CELEX: 31973R1251
Language: en
Date: 1973-05-14 00:00:00
Title: Regulation (EEC) No 1251/73 of the Council of 14 May 1973 on the opening, allocation and 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 the Republic of Cyprus

21.5 . 73                                Official Journal of the European Communities                          No L 133 / 109
                                 REGULATION (EEC) No 1251 /73 OF THE COUNCIL
                                                         of 14 May 1973
                on the opening, allocation and 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 the Republic of Cyprus
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            — equal and continuous access to the quota should
                                                                        be ensured for all importers and quota duties
                                                                        should be applied consistently to all imports of
Having regard to the Treaty establishing the                            the goods in question until the quota is used up ;
European Economic Community and in particular
Article 113 thereof,
                                                                     — in the light of the principles elicited above, the
Having regard to the proposal from the Commission,                      Community nature of the quota may best be
                                                                        preserved by an arrangement allocating it among
                                                                        the Member States ; whereas in order to reflect
Whereas        the      Agreement (*)      establishing     an          most accurately the actual development of the
Association between the European Economic                               market in the said goods, such allocation should
Community and the Republic of Cyprus, hereinafter                       be proportionate to the requirements of the
called 'the Agreement', and the Protocol (2 ) laying                    Member States, calculated both from statistics of
down certain provisions concerning that Agreement                       each State's imports of the said products
as a result of the accession of new Member Stales to                    originating in the Republic of Cyprus over a
the European Economic Community, hereinafter                            representative reference period and from the
called 'the Protocol', provide for the opening of an                    economic outlook for the quota period
annual Community tariff quota of 500 metric tons of                     concerned;
men's and boys' outer garments falling within
heading No 61.01 of the Common Customs Tariff,
originating in Cyprus ; whereas pursuant to the joint                —- however, in view of the fact that during the last
declaration on Article 2 of the Protocol the tariff                      three years no such products originating in
quota should be allocated among the Member States                       Cyprus have been imported and no forecast can
as follows : 100 tons for the Community as originally                    be made for 1973, an initial share percentage of
constituted and 400 tons for the new Member States ;                    25 % allocated to each of the Member States
whereas Article 1 of Annex I to the Agreement                            concerned would ensure a fair distribution among
provides that the duties applicable to the quota shall                   them ;
be equal to 30 % of the Common Customs Tariff
duties ; whereas, as regards the duties applicable to
goods within the limits of the quota by the new                       — in order to take into account trends in imports of
Member States, the special provisions of the Protocol                    the said goods in the Member States concerned,
and of the Act of Accession (3 ) should be observed ;                    the quota amount should be divided into two
whereas a Community tariff quota of 500 metric tons                      parts, the first part being allocated among those
should be opened in respect of the abovementioned                        Member States and the second forming a reserve
products ; whereas to comply with the special                            intended to cover the later requirements of the
provisions of the Protocol, separate arrangements                        Member States which have used up their initial
should be made for the Member States of the                              share of the quota ; in order to ensure a certain
Community as originally constituted on the one hand                      degree of security to importers in each Member
and for the new Member States on the other hand ;                        State, the first part of the quota should be fixed ,
                                                                         in this case, at approximately 75 % ;
Whereas as regards in particular the Community as
originally constituted :                                              — the initial share of the quota of the Member
                                                                         States concerned may be used up at different
                                                                         rates ; whereas, in order to take this into account
                                                                         and to avoid any break in continuity, a Member
 (x ) See p. 2 of this Official Journal.                                 State which has almost used up its initial share of
 ('-) See p. 88 of this Official Journal.                                the quota should draw an additional share from
 (a ) OJ No L 73, 27. 3 . 1972, p. 14.                                   the reserve ; whereas this must be done by each
 ---pagebreak--- No L 133 / 110                     Official Journal of the European Communities                                21.5.73
                                                                                           ft.
    Member State as each of its additional shares of              should be applied consistently to all imports of
    the quota is almost used up , and repeated as                 the said goods until the quota is used up .
    many times as the reserve allows ; whereas the
    initial and additional quota shares must be valid
    until the end of the quota period ; whereas this
    method     of   administration    calls  for  close       HAS ADOPTED THIS REGULATION :
    cooperation between Member States and the
    Commission, which must, in particular, be able to
    observe the extent to which the quota amount is
                                                                                       Article 1
    used and inform Member States thereof;
                                                              A Community tariff quota of 500 metric tons is
— if, at a specified date in the quota period, a              opened within the Community for the period 1
    considerable quantity of the initial quota share is       June to 31 December 1973 in respect of men's and
    left over in a Member State, that Member State            boys' outer garments falling within heading No 61.01
    must transfer a significant proportion of it back         of the Common Customs Tariff, originating in Cyprus .
    into the reserve to prevent part of the quota             This quota shall be allocated and administered in
    allocated to the Community as originally                  accordance with the provisions set out below .
    constituted from remaining unused in one
    Member State when it could be used in others ;
                                                               Provisions applicable to the Community as originally
                                                                                    constituted
— since the Kingdom of Belgium, the Kingdom of
    the Netherlands and the Grand Duchy of
    Luxembourg are united in and jointly represented                                   Article 2
    by the Benelux Economic Union, any measure
    concerning the administration of shares granted
    to that Economic Union may be carried out by              The Common Customs Tariff duty is partially
    any one of its members ;                                  suspended at the rate of 5-1 % in respect of 100 metric
                                                              tons of the quota referred to in Article 1 .
