CELEX: 51973PC1996
Language: en
Date: 1973-11-29
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for cotton yarn, not put up for retail sale falling within heading 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 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 chrocheted, not elastic nor rubberised falling within heading 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 men's and boy's outer garments falling within heading 61.01 of the Common Customs Tariff, originating in Malta (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1996
Vol. 1973/0355
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---     COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(73)1996 final
                                                           Brussels . 29 November 1973
                                  PROPOSAL FOR A
                        REGULATION (EEC) OP THE COUNCIL
        opening , allocating and providing for the administration of a
      Community tariff quota for cotton yarn , not put up for retail sale
falling within heading 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 56 .04 of the Common Customs Tariff , originating in Malta
                                  PROPOSAL FOR A                      ,
             M
                        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
     chrocheted , not elastic nor rubberised falling within heading 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 men , s and boy 's outer garments falling
   within heading 61.01 of the Common Customs Tariff , originating in Malta
                  ( submitted to the Council by the Commission)
   COM(73) 1996 final
 ---pagebreak---                       EXPLANATORY MEMORANDUM
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     Quota .
     No                                      volume     duty
                                             - tons-
55.05            Cotton yarn , not put
               I
                 up for retail sale :           750       30 %
                                                         of the
56.0 ^           Man-made fibres ( dis­                   CCT
                 continuous or waste ),                  duties
                 carded , combed or other­
                 wise prepared for
                 spinning :                     600
  h
60.05            Outer garments and
                 other articles ,
                 knitted or croched , not
                 elastic nor rubberised :       100 1
61.01          | Men 's and boy 's outer
               j garments                       300
               1
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 currant situation , this
 I ,                                ■                 1
improvement may consist in a autonomous 50 % increase of the quota
amounts fixed in the EEC/Malta 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 .                                      ,
                                         I
   i
4.,'^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 1970 , 1971 and 1972
       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 .
                                       .    Γ
5 . However , it does not seem appropriate to apply this rule to the
       tariff quota for man-made fibres ( 56.04 ) and outer garments ( 60.05 )
       since    :
   1 ( 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 ;                  c ■               i
       ( d ) it is difficult to forecast future imports .
       In order nevertheless to allocate the quota volume fairly among the
       Member States according to theii* respective sized , 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 td which it may benefi
       must reflect past requirements and aim to balance the Member States'
       advantages and liabilities as far as possible .
                    by
       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 .
                                         \\ \;             •
                                                                          • • •/•'
 ---pagebreak--- 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 .
The proposed Regulations provide for a single method of
administration to be applied by all Member States , namely the
" as and when " method .       <
 ---pagebreak---                                         Proposal     for       a
                       REGULATION (F.r.C) No               OF THE COUNCIL
                                          of
        opening, allocating and providing for the administration of a Community tariff quota
         for cotton yarn , not put up for retail sale falling
        within heading 55*05 of the Common Customs Tariff ,
         originating in Malta
       THE COUNCIL OF THE EUROPEAN COM .VI UNITIES,
       Having regard to the Treaty establishing the
       European Economic Community and in particular
       Article         3 13 thereof:
      Having regard to the proposal from the Commission ;
      Whereas the Agreement between the European
      Economic      Community      and Hal ta , signed ,, at ,
Valetta on 5 December              1970, provides in Articic
       2      together with Article 2 of Annex I for the
      opening by the. Community of an annual Community
      tariff quota 'of 750 tons of cotton yarn , not put up
      for retail sale falling within heading
     55.05 of the Common Customs Tariff
      originating in Malta ; whereas , pursuant
      to Article 1 of the said Annex the quota
      duty is equal to 50 % of the Common Customs
      Tariff duty in respect of the product
      concerned :
      whereas , with. a view to granting
      Malta , as from 1 January 197^» a
      treatment not less favourable than
      is enjoyed by countries eligible
      for the Generalised System of
     Preferences , the above-mentioned
     volume should be increased by
     50 % and the duties totally suspended ;
 ---pagebreak---    whereas , consequently , a duty-free
   Community tariff quota ofl.l25tons
   should be opened in 197 ^ for the
  products concerned ; whereas , as
   regards the allocation of this
   tariff quota , the quota volume laid
   down in the Agreement should be
   confined to the original Member
   States and the additional volume of
 375 tons resulting from the increase
   should be allocated to all Member
   States ;
  Whereas ir is in particular necessary to ensure to all
   Community importers equal and uninterrupted access
  to the abovementioned quota and uninterrupted
   application of the rate laid down for that quota ro all
   imports of the product concerned into all Member
   States until the quota has been used up;, whereas,
   having regard to the principles mentioned .'above, the
  Community nature of the quota can be respected by
  allocating the Community tariff quota among the
  Member States ; whereas, in order to reflect mosr
  accurately the actual development of the.mr.rket in
  the product concerned , such allocation shoulcl be in
  proportion to the needs of the Member States ,
  assessed by reference both ro the statistics of each
  State's imports from Maltaover a representative
  period and to the economic outlook for the quota
  period concerned ;
 Whereas, during the last three years for which
 statistics are available, the corresponding imports by
