31975R3153

No L 317/52 Official Journal of the European Communities 8 . 12 . 75

REGULATION (EEC) No 3153/75 OF THE COUNCIL

of 24 November 1975 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 (1976)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , countries eligible for the generalized preferences system, the abovementioned volume should be increased to 473 metric tons and the duties totally suspended ; whereas, as regards the allocation of Having regard to the Treaty establishing the this tariff quota, the quota volume laid down in the European Economic Community, and in particular Agreement should be confined to the original Article 113 thereof ; Member 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 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 products concerned into together with Article 2 of Annex I for the opening all Member States until the quota has been used by the Community of an annual Community tariff up ; whereas, having regard to the principles quota of 300 metric tons of men's and boys' outer mentioned above, the Community nature of the garments, falling within heading No 61.01 of the quota may be respected by allocating the Community Common Customs Tariff, originating in Malta ; tariff quota among the Member States ; whereas, in whereas the first stage of the Agreement ends on order to reflect more accurately the actual 31 March 1976 and, pursuant to Article 6 of Annex I, development of the market in the product concerned, the pro rata temporis clause would apply to the such allocation should be in proportion to the needs volume of the quota ; whereas the Community of the Member States, assessed by reference to both intends to maintain its trading relations with Malta ; the statistics of each State's imports of the said whereas the provisions governing the second stage goods from Malta over a representative period and should not be less favourable than those laid down the economic outlook for the quota period for the first ; whereas in order not to disrupt trading concerned ; 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, Whereas, during the last three years for which the quota duty is equal to 30 % of the Common statistics are available, the corresponding imports Customs Tariff duty in respect of the product by each of the Member States represent the concerned ; whereas, with a view to granting Malta following percentages of the imports into the Com­ treatment not less favourable than that enjoyed by munity from Malta of the products concerned :

1972 1973 1974

Germany 55-5 43-4 31-0 19-4 16-2 7-7 Benelux 27-3 21-4 35-1 22-0 45-5 21-6 France 11-7 9-2 11-9 7-4 22-9 10-9 Italy 5-5 4-2 22-0 13-7 15-4 7-4

Denmark 7-6 29-0 31-9 Ireland 0-2 0-2 0-4 United Kingdom 14-0 8-3 20-1

8 . 12 . 75 Official Journal of the European Communities No L 317/53

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

Benelux 12-7 Denmark 17-5 Article 1 France 9-5 Germany 47-6 1 . From 1 January to 31 December 1976 a Com­ Ireland 0-3 munity tariff quota of 473 metric tons shall be Italy 3-2 opened in the Community for men's and boys' outer United Kingdom 9-2 garments from Malta, falling within heading No 61.01 of the Common Customs Tariff.

Whereas, in order to take into account import trends 2. Within the limits of this tariff quota the Common for the products concerned in the different Member Customs Tariff duties shall be totally suspended. States, the quota amount should be divided into two instalments, the first instalment being allocated This suspension shall be fully applied in the new among the Member States , and the second forming Member States . a reserve intended ultimately to cover the requirements of the Member States which have used Article 2 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 1 . A first instalment, amounting to 315 metric tons munity quota should be determined at a level which, of the Community tariff quota referred to in Article 1 , under present circumstances, may be 67% of the shall be shared among the Member States ; the quota amount ; shares , which subject to Article 5 shall be valid until 31 December 1976, shall consist of the following amounts : Whereas the initial shares of the Member States may be used up at different times ; whereas, in order Benelux 40 metric tons, to take this fact into account and avoid any break in Denmark 55 metric tons, continuity, it is important that any Member State France 30 metric tons, having used up almost the whole of its initial share Germany 150 metric tons, should draw an additional share from the reserve ; Ireland 1 metric ton , whereas, this must be done by each Member State as and when each of its additional shares is almost Italy 10 metric tons, entirely used up, and repeated as many times as the 29 metric tons . United Kingdom reserve allows ; whereas the initial and additional quota shares must be available for use until the end 2 . The second instalment of 158 metric tons shall of the quota period ; whereas this method of constitute the reserve. administration calls for close cooperation between Member States and the Commission , which must, in particular, be able to observe the extent to which the Article 3 quota amount is used and inform Member States thereof ; 1 . If 90% or more of the initial share of a Member State, as laid down in Article 2 ( 1 ), or 90% of that Whereas if, at a specified date in the quota period, share less the amount returned into the reserve , a considerable balance remains in one or other where the provisions of Article 5 have been applied, Member State it is essential that that Member State has been exhausted, that Member State shall proceed pays a large amount of it back into the reserve , in without delay, by notifying the Commission , to draw order to avoid a part of the Community quota a second share equal to 15% of its initial 'share, remaining unused in one Member State when it could rounded up to the next unit where appropriate, to be used in others ; the extent that the amount in the reserve allows .

Whereas, since the Kingdom of Belgium , the King­ 2 . If, after its initial share has been exhausted, 90% dom of the Netherlands and the Grand Duchy of or more of the second share drawn by a Member Luxembourg are united in and represented by the State has been used, that Member State shall , in Benelux Economic Union , any measure concerning accordance with the conditions laid down in

No L 317/54 Official Journal of the European Communities 8 . 12 . 75

paragraph 1 , proceed to draw a third share equal the extent to which the reserve has been used as to 7-5% of its initial share, rounded up to the next soon as it receives the notifications . unit where appropriate, to the extent that the amount The Commission shall, not later than 5 October 1976, in the reserve allows . notify Member States of the amount in the reserve 3 . If, after its second share has been exhausted, after the return of shares pursuant to Article 5 . 90% or more of the third share drawn by a Member The Commission shall ensure that any drawing State has been used, that Member State shall proceed, which uses up the reserve is limited to the balance in the same way to draw a fourth share equal to available and for this purpose shall specify the the third . amount thereof to the Member State which makes This process shall be applied until the reserve is the last drawing. exhausted. Article 7 4. Notwithstanding the provisions of paragraphs 1 , 2 and 3 , a Member State may proceed to draw 1 . The Member States shall take all appropriate shares smaller than those fixed in those paragraphs, measures to ensure that, when additional shares are if there is reason to believe that they might not be drawn pursuant to Article 3 , it is possible for charges used up . They shall inform the Commission of the to be made without interruption against their reasons which led them to apply this paragraph. accumulated shares of the Community quota .

2. The Member States shall ensure that importers Article 4 of the product concerned established in their territory have free access to the shares allocated to Each of the additional shares drawn pursuant to them . Article 3 shall be valid until 31 December 1976 . 3 . The Member States shall charge imports of the said goods against their share as and when the Article 5 goods are entered for home use.

The Member States shall return to the reserve, not 4 . The extent to which a Member State has used later than 1 October 1976, the unused portion of up its share shall be determined on the basis of the their initial share which, on 15 September 1976, is imports charged in accordance with paragraph 3 . in excess of 20% of their initial amount. They may return a greater portion if there are grounds for Article 8 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 of charged against their shares . 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 of their initial share that is being returned to the The Member States and the Commission shall 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