CELEX: 31975R3153
Language: en
Date: 1975-11-24 00:00:00
Title: Regulation (EEC) No 3153/75 of the Council of 24 November 1975 opening, allocating and providing for the administration of a Community tariff quota for men's and boys' outer garments, falling within heading No 61.01 of the Common Customs Tariff, originating in Malta (1976)

No L 317/52                        Official Journal of the European Communities                               8 . 12. 75
                              REGULATION (EEC) No 3153/75 OF THE COUNCIL
                                                of 24 November 1975
               opening, allocating and providing for the administration of a Community tariff quota
               for men's and boys' outer garments falling within heading No 61.01 of the Common
                                     Customs Tariff, originating in Malta (1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         countries eligible for the generalized preferences
                                                                  system, the abovementioned volume should be
                                                                  increased to 473 metric tons and the duties totally
                                                                  suspended ; whereas, as regards the allocation of
Having regard to the Treaty establishing the                      this tariff quota, the quota volume laid down in the
European Economic Community, and in particular                    Agreement should be confined to the original
Article 113 thereof ;                                             Member States and the new Member States should
                                                                  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 products concerned into
together with Article 2 of Annex I for the opening                all Member States until the quota has been used
by the Community of an annual Community tariff                    up ; whereas, having regard to the principles
quota of 300 metric tons of men's and boys' outer                 mentioned above, the Community nature of the
garments, falling within heading No 61.01 of the                  quota may be respected by allocating the Community
Common Customs Tariff, originating in Malta ;                     tariff quota among the Member States ; whereas, in
whereas the first stage of the Agreement ends on                  order to reflect more accurately the actual
31 March 1976 and, pursuant to Article 6 of Annex I,              development of the market in the product concerned,
the pro rata temporis clause would apply to the                   such allocation should be in proportion to the needs
volume of the quota ; whereas the Community                       of the Member States, assessed by reference to both
intends to maintain its trading relations with Malta ;            the statistics of each State's imports of the said
whereas the provisions governing the second stage                 goods from Malta over a representative period and
should not be less favourable than those laid down                the economic outlook for the quota period
for the first ; whereas in order not to disrupt trading           concerned ;
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,                 Whereas, during the last three years for which
the quota duty is equal to 30 % of the Common                     statistics are available, the corresponding imports
Customs Tariff duty in respect of the product                      by each of the Member States represent the
concerned ; whereas, with a view to granting Malta                following percentages of the imports into the Com­
treatment not less favourable than that enjoyed by                 munity from Malta of the products concerned :
                                                        1972                     1973             1974
               Germany                             55-5      43-4           31-0      19-4    16-2      7-7
               Benelux                             27-3      21-4           35-1      22-0    45-5     21-6
               France                              11-7       9-2           11-9       7-4    22-9     10-9
               Italy                                5-5       4-2           22-0      13-7    15-4      7-4
               Denmark                                        7-6                     29-0             31-9
               Ireland                                        0-2                      0-2              0-4
               United Kingdom                                14-0                      8-3             20-1
 ---pagebreak--- 8 . 12 . 75                       Official Journal of the European Communities                            No L 317/53
Whereas in view of these factors, of the foreseeable         the administration of the quota shares allocated to
development during 1976 of the market for the                that economic union may be carried out by any of
products in question and in particular of the                its members,
estimates submitted by certain Member States, initial
quota shares may consequently be fixed
approximately, as follows :                                  HAS ADOPTED THIS REGULATION :
          Benelux                           12-7
          Denmark                           17-5
                                                                                      Article 1
          France                             9-5
          Germany                           47-6
                                                             1 . From 1 January to 31 December 1976 a Com­
          Ireland                            0-3
                                                             munity tariff quota of 473 metric tons shall be
          Italy                              3-2             opened in the Community for men's and boys' outer
          United Kingdom                     9-2             garments from Malta, falling within heading No
                                                             61.01 of the Common Customs Tariff.
Whereas, in order to take into account import trends
                                                             2. Within the limits of this tariff quota the Common
for the products concerned in the different Member
                                                             Customs Tariff duties shall be totally suspended.
States, the quota amount should be divided into
two instalments, the first instalment being allocated        This suspension shall be fully applied in the new
among the Member States, and the second forming              Member States .
a reserve intended ultimately to cover the
requirements of the Member States which have used
up their initial quota shares ; whereas, in order to                                  Article 2
ensure a certain degree of security to importers in
each Member State, the first instalment of the Com­          1 . A first instalment, amounting to 315 metric tons
munity quota should be determined at a level which,          of the Community tariff quota referred to in Article 1 ,
under present circumstances, may be 67% of the               shall be shared among the Member States ; the
quota amount ;                                               shares, which subject to Article 5 shall be valid until
                                                             31 December 1976, shall consist of the following
                                                             amounts :
Whereas the initial shares of the Member States
may be used up at different times ; whereas, in order                Benelux                   40  metric  tons,
to take this fact into account and avoid any break in                Denmark                   55  metric  tons,
continuity, it is important that any Member State                    France                     30 metric  tons,
having used up almost the whole of its initial share
should draw an additional share from the reserve ;                   Germany                  150  metric  tons,
whereas, this must be done by each Member State                      Ireland                     1 metric  ton,
as and when each of its additional shares is almost                  Italy                      10 metric  tons,
entirely used up, and repeated as many times as the                  United Kingdom             29 metric tons .
