31974R0368

20. 2 . 74 Olfiaiall Journal of the European Communities No L 48/75

REGULATION (EEC) No 368/74 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 Cyprus

THE COUNCIL OF THE EUROPEAN COMMUNITIES, — it is necessary to ensure to all importers equal and uninterrupted access to the quota and uninter­ rupted application of the rates laid down for the Having regard to the Treaty, establishing the European quota to all imports of the products concerned Economic Community and in particular Article 113 until the quota has been used up ; thereof ;

Having regard to the proposal from the Commission ; in the light of the principles elicited above, the Community nature of the quota may be best "Whereas the Agreement (x) establishing an Associ­ preserved by an arrangement allocating it among ation between the European Economic Community the Member States ; whereas in order to reflect and the Republic of Cyprus, hereinafter called 'the more accurately the actual development of the Agreement', and the 'Protocol (2) laying down certain market in the products concerned, such allocation provisions concerning that Agreement as a result of should be in proportion to the needs of the Mem­ the Accession of new Member States to the European ber States, assessed by reference to both statistics Economic Community, hereinafter called 'the Proto­ of each State's imports of the said products col', provide for the opening of an annual Community originating in Cyprus over a representative tariff quota of 500 metric tons of men's and boys' outer reference period and the economic outlook for garments falling within heading No 61.01 of the the quota period concerned ; Common Customs Tariff, originating in Cyprus ; whereas pursuant to the joint declaration on Article 2 of the Protocol the tariff quota should be allocated among the Member States as follows : 100 metric tons for the Community as originally constituted and 400 metric tons for the new Member States ; however, as during the past three years no such whereas Article 1 of Annex I to the Agreement products originating in Cyprus have been imported provides that the duties applicable to the quota shall and as no forecast can be made for 1974, an be equal to 30% of the Common Customs Tariff initial share percentage of 25% allocated to each of the Member States concerned would ensure a duties ; whereas, as regards the duties applicable to fair distribution among them ; goods within the limits of the quota by the new Member States , the special provisions of the Protocol and of the Act of Accession (3) should be observed ; whereas to comply with the special provisions of the Protocol, separate arrangements should be made for in order to take into account import trends for the Member States of the Community as originally the products concerned in the different Member constituted on the one hand and for the new Member States, the quota amount should be divided into States on the other hand ; two tranches, the first tranche being allocated among the Member States and the second forming a reserve intended ultimately to cover the re­ "Whereas as regards in particular the Community as quirements of those Member States which have originally constituted ; used up their initial share ; in order to ensure a certain degree of security to importers in each Member State, the first tranche of the quota should be determined at a level which, under (x) OJ No L 133 , 21 . 5 . 1973 , p. 1 . (2) OJ No L 133 , 21 . 5 . 1973 , p. 88 present circumstances, may be approximately (3) OJ No L 73 , 27. 3 . 1972, p. 14. 75% ;

No L 48 / 76 Official Journal of the European Communities 20 . 2 . 74

— the initial share of the Member States may be — the quota duties shall be calculated by the new used up more or less quickly ; whereas in order to Member States in accordance with Articles 3 , 4 , take this fact into account and to avoid any break 5 , 6 and 7 of the Protocol ; in continuity, it is important that a Member State having almost used up its initial share should — it is necessary to ensure to all importers equal and draw an additional share from the reserve ; whereas uninterrupted access to the quota and uninter­ this must be done by each Member State as and rupted application of the rates laid down for this when each of its additional shares is almost quota to all imports of the products concerned , entirely used up, and repeated as many times as until the quota has been used up, the reserve allows ; whereas the initial and ad­ ditional shares must be available for use until the end of the quota period ; whereas this method of HAS ADOPTED THIS REGULATION : administration calls for close cooperation between Member States and the Commission which must, in particular, be able to observe the extent to Article 1 which the quota amount is used and inform Member States thereof ; Until 31 December 1974 a tariff quota of 500 metric tons shall be opened within the Community in respect of men's and boys' outer garments falling within heading No 61.01 of the Common Customs Tariff, — if, at a specified date in the quota period, a con­ originating in Cyprus. This quota shall be allocated siderable balance remains in one or other Member and administered in accordance with the provisions set out below . State, it is essential that that Member State pays a large amount of it back into the reserve , in order to avoid a part of one or other of the Community quotas remaining unused in one SECTION I 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 Article 2 the Netherlands and the Grand Duchy of Luxem­ bourg are united in and jointly represented by the Benelux Economic Union , all transactions The Common Customs Tariff duty shall be partially concerning the administration of shares granted suspended at the rate of 5-1% in respect of 100 metric to the abovementioned Economic Union may be tons of the quota referred to in Article 1 . carried out by any of its members ;

