CELEX: 31975R3152
Language: en
Date: 1975-11-24 00:00:00
Title: Regulation (EEC) No 3152/75 of the Council of 24 November 1975 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)

8 . 12. 75                         Official Journal of the European Communities                                 No L 317/49
                             REGULATION (EEC) No 3152/75 OF THE COUNCIL
                                               of 24 November 1975
              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,                          treatment not less favourable than that enjoyed by
                                                                  countries eligible for the generalized preferences
                                                                  system, the abovementioned volume should be
                                                                  increased to 158 metric tons and the duties totally
Having regard to the Treaty establishing the.                     suspended ; whereas, as regards the allocation of this
European Economic Community, and in particular                    tariff quota, the quota volume laid down in the
Article 113 thereof;
                                                                  Agreement should be confined to the original Mem­
                                                                  ber States and the       new   Member       States should
Having regard to the proposal from the Commission ;               participate in the supplementary volume ;
                                                                 "Whereas it is in particular necessary to ensure to all
Whereas the Agreement between the European                       Community importers equal and uninterrupted access
Economic Community and Malta, signed at Valetta                  to the abovementioned quota and uninterrupted
on 5 December 1970, provides in Article 3 ( 1 )                  application of the rate laid down for that quota
together with Article 2 of Annex I for the opening               to all imports of the products concerned into all
by the Community of an annual Community tariff                   Member States until the quota has been used up ;
quota of 100 metric tons of outer garments and                   whereas, having regard to the principles mentioned
other articles, knitted or crocheted, not elastic or
                                                                 above, the Community nature of the quota can be
rubberized, falling within ' heading No 60.05 of the              respected by allocating the Community tariff quota
Common Customs Tariff, originating in Malta ;                     among the Member States ; whereas, in order to
whereas the first stage of the Agreement ends on                  reflect more accurately the actual development of
31 March 1976 and, pursuant to Article 6 of Annex I,             the market in the product concerned, such allocation
the pro rata temporis clause would apply to the                  should be in proportion to the needs of the Member
volume of the quota ; whereas the Community intends              States, assessed by reference to both the statistics
to maintain its trading relations with Malta ; whereas            of each State's imports of the said goods from Malta
the provisions governing the second stage should                  over a representative period and the economic
not be less favourable than those laid down for the
                                                                  outlook for the quota period concerned ;
first; whereas in order not to disrupt trading patterns
for the products in question, the Community tariff
quota should be opened for the whole of 1976 ;                   Whereas, during the last three years for which
whereas, pursuant to Article 1 of the said Annex,                 statistics are available, the corresponding imports by
the quota duty is equal to 30% of the Common                     each of the Member States represent the following
Customs Tariff duty in respect of the product                    percentages of the imports into the Community from
concerned ; whereas, with a view to granting Malta               Malta of the products concerned :
                                                       1972                     1973                1974
             Germany                               4-3       0-8                                 4-0      1-8
             Benelux                                                                             7-0      3-3
             France                               93-6      17-1           94-6      52-0       50-0     22-8
             Italy                                 2-1       0-4            5-4       2-9       39-0     17-8
             Denmark                                                                  0-6                 1-8
             Ireland                                         0-1                      2-9
             United Kingdom                                 81-6                     41-0                52-5
 ---pagebreak--- No L 317/50                       Official Journal of the European Communities                               8 . 12 . 75
Whereas both these percentages and the estimates             of Luxembourg are united in and represented by the
from certain Member States as well as the practical          Benelux Economic Union, any measure concerning
need to ensure that the obligations contracted under         the administration of the quota shares allocated to
the Agreement concerned are allocated fairly among           that economic union may be carried out by any of
all the Member States ; whereas, initial quota shares        its members ,
may consequently be fixed approximately as follows :
         Benelux                             8-3             HAS ADOPTED THIS REGULATION :
         Denmark                             4-2
         France                            41-7
                                                                                      Article 1
         Germany                            12-5
         Ireland                             4-2
                                                             1 . From 1 January to 31 December 1976 a Com­
         Italy                              12-5             munity tariff quota of 158 metric tons shall be
         United Kingdom                     16-6             opened in the Community for outer garments and
                                                             other articles, knitted or crocheted, not elastic or
                                                             rubberized, falling within heading No 60.05 of the
Whereas, in order to take into account import trends         Common Customs Tariff, originating in Malta .
for the products concerned in the different Member
States, the quota amount should be divided into              2 . Within the limits of this tariff quota the Common
two instalments, the first instalment being allocated        Customs Tariff duties shall be totally suspended.
among the Member States and the second forming
a reserve intended ultimately to cover the                   This suspension shall be fully applied in the new
requirements of the Member States which have used            Member States .
