CELEX: 51974PC0762
Language: en
Date: 1974-06-04
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for cotton yarn falling within heading No 55.05 of the Common Customs Tariff, originating in Malta#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#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#PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for mens' and boys' outer garments falling within heading No 61.01 of the Common Customs Tariff, originating in Malta (submitted to the Council by the Commission)

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COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 762
Vol. 1974/0116
 ---pagebreak--- Disclaimer
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(74 ) 762 final
                                                           Brussels . 4 June 1974
                                   PROPOSAL FOR A
                         REGULATION ( EEC ) OF THE COUNCIL
   opening , allocating and providing for the administration of a Community
        tariff quota for cotton yarn falling within heading No 55.05
              of the Common Customs Tariff , originating in Malta
                                   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
                                   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
                                  PROPOSAL FOR A
                         REGULATION ( EEC ) OF THE COUNCIL
   opening , allocating and providing for the administration of a Community
         tariff quota for mens' and boys * outer garments falling within
                 heading No 61.01 of the Common Customs Tariff ,
                                originating in Malta
                   ( submitted to the Council by the Commission )
C0M(74 ) 762 final
 ---pagebreak---                 NOTE FOR ATTENTION OP THE COMMISSION
The purpose of the annexed draft regulations is to formulate in
good time , having regard to the inherent procedural time-lag, the
proposals required to give effect to the Community 's contractual
obligations to Malta and -
 to extend                the benefits of the Generalised Scheme
of Preferences to Malta .   As the negotiations with that country
axe still in progress , it is necessary that these proposals remain
open to amendment in order to take account of the outcome of the
negotiations in question#    It is suggested, therefore , that the
Commission authorise its representative at the Council procedings
to make such adaptations to the annexed proposals as may be
necessary *
 ---pagebreak---                         EXt-'LANATORY MEMORANDUM
1 . Article 3 of the Agreement between the European Economic
    Community and Malta , read with Articles 1 and 2 of Annex I
     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             Annual      Vuota .
            No                                   volume      duty
                                                 - tons-
    55.05           Cotton yarn , not put
                    up for retail sale :            750        30 %
                                                              of the
    5$.0k           Man-made fibres ( dis­
                                                               CCT
                    continuous or waste ),                    duties
                    carded , combed or other­
                    wise prepared for
                    spinning :                      600
        ι I
       h                                                  \
                                                          I
    6Q.05           Outer garments and .
                    other articles ,
                    knitted or croched , not
    " H             elastic nor rubberised :        100 '
    '! "
    61.01           Men's and boy's outer
                    garments                        300
2 . At its session of h/5 June 1973 however , the Council agreed that
    Malta 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 . In the current situation , this
      I ,
    improvement may consist in a autonomous 50 % increase of the quota
    amounts fixed in the EEC/Kalta Agreement , and total " suspension
    of duties in the CCT and the national Customs tariff of each of the
    Member States .
                                                                     • • •/• • •
 ---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 .
k . 'i'he allocation of the first part of the quotas for the products
    falling within the tariff headings 55*0;? and 60.05 has been
    undertaken according to the rules generally applied hitherto .
    The total imports of each Member State for 1971f 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 .
5 . However , it does not seem appropriate to apply this rule to the
    tariff quota for man-made fibres ( 56.0^) and outer garments ( 60.05 )
    since    :
    ( a ) import figures for certain Member States varied considerably
           from year to year ;
    ( 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 order nevertheless to allocate the quota volume fairly among the
    Member States according to theii4 respective sizes , the Commission
    works on the assumption that save in exceptional cases each Member
    State must be able to claim a : considerable initial benefit from a .
    Community measure of this nature . The extent to which it may benefit
    must reflect past requirements and aim to balance the Member States'
    advantages and liabilities as far as possible .
                 1.7
    According/ the proposed allocation works as follows .   The minumum
    share in the first part of the quota will be :
      ( i ) 10 % for States which previously effected no imports ;
    ( ii ) 10 % plus a quantity reflecting past imports in the case of
            States which previously effected low imports .
                                     I ;
                                                                     • • •/• • *
 ---pagebreak---                                 - 3 -
    The provision of a 10 % share in the first case obviously reduces
    the percentage available to the other Member States but , in view
    of the size of the total quota volume as compared with quantities
    actually imported hitherto , these other Member States will still
    be able to import as much as they wish .
