31974R0365

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 Community tariff quota among the Member States ; with Article 2 of Annex I for the opening by the Com­ 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

— — 12 -5 M 4-2 0-8 Italy

Denmark Ireland 1-1

United Kingdom 91-9 90-1 81-3

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, originating in Malta. Whereas , in order to take into account import trends 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 Article 2 first tranche of the Community quota should be 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 United Kingdom 14 metric tons between Member States and the Commission, which 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 constitute the reserve. States thereof ;

Article 3 Whereas if, at a specified date in the quota period, a 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 .

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 measures to ensure that , when additional shares are 4. Notwithstanding the provisions of paragraphs 1 , 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 2 . The Member States shall ensure that importers of which led them to apply this paragraph. 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 its share shall be determined on the basis of the imports Article 5 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