Article3¶

1 . A first tranche, amounting to 72 metric tons of Whereas, as regards the new Member States : the amount specified in Article 2, shall be allocated among the Member States ; the shares which, subject to Article 6, are valid until 31 December 1974, shall pursuant to the Protocol a gross amount of be as follows : 400 metric tons is allocated to the new Member States ; whereas the same general criteria for Benelux 18 metric tons allocation as those used for the original Member 18 metric tons Germany States should be applied ; whereas , however, the France 18 metric tons United Kingdom has been the sole importer of Italy 18 metric tons such goods from Cyprus ; whereas in view of these factors and the need to ensure a fair allocation among the Member States, the percentage shares 2. The second tranche of 28 metric tons shall con­ of that quantity may be established as follows : stitute the reserve.

Article 4 Denmark 27 1 . If 90% or more of the initial share of a Member Ireland 3 State laid down in Article 3 ( 1), or 90% of that United Kingdom 70 share less the amount returned into the reserve where

20 . 2 . 74 Official Journal of the European Communities No L 48 / 77

the provisions of Article 6 have been applied, has extent to which the reserve has been used up as soon been exhausted, that Member State shall proceed as it receives the notifications . without delay, by notifying the Commission, to draw a second share, equal to 15% of its initial share, The Commission shall, not later than 15 October rounded up to the next unit where appropriate, to 1974, notify the Member States of the amount in the the extent that the reserve is sufficient. reserve after the return of shares pursuant to Article 6.

2. If, after its initial share has been exhausted, 90% The Commission shall ensure that any drawing or more -of the second share drawn by a Member State which uses up the reserve is limited to the balance has been used, that Member State shall proceed, in available and for this purpose shall specify the accordance with the conditions laid down in para­ amount thereof to the Member State which makes graph 1 , to draw a third share, equal to 7-5% of its the last drawing. initial share, rounded up to the next unit.

3 . If, after its second share has been exhausted , 90% Article 8 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 measures in the same way, to draw a fourth share equal to the to ensure that when additional shares are drawn third . pursuant to Article 4 it is possible for changes to be made without interruption against their accumulated This process shall be applied until the reserve is shares of the Community quota . exhausted.

4. Notwithstanding paragraphs 1 , 2 and 3 , a Member SECTION II State may proceed to draw shares smaller than those fixed in those paragraphs if there is reason to believe that they might not be used up . They shall inform the Provisions applicable to the new Member States Commission of the reasons which led them to apply this paragraph . Article 9

Article 5 Within the limits of the tariff quota referred to in Article 1 , the new Member States shall apply the duties laid down in the relevant provisions of the Each of the additional shares drawn pursuant to Act of Accession, the Agreement and the Protocol . Article 4 shall be valid until 31 December 1974.

Article 10 Article 6 Within the quota , 400 metric tons shall be allocated If, by 15 September 1974, a Member State has not to the new Member States as follows : used up its initial share, it shall, not later than 10 October 1974, return to the reserve the unused portion Denmark 110 metric tons of this share in excess of 20% of the initial amount. Ireland 10 metric tons It may return a larger quantity if there is reason to United Kingdom 280 metric tons believe that such quantity might not be used .

The Member States shall, not later than 10 October 1974, notify the Commission of the total imports of SECTION III the said goods effected up to and including 15 Sep­ tember 1974 and charged against the Community quota and, where appropriate, the proportion of their initial share that is being returned to the reserve. General provisions

Article7¶

The Commission shall keep an account of the shares 1 . The Member States shall ensure that importers of opened by the Member States in accordance with the said goods established in their territory have free Articles 3 and 4 and shall inform each state of the access to the share allocated to them .

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2. The Member States shall charge imports of the Article 13 said goods against their share as and when : he goods are entered for home use. The Member States and the Coimmission shall co­ operate closely in order to ensure that this Regulation is observed . 3 . The extent to which a Member State used up its share shall be determined on the basis of the imports charged in accordance with paragraph 2. Article 14

The tariff quota laid down in this Regulation shall Article 12 be opened for 1974.

Member States shall inform the Commission at This Regulation shall enter into force on the third regular intervals of imports of the said products day following its publication in the Official Journal actually charged against their shares . 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 thte Council

The President

W. SCHEEL