which
            volume should be increased to 945                   statistics are available, the corresponding imports by
metric tons and the duties totally sus– each of the Member States represent the following
 pended ; whereas , as regards and the                          percentages of the imports into the Community from
 duties totally suspended ; whereas , as                        Malta of the products concerned :
 regards the allocation of this tariff
quota , the quota volume                                                                 •
                                                   1972                    191'3               1974
             Germany
             Benc «x
             France
             ïtaly                         |  100        66,8 |
                                            i
             Denmark                                                                                  100
             Ireland    '
                                                         15,5           M»
             United Kingdom                              17 , 7
 ---pagebreak---                                                      •2.                                 ANMEX B
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 :
         Bénélux                           . 10,4
         Denmark                              3,5
                                                                                  Article 1
         France                              10,4
         Germany                             13,9         1 . From 1 January to 31 December 1975", a Com­
         Ireland                              5,2        munity tariff quota of. 945 metric tons shall be _
                                                         opened in the Community for man-made fibres
         Italy                               43,6         (discontinuous or waste), carded, combed or
         United Kingdom                      13,0         otherwise prepared for spinning falling within
                                                          heading No 56.04 of the Common Customs Tariff,
Whereas, in order to take into account import trends      originating in Malta.
 for the products concerned in the different Member
 States, the quota amount should be divided into two      2. Within the limits of this tariff quota the Com­
 tranches, the first tranche being allocated among the    munity Common Customs Tariff duties shall be
 Member States and the second forming a reserve •         totally suspended.
 intended ultimately to cover the requirements of the
Member States which have used up their initial            This suspension shall be fully applied in the new
 shares ; whereas, in order to ensure a certain degree    Member States.
 of security to importers in each Member State, the
 first tranche of the Community quota should be                                   Article 2
 determined at a level which, under present circum­
 stances, may be approximately 60% of the quota
                                                          1. A first tranche of 575 metric tons of the Com­
 amount ;
                                                          munity tariff quota referred to in Article 1 shall be
                                                          shared amorfg 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
take this fact into account and avoid any break in        amounts :
continuity, it is important that any Member State
having used up almost the whole of its initial share               Bénélux                   60 metric tons
should draw an additional share from the reserve ;                                           20 metric tons
                                                                   Denmark
whereas, this must be done by each Member State as
 and when each of its additional shares is almost                  France              .     80 metric tons
 entirely used up, and repeated as many times as the .             Germany
                                                                                       i
                                                                                            60 metric tons
reserve allows ; whereas the initial and additional
shares must be available for use until the end of                  Ireland                  30 metric tons
the     quota    period ;  whereas ■ this    method of             Italy  .                250 metric tons
 administration calls for close cooperation between
 Member States and the Commission, which must, in
                                                                   United Kingdom            75 metric tons
 particular, be able to observe the extent to which                                    of 370 metric tons shall
                                                               The second tranche
 the quota amount is used and inform Member States
                                                          constitute the reserve.
 thereof;
 Whereas if, at a specified date in the quota period,                              Article 3
 a considerable balance remains in one or other
 Member State it is essential that that Member State       1 . If 90% or more of the initial share of a Member
 pays a large amount of it back into the reserve to        State, as laid down in Article 2 (1 ), or 90% of that
 prevent a part of the Community quota from                share less the amount returned into the reserve,
 remaining unused in one Member State when it              where the provisions of Article 5 have been applied,
  could be used in others;                                 has been exhausted, that Member State shall proceed
                                                           without delay, by notifying the Commission, to draw
 Whereas, since the Kingdom of Belgium, the King­          a second share equal to 15% of its initial share,
  dom of the Netherlands and the Grand Duchy of            rounded up to the next unit where appropriate, to
  Luxembourg are united in and represented by the '        the extent that the amount in the reserve allows.
 ---pagebreak---                                                                                                         ANNEX B
      2. If, after its initial share has been exhausted, 90%            Articles 2 and 3 and shall inform each of them of the
      or more of the second share drawn by a Member                     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               5 October 197<f, 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.
                                                                       The Commission shall ensure that any drawing
     3 . If, after its second share has been exhausted,                 which uses up the reserve is limited to the balance
     90% or more of the third share drawn by a Member                   available and, for this purpose, shall specify the
     State has been used, that Member State shall                       amount thereof to the Member State which makes
     proceed, in the same way, to draw a fourth share                   the final drawing.
     equal to the third.
     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 charges
     shares smaller than those fixed in those paragraphs,              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 197!S.                  3. The Member States shall . charge imports of the
                                                                       said goods against their shares as and when the
                                Article 5                              goods are entered for home use.
