CELEX: 51975PC0274
Language: en
Date: 1975-06-11
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 headings Nos 55.05 and 55.09 and subheading No ex 58.01 A of the Common Customs Tariff (1976) coming from Turkey (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 274
Vol. 1975/0097
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM(75 ) 274 final
                                          Brussels . 11 June 1975
                         Proposai for a
                     I :
                REGULATION ( EEC ) OF THE COUNCIL *
      opening , allocating and providing for the administration
     of Community tariff quotas for certain textile products
   <  falling within headings Nos 55.05 and 55.09 and sub­
     heading No ex 58.01 A of the Common Customs Tariff ( 1976 )
     coming from Turkey
         ( submitted to the Council by the Commission )
          . \                  :        -                 i
                                                     v
COM(75 ) 274 final
 ---pagebreak---                                    EXPLANATORY MEMORANDUM
 1.  As a result of negotiations with Turkey on the adjustments to
 be made to the Association Agreement between that country and the
 Community and the Additional Protocol , to take account of the
 accession of new Member States , the Community signed in Ankara on
30 June 1973 a Supplementary Protocol . which will enter into force
once it has been ratified .
In the meantime , the Community has concluded 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 January 197^ j certain provisions of that Protocol relating to
trade in goods .
2.   In the abovementioned Supplementary Protocol - and Interim
Agreement , provision is made in particular in respect of textile.
produots for the opening of the following annual Community tariff cfuotaS |
subject to the conditions laid down for each product :                                            ,
 CCT                        t,      ...                                 Annual
heading No                  Description                              tari« quota            Du ty
                        j
55.05       -     ''      Cotton yarn ,- not pût            . À «'       '       ' ■V '
                          up for retail sale             I           390 metric tons | 75#      réduction
55.09                     Other woven fabrics
                          of cotton                         1 390 metric tons 75% réduction'
         . ■ <
                 w
                                           y '
     . ;   «.-• • ' / ,        : '  !  i .     V ..  f .. ;  ,     .       • • ■      > . •
They also determine for these products the allocation among the Member States
of the annual tariff quotas for textile products . This allooation is as follows
 ---pagebreak---    Cotton yarn ( heading No 55-05 )
   Community as originally constituted                             500 metric tons
   Denmark               ■ »          '                             kQ metric tons
   Ireland                                                          10 metric tons
   United Kingdora                     ,     .                      ^0 metric tons
   Other woven fabrics of cotton ( heading No 55-09 )
   Community as originally constituted                           1 000 metric tons
   Denmark                                                          20 metric tons
   Ireland                                                          10 metric tons
   United Kingdora                                                 360 metric tons
        It is not at present possible to say whether the tariff measures
  proposed for Turkey under these agreements axe to be granted for
  1975 on the basis of the Supplementary Protocol or of the Interim
  Agreement , whose period of validity would have to be extended .
      The attached Proposals for Regulations ,           are based on
         the Supplementary Protocol and could therefore "be modified should
   the Protoool not oome into force on 1 Januaiy 197 6 .
  Another problem arises in connection with the size of the quotas to
  be opened for 1975 , in view of the decision taken by the Association
  Council during June 1973 to grant Turkey treatment as favourable as
  that granted to countries benefiting from generalized tariff               •
• preferences*' ' '                                                      ..
                                    1   • .<   4 • • •      1
  As the decisions on the system to be applied to the developing                 ,
  countries ' will not be taken until very late this year , it seems
  appropriate to make provision, in the proposals for 197^ f for the initial
  adjustment to be identical to that made for 1975 and for the situation to
  be reviewed either during the Council 's deliberations if that were -possible ,
  cr if necessary in 1316 ,                            .       '
 ---pagebreak--- 5 .      The adjustment of the advantages referred to under 4 , would
 therefore consist in :
     ( i ) the granting of total suspension of the applicable customs
           duties and "two increases of 50 % and. then of 5 fo In the tariff
           quotas for the two products in question ;
   ( ii ) the granting of a tariff quota of 166 metric tons , at a zero
           rate of duty , for certain carpets of wool or of fine hair
           ( heading No ex 58.01 A ) ;
 ( iii ) provision for a review of the above: tariff quotas 'as a result of
           the Decision taken in the context of the Generalised Tariff Preferences
           System .
g.      As regards the economic information to be used in determining
■she basis for the proposed allocation of the tariff quotas Concerned ,
it should be remarked that they should be based principally on Member
States' imports , actual and estimated , specifically originating in or
coming from Turkey for the categories of products considered .
