CELEX: 51976PC0551
Language: en
Date: 1976-10-20
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL, opening, allocating and providing for the administration of Community tariff quotas for certain textile products falling within heading Nos 55.05 and 55.03 and subheading No ex 58.01 A of the Common Customs Tariff (first half of 1977) coming from Turkey. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 551
Vol. 1976/0168
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---            COMMISSION OF THE EUROPEAN COMMUNITIES
                                                               COM(76)551 final
                                                               Brussels . 20th October 1976
                                 Proposai .for a
                   IREGULA A l'T PN ( KEC } OFFTHE COUNCIL
                   allocating;; and s,rovidin^ for the administration
       of Community tariff quotes for certain textile products
       falling within heading ;ios 55.05 and 55.03 and' sub- '
      heading No ex 58.01 A of the Common Cuetons Tariff' " *
      . ( first half of .1977) ..coming from Turkey                           f
                       ( submitted to the Council by the Commission) i
                                                              \
                                                    ('
                           \
         \
                                               /r--
COM ( 76 ) 551 Final
 ---pagebreak---                             EXPL ANATORY MICROS
  1 . As a result of negotiations 'with. (Turkey on the adjustments to
  bo made to the Association- Agreement between that country ana tne
  Community and the Additional Protocol , to take account Ox «-ho
  accession of new Member States , the Community signed in An/:ar« on
  ^0 June 1973 a SuppIcaentory Protocol . which will enter into force
  once it has been ratified .              _                          .
  In the meantime , the Community has concludes an Interim Agreement
  which in theory runs only for the period prior to the entry into
  force of this Supplementary Protocol but
                                         in order to implement , from
             1 ' t.                ' ■
  1 January 197^, certain provisi.e-ns of that Protocol relating to
  trade in goods .        _                             n
  2.     In the abovernentioned Supplementary Protocol and Interim .
  Agreement , provision is made in particular .in respect of textile ,
  product a for the opening of the following annual Community tariff quotas ,
  e ub j oct to the conditions laid down for each product :
I   CCÏÏ                                              Annual
                        Description                                      Duzy
! heading ^o                                       tariff que
  55-05 .           j Cotton yarn ,- not put j
                    j up for retail sale j         390 metri'   "C '     5% reduction
  155.09            j Other woven fabrics j
                      of cotton                  1 390 metr~ - tonrr j 75i« reduction
                                                                                     J
For a period expiring on. I.July 1977',      then
          also' determine for 'these products the allegation         ong the Member Stat
  of the coinual tariff quotas for textile products . C?\.' 3 allocation is as fol ]
 ---pagebreak---     3 - xt is not at present possible to say whether the tariff measures
    proposed for Turkey under these agreements arc to bo granted for
   197 7 on the basis of the Supplementary Protocol or of the Interim
    Agreement , • whose period of validity would have to bo extended .
         The attached Proposals for Regulations , are based on
           the' Supplementary Protoool and could therefore' "be modifiod should
    tho Protoool not oome into foroe OJV 1 January 197 7.
   Another problem arises in connection with the size of the quotas to b
  ' •• , . •    ,- firs't half of " •
opened for the / 197 7, in view of the decision taken by tho Association
   Council 'raring- June 1973 to grant Turkey treatment as favourable as
   that granted to countries benefiting from generalized tariff ' •
 • preferences# ' '                                *   '                ,
   A.-j tho decisions on the .system to be applied to tho developing          _.
   countries ' will not be taken until very late this year , -'the Cctniss'o ^
   orcposaL ^or 197~ fors?es an initial adjustment to be identical to that
   rr.aoe for 1976 with an addition , equal to 5% , of the percentage used in the
   Commissions proposal in the field of the Generalized System of Preferences .
 ---pagebreak---                                          - 3 -
  5-     Tne adjustment • of the advantages referred to under 4 , wo : lc
   therofore consist in :
           tne granting of total suspension of the              app.