reserve allows ; whereas the initial and additional
quota shares must be available for use until the end         2 . The second instalment of 158 metric tons shall
of the quota period ; whereas this method of                 constitute the reserve.
administration calls for close cooperation between
Member States and the Commission, which must, in
particular, be able to observe the extent to which the                                Article 3
quota amount is used and inform Member States
thereof ;
                                                             1.  If 90% or more of the initial share of a Member
                                                             State, as laid down in Article 2 ( 1 ), or 90% of that
Whereas if, at a specified date in the quota period,         share less the amount returned into the reserve,
a considerable balance remains in one or other               where the provisions of Article 5 have been applied,
Member State it is essential that that Member State          has been exhausted, that Member State shall proceed
pays a large amount of it back into the reserve, in          without delay, by notifying the Commission, to draw
order to avoid a part of the Community quota                 a second share equal to 15% of its initial 'share,
remaining unused in one Member State when it could           rounded up to the next unit where appropriate, to
be used in others ;                                          the extent that the amount in the reserve allows .
Whereas, since the Kingdom of Belgium, the King­             2. If, after its initial share has been exhausted, 90%
dom of the Netherlands and the Grand Duchy of                or more of the second share drawn by a Member
Luxembourg are united in and represented by the              State has been used, that Member State shall, in
Benelux Economic Union, any measure concerning               accordance     with    the  conditions   laid   down   in
 ---pagebreak--- No L 317/54                         Official Journal of the European Communities                                8 . 12 . 75
paragraph 1 , proceed to draw a third share equal              the extent to which the reserve has been used as
to 7-5% of its initial share, rounded up to the next           soon as it receives the notifications .
unit where appropriate, to the extent that the amount
in the reserve allows .                                        The Commission shall, not later than 5 October 1976,
                                                               notify Member States of the amount in the reserve
3 . If, after its second share has been exhausted,             after the return of shares pursuant to Article 5 .
90% or more of the third share drawn by a Member               The Commission shall ensure that any drawing
State has been used, that Member State shall proceed,          which uses up the reserve is limited to the balance
in the same way to draw a fourth share equal to                available and for this purpose shall specify the
the third .
                                                               amount thereof to the Member State which makes
This process shall be applied until the reserve is             the last drawing.
exhausted.
                                                                                       Article 7
4. Notwithstanding the provisions of paragraphs 1 ,
2 and 3 , a Member State may proceed to draw                   1 . The Member States shall take all appropriate
shares smaller than those fixed in those paragraphs,           measures to ensure that, when additional shares are
if there is reason to believe that they might not be           drawn pursuant to Article 3 , it is possible for charges
used up . They shall inform the Commission of the              to be made without interruption against their
reasons which led them to apply this paragraph.                 accumulated shares of the Community quota .
                                                               2. The Member States shall ensure that importers
                         Article 4                             of the product concerned established in their
                                                               territory have free access to the shares allocated to
 Each of the additional shares drawn pursuant to                them .
 Article 3 shall be valid until 31 December 1976 .
                                                               3 . The Member States shall charge imports of the
                                                               said goods against their share as and when the
                         Article 5                             goods are entered for home use.
The Member States shall return to the reserve, not             4 . The extent to which a Member State has used
later than 1 October 1976, the unused portion of                up its share shall be determined on the basis of the
their initial share which, on 15 September 1976, is             imports charged in accordance with paragraph 3 .
 in excess of 20% of their initial amount. They may
 return a greater portion if there are grounds for                                     Article 8
 believing that such portion may not be used in full .
                                                                On receipt of a request from the Commission,
 The Member States shall, not later than 1 October             Member States shall inform it of imports actually
 1976, notify the Commission of the total imports of            charged against their shares.
the product concerned effected up to and including
 15 September 1976, and charged against the Com­                                       Article 9
 munity quota and, where appropriate, the proportion
 of their initial share that is being returned to the          The Member States        and    the     Commission    shall
 reserve .                                                     cooperate closely in order to ensure that this
                                                                Regulation is observed.
                         Article 6
                                                                                       Article 10
The Commission shall keep account of the shares
 opened by Member States in accordance with                     This Regulation       shall   enter     into  force      on
 Articles 2 and 3 and shall inform each of them of              1 January 1976.
               This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 24 November 1975 .
                                                                                        For the Council
                                                                                         The President
                                                                                          B. VISENTINI