                                                       •  ■% .(
Thus , although it has been possible to draw up the appropriate
information for the years 1972 to 1974 , nevertheless because of the
irregularity noted in imports during those reference years , it has
not necessarily been possible to deduce any firm basis of assessment *
For this reason , as is customary , the quota volumes attributed to the
 original Community have been
 ---pagebreak---                                      k
 divided into two tranches , the first tranche being allocated among
 the Member States , and the second held as a reserve to cover any
 additional requirements which might come to light in those Member States .
 The quotas of the new Member States are fixed in accordance with the provisions
 of' paragraph 2 , uplifted as indicated in paragraph 4 above .
7 .   The Proposal for a Regulation 021 textile products provides for
 a single method of counting imports against quota shares in the
 Member States concerned , namely as and when they are entered for
 home use .
3 •   It should be noted in addition that the proposed rules for
 allocation of the tariff quotas among Member States and the method
 of administering ' the quotas have already been examined at a meeting
 of the " Sconomic Tariff problems " Group between 14 and 18 April 1975 ,
and that the Member States experts gave a favourable initial opinion on them .
 ---pagebreak---                             Proposal for a
                REGULATION (EEC)         J OP THE COUNCIL.
           opening, allocating and providing for the administration
           of Community tariff quotas for certain textile product s
           falling within headings Ho a 55*05 and 55*09 and. subheading
           No ex 58*01 A of the Common Customs Tariff (1976) ooming
           from Turkey
 THE COUNCIL OP THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Eoonomio
Community , and in particular Article 113 thereof;
Having regard to the proposal from the Commission; (      '
Whereas , under the terms of Artiole 7 'of the Supplementary Protocol
signed in Ankara on 30 June 1973 oontaining the adjustments to be
made to the Agreement establishing an Association between the European
                                                                1
Eoonomic Community and Turkey and to the Additional Protocol      oonsequont
on the Aocession of new Member States , the Community is required, each year, to
reduoe by 7 "the customs duties on imports from Turkey of oertain
textile produots falling within heading Nos 55*05 and 55*09 of the
Common Customs Tariff, within the limit of animal Community tariff
quotas of 390 metrio tons for ootton yarn and 1 390 metrio tons for
woven fabrics of ootton, whereas Artiole 14 of the above-meirfc ioned
Supplementary Protocol allooates these Community tariff quotas as follows :
– for cotton yarns
   300 metrio tons to the Community as originally constituted , 40 metrio
   tons to Denmark, 10 metrio tons to Ireland and 40 metrio tons to the
   United Kingdom ;
1 ôo No L 293» 29 December 1972» P» 4.
 ---pagebreak---  – for woven fabrics of ootton :
    1000 metrio tone to "the Commvnity as originally constituted ,
   20 metrio tons to Denmark , 10 metric tons to Ireland arid 3^0 metric
   tons to the United Kingdom ;
Whereas , moreover , it appears dosirable 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
   SO '/J and then of 5 /" of the volume of quotas allocated to those I 'ember States ;
– for the new Kember States by a total suspension of the duties
   applicable within the limits of the quotas fixed above , inoreased
   in the same proportion ;
whereas these adjustments may , if necessary , be reviewed during the
tariff year ;
Uhcreas pursuant to Artiolo 1 of Annex No 2 to the Additional
Protocol together with Article 9 of the Supplementary Protoool , for
the duration of 197° in particular , the Community must reduoe by 2 ^jf0
the duties applicable in respect of third oountries to carpets ,
carpeting and rugs , knotted (made up or not ) of wool or of fine
animal hair (with the exception of hand-made carpets ) imported from
Turkey ; whereas it also appears advisable to improve this tariff
advantage provisionally by means of a total suspension of the duties
applicable to the products in question within a Community tariff
quota fixed initially at 168 metrio tons and allocated in acoordanoe
with the sane percentages a3 those adopted for 1975 ;
Whereas , in order to oomply with the special provisions of the
Supplementary Protocol , different systems should be provided for the
Member States of the Community as originally constituted and for the
new Kember States :
 ---pagebreak---     Whereas , as regards the Coiaratmity as originally constituted:
    – equal and continuous aooess to the quotas should tie ensured
        for all importers and tho rate of duty for the tariff quotas
        should be applied consistently to all imports on tho product .
        in question until the quotas are exhausted ;
    ~ in the light of these principles , arrangements for the utilization
       of these tariff quotas "based on an allocation among Member
        States would seem to "be 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 the Member States as calculated by reference to '
       statistics of imports from Turkey during a representative referenoe
       period and to the economic outlook for the quota period in
       question; whereas-, in spite of the limited need for imports from
       Turkey of the products concerned , as shown by the statistios for
       the majority of the Member States the Community charaoter of the
       tariff quotas concerned should be safeguarded by making provisions
       to oovcr needs which might' arise in these Member States ;
    – imports into the various Member States from Turkey were as follows
       during the past three years for which complete statistios are .