 each of the Member States represent the following
 percentages of the imports into the Community from
Malta 'f the products concerned :
 ---pagebreak---                                                         - 3 -
                                        1970                 I        1971            1972
Germany                            30,2     22,'f           I     Μ,5    3^,5    57,3    51 . ^
Bénélux                            ** 1,5 31 ,-                   42,0   3M      28,7 25,7
France                                        3 ,-                 2,1     1,7 .  5 , τ·   '+ ,8
Italy                              28,3     21,1               ■  in,'*  12 ,-    8,6      7,8
Denmark                                       –   –
                                                                            1"             0,1
Ireland                                       3 ,-                         5,3             3,2
United - Kingdom                            19,5                         11,7              7 ,-
          Whereas , these percentages and the estimates
          from certain Member States should be
          taken into account for the purposes of
          allocating the two above-mentioned quota
          amounts ; whereas , initial quota shares
          may consequently be fixed approximately
          at the following percentages :
          Germany                            h-G
          Bénélux                            3^
          France                               4 L
          " aly                              15 6
          Danemark                            0,1
          Ireland                             1,1
          United Kingdom                      4 k
         Whereas, in order to take into account import trends
         for the products concerned in the different Member
         States, flic quota amount should be divided into tvvo
         instalments, the first instalment being allocated
         among ilie Member States, and the second forming a
         reserve intended ultimately to cover the requirements
         of the Member Stares which have used 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 Community quota should
         be 'determined at a level which, under present
         citviuiisi.-.i -.ces, mav he 80 "» of the quo: a amount;
         Whereas the initial quota shares of the Member
         States may be used up at different times; whereas, in
 ---pagebreak---                                    - k -
order to rake this fact into account and avoid any
break in continuity, it is important that any Member
State having used up almost the whole of its iniitial
quota share should draw an additional quota share
from the reserve; whereas, this must he done by each
Member State as and when each of its additional
quota shares is almost entirely used up, and repeated
as many times as the reserve allows; whereas the
initial and additional quota shares must be available
for use until the end of the quota period ; whereas
this method of administration calls for close
cooperation between Member States and the
Commission, which must, in particular, be able to
observe the extent to which the quota amount is used
 and inform Member Stares thereof;
 Whereas if, at a specified date in the quota period, a
 considerable balance remains in one or other
 Member State it is essential that that Member State
 pays a large amount of it back into the reserve, in
 order to avoid a part of the Community quota'
 remaining unused in one Member State when jit could
 bq used in others ;
 Whereas, since the Kingdom of Belgium, the
 Kingdom of the Netherlands and the Grand Duchy of
 Luxembourg are united in and represented by the
 Bénélux Economie Union , ail transactions; conccrning
  the administration of shares granted to the
  abovementioned Economic Union may bclcarried out
  by any one of its members ; .
   HAS ADOPTED THIS REGULATION :
                         Article 1
                                            m  :i
  1 . As from 1 January 197^- and until 31 December 197^,
       a Community tariff quota of 1.125 tons shall be opened
       in the Community for cotton yarn , not put up for retail
       sale falling within Heading No 55.05 of the Common
       Customs Tariff .
 2 . within the limits of this tariff quota the Community
       Customs Tariff duties shall be totally suspended .
       This suspension shall be fully applied in the new Member
       States .
                                                          • • • /• • •
 ---pagebreak---                         Article 2
1.    A first instalment , amounting to 950 tons of the
Community tariff quota referred to in Article 1 shali
be shared among t lie Member States ; the proportions
which, subject to Article 5, shall be valid from 1
January until 3 J December 1 97^- shall consist of the <
following amounts;
              Germanv                       360 tons
              Bcneluv                       309 tons
              France                                   tons
              Italv                         140 tons
            Danemark                               1 ton
            Ireland                        " 10 tons
            United Kingdom                     ko tons
 2.    The second instalment, amounting to 225 tons ,
 shall nuike up the reserve.                     :
                                                I:     !  •
                          Article .?
 1.    If 90% or more of the initial share of a
 Member State, as laid down in Article 2 , "* or 90 %
 of that share less the amount returned into the
 reserve, where the provisions of Article 5 have been
 applied, 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, rounded up to . the next unit where
 appropriate, to the extent that the - amount in the
 reserve allows.
 2.    If, after its initial share has been exhausted,
 90 % or more of the second share drawn by a
 Member State has been used, that Member State shall
 proceed without delay, by notifying the Commission,
 to draw a third share equal to 7-5 % of its initial
 share, rounded up to the next unit where
 appropriate, to the extent that the amount in the
 reserve allows.
 3.    If, after its second share has been exhausted,
 90 % or more .of the third share drawn by a Member
 State has been used , that Member State shall proceed,
 pursuant to the provisions of paragraph 2, to draw a
  fourth share equal to the third . ,        !!     ..
                                             I
 This process shall be applied until the reserve is
  exhausted .
 ---pagebreak---  4.      Notwithstanding the provisions of paragraphs
  I , 2 and 3 , the Member States may proceed to draw
 shares smaller titan those lixed in tliuse paragraphs, if
 I here is reason to believe that those shares might not
 he used up. I hey shall inlonn the Commission of the
 reasons which led them to apply this paragraph.
                          Article 4
The additional shares drawn pursuant to Article 3
shall be valid until 31 December
                          Article 5
If, by 15 September 197^, a Member Srate has not
used up its initial share, it shall, not later than 10
October 197V, return to the reserve the unused
portion of this share in excess of 20 of the initial
amount, h may return a larger quantity if there are
reasons to consider that such quantity might not be
used .