The Member States shall return to the re­                              4. The extent to which a Member State has used
serve , not later than 1 October 1976 , the                            up its share shall be determined on the basis of
unused port i. on_-_of their initial share which, the imports charged in accordance with paragraph 3 .
on 15 September 1976 , is in excess of 20 %
of the initial amount . They shall return a                                                      Article 8
larger quantity if there is reason to belie­
                                                                       Member States shall inform the Commission at
ve that such quantity might not be used .                              regular intervals of imports actually charged against
   The       Member       States    shall, not      later  than        their shares .
                                                                                         »               * I'
    1 October 1970", notify the Commission of the total          '
    imports of the product in question effected up to                                            Article 9 ,
   and inch-ding 15 September 197<S" and charged                                                                      \
   against the Community quota and, where appro­                       The Member States and the Commission shall
   priate, the proportion of their initial share that is             cooperate closely in order to ensure that this
   being returned 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 1 97tfl
                ^ States.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                                                               '     -                '                     i
                  Done at Brussels,
                                                                                            For the Council
                                                                                              The Président
                                              f
 ---pagebreak---                                                                                                            ANNTCX C
                                                       1 Proposai
                                     REGULATION (EEC) No . . ./7!PF THE COUNCIL
                                                          of                                                      '
                     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                                     /
                                                                ( 1976 )
        THE COUNCIL OF THE EUROPEAN COMMUNITIES, ■                             be confined to the original Member States and the          J
  .                                                                 .         new Member States shall participate                     ,     *
        „ .              ,                         1 ,. ,.       1             in the supplementary volume ;
        Having    regard    to the   Treaty    establishing     the     •
        European Economic Community, and in particular                                                       „                              -
        Article 113 thereof:    -                                                                            I                           '■*
    ''                                                                         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 abovementiotjed quota and . .
                                                                           1 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 , orc|er to reflect more accurately the actual develop-                            ,
        other articles, knitted or crocheted, not elastic or                   mcnt Df t)ie 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 .                                                     '           1
        by countries eligible for the generalized system of \ Whereas, during the last three years for which '                                .
        preferences, the volume should be increased.                           statistics are available, the corresponding imports by
       to 158 metric tons and the duties to– •                                 each of the Member States represent the following        ' 5
       tally suspended ; whereas , as regards 1                                percentages of the imports into the Community from ■; ■
       the allocation of this tariff quota,                                    Malta of the products concerned:          ^
       the quota volume laid down in the
       Agreeraent should                                                     ■                                                 v   ■    - «
                                                              1972                        1973                    1974
                     Germany            ,                 43     r     0-8                  r            s
                                                                                                         .y
                                                                                                              " 4,0     1,8
                     Bénélux                                                                          1         7,0     3,3
                     France                              93-6         17-1          94*6       52-0           50.0     22,8
                     Italy                                21           0-4            J-4       r-9      t
                                                                                                              39,0     17,8
                                                                                                      •■-i
                     Denmark                                                                    0-6  ■a                 1,8
                     Ireland          .                                01                       1-9
                     United Kingdom                                  81-6                      410                     52,5
 ---pagebreak---                                                                                           ANNEX C
                                                              Ί
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 :
        Bénélux                              8*3
        Denmark                           v  4-2
                                                                                  Article 1
        France                              41 ?          1 . From 1 January to 31 December 1976 , a Com­
        Germany                             12-5          munity tariff quota of 158 metric tons shall be
        Ireland                              4-2          opened in the Community for outer garments and
                                                          other articles, knitted or crocheted, not elastic or
        Itaiy                               12-5          rubberized, falling within heading No 60.05 of the
        United Kingdom                      166         " 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. 1
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 75% 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
                                                          31 December 1975" shall consist of the following
be used up at different times ; whereas, in order to
                                                          amounts :
take this fact into account and avoid any break in
continuity, it is important that any Member State                  Bénélux                i( 10 metric tons
having used up almost the whole of its initial share               Denmark                 i. 5 metric t6ns
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                                           15 metric tons
                                                                   Germany
entirely used up and repeated as many times as the
reserve allows; whereas the initial and additional                 Ireland                 i ; 5 metric tons'
shares must be available for use until the end of                  Italy                      15 metric tons
the quota period ; whereas this method of                          United Kingdom             20 metric tons
administration calls for close cooperation between •
Member States and the Commission, which must,
in particular, be able to observe the extent to which     2. The second tranche of 38 metric tons shall
the quota amount is used and inform Member States ,       constitute the reserve.
thereof;                  1
                                                                                  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;                              /   proceed 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 JDuchy of            appropriate, to the extent that the amount in the
Luxembourg are united in and represented by the           reserve allows.     ,
 ---pagebreak---                                                                3.                               MÎTEX C
       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
                                                                   The      Commission        shall,     not       later    than
       paragraph 1 , proceed to draw a third share equal            .5 October 197(f, notify Member States of the
       to 7-5% of its initial share, rounded up to the next        amount in the reserve after the return of shares
       unit where appropriate, to the extent that the amount       pursuant to Article 5 .
        in the reserve allows.
