31976R3044

20 . 12. 76 Official Journal of the European Communities No L 350/61

COUNCIL REGULATION (EEC) No 3044/76 of 9 December 1976 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 ( 1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, ments should be made for Member States of the Community 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 enjoyed 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 815 metric tons for the year Whereas the Agreement between the European 1977, of which 364 metric tons should be allocated Economic Community and Malta ( x ), signed on to the Member States of the Community as originally 5 December 1970, and the Protocol laying down constituted and 451 metric tons to the new Member certain provisions concerning that Agreement as a 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 tariff quota of 730 metric tons of men's and boys' all Community importers equal and uninterrupted outer garments falling within heading No 61.01 of access to the abovementioned quota and uninter­ the Common Customs Tariff, originating in Malta ; rupted application of the rate laid down for that whereas, pursuant to the joint declaration annexed quota to all imports of the products concerned into to this Protocol, the tariff quota should be allocated all Member States until the quota has been used up ; among the Member States as follows : 300 metric whereas, having regard to the principles mentioned tons for the Community as originally constituted above, the Community nature of the quota may be and 430 metric tons for the new Member respected by allocating the Community tariff quota States ; whereas the first stage of the Agreement ends among the Member States ; whereas, in order to on 30 June 1977 and, pursuant to Annex I to the reflect more accurately the actual development of the Agreement the pro rata temporis clause would apply market in the products concerned, such allocation to the volume of the quota ; whereas the Community should be in proportion to the needs of the Member intends to maintain its trading relations with Malta ; States, assessed by reference to both the statistics whereas the provisions governing the second stage of each State's imports of the said goods from Malta should not be less favourable than those laid down over a representative reference period and the for the first; whereas in order not to disrupt trading economic outlook for the quota period concerned ; patterns for the products in question, the Com­ munity tariff quota should be opened for the whole of 1977; whereas, pursuant to Annex I to the said Whereas during the last three years for which stat­ Agreement, the quota duty is equal to 30% of the istics are available, the corresponding imports by each Common Customs Tariff duty in respect of the prod­ of the Member States represent the following ucts concerned; whereas to comply with the special percentages of the imports into the Community from provisions of the said Protocol, separate arrange­ Malta of the products concerned :

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

No L 350/62 Official Journal of the European Communities 20. 12 . 76

1973 1974 1975 States and the Commission, which must, in particular, be able to observe the extent to which the quota amount is used and inform Member States Germany 31-0 16-2 42-9 thereof ; Benelux 35-1 45-5 12-1 France 11-9 22-9 38-8 Whereas if, at a specified date in the quota period, a considerable balance remains in one or other Italy 22-0 15-4 6-2 Member State it is essential that that Member State pays a large amount of it back into the reserve, in order to avoid a part of the Community quota Denmark 77-4 60-9 45-4 remaining unused in one Member State when it Ireland 0-5 0-7 2*3 could be used in others ; United Kingdom 22-1 38-4 52-3 Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Whereas in view of these factors, of the foreseeable Benelux Economic Union, any measure concerning development during 1977 of the market for the the administration of the quota shares allocated to products in question and in particular of the estimates that economic union may be carried out by any of its submitted by certain Member States, initial percentage members , shares in the quota volumes may consequently be fixed approximately as follows :

Germany 65 HAS ADOPTED THIS REGULATION : Benelux 18 France 13 Italy 4 Article 1 Denmark 35 Ireland 1 1 . From 1 January until 31 December 1977, a tariff United Kingdom 64 quota of 815 metric tons sha'll ibe opened in the Community for men's and boys' outer garments from Malta falling within heading No 61.01 of the Whereas, in order to take into account import trends Common Customs Tariff. for the products concerned in the different Member States, the quota amounts should be divided into two instalments, the first instalments being allocated 2 . Within the limits of this tariff quota the Com­ among the Member States and the second forming munity customs Tariff duties shalll be totally reserves intended ultimately to cover the requirements suspended. of the Member States which have used up their initial quota shares ; whereas, in order to ensure a This suspension shall be fully applied in the new certain degree of security for importers in each Member States . Member State, the first instalments of the quotas should be determined at levels which, under present 3 . An amount of 364 metric tons shall ibe allocated circumstances, may be approximately 67% of the to the Member States of the Community as originally quota amounts ; constituted.

Whereas the initial shares of the Member States may 4 . An amount of 451 metric tons shalil be allocated be used up at different times ; whereas, in order to to the new Member States . take this fact into account and avoid any break in continuity, it is important that any Member State having used up almost the whole of its initial share Article 2 should draw an additional share from the reserve ; whereas, this must be done by each Member State as and when each of its additional shares is almost 1 . A first instalment, amounting to 243 metric tons entirely used up, and repeated as many times as the of the amount specified in Article 1 (3 ), shall be reserve allows ; whereas the initial and additional allocated among the Member States olf the Com­ quota shares must be available for use until the end munity as originally constituted; the shares, which of the quota period ; whereas this method of admin­ subject to Artide 5 are valid until 31 December 1977, istration calls for close cooperation between Member shall be as follows :

20 . 12 . 76 Official Journal of the European Communities No L 350/63

Benelux 44 metric tons, used up. They shall inform the Commission of the reasons which led them to apply this paragraph. Germany 158 metric tons, France 31 metric tons, ItaSy 10 metric tons . Article 4

The second instalment of 121 metric tons shall constitute the relevant reserve. Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1977.

2. A first installment, amounting to 300 metric tons of the amount mentioned in Article 1 (4), shall be Article 5 allocated among the new Member States ; the shares, which subject to Article 5 are valid until 31 December 1977, sha'll be as follows : Member States shall return to the reserve, not later than 1 October 1977, the unused portion of their Denmark 105 metric tons , initial share which, on 15 September 1977, is in Ireland 3 metric tons, excess of 20% of the initial amount. They may return a greater portion if there are grounds for United Kingdom 192 metric tons. believing that such portion may not fee used in full.

The second instalment of 151 metric tons shall constitute the relevant reserve . Member States shall, not later than 1 October 1977, notify the Commission off 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 less the amount returned into the reserve, where Article 6 the provisions of Article 5 have been applied, has been exhausted, that Member State shall proceed without delay, by notifying the Commission, to draw The Commission shall keep account of the shares a second share equal to 15% of its initial share, opened by Member States in accordance with rounded up to the next unit where appropriate, to Articles 2 and 3 and shall inform each of them of the the extent that the amount in the relevant reserve extent to which the reserves have been used as soon allows . as it receives' the notifications.

The Commission shall, not later than 5 October 1977, 2 . If, after its initial share has been exhausted , 90% notify Member States of the amount in the reserves or more of the second share drawn by a Member after the return of shares pursuant to Article 5. State has been used, that Member State shall, in accordance with the conditions laid down in para­ graph 1 , proceed to draw a third share equal to The Commission shall ensure that any drawing which 7-5% of its initial share, rounded up to the next uses >up any reserve is limited to the balance unit where appropriate, to the extent that the amount available and, for this purpose, shall specify the in the reserve allows . amount thereof to the Member State which makes the final drawing.

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

No L 350/64 Official Journal of the European Communities 20. 12. 76

3 . Member States shall charge imports of the said Article 9 goods against their share as and when the goods are entered for home use. The Member States and the Commission shall 4. The extent to whidh a Member State has used cooperate closely in ortder to ensure that this up its share shall be determined on the basis of the Regulation is observed. imports charged in accordance with paragraph 3.

Article 8 Article 10 On receipt of a request from the Commission, Member States shall inform it of imports actually This Regulation shall enter into force on charged against ttheir shares. 1 January 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