The Member States shall , not later than 10 October
 197^, notify the Commission of the total imports of
the product concerned effected up to 15 September
 197V inclusive, and charged against the Community
quota and , where appropriate, the proportion of their
 initial share that is being returned to the reserve.
                          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
to which the reserve has been used as soon as it
receives the notifications.
The Commission shall, not later than 15 October
 197V, notify Member States of the amount in the
reserve after the return of shares pursuant to
Article 5 .
The Commission shall ensure that any drawing
which uses up the reserve is limited to the balance
available and, for this purpose, shall specify the
amount thereof to the Member State which makes
the final drawing.
 ---pagebreak---                                            - 7 -
                                        Article 7
                1.    The Member States shall take all appropriate
                measures to ensure that, when additional shares are
                drawn pursuant to Article 3 , it is possible for charges
                to be made without interruption against their
                accumulated shares of the Community quota.
                2. The Member States shall guarantee to importers
                of the product concerned established in their territory
                free access to the shares allocated to them .
                3.    The Member States shall charge imports of the
                      said goods against their share
                      as and when the goods are entered
                      for home use .
               4.    The extent to which the Member States' shares
               have been used up shall be recorded on Hie basis of
               the imports charged in the conditions laid down in
               paragraph 3.
                                       Article 8
               Member States shall inform the , Commission at
               regular intervals of imports from Spain actually
               charged against their shares.
                                       Article 9
              The Member States and            the  Commission     shall
               cooperate closely in order to ensure that the
               provisions of this Regulation arc observed.
                                      Article 10
              This Regulation shall enter into force on 1 January 197^.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                                      For the Council
                                                                        The President
 ---pagebreak---                                   Proposal     for   a
                        REGULATION (EEC) No               OF THE COi '
                                         of t
        opening, allocaiing and providing for the administration of a Cor : . unity tariff quota
        for man-made fibres ( discontinuous or waste ), carded ,
        combed or otherwise prepared for spinning falling within
        heading 56.0k of the Common Customs Tariff , originating
        in Malta
  THE COUNCIL OF TJ1E EUROPEAN COMMUNITIES,
  Having regard to the Treaty establishing the
  European Economic Community and in particular
  Article            113 thereof;
  Having regard to the proposal from the Commission ;
                                                     H
 Whereas the Agreement between the European
 •Economic Community and Malta , signed at
 Valetta on 5 December 1970 , provides in Artide
 3 together with Article 2. of Annex I for the
 opening by the Community of an annual Community
  tariff quota of 60 tons of man-made fibres ( discontinuous
 or waste ), carded , combed , or otherwise prepared
 for spinning ■ falling within heading 56.04 of the
 Common Customs Tariff originating in Malta ;
 whereas , pursuant to Article 1 of the said Annex
 the quota duty is equal to 30 % of the Common
 Customs Tariff duty in respect of the product
 çoncerned
    ' \
                   ;
 whereas , with a view to granting
 Malta ,, as from 1 January 197^, a
 treatment not less favourable than
 is enjoyed by countries eligible
 for the Generalised System of
 Preferences , the above-mentioned
 volume should be increased by
 50        and the duties totally suspended ;
 whereas , consequently , a duty-free
 Community tariff quota of 900 tons
 should be opened in 197'* for the :
 products concerned ; whereas , as
 regards the allocation of this
 tariff quota , the quota volume laid
 doy:n in the Agreement should be
 confined to the original Member
 States and the additional volume of
300 tons resulting from the increase
 should be allocated to all Member
 States :
 ---pagebreak---                                    2
   Whereas it is in particular necessary to ensure to all
   Community importers equal and uninterrupted access                                     f
   to the abovcmcntioned quota and uninterrupted
   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,
   having regard to the principles mentioned above, the
   Community nature of the quota can be respected by
   allocating the Community tariff quota among the
   Member States ; whereas, in order to reflect most
   accurately the actual development of the market in
   the product concerned, such allocation should he in
   proportion to the needs of the Member States .
   assessed by reference both to the statistics of each
   Stare's imports from Malta over a representative
   period and to the economic outlook for the quota
   period concerned ;
   Whereas, during the last three years for which
  statistics arc available, the corresponding imports by
  each of the Member States represent the following
  percentages of the imports into the Community from
 Malta °f the products concerned :
                                           ΙΊ
                               1970               I          1971       I[       1972
Germany                                                                       mm      mm
Bénélux                     1,0       0,5                  7,7    1,7                 mm
France                      7,2       3,7 .
Italy                     91,8      '+6,8 '             92,3    20,3       100       66,8
Denmark
Ireland                             1<*,5 r                     10 , 'f              15,5
United Kingdom                      3^,5 "     ■■               67,6                 17,7
                                                                            /
   Whereas , these percentages and the estimates
    from certain Member States as v/ell as
    the practical need to ensure that the
   obligations contracted under the
   Agreement concerned are allocated
    fairly among all the Member States 5
   whereas , initial quota shares may
    consequently be fixed approximately
   at the following percentages :
                                                                                   ./
 ---pagebreak---            Germany                     10
           Bénélux                     11.7
           France                      13.3 .