       available :
             •           • 1572            1973               1974
                  ι    πόντιο     $    metric .   . <f0    metrio
                   ■   ton3            tons                tons
Cotton yarri"
Germany             : 11 736    43.35 10 734      42.56    6 333     29 . 01
Benelux          . 6 144        25.31   6 795 1   26.95 ' 7 000 1 ' 32I07
France       , :.i       412     1.70     162       0.64 . 1 806      8.27
Italy     .       j 5 $62       24.64  7 527    ' 29.85 : 6 690 ' ' '30.65
 ---pagebreak---                              1972             1973               1974
                      metrio      %   metric       $   metric             %
                      tons            tons             tons
 Other wovon fabrics
of cotton
Germany                570      21.17  877      30.62   4So           24 .52
Bonelux                995      36.96  953      33.2  1,000           53.7 ^
France                 747      27.75  412      14.39    194          10.43
                       380      14.12  622      21.72   210           11.29
Italy
– in view of these flguron and. foreseeable market trends for the products
  concerned durvxig 197^, "the initial shares may "be fixed approximately at
  the following percentages :
                        Cotton yarn          Other woven fabrics of cotton
  Germany           •        43.8                          23.1
  Bénélux                    19»7                          30.8
  î'rance                     5«2                          34.6
  Italy                      31.3                          11 «5
Whereas , to take aocount of future import trends for the product concerned ,
each quota should be divided into two t ranche s , the first "being allocated
and the second held as a reserve to cover subsequently the requirements
of Member States which have exhausted their initial shares ; whereas , to
give importers some degree of certainty , the first tranche of the quotas
should be fixed at a relatively high level , approximately QCffo of their
full amounts :
 ---pagebreak--- – Member States may exhaust their initial shares at different
   rates ; whereas to avoid* disruption of supplies on this account it
   should be provided that any Member State which has almost used
  up one of its initial shares should draw an additional share
   from the reserve ; whereas each time its additional share is
  almost exhausted a Member State should draw a further share , and
   so on as many times as the reserve allows ; whereas the initial
  and additional shares should bo valid until the end of the quota
  period ; whereas this form of administration requires close
  collaboration between the Member States and the Commission , and
  the Commission must be in a position to keep account of the extent
  to which the quotas have been used up ana to inform the Member
   States accordingly ;
– if at a given date in the quota period a considerable quantity of
  one of a Member State 's initial shares remains 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 State should
  return a proportion theroof to the reserve ;
– since the Kingdom of Belgium , the Kingdom of the Netherlands and the
  Grand Duchy of Luxembourg are united within and jointly represented
  by the Benelux Economic Union, any transaction in respect of the
  administration of the shares allocated to that Economic Union may
  bo carried out by ajoy ono of its members ;
Whereas as regards the new Member States in particular :
– the quota volumes to be allocated to those nex-f Member States under
  /article 14 of the Supplementary Protocol as well as the duties to .
  be applied in those Member States for the purposes of these quotas
  determined in accordanoe with Artiole $ of the said Protoool , are to be
  adjusted as set out below ;
 ---pagebreak---                                       - 6 -
  - equal and continuous access to the quotas should "be ensured
      for all importers and the rate of duty for the tariff quotas
      should "be applied consistently to all imports of the proauots
      concerned until the quotas are exhausted .
  HAS ADGPTED THIS REGULATION:
                                    Article 1
   1 , From 1 January and until 31 December 1976 | Community tariff
        quotas be opened for the following products coming from
       Turk 2y , as shown "below :
      CCT heading    ;                                            Quota
                                      Description
          No                                x           l
                                                         j
i                      ;
!     55.05               Cotton yarn , not put up for
                          retail sale                         930  metno tons
                       [                                !
1     55.09 '        !    Other wovon fabrics of        I
>                                                           2 190
                            cotton                      |          met ne tons
I                                                       i
j 58.01                   Carpets , carpeting and ruga
I                          (made up or not ) :            I
I                                                         I
t                         ex A. Of wool or of fine
                                ■ animal hair with the
(                     |            exclusion of hand­
f                    |
                     j             made carpets    •  ■ j     168  metrio tons
  2 . The quotas shall be allocated and - administered in accordance
       with the following provisions *        -
                                     SECTION I ■ .
         Provisions relating to the Community as originally constituted
                                    Article 2
  1 . Within the quota Customs Tariff duties shall be totally
       suspended within the limit of 788 metric tons
                                                              /•
 ---pagebreak---                                     - 7 -
  for cotton yarn not put up for retail sale , 1,575 metric tons for
  other woven fabrics of cotton , and 117 metric tons for carpets
  made of wool or fine animal hair .
