31974R2920

26 . 11.74 Official Journal of the European Communities No L 315 / 21

REGULATION (EEC ) No 2920/74 OF THE COUNCIL of 18 November 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 , the increase should be allocated to all Member States ; Having regard to the Treaty establishing the Euro­ pean 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 uninter­ rupted application of the rate laid down for that Whereas the Agreement between the European quota to all imports of the product concerned into Economic Community and Malta, signed at Valetta all Member States until the quota has been used up ; on 5 December 1970 , provides in Article 3 ( 1 ), whereas, having regard to the principles mentioned together with Article 2 of Annex I , for the opening above, the Community nature of the quota may be by the Community of an annual Community tariff respected by allocating the Community tariff quota quota of 300 metric tons of men's and boys ' outer among the Member States ; whereas, in order to garments falling within heading No 61.01 of the reflect more accurately the actual development of the Common Customs Tariff, originating in Malta ; market in the product concerned , such allocation whereas, pursuant to Article 1 of the said Annex, should be in proportion to the needs of the Member the quota duty is equal to 30% of the Common States, assessed by reference to both the statistics of Customs Tariff duty in respect of the product each State's imports of the said goods from Malta concerned ; whereas, with a view to granting Malta over a representative period and the economic a treatment not less favourable than that enjoyed by outlook for the quota period concerned ; countries eligible for the generalized system of preferences, the abovementioned volume should be increased by 50% and the duties totally suspended ; Whereas, during the last three years for which whereas, as regards the allocation of this tariff quota, statistics are available, the corresponding imports by the quota volume laid down in the Agreement should each of the Member States represent the following be confined to the original Member States and the percentages of the imports into the Community from additional volume of 150 metric tons resulting from Malta of the products concerned :

1971 1972 1973

Germany 42-7 24-8 55-5 43-4 31-0 19-4 Benelux 44-6 26-0 27-3 21-4 35-1 22-0 France 7-1 4-2 11-7 9-2 11-9 7· 4 Italy 5-6 3-2 5-5 4-2 22-0 13-7

Denmark 11-7 7-6 29-0 Ireland 0-3 0-2 0-2 United Kingdom 29-8 14-0 8-3

No L 315 / 22 Official Journal of the European Communities 26 . 11.74

Whereas in view of these factors of the foreseeable administration of shares granted to the above development during 1975 of the market for the mentioned Economic Union may be carried out by products in question and in particular of the any one of its members, estimates submitted by certain Member States, initial quota shares may consequently be fixed approximately as follows : HAS ADOPTED THIS REGULATION :

Benelux 12-8 Article 1 Denmark 13-9 1 . From 1 January to 31 December 1975 , a Com­ Germany 47-6 munity tariff quota of 450 metric tons shall be France 9-5 opened in the Community for men's and boys' outer Ireland 0-3 garments from Malta falling within heading No 61.01 3-2 of the Common Customs Tariff. Italy United Kingdom 12-7 2. Within the limits of this tariff quota the Community Common Customs Tariff duties shall be totally suspended. Whereas , in order to take into account import trends for the products concerned in the different Member This suspension shall be fully applied in the new States, the quota amount should be divided into two Member States . tranches, the first tranche being allocated among the Member States and the second forming a reserve Article 2 intended ultimately to cover the requirements of the Member States which have used up their initial quota 1 . A first tranche amounting to 315 metric tons of shares ; whereas, in order to ensure a certain degree the Community tariff quota referred to in Article 1 of security to importers in each Member State, the shall be shared among the Member States ; the first tranche of the Community quota should be proportions which, subject to Article 5 , shall be valid determined at a level which, under present until 31 December 1975 shall consist of the following circumstances , may be 65% of the quota amount ; amounts :

