31973R1251
21.5 . 73 Official Journal of the European Communities No L 133 / 109
REGULATION (EEC) No 1251 /73 OF THE COUNCIL of 14 May 1973 on the opening, allocation and 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 the Republic of Cyprus
THE COUNCIL OF THE EUROPEAN COMMUNITIES , — equal and continuous access to the quota should be ensured for all importers and quota duties should be applied consistently to all imports of Having regard to the Treaty establishing the the goods in question until the quota is used up ; European Economic Community and in particular Article 113 thereof, — in the light of the principles elicited above, the Community nature of the quota may best be Having regard to the proposal from the Commission, preserved by an arrangement allocating it among the Member States ; whereas in order to reflect Whereas the Agreement (*) establishing an most accurately the actual development of the Association between the European Economic market in the said goods, such allocation should Community and the Republic of Cyprus, hereinafter be proportionate to the requirements of the called 'the Agreement', and the Protocol (2 ) laying Member States, calculated both from statistics of down certain provisions concerning that Agreement each State's imports of the said products as a result of the accession of new Member Stales to originating in the Republic of Cyprus over a the European Economic Community, hereinafter representative reference period and from the called 'the Protocol', provide for the opening of an economic outlook for the quota period annual Community tariff quota of 500 metric tons of concerned ; men's and boys' outer garments falling within heading No 61.01 of the Common Customs Tariff, originating in Cyprus ; whereas pursuant to the joint —- however, in view of the fact that during the last declaration on Article 2 of the Protocol the tariff three years no such products originating in quota should be allocated among the Member States Cyprus have been imported and no forecast can as follows : 100 tons for the Community as originally be made for 1973, an initial share percentage of 25 % allocated to each of the Member States constituted and 400 tons for the new Member States ; whereas Article 1 of Annex I to the Agreement concerned would ensure a fair distribution among provides that the duties applicable to the quota shall them ; be equal to 30 % of the Common Customs Tariff duties ; whereas, as regards the duties applicable to goods within the limits of the quota by the new — in order to take into account trends in imports of Member States, the special provisions of the Protocol the said goods in the Member States concerned, and of the Act of Accession (3 ) should be observed ; the quota amount should be divided into two whereas a Community tariff quota of 500 metric tons parts, the first part being allocated among those should be opened in respect of the abovementioned Member States and the second forming a reserve products ; whereas to comply with the special intended to cover the later requirements of the provisions of the Protocol , separate arrangements Member States which have used up their initial should be made for the Member States of the share of the quota ; in order to ensure a certain Community as originally constituted on the one hand degree of security to importers in each Member and for the new Member States on the other hand ; State, the first part of the quota should be fixed , in this case, at approximately 75 % ;
Whereas as regards in particular the Community as originally constituted : — the initial share of the quota of the Member States concerned may be used up at different rates ; whereas, in order to take this into account and to avoid any break in continuity, a Member (x ) See p. 2 of this Official Journal . State which has almost used up its initial share of ('-) See p. 88 of this Official Journal . the quota should draw an additional share from (a ) OJ No L 73, 27. 3 . 1972, p. 14. the reserve ; whereas this must be done by each
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Member State as each of its additional shares of should be applied consistently to all imports of the quota is almost used up , and repeated as the said goods until the quota is used up . many times as the reserve allows ; whereas the initial and additional quota shares must be valid until the end of the quota period ; whereas this method of administration calls for close HAS ADOPTED THIS REGULATION : cooperation between Member States and the Commission, which must, in particular, be able to observe the extent to which the quota amount is Article 1 used and inform Member States thereof ;
A Community tariff quota of 500 metric tons is — if, at a specified date in the quota period, a opened within the Community for the period 1 considerable quantity of the initial quota share is June to 31 December 1973 in respect of men's and left over in a Member State , that Member State boys' outer garments falling within heading No 61.01 must transfer a significant proportion of it back of the Common Customs Tariff, originating in Cyprus . into the reserve to prevent part of the quota This quota shall be allocated and administered in allocated to the Community as originally accordance with the provisions set out below . constituted from remaining unused in one Member State when it could be used in others ; Provisions applicable to the Community as originally constituted — since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and jointly represented Article 2 by the Benelux Economic Union, any measure concerning the administration of shares granted The Common Customs Tariff duty is partially to that Economic Union may be carried out by suspended at the rate of 5-1 % in respect of 100 metric any one of its members ; tons of the quota referred to in Article 1 .