                                       *• 8,3
           Italy
           Danemark                       3,3
           Ireland                        5   ,
           United Kingdom                 8Λ
 Whereas, in order to take into account import trends
 for the products concerned in the different Member
 Stales, the quota amount should he divided into two
 instalments, the first instalment being allocated
 among the Member States, and the second forming a
 reserve 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
 degree of security to importers in each Member State,
 the first instalment of the Community quota should
 be determined at a          c! which , under present
 circumstances , may be 67 " of the quota amount ;
 Whereas the initial quota shares of the Member
States may be used tip at different times ; whereas , in
order to take this fact into account and avoid any
break in continuity, it is important that any Member
State having used up almost the whole of its intitial
quota share should draw an additional quota share
from the reserve; whereas, this must be done by each
Member State as and when each of its additional
quota shares is almost entirely used lip, and repeated
as many times as the reserve allows; whereas the
initial and additional quota shares must be available
for use until the end of the quota period ; whereas
this   method    of   administration  calls  for close
cooperation between Member States and the
Commission , which must, in particular, be able to
observe the extent to which the quota amount is used
and inform Member States thereof;
Whereas if, at a specified date in the quota period , a
considerable balance remains in one or other
Member State it is essential that that Member State
pays a large amount of it back into the reserve, in
order to avoid a part of the Community quota "
remaining unused in one Member State when ft could
be used in others :
 ---pagebreak---                                     - 4 -
Whereas, since the Kingdom of Belgium , the
Kingdom of the Netherlands and the Grand Duchy of
Luxembourg are united in and represented by the
Benelux Economic Union , all transactions concerning
the administration of shares granted to the
abovementioncd Economic Union may be carried our
by any one of its members;
 HAS ADOPTED THIS REGULATION :
                         Article 1
 1 . As from 1 January 197 ^ and until 31 December 197t-»
      a Community tariff quota of 900 tons shall be opened
      in the Community for man-made fibres ( discontinuous
      or waste ), carded , combed or otherwise prepared for
      spinning falling within Heading No 56 . 01* of the Common
      Customs Tariff .
 2 . Within the limits of this tariff quota the Community
      Customs Tariff duties shall be totally suspended .
      This suspension shall be fully applied in the new
      Member States .
                         Article 2
1.    A first instalment, amounting to 600 tons of the
Community tariff quota referred TO in Article 1 shall
be shared among the Member States; the proportions
which, subject to Article 5, shall be valid from 1
January until 3 J December 197t shall consist of the
following amounts;
             Germany                        60 tons
             î>cnemx                        ?0 tons
             France                         80 tons
              J t ;l I V                  290 tons
             Denmark                        20 tons
             Ireland                        30 tons
             United Kingdom                 50 tons *
 2. The second instalment, amounting to 300 tons ,
 shall make up the reserve.
                                                         ./
 ---pagebreak---                              - 5 -
                          Article 3
1.      If 90 % or more of the initial share of a
Member State, as laid down in Article 2 ,       or 90 %
of that share less the amount returned into the
reserve, where the provisions of Article 5 have been
applied , 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, rounded tip to . the next unit where
appropriate, to the extent that the amount in the
reserve allows.
2.      I/, after its initial share has been exhausted,
90 % or more of the second share drawn by a
Member State has been used, that Member State shall
proceed without delay, by notifying the Commission,
to draw a third share equal to 7-5 % of its initial
share, rounded up to the next unit where
appropriate, to the extent that the amount in the
reserve allows.
3 . If, after its second share has been exhausted,
90 % or more of the third share drawn by a Member
State has been used, that Member State shall proceed ,
pursuant to the provisions of paragraph 2, to draw a
fourth share equal to the third.
This process shall be applied until , thq , reserve is
exhausted .                                  n
4.      Notwithstanding the provisions of paragraphs
 1 , 2 and 3 , the Member States may proceed to draw
 shares smaller 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 which led them to apply this paragraph.
                           Article 4
 The additional shares drawo pursuant to Article 3
 shall he valid until 31 December 197V
                           Article S
 It, ,bv 15 September 197V. a Member State has not
 used up its initial share, it shall , not later than 10
 October 197 ^, return to the reserve the utilised
 portion of this share in excess of 20 % of; the initial
 amount. It may return a larger quantity if there are
 reasons to consider that such quantity might not be
 used ."
 ---pagebreak---                                   - 6 -
    The Member States shall, not Inter than 10 October
    197V, notify the Commission of the total imports of
   the product concerned effected up to 15 September
   VJ / H inclusive, and charged against the Community
   quota and, where appropriate, the proportion of their
   initial share that is being relumed to the reserve.
                            Artide 6                >
   1 he Commission shall keep account of ( he shares
  opened by Member States in accordance with Articles
  2 and .1 and shall inform each of them-of the extent
  to which the reserve has been used as soon as it
  receives the notifications .
  The Commission shall, not later than 15 October
  J 97^, notify Member States of the amount in the
 reserve after the return of shares pursuant to
 Article 5 .
 The Commission shall ensure that any drawing
 which uses up the reserve is limited to the balance
 available and, for this purpose, shall specify the
 amount thereof to the Member State which makes
 the final drawing.
                           Article 7
1.      The Memher States shall take all appropriate
measures to ensure that, when additional shares are
drawn pursuant to Article 3, it is possible for charges
to be made without interruption against their
accumulated shares of the Community quota.