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 allocation of the quota volumes among the Member States and the
    amounts of the quota shares proposed by the Commission have "been exa-
     mnntciL by the Government Experts who took part in the consultative
    Meeting of the " Tariff Economic Problems'' Group held on 16«4«1974 »
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 force with respect
    to Malta-
                             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 such be necessary#
 ---pagebreak---                                                      STATISTICAL ÂNÏÏEX
                                                                                                  ( in metrio tons )
                 Community imports of Maltese origin in 1971 * 1972 and 1973 *
                               - 55 «05 - oertain ootton yarn                        – 56 »04 – certain marv-made fibres
                         1971             1972          1973                    1971                       1972                   1973
Bénélux                   359              314           457                      12
Danmark
Germany                   354              627           599
France                      18              59            105
Ireland                     57              39              2                     73                         33
Italy                      123              95            154                    143                        125
United King .              11 2              85           187                    477                         29
EEC                     1.030            1.219         1.504                     705                        187
              saaaaBasaasssassaaBsaaBsasssaaassaBBBssassasssMaBBaassas         aaaaaaasaaaa«aoagawiBnaaa[»gag3a3aa«aaaaiaaa«aBa«uBaBUiau «^
                               - 60.05 – certain outer garments                      – 61.01 – certain men's and boy 's outer garments
                         1971             1972          1973                    1971                       1972                   1973
Bénélux                                                                          286                        281                    344
Denmark                                                     1                    121                        101                    455
Germany                      1                1 ,-                               256                        577                    303
France                       6              22 ,-          89                     43                        122                    116
Ireland                      1                0.1           6                      3                          3                      3
Italy                        1                0,5           5                     34                         57                    215
United King .               82             105 ,-          70                    306                        186                    130
EEC                         91             128.6         171                  1.031                       1.330                  1.566
 ---pagebreak---                                                                                                              ANNEX A
                                            PROPOSAL FOR A
                                REGULATION (EEC) OF THE COUNCIL
               opening, allocating and providing for the administration of a Community tariff quota
               for cotton yarn falling within heading No 55.05 of the Common Customs Tariff,
                                                   originating in Malta
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       Agreement should be confined to the original Member
                                                                 States and the additional volume of 375 metric tons
                                                                 resulting from the increase should be allocated to all
                                                                 Member States ;
  Having regard to the Treaty establishing the European
 Economic Community and in particular Article 113               Whereas it is in particular necessary to ensure to all
 thereof ;                                                       Community importers equal and uninterrupted access,
                                                                to the abovementioned quota and uninterrupted appli­
 Having regard to the proposal from the Commission ;
                                                                cation 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                     having regard to the principles mentioned above, the
 Economic Community and Malta, signed at Valetta                 Community nature of the quota can be respected by
 on 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 Com­          Member States ; whereas, in order to reflect more
 munity of an annual Community tariff quota of 750               accurately the actual development of the market in
 metric tons of cotton yarn not put up for retail sale          the product concerned, such allocation should be in
 falling within heading No 55.05 of the Common                  PLroporrion to the needs of the Member States, assessed
 Customs Tariff, originating in Malta ; whereas,                 by reference to both the statistics of each State's
 pursuant to Article 1 of the said Annex the quota duty         imports of the said goods from Malta over a represen­
 is equal to 30% of the Common Customs Tariff duty              tative period and the economic outlook for the quota
 in respect of the product concerned ; whereas, with a          period concerned ;
 view to granting Malta a treatment not less favourable
"than that enjoyed by countries eligible for the General­       Whereas, during the past three years for which
 ized System of Preferences, the abovementioned volume          statistics are available, the corresponding imports by
 should be increased by 50% and the duties totally              each of the Member States represent the following
 suspended ; whereas, as regards the allocation of this         percentages of the imports into the Community, from
 tariff quota, the quota volume laid down in the                Malta of the products concerned :
                                                                             1971               1972                1975
              Germany                                                  41-5       34-5     57-3      51-4    ^5-5        39 .
              Bénélux                                                  42-0       34-8     28-7      25-7    3^.8        30 .
              France                                                    2-1        1-7      5-4       4-8 I   8.0         7.
              Italy                                                    14-4       12-0      8-6       7-8    11.7        10 .
              Denmark                                                             0.0                 01                  0.
              Ireland                                                              5-3                3-2                 0.
              United Kingdom                                                      11-7                70                 12 .
 ---pagebreak---                                                       - 2 -
Whereas ,                                                                                                ANNEX A
in view of these factors , of the
 foreseeable development during
1975 of the market for the pro­
 ducts in question and in particular
of the estimates submitted by cer­
 tain Member States , initial quota              , ,        Economic
                                                                      .     .
                                                            hconomic Union may be carried
                                                                                                .
                                                                                           earned out by any of its
 shares may be fixed approximately                          members,
                                                            members,
 at the following percentages :
                                                            HAS ADOPTED THIS REGULATION :
             Bénélux                   £U0
             Denmark                     0.1                                         Article 1
                                                          1 . From 1 January to                       31 December
             France                      5*6
                                       52.0                  1975 a tariff quota of 1 125
             Germany
                                                            metric tons shall be opened in the Community for
             Ireland                     1.0
                                                            cotton yarn not put up for retail sale, falling within
             Italy                       9-0                heading No 55.05 of the Common Customs Tariff,
             United Kingdom            11-3                 originating in Malta.
