-{0111374(

HILLMAN COMMISSION OF THE EUROPEAN COMMUNITIES

COM(75) 348 final /

Brussels, 11 July 1975

Proposal fer_a

. ,\

REGULATION (EEC) OF THE COUNCIL)-·~ .

opening, allocation and providing for the administration of a Community · quota for cotton yam falling within beading No 55.05 of the Common Customs Tari Coating

in Malta

(1976) ·-....... ........ _____ ~

ProposAl for a

REGULATION (EEC) OF THE COUNCIL

opening, allocating and providing for the administration of a Community tariff quota for man-made fibres (discontinuous or waste), carded, combed or otherwise prepared for spinning falling within heading No 56.04 of the Common Customs Tariff, originating

in Malta

(1976) --------·--·~----·------

Proposal fer a

REGULATION (EEC) OF THE'COUNCIL

opening, allocating and ·providing for the administration of a Community tariff quota for outer garments and other articles, knitted or crocheted, not clastic: or rubberized,

falling within heading No 60.05 of the Common Customs Tariff, originating in Malta

. (1976)

Proposal fer a

REGULATION (EEC) OF THE COUNCIL

opening, allocating and providing for the administration of a Community tariff quota · for men's and boys' outer garments faUing within beading No 61.01 of the Common

· Customs Tariff, originating in Malta {1976)

(submittei by the Cemmis~i•n te the C•uncil)

COM(75) 348 final

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EXfLANATORY HEMORANDUM

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1. Article 3 of the Agreement between the ~uropean ~conomic

Community and Malta, read with Articles 1 and 2 of Annex I

.thereto, provides for the opening of Community tariff quotas for

the importation into the Community of the following products,

,originating in Malta, at the quota duties specU'ied below &

CC'l'. Heading Product Annual Quota No

,. volume duty .

I -tons-' I

• 55·05 Cotton yarn, not put·

up for retail sale • 750 30 % •

56.04 V.an-made fibres (dis- ' of the I continuous waste), CC'l' or duties carded, combed or othe'r•

wise prepared for '

spinning I 600 ,, '11 I I .. . 6o.o5 Outer garments and

;, .. other articles, knitted or croched, ·not .. ,, elastic nor rubbe'rUted 1 lOO" ..

:I:; .. " 61.01 Men's and boy's outer

·' garments 300 ;; ,. .. ..

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2. At its session of 4/5 June 19?3 however, .the Council agreed that

M~lta should be treated, as from 1 January 19?4, no less favourably

than· countries eligible for the (teneralised System ot Pr.eferences.

'l'his·undertaking implies that the treatment hitherto granted to

Malta will be improved comparably. For the yea:r 1974 this

kprovement consists in a autonomous 50 ~ increase of the quota I' ,f

~l!lounts fixed in the EEC/Malta Agreement, and total:·-su·spension

·Of duties in the CC'l' and the national Customs tariff of each of the ' . ..

Member States. An other increase··of 5 '!;was agreed tor 1975• ~ ..

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·). The Regulations provide, in the usual way, for the splitting

up of the tariff volumes into two parts, or which the first

will be allocated among the Member States as quota shares and

the second will be kept as a reserve.

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4. fhe allocation of the first part of the quotas for the products

falling within the tariff headings 55.05 and-60.05 has been

.. undertaken according to the rules generally applied hitherto.

The total imports of each Member State for 1971, 1972 and 1973 have been expressed as a proportion of total Community imports

over the same period. The resulting peroentages·have been

applied State by State to the volume of the first part, the

last digit of the number or m~tric tons being rounded off.

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5• However, it does not seem appropriate to apply this rule to the

tariff quqta for man-made fibre' (56.04) and outer garments (60.05) since c

(a) import figures for certain Member States varied considerably

from year to year1

(b) other Member States impor~ef none at all'

(c) total Community imports a~e.lower than the agreed tarif.f quota

. volumes; r. 0

.(d) it is difficult to fo!'ecast future imports.

In this situation and in view neverthe~ess to allocate the quota

volume fairly among the Member States according to their respective

sizes, it seems indicated that each Member State takes a significa~ive

part in the quota volume." Of cour~e, this formu~a has to be adaptedP

to the futur development of imports.

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6. The proposed Regulations provic'.e for a single method or:

administration to be app~ied '07 all Member States, namel;y the

"as and when" method.

1· The Member States' experts who participated in the consultative meeting . . of the "Economic Tariff Problems" Group (14/18 April 1975) expressed

agreement in principle to the scheme for allocation of shares proposed

by the CommisAion in the framework of the regulations annexed.

8. In formulating its proposals the Commission whishes to draw up in

good time, having regard to inherent procedural delq, an instrument

to give etteot to the commitments at present in toroe with respect

to Malta.

