31976R3042

20. 12. 76 Official Journal of the European Communities No L 350/53

COUNCIL REGULATION (EEC) No 3042/76

of 9 December 1976

opening, allocating and providing for the administration of a Community tariff quota for man-made fibres falling within heading No 56.04 of the Common Customs Tariff, originating in Malta ( 1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, toms Tariff duty in respect of the products concerned ; whereas to comply with the special provisions of the said Protocol, separate arrangements should be made for Member States of the Community as orig­ inally constituted on the one hand, and for the new Having regard to the Treaty establishing the Euro­ Member Staites 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 the duty rates should be totally suspended and the quota vol­ Whereas the Agreement between the European ume increased to 940 metric tons for 1977 ; whereas, Economic Community and Malta (1 ), signed on 5 De­ however, the Community has already opened a duty­ cember 1970, and the Protocol laying down certain free tariff quota of 992 metric tons for the products provisions concerning that Agreement as a result of in question for 1976 ; whereas therefore the quota the accession of new Member States to the European volume should be held at this level add the difference Economic Community (2), provide for the opening between these volumes should be allocated to the by the Community of an annual Community tariff two groups of Member States ; quota of 800 metric tons of man-made fibres (discontinuous or waste), carded, combed or other­ wise prepared for spinning, falling within heading W'hereas it is in particular necessary to ensure for all No 56.04 of the Common Customs Tariff, originating Community importers equal and uninterrupted access in Malta ; whereas, pursuant to the joint declaration to the abovementioned quota and uninterrupted ap­ annexed to this Protocol, the tariff quota should be plication of the rate 'laid down for that quota to all allocated among the Member States as follows : 600 imports of the product concerned into all Member metric tons for the Community as originally consti­ tuted and 200 metric tons for the new Member States until the quota has been used up ; whereas, having regard to the principles mentioned above, the States ; whereas the first stage of the Agreement ends Community nature of the quota can be respected by on 30 June 1977 and, pursuant to Annex I to the allocating the Community tariff quota among the Agreement the pro rata temporis clause would apply Member States ; whereas, in order to reflect more to the volume of the quota; whereas the Community accurately the actual development of the market in intends to maintain its trading relations with Malta ; the products concerned, such allocation should be in whereas the provisions governing the second stage should not be less favourable than those laid down proportion to the needs of the Member States, as­ sessed by reference to both the statistics of each for the first; whereas in order not to disrupt trading State's imports of the saiid goods from Malta over patterns for the products in question, the Community a representative reference period and the economic tariff quota should be opened for the whole of 1977 ; outlook for the quota period concerned ; whereas, pursuant to Annex I to the said Agreement, the quota duty is equal to 30% of the Common Cus­

Whereas, during the last three years for which stat­ istics 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 from (") OJ No L 111, 28. 4. 1976, p. 3. Malta of the products concerned :

No L 350/54 Official Journal of the European Communities 20. 12. 76

1973 1974 1975 entirely used up, and repeated as many times as the reserve allows; whereas the initial and additional — — — shares must be available for use until the end of the Germany — — — quota period ; whereas this method of administration Benelux calls for close cooperation between Member States France — — — and the Commission, which must, in particular, be able to observe the extent to which the quota amount Italy 100 is used and inform Member States thereof; (= 1 ")

— — Wlhereas if, at a specified date in the quota period, Denmark 100 a considerable balance remains in one or other Mem­ (= 16· ) ber State it is essential that that Memlber State pays — a large amount of it back into the reserve, in order Ireland — — to avoid a part of die Community quota remaining . — — — unused in one Member State when it could be used United Kingdom in others ; (*) metric tons. Whereas, since the Kingdom of Belgium, tihe King­ dom of the Netherlands and the Grand Duchy of Whereas, in connection with the allocation of both Luxembourg are united in and represented by the the quota volumes referred to above, account must Benelux Economic Union, any measure concerning be taken of both these percentages and the estimates the administration of the quota shares allocated to from certain Member States as well as the practical that economic union may be carried out by any of its need to ensure that the obligations contracted under memlbers, the Agreement concerned are allocated fairly among all the Member States ; whereas, initial percentage shares in the quota volumes may consequently be fixed approximately as follows : HAS ADOPTED THIS REGULATION : Germany 13 Benelux 13 Article 1 France 18 Italy 56 1 . From 1 January until 31 December 1977, a Com­ Denmark 16 munity tariff quota of 992 metric tons shall be Ireland 24 opened in the Community for man-made fibres (dis­ United Kingdom 60 continuous or waste), carded, combed or otherwise prepared for spinning, falling within heading No 56.04 of the Common Customs Tariff, originating Whereas, in order to take into account import trends in Malta . for the products concerned in the different Member States, the quota amounts should be divided into 2. Within the limits of this tariff quota the Com­ two instalments , the first instalments being allocated munity Customs Tariff duties shall be totally among the Member States and the second forming suspended. reserves intended ultimately to cover the require­ ments of the Member States which have used up This suspension shall be fully applied in the new their initial shares ; whereas, in order to ensure a Member States. certain degree of security for importers in each Mem­ ber State, the first instalments of the quotas should 3 . An amount of 771 metric tons shall be allocated be determined at a level which, under present cir­ cumstances, may be approximately 60% of the quota to the Member State of the Community as originally constituted. amounts ;

