31975R3159

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

REGULATION (EEC) No 3159/75 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 Cyprus ( 1976)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , access to the abovementioned quota and uninter­ rupted application of the rate laid down for that quota to all imports of the product concerned into all Member States until the quota has been Having regard to the Treaty establishing the used up ; whereas, having regard to the principles European Economic Community, and in particular mentioned above, the Community nature of the Article 113 thereof; quota can be respected by allocating the Community tariff quota among the Member States ; whereas, in order to reflect more accurately the actual develop­ Having regard to the proposal from the Commission ; ment of the market in the product concerned, such allocation should be in proportion to the needs of the Member States, assessed by reference to both the Whereas the Agreement ( 1 ) establishing an associ­ statistics of each State's imports of the said goods ation between the European Economic Community from Cyprus over a representative period and the and the Republic of Cyprus, hereinafter called 'the economic outlook for the quota period concerned ; Agreement', and the Protocol ( 2 ) laying down certain provisions concerning that Agreement as a result of the accession of new Member States to the Whereas during the past three years no such products European Economic Community, hereinafter called originating in Cyprus have been imported into the 'the Protocol', provide for the opening of an annual Community as originally constituted and whereas Community tariff quota of 500 metric tons of men 's a minimal amount has been imported into only one and boys' outer garments, falling within heading of the new Member States ; whereas no forecast can No 61.01 of the Common Customs Tariff, originat­ be made for 1976 ; whereas to ensure fair distribution ing in Cyprus ; whereas pursuant to the Joint Declaration on Article 2 of the Protocol the tariff of the two quota amounts between the Member States concerned each Member State should make quota should be allocated among the Member States a significative contribution to the relevant quota as follows : 100 metric tons for the Community as amount ; whereas such contributions may originally constituted and 400 metric tons for the new Member States ; whereas Annex I to the approximately correspond to the following percentages : Agreement provides that the duties applicable to the quota shall be equal to 30% of the Common Benelux 28 Customs Tariff duties ; whereas, as regards the duties Germany 19 applicable to goods within the limits of the quota by the new Member States, the special provisions of France 28 the Protocol and of the Act of Accession (3) should 25 Italy be observed ; whereas to comply with the special Denmark 45 provisions of the Protocol, separate arrangements Ireland 5 should be made for the Member States of the United Kingdom 50 Community as originally constituted on the one hand, and for the new Member States on the other ;

Whereas, in order to take account of import trends Whereas it is in particular necessary to ensure to for the products in question in the Member States all Community importers equal and uninterrupted concerned , the quota amount should be divided into two instalments, the first instalment being allocated among the same Member States, the second (!) OJ No L 133 , 21 . 5 . 1973 , p. 1 . instalment constituting a reserve intended to cover (2) OJ No L 133 , 21 . 5 . 1973 , p. 88 . the later requirements of Member States which have (3) OJ No L 73 , 27. 3 . 1972, p. 14 . used up their initial quota shares ; whereas in order

No L 317/76 Official Journal of the European Communities 8 . 12 . 75

to ensure a certain degree of security to importers 2. Within the limits of 400 metric tons the tariff in each Member State, the first instalment of the quota referred to in Article 1 , the new Member quota should be fixed in this case at approximately States shall apply the duties laid down in the relevant 75 and 50% respectively ; provisions of the Act of Accession, the Agreement and the Protocol . Whereas the initial quota shares of the Member States may be used up at different times ; whereas, in order to take this fact into account and avoid any Article 3 break in continuity, it is important that any Member State having used up almost the whole of its initial 1 . A first instalment, amounting to 72 metric tons quota share should draw an additional share from of the amount specified in Article 2 ( 1 ), shall be the reserve ; whereas , this must be done by each allocated among the Member States of the Com­ Member State as and when each of its additional munity as originally constituted ; the shares, which quota shares is almost entirely used up, and repeated subject to Article 6 are valid until 31 December 1976, as many times as the reserves allow ; whereas the shall be as follows : initial and additional quota shares must be available for use until the end of the quota period ; whereas Germany 20 metric tons, this method of administration calls for close cooperation between Member States and the Com­ Benelux 14 metric tons, mission, which must, in particular, be able to observe France 20 metric tons, the extent to which the quota amounts are used Italy 18 metric tons . and inform Member States thereof ;