Being aw8l'le, .however, ot the problems posed

b,y the continuing developmeui ot the. situation, the Commission

accordingly reserves the right to make adaptations to its proposals

should such be neoessar,r. r.

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Annexes :

- 4 proposals of Regulations of the Council

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ANNEX A

Proposal REGULATION (EEC) No ••• j7~F THE COUNCIL

of

opening, allocation and providing for the administration of a Community tariff quota for cotton yarn falling within heading No SS.OS of the Common Customs Tariff, originating · in Malta

(1976)

THE COUNCIL OF THE EUROPEAN COMMUNITIES; •

Having regard to the Treaty establishing the Euro." pean Economic Community, and in particular

, Article 113 thereof; '· ·

. Having regard to the proposal from the Commission; ·

, fined to the original Member States and the new Member States shall participate in the supplementary volume;

Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted application of the rate laid down for that quota to all imports of the product concerned into all Member

Whereas the Agreement between the European Eco­nomic Community arid Malta, signed at Valetta on

. States until the quota has been used up; whereas, having regard to the principles mentioned above, the Community nature of the quota can be respected by

. allocating the ComtTlunity tariff quota among the Member States; whereas, in order to reflect more accurately the actual 4evelopment 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 statistics of each State's imports of the said goods from Malta over a representative period and the economic outlook foi:.,

5 December 1970, provides in Article 3 (1), together with Article 2 of Annex I, for the opening by the Community of an annual Community tariff quota of 750 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, pursuant to Article 1 of the said Annex, the quota duty is equal to 30 % of the Common Customs Tariff duty in respect of the product concerned; wherea~, with a view to granting Malta a treatment not less favourable than that enjoyed by countries eligible for the ge.neralized system of preferences, 1

the volume should be increased to 1 181 metric tons and the duties : totally suspended1 whereas 1 as regards the allocation of this tar1ff quota,. ·the quota volume. laid down in the Agreement should be con-

• I 1971

Germany ,.

51-3 51-4

Benelux 28·7 25-7. France 5·4 4-8

Italy 8·6 1-8

Denmark .. 0•1

Ireland I

3·2

United Kingdom ., . 7o() . .

the quota period conce~ned; ·

Whereas, during the last three years for which stat· istics are available, the corresponding imports by each of the Member States represent the following percentages of the imports into the Community, from Malta, of the products concerned: .

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45-5. l9·8 30,1 24,3 .34-8. 30·4 't 39,7 32,0

8·0 .7•0 23,7 19,1 11-7

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i0·2 6,5 5,2 ' li

. :0·0 f' o, 1 0·1 0,6

12-5 18,7 1 .

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. Whereas, in view of these factors of the foreseeable development during 1976" ol the market for the prod- · ucts in question and in particular of the estimates .. submitted by certain Member States, initial quota shares may consequently be fixed approximately as follows:

Benelux 23,0

Denmark 0 1 1.

F..fance '51,0

Germany 6,2

Ireland 1,1

ANNEX A

administration of shares granted to the abovemen- ' tioned Economic Union may be carried out by any one of its members,

HAS ADOPTED THIS REGULATION:

Article 1

1. From 1 January to 31 December 1976' a tariff quota of 1, 181metric tons shall be opened in the Community for cotton yarh.,not put up for retail sale, falling within heading No 55.05 of the Common Italy 9,9

United Kingdom 8,7 , . Customs Tariff, originating in Malta.

Whereas, in order to. take into account impon trends · for the products concerned in the different Member States, the quota amount should be divided into two tranches, the first tranche being allocated among the Member States and the second forming a reserve intended ultimately to cover the requirements of the Member States which have used up their initial quota ·

·shares; whereas, in order to ensure a cenain degree of security to importers in each Member State, the first tranche of the Community quota should be determined at a level which, under present circum­stances, may be approximately 70% of the quota amount;

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 anv break in continuity, it is imponant that any Memb~r State having used up almost the whole of its initial quota share should draw an additional quota share from the reserve; whereas this must be done by each Member State as and when each of its additional quota shares is almost entirely used up, and repeated as many times as .the reserve allows; whereas the

· initial and additional quota shares must be available for use until the end of the quota period; whereas this method of administration calls for close cooper­ation between Member 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 thereof;

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Whereas if, at a specified date in the quota period, · . ' 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 to prevent a part of the Community quota from remaining unused in one Member State when it ·could be used in others; ·

Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxem­bourg are united in and represented by the Benelux Economic Union, all transactions c~ncerning the

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2. Within the limits of this tariff quota the Com·. munity Common Customs Tariff duties shall be totally suspended.

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'This suspension shall be fully applied in the new Member States ..