 2." The Member States shall guarante'e to importers
 of the product concerned established in their territory
  free access to the shares allocated to them . '
 3.      The Member States shall charge imports of the
said goods against their shares as
and when the goods are entered for
home use .
  4.     The extent to which the Member States' shares
  have been used up shall be recorded on the basis of
  the imports charged in the condition!. Iai:d down in
  paragraph .}.                              1
                                                         •••/•••
 ---pagebreak---                                       - 7 -
                                      Article 8
               Member States shall inform the Commission at
               regular intervals of imports from Spain actually
               charged against their shares.
                                      Article 9                  ^
               The   Member States     and    the Commission    shall
               cooperate closely in order to ensure that the
               provisions of this Regulation are observed.
                             ' '     Article 10 ,
              This Regulation shall enter into force on 1 J.anuary 197 ^*
This Regulation shall be binding in its entirety and directly applicable in all Membe
States.                                         '
Done at Brussels,
                                                                    For the Council
                                                                     The President
 ---pagebreak---                                                                                             ANNEX III
                                  Proposal     for    a
                       REGULATION (EEC) No • • • •          OF THE COUNCIL
                                           of . .........
        opening, allocating and providing for tlic administration of a Community tariff quota
        for outer garments and other articles , knitted or crocheted,
       not elastic nor rubberised falling within heading 60,05
       of the Common Customs Tariff , originating in Malta
       THE COUNCIL OF THE EUROPEAN COMMUNITIES,
       Having regard to the Treaty establishing the
       European Economic Community and in particular
       Article- 115 thereof :
                                                         j.                        I
                                                      r     I
        Having regard to the proposal from the Commission ;                                           >
       Whereas the Agreement between the European
       Economic Community and Malta , signed at
       Valetta on 5 December 1970 » próvides in Artide i
       ^       together with Article 2 of Annex 1 for the
       opening by the. Community of an annual Community
       tariff quota of outer garments and other articles , knitted or crocheted , not
elastic nor rubberised falling within heading 60.05 of the Common Customs
    __J?ariff originating in Malta ;
       whereas, pursuant to Article ! of the said Annex the
     " S.uota       's      to 30 % (>f the Common Customs
       Tariff duly in respect of the product concerned;
       whereas , with a view to granting                                                                  !
       feLta, as from 1 January 197^» a
       treatment not leas favourable than
       is enjoyed by countries eligible
       for the Generalised System of . !
       Preferences , the above-mentioned ,
       volume should be increased by
       50 % and the duties totally suspended ;
       wfhereas , consequently , a duty-free
       Community tariff quota of 150 tbnis
       tons should be opened in 197 ^ for the
       products concerned 5 whereas , as '                                   !• ■•
       regards
        1 '
                     the allocation of this                                                             •
       tariff quota , the quota volume laid
       down in the Agreement should be
       confined to the original Member
       States and the additional volume of
      50        tons resulting from the increase
       should be allocated to all Member
       States :
 ---pagebreak---                                             - 2 -                                            ANNEX III
                 Whereas ii is in particular ifecessary to cnsiuv to all
                Community importers equal and uninterrupted access
                to the abovementioned quota and uninterrupted
                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,
                 having regard to the principles mentioned above, the
                Community nature of the quota can be respected by
                allocating the Community tariff quota among the
                Member States ; whereas, in order to reflect most
                accurately ihe actual development of the market in
                the product concerned, such allocation should be in
                proportion to the needs of the Member States,
                assessed by relereiue both to the statistics of each
                Stale's imports from Malta over a representative
                period and to the economic outlook for the quota
                period concerned ;
                Whereas, during the last three years for which
                statistics are available, the corresponding imports by
               each of the Member Stares represent the following
               pciccntagcs of the imports into the Community from
               Malfca0^ t'10 products concerned :
                                                              :
                                 1970                             1971          !       1972
                                                           1    –
Germany                  12,5       ;      1,0         12,5 '             1,1     ^,2          0,8
                                    I                                                      I
Bénélux                             I
                                    I                   i          I
France                   87,5 ;            7,1         75,0               6,6 ι 91,6      I  17,1
Italy
                                   !
                                    i
                                                       12,5 ;      i
                                                                          1,1     4,2 |   I
                                                                                               0,8
Danemark                           i                                                      I
                                   i                                                      I
                                   •                                                      I
Ireland                            i        _
                                                                   !      1' 1            I
                                   i                                                      I
United Kingdom                      !    91,9           m          !     90,1                81,3
                                                        11   n     I                  . •  I
               Whereas , these percentages and the estimates
                from certain Member States as well as
                the practical need to ensure that the
                obligations contracted under the
               Agreement concerned are allocated
                fairly among all the Membetf States ;
               whereas , initial quota shares may
                consequently be fixed approximately
               at the following percentages :
               Germany                               15 ,-!                    !  '
               Bénélux                               10 ,-:;                   ;
               France                                ^3,3
               Italy                                 13,3
               Danemark                                3,3
               Ireland                                 3,3
               United Kingdom                        11,8
                                                          π  !,
                                                                                              • • •/• • «
 ---pagebreak---                             _   3 -                        ANNEX III
 Whereas, in order to take into account impon trends
 for the products concerned in the different Member
 States, the quota amount should be divided into two
 instalments, the first instalment being allocated
 among the Member States, anil the second forminj; a
 reserve 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
 decree of security to importers in each Member State,
 the first instalment of the Community quota should
 be determined at a level which, under present
 circumstances', may be SO % of the quota amount ;
Whereas the initial quota shares of the Member
States may be used up at different times; whereas, in
 order to take this fact into account and avoid any
break in continuity, it is important that any Member
State having used up almost the whole of its intitial
 quota share should draw an additional quota share
 from the reserve; whereas, this must be done by each
Member Stale as and when each of its additional
quota shares is almost entirely used up, and repeated
as many times as the reserve allows ; whereas the
initial and additional quota shares must be available
for use until the end of the quota period ; whereas
this   method     of  administration   calls   for   close
cooperation between Member States and the
Commission, which must, in particular, be able to
observe the extent to which the quota amount is used
and inform Member Stares thereof;
                                           ' 1  '■ !
