CELEX: 31977R2757
Language: en
Date: 1977-12-05 00:00:00
Title: Council Regulation (EEC) No 2757/77 of 5 December 1977 opening, allocating and providing for the administration of Community tariff quotas for certain textile products falling within heading Nos 55.05 and 55.09 and subheading ex 58.01 A of the Common Customs Tariff, coming from Turkey (1978)

No L 319/4                           Official Journal of the European Communities                             14 . 12 . 77
                                   COUNCIL REGULATION (EEC) No 2757/77
                                                  of 5 December 1977
              opening, allocating and providing for the administration of Community tariff
              quotas for certain textile products falling within heading Nos 55.05 and 55.09
              and subheading ex 58.01 A of the Common Customs Tariff, coming from
                                                      Turkey ( 1978 )
THE COUNCIL OF THE EUROPEAN                                     Whereas Article 14 of the said Supplementary
COMMUNITIES,                                                    Protocol only provides for such an allocation of tariff
                                                                quotas between the Community as originally consti­
                                                                tuted and the three new Member States until 1 July
Having regard to the Treaty establishing the European           1977 ; whereas, moreover, following the end of the
Economic Community, and in particular Article 113               transitional period laid down in Article 39 of the Act
thereof,                                                        of Accession , it is necessary to create a common
                                                                system of administration of the tariff quotas
                                                                concerned, consisting in each case of the opening of a
                                                                single quota divided between all the Member States
Having regard to the proposal from the Commission,
                                                                according to the usual criteria and the creation of a
                                                                single Community reserve, open to all Member States ;
Whereas, pending the entry into force of the Supple­
mentary Protocol signed in Ankara on 30 June 1973
containing the adjustments to be made to the Agree­
ment establishing an Association between the Euro­              whereas it is desirable to provide for a provisional
pean Economic Community and Turkey and to the                   adjustment of the tariff advantages for these goods
Additional Protocol ( ! ) consequent on the accession of        consisting of a total suspension of the customs duties
new Member States, the Community has undertaken,                of the Common Customs Tariff and an increase in the
in an Interim Agreement (2) which runs only for the             quotas ; whereas the volumes of the quotas to be
period prior to the entry into force of this Supplemen­         opened for 1978 are therefore 1 026 tonnes for cotton
tary Protocol which is applicable until 31 December             yarn and 2 415 tonnes for other woven fabrics of
1974 but which has been extended for 1978 in accor­             cotton ;
dance with the terms laid down in Article 13 thereof,
to implement certain provisions of the Supplementary
Protocol relating to trade in goods ; whereas, under
Article 6 of this Interim Agreement amending Article
1 of Annex 2 to the Additional Protocol, the Commu­             Whereas pursuant to Article 1 of Annex 2 to the Addi­
nity must reduce by 75 % the customs duties on                  tional Protocol together with Article 2 of the Interim
imports from Turkey of certain textile products falling         Agreement, for the duration of 1978 in particular, the
within heading Nos 55.05 and 55.09 of the Common                Community must partially reduce the duties appli­
Customs Tariff, within the limit of annual Commu­               cable in respect of third countries to carpets, carpeting
nity tariff quotas of 390 tonnes for cotton yarn and            and rugs, knotted (made up or not) of wool or of fine
 1 390 tonnes for woven fabrics of cotton ; whereas the         animal hair, (excluding hand-made carpets, carpeting
abovementioned Article 6 allocates these Community              and rugs) imported from Turkey ; whereas it also
tariff quotas as follows :                                      appears advisable to improve this tariff advantage prov­
                                                                isionally by means of a total suspension of the duties
                                                                applicable to the products in question within a
— for cotton yarn :                                             Community tariff quota fixed at a provisional level of
                                                                 185 tonnes for 1978 and allocated in accordance with
     300 tonnes to the Community as originally consti­
     tuted, 40 tonnes to Denmark, 10 tonnes to Ireland
                                                                the same percentages as those adopted for 1977 ;
     and 40 tonnes to the United Kingdom ;
— for woven fabrics of cotton :
                                                                Whereas, it is necessary to guarantee to all Commu­
     1 000 tonnes to the Community as originally                nity importers equal and uninterrupted access to the
     constituted, 20 tonnes to Denmark, 10 tonnes to            abovementioned quotas and uninterrupted application
     Ireland and 360 tonnes to the United Kingdom ;             of the rate laid down for those quotas to all imports of
                                                                the product concerned into all Member States until
(!) OJ No L 293, 29 . 12 . 1972, p. 4.                          the quota has been used up ; whereas in the light of
(2) OJ No L 277, 3 . 10. 1973, p. 2.                            the principles mentioned above, the Community
 ---pagebreak---  14. 12. 77                         Official Journal of the European Communities                                     No L 319/5
nature of the quotas can best be respected by allo­                     Turkey of the products concerned, as shown by the
cating the Community tariff quotas among the                            statistics for the majority of the Member States the
Member States ; whereas, in order to reflect most accu­                 Community character of the tariff quotas concerned
rately the actual development of the market in the                      should be safeguarded by making provisions to cover
product concerned, such allocation shall be in propor­                  needs which might arise in these Member States.