ArtiCle 2

' 1. A first tranche, amounting to 805 metric tons of the Community tariff quota referred to in Anicle 1, shall be shared ainong the Member States; the proportions which, subject to Anicle 5, shall be valid · until 31 Deeember 1976' shaiH:onsist of the following amouhts: .

Germany

'Benelux

France

Italy

Denmark

Ireland

United Kingdom

·.· 410 metric tons .

185 metric tons

50 metric tons

80 metric tons

1 metric ton

9 metric tons

1: 70 metric tons

2. The second t~anche of 376 metric .tons shall constitute the reserve.

Article 3

1. If 90% or more of the initial share of a Member State, as laid do~n in Artide l (1), or 90% of that share less the amount returned into the reserte, where

· . the provisions of Article 5 have been applied, has been exhausted, that Member State shall proceed without delay, by notifying the Commission, ~o draw· a second share equal to 15% of its initial share, rounded up to the next unit where appropriate, to the extent that the amount in the reserve allows.

' 2. If, after its initial share 1 has been exhausted, 90 % · or more .of the second share! dra:wn by a Member . ' '

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State has been used, that Member State shall, in accordance with the conditions laid down in para· graph 1, proceed without delay to draw a third share equal to 7·5% of its initial t:hare, rounded up to the next unit where appropriate, to the extent that the amount in the reserve allows.

3. If, after its second share has been exhausted, 90%; or more qf the third share drawn by a Member StJtte has been used, that Member State shall proceed, in the same way, to draw a fourth share equal to the third.

This process shall be applied until the reserve is exhausted.

· 4. Nothwithstanding the prov1s1ons of paragraphs 1, 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 used up. They shall inform the Commission of the reasons which led them to apply this paragraph.

Article 4

Each of the additional shares drawn pursuant to Article 3 shall !;le valid until 31 December 19";1).

Article 5

ANNEX A

to which the reserve has been used as soon as · it received the notifications.

The Commission shall, not later than . 5 October 1976', notify Member States of the amount in the reserve after the return of shares pursuant to Article 5.

The Commission shall· ensure that any drawing which uses up the reserve is limited to the balance available and, for this purpose, shall spec;ify the amount there~ of to the Member State which makes · the final drawing;

Article 7

1. The Member States shall take . all appropriate measures to ensure that, when additional shares are drawn pursuant to Article 3, it is possible for charges to be made without interruption against their ac­cumulated shares of the Community quota.

2. The Mentber States shall ensure that importers of the product concerned -established in their territory · have free access to the shares allocated to them.

' 3. The Member States shall charge imports of the said goods against their ''share as and when the goods are entered for home use.

4. The extent to which a Member State has used up its'share shall be determined on the basis of the imports charged in accordance with,paragraph 3.

The Member States shall return to the ~e­serve, not later than 1 October 1976, the unused portion of their initial share which, on 15 September 1976, is in excess of 20 % Article 8 of the ini tia1 amount They shall return a · · 1ar er ant · t . f • . . .Member States ' shall inform the Commtss1on at

g qu 1 Y. 1 t?ere 18 reason to bell eve, regular intervals ofimports actually charged against that such quant1 ty m1ght not be used. their shares.·

lhe Me-mber States shall, not later than 1 · October 1976', notify the Commission of the total imports of the product concerned effected up to 15 September 1976' inclusive, and charged against the Community quota and, where appropriate, the proportion of their initial share that is being returned to the reserve.

Article 6

ihe Commission shall keep account of the shares opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent

Article 9

The Member States: and the Commission shall cooperate closely in order to ensure that this Regu­lation is observed.

Articlt 10

This Regulation snail enter into force on 1 January t97ts'.

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

Done at Brussels, ,

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For the CouttCil

The Ptesldent

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ANNEX B

Proposal

REGULATION (EEC) No~ •• j750F "?IE COUNCIL

of

opening, allocating and providing for the administration of a Community tariff q~ota for man-made fibres (discontinuous or waste), carded, combet\ or otherwise prepared for spinning falling within heading No 56.04 of the Common Customs Tariff, originating

. · · · in Malta : .

(1976)

THE COUNCIL OF THE EUROPEAN C6MMUNITiES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof;

Having regard to the proposal from the Corn· mission;

Whereas the Agreement between the European Economic Community and Malta, signed at Valetta on 5 December 1970, provides in Article 3 (1), together with Article 2 of Annex I, for the opening by the Community of an annual Community tariff quota of 600 metfic tons of man-made fibres , (discontinuous or waste), carded, combed, or other· wise prepared for spinning falling within heading No 56.04 of the Common Customs Tariff, originating in Malta; whereas, pursuant to Article 1 of the said Annex, the quota duty is equal to 30 %

· of the Common Customs Tariff duty in respect of the product concerned; whereas, with a view to granting Malta a treatment not less favourable than