                                                                   The Commission shall ensure that any drawing
       3. If, after its second share has been exhausted,           which uses up the reserve is limited to the balance
       90% or more of the third share drawn by a Member            available and, for this purpose, shall specify the
       State has been used, that Member State shall proceed,       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 thpir
       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              3. The Member States shall charge imports of the
       Article 3 shall be valid until 31 December 1975*.
                                                                    said goods against their share as and when the goods
                                 Article 5                          are entered for home use.
The Member States shall return to the reserve , 4. The extent to which a Member State has used
not later than 1 October 1976 , the unused poi*- up its share shall be determined on the basis of the
tion of their initial share which , on 15 Sep­ imports charged in accordance with paragraph 3.
tember 1976 , is in excess of 20 $ of the ini­
tial amount . They shall return a larger quan­                                               Article 8
tity if there is reason to believe that such
                                                                    Member States shall inform the Commission ^ at
quantity might not be used .                                        regular intervals of imports actually charged against
       The Member States shall, not later than '                    their shares.
       1' October 1976", 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                   cooperate closely in order to ensure that this
      proportion of their initial share that is being returned
       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 197<F.
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States.               '                                                      r
                     Done at Brussels,
                                                                                          For the Council
                                                                                           The Président
 ---pagebreak---                                                                                                  ANNEX D
                                                     Proposai
                                  REGULATION (EEC) No . . ./750F THE COUNCIL
                                                   of
                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
                                                     . ( 1976 )                   .                     n
   THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       pate in the supplementary volume ;
   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 anhual 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 volume should be increased
to 473 metric tons and the duties total­                          Whereat during the last, three years for which™,
                                                                  statistics are available, the corresponding imports by '
ly suspended } whereas , as regards the                           each of the Member States represent the following
allocation of this tariff quota , the quota percentages of the imports into the Community frpm
volume laid down in the Agreement should                          Malta of the products concerned:
be confined to thor Griffins! Member- §ta-te0-T>
and the new Member States ehell parti ei–
    '                     \                               '                          -M        '                ' " ■ V
'•                       -r    '   1 ';
                         r-.,.« :       V                    -                                     3
                                                                                                       1974
                Germany                   ,   I  55-5   I   43-4       31-0        19-4 I * 16,2             7,7
                Bénélux                          27-3       21-4       35-1       22'0   >    45,5          21,6
                France                            11-7        92        11-9        7-4       22,9          10,9
                Italy                              5-5        4-2      220        13-7        15,4           7,4
                Denmark                                       7-6                 290                       31,9
                Ircland                                       0-2                   0-2                      0,4
                United Kingdom                              14*0                    8-3                     20,1
 ---pagebreak---                                                                                   ANNEX D
Whereas in view of these factors of the foreseeable      administration of shares granted to. the above
development during 197<S* 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 :
        Bénélux                           ■ 12,7                                  Article 1
        Denmark                             17.5         1 . From 1 January to 31 December 1976 , a Com­
        Germany                             47.6         munity tariff quota of 47 3 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                       9,2         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 1976" shall consist of the following
circumstances, may be 67% of the quota amount;           amounts :
                                                               , Bénélux                       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                                          ' 150
                                                                 Germany                          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          The second tranche of 158            metric  tons shall
reserve allows; whereas the initial and additional       constitute the reserve.      ' %
                                                                                          v
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---                                                                                                        ANNEX D
    3. If, after its second share has been exhausted, 90%            The Commission shall , not later than 5 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
                                                                       to be made without interruption against their
                              Article 4
                                                                       accumulated shares of the Community quota .
    Each of the additional shares drawn pursuant to                    2. The Member States shall ensure that importers of
    Article 3 shall be valid until 31 December 1975".                  the product concerned established in their territory
                              Article 5                                have free access to the shares allocated to them .
The Member States shall return to the re­                              3. The Member States shall charge imports of the
serve , not later than 1 October 1976 , the                            said goods against their share as and when the goods
unused portion of their initial share                               „ are entered for home use.
                                                                  ■ -V         »
which , on 15 September 1976 , is in excess                            4. The extent to which a Member State has used up
of 20          of the initial amount . They shall                      its share shall be determined on the basis of the
return a larger quantity if there is rea­                              imports charged in accordance with paragraph 3.
son to believe that such quantity might                                                          Article1 8
not be used .
    The Member States shall, not later than 1 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                                        Article 9
     initial share that is being returned to the reserve.
                                                                        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.                                        197df.             '        ,
                    This Regulation shall be binding in its Entirety and directly applicable in all Member
                    States.
                    Donc at Brussels,
                                                                                              For the Council
                                                                                                The Président
                                                              ' '        t ' '   ,            .         <       '  *
                                                                                                                   i