31976R3041

20. 12. 76 Official Journal of the European Communities No L 350/49

COUNCIL REGULATION (EEC) No 3041/76 of 9 December 1976 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 (1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, duty in respect of the iproduots concerned; whereas to comply with the special provisions of the said Protocol, separate arrangements should be made for Member States of the Community as originally con­ stituted on the one hand, and for the new Member Having regand to "the Treaty establishing the Euro­ States on the other; pean Economic Community, and in particular Article 113 thereof, Whereas, since 1 January 1974, Malta has been granted treatment no less favourable than that en­ Having regard to the proposal from the Commission, joyed by countries eligible for the generalized tariff preferences ; whereas to this end therefore customs duties should 'be totally suspended and the quota volume increased to 1 079 metric tons for 1977; Whereas the Agreement between the European Eco­ whereas, however, the Community has already nomic Community and Malta (*), signed on 5 Decem­ opened a duty-free tariff quota of 1 240 metric tons ber 1970, and the Protocol ilaying down certain pro­ for the products in question for 1976; whereas visions concerning that Agreement as a result of the therefore the quota volume should be held at this accession of new Member States to the European level and the difference between these volumes Economic Community (2), provide for the opening should be allocated to the two groups of Member by the Community of an annuail Community tariff States ; quota of 910 metric tons of cotton yarn, not put up for retail sale, falling within heading No 55.05 of the Common Customs Tariff, originating in Malta; Whereas, it is in particular necessary to ensure for all whereas, pursuant to iflhe joint declaration annexed Community importers equal and uninterrupted access to this Protocol, the tariff quota should be allocated to the abovementioned quota and uninterrupted among the Member States 'as follows : 750 metric tons application of the rate laid down for that quota to for the Community as originally constituted and all imports of the product concerned into all Member 160 metric tons for the new Member States ; whereas States until the quota has been used up ; whereas, the first stage of the Agreement ends on 30 June 1977 having regard to the principles mentioned above, the and, pursuant to Annex I to the Agreement, the pro Community nature of the quota can be respected rata temporis akuse would apply to the volume of by allocating 'the Community tariff quota among the the quota ; whereas the Community intends to main­ Member States ; whereas, in order to reflect more tain its trading relations with Ma'lta; whereas the accurately the actual development of the market in provisions governing the second stage should not be the product concerned, such allocation should be in less favourable than those laid down for the first; proportion to the needs of the Member States, as­ whereas in order not to disrupt trading patterns for sessed 'by reference to both the statistics of each the products in question, the Community tariff quota State's imports of the said goods from Malta over should be opened for the whole of 1977; whereas, a representative period and the economic outlook pursuant to Annex I to the said Agreement, the quota for the quota period concerned ; duty is equal to 30% of the Common Customs Tariff

Whereas, during the last three years for which statis­ tics are available, the corresponding imports by each of the Member "States represent the following per­ (*) OJ No L 61 , 14. 3. 1971 , p. 2. centages of the imports into the Community, frooi (*) OJ No L 111 , 28. 4. 1976, p. 3. Malta, of the products concerned :

No L 350/50 Official Journal of the European Communities 20. 12. 76

1973 1974 1975 which must, in particular, be atble to observe the ex­ tent to which the quota amount is used and inform Germany 45-5 30-1 13-7 Member States thereof;

Benelux 34-8 39-7 54-7 France 8-0 23-7 14-0 Whereas if, at a specified date in the quota period, a considerable balance remains in one or other Mem­ Italy 11-7 6-5 17-6 ber State it is essential that that Member State pays a large amount of it back into the reserve, in order Denmark — 0-3 — to avoid a part of the Community quota remaining unused in one Member State when it could be used Ireland 1-0 2-7 12-5 in others; United Kingdom 99-0 97-0 87-5 Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxem­ Whereas in view of these factors of the foreseeable bourg are united in and represented by the Benelux development during 1977 of the market for the prod­ Economic Union, any measure concerning the ad­ ucts in question and in particular of the estimates ministration of the quota shares allocated to chat submitted by certain Member States, initial quota economic union may be carried out by any of its shares may consequently be fixed approximately as members, follows :