' 'laid down in the Agreement should be confined to

. the original Member States and the new Member States shall participate in the supplementary volume;

Whereas 1t IS m particular necessary to ensure to all Community importers equal and uninterrupted 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 used up; whereas, having regard to the principles mentioned above, the Community nature of the quota can be respected by allocating the Community tariff quota among the Member States; whereas, in order to {eflect more accurately the actual develop· 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 statistics of each State's imports of the said goods

. from Malta over a representative period and the economic outlook for the quota period concerned;

generalized system of preferences, the , . W~ereas, during the last three years for which volume should be increased to 945 statistics are available, the corresponding imports ·by

metric tons and the duties totally sus• each of the Member States represent the following pended; whereas, as regards and the . . percentages of the imports into the Community from ,

' · .. duties totally suspendedJ whereas, a.s Malta of the products concerned: , regards the allocation . of this tariff· _ , , . quota, the quota volume

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197~ l.Z 3 1_97A_ . I

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Germany '• - - - - - ;, -r

Benelux - - - - - " -;1 France - - -· - - -' ' Italy ·~oo 66,8 - - - ~ . -I

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,. 100 . Denmark - .... ·- -.., ,,

Ireland ' 15,5· - - ! - -I

United Kingdom 17,1 - ,. _ .. i !) ·-- .. ,1.·

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Whereas, both these percentages and the estimates from certain Member States as well as the practical . need to ensure that the obligations contracted under the Agreement concerned are allocated fairly among all the Member States; whereas, initial quota shares

· may consequently be fixed approximately as follows: .

Benelux '· 10,4 Denmark 3,5 France .10,4. Germany 13,9 Ireland 5,2 Italy 43,6 United Kingdom 13,0

Whereas, in order to take into account import trends for the products concerned in the different Member States, the quota amount should be divided into two tranches, the first tranche being allocated among the Member States and the second forming a reserve · intended ultimately to cover the requirements of the Member States which have used up their initial shares; whereas, in order to ensure a certain degree of security to importers in each Member State, the first tranche of the Community quota should be determined at a level which, under present circum­stances, may be approximately 60% of the quota amount;

Whereas the initial shares of the Member States may 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 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 as and when each of its additional shares is almost entirely used up, and repeated as many times as the reserve allows; whereas the initial and additional shares must be available for use until tile end of the 'quota period; whereas · this method of administration calls for close cooperation between · Member 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 thereof; '

Whereas if, at a specified date in the quota period, a considerable balance remains in one or other Member State it is essential that that Member State pays a large amount o{ it back into the. reserve to prevent a part of the Community quota from remaining unused in one Member State when it could be used in others;

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Whereas, since the Kingdom of Belgium, the King­dom of the Netherlands and th~ Grand Duchy of Luxembourg are united in and represented by the ·

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ANNEX B

Benelux Economic Union, all transactions concerning . the ad""inistration ()£ shares granted to the

abovementioned Economic Union may be carried out . by any one of its. members,

HAS ADOPTED THIS REGULATION:

Article 1

·1. From 1 January to 31 December 1976", a Com• munity ta'riff quota oL 945 metric tons shall be,. opened in the Community for man-made fibres (discontinuous or waste), carded, combed or otherwise prepared for spinning falling within . heading No 56.04 of the Common Customs Tariff, originating in Malta.

2. Within the limits of this tariff quota the Com­munity Common Customs Tariff duties shall be totally suspended.

This suspension shall be fully ·applied in the new Member States.

Artide 2

1. A first tranche of 575 metric tons of the Com­munity tariff quota referred to in Article 1 shall be shared amortg the Member States; the proportions which, subject to Article 5, shall be valid until 31 December 1976 shall consist of t~ following amounts:

'Benelux 60 metric tons

Denmark 20 metric tons

France 80 metric tons

Germany 60 metric tons

Ireland :30 metric tons

Italy 250 metric' tons

United Kingdom 75 metric tons

2. The seco11d tranche · of 370 metric tons shall const.itute the reserve.

Article 3

· 1. If 90% or more of the initial share of a Member State, as laid down in :Article 2 (1), or 90% of that share less the amount returned into the reserve, where the provisions of Article 5 have been appfied, has been exhausted, that Member State shall proceed without delay, by notifying the ~mmission, to draw a second share equal to 15% of its initial share, . rounded up to the next· \Jnit where appropriate, to the extent th•tt the amount In the reserve allows •

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2. If, after its initial share h:ts been exhausted, 90% . or more of the second share drawn by a Member State has been used, that Member State shall, in accordance with the conditions laid down in paragraph 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 reserve allows.

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 the same way, to draw a fourth share equal to the third. . . This process shall be applied until the reserve is exhausted.