Whereas if, at a specified date in the qvtota period, a
considerable balance remains in one or other
Member State it is essential that that Member State
pays a large amount of it back into the rbscrvc, in
order to avoid a part of the Community quota "
remaining unused in one Member State when it could
be used in others ;                            ,
Whereas, since the Kingdom of Belgium, the
Kingdom of the Netherlands and the Grand, Duchy of
Luxembourg arc united in and represented by the
Jtenclux Economic Union , all transactions concerning
the administration of shares granted to the
abovementioned F.conomic Union may be carried out
by any one of its members; .              'it'
 ---pagebreak---                               - /f -                        ANNEX III
  HAS ADOPTED THIS REGULATION :
                          Article 1
     1.     As from 1 January 197 ^ and until
            31 December 197^» a Community
            tariff quota of 150 tons shall be
             opened in the Community for
             outer garments and other articles ,
            knitted or crocheted , not elastic
            nor rubberised falling within
            heading No . 60.05 of the Common
             Customs Tariff .
     2.      Within the limits of this tariff
             quota the Community' Customs Tariff
             duties shall be totally suspended .
            This suspension shall be fully
             applied in the new Member States .
                                             V     .1
                            Article 2        1
     1.    A first instalment, amounting to 120 tons of the
    Community tariff quota referred to in Article 1 sh.ili
    be shared among the Member States; the proportions
    which, subject to Article 5, shall be valid from 1
    January until 31 December 19A shall consist of the
    following amounts:
                  Germany                  lo tons
                                                M
                  Nenclux                  12 -ytons
                  France                   52 tons
                  Ju.lv                    16 ( tons
                  Danemark                        tons
                  Ireland                   k tons
                 United Kingdom           1k tons .
 2.     The second instalment, amounting to 30 tons ,
 shall make up the reserve.                    ,
                                                      ' 1
                                                 I      :
                          Article 3
 1.     If .90 % or more of the initial share of a
 Member State, as laid down in Article 2 , , or 90 %
of that share less the amount returned into the
reserve, where the provisions of Article 5 have been
applied, 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, rounded up to . the next unit where
appropriate, to the extent that the amount in the
reserve allows.
                                                                   • • •/• • •
 ---pagebreak---                              - 5 -                       ANNEX III
2.      If, after its initial share has been exhausted,
90 % or more of the second share drawn by a
Member State has been used, that Member State shall
proceed without delay, by notifying the Commission,
to draw a third share equal to 7-5 % of its initial
share, rounded up to the next unit where
appropriate, to the extent that the amount in the
reserve allows.
3. If, after its second share has been exhausted,
90 % or more .of the third share drawn by a Member
State has been used, that Member State shall proceed,
pursuant to the provisions of paragraph 7,, to draw a
fourth share equal to the third. ,
This process shall be applied until the reserve is
exhausted .
4. Notwithstanding the provisions of paragraphs
 I , 2 and 3, the Member Stares may proceed to draw
shares smaller than those fixed in those paragraphs, if
there is reason to believe that rhosc shares , might not
be used up. They shall inform the Commission of the
reasons which led them to apply this paragraph.
                           Article 4
The additional shares drawo pursuant to Article 3
shall be valid until 31 December
                           Article 5
If, Jby 15 September 197^ a Member State has not
used up its initial share, it shall, not later than 10
October 197^ return to the reserve the unused
portion of this share in excess of 20 % of the initial
amount. It may return a larger quantity , if there are
reasons to consider thai such quantity ltyight not be
used .
                                          [1  i:
                                              h
  The Member States shall , not later than 10 October
   1974, notify the Commission of the total imports of
  the product concerned effected up to 15 September
  VJ'/k inclusive, and charged against the Community
  quota and , where appropriate, the proportion of their
  initial share that is being returned to the Reserve.
 ---pagebreak---                                                - 6 -                                   ANNEX III
                                          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
                  to which the reserve has been used as soon as it
                  receives the notifications .                           :
                  The Commission shall , not later thai^, 15 October
                  1974, notify Member States of the amount in the
                  reserve after the return of shares pursuant to
                  Article 5 .
                  The Commission shall ensure that any drawing
                  which uses up the reserve is limited to the balance
                  available and, for this purpose, shall specify the
                  amount thereof to the Member State which makes
                  the final drawing.
                                          Article 7
                  1.    The Member States shall take all appropriate
                  measures to ensure that, when additional shares arc
                  drawn pursuant to Article 3, it is possible for charges
                  to be made without interruption against their
                  accumulated shares of the Community quota.
