CELEX: 31975R3150
Language: en
Date: 1975-11-24 00:00:00
Title: Regulation (EEC) No 3150/75 of the Council of 24 November 1975 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 (1976)

No L 317/42                         Official Journal of the European Communities                                   8 . 12. 75
                             REGULATION (EEC) No 3150/75 OF THE COUNCIL
                                                of 24 November 1975
              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 ( 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          eligible for the generalized preferences system, the
                                                                  abovementioned volume         should    be  increased     to
                                                                  1 181 metric tons and the duties totally suspended ;
                                                                  whereas, as regards the allocation of this tariff quota,
Having regard to the Treaty establishing the Euro­                the quota volume laid down in the Agreement should
pean Economic Community, and in particular                        be confined to the original Member States and the
Article 113 thereof;                                              new Member States shall participate in the
                                                                  supplementary volume ;
Having regard to the proposal from the Commission ;
                                                                  Whereas it is in particular necessary to ensure to
                                                                  all Community importers equal and uninterrupted
Whereas the Agreement between the European                        access to the abovementioned quota and uninter­
Economic Community and Malta, signed at Valetta                   rupted application of the rate laid down for that
on 5 December 1970, provides in Article 3 ( 1 )                   quota to all imports of the product concerned into
together with Article 2 of Annex I for the opening                all Member States until the quota has been used up ;
by the Community of annual Community tariff                       whereas, having regard to the principles mentioned
quota of 750 metric tons of cotton yarn not put up                above, the Community nature of the quota can be
for retail sale, falling within heading No 55.05 of               respected by allocating the Community tariff quota
the Common Customs Tariff, originating in Malta ;                 among the Member States ; whereas , in order to
whereas the first stage of the Agreement ends on                  reflect more accurately the actual development of the
31 March 1976 and, pursuant to Article 6 of Annex I,              market in the product concerned, such allocation
the pro rata temporis clause would apply to the                   should be in proportion to the needs of the Member
volume of the quota ; whereas the Community intends               States, assessed by reference to both the statistics of
to maintain its trading relations with Malta ; whereas            each State's imports of the said goods from Malta
the provisions governing the second stage should not              over a representative period and the economic out­
be less favourable than those laid down for the
                                                                  look for the quota period concerned ;
first ; whereas in order not to disrupt trading patterns
for the products in question, the Community tariff
quota should be opened for the whole of 1976 ;
whereas, pursuant to Article 1 of the said Annex the              Whereas, during the last three years for which
quota duty is equal to 30% of the Common Customs                  statistics are available, the corresponding imports by
Tariff duty in respect of the product concerned ;                 each of the Member States represent the following
whereas, with a view to granting Malta a treatment                percentages of the imports into the Community, from
not less favourable than that enjoyed by countries                Malta, of the products concerned :
                                                        1972                     1973               1974
              Germany                              57-3      51-4           45-5      39-8      30-1     24-3
              Benelux                              28-7      25-7           34-8      30-4      39-7     32-0
              France                                5-4       4-8            8-0       7-0      23-7     19-1
              Italy                                 8-6       7-8           11-7      10-2       6-5      5-2
              Denmark                                         0-1                      0-0                0-1
              Ireland                                         3-2                      0-1                0-6
              United Kingdom                                  7-0                     12-5               18-7
 ---pagebreak--- 8 . 12 . 75                        Official Journal of the European Communities                             No L 317/43
Whereas in view of these factors of the foreseeable           Economic Union, any measure concerning the
development during 1976 of the market for the                 administration of the quota shares allocated to that
products in question and in particular of the estimates       economic union may be carried out by any of its
submitted by certain Member States, initial quota             members,
shares may consequently be fixed approximately as
follows :
                                                              HAS ADOPTED THIS REGULATION :
          Benelux                           23-0
          Denmark                             0-1
          France                              6-2
                                                                                        Article 1
          Germany                            51-0
          Ireland                             1-1
                                                              1 . From 1 January to 31 December 1976 a tariff
          Italy                               9-9             quota of 1 181 metric tons shall be opened in the
          United Kingdom                      8-7             Community for cotton yarn not put up for retail sale,
                                                              falling within heading No 55.05 of the Common
                                                              Customs Tariff, originating in Malta.
