31975R3150

No L 317/42 Official Journal of the European Communities 8 . 12 . 75

REGULATION ( EEC ) No 3150/75 OF THE COUNCIL

of 24 November 1975

opening, allocating and providing for the administration of a Community tariff quota for cotton yarn, falling within heading No 55.05 of the Common Customs Tariff, originating in Malta ( 1976 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES, eligible for the generalized preferences system, the abovementioned volume should be increased to 1 181 metric tons and the duties totally suspended ; whereas, as regards the allocation of this tariff quota, Having regard to the Treaty establishing the Euro­ the quota volume laid down in the Agreement should pean Economic Community, and in particular be confined to the original Member States and the Article 113 thereof ; new Member States shall participate in the supplementary volume ;

Having regard to the proposal from the Commission ; Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted Whereas the Agreement between the European access to the abovementioned quota and uninter­ Economic Community and Malta, signed at Valetta rupted application of the rate laid down for that on 5 December 1970, provides in Article 3 ( 1 ) quota to all imports of the product concerned into together with Article 2 of Annex I for the opening all Member States until the quota has been used up ; by the Community of annual Community tariff whereas , having regard to the principles mentioned quota of 750 metric tons of cotton yarn not put up above, the Community nature of the quota can be for retail sale, falling within heading No 55.05 of respected by allocating the Community tariff quota the Common Customs Tariff, originating in Malta ; among the Member States ; whereas , in order to whereas the first stage of the Agreement ends on reflect more accurately the actual development of the 31 March 1976 and, pursuant to Article 6 of Annex I, market in the product concerned , such allocation the pro rata temporis clause would apply to the should be in proportion to the needs of the Member volume of the quota ; whereas the Community intends States , assessed by reference to both the statistics of to maintain its trading relations with Malta ; whereas each State's imports of the said goods from Malta the provisions governing the second stage should not over a representative period and the economic out­ be less favourable than those laid down for the look for the quota period concerned ; first ; whereas in order not to disrupt trading patterns for the products in question, the Community tariff quota should be opened for the whole of 1976 ; whereas, pursuant to Article 1 of the said Annex the Whereas, during the last three years for which quota duty is equal to 30% of the Common Customs statistics are available, the corresponding imports by Tariff duty in respect of the product concerned ; each of the Member States represent the following whereas , with a view to granting Malta a treatment percentages of the imports into the Community, from not less favourable than that enjoyed by countries Malta , of the products concerned :

1972 1973 1974

Germany 57-3 51-4 45-5 39-8 30-1 24-3 Benelux 28-7 25-7 34-8 30-4 39-7 32-0 France 5-4 4-8 8-0 7-0 23-7 19-1 Italy 8-6 7-8 11-7 10-2 6-5 5-2

Denmark 0-1 0-0 0-1 Ireland 3-2 0-1 0-6 United Kingdom 7-0 12-5 18-7

8 . 12 . 75 Official Journal of the European Communities No L 317/43

Whereas in view of these factors of the foreseeable Economic Union, any measure concerning the development during 1976 of the market for the administration of the quota shares allocated to that products in question and in particular of the estimates economic union may be carried out by any of its submitted by certain Member States , initial quota members , shares may consequently be fixed approximately as follows :