                2. The Member States shall guarantee to importers .
                of the product concerned established in their territory
                free access to the shares allocated to them .
                3.     The Member States shall charge imports of the
                said goods against their sfaaxe as
                and when the goods are entered for
                home use .
                                                             I
                 4.     The extent to which the Member Stares' shares
                have been used up shall be recorded on the basis of
                the imports charged in the conditions laid down in
                 paragraph 3.
                                                            η
                                          Article 8
                 Member States shall inform the Commission at
                  regular intervals of imports from M&Lt& actually
                 charged against their shares.                 i: ,
                                          Article 9
                  The Member States and the Commission shall
                  cooperate closely in order to ensure that the
                  provisions of this Regulation arc observed.
                                ■ "       Article 10
                  This Regulation shall enter into force on 1 January 197^*
This Regulation shall be binding in its entirety and directly applicable i« all Member
States.
Done at Brussels,
             .                                                  ;    i For the Council
                                                                  •'    The President
 ---pagebreak---                                                                                        ANNEX IV
                                Proposal     for    a
                  REGULATION ( EEC) No .... OF THE COUNCIL
                                   of  •••••»»•♦•■
 opening, allocating and providing for the administration of ai Community t.mif quota
 for men 's and boy 's outer garments falling within heading
61.01 of the Common Customs Tariff , originating in Malta
 THE COUNCIL OF THE EUROPEAN COMMUNII ILS,„               n
 Having regard to the Treaty establishing the
 European Economic Community and in particular
 Article 113 thereof :
 Having regard to the proposal from the Commission ;
                                                    }   !
 Whereas the Agreement between the European
 Economie Community and Malta , signed àt
 Vaìetta on 5 Decomber 1970 , provides^-in Artide 3
        " together with Article 2 of Annex f for the a
 opening by the Community of an annual Community n                        .1
 tariff quota of/men 's and boy 's outer gar-                                        J00 tons of
 ments falling within heading 6l.01~
 of the Common Customs Tariff origi­
 nating in Malta ; whereas , pursuant
 Article 1 of the said Annex the " "
 quota duty is equal to J>0 % of the
 Common Customs Tariff duty in respect
 of the product concerned ;                          1
 whereas , with a view to granting
 Malta, as from 1 January 197^» a 1
 treatment not less favourable than (
 is enjoyed by countries eligible
 for 1 the Generalised System of
 Preferences , the above-mentioned
 voltime should be increased by                         ;i                 -
 50        and the duties totally suspended ;
 whereas , consequently , a duty-free
 Community tariff quota of k^O tone
 should be opened in 197 ^ for the ;i
 products concerned ; whereas , as n
 regards tlie allocation of this
 tariff quota, the quota volume laid
 down in the Agreement should be r
 confined to the original Member •
 States and the additional volume of
 150 tons resulting from the increase
 should be allocated to all Member
 States :
    1 !
 ---pagebreak---                                                                                    ANNEX IV
                Whereas it is in particular necessary to ensure to all
                Community importers equal ami uninterrupted access
                to the abovementioned quota anil uninterrupted
                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,
                 having regard to the principles mentioned above, the
                Community nature of the quota can be respected by"
                 allocating the Community tariff quota among the
                 Member Slates ; whereas, in order to reflect most
                 accurately the actual development of the market in
                 the product "concerned , such allocation should be in
                 proportion to the needs of the Member Slates,
                 assessed by reference both to the statistics of each
                 State's imports from Malta ovcr a representative
                 period and to the economic outlook for the quota
                 period concerned ;
            Whereas, during the last three years for which
            statistics arc available, the corresponding imports by
            each of the Member States represent the following
            percentages of the imports into the Community from
            Malta of the products concerned :
                                 1970                          1971             1972
Germany                   56,8             25.6         42,7            24,8 55,5    43,4
Bénélux                  23 , 7            10.7         44,6            26,0 27,3    21,4
France                     6,6               2,9         7,1             4,2 11,7     9,2
Italy                    12,9                5.8         5,6             3,2  5,5     4,2
Danemark                                     6.9                        11.7          7,6
Ireland                                      0,4                         0,3          0,2
United Kingdom                             <*7,7                        29.8         14,0
            whereas , these percentages and the estimates
            from certain Member States should be
            taken into account for the purposes of
            allocating the two above-mentioned quota
            amounts ; whereas , initial quota shares
            may consequently be fixed approximately
            At the following percentages :
            Germany                                     44,8
            Bénélux                                     28,3
            France                                       8,6
            Italy                                        6 ,-
            Danemark                                     2,8
            Ireland                                      0,3
            United Kingdom                               9,2
                                                                                      t • •/«
 ---pagebreak---                                - 3 -
 Whereas, in order to take into account import trends
for the products concerned in the different Member
States, the quota amount should he divided into two
instalments, the first instalment being allocated
among the Member States, and the second forming a
 reserve 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
degree of security to importers in each Member State,
the first instalment of the Community quota should
be determined at a level which, under present
 cirammanccs, in.iy be 709^       t'ic quota amount ;
Whereas the initial quota shares of the Member
States ma \ be used up al different times; whereas, in
order to take this - fact into account and avoid any
break in continuity, it is important that any Member
State having used up almost the whole of its intilial
quota share should draw an additional quota share
from the reserve; whereas, this must be done by each
Member State as and when each of its additional
quota shares is almost entirely used up, and repeated
as many times as the reserve allows; whereas the
initial and additional quota shares must be available
/or use until the end of the quota period ; whereas
this   method    of   administration    calls for close
cooperation between Member States and the
Commission, which must, in particular, be able to
observe the extent 10 which the quota amount is used
and inform Member States thereof;
Whereas if, at a specified date in the quota period, a
considerable balance remains in one or other
Member State it is essential that that Member State
pays a large amount of it back into the reserve, in
order to avoid a part of the Community quota "
remaining unused in one Member State when it could
be used in others ;
Whereas, since the Kingdom of Belgium, the
Kingdom of the Netherlands and the Grand Duchy of
Luxembourg arc united ill and represented by the
Benelux Economic Union, all transactions concerning
the administration of shares granted to the
abovementioncd Economic Union may be carried out
by any one of its members;
 ---pagebreak---                            - L .                           ANNEX IV
HAS ADOPTED THIS REGULATION :
                        Article 1
 1 . As from 1 January 197t- and until
      31 December 19?k , a Community
      tariff quota of ^50 tons shall be
      opened in the Community for men 's
      and boy 's outer garments falling
      within heading No . 61.01 of the
      Common Customs Tariff .
