31975R3151

8 . 12 . 75 Official Journal of the European Communities No L 317/45

REGULATION (EEC ) No 3151 /75 OF THE COUNCIL

of 24 November 1975 opening, allocating and providing for the administration of a Community tariff quota for man-made fibres (discontinuous or waste), carded, combed or otherwise prepared for spinning, falling within heading No 56.04 of the Common Customs Tariff, originating in Malta ( 1976 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , less favourable than that enjoyed by countries eligible for the generalized preferences system, the abovementioned volume should be increased to 945 metric tons and the duties totally suspended ; whereas , Having regard to the Treaty establishing the as regards the allocation of this tariff quota, the European Economic Community, and in particular quota volume laid down in the Agreement should be Article 113 thereof; confined to the original Member States and the new Member States should participate in the supplemen­ tary volume ; Having regard to the proposal from the Commission ;

Whereas it is in particular necessary to ensure to all Whereas the Agreement between the European Community importers equal and uninterrupted access Economic Community and Malta, signed at Valetta to the abovementioned quota and uninterrupted on 5 December 1970, provides in Article 3 ( 1 ) together application of the rate laid down for that quota to with Article 2 of Annex I for the opening by the all imports of the product concerned into all Member Community of an annual Community tariff quota of States until the quota has been used up ; whereas, 600 metric tons of man-made fibres ( discontinuous having regard to the principles mentioned above, the or waste), carded, combed, or otherwise prepared Community nature of the quota can be respected by for spinning, falling within heading No 56.04 of the allocating the Community tariff quota among the Common Customs Tariff, originating in Malta ; Member States ; whereas , in order to reflect more whereas the first stage of the Agreement ends on accurately the actual development of the market in 31 March 1976 and, pursuant to Article 6 of Annex I, the product concerned, such allocation should be in the pro rata temporis clause would apply to the proportion to the needs of the Member States, volume of the quota ; whereas the Community assessed by reference to both the statistics of each intends to maintain its trading relations with Malta ; State's imports of the said goods from Malta over whereas the provisions governing the second stage a representative period and the economic outlook should not be less favourable than those laid down for the quota period concerned ; for the 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 , during the last three years for which whereas , pursuant to Article 1 of the said Annex the statistics are available, the corresponding imports by quota duty is equal to 30% of the Common Customs each of the Member States represent the following Tariff duty in respect of the product concerned ; percentages of the imports into the Community from whereas, with a view to granting Malta treatment not Malta of the products concerned :

1972 1973 1974

Germany Benelux — — — — France Italy 100 66-8

Denmark 100 Ireland 15-5 United Kingdom 17-7

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Whereas, both these percentages and the estimates Whereas, since the Kingdom of Belgium, the Kingdom from certain Member States as well as the practical of the Netherlands and the Grand Duchy of need to ensure that the obligations contracted under Luxembourg are united in and represented by the the Agreement concerned are allocated fairly among Benelux Economic Union, any measure concerning all the Member States ; whereas , initial quota shares the administration of the quota shares allocated to may consequently be fixed approximately as follows : that economic union may by carried out by any of its members ,

Benelux 10-4

Denmark 3-5 HAS ADOPTED THIS REGULATION : France 13-9

Germany 10-4 Article 1 Ireland 5-2

43-6 Italy 1 . From 1 January to 31 December 1976 a United Kingdom 13-0 Community tariff quota of 945 metric tons shall be opened in the Community for man-made fibres ( discontinuous or waste), carded, combed or otherwise prepared for spinning, falling within Whereas, in order to take into account import trends heading No 56.04 of the Common Customs Tariff, for the products concerned in the different Member originating in Malta . States, the quota amount should be divided into two instalments, the first instalment being allocated 2 . Within the limits of this tariff quota , the among the Member States, and the second forming Common Customs Tariff duties shall be totally a reserve intended ultimately to cover the require­ ments of the Member States which have used up suspended . their initial shares ; whereas, in order to ensure a certain degree of security to importers in each This suspension shall be fully applied in the new Member State, the first instalment of the Community Member States . quota should be determined at a level which, under present circumstances, may be approximately 60% of the quota amount ; Article 2