Whereas, as regards in particular the new Member Article 3 States :
1 . A first part amounting to 72 metric tons of the — pursuant to the Protocol a gross amount of 400 amount specified in Article 2 is allocated among the metric tons is allocated to the new Member Member States ; the shares which, subject to Article 6, States ; whereas the same general criteria for are valid until 31 December 1973 are as follows : allocation as those used for the Member States of the Community as originally constituted should Benelux 18 metric tons be applied ; whereas, however, the United Kingdom has been the sole importer of such goods from Germany 18 metric tons Cyprus to the tune of 78 700 u.a . in 1970 and 211 700 u.a . in 1971 ; whereas in view of these France 18 metric tons factors and the need to ensure a fair allocation Italy 18 metric tons . among those Member States of the 400 metric tons in question, the percentage shares of that 2 . The second part, amounting to 28 metric tons, quantity can be established as follows : constitutes the reserve . — Denmark : 15
— Ireland : 15 Article 4
— United Kingdom : 70 ; 1 . If 90 % or more of the initial share of a Member State laid down in Article 3 ( 1 ), or 90 % of that share less the amount returned into the reserve — the quota duties are to be calculated by the new Member States in accordance with Articles 3 , 4, 5 , where the provisions of Article 6 have been applied , 6 and 7 of the Protocol ; 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 , — equal and continuous access to the quota should rounded up to the next unit where appropriate, to be ensured for all importers and quota duties the extent that the reserve is sufficient .
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2 . If, after its initial share has been exhausted , in reserve after the return of shares pursuant to 90 % or more of the second share drawn by a Article 6 . Member State has been used, that Member State shall proceed without delay, by notifying the Commission , The Commission shall ensure that any drawing to draw a third share, equal to 7-5 % of its initial which uses up the reserve is limited to the balance share, rounded up to the next unit where available and for this purpose shall specify the amount thereof to the Member State which makes appropriate, to the extent that the reserve is sufficient. the last drawing.
Article 8 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, The Member States shall take all appropriate pursuant to the provisions of paragraph 2, to draw a measures to ensure that when additional shares are fourth share equal to the third. This process shall be drawn pursuant to Article 4 it is possible for changes applied until the reserve is exhausted. to be made without interruption against their accumulated shares of the Community quota. 4 . Notwithstanding paragraphs 1 , 2 and 3 , a Member State may proceed to draw shares smaller Article 9 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 1 . The Member States guarantee to importers of which led them to apply this paragraph . the said goods established in their territory free access to the share allocated to them .
2 . The Member States shall charge imports of the Article 5 said goods against their share accordingly as the goods are presented for customs clearance under The additional shares drawn pursuant to Article 4 cover of declarations that they have been made shall be valid until 31 December 1973 . available for consumption.
3 . The extent to which the Member States ' shares Article 6 have been used up shall be recorded on the basis of the imports charged in the conditions laid down in If, by 15 September 1973 , a Member State has not paragraph 2 . used up its initial share, it shall, not later than 10 October 1973 , return to the reserve the unused Article 10 portion of this share in excess of 20 % of the initial amount. It may return a larger quantity if there are Member States shall inform the Commission at reasons to consider that such quantity might not be regular intervals of imports of the said products used . originating in the Republic of Cyprus actually charged against their quota-shares . The Member States shall, not later than 10 October 1973 , notify the Commission of the total imports of the said goods effected up to and including 15 Article 11 September 1973 and charged against the Community quota and, where appropriate, the proportion of their The Member States and the Commission shall initial share that is being returned to the reserve. cooperate closely in order to ensure that the provisions of this Regulation are observed .
Article7¶
The Commission shall keep an account of the quota-shares opened by the Member States in Article 12 accordance with Articles 3 and 4 and shall inform each state of the extent to which the reserve has been The new Member States shall apply duties applicable used up as soon as it receives the notifications . to goods within the limits of the quota which conform with the relevant provisions of the The Commission shall, not later than 15 October Agreement of the Protocol and of the Act of 1973 , notify the Member States of the amount still Accession .
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Article13¶
A total amount of 400 metric tons of the quota Articles 9, 10 and 11 shall apply to the new Member referred to in Article 1 is allocated among the new States . Member States as follows : Article 15 Denmark 60 metric tons Ireland 60 metric tons This Regulation shall enter into force on the third day following its publication in the Official Journal United Kingdom 280 metric tons . of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 14 May 1973 .
For the Council
The President
R. VAN ELSLANDE