                                                            ae applicable         customs
           duties and "four increases fof 5 0 fo and then   hco. of three times 5 /Min. the tar !?
           quotas for the TWO products M question ;
           tho granting of a tariff quote of 185 a© trio tons , at a ~cro
           rate of duty , . for certain carpets of wool or of fins hair
           ( heading No ex j?3.01 A );          ••
       On this basis , the tariff quotas fixed f or . the first half of 1977 , mr. :J\-
       level indicated above ;
       ~ cotton yarn ( heading 55-05 ) :  513 tonnes­
       - other woven fabrics of cotton ( heading 55.09 ) : i . 208 tonnes
       - carpets of wool or of fine hair ( heading 58,01 A ) : <53 tonnes
   o.        regards tho oconoroic information to be used ir 3 - W V- .< i                   A /.X
   the fcasis for the proposed allocation of       of •. tne
                                                         the             c;U<;
                                                                   • xx c: utj .,a s   - unf-onL'i ,
  it should . be remarked that they should bo based prxne         pri.ac . .xl 7 on Morabor
  Spates' imports , actual and estimated , epacificaliy o^i                ^         ι. ·ίφ '£·'£ζ    ΟΧ
; corning from Turkey for . the categories of products coa-;±.        coa jXderod »
  -nus , although it has bean possible to draw      draw up  up        appro*ori.ato
 information for tho yoars 197 3 to 1977 55,& navertV.
                                                     never f              h ccauûô of tao
     - eguxarity notod in imports during those those ref*  reff/ron^o years , it has
not nocessarily boon possible to deduce      ■i0Q anyany *'-•••« - isis of assessment
-■ or ohis - reason , as is customary , tho> quota
                                                 quota - \^r attributed %6 cho
  original Community have been
                                                                              •/•                 ;
                                                                                                  i ■
 ---pagebreak---                                                                                  h
                                   - 4 -
 divided into two tranches , the first tranche boir.£ allocated aaons ' '
 the Member States, and the second held as a reserve to cover any
 aûax oxonal requxrements which might corne to litfh4- in jL vlrt<, rt *- v   ..
 of paragraph. 2, uplifted as indicated in paragraph 4 aCo.                 ^
  . The Proposal for a Begulation on textile products provides for
a single method of counting imports against quota shares in the
hember States concerned , namely as' and when they are' entered for'
hoajo USG .                                                            ■
 ---pagebreak---                                      jProposal for a
                       KECOLA'TXOII (EEC ) ^         CJ TH3 CCUIvCIL
                 opening- allocating and 'providing for tho administration
                 ci Communrcy tariff quotas for oertain teresile produots
                 falling within headings Xoo 55.05 and 55. 09 and subheading
                2To es: £3,01 A of tho Common Customs Tariff Cthe first half of 1977)
                 coming from Turkey
    />û!, CCOÎÎCÀ L OP THE EURO-HEAiT CC?'3M3IŒTIES,
    r-aving regavo. »o the Treaty establishing -tho European Eoonomio
    Community , and in particular Artiole 113 -thereof;                              ■
   Having regard to tho proposal from. the Commission.;           '•     .
   Wheroas 7 under tho teres of Article 7' of 'the Supplementary Protocol'
   signed in Ankara 011 30 June 1973 containing tho adjustments to "bo
   made to tho Agreement establishing an Association between tho European '
  economic Community and Turkey and to the Additional Protocol1 consequent'
  on tho Accession of new Kember States, tho" Community ia repaired, each year, t
  reauoe by 1% the customs duties on imports from Turkey of oertain
   wextil© products falling within' heading Kos "55.05 and ■ 55.0$ of the
■ Common Cuctocio Tariff, within the limit of annual Community tariff
  q-aotas of 390 metric tons for cotton yarn and 1 390 metric tons for
  woven fabrics of ootton, whereas Artiole 14 of the above-cent ionad
                                                                           „ follows
- for cotton > arn :
      JGO metrio tons to the Community as ' originally constituted, 40 metrio
     ■Sons to Denmark, 10 metrio tons to Ireland and 40 metrio tons to tho
    United Kingdom :                          .          •• •
             '      '                        . .  .
                                                                     . . •/.. .
   ^ i:o L 25/3 , 29 Decomber - 1972 » p. A
 ---pagebreak---          for woven fabrios of ootton:
     ^ • j 000 metrio tons to the Coonrealty as originally constituted,
         20 metrio tons to Earmark, 10 metrio tons to Ireland and 360 netrio
         tons to the United Kingdom ;
      Whereas , moreover, it appears dosirablo to provide for a provisional
      adjustment of the tariff advantages for these goods :
     ~ for the Community as originally constituted by a total suspension
 ; of the customs duties of the Common Customs Tariff, and increases of
         quota volumes for thfese Member States ,                   -
 - - for tho new Member States by a total suspension of the duties
        applicable within the limits of tho 'quotas fijeed above , inoreased
        in 'the GuifiG proportion ;
                                     . .           t % ,   >« ■ < •   .