Whereas, in order to take into account import trends        2. Within the limits of this tariff quota the Community
for the products concerned in the different Member          Customs Tariff duties shall be 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 shares ; whereas, in order to ensure a certain                                 Article 2
degree of security to importers in each Member
State, the first tranche of the Community quota should      1 . A first tranche, amounting to 085 metric tons of
be determined at a level which, under present circum­       the Community tariff quota referred to in Article 1 ,
stances, may be 80% of the quota amount ;                   shall be shared among the Member States ; the
                                                            proportions which, subject to Article 5, shall be valid
Whereas the initial quota shares of the Member              until 31 December 19 /5 shall consist of the following
                                                            amounts ;
States may be used up, at different times ; whereas, in
order to take this fact into account and avoid any
break in continuity, is it important that any Member                     Germany        *f60 metric tons
State having used up almost the whole of its initial                     Bénélux        I85 metric tons
quota share should draw an additional quota share                        France           50 metric tons
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
as many times as the reserve allows ; whereas the                        Ireland            9 metric tons
initial and additional quota shares must be available                    United KingdomlOOmetric tons
for use until the end of the quota period ; whereas this
method of administration calls for close cooperation        2. The second tranche of 2^0 metric tons shall
between Member States and the Commission, which             constitute the reserve.
must, in particular, be able to observe the extent to
which the quota amount is used and inform Member                                     Article 3
States thereof ;
                                                            1 . If 90% or more of the initial share of a Member
Whereas if, at a specified date in the quota period, a      State, as laid down in Article 2 ( 1 ) or 90% of that share
considerable balance remains in one or other Member
                                                            less the amount returned into the reserve, where the
State it is essential that that Member State pays a         provisions of Article 5 have been applied, has been
large amount of it back into the reserve, in order to       exhausted, that Member State shall proceed without
avoid a part of the Community quota's remaining             delay, by notifying the Commission, to draw a second
unused in one Member State when it could be used
                                                            share equal to 15 % of its initial share, rounded up to
 in others ;                                                the next unit where appropriate, to the extent that
                                                            the amount in the reserve allows .
Whereas, since the Kingdom of Belgium, the Kingdom
of the Netherlands and the Grand Duchy of Luxem­            2. If, after its initial share has been exhausted, 90%
bourg are united in and represented by the Benelux          or more of the second share drawn by a Member
Economic Union, all transactions concerning the             State has been used, that Member State shall, in
administration of shares granted to the abovementioned       accordance with the conditions laid down in para­
 ---pagebreak---                                                        - 3 -
                                                                                                          ANNEX A
 graph 1 , proceed without delay to draw a third share        The Commission shall, not later than 15 October
 equal to 7-5% of its initial share, rounded "up to the        1975 notify Member States of the amount in the
 next unit where appropriate, to the extent that the          reserve after the return of shares pursuant to Article 5.
 amount in the reserve allows.
 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 State
                                                              uses up the reserve is limited to the balance available
 has been used, that Member State shall proceed, in the       and, for this purpose, shall specify the amount thereof
 same way, to draw a fourth share equal to the third.         to the Member State which makes the final drawing.
 This process shall be applied until the reserve is                                    Artide 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 accumu­
if there is reason to believe that they might not be          lated 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
                         Artide 4
                                                              have free access to the shares allocated to them.
                                                              3 . The Member States shall charge imports of the said
Each of the additional shares drawn pursuant to               goods against their share as and when the goods are
Article 3 shall be valid until 31 December 1975 •             entered for home use.
                         Article 5                            4. The extent to which a Member State has used up
                                                              its share shall be determined on the basis of the imports
If, by 15 September 1975j a Member State has not              charged in accordance with paragraph 3 .
used up its initial share, it shall, not later than 10
October 1975 > return to the reserve the unused                                        Artide 8
portion of this share in excess of 20% of the initial
amount. It may return a larger quantity if there is           Member States shall inform the Commission at
reason to believe that such quantity might not be used.       regular intervals of imports actually charged against
                                                              their shares .
The Member States shall, not later than 10 October
1975 ) notify the Commission of the total imports of                                   Artide 9
the product concerned effected up to 15 September
                                                              The Member States and the Commission shall co­
1975 inclusive, and charged against the Community
quota and, where appropriate, the proportion of their         operate closely in order to ensure that this Regulation
                                                              is observed .
initial share that is being returned to the reserve.