Whereas, in order to take into account import trends
for the products concerned in the different Member
                                                              2 . Within the limits of this tariff quota, the Common
States, the quota amount should be divided into two
                                                              Customs Tariff duties shall be totally suspended.
instalments, the first instalment being allocated
among the Member States , and the second forming
                                                              This suspension shall be fully applied in the new
a reserve intended ultimately to cover the require­           Member States .
ments 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                                     Article 2
each Member State, the first instalment of the Com­
munity quota should be determined at a level which,
                                                              1 . A first instalment, amounting to 805 metric tons
under present circumstances , may be approximately
                                                              of the Community tariff quota referred to in Article 1 ,
70% of the quota amount ;
                                                              shall be shared among the Member States ; the shares ,
                                                              which subject to Article 5 shall be valid until
Whereas the initial quota shares of the Member                31 December 1976, shall consist of the following
States may be used up at different times ; whereas,           amounts :
in order to take this fact into account and avoid
                                                                       Benelux                    185 metric tons,
any break in continuity, it is important that any
Member State having used up almost the whole of                        Denmark                      1 metric ton ,
its initial quota share should draw an additional                      France                      50 metric tons ,
 quota share from the reserve ; whereas, this must be                  Germany                   410 metric tons,
done by each Member State as and when each of                          Ireland                      9 metric tons ,
its additional quota shares is almost entirely used
up, and repeated as many times as the reserve allows ;                 Italy                       80 metric tons ,
 whereas the initial and additional quota shares must                  United Kingdom              70 metric tons .
be available for use until the end of the quota period ;
whereas this method of administration calls for close         2 . The second instalment of 376 metric tons shall
 cooperation between Member States, and the Com­              constitute the reserve .
 mission, which must, in particular, be able to
 observe the extent to which the quota amount is used
 and inform Member States thereof;                                                      Article 3
                                                               1 . If 90% or more of the initial share of a Member
 Whereas if, at a specified date in the quota period,
 a considerable balance remains in one or other               State, as laid down in Article 2 ( 1 ) or 90% of that
 Member State it is essential that that Member State          share less the amount returned into the reserve, where
 pays a large amount of it back into the reserve, in          the provisions of Article 5 have been applied, has
 order to avoid a part of the Community quota                 been exhausted, that Member State shall proceed
 remaining unused in one Member State when it
                                                              without delay, by notifying the Commission, to draw
 could be used in others ;                                    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 .
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
 ---pagebreak---   No L 317/44                          Official Journal of the European Communities                             8 . 12 . 75
State has been used, that Member State shall, in                  The Commission shall, not later than 5 October
 accordance      with    the  conditions   laid   down    in      1976, notify Member States of the amount in the
paragraph 1 , proceed without delay to draw a third               reserve after the return of shares pursuant to
 share equal to 7-5% of its initial share, rounded up             Article 5 .
 to the next unit where appropriate, to the 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
 3 . If, after its second share has been exhausted, 90%           available and for this purpose shall specify the
 or more of the third share drawn by a Member State               amount thereof to the Member State which makes
has been used, that Member State shall proceed, in                the last drawing.
the same way, to draw a fourth share equal to the
 third.
                                                                                       4  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 , a Member States may proceed to draw                     drawn pursuant to Article 3 , it is possible for
 shares smaller than those fixed in those paragraphs,             charges to be made without interruption against their
if there is reason to believe that they might not be              accumulated 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 have free access to the shares allocated to
                           Article 4                              them .
Each of the additional shares drawn pursuant to                   3 . The Member States shall charge imports of the
Article 3 shall be valid until 31 December 1976 .
                                                                  said goods against their share as and when the goods
                                                                  are entered for home use .
                           Article 5
                                                                  4 . The extent to which a Member State has used
The Member States shall return to the reserve, not                up its share shall be determined on the basis of the
later than 1 October 1976, the unused portion of                  imports charged in accordance with paragraph 3 .
their initial share which, on 15 September 1976, is in
excess of 20% of their initial amount. They may
return a greater portion if there are grounds for                                         Article 8
believing that such quantity may not be used in full .
                                                                  On receipt of a request from the Commission,
The Member States shall , not later than 1 October                Member States shall inform it of imports actually
1976, notify the Commission of the total imports of               charged against their shares.
the product concerned effected up to and including
15 September 1976, and charged against the
Community quota and, where appropriate, the                                               Article 9
proportion of their initial share that is being returned
to the reserve .                                                  The Member       States   and   the  Commission    shall
                                                                  cooperate closely in order to ensure that this
                           Article 6                              Regulation is observed.
The Commission shall keep account of the shares
opened by Member States in accordance with                                                Article 10
Articles 2 and 3 and shall inform each of them of
the extent to which the reserve has been used as                  This Regulation shall enter into force on 1 January
soon as it receives the notifications .                           1976 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 24 November 1975 .
                                                                                           For the Council
                                                                                             The President
                                                                                             B. VISENTINI