  Whereas the quota volumes to be opened for the first half of 1977 , are thus
  L'briL'oTcottof; IT""                         ""•»*«■>. – .1 208 tonnes for other' woven
    vJnereas pursuant to Artiole 1 of Annex JTo 2 to tho Additional
    Protocol together with Article 9 of the Supplementary Protocol, for
          duration O J. 1$J 7 in particular, the Community must reduoe partially
   the duties applicable in respect of third countries to carpets ,
■ carpeting'and rugs,' knotted (made Mp or not ) of wool or of fine
   animal hair (with the exception of hand-mado carpets) imported from
   Tus-iCey; whereas it also appears advisable to improve this tariff
   wdvantcge                      ■ hy mearj3 a                     suspension of the duties
   applicable to the_products in question within a Comnuriity tariff
   quota fixed initially at 185 metrio tons and allocated i» accordance
  wit A the same percentages as those adopted for 1$7 6-
  rfhereas , in order to comply with the special provisions of the
  Supplementary Protocol, different sysrfcems should be provided for the
member States of the Community as originally constituted and for the
now i-iombor States ;        "" 1        l,!* '■ .       •'                 •• >•
 ---pagebreak---                                                •? 3 -
         tfhcreas , as'regaras tho Community as originally constituted ;
         –■ equal and continuous aooess tc the quotas should "bo ensured
            for all importers ana tho rate of duty for "the "tariff quotas
             snould be applied consistently to all imports on tho product-
            in quosu^t_*AA un^il oho quotas are o^chaustedj             '
        - m tho light of theso - principles , arrangements for the utilization
            ox t-ho3e tariff quotas "based on an allocation amoiig Member
            States would socm to bo consistent with the Community nature of
           the quotas ; whereas ? in order that it may correspond as clearly
           as possible to the actual trend of the market in the product in
           question., allocation of the quotas should be in proportion to the
           requirements of tno Member States as calculated by reference to '
           statistics of imports from Turkey during a representative reference
           period and to the economic outlook for the quota period in                      V
           quo » Lionj v.hereas"j in spite of tho limited - njed for imports from
          Turkey of the products concerned , as shown by tho statistics for
          the majority of the Member States tho Com–unity character of the '
          tarix? quotas concerned should bo safeguarded by making provisions
          to oover needs which might" • 'arise in these Member States ;
                                                   i           •
      - imports into the various ^ Member States from Turkey were as follows
  Γ       during tho past -three years for which complete statist i.o are
         available j            ■                     .                                • '
                          1973                   1974                            :v /
                      motrio       .%      . metric     ... fo    .        metric
                      TJons                  tons                          tons
Co'b'co n vri'cn
                                         i
Cerma:v              10 734 , . 42.56 ' 6 333           29.01 '           14,196         51.63
BoRoliax              6 J95 "     26.95 ; 7 000         2>2'.Ol "     "    4 , 255       15.48
tranca             .    162 .      O.64 : 1 806           8.27             1,044           3.80
                     7 527        29.85 ' 6 690 ' ' '30.65 .        ' '    7,, 99s . 6   ify.uy
 ---pagebreak---                                                                                                              /</
                                                         1973                  1974                     1975
                                              metrio           %
                                                               '
                                                                  . -ι-metric            ^
                                                                                         '
                                                                                                  metric
                                               ; ons                -tons                         tons
 • Ot her woven fabrics'
  ■  i ■■■»»■–.■■.i. i . WIIMIM , rnm.m\ .                  .i
   of cotton
   CGrma1^                                 ' ' ô77': *30.62 456                    • 24.52 • . 151               10.50
  3onelux                                       953 " 33.27 1,000 .                   53.76          948         65 91
  ïtan.CQ                                      412         14.39 . 194                10.43            95         6.61
  I-fcàly .