                                                                                      Artide 10
                         Artide 6
The Commission shall keep account of the shares
opened by Member States in accordance with Articles
2 and 3 and shall inform each of them of the extent to        This Regulation shall enter into force on the
which the reserve has been used as soon as it received        1 January 1975 *
the notifications.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels,
                                                                                  For the Countil
                                                                                   The Président
 ---pagebreak---                                                                                                         ANNEX B
                                            PROPOSAI FOH,rJL
                               REGULATION (EEC) OF THE COUNGIL
              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
THE COUNCIL OF THE EUROPEAN COMMUNITIES .                     laid down in the Agreement should be confined to the
                                                              original Member States and the additional volume of
                                                              300 metric tons resulting from the increase should be
                                                              allocated to all Member States ;
Having regard to the Treaty establishing the European
Economic Community and in particular Article 113              Whereas it is in particular necessary to ensure to all
thereof ;                                                     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
Whereas the Agreement between the European Eco­               States until the quota has been used up ; whereas,
nomic Community and Malta, signed at Valetta on               having regard to the principles mentioned above, the
5 December 1970, provides in Article 3 ( 1) together          Community nature of the quota can be respected by
with Article 2 of Annex I for the opening by the              allocating the Community tariff quota among the
Community of an annual Community tariff quota of              Member States ; whereas, in order to reflect more
600 metric tons of man-made fibres (discontinuous or          accurately the actual development of the market in the
waste), carded, combed, or otherwise prepared for             product concerned, such allocation should be in pro­
spinning falling within heading No 56.04 of the               portion to the needs of the Member States, assessed by
Common Customs Tariff, originating in Malta ;                 reference to both the statistics of each State's imports
whereas, pursuant to Article 1 of the said Annex the          of the said goods from Malta over a representative
quota duty is equal to 30 % of the Common Customs             period and the economic outlook for the quota period
Tariff duty in respect of the product concerned ;             concerned ;
whereas, with a view to granting Malta a treatment
not less favourable than that enjoyed by countries            Whereas, during the past three years for which
eligible for the Generalized System of Preferences, the       statistics are available, the corresponding imports by
abovementioned volume should be increased by 50%              each of the Member States represent the following
and the duties totally suspended ; whereas, as regards        percentages of the imports into the Community from
the allocation of this tariff quota , the quota volume        Malta of the products concerned :
                                                                          1971                  1972
                                                                                                                     1973
              Bénélux                                                 7-7       1-7
              France
               Germany
              Italy                                                  92-3      20-3       100       66-8
              Denmark
              Ireland                                                          10-4                 15-5
              United Kingdom                                                   67-6                 17-7
 ---pagebreak---                                                                                                     ANNEX B
 Whereas, both these percentages and the estimates           Whereas, since the Kingdom of Belgium, the Kingdom
from certain Member States as well as the practical          of the Netherlands and the Grand Duchy of Luxem­
 need to ensure that the obligations contracted under        bourg are united in and represented by the Benelux
the Agreement concerned are allocated fairly among           Economic Union, all transactions concerning the ad­
 all the Member States ; whereas, initial quota shares       ministration of shares granted to the abovementioned
 may consequently be fixed approximately as follows :        Economic Union may be carried out by any of its
                                                             members,
              Bénélux                   10.0                 HAS ADOPTED THIS REGULATION :
              Denmark                      3-3
                                                                                     Article 1
              France                      13-3
                                                          1 . From 1 January -fco 31 December
              Germany                     100                   1975 a Community tariff quota
                                                             of 900 metric tons shall be opened in the Community
              Ireland                      50                for man-made fibres (discontinuous or waste), carded,
                                                             combed or otherwise prepared for spinning falling
              Italy                     41.8                 within heading No 56.04 of the Common Customs
                                                             Tariff, originating in Malta.
              United Kingdom            16.6
                                                             2. Within the limits of this tariff quota the Com­
                                                             munity Customs Tariff duties shall be totally suspen­
Whereas, in order to take into account import trends         ded.
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
intended ultimately to cover the requirements of the                                 Artide 2
Member States which have used up their initial shares ;
whereas, in order to ensure a certain degree of security     1 . A first tranche, of 600 metric tons of the Com­
to importers in each Member State, the first tranche         munity tariff quota referred to in Article 1 shall be
of the Community quota should be determined at a             shared among the Member States ; the proportions
level which, under present circumstances, may be             which, subject to Article 5, shall be valid until 31
67% of the quota amount ;                                    December 1975 shall consist of the following amounts :
                                                                          Bénélux              60  metric tons
Whereas the initial shares of the Member States may                       Denmark               20 metric tons
be used up at different times ; whereas, in order to take
                                                                          France                80 metric tons
this fact into account and avoid any break in continuity
it is important that any Member State having used up                      Germany               60 metric tons
almost the whole of its initial share should draw an                      Ireland               30 metric tons
additional share from the reserve ; whereas, this must
be done by each Memlber State as and when each of its                     Italy                50 metric  tons
additional shares is almost entirely used up, and                         United Kingdom       200 metric tons
repeated as many times as the reserve allows ; whereas
the initial and additional shares must be available for      2. The second tranche of 300 metric tons shall consti­
use until the end of the quota period ; whereas this         tute the reserve.
method of administration calls for close cooperation
between Member States and the Commission, which
must, in particular, be able to observe the extent to                               Article 3
which the quota amount is used and inform Member
States thereof ;                                             1 . If 90% or more of the initial share of a Member
                                                             State, as laid down in Article 2 ( 1 ), or 90% of that
                                                             share less the amount returned into the reserve, where
Whereas if, at a specified date in the quota period, a       the provisions of Article 5 have been applied, has been
considerable balance remains in one or other Member          exhausted, that Member State shall proceed without
State it is essential that that Member State pays a large    delay, by notifying the Commission, to draw a second
amount of it back into the reserve, in order to avoid        share equal to 15 % of its initial share, rounded up to
a part of the Community quota's remaining unused             the next unit where appropriate, to the extent that the
in one Member State when it could be used in others ;        amount in the reserve allows.