1 . A first instalment, amounting to 575 metric tons Whereas the initial shares of the Member States may of the Community tariff quota referred to in Article 1 , be used up at different times ; whereas, in order to shall be shared among the Member States ; the shares , take this fact into account and avoid any break in which subject to Article 5 shall be valid until continuity, it is important that any Member State 31 December 1976, shall consist of the following amounts : having used up almost the whole of its initial share should draw an additional share from the reserve ; whereas , this must be done by each Member State Benelux 60 metric tons , as and when each of its additional shares is almost Denmark 20 metric tons , entirely used up, and repeated as many times as the reserve allows ; whereas the initial and additional France 80 metric tons , shares must be available for use until the end of the Germany 60 metric tons , quota period ; whereas this method of administration Ireland 30 metric tons , calls for close cooperation between Member States and the Commission , which must, in particular, be Italy 250 metric tons , able to observe the extent to which the quota amount United Kingdom 75 metric tons . is used and inform Member States thereof ;

2 . The second instalment of 370 metric tons shall constitute the reserve . Whereas if, at a specified date in the quota period, a considerable balance remains in one or other Member State it is essential that that Member State pays a Article 3 large amount of it back into the reserve, in order to avoid a part of the Community quota remaining unused in one Member State when it could be used 1 . If 90% or more of the initial share of a Member in others ; State, as laid down in Article 2 ( 1 ), or 90% of that

8 . 12 . 75 Official Journal of the European Communities No L 317/47

share less the amount returned into the reserve, where Article 6 the provisions of Article 5 have been applied, has been exhausted, that Member State shall proceed The Commission shall keep account of the shares without delay, by notifying the Commission , to opened by Member States in accordance with draw a second share equal to 15% of its initial share, Articles 2 and 3 and shall inform each of them of rounded up to the next unit where appropriate, to the extent to which the reserve has been used as the extent that the amount in the reserve allows . soon as it receives the notifications .

2. If, after its initial share has been exhausted, 90% The Commission shall , not later than 5 October or more of the second share drawn by a Member 1976, notify Member States of the amount in the State has been used, that Member State shall, in reserve after the return of shares pursuant to accordance with the conditions laid down in Article 5 . paragraph 1 , proceed to draw a third share equal to 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 uses up the reserve is limited to the balance available the reserve allows . and for this purpose shall specify the amount thereof to the Member State which makes the last drawing.

3 . If, after its second share has been exhausted, 90% or more of the third share drawn by a Member Article 7 State has been used, that Member State shall proceed, in the same way to draw a fourth share equal to the third . 1 . The Member States shall take all appropriate measures to ensure that, when additional shares are drawn pursuant to Article 3 , it is possible for charges This process shall be applied until the reserve is to be made without interruption against their exhausted . accumulated shares of the Community quota.

2. The Member States shall ensure that importers 4. Notwithstanding the provisions of paragraphs 1 , of the product concerned established in their 2 and 3 , a Member State may proceed to draw territory have free access to the shares allocated to shares smaller than those fixed in those paragraphs, them . if there is reason to believe that they might not be used up . They shall inform the Commission of the reasons which led them to apply this paragraph. 3 . The Member States shall charge imports of the said goods against their shares as and when the goods are entered for home use.

Article 4 4. The extent to which a Member State has used up its share shall be determined on the basis of Each of the additional shares drawn pursuant to the imports charged in accordance with paragraph 3 . Article 3 shall be valid until 31 December 1976 .

Article8¶

Article 5 On receipt of a request from the Commission, Member States shall inform it of imports actually charged against their shares . The Member States shall return to the reserve, not later than 1 October 1976, the unused portion of their initial share which, on 15 September 1976, is in Article 9 excess of 20% of their initial amount. They may return a larger portion if there are grounds for believing that such portion may not be used in full . The Member States and the Commission shall cooperate closely in order to ensure that this The Member States shall, not later than 1 October Regulation is observed . 1976, notify the Commission of the total imports of the product in question effected up to and including Article 10 15 September 1976, and charged against the Community quota and, where appropriate, the proportion of their initial share that is being returned This Regulation shall enter into force on 1 January to the reserve . 1976,

No L 317/48 Official Journal of the European Communities 8 . 12 . 75

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