 *r-f-
                                                ^22     _ 21.72         210           11.29          244.2       16.98
 - in view of these' fibres and foreseeable market trends for the products
       conoerned duila* 1277 , 'tho'initial shares may "bo fixed approximately at
     the' following' percentages :                                              _' _
                                                Cotton yarn                 Other woven fabrics of cotton
     Germany                                           44.7                                 23.1
     Bénélux                                         '20                                    30.8
     Juanee                                              53                                 34 .6
                                                   »
    Italy                                              30                                   11.5
waereas , to take aocount of fixture import trends for the product ooncerned,
each quota should he divided into two tranches , the first "being allocated
ana the seoond held as a reserve to cover subsequently the requirements
of Member States^ which have exhausted their initial shares; wheross, to
givo importers some degree of certainty, the first tranche of the quotas
"hoald "be f-^ed it a relatively high level , approximately 73 $ of their
fall amounts : • '                                                                  •        .■
 ---pagebreak---                                      - 5 -
- ;tfeciber States j-a&y exhaust their initial shares at different
. .           ....                      *
     rates ; whereas to avoid*- disruption of ' supplies 'on' this aocouxrt it - ■'
     should "be provided that any Member State which, hag almost used
    up one of its initial shares should draw an additional share
    from tho reserve : whereas eaoh tiKa its additional share is
    almost exhausted a Member State should draw a further share , and
    so on as many , tiraes as the reserve allows ; whereas tho initial
    ana additional shc-res should "be valid until tho end of the quota
    period ; whereas 'A hia form of administration requires close
    collaboration "between the Member States and tho Cornmission , and
    the Commission must "be in a position to keep account of tho extent
    to which tho quotas have "been used up and to inform, the T'leniber
    States aooordingly ;                                         .
    if at a given date in the quota period a considerable quantity of
    one of a Member State 's initial shares regains unused it is essential ,
    to prevent a part of one of the quotas from remaining unused in one
    Member State while it could 'be used in others , that such Stato should
    return a proportion t heroof ic the reserve ; -                         . .
    since the - Kingdom of Belgium , tho Kingdom of the Netherlands and the .
    Grand Duchy of Luxembourg are united within and jointly represented
    by. the Benelux Economic Union ., ary transaction in respect of the
    adainietration of tho shares allocated to that Ecoapaio Union cay .
    bo carried out by ary one of its members :        •                           ■
         I                                     .      •    '
                                                     '  '    " 1    .    ''     .   * »
Ihereas as regards tho now Member States in particulars
- the quota voluir.es to bo allocated J-o those new Member States under             •
    Article 14 of tho Supplementary Protocol as well as tho duties to . • ;
    be applied in those Member states for the purposes of those quotas
    determined in accordance with iurtio.-1 @ p of tho said Protoool , aro to bo
    adjusted as set out below;
                                            I
 ---pagebreak---                                      - t -
   *■ ©£jual       continuous & OOGQS "to *fcho cjuo"fc^s should "BG GZXDUPOCL
      for all importers and -the rate of duty for the tariff quotas
      should "bo applied consist ently to all imports of the produota
      concerned until the' quotas are exhausted .
   HAS ADOPTED THIS REGULATION;           ' ->       •   ' •
                      • .          Art x ole 1
  1 . From 1 January and until 30 June _                     . Community tariff
       quotas be opened for the following produots coming froa
       TurJcoy , as shown 'below;
2 . The quotas shall "be allocated arid- adainister.ed in aocordanoe
     .with the following provisions i "•                                   • ' '
                                   SECTION I •     '
       RL-ovlaiong relating to the Community as originally constituted
                                  Article 2
1 . Within the quota Customs Tariff duties shall "be totally
     suspended within the limit of 435 j^a-t^io tons
 ---pagebreak---                                       - 7 -
    for cotton yarn not put up for retail sale , " 68           metric tons for
    other woven fabrics of cotton , and 65      metric tons for carpfits
    made of wool or fine animal hair .      ■■■■••.
                                  Article
   1 .. She quotas reforred to in Article 2 shall be divided into two
   t ranches .
   2.   2ii© first tranche of' each of these quotas shall be allocated
  ozioxis the Member Staves ;   the shares which , subject to Article 6 ,
  shall be valid until •    30 June 1977 ,    - shall be as follows :
                                                                  ( in metric tons )
                                                         'CT heading Ko
                                             55-05          55 . 09            ex 58.01 A
   . Germany.                  . ■              142          147        '•          18
     3enelux         ■                           64          195      -      .       7
     France                                      17 '        219                    13
     Italy                                       95           . 73                   9
                                                318          634           •        47
   iiio second tranche of each quotes amounting to 117 , 234 and iB mo trio
  tons respectively , shall constitute the corresponuing reserve.'