 ---pagebreak---                                                        - 3 -
                                                                                                ANNEX B
2. If, after its initial share has been exhausted, 90%        which the reserve has been used as toon as it receives
or more of the second share drawn by a Member State           the notifications.
has been used, that Member State shall, in accordance
with the conditions laid down in paragraph 1 , proceed        The Commission shall, not later than 15 October 1975i
to draw a third share equal to 7*5 % of its initial share,    notify Member States of the amount in the reserve
rounded up to the next unit where appropriate, to the         after the return of shares pursuant to Article 5.
extent that the amount in the reserve allows.                 The Commission shall ensure that any drawing which
                                                              uses up the reserve is limited to the balance available
3 . If, after its second share has been exhausted, 90%        and, for this purpose, shall specify the amount thereof
or more of the third share drawn by a Member State            to the Member State which makes the final drawing.
has been used, that Member State shall proceed, in the
same way, to draw a fourth share equal to the third.                                  Article 7
This process shall be applied until the reserve is ex­
hausted .                                                     1 . The Member States shall take all appropriate
                                                              measures to ensure that, when additional shares are
4. Notwithstanding the provisions of paragraphs 1 ,           drawn pursuant to Article 3, it is possible for charges
2 and 3, the Member States may proceed to draw                to be made without interruption against their accu­
shares smaller than those fixed in those paragraphs,          mulated shares of the Community quota.
if there is reason to believe that they might not be used     2. The Member States shall ensure that importers of
up. They shall inform the Commission of the reasons           the product concerned established in their territory
which led them to apply this paragraph.                       have free access to the shares allocated to them.
                          Artide 4                            3. The Member States shall charge imports of the
                                                              said goods against their shares as and when the goods
Each of the additional shares drawn pursuant to               are entered for home use.
Article 3 shall be valid until 31 December 1975 * ft          4. The extent to which a Member State has used up
                                                              its share shall be determined on the basis of the im­
                          Article 5                           ports charged in accordance with paragraph 3 .
If, by 15 September 197^ a Member State has not                                       Article 8
used up its initial share, it shall, not later than 10
October 197> return to the reserve the unused portion         Member States shall inform the Commission at regular
of this share in excess of 20% of the initial amount.         intervals of imports actually charged against their
It may return a larger quantity if there is reason to         shares .
believe that such quantity might not be used.
                                                                                      Article 9
The Member States shall, not later than 10 October
1975i notify the Commission of the total imports of           The Member States and the Commission shall coop­
the product in question effected up to and including          erate closely in order to ensure that this Regulation is
15 September 1975 and charged against the Commu­              observed .
nity quota and, where appropriate, the proportion of
their initial share that is being returned to the reserve.                           Article 10
                          Article 6
The Commission shall keep account of the shares               This Regulation shall enter into force on the
opened by Member States in accordance with Articles           1 January 1975 *
2 and 3 and shall inform each of them of the extent to
               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 C
                                         PROPOSAL FOR A
                             REGULATION (EEC) OP 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
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                  the quota volume laid down in the Agreement should
                                                           be confined to the original Member States and the
                                                           additional volume of 50 metric tons resulting from the
                                                           increase should be allocated to all Member States ;
Having regard to the Treaty establishing the European
Economic Community and in particular Article 113           Whereas it is in particular necessary to ensure to all
thereof ;                                                  Community importers equal and uninterrupted access
                                                           to the abovementioned quota and uninterrupted appli­
Having regard to the proposal from the Commission ;        cation of the rate laid down for that quota to all imports
                                                           of the product concerned into all Member States until
Whereas the Agreement between the European Econo­          the quota has been used up ; whereas, having regard
mic Community and Malta, signed at Valetta on              to the principles mentioned above, the Community
5 December 1970, provides in Article 3 (1 ) together       nature of the quota can be respected by allocating the
with Article 2 of Annex I for the opening by the Com­      Community tariff quota among the Member States ;
munity of an annual Community tariff quota of 100          whereas, in order to reflect more accurately the actual
metric tons of outer garments and other articles, knitted  development of the market in the product concerned,
or crocheted, not elastic or rubberized falling within     such allocation should be in proportion to the needs
heading No 60.05 of the Common Customs Tariff,             of the Member States, assessed by reference to both
originating in Malta ; whereas, pursuant to Article 1      the 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 the        economic outlook for the quota period concerned ;
product concerned ; whereas, with a view to granting
Malta a treatment not less favourable than that enjoyed    Whereas, during the past three years for which statistics
by countries eligible for the Generalized System of        are available, the corresponding imports by each of
Preferences, the abovementioned volume should be           the Member States represent the following percentages
increased by 50% and the duties totally suspended ;        of the imports into the Community from Malta of the
whereas, as regards the allocation of this tariff quota,   products concerned :
                                                                       1971                 1972       I            1973
             Bénélux                                                                  ^•3
