CELEX: 31976R3043
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3043/76 of 9 December 1976 opening, allocating and providing for the administration of a Community tariff quota for outer garments falling within heading No 60.05 of the Common Customs Tariff, originating in Malta (1977)

20. 12. 76                           Official Journal of the European Communities                         No L 350/57
                                     COUNCIL REGULATION (EEC) No 3043/76
                                                  of 9 December 1976
              opening, allocating and providing for the administration of a Community tariff quota
              for outer garments falling within heading No 60.05 of the Common Customs Tariff,
                                               originating in Malta (1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        visions of the said Protocol, separate arrangements
                                                                should be made for Member States of the Com­
                                                                munity as originally constituted on the one hand, and
                                                                for the new Member States on the other;
Having regard to the Treaty establishing the Euro­
pean Economic Community, and in particular Article
113 thereof,                                                    Whereas, since 1 January 1974, Malta has been
                                                                granted treatment no less favourable than that en­
                                                                joyed by countries eligible for the generalized tariff
Having regard to the proposal from the Commission,              preferences ; whereas to this end therefore the duty
                                                                rates should be totally suspended and the quota
Whereas the Agreement between the European                      volume increased to 216 metric tons for the year
                                                                1977, of which 122 metric tons should be allocated
Economic Community and Malta (*), signed on
                                                                to the Member States of the Community as orig­
5 December 1970, and the Protocol laying down
                                                                inally constituted and 94 metric tons to the new
certain provisions concerning that Agreement as a
result of the accession of new Member States to the
                                                                Member States ;
European Economic Community (2), provide for the
opening by the Community of an annual Community                 Whereas it is in particular necessary to ensure for all
tariff quota of 190 metric tons, of outer garments and          Community importers equal and uninterrupted
other articles, knitted or crocheted, not elastic or            access to the abovementioned quota and uninter­
rubberized, falling within heading No 60.05 of the              rupted application of the rate laid down for that
Common Customs Tariff, originating in Malta;                    quota to all imports of the products concerned into
whereas, pursuant to the joint declaration annexed to           all Member States until the quota has been used up ;
this Protocol, the tariff quota should be allocated             whereas, having regard to the principles mentioned
among the Member States as follows : 100 metric                 above, the Community nature of the quota can be
tons for the Community as originally constituted and            respected by allocating the Community tariff quota
90 metric tons for the new Member States; whereas               among the Member States ; whereas, in order to
the first stage of the Agreement ends on 30 June                reflect more accurately the actual development of the
1977 and, pursuant to Annex I to the Agreement                  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                     States, assessed by reference to both the statistics of
intends to maintain its trading relations with Malta ;          each State's ipiports of the said goods from Malta
whereas the provisions governing the second stage               over a representative period and the economic out­
should not be less favourable than those laid down              look for the quota period concerned;
for the 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 1977 ;           Whereas, during the last three years for which stat­
whereas, pursuant to Annex I to the said Agreement,             istics are available, the corresponding imports by
the quota duty is equal to 30% of the Common                    each of the Member States represent the following
Customs Tariff duty in respect of the product                   percentages of the imports into the Community from
concerned; whereas to comply with the special pro­              Malta of the products concerned :
 {») OJ No L 61, 14. 3. 1971, p. 2.
 (*) OJ No L 111, 28. 4. 1976, p. 3.
 ---pagebreak--- No L 350/58                        Official Journal of the European Communities                             20. 12. 76
                            1973       1974       1975        calls for close cooperation between Member States
                                                              and the Commission, which must, in particular, be
Germany                      —
                                        4         34-4        able to observe the extent to which the quota
                                                              amount is used and inform Member States thereof;
Benelux                      —
                                        7          4-2
France                      94-6       50         54-2
                                                              Whereas if, at a specified date in the quota period,
Italy                        5-4       39          7-2        a considerable balance remains in one or other
                                                              Member State it is essential that that Member State
Denmark                       1-3       3-4        0-6        pays a large amount of it back into the reserve, in
                                                              order to prevent a part of the Community quota
Ireland                      7-8                   0-6
                                                              from remaining unused in one Member State when
                                        —
United Kingdom              90-9       96-6       98-8        it could be used in others ;
                                                              Whereas, since the Kingdom of Belgium, the
Whereas both these percentages and the estimates              Kingdom of the Netherlands and the Grand Duchy
from certain Member States as well as the practical           of Luxembourg are united in and represented by the
need to ensure that the obligations contracted under          Benelux Economic Union, any measure concerning
the Agreement concerned are allocated fairly among            the administration of the quota Shares allocated to
all the Member States ; whereas, initial percentage           that economic union may be carried out by any of its
shares in the quota volume may consequently be                members,
 fixed approximately as follows :
         Germany                               17
         Benelux                               11             HAS ADOPTED THIS REGULATION :
         France                                55
         Italy                                 17
                                                                                       Article 1
         Denmark                               17
         Ireland                               17
                                                               1 . From 1 January until 31 December 1977, a tariff
         United Kingdom                        66              quota of 216 metric tons shall be opened in the
                                                               Community for outer garments and other articles,
                                                               knitted or crocheted, not elastic or rubberized falling
 Whereas, in order to take into account import trends          within heading No 60.05 of the Common Customs
 for the products concerned in the different Member            Tariff, originating in Malta.
