31974R0366

No L 48/68 Official Journal of the European Communities 20 . 2 . 74

REGULATION (EEC) No 366/74 OF THE COUNCIL of 4 February 1974

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES , ment should be confined to the original Member States and the additional volume of 150 metric tons resulting from the increase should be allocated to all Member Having regard to the Treaty establishing the European States ; 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 Having regard to the proposal from the Commission ; application of the rate laid down for that quota to all imports of the product concerned into all Member States until the quota has been used up ; whereas , Whereas the Agreement between the European Econo­ having regard to the principles mentioned above, the mic Community and Malta , signed at Valetta on Community nature of the quota may be respected 5 December 1970, provides in Article 3 ( 1 ) together by allocating the Community tariff quota among the with Article 2 of Annex I for the opening by the Com­ Member States ; whereas , in order to reflect more munity of an annual Community tariff quota of 300 accurately the actual development of the market in metric tons of men's and boys ' outer garments falling the product concerned, such allocation should be in within heading No 61.01 of the Common Customs proportion to the needs of the Member States , Tariff, originating in Malta ; whereas , pursuant to assessed by reference to both the statistics of each Article 1 of the said Annex, the quota duty is equal State's imports of the said goods from Malta over a to 30 % of the Common Customs Tariff duty in respect representative period and the economic outlook for of the product concerned ; whereas , with a view to the quota period concerned ; granting Malta a treatment not less favourable than that enjoyed by countries eligible for the Generalized Whereas , during the past three years for which System of Preferences , the abovementioned volume statistics are available, the corresponding imports by should be increased by 50% and the duties totally each of the Member States represent the following suspended ; whereas , as regards the allocation of this percentages of the imports into the Community from tariff quota, the quota volume laid down in the Agree­ Malta of the products concerned :

1970 1971 1972

Germany 56-8 25-6 42-7 24-8 55-5 43-4 Benelux 23-7 10-7 44-6 26-0 27-3 21-4

France 6-6 2-9 7-1 4-2 11-7 9-2 Italy 12-9 5-8 5-6 3-2 5-5 4-2

Denmark 6-9 11-7 7-6 Ireland 0-4 0-3 0-2

United Kingdom 47-7 29-8 14-0

20 . 2 . 74 Official Journal of the European Communities No L 48 / 69

Whereas both these percentages and the estimates administration of shares granted to the abovemen­ from certain Member States should be taken into tioned Economic Union may be carried out by any of account for the purposes of allocating the two above­ its members , mentioned quota amounts ; whereas, initial quota shares may consequently be fixed approximately as follows : HAS ADOPTED THIS REGULATION : Benelux 22-0 Denmark 3-1 Article 1 Germany 48-3 France 9-3 1 . Until 31 December 1974, a Community tariff Ireland 0-4 quota of 450 metric tons shall be opened in the 6-6 Community for men's and boys ' outer garments Italy falling within heading No 61.01 of the Common United Kingdom 10-0 Customs Tariff .

Whereas, in order to take into account import trends 2 . Within the limits of this tariff quota the Com­ for the products concerned in the different Member munity Customs Tariff duties shall be totally sus­ States, the quota amount should be divided into two pended . tranches, the first tranche being allocated among the Member States, and the second forming a reserve This suspension shall be fully applied in the new intended ultimately to cover the requirements of the Member States . Member States which have used up their initial quota shares ; whereas , in order to ensure a certain degree of security to importers in each Member State, Article 2 the first tranche of the Community quota should be determined at a level which, under present circum­ 1 . A first tranche amounting to 290 metric tons of stances , may be 65% of the quota amount ; 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 until 31 December 1974 shall consist of the be used up at different times ; whereas , in order to take this fact into account and avoid any break in following amounts : continuity, it is important that any Member State having used up almost the whole of its initial share Benelux 64 metric tons should draw an additional share from the reserve ; Denmark 9 metric tons whereas , this must be done by each Member State France 27 metric tons as and when each of its additional shares is almost Germany 141 metric tons entirely used up , and repeated as many time as the Ireland 1 metric ton reserve allows ; whereas the initial and additional quota shares must be available for use until the end Italy 19 metric tons of the quota period ; whereas this method of ad­ United Kingdom 29 metric tons ministration calls for close cooperation between Member States and the Commission , which must, 2 . The second tranche of 160 metric tons shall in particular, be able to observe the extent to which constitute the reserve . the quota amount is used and inform Member States thereof ; Article 3 Whereas if, at a specified date in the quota period, a 1 . If 90% or more of the initial share of a Member considerable balance remains in one or other Member State, as laid down in Article 2, or 90% of that share State it is essential that that Member State pays a less the amount returned into the reserve, where the large amount of it back into the reserve, in order to provisions of Article 5 have been applied, has been avoid a part of the Community quota remaining unused in one Member State when it could be used exhausted, that Member State shall proceed without delay, by notifying the Commission, to draw a second in others ; 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 bourg are united in and represented by the Benelux 2 . If, after its initial share has been exhausted , Economic Union, all transactions concerning the 90% or more of the second share drawn by a Member

No L 48/70 Official Journal of the European Communities 20 . 2 . 74

State has been used, that Member State shall, in The Commission shall, not later than 15 October accordance with the conditions laid down in para­ 1974, notify Member States of the amount in the graph 1 , proceed to draw a third share equal to reserve after the return of shares pursuant to Article 5. 7'5% of its initial share, rounded up to the next unit The Commission shall ensure that any drawing which where appropriate, to the extent that the amount in the reserve allows . uses up the reserve is limited to the balance available and, for this purpose, shall specify the amount thereof 3 . If, after its second share has been exhausted, to the Member State which makes the final drawing. 90% or more of the third share drawn by a Member State has been used, that Member State shall proceed, Article 7 in the same way to draw a fourth share equal to the third. 1 . The Member States shall take all appropriate This process shall be applied until the reserve is measures to ensure that, when additional shares are exhausted. drawn pursuant to Article 3 , it is possible for charges to be made without interruption against their accumu­ 4. Notwithstanding the provisions of paragraphs 1 , lated shares of the Community quota. 2 and 3, the Member States may proceed to draw shares smaller than those fixed in those paragraphs, 2. The Member States shall ensure that importers if there is reason to believe that they might not be of the product concerned established in their territory used up. They shall inform the Commission of the have free access to the shares allocated to them . reasons which led them to apply this paragraph. 3 . The Member States shall charge imports of the Article 4 said goods against their share as and when the goods are entered for home use. Each of the additional shares drawn pursuant to 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 Article 5 imports charged in accordance with paragraph 3 .

If, by 15 September 1974, a Member State has not Article 8 used up its initial share, it shall, not later than 10 October 1974, return to the reserve the unused Member States shall inform the Commission at portion of this share in excess of 20% of the initial regular intervals of imports actually charged against amount. It may return a larger quantity if there is their shares . reason to believe 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 the product concerned effected up to 15 September 1974 inclusive, and charged against the Community cooperate closely in order to ensure that this Regu­ lation is observed. quota and, where appropriate, the proportion of their initial share that is being returned to the reserve. Article 10

Article 6 The tariff quota laid down in this Regulation shall The Commission shall keep account of the shares be opened for 1974. opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent This Regulation shall enter into force on the third to which the reserve has been used as soon as it day following its publication in the Official Journal receives the notifications . of the 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