             France                                              75-0        6-6      91 -6      17 1
             Germany                                             12-5        M       93.6         0-8        9k . 6    52.0
             Italy                                               12-5        M        2.1         0.4          5.4       2.9
             Denmark
                                                                                                                         0.6
             Ireland                                                          M                   0.1                    2.9
                                                                                                 81.6                  kl.O
             United Kingdom
                                                                            90-1 j
 ---pagebreak---                                                                                                         ANNEX C
Whereas both these percentages and the estimates from        bourg are united in and represented by the Benelux
certain Member States as well as the practical need to       Economic Union, all transactions concerning the
ensure that the obligations contracted under the             administration of shares granted to the abovemen-
Agreement concerned are allocated fairly among all           tioned Economic Union may be carried out by any of
the Member States ; whereas, initial quota shares may        its members,
consequently be fixed approximately as follows :
             Bénélux                    8.3                  HAS ADOPTED THIS REGULATION :
             Denmark                     k.2
             France                    41.2
                                                                                     Article 1
             Germany                   12.5
                                                          1 . From 1 January               -to    31 December
             Ireland                     k.2                    1975 a Community tariff quota
             Italy                     12.5                  of 150 metric tons shall be opened in the Community
                                       16.6                  for outer garments and other articles, knitted or
             United Kingdom
                                                             crocheted, not elastic or rubberized falling within
                                                             heading No 60.05 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 Community
tranches, the first tranche being allocated among the        Customs Tariff duties shall be totally suspended. •
Member States and the second forming a reserve
intended ultimately to cover the requirements of the         This suspension shall be fully applied in the new
Member States which have used up their initial quota         Member States.
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                                       Article 2
determined at a level which, under present circum­
stances, may be 80% of the quota amount ;                    1 . A first tranche, amounting to 120 metric tons of
                                                             the Community tariff quota referred to in Article 1 ,
                                                             shall be shared among the Member States ; the
Whereas the initial shares of the Member States may          proportions which, subject to Article 5, shall be valid
be used up at different times ; whereas, in order to take    until 31 December 1975 shall consist of the following
this fact into account and avoid any break in continuity,    amounts :
it is important that any Member State having used up
almost the whole of its initial share should draw an
                                                                          Bénélux           lOmetric tons
additional share from the reserve ; whereas, this must
be done by each Member State as and when each of                          Denmark             5metric tons
its additional shares is almost entirely used up, and                     France             50 metric tons
repeated as many times as the reserve allows ; whereas                    Germany           15metric tons
the initial and additional shares must be available for                   Ireland             5 metric tons
use until the end of the quota period ; whereas this                      Italy             15 metric tons
method of administration calls for close cooperation
between Member States and the Commission, which                           United Kingdom 20 metric tons
must, in particular, be able to observe the extent to
which the quota amount is used and inform Member             2. The second tranche, of 30 metric tons shall
States thereof ;                                             constitute the reserve.
Whereas if, at a specified date in the quota period, a                               Article 3
considerable balance remains in one or other Member
State, it is essential that that Member State pays a         1 . If 90% or more of the initial share of a Member
large amount of it back into the reserve, in order to        State, as laid down in Article 2, or 90 % of that share
avoid a part of the Community quota's remaining un­          less the amount returned into the reserve, where the
used in one Member State when it could be used in            provisions of Article 5 have been applied, has been
others ;                                                     exhausted, that Member State shall proceed without
                                                             delay, by notifying the Commission, to draw a second
                                                             share equal to 15 % of its initial share, rounded up to
Whereas, since the Kingdom of Belgium, the Kingdom           the next unit where appropriate, to the extent that
of the Netherlands and the Grand Duchy of Luxem-             the amount in the reserve allows .
 ---pagebreak---                                                          - 3 -
                                                                                                    ANNEX C
2. If, after its initial share has been exhausted, 90%        2 and 3 and shall inform each of them of the extent
or more of the second share drawn by a Member                 to which the reserve has been used as soon as it
State has been used, that Member State shall, in              receives the notifications .
accordance with the conditions laid down in para­
graph 1 , proceed to draw a third share equal to              The Commission shall, not later than 15 October 197?
7*5 % of its initial share, rounded up to the next unit       notify Member States of the amount in the reserve,
where appropriate, to the extent that the amount in the       after the return of shares pursuant to Article 5.
reserve allows.
                                                              The Commission shall ensure that any drawing which
3 . If, after its second share has been exhausted, 90%        uses up the reserve is limited to the balance available
or more of the third share drawn by a Member State            and, for this purpose, shall specify the amount thereof
has been used, that Member State shall proceed, in the        to the Member State which makes the final drawing.
same way, to draw a fourth share equal to the third.
