CELEX: 31978R1926
Language: en
Date: 1978-07-25 00:00:00
Title: Council Regulation (EEC) No 1926/78 of 25 July 1978 on the opening, allocation and administration of a Community tariff quota for processing work in respect of certain textile products under Community outward processing arrangements

16 . 8 . 78                          Official Journal of the European Communities                            No L 225 / 11
                                    COUNCIL REGULATION (EEC) No 1926/78
                                                     of 25 July 1978
               on the opening, allocation and administration of a Community tariff quota for processing
               work in respect of certain textile products under Community outward processing arrange­
                                                          ments
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        1 January to 31 August 1979 ; whereas the Community
                                                                tariff quota in question should be opened initially for
                                                                the period 1 September to 31 December 1978 to cover
                                                                four-twelfths of the annual amounts ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thereof,
                                                                Whereas provision should be made in particular to
                                                                ensure equal and continuous access for those concerned
                                                                with this quota and consistent application of the rate of
Having regard to the proposal from the Commission,              duty prescribed for the said quota until the quota is
                                                                exhausted, to all goods reimported into any of the
                                                                Member States and which have received one or other of
Whereas on 1 August 1969 the Community concluded                the treatments listed above ; whereas, in the light of
an arrangement with Switzerland on processing traffic           these principles, arrangements for the utilization of the
in textiles ; whereas under that arrangement the Com­           quota based on an allocation among the Member States
munity undertook to open on 1 September of every year           would seem to be consistent with the Community
an annual duty-free Community tariff quota for                  character of the said quota ; whereas it therefore seems
processed goods of 1 870 000 units of account of added           appropriate to make the allocation on the basis of the
value, apportioned as follows :                                  amount of the traffic under the previous bilateral
                                                                 agreements, but without precluding participation by
                                                                 Member States not previously involved in such traffic,
( a) 1 650 000 units of account for processing work on           among which the new Member States are included ;
      woven fabrics falling within Chapters 50 to 57 of          whereas, to safeguard the Community character of the
      the Common Customs Tariff,                                 quota, provision should be made to meet requirements
                                                                 which may arise in those Member States in the future
                                                                 permitting them to draw adequate amounts from the
(b) 143 000 units of account for the twisting or throw­
                                                                 Community reserve ;
      ing, cabling and texturizing (whether or not com­
      bined with other processing works) of yarns falling
      within Chapters 50 to 57 of the Common Customs
      Tariff,                                                   Whereas to take account of future trends in the traffic
                                                                in question in the various Member States , the total
                                                                quota volume of 623 334 units of account should be
( c) 77 000 units of account for processing work on             divided into two tranches , the first being allocated
      products falling within heading Nos 58.04 , 58.05 ,       among certain Member States and the second held as a
      58.07, 58.08 , 58.09 and 60.01 of the Common              reserve to cover the subsequent requirements of
      Customs Tariff;                                           Member States when one of their initial shares has been
                                                                 exhausted and also, requirements which may arise in
                                                                 certain Member States in respect of processing work for
Whereas, in order that the division of the whole quota           which no initial share of the quota was allocated ;
into the three categories referred to above shall corre­         whereas, in order to give the parties concerned in each
spond more exactly with the actual movement of trade             Member State some degree of certainty, it would seem
during the reference year or during previous quota               appropriate to fix the first tranche of the Community
periods as well as with the foreseeable movement of              quota at a relatively high level, namely 546 667 units of
trade during future quota periods, it has been decided to        account; whereas the total Community reserve of
                                                                 76 667 units of account shall consist of amounts drawn
adjust the said allocation between the three categories
by giving them 1 520 000, 123 000 and 227 000 units              from the allocations in respect of each category, that is
of account respectively; whereas the application of the          53 334, 4 333 and 19 000 units of account respectively ;
 European unit of account as from 1 January 1979 to
 Acts adopted l?y the institutions of the European
 Communities nevertheless requires that the quota               Whereas the Member States may exhaust their initial
 period be divided into two parts, one being from               shares at different rates ; whereas to avoid disruption of
 1 September to 31 December 1978 , and the other from           supplies on this account it should be provided that any
 ---pagebreak--- No L 225 / 12                           Official Journal of the European Communities                                 16 . 8 . 78
Member State which has almost used up one of its in­                   58.05 Narrow woven fabrics, and narrow fabrics
itial shares should draw an additional share from the                           (bolduc) consisting of warp without weft
reserve ; whereas each time its additional share is almost                      assembled by means of an adhesive, other
exhausted a Member State should draw a further share,                           than goods falling within heading No 58.06,
and so on, as many times as the reserve allows ; whereas               58.07 Chenille yarn (including flock chenille yarn),
the initial and additional shares should be valid until the
                                                                                gimped yarn (other than metallized yarn of
end of the quota period ; whereas this form of adminis­                         heading No 52.01 and gimped horsehair
tration requires close collaboration between the                                yarn); braids and ornamental trimmings in
Member States and the Commission, and the Com­
                                                                                the piece; tassels, pompons and the like,
 mission must be in a position to keep account of the
 extent to which the quota has been used up and to in­                 58.08 Tulle and other net fabrics (but not including
 form the Member States accordingly ;                                           woven, knitted or crocheted fabrics), plain,
                                                                       58.09 Tulle and other net fabrics ( but not including
Whereas if at a given date during the quota period a                            woven, knitted or crocheted fabrics), figured;
considerable quantity of a Member State's initial share                         hand or mechanically made lace, in the piece,
remains unused it is essential, to prevent a part of the                        in strips or in motifs,
quota from remaining unused in one Member State
while it could be used in others, that such State should               60.01 Knitted or crocheted fabric, not elastic or
return a significant proportion thereof to the reserve;                          rubberized .