Benelux 40 metric tons Whereas the initial shares of the Member States may Denmark 55 metric tons be used up at different times ; whereas, in order to France 30 metric tons take this fact into account and avoid any break in Germany 150 metric tons continuity, it is important that any Member State Ireland 1 metric ton having used up almost the whole of its initial share should draw an additional share from the reserve ; Italy 10 metric tons whereas, this must be done by each Member State as United Kingdom 29 metric tons and when each of its additional shares is almost entirely used up, and repeated as many times as the 2 . The second tranche of 135 metric tons shall reserve allows ; whereas the initial and additional constitute the reserve . quota shares must be available for use until the end of the quota period ; whereas this method of adminis­ Article 3 tration calls for close cooperation between Member States and the Commission, which must, in 1 . If 90% or more of the initial share of a Member particular, be able to observe the extent to which the State, as laid down in Article 2 ( 1 ), or 90% of that quota amount is used and inform Member States share less the amount returned into the reserve, thereof ; where the provisions of Article 5 have been applied , has been exhausted, that Member State shall proceed without delay, by notifying the Commission, to draw Whereas if, at a specified date in the quota period, a considerable balance remains in one or other a second share equal to 15% of its initial share, Member State it is essential that that Member State rounded up to the next unit where appropriate, to the extent that the amount in the reserve allows . pays a large amount of it back into the reserve to prevent a part of the Community quota from remain­ 2 . If, after its initial share has been exhausted, 90% ing unused in one Member State when it could be or more of the second share drawn by a Member used in others ; State has been used, that Member State shall , in accordance with the conditions laid down in para­ Whereas, since the Kingdom of Belgium, the Kingdom graph 1 , proceed to draw a third share equal to 7-5% of the Netherlands and the Grand Duchy of Luxem­ of its initial share, rounded up to the next unit where bourg are united in and represented by the Benelux appropriate, to the extent that the amount in the Economic Union , all transactions concerning the reserve allows .

26 . 11.74 Official Journal of the European Communities No L 315 / 23

3 . If, after its second share has been exhausted, 90% The Commission shall , not later than 15 October or more of the third share drawn by a Member State 1975 , notify Member States of the amount in the has been used, that Member State shall proceed, in reserve after the return of shares pursuant to the same way , to draw a fourth share equal to the Article 5 . third . The Commission shall ensure that any drawing This process shall be applied until the reserve is which uses up the reserve is limited to the balance exhausted . available and, for this purpose, shall specify the amount thereof to the Member State which makes 4. Notwithstanding the provisions of paragraphs 1 , the final drawing. 2 and 3 , the Member State may proceed to draw shares smaller than those fixed in those paragraphs, Article 7 if there is reason to believe that they might not be used up . They shall inform the Commission of the 1 . The Member States shall take all appropriate reasons which led them to apply this paragraph . measures to ensure that, when additional shares are drawn pursuant to Article 3 , it is possible for charges Article 4 to be made without interruption against their accumulated shares of the Community quota . Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1975 . 2. The Member States shall ensure that importers of the product concerned established in their territory have free access to the shares allocated to them . Article 5 3 . The Member States shall charge imports of the If, by 15 September 1975 , a Member State has not said goods against their share as and when the goods used up its initial share, it shall , not later than are entered for home use . 10 Ocotber 1975 , return to the reserve the unused portion of this share in excess of 20% of the initial 4 . The extent to which a Member State has used up amount . It may return a larger quantity if there is its share shall be determined on the basis of the reason to believe that such quantity might not be imports charged in accordance with paragraph 3 . used . Article 8 The Member States shall , not later than 10 October 1975 , notify the Commission of the total imports of Member States shall inform the Commission at the product concerned effected up to 15 September regular intervals of imports actually charged against their shares . 1975 inclusive and charged against the Community quota and, where appropriate, the proportion of their initial share that is being returned to the reserve . Article 9 The Member States and the Commission shall Article 6 cooperate closely in order to ensure that this Regu­ lation is observed . The Commission shall keep account of the shares opened by Member States in accordance with Articles Article 10 2 and 3 and shall inform each of them of the extent to which the reserve has been used as soon as it This Regulation shall enter into force on 1 January receives the notifications . 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