CELEX: 31974R0365
Language: en
Date: 1974-02-04 00:00:00
Title: Regulation (EEC) No 365/74 of the Council of 4 February 1974 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

20 . 2 . 74                        Official Journal of the European Communities                                No L 48 /65
                              REGULATION (EEC) No 365/74 OF THE COUNCIL
                                                  of 4 February 1974
              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 :
                                                       1970                   1971                1972
              Benelux                             —          —           —          —       —           —
              France                             87-5        7-1        75-0        6-6     91-6       17-1
              Germany                            12-5        1-0        12-5        1-1       4-2       0-8
              Italy                               —          —
                                                                        12 -5       M         4-2       0-8
              Denmark
              Ireland                                                               1-1
              United Kingdom                                91-9                   90-1                81-3
 ---pagebreak--- No L 48/66                         Official Journal of the European Communities                               20 . 2 . 74
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 :
             Benelux                     10-0                 HAS ADOPTED THIS REGULATION :
             Denmark                      3-3
             France                      43-3
                                                                                      Article 1
             Germany                     15-0
             Ireland                      3-3
                                                              1 . Until 31 December 1974, a Community tariff quota
             Italy                       13-3                 of 150 metric tons shall be opened in the Community
                                                              for outer garments and other articles, knitted or
             United Kingdom              11-8
                                                              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 1974 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
                                                                            Benelux          12 metric tons
 additional share from the reserve ; whereas, this must
                                                                            Denmark           4 metric tons
 be done by each Member State as and when each of
its additional shares is almost entirely used up, and                       France           52 metric tons
 repeated as many times as the reserve allows ; whereas                     Germany          18 metric tons
the initial and additional shares must be available for                     Ireland           4 metric tons
 use until the end of the quota period ; whereas this                       Italy            16 metric tons
 method of administration calls for close cooperation
 between Member States and the Commission, which                            United Kingdom 14 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--- 20 . 2 . 74                           Official Journal of the European Communities                            No L 48 /67
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 1974
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 .
                                                                 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
                                                                 said goods against their share 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 1974 .
                                                                 4. The extent to which a Member State has used up
                          Article 5
                                                                 its share shall be determined on the basis of the imports
                                                                 charged in accordance with paragraph 3 .
If, by 15 September 1974, a Member State has not used                                     Article 8
up its initial share, its shall, not later than 10 October
1974, 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
1974, 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
1974 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
                                                                 The tariff quota laid down in this Regulation shall be
                                                                 opened for 1974.
                          Article 6
                                                                 This Regulation shall enter into force on the third day
The Commission shall keep account of the shares                  following its publication in the Official Journal of the
opened by Member States in accordance with Articles              European Communities .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 4 February 1974.
                                                                                     For the Council
                                                                                      The President
                                                                                        W. SCHEEL