Whereas , since the Kingdom of Belgium, the Kingdom
of the Netherlands and the Grand Duchy of Luxem­
                                                                   2 . For the purposes of this Regulation :
bourg are united in and jointly represented by the
Benelux Economic Union, any transaction in connection              (a) 'processing work' means :
with the administration of the shares allocated to that
economic union may be carried out by any one of its                    — for the purposes of paragraph 1 (a) and ( c):
members,                                                                    bleaching, dyeing, printing, flocking, impregnat­
                                                                            ing, dressing and other work which changes the
                                                                            appearance or quality of the goods, without
                                                                            however changing their nature,
                                                                       — for the purposes of paragraph 1 (b) : twisting or
                                                                            throwing, cabling and texturizing, whether or
HAS ADOPTED THIS REGULATION :                                               not combined with reeling, dyeing or other
                                                                            work which changes the appearance, quality or
                                                                             finish of the goods, without however changing
                                                                             their nature ;
                           Article 1
                                                                  (b) 'value added' means : the difference between the
1 . From 1 September to 31 December 1978 , a Com­                       value for customs purposes as defined in Regu­
munity tariff quota of 623 334 units of account of value                lation (EEC) No 803 /68 ( 1) at the time of re-im­
added shall be opened in the European Economic                          portation and the value for customs purposes as it
Community in respect of goods resulting from process­                   would be if the products were re-imported in the
ing work as provided for in the arrangement with Swit­                  state in which they were exported.
zerland on processing traffic in textiles. Such quota shall
be apportioned as follows :                                       3 . Each portion as laid down in paragraph 1 shall be
                                                                   divided into two tranches, the first being allocated
(a) 506 667 units of account for processing work on                among certain Member States in accordance with
      woven fabrics falling within Chapters 50 to 57 of            Article 2 ( 1 ) and the second being used to constitute a
      the Common Customs Tariff;                                   reserve which shall be common to the three categories
(b) 41 000 units of account for twisting or throwing,              of processing.
      cabling and texturizing (whether or not combined
      with other processing work) of yarns falling within          4. Within this tariff quota, the Common Customs
      Chapters 50 to 57 of the Common Customs Tariff;              Tariff duties shall be totally suspended.
(c) 75 667 units of account for processing work on
                                                                  5 . Re-imports of products resulting from this pro­
      articles falling within the following headings of the
      Common Customs Tariff:                                      cessing work may not be charged to the tariff quota if
                                                                  they are already free of customs duties under other
     58.04 Woven pile fabrics and chenille fabrics (other         preferential tariff arrangements.
              than terry towelling or similar terry fabrics
              of cotton falling within heading No 55.08
              and fabrics falling within heading No 58.05 ),       (^ OJ No L 148 , 28 . 6 . 1968 , p. 1 .
 ---pagebreak--- 16 . 8 . 78                            Official Journal of the European Communities                                No L 225 / 13
                          Article 2                                                        Article 3
1 . The first tranche of each portion of the quota as laid        In case of need, either in France in respect of the pro­
down in Article 1(1 ) shall be allocated as set out below         cessing work referred to in Article 1 ( 1 ) (b), or in any of
among the Member States listed in the above arrange­              the new Member States in respect of any of the
ment; the shares, subject to Article 6, shall be valid            categories of processing work, the State concerned shall,
from 1 September to 31 December 1978 .                            to the extent that the reserve so permits, draw from
                                                                  such reserve a sufficient share of the quota.
(a) Germany :
     360 000 units of account, apportioned as follows :                                    Article 4
     — 283 334 units of account for processing work
                                                                  1.  If a Member State has used 90 % or more of one of
          on woven fabrics falling within Chapters 50 to
          57 of the Common Customs Tariff,                       its initial shares as fixed in Article 2 ( 1 ), or of that share
                                                                  minus any portion returned to the reserve pursuant to
     — 33 333 units of account for twisting or throw­             Article 6, it shall forthwith, by notifying the Com­
          ing, cabling and texturizing (whether or not            mission draw a second share, to the extent that the
          combined with other processing work) of yarns           relevant reserve so permits, equal to 10 % of its initial
          falling within Chapters 50 to 57 of the Common          share, rounded up as necessary to the next whole
          Customs Tariff,                                         number.