up their initial quota shares ; whereas, in order to
ensure a certain degree of security to importers in
each Member State, the first instalment of the Com­                                   Article 2
munity quota should be determined at a level which,
under present circumstances, may be 75% of the               1 . A first instalment, amounting to 120 metric tons
 quota amount ;                                              of the Community tariff quota referred to in Article 1 ,
                                                             shall be shared among the Member States ; the
                                                             shares, which subject to Article 5 shall be valid until
Whereas the initial shares of the Member States may
                                                             31 December 1976, 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                     Benelux                   10 metric tons,
having used up almost the whole of its initial share
should draw an additional share from the reserve ;                    Denmark                    5 metric tons,
whereas, this must be done by each Member State                       France                   50 metric tons,
as and when each of its additional shares is almost
entirely used up, and repeated as many times as the                   Germany                   15 metric tons,
reserve allows ; whereas the initial and additional                   Ireland                    5 metric tons,
shares must be available for use until the end of
                                                                      Italy                     15 metric tons,
the quota period ; whereas this method of
administration calls for close cooperation between                    United Kingdom            20 metric tons .
Member States and the Commission, which must,
in particular, be able to observe the extent to which        2 . The second instalment of 38 metric tons shall
the quota amount is used and inform Member States            constitute the reserve .
thereof;
                                                                                      Article 3
Whereas if, at a specified date in the quota period,
a considerable balance remains in one or other
                                                              1 . If 90% or more of the initial share of a Member
Member State it is essential that that Member State
                                                             State, as laid down in Article 2 ( 1 ), or 90% of that
pays a large amount of it back into the reserve, in          share less the amount returned into the reserve,
order to prevent a part of the Community quota               where the provisions of Article 5 have been applied,
from remaining unused in one Member State when               has been exhausted, that Member State shall proceed
 it could be used in others ;                                without delay, by notifying the Commission, to draw
                                                             a second share equal to 15% of its initial share,
Whereas, since the Kingdom of Belgium, the                   rounded up to the next unit where appropriate, to
Kingdom of the Netherlands and the Grand Duchv               the extent that the amount in the reserve allows .
 ---pagebreak--- 8 . 12. 75                            Official Journal of the European Communities                             No L 317/51
2. If, after its initial share has been exhausted, 90%           the extent to which the reserve has been used as
or more of the second share drawn by a Member                    soon as it receives the notifications .
State has been used, that Member State shall, in
accordance      with     the  conditions   laid  down    in      The Commission shall, not later than 5 October
                                                                 1976, notify Member States of the amount in the
paragraph 1 , proceed to draw a third share equal                reserve after the return of shares pursuant to
to 7-5% of its initial share, rounded up to the next             Article 5 .
unit where appropriate, to the extent that the amount
in the reserve allows .                                          The Commission shall ensure that any drawing
3 . If, after its second share has been exhausted, 90%           which uses up the reserve is limited to the balance
or more of the third share drawn by a Member                     available and for this purpose shall specify the
                                                                 amount thereof to the Member State which makes
State has been used, that Member State shall proceed,
                                                                 the last drawing.
in the same way, to draw a fourth share equal to
the third.
                                                                                          Article 7
This process shall be applied until the reserve is
exhausted .                                                       1 . The Member States shall take all appropriate
                                                                 measures to ensure that, when additional shares
4. Notwithstanding the provisions of paragraphs 1 ,
2 and 3 , a Member State may proceed to draw                     are drawn pursuant to Article 3 , it is possible for
shares smaller than those fixed in those paragraphs              charges to be made without interruption against
if there is reason to believe that they might not be             their accumulated shares of the Community quota.
used up. They shall inform the Commission of the                 2 . The Member States shall ensure that importers
 reasons which led them to apply this paragraph.                 of the product concerned established in their
                                                                 territory have free access to the shares allocated to
                            Article 4                            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 1976 .
                                                                  said goods against their share as and when the goods
                                                                  are entered for home use .
                            Article 5
                                                                  4. The extent to which a Member State has used
 The Member States shall return to the reserve, not
 later than 1 October 1976* the unused portion of                 up its share shall be determined on the basis of the
 their initial share which, on 15 September 1976, is              imports charged in accordance with paragraph 3 .
 in excess of 20% of their initial amount. They may
 return a larger portion if there are grounds for                                         Article 8
 believing that such portion may not be used in full .
                                                                  On receipt of a request from the Commission,
 The Member States shall, not later than 1 October                Member States shall inform it of imports actually
 1976, notify the Commission of the total imports                 charged against their shares .
 of the product concerned effected up to and including
 15 September 1976, and charged against the Com­                                          Article 9
 munity quota and, where appropriate, the proportion
 of their initial share that is being returned to the             The Member       States   and   the    Commission    shall
 reserve .                                                        cooperate closely in order to ensure that this
                                                                  Regulation is observed .
                            Article 6
                                                                                          Article 10
 The Commission shall keep account of the shares
 opened by Member States in accordance with                       This    Regulation     shall   enter    into   force   on
 Articles 2 and 3 and shall inform each of them of                 1 January 1976.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 24 November 1975 .
                                                                                           For the Council
                                                                                             The President
                                                                                             B. VISENTINI