31976R3043

20. 12. 76 Official Journal of the European Communities No L 350/57

COUNCIL REGULATION (EEC) No 3043/76

of 9 December 1976 opening, allocating and providing for the administration of a Community tariff quota for outer garments falling within heading No 60.05 of the Common Customs Tariff, originating in Malta (1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, visions of the said Protocol, separate arrangements should be made for Member States of the Com­ munity as originally constituted on the one hand, and for the new Member States on the other; Having regard to the Treaty establishing the Euro­ 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 joyed by countries eligible for the generalized tariff Having regard to the proposal from the Commission, preferences ; whereas to this end therefore the duty rates should be totally suspended and the quota volume increased to 216 metric tons for the year Whereas the Agreement between the European 1977, of which 122 metric tons should be allocated Economic Community and Malta (*), signed on to the Member States of the Community as orig­ 5 December 1970, and the Protocol laying down inally constituted and 94 metric tons to the new certain provisions concerning that Agreement as a Member States ; result of the accession of new Member States to the European Economic Community (2), provide for the opening by the Community of an annual Community Whereas it is in particular necessary to ensure for all tariff quota of 190 metric tons, of outer garments and Community importers equal and uninterrupted other articles, knitted or crocheted, not elastic or access to the abovementioned quota and uninter­ rubberized, falling within heading No 60.05 of the rupted application of the rate laid down for that Common Customs Tariff, originating in Malta; quota to all imports of the products concerned into whereas, pursuant to the joint declaration annexed to all Member States until the quota has been used up ; this Protocol, the tariff quota should be allocated whereas, having regard to the principles mentioned among the Member States as follows : 100 metric above, the Community nature of the quota can be tons for the Community as originally constituted and respected by allocating the Community tariff quota 90 metric tons for the new Member States ; whereas among the Member States ; whereas, in order to the first stage of the Agreement ends on 30 June reflect more accurately the actual development of the 1977 and, pursuant to Annex I to the Agreement 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 States, assessed by reference to both the statistics of intends to maintain its trading relations with Malta ; each State's ipiports of the said goods from Malta whereas the provisions governing the second stage over a representative period and the economic out­ should not be less favourable than those laid down look for the quota period concerned; for the 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 1977 ; Whereas, during the last three years for which stat­ whereas, pursuant to Annex I to the said Agreement, istics 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 to comply with the special pro­ Malta of the products concerned :

{») OJ No L 61 , 14. 3. 1971 , p. 2. (*) OJ No L 111 , 28. 4. 1976, p. 3.

No L 350/58 Official Journal of the European Communities 20. 12. 76

1973 1974 1975 calls for close cooperation between Member States and the Commission, which must, in particular, be — 4 34-4 able to observe the extent to which the quota Germany amount is used and inform Member States thereof; Benelux — 7 4-2 France 94-6 50 54-2 Whereas if, at a specified date in the quota period, Italy 5-4 39 7-2 a considerable balance remains in one or other Member State it is essential that that Member State Denmark 1-3 3-4 0-6 pays a large amount of it back into the reserve, in — order to prevent a part of the Community quota Ireland 7-8 0-6 from remaining unused in one Member State when United Kingdom 90-9 96-6 98-8 it could be used in others ;

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

Germany 17

Benelux 11 HAS ADOPTED THIS REGULATION : France 55 Italy 17 Article 1 Denmark 17 Ireland 17 1 . From 1 January until 31 December 1977, a tariff United Kingdom 66 quota of 216 metric tons shall be opened in the Community for outer garments and other articles, knitted or crocheted, not elastic or rubberized falling Whereas, in order to take into account import trends within heading No 60.05 of the Common Customs for the products concerned in the different Member Tariff, originating in Malta. States, the quota amounts should be divided into two instalments, the first instalments being allocated among the Member States and the second forming 2. Within the limits of this tariff quota the reserves intended ultimately to cover the requirements Community Customs Tariff duties shall be totally suspended. of the Member States which have used up their initial quota shares ; whereas, in order to ensure a certain degree of security to importers in each This suspension shall be fully applied in the new Member State, the first instalments of the quotas Member States. should be determined at a level which, under present circumstances may be 75% of the quota amounts ; 3 . An amount of 122 metric tons shall be allocated to the Member States of the Community as originally Whereas the initial shares of the Member States may constituted. be used up at different times; whereas, in order to take this fact into account and avoid any break in 4. An amount of 94 metric tons shall be allocated continuity, it is important that any Member State to the new Member States. having used up almost the whole of its initial share should draw an additional share from the reserve ; whereas, this must be done by eaoh Member State as and when each of its additional shares is almost Article 2 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 1 . A first instalment, amounting to 90 metric tons quota period ; whereas this method of administration of the amount specified in Article 1 (3 ), shall be

20. 12. 76 Official Journal of the European Communities No L 350/59

allocated among the Member States of the Com­ 4. Notwithstanding the provisions of paragraphs 1, munity as originally constituted; the shares, which 2 and 3, the Member States may proceed to draw subject to Article 5 are valid until 31 December 1977, shares smaller than those fixed in those paragraphs shall be as follows : if there is reason to believe that they might not be used up. They shall inform the Commission of the Benelux 10 metric tons, reasons which led them to apply this paragraph. Germany 15 metric tons, France 50 metric tons, Italy 15 metric tons . Article 4

The second instalment of 32 metric tons Shall consti­ tute the relevant reserve. Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1977.

2. A first instalment, amounting to 70 metric tons of the amount specified in Article 1 (4), shall be Article 5 al'looated among the new Member States ; the shares, which subject to Article 5 are valid until 31 Decem­ ber 1977, shall be as follows : Member States shall return to the reserve, not later than 1 October 1977, the unused portion of their Denmark 12 metric tons, initial share which, on 15 September 1977, in excess Ireland 12 metric tons, of 20% of the initial amount. They may return 46 metric tons. a larger portion if there are grounds for believing United Kingdom that such portion may not be used in full. The second instalment of 24 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 concerned effected up to 15 September 1977 inclusive and charged against the Community quota Article 3 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 Article 6 less the amount returned into the reserve, where the provisions of Article 5 have been applied, has been exhausted, that Member State shall proceed without The Commission shall keep account of the shares delay, by notifying the Commission, to "draw a second opened by Member States in accordance with Articles share equal to 15% of its initial share, rounded up 2 and 3 and shall inform each of them of the extent to the next unit where appropriate, to the extent to which the reserves have been used as soon as it that the amount in the relevant reserve allows . receives the notifications.

2. If, after its initial share has been exhausted, 90% The Commission shall, not later than 5 October or more of the second share drawn by a Member 1977, notify Member States of the amount in the State has been used, that Member State shall, in ac­ reserves after the return of shares pursuant to cordance with the conditions laid down in para­ Article 5 . graph 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 shall ensure that any drawing reserve allows. which uses up one of the reserves is limited to the balance available and, for this purpose, shall specify the amount thereof to the Member State which 3 . If, after its second share has been exhausted, 90% makes the final drawing. or more of the third share drawn by a Member State -has been used, that Member 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 350/60 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 shares of the Community quota. On receipt of a request from the Commission, Member 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 cooper­ 3 . Member States shall charge imports of the said ate closely in order to ensure that this Regulation is goods against their share as and when the goods observed. are entered for home use. Article 10 4. The extent to which a Member 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