31975R3152

8 . 12 . 75 Official Journal of the European Communities No L 317/49

REGULATION (EEC) No 3152/75 OF THE COUNCIL

of 24 November 1975

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 ( 1976)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, treatment not less favourable than that enjoyed by countries eligible for the generalized preferences system, the abovementioned volume should be increased to 158 metric tons and the duties totally Having regard to the Treaty establishing the. suspended ; whereas, as regards the allocation of this European Economic Community, and in particular tariff quota, the quota volume laid down in the Article 113 thereof ; Agreement should be confined to the original Mem­ ber States and the new Member States should participate in the supplementary 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 ) application of the rate laid down for that quota together with Article 2 of Annex I for the opening to all imports of the products concerned into all by the Community of an annual Community tariff Member States until the quota has been used up ; quota of 100 metric tons of outer garments and whereas, having regard to the principles mentioned other articles, knitted or crocheted, not elastic or above, the Community nature of the quota can be rubberized, falling within ' heading No 60.05 of the respected by allocating the Community tariff quota 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 31 March 1976 and, pursuant to Article 6 of Annex I, the 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 to maintain its trading relations with Malta ; whereas of each State's imports of the said goods from Malta the provisions governing the second stage should over a representative period and the economic not be less favourable than those laid down for the outlook 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, during the last three years for which whereas, pursuant to Article 1 of the said Annex, statistics are available, the corresponding imports by the quota duty is equal to 30% of the Common each of the Member States represent the following Customs Tariff duty in respect of the product percentages of the imports into the Community from concerned ; whereas, with a view to granting Malta Malta of the products concerned :

1972 1973 1974

Germany 4-3 0-8 4-0 1-8 Benelux 7-0 3-3 France 93-6 17-1 94-6 52-0 50-0 22-8 Italy 2-1 0-4 5-4 2-9 39-0 17-8

Denmark 0-6 1-8 Ireland 0-1 2-9 United Kingdom 81-6 41-0 52-5

No L 317/50 Official Journal of the European Communities 8 . 12 . 75

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

Benelux 8-3 HAS ADOPTED THIS REGULATION : Denmark 4-2

France 41-7 Article 1 Germany 12-5

Ireland 4-2 1 . From 1 January to 31 December 1976 a Com­ Italy 12-5 munity tariff quota of 158 metric tons shall be opened in the Community for outer garments and United Kingdom 16-6 other articles, knitted or crocheted, not elastic or rubberized, falling within heading No 60.05 of the Whereas , in order to take into account import trends Common Customs Tariff, originating in Malta . for the products concerned in the different Member States, the quota amount should be divided into 2 . Within the limits of this tariff quota the Common two instalments, the first instalment being allocated Customs Tariff duties shall be totally suspended. among the Member States and the second forming a reserve intended ultimately to cover the This suspension shall be fully applied in the new requirements of the Member States which have used Member States . up their initial quota shares ; whereas, in order to ensure a certain degree of security to importers in each Member State, the first instalment of the Com­ Article 2 munity quota should be determined at a level which, under present circumstances, may be 75% of the 1 . A first instalment, amounting to 120 metric tons

quota amount ; of the Community tariff quota referred to in Article 1 , shall be shared among the Member States ; the shares , which subject to Article 5 shall be valid until Whereas the initial shares of the Member States may 31 December 1976, 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 Benelux 10 metric tons , having used up almost the whole of its initial share Denmark should draw an additional share from the reserve ; 5 metric tons, 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 reserve allows ; whereas the initial and additional Ireland 5 metric tons , shares must be available for use until the end of Italy 15 metric tons , 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, in particular, be able to observe the extent to which 2 . The second instalment of 38 metric tons shall the quota amount is used and inform Member States constitute the reserve . 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 ( 1 ), or 90% of that pays a large amount of it back into the reserve, in share less the amount returned into the reserve, order to prevent a part of the Community quota where the provisions of Article 5 have been applied, from remaining unused in one Member State when has been exhausted, that Member State shall proceed it could be used in others ; without delay, by notifying the Commission, to draw a second share equal to 15% of its initial share, Whereas , since the Kingdom of Belgium , the rounded up to the next unit where appropriate, to Kingdom of the Netherlands and the Grand Duchv the extent that the amount in the reserve allows .

8 . 12 . 75 Official Journal of the European Communities No L 317/51

the extent to which the reserve has been used as 2. If, after its initial share has been exhausted, 90% or more of the second share drawn by a Member soon as it receives the notifications . 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 to draw a third share equal reserve after the return of shares pursuant to to 7-5% of its initial share, rounded up to the next Article 5 . 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 amount thereof to the Member State which makes State has been used, that Member State shall proceed, the last drawing. in the same way, to draw a fourth share equal to the third. 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 4. Notwithstanding the provisions of paragraphs 1 , are drawn pursuant to Article 3 , it is possible for 2 and 3 , a Member State may proceed to draw charges to be made without interruption against shares smaller than those fixed in those paragraphs their accumulated shares of the Community quota. if there is reason to believe that they might not be used up. They shall inform the Commission of the 2 . The Member States shall ensure that importers reasons which led them to apply this paragraph . 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 larger portion if there are grounds for believing that such portion 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 charged against their shares . of the product concerned effected up to and including 15 September 1976, and charged against the Com­ Article 9 munity quota and, where appropriate, the proportion The Member States and the Commission shall of their initial share that is being returned to the reserve . cooperate closely in order to ensure that this Regulation is observed .

Article 6 Article 10 The Commission shall keep account of the shares opened by Member States in accordance with This Regulation shall enter into force on Articles 2 and 3 and shall inform each of them of 1 January 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