4. Notwithstanding the provisions of paragraphs 1, 2 and 3, the Member States may proceed to draw shares smaller than those fixed in those paragraphs, if there is reason to bdieve that they might not be used up. They shall inform the Commissior1 of the reasons which led them to apply this paragraph.

Article 4

ANNEXB

Articles 2 and 3 and shall inform each of them of the . extent to which the reserve has been used as soon · as it receives the notifications.

The Commission shall, not later than 5 October 197{, notify Member States of the

amount in the reserve after the return of shares pursuant to Article 5.

The Commission shall ensure that any drawing which uses up the- reserve is limited to the balance available and, for this purpose, shall specify the amount thereof to the Member State which makes the final.drawing.

Artide 7

1. ·The Member States shall take all appropriate measures to ensure that, when additional shares are drawn pursuant to Article 3, i~ is possible for charges

· to be made without intertuption against their accumulated shares of the Community quota.

2. ·The Member States shall ensure that importers of the product concerned established in their territory have free access to the shares allocated to them.

Each of the additional shares drawn pursuant to ' Article 3 shall be valid until31 December 19i6'. 3. The Member States shall.charge imports of the

said goods against their shares as and when the Article 5 goods are entered for home use.·

The Member States shall return to the re- 4. The extent to which a Member State has used eervP., not later than 1 October 1976, the up its share shall be determined on the basis of unused port ion:_ of their initial share which, the imports charged in accordance with paragraph 3. on 15 September 1976, is in excess of 20 ~ of the initial amount. They shall re'tum a Article 8 larger quantity if there is reason to belie- . . . ve that euch quanti t mi ht not be used. Member. States sha~l mform the Comm1sswn. at

Y g regular mtervals of Imports aqually charged agamst The Member States shall, not later than 1 October 1976; notify the Commission of the total imports of. the product in question effected up to and incleding 15 September 1976" and charged

. ag~inst the Community quota and, where . appro­priate, the proportion of their initial share that is being returned to the reserve.

Article 6

· . The Commission ·shall keep account of the sh~res opened by Member States in accordance with

their shares.

Article 9

The Member States and the Commission shall cooperate closely in order to ensure that this

· Regulation is observed.

' ,, Artide 10

This Regulation shall enter into force on 1 January 197cS':

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

Done at Brussels,

For the Council . The President

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ANNEX C

I '

! Proposal REGULATION (EEC) No ••• /7r:PF TilE COUNCIL

of

opening, allocating and 'providing for the administration of a Community tariff quota for outer garments and other articles, knitted or crocheted, not elastic or rubberized,

falling, within heading No 60.05 of the .Common Customs Tariff, originating in Malta '

(1976)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, · be confined to the original Member States and the new Member States shall participate in the supplementar,y volumeJ

Having regard to the Treaty establishing the European Economic Communi~, and in particular Article 113 thereof;

Having regard to the proposal from the Commission;

Whereas the Agreement between · the European Economic Community and Malta, signed at Valetta on s' December 1970, provides in Article 3 (1), together with Article 2 of Annex I, for the opening by the Community of an annual Community tariff quota of 100 metric tons of outer garments and other articles, knitted or crocheted, not elastic or rubberized, falling within heading No 60.05 of the Common Customs Tariff, originating in Malta; whereas, pursuant to Article 1 of the said Annex, the quota duty is equal to 30% of the Common Customs Tariff duty in respect of the product concerned; whereas, with a view to granting Malta

Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted access to the abovementiol)ed quota and uninterrupted 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 used up; whereas, having regard to the principles. mentioned above, the Community nature of the quota can be respected bY, allocating the Community tariff quota among the Member States; whereas, in order to reflect more accurately the actual develop· ment of the market in the product concerned, such allocation should be in proportion to the needs of the Member States, assesoed by reference to both the statistics of each State's imports of the said goods from Malta over a representative period and the economic outlook for the quota period concerned;

a treatment not less favourable than that enjoyed. by countries eligible for the generalized system of preferences, the volume should be increased

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. Whereas, during the last three years for which statistics are available, the corresponding imports by each of the Member States represent the following percentages of the imports into the Community from

to 158 metric tons and the duties to­tally suspended; whereas, as regards• the allocation of this tariff quota, the quota· volume laid down ill" the Agreement should ·

1972 . Germany H

: Benelux -France 93-6

Italy H.

Denmark

Ireland

United Kingdom '

0·8

-17-1

'0•4

-0·1

81·6

Malta of the products concerned: · .