                                                                                       Article 7
This process shall be applied until the reserve is
exhausted.
           I
                                                              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 shares         drawn pursuant to Article 3, it is possible for charges
smaller than those fixed in those paragraphs if there         to be made without interruption against their accumu­
is reason to believe that they might not be used up.          lated shares of the Community quota.
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
                                                              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
                                                              are entered for home use.
Article 3 shall be valid until 31 December 1975*
                                                              4. The extent to which a Member State has used up
                          Article S
                                                              its share shall be determined on the basis of the imports
                                                              charged in accordance with paragraph 3 .
If, by 15 September 19?5ia Member State has not used                                   Article 8
up its initial share, its shall, not later than 10 October
19 /5 » return to the reserve the unused portion of this      Member States shall inform the Commission at regular
share in excess of 20% of the initial amount. It may          intervals of imports actually charged against their
return a larger quantity if there is reason to believe        shares.
that such quantity might not be used.
                                                                                       Article 9
The Member States shall, not later than 10 October
1975 » notify the Commission of the total imports of          The Member States and the Commission shall co­
the product concerned effected up to 15 September             operate closely in order to ensure that this Regu­
1975 inclusive and charged against the Community              lation is observed.
quota and, where appropriate, the proportion of their
initial share that is being returned to the reserve.                                  Article 10
                          Article 6
                                                              This Regulation shall enter into force on the
The Commission shall keep account of the shares                1 January 1975 •
opened by Member States in accordance with Articles
               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 D
                                          PROPOSAL FOR A
                             REGULATION (EEC) OP 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 Tarin, originating in Malta
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                   ment should be confined to the original Member States
                                                           and the additional volume of 150 metric tons resulting
                                                           from the increase should be allocated to all Member
Having regard to the Treaty establishing the European      States ;
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 Econo­          having regard to the principles mentioned above, the
mic Community and Malta, signed at Valetta on              Community nature of the quota may be respected
5 December 1970, provides in Article 3 (1) together        by allocating the Community tariff quota among the
with Article 2 of Annex I for the opening by the Com­      Member States ; whereas, in order to reflect more
munity of an annual Community tariff quota of 300          accurately the actual development of the market in
metric tons of men's and boys' outer garments falling      the product concerned, such allocation should be in
within heading No 61.01 of the Common Customs              proportion to the needs of the Member States,
Tariff, originating in Malta ; whereas, pursuant to        assessed by reference to both the statistics of each
Article 1 of the said Annex, the quota duty is equal       State's imports of the said goods from Malta over a
to 30 % of the Common Customs Tariff duty in respect       representative period and the economic outlook for
of the product concerned ; whereas, with a view to         the quota period concerned ;
granting Malta a treatment not less favourable than
that enjoyed by countries eligible for the Generalized     Whereas, during the past three years for which
System of Preferences, the abovementioned volume           statistics are available, the corresponding imports by
should be increased by 50% and the duties totally          each of the Member States represent the following
suspended ; whereas, as regards the allocation of this     percentages of the imports into the Community from
tariff quota, the quota volume laid down in the Agree­     Malta of the products concerned :
                                                                        1971                1972
                                                                                                            1973
              Germany                                             42-7        24-8     55-5      43-4    31.0     19 . 4
              Bénélux                                             44-6        260      27-3      21-4    35.1     22 *
              France                                                7-1        4-2     11-7       9-2    11.9      7.4
              Italy                                                 5-6        3-2      5-5       4-2    22.0     13.7
              Denmark                                                         11-7                7-6             29.0
              Ireland                                                          0-3                0-2              0.2
                                                                                                                   8.3
              United Kingdom                                  j              29-8                140
 ---pagebreak---                                                   - 2 -
                                                                                               ANNEX D
Whereas , in view of these factors ,
of the foreseeable development
during 1975 of the market for the
products in question and in particular
of the estimates submitted by cer­
tain Member States , initial quota                        administration of shares granted to the abovemen-
shares may be fixed approximately                         tioMdJ^nomic Union may be carried out by any of
at the following percentages :
                                                          HAS ADOPTED THIS REGULATION :
              Bénélux                 12.8
              Denmark                 13.9                                       Article 1
              Germany                 V7.6              1 . From 1 January to 31 December
              France                    9.5                   1975 a Community tariff
              Ireland                   0.3               quota of 450 metric tons shall be opened in the
              Italy                     3.2               Community for men's and boys' outer garments
                                                          falling within heading No 61.01 of the Common
              United Kingdom          12.7                Customs Tariff.