Germany 56-5 Benelux 25-5 HAS ADOPTED THIS REGULATION : France 7-0 Italy 11-0 Denmark 1-0 Article 1 Ireland 11-0 United Kingdom 88-0 1 . From 1 January until 31 December 1977, a tariff quota of 1 240 metric tons shall be opened in the Community for cotton yarn, not put up for retail t Whereas, in order to take into account import trends sale, falling within heading No 55.05 of the Common for the products concerned in the different Member Customs Tariff, originating in Malta. States, the quota amounts should be divided into two instalments, the first instalments feeing allocated among the Member States and the second forming 2. Within the limits of this tariff quota the Common reserves intended ultimately to cover the require­ Customs Tariff duties shall be totally suspended. ments of the Memiber States which have used up their initial quota shares ; whereas, in order to ensure This suspension shall (be fully applied in the new a certain degree of security for importers in each Member States. Member State, the first instalments of the quotas should be determined at a level which, under present circumstances, may be approximately 70% of the 3 . An amount of 1 046 metric tons shall be allocated quota amounts ; to the Member States of the Community as originally constituted. Whereas the initial quota shares of the Member States may be used up at different times ; whereas, in order 4. An amount of 194 metric tons shall be allocated to take this fact into account and avoid any break in to the new Member States. continuity, it is important that any Member State having used up almost the whole of its initial quota share should draw an additional quota shiare from Article 2 the reserve ; Whereas, this must be dione by each Member State as and when each of its additional quota shares is almost entirely used up, and repeated 1 . A first instalment, amounting to 730 metric tons as many times as the reserve allows; whereas the of the amount specified in Article 1 (3), shall be allo­ initial and additional quota shares must be available cated among the Member States of the Community for use until the end of the quota period; whereas as originally constituted ; the shares, Which subject to this method of administration calls for close cooper­ Article 5 are valid until 31 December 1977, shall be ation between Member States, and the Commission, as follows :

20. 12. 76 Official Journal of the European Communities No L 350/51

Germany 413 metric tons, Article 4 Benelux 186 metric tons, France 51 metric tons, Each of the additional shares drawn pursuant to Italy 80 metric tons. Article 3 shall ibe valid until 31 December 1977.

The second instalment of 316 metric tons shall con­ stitute the relevant reserve. Article 5

2. A first instalment, amounting to 140 metric tons Member States shall return to the reserve, not later of the amount mentioned in Article 1 (4), shall be than 1 October 1977, the unused portion of their allocated among the new Member States ; the shares, initial share which, on 15 September 1977, is in which subject to Article 5 are valid until 31 Decem­ excess of 20% of the initial amount. They may re­ ber 1977, shall be as follows : turn a greater portion if there are grounds for be­ lieving that such quantity may not 'be used in full. Denmark 2 metric tons, Ireland 15 metric tons, Member States shall, not later than 1 October 1977, United Kingdom 123 metric tons. notify the Commission of the total imports of the product concerned effected up to 15 September 1977 The second instalment of 54 metric tons shall con­ inclusive, and charged against the Community quota stitute the relevant reserve. and, where appropriate, the proportion of their ini­ tial share that is being returned to the reserve.

Article 3 Article 6 1 . If 90% or more of the initial share of a Member State, as laid down in Article 2, or 90% of that share The Commission shall keep account of the shares less the amount returned into the reserve, where the opened by Member States in accordance with Articles provisions of Article 5 have been applied, has been 2 and 3 and shall inform each of them of the extent exhausted, that Member State shall proceed without to which the reserves have been used as soon as it delay, by notifying the Commission, to draw a second received the notifications . share equal to 15% of its initial share, rounded up to the next unit where appropriate, to the extent The Commission shall , not later than 5 October that the amount in the relevant reserve allows . 1977, notify Member States of the amount in the reserves after the return of shares pursuant to Article 5 . 2. If, after its initial share has been exhausted, 90% or more of the second share drawn by a Member State has been used, that Member State shall, in The Commission shall ensure that any drawing accordance with the conditions laid down in para­ which uses up any reserve is limited to the balance graph 1 , proceed without delay to draw a third available and, for this purpose, shall specify the share equal to 7-5% of its initial share, rounded up amount thereof to the Member State which makes to the next unit where appropriate, to the extent the final drawing. that the amount in the reserve allowis.

Article 7 3. If, after its second share has been exhausted, 90% or more of the third share drawn by a Member State has been used, that Member State shall proceed, in 1 . Member States shall take all appropriate measures the same way, to draw a fourth share equal to the to ensure that, when additional shares are drawn third. pursuant to Article 3 , it is possible for charges to be made without interruption against their accumulated This process shall be applied until the reserves are shares of the Community quota. exhausted . 2. Member States shall ensure that importers of the product concerned established in their territory 4. Notwithstanding the provisions of paragraphs 1 , have free access to the shares allocated to them. 2 and 3, the Member States may proceed to draw shares smaller than those fixed in those paragraphs, if there is reason to believe that they might not be 3 . Memlber States shall charge imports of the said used up. They shall inform the Commission of the goods against their share as and when the goods are reasons which led them to apply this (paragraph. entered for home use.

No L 350/52 Official Journal of the European Communities 20. 12. 76

4. The extent to which a Member State has used up Article 9 its share shall be determined on the basis of the imports charged in accordance with paragraph 3 . The Member States and the Commission shall cooperate closely in order to ensure that this Regulation is observed. Article 8 Article 10 On receipt of a request from the Commission, Mem­ ber States shall inform it of imports actually charged This Regulation shall enter into force on 1 January against their shaires. 1977.

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

Done at Brussels, 9 December 1976.

For the Council The President

P.J. J.MERTENS