Whereas, as regards in particular the new Member                                       Article 3
States :
                                                              1.    A first part amounting to 72 metric tons of the
— pursuant to the Protocol a gross amount of 400
    metric tons is allocated to the new Member                amount specified in Article 2 is allocated among the
                                                              Member States ; the shares which, subject to Article 6,
    States ; whereas the same general criteria for            are valid until 31 December 1973 are as follows :
    allocation as those used for the Member States of
    the Community as originally constituted should
                                                                          Benelux              18 metric tons
    be applied ; whereas, however, the United Kingdom
    has been the sole importer of such goods from                         Germany              18 metric tons
    Cyprus to the tune of 78 700 u.a . in 1970 and
    211 700 u.a . in 1971 ; whereas in view of these                      France               18 metric tons
    factors and the need to ensure a fair allocation
                                                                          Italy                18 metric tons.
    among those Member States of the 400 metric
    tons in question, the percentage shares of that           2.    The second part, amounting to 28 metric tons,
    quantity can be established as follows :                 constitutes the reserve .
    — Denmark : 15
    — Ireland : 15                                                                     Article 4
    — United Kingdom : 70 ;                                   1.    If 90 %     or more of the initial share of a
                                                              Member State laid down in Article 3 ( 1 ), or 90 % of
— the quota duties are to be calculated by the new           that share less the amount returned into the reserve
    Member States in accordance with Articles 3 , 4, 5 ,     where the provisions of Article 6 have been applied ,
    6 and 7 of the Protocol ;                                has been exhausted, that Member State shall proceed
                                                             without delay, by notifying the Commission , to draw
                                                             a second share, equal to 15 % of its initial share,
— equal and continuous access to the quota should            rounded up to the next unit where appropriate, to
    be ensured for all importers and quota duties             the extent that the reserve is sufficient .
 ---pagebreak--- 21 . 5 . 73                          Official Journal of the European Communities                          No L 133 / 111
2.      If, after its initial share has been exhausted,          in reserve after the return of shares pursuant to
90 % or more of the second share drawn by a                     Article 6.
Member State has been used, that Member State shall
proceed without delay, by notifying the Commission,             The Commission shall ensure that any drawing
to draw a third share, equal to 7-5 % of its initial            which uses up the reserve is limited to the balance
share, rounded up to the next unit where                        available and for this purpose shall specify the
appropriate, to the extent that the reserve is                  amount thereof to the Member State which makes
sufficient.                                                     the last drawing.
3.      If, after its second share has been exhausted,                                  Article 8
90 % or more of the third share drawn by a Member
State has been used, that Member State shall proceed,           The Member States shall take all appropriate
pursuant to the provisions of paragraph 2, to draw a            measures to ensure that when additional shares are
fourth share equal to the third. This process shall be          drawn pursuant to Article 4 it is possible for changes
applied until the reserve is exhausted.                         to be made without interruption against their
                                                                accumulated shares of the Community quota.
4.      Notwithstanding paragraphs 1 , 2 and 3 , a
Member State may proceed to draw shares smaller                                         Article 9
than those fixed in those paragraphs if there is reason
to believe that those shares might not be used up .
They shall inform the Commission of the reasons                 1.    The Member States guarantee to importers of
which led them to apply this paragraph.                         the said goods established in their territory free access
                                                                to the share allocated to them .
                          Article 5                             2.    The Member States shall charge imports of the
                                                                said goods against their share accordingly as the
                                                                goods are presented for customs clearance under
The additional shares drawn pursuant to Article 4               cover of declarations that they have been made
shall be valid until 31 December 1973 .
                                                                available for consumption.
                                                                3.    The extent to which the Member States ' shares
                          Article 6                             have been used up shall be recorded on the basis of
                                                                the imports charged in the conditions laid down in
If, by 15 September 1973 , a Member State has not               paragraph 2 .
used up its initial share, it shall, not later than 10
October 1973 , return to the reserve the unused                                        Article 10
portion of this share in excess of 20 % of the initial
amount. It may return a larger quantity if there are            Member States shall inform the Commission at
reasons to consider that such quantity might not be             regular intervals of imports of the said products
used .                                                          originating in the Republic of Cyprus actually
                                                                charged against their quota-shares .
The Member States shall, not later than 10 October
1973 , notify the Commission of the total imports of
the said goods effected up to and including 15                                         Article 11
September 1973 and charged against the Community
quota and, where appropriate, the proportion of their           The    Member    States  and    the  Commission     shall
initial share that is being returned to the reserve.            cooperate closely in order to ensure that the
                                                                provisions of this Regulation are observed .
                           Article 7
                                                                    Provisions applicable to the new Member States
The Commission shall keep an account of the
quota-shares opened by the Member States in                                            Article 12
accordance with Articles 3 and 4 and shall inform
each state of the extent to which the reserve has been          The new Member States shall apply duties applicable
used up as soon as it receives the notifications .              to goods within the limits of the quota which
                                                                conform with the relevant provisions of the
The Commission shall, not later than 15 October                 Agreement of the Protocol and of the Act of
 1973 , notify the Member States of the amount still            Accession .
 ---pagebreak--- No L 133 / 112                    Official Journal of the European Communities                             21 . 5 . 73
                      Article 13                                                   Article 14
A total amount of 400 metric tons of the quota               Articles 9, 10 and 11 shall apply to the new Member
referred to in Article 1 is allocated among the new          States .
Member States as follows :
                                                                                   Article 15
        Denmark                 60 metric tons
       Ireland                  60 metric tons               This Regulation shall enter into force on the third
                                                             day following its publication in the Official Journal
       United Kingdom          280 metric tons .             of the European Communities .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 14 May 1973 .
                                                                                  For the Council
                                                                                   The President
                                                                                R. VAN ELSLANDE