197l 1974

- ·- 114 0 ': ' 1,8

- - '1 ,o 3,3 94•6 52·0 50,0 22,8 ., H .H 39,0 17,8

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0•6 ; 1,8 i·9 . -:

41·0 • 52,5

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-------·--··· ··- -·-------' · Whereas both these percentages and the estimates

from certain Member States as well as the practical need to ensure that the obligations contracted under the Agreement concerned are allocated fairly among all· the Member States; whereas initial quota shares may consequently be fixed approximately ai follows:

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Benelux 8·3 Denmark ' 4·2

France 41·'J Germany 12·5

Ireland 4·2

Italy 12·5

United Kingdom 16·6

Whereas, in order to take into account import trends for the products concernea in the different Member States, the quota amount should be divided into two tranches, the first tranche being allocated among the Member States and the second forming a reserve intended ultimately to. cover the requirements of the Member States which have used up their initial · · quota shares; whereas, in order to ensure a certain degree of security to impoiters in each Member State, the first tranche of the Community quota should be determined at a level which, under present circumstances, may be ~5% of the quota amount;

Whereas- t~e initial shares of the Member States may 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 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 as and when each of its additional shares is almost 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 quota period; whereas this method of administration calls for. close cooperation between Member States and the Commission, which must, in particular, be able to observe the extent to which the quota amoun.t is used and inform Member States thereof;

Whereas if, at a specified· date in the quota period, 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 to prevent a part of the Community quota from . remaining unused in one . Member State when it · could be used in otJters;

Whereas, since the Kingdom· of Belgium, the King-· . dom of the Netherlands and the Grand D~chy of Luxembourg are united in and represented by the

ANNEX: c Benelux Economic Union, all transactions concerning , the administration. of shares . granted to the abovementioned Economic. Union may be ca~ried out by any one of its members,

HAS ADOPTED THIS REGULA TJON:

Artide 1

1. From 1 January to 31 December 197G, a Com• munity tariff quota of 158 metric tons shall be

. opened in the Community for outer garments and other articles, knitted or crocheted, not elastic or

· · rubberized,. falling within heading No 60.05 of the 'Common Customs Tariff1 originating in Malta.

2. Within the limits of this tariff quota the Com­munity Common Customs Thriff duties shall be totally suspended.' ·

This suspension' shall 'be fully applied in the new Member States. ··

Article 2

1. A first tranche of 120 metric tons of the Com­munity tariff quota referred to' in Article 1 'shall be shared among the Member States; the proportions . which,. subject to Article' 51 shall be valid until , 31 ·December 197G, shall COIJSist of the following

· amounts:

Benelux " 10 metric tons Denmark

. ' '· 5 metric t6ns.

France ~ ·so metric tons

Germany 15 metric tons

Ireland ·;; $ metric torts '

Italy 15 metric tons

United Kingdom 20 metric tons

2. The second tranche of 3·8 metric tons shall constitute the reserve.

Article 3

1. If 90% or more of the initial share of a Member State, as laid down in Anicle 2, or 90% of that share less the amount retup1ed into the reserve, where the provisions 'of Article 5 have been applied, has beeh exhausted, that · Member State . shall proceed without delay, by. notifying the Corn·

. mission, to draw a second share equal to 15% of its inltial share, rounded up to the next unit where approptiate, to the .extent .that ~he amount ·in the reservt: allbws. . '

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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 accordance with the conditions laid down in paragraph 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 reserve allows.

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 the same way, to draw a fourth ~hare equal· to . the third.

This · process shall be applied until the reserve is exhausted.

4. Notwithstanding the pro.visions of paragraphs 1, 2 and 3, the Member States may proceed to draw shares smaller than those fixed in those p~ragraphs if there is reason to believe that they might not be used up. They shall inform the Commission of the reasons which led them to apply this paragraph.

Article 4

Each of the additional shares drawn pursuant to Article 3 shall be'valid until31 December 1976'. .

Article 5 The Member States shall return to the reserve, not later than 1 October 1976, the unused por-tion of their initial share which, on 15 Sep­tember 1976, is in excess of 20 % of the ini­tial amount. They shall return a larger quan­tity if there is reason to believe that such quantity might not be used.

The Member States shall, not later than ' 1' October 1976, 'notify the Commission of the total imports of the product concerned effected up to 15 ·September 1976' inclusive and charged against the Community quota and, where appropriate, the proportion of their initial share that is being returned to the reserve. '

Article 6

The Commission shall keep account of the shares opened by Member States in accordance with

ANNEX C

Articles 2 and 3 and shall inform each of them of the extent to which the reserve has been used as soon as it receives the notifications.

The Commission shall, not later than .5 October 197(, notify Member States of the amount in the reserve after the return of shares

. pursuant to ArticleS.

The Commission shall ensure that any drawing which uses up the reserve is limited to the balance available and, for this purpose, shall specify the amount thereof to the Member State which .makes the final drawing.

Article 7

1. The Member States shall take all appropriate measures to ensure that, when additional shares are drawn pursuant to Article 3, it is poss.ible f~r charges to be made withou~ interruption agamst thj!tr accumulated shares of the Community quota.