     — 43 333 units of account for processing work on
          products falling within heading Nos 58.04,             2 . If a Member State, after exhausting one of its initial
          58.05 , 58.07, 58.08 , 58.09 and 60.01 of the          shares, has used 90 % or more of the second share
          Common Customs Tariff;                                  drawn by it, that Member States shall, in accordance
                                                                  with the conditions laid down in paragraph 1 , draw a
(b) France:                                                       third share equal to 5 % of its initial share.
     173 334 units of account, apportioned as follows :
                                                                 3 . If a Member State, after exhausting its second share,
     — 166 667 units of account for processing work              has used 90 % or more of the third share drawn by it,
          on fabrics falling within Chapters 50 to 57 of         that Member State shall, in accordance with the same
          the Common Customs Tariff,
                                                                  condition, draw a fourth share equal to the third.
     — 6 667 unite of account for processing work on
          products falling within heading Nos 58.04,
          58.05 , 58.07, 58.08 , 58.09 and 60.01 of the           This process shall continue to apply until the reserve is
                                                                  exhausted .
          Common Customs Tariff;
( c) Italy:
                                                                 4 . Notwithstanding paragraphs 1 to 3 , a Member State
     6 666 units of account, i.e. half for twisting or           may draw shares lower than those specified in those
     throwing, cabling and texturizing (whether or not           paragraphs if there are grounds for believing that those
     combined with other processing work) of yarns fal­          specified may not be used in full. Any Member State
     ling within Chapters 50 to 57 of the Common                 applying this paragraph shall inform the Commission of
     Customs Tariff, and half for processing work on             its grounds for so doing.
     products falling within heading Nos 58.04, 58.05 ,
     58.07, 58.08 , 58.09 and 60.01 of the Common
      Customs Tariff;                                                                      Article 5
(d) Benelux :                                                    Additional shares drawn pursuant to Article 4 shall be
                                                                 valid until 31 December 1978 .
     6 667 units of account for processing work on
     threads and woven fabrics falling within Chapters
     50 to 57 or for products falling within heading Nos
     58.04, 58.05 , 58.07, 58.08 , 58.09 and 60.01 of the                                  Article 6
     Common Customs Tariff.
                                                                 The Member States referred to in Article 2 shall, not
                                                                 later than 1 December 1978 , return to the reserve the
                                                                 unused portion of their initial share which, on
2.   The second tranche which amounts to 76 667 units            15 November 1978 , is in excess of 20 % of the initial
of account shall constitute a Community reserve which            volume. They may return a greater portion if there are
may be used for the three categories of processing.              grounds for believing that it may not be used in full.
 ---pagebreak--- No L 225 / 14                        Official Journal of the European Communities                                  16 . 8 . 78
Member States shall, not later than 1 December 1978 ,           Article 4 are opened in such a way that re-importation
notify the Commission of the total quantities of the            may be charged without interruption against their
product in question re-imported, up to and including             accumulated shares of the quota.
15 November 1978 , and charged against the Com­
munity quota and of any portion of their initial quotas         2 . Every Member State shall ensure that all persons
returned to the reserve .                                        established in its territory involved in the processing
                                                                 traffic have free access to the shares allocated to it.
                         Article 7
                                                                 3 . The extent to which a Member State has used up its
                                                                 shares shall be determined on the basis of the value
The Commission shall keep an account of the shares               added, as established when upon re-importation the
opened by the Member States pursuant to Articles 2 , 3           products concerned are entered with the customs
and 4 and shall, as soon as the information reaches it,          authorities for home use .
inform each State of the extent to which the reserve has
been used up .
                                                                                          Article 9
It shall, not later than 5 December 1978 , inform the
Member States of the amounts still in reserve following          At the request of the Commission, the Member States
any return of shares pursuant to Article 6 .                     shall inform it of re-importations charged against their
                                                                 shares .
It shall ensure that when an amount exhausting this
reserve is drawn the amount so drawn does not exceed
                                                                                         Article 10
the balance available, and to this end shall notify the
amount of that balance to the Member State making the           Member States and the Commission shall cooperate
last drawing.                                                   closely to ensure that this Regulation is complied with.
                         Article 8                                                       Article 11
1 . Member States shall take all appropriate measures           This Regulation shall enter into force on 1 September
to ensure that additional shares drawn pursuant to               1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member States .
              Done at Brussels, 25 July 1978 .
                                                                                     For the Council
                                                                                       The President
                                                                                    K. von DOHNANYI