31974R2919

No L 315 / 18 Official Journal of the European Communities 26 . 11.74

REGULATION (EEC) No 2919/74 OF THE COUNCIL of 18 November 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 , 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 Having regard to the Treaty establishing the States ; European Economic Community , and in particular Article 113 thereof ; Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted Having regard to the proposal from the Commission ; access to the abovementioned quota and uninterrupted application of the rate laid down for that quota to all imports of the product concerned Whereas the Agreement between the European into all Member States until the quota has been Economic Community and Malta , signed at Valetta used up ; whereas, having regard to the principles on 5 December 1970 , provides in Article 3 ( 1 ), mentioned above, the Community nature of the together with Article 2 of Annex I , for the opening quota can be respected by allocating the Community by the Community of an annual Community tariff tariff quota among the Member States ; whereas , in quota of 100 metric tons of outer garments and order to reflect more accurately the actual develop­ other articles , knitted or crocheted , not elastic or ment of the market in the product concerned, such rubberized, falling within heading No 60.05 of the allocation should be in proportion to the needs of Common Customs Tariff, originating in Malta ; the Member States, assessed by reference to both the whereas, pursuant to Article 1 of the said Annex, statistics of each State's imports of the said goods the quota duty is equal to 30% of the Common from Malta over a representative period and the Customs Tariff duty in respect of the product economic outlook for the quota period concerned ; concerned ; whereas , with a view to granting Malta a treatment not less favourable than that enjoyed by countries eligible for the generalized system of Whereas, during the last three years for which preferences, the abovementioned volume should be statistics are available, the corresponding imports by increased by 50% and the duties totally suspended ; each of the Member States represent the following whereas, as regards the allocation of this tariff quota, percentages of the imports into the Community from the quota volume laid down in the Agreement should Malta of the products concerned :

1971 1972 1973

12-5 M 4 -3 0-8 — — Germany Benelux — — — — — — France 75-0 6-6 93-6 17-1 94-6 52-0 Italy 12-5 M 2-1 0-4 5-4 2-9

Denmark — — 0-6 Ireland 1-1 0-1 2-9 United Kingdom 90-1 81-6 41-0

26 . 11 . 74 Official Journal of the European Communities No 1,315 / 19

Whereas both these percentages and the estimates Benelux Economic Union, all transactions concerning from certain Member States as well as the practical the administration of shares granted to the need to ensure that the obligations contracted under abovementioned Economic Union may be carried out the Agreement concerned are allocated fairly among by any one of its members , all the Member States ; whereas initial quota shares may consequently be fixed approximately as follows : HAS ADOPTED THIS REGULATION :

Benelux 8-3 Article 1 Denmark 4-2 France 41-2 1 . From 1 January to 31 December 1975 , a Com­ Germany 12-5 munity tariff quota of 150 metric tons shall be Ireland 4-2 opened in the Community for outer garments and other articles , knitted or crocheted, not elastic or Italy 12-5 rubberized, falling within heading No 60.05 of the United Kingdom 16-6 Common Customs Tariff, originating in Malta .

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 Common Customs Tariff duties shall be States, the quota amount should be divided into totally suspended . two 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 Article 2 degree of security to importers in each Member State, the first tranche of the Community quota should be determined at a level which, under present 1 . A first tranche of 120 metric tons of the Com­ circumstances, may be 80% of the quota amount ; munity tariff quota referred to in Article 1 shall be shared among the Member States ; the proportions which , subject to Article 5 , shall be valid until Whereas the initial shares of the Member States may 31 December 1975 shall consist of the following be used up at different times ; whereas , in order to amounts : take this fact into account and avoid' any break in continuity, it is important that any Member State Benelifx 10 metric tons having used up almost the whole of its initial share Denmark 5 metric tons should draw an additional share from the reserve ; whereas this must be done by each Member State France 50 metric tons as and when each of its additional shares is almost Germany 15 metric tons entirely used up and repeated as many times as the Ireland 5 metric tons reserve allows ; whereas the initial and additional shares must be available for use until the end of 15 metric tons Italy the quota period ; whereas this method of United Kingdom 20 metric tons administration calls for close cooperation between Member States and the Commission , which must, 2 . The second tranche of 30 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 considerable balance remains in one or other 1 . If 90% or more of the initial share of a Member Member State it is essential that that Member State State, as laid down in Article 2, or 90% of that pays a large amount of it back into the reserve to share less the amount returned into the reserve , prevent a part of the Community quota from where the provisions of Article 5 have been applied , remaining unused in one Member State when it has been exhausted, that Member State shall could be used in others ; procced without delay , by notifying the Com­ mission , to draw a second share equal to 15% of Whereas , since the Kingdom of Belgium , the King­ its initial share , rounded up to the next unit where dom of the Netherlands and the Grand Duchy of appropriate, to the extent that the amount in the Luxembourg are united in and represented by the reserve allows .

No L 315/20 Official Journal of the European Communities 26 . 11 . 74

2. If, after its initial share has been exhausted, 90% Articles 2 and 3 and shall inform each of them of or more of the second share drawn by a Member the extent to which the reserve has been used as soon State has been used, that Member State shall, in as it receives the notifications . accordance with the conditions laid down in The Commission shall , not later than paragraph 1 , proceed to draw a third share equal 15 October 1975 , notify Member States of the to 7-5% of its initial share, rounded up to the next amount in the reserve after the return of shares unit where appropriate, to the extent that the amount pursuant to Article 5 . in the reserve allows . The Commission shall ensure that any drawing 3 . If, after its second share has been exhausted, which uses up the reserve is limited to the balance 90% or more of the third share drawn by a Member available and, for this purpose, shall specify the State has been used, that Member State shall proceed, amount thereof to the Member State which makes in the same way, to draw a fourth share equal to the final drawing. the third . This process shall be applied until the reserve is Article 7 exhausted. 1 . The Member States shall take all appropriate 4 . Notwithstanding the provisions of paragraphs 1 , measures to ensure that, when additional shares are 2 and 3 , the Member States may proceed to draw drawn pursuant to Article 3 , it is possible for shares smaller than those fixed in those paragraphs charges to be made without interruption against their if there is reason to believe that they might not be accumulated shares of the Community quota . used up. They shall inform the Commission of the reasons which led them to apply this paragraph. 2. The Member States shall ensure that importers of the product concerned established in their Article 4 territory have free access to the shares allocated to them . Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1975 . 3 . The Member States shall charge imports of the said goods against their share as and when the goods are entered for home use. Article 5 4 . The extent to which a Member State has used If, by 15 September 1975 , a Member State has not up its share shall be determined on the basis of the used up its initial share , it shall , not later than imports charged in accordance with paragraph 3 . 10 October 1975 , return to the reserve the unused portion of this share in excess of 20% of the initial Article 8 amount. It may return a larger quantity if there is reason to believe that such quantity might not be Member States shall inform the Commission at used. regular intervals of imports actually charged against The Member States shall , not later than their shares . 10 October 1975 , notify the Commission of the total imports of the product concerned effected up to Article 9 15 September 1975 inclusive and charged against the The Member States and the Commission shall Community quota and , where appropriate, the cooperate closely in order to ensure that this proportion of their initial share that is being returned to the reserve . Regulation is observed.

Article 6 Article 10 The Commission shall keep account of the shares This Regulation shall enter into force on opened by Member States in accordance with 1 January 1975 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 18 November 1974.

For the Council

The President Ch . BONNET