 States, the quota amounts should be divided into two
 instalments, the first instalments being allocated
 among the Member States and the second forming                2. Within the limits of this tariff quota the
 reserves intended ultimately to cover the requirements        Community Customs Tariff duties shall be totally
 of the Member States which have used up their                 suspended.
 initial quota shares ; whereas, in order to ensure a
 certain degree of security to importers in each               This suspension shall be fully applied in the new
 Member State, the first instalments of the quotas             Member States.
 should be determined at a level which, under present
 circumstances may be 75% of the quota amounts ;
                                                               3 . An amount of 122 metric tons shall be allocated
                                                               to the Member States of the Community as originally
 Whereas the initial shares of the Member States may           constituted.
 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             4. An amount of 94 metric tons shall be allocated
 having used up almost the whole of its initial share          to the new Member States.
 should draw an additional share from the reserve ;
 whereas, this must be done by eaoh Member State
 as and when each of its additional shares is almost                                   Article 2
 entirely used up, and repeated as many times as the
 reserve allows ; whereas the initial and additional
 shares must be available for use until the end of the          1 . A first instalment, amounting to 90 metric tons
 quota period ; whereas this method of administration          of the amount specified in Article 1 (3 ), shall be
 ---pagebreak---  20. 12. 76                            Official Journal of the European Communities                          No L 350/59
 allocated among the Member States of the Com­                    4. Notwithstanding the provisions of paragraphs 1,
 munity as originally constituted; the shares, which              2 and 3, the Member States may proceed to draw
 subject to Article 5 are valid until 31 December 1977,           shares smaller than those fixed in those paragraphs
 shall be as follows :                                            if there is reason to believe that they might not be
                                                                  used up. They shall inform the Commission of the
         Benelux                     10 metric tons,              reasons which led them to apply this paragraph.
          Germany                    15 metric tons,
          France                     50 metric tons,
         Italy                       15 metric tons.                                      Article 4
 The second instalment of 32 metric tons Shall consti­
 tute the relevant reserve.                                       Each of the additional shares drawn pursuant to
                                                                  Article 3 shall be valid until 31 December 1977.
 2. A first instalment, amounting to 70 metric tons
 of the amount specified in Article 1 (4), shall be                                       Article 5
 al'looated among the new Member States ; the shares,
 which subject to Article 5 are valid until 31 Decem­
 ber 1977, shall be as follows :                                  Member States shall return to the reserve, not later
                                                                  than 1 October 1977, the unused portion of their
         Denmark                     12 metric tons,              initial share which, on 15 September 1977, in excess
          Ireland                    12 metric tons,              of 20% of the initial amount. They may return
          United Kingdom             46 metric tons.              a larger portion if there are grounds for believing
                                                                  that such portion may not be used in full.
 The second instalment of 24            metric tons   shall
 constitute the relevant reserve.                                 Member States shall, not later than 1 October 1977,
                                                                  notify the Commission of the total imports of the
                                                                  product concerned effected up to 15 September 1977
                                                                  inclusive and charged against the Community quota
                           Article 3
                                                                  and, where appropriate, the proportion of their initial
                                                                  share that is being returned to the reserve.
 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                                     Article 6
 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            The Commission shall keep account of the shares
 share equal to 15% of its initial share, rounded up              opened by Member States in accordance with Articles
                                                                  2 and 3 and shall inform each of them of the extent
 to the next unit where appropriate, to the extent
 that the amount in the relevant reserve allows .                 to which the reserves have been used as soon as it
                                                                  receives the notifications.
 2. If, after its initial share has been exhausted, 90%           The Commission shall, not later than 5 October
 or more of the second share drawn by a Member                    1977, notify Member States of the amount in the
 State has been used, that Member State shall, in ac­             reserves after the return of shares pursuant to
 cordance with the conditions laid down in para­                  Article 5 .
 graph 1 , proceed 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                The Commission shall ensure that any drawing
 reserve allows.                                                  which uses up one of the reserves is limited to the
                                                                  balance available and, for this purpose, shall specify
                                                                  the amount thereof to the Member State which
 3 . If, after its second share has been exhausted, 90%           makes the final drawing.
 or more of the third share drawn by a Member State
-has been used, that Member State shall proceed, in
 the same way, to draw a fourth share equal to the
                                                                                          Article 7
 third .
 This process shall be applied until the reserves are             1 . Member States shall take all appropriate measures
 exhausted .                                                      to ensure that, when additional shares are drawn
 ---pagebreak--- No L 350/60                         Official Journal of the European Communities                           20. 12. 76
pursuant to Article 3 , it is possible for charges to be                                 Article 8
made without interruption against their accumulated
shares of the Community quota.                                 On receipt of a request from the Commission,
                                                               Member States shall inform it of imports actually
                                                               charged against their shares.
2. Member States shall ensure that importers of the
product concerned established in their territory have
free access to the shares allocated to them.                                             Article 9
                                                               The Member States and the Commission shall cooper­
3 . Member States shall charge imports of the said             ate closely in order to ensure that this Regulation is
goods against their share as and when the goods                observed.
are entered for home use.
                                                                                        Article 10
4. The extent to which a Member State has used up
its share shall be determined on the basis of the              This Regulation shall enter into force on 1 January
imports charged in accordance with paragraph 3.                1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 9 December 1976.
                                                                                For the Council
                                                                                  The President
                                                                                P. J. J. MERTENS