4. An amount of 221 metric tons shall be allocated Whereas the initial shares of the Member States may to the new Member States . be used up at different times ; whereas, in order to take this fact into account and avoid any break in continuity, it is important that any Member State Article 2 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 1 . A first instalment, amounting to 480 metric tons as and when each of its additional shares is almost of the amount specified in Article 1 (3 ), shall be alio­

20 . 12 . 76 Official Journal of the European Communities No L 350/55

cated among the Member States of the Community 4. Notwithstanding the provisions of paragraphs 1 , as originally constituted ; the shares, which subject to 2 and 3, the Member States may proceed to draw Article 5 are valid until 31 December 1977, shall be shares smaller than those fixed in those paragraphs, as follows : if there is reason to believe that they might not be used up . They shall inform the Commission of the Benelux 63 metric tons , reasons which led them to apply this paragraph. Germany 63 metric tons, France 86 metric tons, Article 4 Italy 268 metric tons .

The second instalment of 291 metric tons shall con­ Each of the additional shares drawn pursuant to stitute the relevant reserve. Article 3 shall foe valid until 31 December 1977.

2. A first instalment, amounting to 133 metric tons of ithe amount mentioned in Article 1 (4), shall be Article 5 allocated among the new Memfoer States ; the shares, which subject to Article 5 are valid until 31 Decem­ ber 1977, shall foe as follows : Member States shall return to the reserve, not later than 1 October 1977, the unused portion of their Denmark 21 metric tons, initial share which, on 15 September 1977, is in excess of 20% of the initial amount. They may re­ Ireland 32 metric tons , turn a larger portion if there are grounds for believ­ United Kingdom 80 metric tons. ing that such portion may not foe used in full.

The second tranche of 88 metric tons shall constitute the relevant reserve . Member States shall , not later than 1 October 1977, notify the Commission of the total imports of the product in question effected up Co and including 15 September 1977 and charged against the Community Article 3 quota and, where appropriate, the proportion of their initial share that is being returned to the reserve. 1 . If 90% or more of the initial share of a Member State, as laid down in Article 2, or 90% of that share less the amount returned into the reserve, where the Article 6 provisions oif Article 5 have been applied, has been exhausted, that Memfoer State s)hall proceed without delay, by notifying the Commission, to draw a The Commission shall keep account of the shares second share equal to 15% of its initial share, rounded opened by Member States in accordance with Articles up to the next unit where appropriate, to the extent 2 and 3 and shall inform eadh of them of the extent that the amount in the relevant reserve allows . to which the reserves have been used as soon as it receives the notifications . 2. If, after its initial share has been exhausted , 90% or more of the second share drawn by a Memfoer The Commission shall , not later than 5 October 1977, State 'has ibeen used, that Memfoer State shall, in ac­ notify Memfoer States of the amount in the reserves cordance with the conditions laid down in paragraph after the return of shares pursuant to Article 5 . 1 , proceed to draw a third share equal to 7-5% of its initial share, rounded up to the next unit where appropriate, to the extent that the amount in the The Commission shaKl ensure that any drawing which reserve allows. uses up any reserve is limited to the balance available and, for this purpose, shall specify the amount thereof to the Memfoer State which makes the fiinal drawing. 3 . If, after its second share has been exhausted, 90% or more of the third share drawn by a Memfoer State has been used, that Memfoer State shall proceed, in the same way to draw a fourth share equal to the Article 7 third.

This process shall be applied until the reserves are 1 . Member States shall take all appropriate measures exhausted. to ensure that, when additional shares are drawn

No L 350/56 Official Journal of the European Communities 20. 12. 76

pursuant to Article 3, it is possible for charges to be Article 8 made without interruption against their accumulated On receipt of a request from the Commission, Mem­ shares of the Community quota. ber States shall inform it of imports actually charged against their shares. 2. Member States shall ensure that importers of the product concerned established in their territory have free access to the shares allocated to them. Article 9

The Member States and the Commission shall co­ 3. Member States shall charge imports of the said operate closely in order to ensure that this Regu­ goods against their shares as and when the goods are lation is observed. entered for home use.

Article 10 4. The extent to which a Memlber State has used up its share shall be determined on the basis of the This Regulation shall enter into force on 1 January imports charged in accordance with paragraph 3 . 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