                                Article 3
  1.  The quotas reforred to in Article 2 shall be divided into two
  tranches *
  2.  The first tranche of each of these quotas shall be allocated
  among the Member States ;    the shares which , subject to Article 6 ,
  shall be valid until 31 December 1976. , shall be as follows :
                                                         ( in metric tons )
                                                   CCT heading No
                                           55-05      55.09     ex 58.01 A
   Germany                                  252        240           3^.7
   Bénélux                                  113        320 .       . 12.9
   France                                    30        360           2kA
   Italy                                    180        120           18.0
                                            575      1 OkO           90.0
  The second tranche of each quota , amounting to 213 ,535 and 27 metric
  tons respectively , shall constitute the corresponding reserve .
                                                                             v
                                Article h
1.As soon as a Member State has used 90% or more of one of its initial
  shares as fixed in Article 3(2), or of that share minus any portion
  returned to the reserve pursuant to Article 6 , it shall forthwith , by
  notifying the . Commission , draw a second share , to the extent that the reserve*
                                                               •/•
 ---pagebreak--- BO permits , equal to 15% of its initial share rounded as necessary
up to the next whole number .
2 .. As Poor, as a Member State , after exhausting one of its initial
shares , has used 90% or more of the second share drawn by it , that
Member State shall forthwith , in the manner and to the extent
provided in paragraph 1 , draw a third share equal to 7 * 5% of its
initial share .
3-   As soon as a Member State , after exhausting its second share ,
has used 90% 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 shall continue in this fashion until the reserve is exhausted .
k.   By way of derogation from paragraphs 1 , 2 and        a Member Stato
may draw shares lower than those specified in those paragraphs if
there are grounds for believing that those specified may not be used
in full .  Any Member State applying this paragraph shall inform the
Conraission of its grounds for so doing .
                                       Article 5
Additional shares drawn pursuant tc Article b shall be valid until
                              •• - . •           'i 1       '
31 December 1976.                              '
                                       Article 6
The Member States shall return to the reserve , not later than      j
1 October 1976 , the unused portion of their initial share which,   ,
on 15 September 1976 , is in excess of 20 $ of the initial amount •
They may return a greater portion if there are grounds for
believing that such portion may not be used in full .
 ---pagebreak--- Member States shall , not later than 1      October 1976 , notify the
Commission of the total quantities of the product in question
imported up to and including 15 September 1976 and charged against
 tho Community quotas and of any portion of their initial shares tp
each of the reserves .
                       i            :
                                Article 7
The Commission shall keep an account of the shares opened by the
Meraber States pursuant to Articles 3 and b and shall , on receipt of
the information , inform each State of the extent to which the
reserves have been used up .
It shall , not later than 5 October 1976 , inform the Member States
of the amounts still in reserve following any returnnof shaxes
pursuant to Article 6 .                                   !;
It shall ensure that when an amount exhausting one of the reserves
is drawn the amount so drawn does not exceed the balance available ,
and to this end shall notify the amount of that balance to .the Member
State making the last drawing .
                                 '     •      .                '
             ,  .    -     ••             /                           '
                                Article 8
1 . Every Member State shall take all appropriate - measures to ensure
that additional shares drawn pursuant to Article U are opened in
such a way that importations may be charged without interruption
against its accumulated share of the Community quotas *
                                SECTION II
                    Provisions relating to the new Member States
       '          "             Article 9
1.   Within the tariff quotas referred to in Article 1 ,. the following
shares shall be allocated to the new Member States :         '
 ---pagebreak---                                                          ( in metric tons )
                                        55-05    55-09         ex 58.01 A
  Denrnark                                63       32                 12
  Ireland                            -    16       16                  2
 United Kingdom             '             63      567                 37
                                       • 142'     615                 51
2 . Within the limits of these quotas , the new Member States shall
apply zero duties for the textile products concerned .
                               SECTION III
                           General provisions
                               Article 10
1.   Every Member State shall take all measures necessary to ensure
that importers of the product in question established in its territory
have free access to the shares allocated to it .            .     ' ,
2.   Every Member State shall charge importations of the products xn
question against its share as and when such products are entered with
the customs authorities for home use .
3«   The extent to which a Member State has used up its share shall be
determined on the basis of the importations against that share in
accordance with paragraph 2 .
                               Article 11    '
                                                   ! ' '
Every Member State shall notify the Commission at regular intervals
of the importations charged against its shares .
 ---pagebreak---                               Article 12
The Member States and the Commission shall cooperate closely to
ensure that this Regulation is complied with .
                              Article 13
This Regulation shall enter into force on 1 January 197° •
This Regulation shall be binding in its entirety and directly
applicable in all Member States .
Done at Brussels ,                               For the Council
                                                 The Président