2 . Within the limits of this tariff
      quota the Community Customs Tariff
      duties shall be totally suspended .
      This suspension shall be fully
      applied in the new Member States .
                        Article 2
 1.    A first instalment, amounting to 335tf>|is of the
Community tariff quota referred to in Article 1 shall
be shared amonj; the Member States; the proportions
which, subject to Article 5, sh.-.U |v valid from I
January . until 31 December lVft shall consist of the
following amounts;
               Germany             iki tons
               REND M \              89 tons
              France                 27 tons
               Italy                 19 tons
              .Danemark                9 tons
              Ireland                 1 ton ,
              United
                                     29 tons
             Kingdom
 2.    The second instalment, amounting to 2.35 tons
 shall make up the reserve.                              '
 ---pagebreak---                        - 5 -                            ANNEX IV
                        Article .1
1.      If 90% or more of the initial share of a
Member State, as laid down in Article 2 i     or 90 %
of that share less the amount returned into the
reserve, where the provisions of Article 5 have been
applied, 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, rounded up to . the next unit where
appropriate, to the extent that the ■ amount in the
reserve allows.
2. If, after its initial share has been exhausted,
90 % or more of the second share drawn by a
Member State has been used, that Member State shall
proceed without delay, by notifying the Commission,
to draw a third share equal to 7-5 % of its initial
share, rounded up to the next unit where
appropriate, to the extent that the amount in the
reserve allows.
3. If, after its second share has been exhausted,
90 % or more of the third share drawn by a Member
State has been used, that Member State shall proceed,
pursuant to the provisions of paragraph 2, to draw a
fourth share equal to the third. ,
This process shall be applied until the reserve is
exhausted .
4. Notwithstanding the provisions of paragraphs
1 , 2 and 3 , the Member States may proceed to draw
shares smaller 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 which led them to apply this paragraph.
                        Article 4
The additional shares draw# pursuant to Article 3
shall be valid until 31 December 1 97^f»
                        Article S        1
If, by 15 September 1974, a Member State has not
used up its initial share, it shall, not later than 10
October 197'4, return to the reserve the unused
portion of this share in excess of 20 % of the initial
amount. It may return a larger quantity if there are
reasons to consider that such quantity might not be
 used .
 ---pagebreak--- The Member States shall , not later than 10 October
 1 9 /if, notify the Commission of the total imports of
the product concerned effected up to 15 September
1974 inclusive, and charged against the Community
quota and , where appropriate, the proportion of their
initial share that is being returned to the reserve.
                         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
to which the reserve has been used as soon as it
receives the notifications .                            :
The Commission shall, not later than 15 October
197k notify Member States of the amount in the
reset vc after the return of shares pursuant to
Article 5 .
The Commission shall ensure that any drawing
which uses up the reserve is limited to the balance
 available and, for this purpose, shall specify the
amount thereof to the Member State which makes
the final drawing.
                         Article 7
 1 . The Member States shall take all appropriate
 measures to ensure that, when additional shares arc
drawn pursuant to Article 3 , it is possible for charges
to be made without interruption against their
 accumulated shares of the Community quota.
  2.      The Member States shall guarantee to importers
  of the product concerned established in their territory
  free access to the shares allocated to them .
  3.      The Member 'States shall charge imports of the
said goods against their share as
and when the goods are entered for
home use .
  4.      The extent to which the Member States' shares
  have been used up shall be recorded on the basis of
  the imports charged in the conditions laid down in
  paragraph 3.
 ---pagebreak---                                                  Article 8
                         Member Stares shall      inform     the Commission    at
                         regular intervals of imports from Malta actually
                         charged against their shares.
                                                 Article 9
                        The    Member     States  and    the   Commission   shall
                         cooperate closely in order to ensure that the
                         provisions of this Regulation arc observed.
                                                Article 10
                        This Regulation shall enter into force on 1 January 197 ^*
This Regulation shall he binding in its entirety and directly applicable in all Member
States.
Done ar Brussels.
                                                                     For the Council
                                                                      The President