HAS ADOPTED THIS REGULATION : Benelux 23-0 Denmark 0-1 France 6-2 Article 1 Germany 51-0 Ireland 1-1 1 . From 1 January to 31 December 1976 a tariff 9-9 Italy quota of 1 181 metric tons shall be opened in the United Kingdom 8-7 Community for cotton yarn not put up for retail sale, falling within heading No 55.05 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 2 . Within the limits of this tariff quota, the Common States , the quota amount should be divided into two Customs Tariff duties shall be totally suspended. instalments, the first instalment being allocated among the Member States , and the second forming This suspension shall be fully applied in the new a reserve intended ultimately to cover the require­ Member States . ments of the Member States which have used up their initial quota shares ; whereas , in order to ensure a certain degree of security to importers in Article 2 each Member State, the first instalment of the Com­ munity quota should be determined at a level which, 1 . A first instalment, amounting to 805 metric tons under present circumstances , may be approximately of the Community tariff quota referred to in Article 1 , 70% of the quota amount ; shall be shared among the Member States ; the shares , which subject to Article 5 shall be valid until Whereas the initial quota shares of the Member 31 December 1976, shall consist of the following amounts : States may be used up at different times ; whereas, in order to take this fact into account and avoid Benelux 185 metric tons , any break in continuity, it is important that any Denmark 1 metric ton , Member State having used up almost the whole of its initial quota share should draw an additional France 50 metric tons , quota share from the reserve ; whereas , this must be Germany 410 metric tons , done by each Member State as and when each of Ireland 9 metric tons , its additional quota shares is almost entirely used Italy 80 metric tons , up , and repeated as many times as the reserve allows ; United Kingdom 70 metric tons . whereas the initial and additional quota shares must be available for use until the end of the quota period ; whereas this method of administration calls for close 2 . The second instalment of 376 metric tons shall cooperation between Member States , and the Com­ constitute the reserve . mission , which must, in particular, be able to observe the extent to which the quota amount is used Article 3 and inform Member States thereof ;

1 . If 90% or more of the initial share of a Member Whereas if, at a specified date in the quota period, State, as laid down in Article 2 ( 1 ) or 90% of that a considerable balance remains in one or other share less the amount returned into the reserve, where Member State it is essential that that Member State the provisions of Article 5 have been applied, has pays a large amount of it back into the reserve, in been exhausted, that Member State shall proceed order to avoid a part of the Community quota without delay, by notifying the Commission, to draw remaining unused in one Member State when it a second share equal to 15% of its initial share, could be used in others ; 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 2. If, after its initial share has been exhausted, 90% bourg are united in and represented by the Benelux or more of the second share drawn by a Member

No L 317/44 Official Journal of the European Communities 8 . 12 . 75

State has been used, that Member State shall, in The Commission shall, not later than 5 October accordance with the conditions laid down in 1976, notify Member States of the amount in the paragraph 1 , proceed without delay to draw a third reserve after the return of shares pursuant to share equal to 7-5% of its initial share, rounded up Article 5 . to the next unit where appropriate , to the extent that the amount in the reserve allows . The Commission shall ensure that any drawing which uses up the reserve is limited to the balance 3 . If, after its second share has been exhausted , 90% available and for this purpose shall specify the or more of the third share drawn by a Member State amount thereof to the Member State which makes has been used, that Member State shall proceed, in the last drawing. the same way, to draw a fourth share equal to the third. 4 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 , a 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 territory have free access to the shares allocated to Article 4 them . Each of the additional shares drawn pursuant to 3 . The Member States shall charge imports of the Article 3 shall be valid until 31 December 1976 . 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 The Member States shall return to the reserve , not up its share shall be determined on the basis of the later than 1 October 1976, the unused portion of imports charged in accordance with paragraph 3 . their initial share which, on 15 September 1976, is in excess of 20% of their initial amount. They may Article 8 return a greater portion if there are grounds for believing that such quantity may not be used in full . On receipt of a request from the Commission , The Member States shall , not later than 1 October Member States shall inform it of imports actually 1976, notify the Commission of the total imports of charged against their shares . the product concerned effected up to and including 15 September 1976, and charged against the Community quota and, where appropriate, the Article 9 proportion of their initial share that is being returned to the reserve . The Member States and the Commission shall cooperate closely in order to ensure that this Article 6 Regulation is observed .

The Commission shall keep account of the shares opened by Member States in accordance with Article 10 Articles 2 and 3 and shall inform each of them of the extent to which the reserve has been used as This Regulation shall enter into force on 1 January soon as it receives the notifications . 1976 .

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

Done at Brussels , 24 November 1975 . For the Council The President B. VISENTINI