                                                                                 1
                                 Article k        :       ,
1..i.s soon as a Member State has used 90% or more of one of its initial
  shares as fixed in Article 3(2 ), 'bi°""of that sh&i o minus any portion ■
  returned to. the resorvo pursuant to 'Article o , i -1' " shall forthwith , by
  notifying the . Commission , draw     second ' share ,• to .tho extent that the roi-or
 ---pagebreak---                                                * 8 -•
        so permits , equal to X5% of its initial share rounded as necessary
        up to the next whole number .              •
        2.\ As roon as a Member State , afber exhausting one of its initial
        shares , has used 9V% or more of the second share drawn by it , that
       member Sta^o shall forthwith , in the manner and to the extent
       provided in paragraph 1 , draw a third share equal to ?.$% of its
              v»ial share .
               As COOr* as a Member' State , after exhausting its second share ,
       hashed 905^ or more of the third share drawn by it, that Member
      State shall ,_ in the same manner and to the same extent , draw, 'a
      fourth share equal to the third .
     It sha^.1 continue in this fashion until the reserve is exhausted .
          . By Way of derogation from paragraphs'!; 2 and 3 , a Member Stato
     may.araw shares lower than those specified in those paragraphs if
     taore are grounds for believing that those specified may' not be used
     xn full . Any Member State applying' this' paragraph shall inform the
    Cowv.isoion of its grounds for so doing.
            •       •         '            Article 5
 '                     I »
     ' ddxtional shares drawn pursuant tc Article k ehall be' valid until
       30 June         19? 7#          v         . ^  .. ■ "               . . •
                                          Article 6
   , ne rfomoer States shall return to the reserve, not later than j
.1 May 1977, the unuoed portion of their initial share which, '
   ^ ^ Apri^. 197 7, is m excess of 20 % of the initial amount .
             may return a greater portion if there are grounds for
   Doiievxng that such portion may not be used in full
 ---pagebreak---                                             - 9 -
     Member States shall , not lator than 1           May        1977 , notify tho
     Commission of tho total quantities of tho product in question,
     imported up to and including 15 'April '              197 7 and charged against
     tho Community quotas and of any portion of their initial shares to
     each of tho reserves .
                                         Article- 7
    Sho Commission shall keep an account of tho 'shares opened by tho
    Member States pursuant to Articles 3 and k and shall , on receipt of
    the information , infer." each State of the extent to which the
    reserves have been 'used up .            '     \
    It shall , not later than        May         197.      inform the Xernbcr States ■
    of the amounts still -in reserve following any ro'cv.rn'.of shares'
   pursuant to Article 6 .                                             ::
   I "i , shall ensure tha.t when on, amount exhausting one of the reserves
   is drawn the' amount so drawn does not exceed the balance available ,
   and to this end shall notify' tho amount' of that balance to ,tho Komb'er
   State making tho last drawing.'                         '                       ;
                                   •  ■              /
                                         Article 8
   •l . Every Member State sir- all take all appropriate - meacures to ensure
   that additional shares ■ drawn pursuant to Article h are opened in
   such 'a way that importations may bo charged without interruption
   against its accumulated sharo of the Community quotas .
                                        'SECTION II
                           Provisions relating to the new Kcmboj,- States
                            i .. ■                     i '             .  .    .•     ^ •
i,
                                         Article 9
   x . V.xthia the tariff quotas referred to in Article 1 ,. the following
                                          I                  ».                 J
   snarec snail bo allocated to the nov; Kemb or Statos :
                                                                                  •/.
 ---pagebreak---                                       10 -
    . Within, the limits of these quotas , the now Member States shall
   aPPly zero duties for the textile products concerned .
                                  SECTION III   '
                                                                  a
                             General provisions
                                  Artici o 10           ■'
       Every member State shall take all measures necessary to ensure
  tnat importers of the product in question established in its territory
  have j.ree access to the shares allocated to it .            t
                   1                     \   •
      i-very Member State shall charge importations of the products in
 question against its share as and when such' products are entered with ■
 tne customs autnorities for home use ."
      2ne extent to which a Member State has used up its share shall bo ■
 aoterramed on the basis of the importations against that share in
 accordance with paragraph 2 .         :   '
                                 Article II - 1
                                                    »
-very Aeaoor State shall notify the Commission at regular iatorvals
Ox uhe importations chargod against its shares . '
 ---pagebreak---                                 Article 12
 She Member States and the Commission shall cooperate closely to
 ensure that this Regulation is conpliod with .
                                Article 13
2his Regulation shall enter into foroe on 1 January 1977 .
This Regulation shall bo binding in its entirety and directly
applicable in all Keraber States .
            »
UQTiQ at Brussels ,           •                   For the Council
                                                  The President