 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 Customs Tariff duties shall be totally sus­
 States, the quota amount should be divided into two      pended .
 tranches, the first tranche being allocated among the
 Member States, and the second forming a reserve
 intended ultimately to cover the requirements of the     This suspension shall be fully applied in the new
                                                          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 State,                           Artide 2
 the first tranche of the Community quota should be
 determined at a level which, under present circum­
 stances, may be 65% of the quota amount ;                1 . A first tranche amounting to 315 metric tons of
                                                         the Community tariff quota referred to in Article 1
                                                          shall be shared among the Member States ; the
 Whereas the initial shares of the Member States may      proportions which, subject to Article 5 , shall be
 be used up at different times ; whereas, in order to     valid until 31 December 1975 shall consist of the
 take this fact into account and avoid any break in      following amounts :
 continuity, it is important that any Member State
 having used up almost the whole of its initial share                Bénélux         *f0 metric tons
 should draw an additional share from the reserve ;                  Denmark               metric tons
 whereas, this must be done by each Member State                     France          30 metric tons
 as and when each of its additional shares is almost
 entirely used up, and repeated as many time as the                  Germany       150 metric tons
 reserve allows ; whereas the initial and additional                 Ireland           1 metric ton
 quota shares must be available for use until the end                Italy           10 metric tons
 of the quota period ; whereas this method of ad­                    United Kingdom MO metric tons
 ministration calls for close cooperation between
 Member States and the Commission , which must,
                                                         2. The second tranche of 135 metr'c tons shall
 in particular, be able to observe the extent to which   constitute the reserve.
 the quota amount is used and inform Member States
 thereof ;
                                                                                 Article 3
 Whereas if, at a specified date in the quota period, a  1 . If 90% or more of the initial share of a Member
 considerable balance remains in one or other Member
 State it is essential that that Member State pays a     State, as laid down in Article 2, or 90% of that share
                                                         less the amount returned into the reserve, where the
 large amount of it back into the reserve, in order to
 avoid a part of the Community quota remaining           provisions of Article 5 have been applied, has been
 unused in one Member State when it could be used        exhausted, that Member State shall proceed without
 in others ;                                             delay, by notifying the Commission, to draw a second
                                                         share equal to 15% of its initial share, rounded up
                                                         to the next unit where appropriate, to the extent that
 Whereas, since the Kingdom of Belgium, the Kingdom      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,
 Economic Union, all transactions concerning the         90% or more of the second share drawn by a Member
 ---pagebreak---                                                        - 3 -
                                                                                                   ANNEX D
  State has been used, that Member State shall, in             The Commission shall, not later than 15 October
  accordance with the conditions laid down in para­             1975 inotify Member States of the amount in the
  graph 1 , proceed to draw a third share equal to             reserve after the return of shares pursuant to Article 5.
  7'5% of its initial share, rounded up to the next unit
  where appropriate, to the extent that the amount in          The Commission shall ensure that any drawing which
  the reserve allows .                                         uses up the reserve is limited to the balance available
                                                               and, for this purpose, shall specify the amount thereof
  3. If, after its second share has been exhausted,            to the Member State which makes the final drawing.
  90% or more of the third share drawn by a Member
  State has been used, that Member State shall proceed,                                Article 7
 in the same way to draw a fourth share equal to the
 third.
                                                               1. The Member States shall take all appropriate
 This process shall be applied until the reserve is            measures to ensure that, when additional shares are
 exhausted.                                                    drawn pursuant to Article 3, it is possible for charges
                                                               to be made without interruption against their accumu­
 4. Notwithstanding the provisions of paragraphs 1 ,           lated shares of the Community quota.
 2 and 3, the Member States may proceed to draw
 shares smaller than those fixed in those paragraphs,          2. The Member States shall ensure that importers
 if there is reason to believe that they might not be          of the product concerned established in their territory
 used up. They shall inform the Commission of the              have free access to the shares allocated to them.
 reasons which led them to apply this paragraph.
                                                               3. The Member States shall charge imports of the
                          Article 4                            said goods against their share as and when the goods
                                                               are entered for home use.
 Each of the additional shares drawn pursuant to
 Article 3 shall be valid until 31 December 1975 •
                                                              4. The extent to which a Member State has used
                                                               up its share shall be determined on the basis of the
                          Article 5                           imports charged in accordance with paragraph 3.
 If, by 15 September 1975? a Member State has not                                      Article 8
 used up its initial share, it shall, not later than 10
 October 1975 , return to the reserve the unused              Member States shall inform the Commission at
portion of this share in excess of 20% of the initial
                                                              regular intervals of imports actually charged against
 amount. It may return a larger quantity if there is          their shares.
reason to believe that such quantity might not be
used.
                                                                                       Article 9
The Member States shall, not later than 10 October
1975 1 notify the Commission of the total imports of
the product concerned effected up to 15 September             The Member States         and the Commission        shall
1975 inclusive, and charged against the Community             cooperate closely in order to ensure that this Regu­
quota and, where appropriate, the proportion of               lation is observed.
their initial share that is being returned to the reserve.
                                                                                      Article 10
                         Article 6
The Commission shall keep account of the shares
opened by Member States in accordance with Articles
2 and 3 and shall inform each of them of the extent           This Regulation shall enter into force on the
to which the reserve has been used as soon as it              1 January 1975 »
receives the notifications.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               j)one at Brussels,
                                                                                 For the Council
                                                                                  The Président