The second instalment of 28 metric tons shall Whereas if, at a specified date in the quota period, constitute the relevant reserve . a considerable balance remains in one or other Member State, it is essential that that Member State pays a large amount of it back into the reserve, in 2. A first instalment, amounting to 200 metric tons order to avoid a part of the Community tariff quotas of the amount mentioned in Article 2 ( 2), shall be remaining unused in one Member State when it could distributed between the new Member States ; the be used in others ; shares, which subject to Article 6 are valid until 31 December 1976, shall be as follows : Whereas , since the Kingdom of Belgium , the King­ dom of the Netherlands and the Grand Duchy of Denmark 90 metric tons , Luxembourg are united in and represented by the Ireland 5 metric tons , Benelux Economic Union , any measure concerning United Kingdom 105 metric tons . the administration of the quota shares allocated to that economic union may be carried out by any of its members , The second instalment of 200 metric tons shall constitute the relevant reserve .

HAS ADOPTED THIS REGULATION : Article 4

1 . If 90% or more of the initial share of a Member Article 1 State, as laid down in Article 3 , or 90% of that share less the amount returned into the relevant From 1 January to 31 December 1976 a tariff quota reserve where the provisions of Article 6 have been of 500 metric tons shall be opened within the Com­ applied, has been exhausted, that Member State shall munity in respect of men's and boys' outer garments, proceed without delay, by notifying the Commission, falling within heading No 61.01 of the Common to draw a second share, equal to 15% of its initial Customs Tariff, originating in Cyprus . This quota share, rounded up to the next unit where appropriate, shall be allocated and administered in accordance to the extent that the relevant reserve is sufficient. with the provisions set out below.

2. If, after its initial share has been exhausted, 90% Article 2 or more of the second share drawn by a Member State has been used, that Member State shall proceed, 1 . The Common Customs Tariff duty shall be in accordance with the conditions laid down in partially suspended at the rate of 5-1% in respect of paragraph 1 ", to draw a third share equal to 7-5% of 100 metric tons of the quota referred to in Article 1 . its initial share, rounded up to the next unit.

8 . 12 . 75 Official Journal of the European Communities No L 317/77

3 . If, after its second share has been exhausted, The Commission shall, not later than 5 October 1976, 90% or more of the third share drawn by a Member notify the Member States of the amounts in the State has been used, that Member State shall proceed, reserves after the return of shares pursuant to in the same way, to draw a fourth share equal to Article 6 . the third. The Commission shall ensure that any drawing which This process shall be applied until the relevant uses up one or the other reserve is limited to the reserve is exhausted. balance available and for this purpose shall specify the amount thereof to the Member State which makes 4. Notwithstanding paragraphs 1 , 2 and 3 a Member the last drawing. State may proceed to draw shares smaller than those fixed in those paragraphs if there is reason to believe Article 8 that they might not be used up. They shall inform the Commission of the . feasons which led them to 1 . The Member States shall take all appropriate apply this paragraph. measures to ensure that when additional shares are drawn pursuant to Article 4 it is possible for changes to be made without interruption against their Article 5 accumulated shares of the Community quota.

Each of the additional shares drawn pursuant to 2. The Member States shall ensure that importers of Article 4 shall be valid until 31 December 1976 . the said goods established in their territory have free access to the share allocated to them .

Article 6 3 . The Member States shall charge imports of the said goods against their share as and when the goods The Member States shall return to the reserve, not are entered for home use . later than 1 October 1976, the unused portion of their initial share which , on 15 September 1976, is 4. The extent to which a Member State used up its in excess of 20% of the initial amount. They may share shall be determined on the basis of the imports return a greater portion if there are grounds for charged in accordance with paragraph 3 . believing that such portion may not be used in full .

Article 9 The Member States shall , not later than 1 October 1976, notify the Commission of the total imports On receipt of a request from the Commission, of the said goods effected up to and including 15 Member States shall inform it of imports actually September 1976, and charged against the Com­ charged against their shares. munity quota and, where appropriate, the proportion of their initial share that is being returned to the relevant reserve . Article 10

The Member States and the Commission shall Article 7 cooperate closely in order to ensure that this Regulation is observed. The Commission shall keep an account of the shares opened by Member States in accordance with Articles Article 11 3 and 4 and shall inform each State of the extent to which the reserves have been used up as soon as it This Regulation shall enter into force on 1 January 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