2 The Member States shall ensure that importers of the product concerned established in their territory have free access to the shares allocated to them.

3. The Member States shall charge imports of the said goods against their share as and when the goods are entered for home use.

4. The extent to which ·a Member State has used up its share shall be determined on the basis of the imports charged in accordance with paragrat1h 3.

Article 8

Member States shall inform the Commission at regular intervals of imports actually charged against their shares.

Article 9

'the Member States and the Commission · shall cooperate closely in . order to. ensure that this Regulation is observed. .

This Regulation 1 January 1976". .

Art/de 10

shall enter into force on

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

Done at Brussels,

For th~ Couttcil

· The Preddem . '

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ANNEX D I .

Proposal

REGULATION (EEC) No ..••• /750F THE COUNCIL

of

opening, allocating and providing for the administradon 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 (1976)

• . n

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the Euro­pean Economic Community, and in particular Article 113 thereof; ·

Having regard to the proposal from the Commission;

Whereas the Agreement between the European Economic Community and Malta, signed at Valetta on S December 1970, provides in Article 3 (1), together with Article 2 of Annex I, for the opening by the Community of an anhual Community tariff quota of 300 metric tons of men's and boys' outer garments falling within heading No 61.01 of the Common Customs Tariff, originating in Malta; whereas, pursuant to Article 1 of the said Annex, the quota duty is equal 'to 30% of the Common Customs Tariff duty in respect of the product concerned; whereas, with a view to granting Malta

pate in the supplementar,y volume;

Whereas it is in particular necessari to ensure to all Community importers equal and uninterrupted 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 used up; whereas, having regard to the principles mentioned above, the Community nature of the quota may be

·respected by allocating the Community tariff quota · among the Metnber States; whereas, in order to

' reflect more accurately the actual development 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 statistics of each State's imports Qf the said goods from Malta over a representative period and the economic outlook for the quota period concerned;

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. fl

a treatment not less favourable than that enjoyed by~ countries eligible for the generalized f;ystem of preferences, the vohune should be increased

to 473 metric tons and the duties total- Whereas, during. the last. three yeao for which...,.....,.,....,. _ ___,.. ly suspended J whereas, as regards the statistics: are available, the corresponding imppm by·· ·,. . .l allocation of this tariff quota, the quota each of the Member States ,ret'tesent the follovrlng • , • ' volume laid down in the Agreement shou~d percentars of the imports Into ~ht ~ommunity frpm .. 1 be· confined to thtr original V.em'ber--a~a~s ... !.~al!~!~the products co,ncerned •. • . . . . , ; . , ... ' . ; and the new Merit bel! States ehe.l.l partiOi• ' ······"·.. .. · · · · .. ··" ........ - '-·""""

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,.. .... .. . ~ 1971 . . 1911 'i 1974 ··' ·'-· -

~

Germany ' SH 43-4 3HI 19-4. 16,2 7,7 Benelux 27-3 21<4 3H 22•0 ' 45,5 21,6 Fran.:e 11·~ 9-2 11-9 7•4 22,9 10,9 Italy .s-s 4·2 22.0 13-7 15,4 7,4

Denmark 7·6 29·0 31,9 .. .. Ireland 0·2 '' 0·2 ' 0,4 United Kingdom 14•0 8·3 20,1

.. ..

\~ Whereas in view of these factors of the foreseeable development · during 1976" of the market for the products in question and in particular of the estimates submitted by certain Member StatesJ initial quota shares · may eonsequendy be fixed approximately as follows:. .

Benelux Denmark Germany France Ireland Italy United Kingdom

12,7 17,5

. 47,6 I 9,5 I

0,3 3,'2 9,2

Whereas, in order to take into account import trends · I • for the products concerned in the different Member .

States, the quota amc:Junt should be divided into two tranches, the first tranche being allocated' among the Member States and the second forming a reserve intended ultimately to cover the reqairemen'ts of the Member States which have used up their initial quota shares; whereas,· in order to ensure i certain degree · of security to importers in each Member State; the

· first tranche of the Community quota should be determined at a level which, under pre$ent circumstances, may be 67% of th~ quota amount;

ANNEX D

administration of shares! granted to.· the above , . mentioned. Economic Unicm may be carried out by ' · any one of Its members, '

. HAS ADOPTED THIS REGULATION:

Artide 1

1. From 1 January to 31 December 197G, a Com­munity tariff quota of 47 3 metric tons shall be

· ... opened in the Community for men's and boys' outer· garments from Malta falling within heading No 61.01 of the Common Customs Tatiff.

· , . 2. Within the limits· of this tariff quota the . Community Common Customs Tariff duties shall

· be totally suspended.

This suspension shal~ be ifuUy applied in the new Member States.

Article 2

.1. A first tranche amounting to 31S metric tons of . the Community tariff quota referred to in Article 1

. : shall be shared among the Member States; the · proportions which, subject to ArticleS, shall be valid

until31 Decembet 1976 shall consist of the followjng amounts:

Benelux 40 metric tons Whereas the initial shares of the Member States may , . , 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 having used up almost the whole of its initial share . 1

should draw an additional share from the reserve; whereas, this must be done by each Member State as

Denmark France Germanr, Ireland Italy United Kingdom

SS metric tons 30 metric tons

'j I 1SO metric tons 1 metric ton

10 metric tons 29 metric tohs

and when each of its additional shares is almost entirely used up, and repeated. as many times as the reserve allows; whereas the initial and additional quota shares must be available for use until the end . of the quota period; whereas this method of adminis­tration calls for close cooperation between Member 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 \ thereof;

2. The second tranche of 158 metric: tons shall constitute the reserve. 1 ,

\.

Artide 3

1. If 90% or more of the initial share of a Member State, as laid down in Atticle 2 (1), or 90% of that

. share less the amount returned into the reserve, where the provisions of Article S have been applied,

: ·has been exhausted, that Member State. shall proceed Whereas if, at a specified date in the quota period, without delay, by notifyi~g the Commission, to draw ·. a considerable balance remains in one or other . a second ·share equal to 1S% of its initial share, Member State it is essential that that Member State ' .. · rounded up to the next unit where appropriate, to pays a large amount of it back into the reserve to the extent that the amount in the reserve allows. · ' prevent a part of the Community quota from remain- 2. If, after its initial share has been exhausted, 90% · ing unused in one Member State when it could be or more of the second share drawn by a Member .used in others; State has been used, that Member State shall, in

Whereas, since the kingdom of Belgium, the Kingdom· · of the Netherlands and the Grand Duchy o£ Lu:ICem• bourg are united in and represented by the Benelux Economic Union, all . transactions concerning the

ac:c:ordance with the conditions laid down in para­graph 1, proceed to draw a third share equal to 7·5.% of i~ initial share, rounded up to the next unit where . appropriate, to the extent that the amount in the ' reserve allows.

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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

· · , the same way, to draw a fourth share equal to the, third.

This process shall be applied until the reserve is · ·exhausted.

4. Notwithstanding the provisions of paragraphs 1, · 2 and 3, the Member State may proceed to draw shares smaller than those fixed in those paragraphs, if there is reason to believe that they might· not be used up. They shall inform the Comrtlissiorl of the reasons which led them to apply this paragraph.

Article 4

,. Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1976'.

Article 5

ANNEX D

The Commission shall, not later than . 5 October 1976', notify Member States of the amount in the . reserve after the return of shares pursuant to ArticleS. ·

The Commission shall ensure that any .drawing which uses up the reserve is limited to the balance

1 available and, for this purpose, shall specify the amount thereof to the Member State which makes the final drawing.

Article 7

1. The Member States shall take all appropriate measures to ensure that, when additional shares are drawn pursuant to Article 3, it is possible for charges

· to be made without interruption against their accumulated shares of the Community quota.

2. The Member States shall ensure that importers of the product concerned est:i~ished in their territory have free access to the shares allocated to them.

· The Member 'states shall return to the re- 3. The· Member States shall~ charge imports of the serve, not later than 1 Octoq~r 1976, the said goods against their share as and when the goods.

,'. l.Dlused portion of their ini ti'al share .. 1are entered for ·home use. "

t which, d! on 15 September 1976, is in excess 4. The extent to which a Member State has used up , · of 20 TO of the initial arno\Ult. They shall its share shall be determined on the basis of the , return a larger quantity if there is re&- . imports charged in accordance with paragraph 3.

son to believe that such quantity might · l. not be used. Atticlei 8

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The Member States shall, not later than 1. October · 1976', notify the COmmission of the total imports of the product concerned effected up to 15 September 1976' inclusive and charged against the Community

. quota and, where appropriate, the proportion of their initial share that is being returned to the reserve. .

Article 6

The Commission shall keep account of the shares opened by Member States in accordance with ..\rticles 2 and 3 and shall inform each of them of the extent to· which the reserve has been used as soon as it receives the notifications.

Member States shall inform the Commission at regular intervals of imports actually charged against their shares.

Article 9

The Member StateS and the ·Commission shall cooperate closely in order to ensure that this Regu-lation is observed. • · ·

·Article· 10

·This Regulation shall enter into force on 1 January 197& ..

:· ' . ~

This Regulation shall be binding in its entir~ty and direetly applicable in all Member States. · '· ' : , · , ' . · . . . . .

• ' • :~ ~J • ,: •

Done at Brussels, ' '

' For the Council. .I The Prtsidtnt

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