tion to the needs of the Member States, assessed by
reference both to the statistics of each State's imports
from Turkey over a representative period and to the                     Whereas imports into the various Member States from
economic outlook for the quota period concerned ;                       Turkey were as follows during the last three years for
whereas, in spite of the limited need for imports from                  which complete statistics are available :
                                                       1974                         1975                  1976
                                             tonnes                  %     tonnes          %      tonnes         %
             Cotton yarn
             Benelux                          7 000               27-76     4 255        14-13   13 648        18-31
             Denmark                                 0             0           127        0-42         13       0-02
             Germany                          6 333               251 1   14 196         47-15 . 25 000        33-54
             France                           1 806                716      1 044         3-47     2 389        3-21
             Ireland                              34               013            0       0          145        0-19
             Italy                            6 690               26-53     7 999        26-57   30 019        40-28
             United Kingdom                   3 357               13-31     2 485         8-26     3 319        4-45
                                            25 220                       30 106                  74 533
             Other woven fabrics of
             cotton
             Benelux                         1 000                53-70     948          64-33      535        17-38
             Denmark                               2               01 1       11          0-75        36        1-17
             Germany                           456                24-49      151         10-25    1 100        35-74
             France                             194               10-42       95          6-45      481        15-63
             Ireland                              0                0            0-5       0-03          1       0-03
             Italy                             210                11-28     244          16-56      835        27-13
             United Kingdom                       0                0          24          1-63        90        2-92
                                             1 862                       1 473-5                  3 078
Whereas, in view of these figures and foreseeable                       into two tranches, the first tranche being allocated to
market trends for the products concerned during                         the Member States, and the second held as a reserve
1978, the initial shares may be fixed approximately at                  intended ultimately to cover the requirements of those
the following percentages :                        .                    Member States which have used up their initial
                                                                        shares ; whereas, in order to ensure a certain degree of
                                                     Other woven        security to importers, the first tranche should be deter­
                                 Cotton yarn             fabrics        mined at a relatively high level, which, under present
                                                       of cotton
                                                                        circumstances, may be about 80 % of each quota
                                                                        volume ;
Benelux                            16-16                20-08
Denmark                              8-71                  1 - 80
Germany                            35-86                15-05
France                               4-29               22-55
Ireland                              2-27                 0-92
Italy                              23-99                  7-50          Whereas the initial quota shares of the Member States
United Kingdom                       8-72               32-10
                                                                        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 one of its initial
                                                                        quota shares should draw an additional quota share
                                                                        from the corresponding reserve ; whereas this must be
Whereas, in order to take into account the uncertainty                  done by each Member State as and when each of its
of the import trends for the products concerned in the                  additional quota shares is almost entirely used up, and
Member States, the quota volumes should be divided                      repeated as many times as each of the reserves allows ;
 ---pagebreak--- No L 319/6                            Official Journal of the European Communities                                  14. 12. 77
whereas each of the initial and additional quota shares         which, subject to Article 5 shall be valid until 31
must be available for use until the end of the quota            December 1978 , shall be as follows :
period ; whereas this method of administration calls                                                                        (tonnes)
for close cooperation between Member States and the
Commission, which must, in particular, be able to                                                     CCT heading No
observe the extent to which the quota amount is used                     Member States
                                                                                              55.05       55.09    ex 58.01 A II
and inform Member States thereof ;
Whereas, if at a specified date in the quota period a           Benelux                       128          391           14
considerable balance remains in one or other Member             Denmark                         69           35          14
State, it is essential that that Member State pays a            Germany                       284          293           36
                                                                France                          34         439           26
percentage of it back into the corresponding reserve,           Ireland                         18           18            2
in order to prevent a part of one or other of the               Italy                         190          146           18
Community quotas from remaining unused in one                   United Kingdom                  69         625           41
Member State when it could be used in others ;
                                                                                              792        1 947         151
 Whereas since the Kingdom of Belgium, the
Kingdom of the Netherlands and the Grand Duchy of
Luxembourg are united within and jointly represented            2. The second tranche of each quota, amounting to
by the Benelux Economic Union, any measure                      234, 468 and 34 tonnes respectively, shall make up
concerning the administration of the shares allocated           the corresponding reserve.
to that economic union may be carried out by any
one of its members,
                                                                                           Article 3
HAS ADOPTED THIS REGULATION :
                                                                 1.     If 90 % or more of one of any Member State's
                                                                initial shares, as laid down in Article 2 ( 1 ) or 90 % of
                                                                that share less the amount returned to the corres­
                           Article 1                            ponding reserve where Article 5 has been applied, has
                                                                been used up, that Member State shall without delay,
 1.     From 1 January to 31 December 1978, Commu­              by notifying the Commission, draw a second share in
nity tariff quotas shall be opened for the following            the quota equal to 1 5 % of its initial share, rounded
products coming from Turkey :                                   up to the next unit where appropriate, to the extent
                                                                that the amount in the reserve allows .
                                                       (tonnes)
     CCT                                                        2.      If, after one or other of its initial shares has been
    heading               Description              Quota
                                                                used up, 90 % or more of the second share drawn by
      No
                                                                one of the Member States has been used up, that
                                                                Member State shall, in the manner provided for in
55.05        Cotton yarn, not put up for                        paragraph 1 , draw a third share equal to 7-5 % of its
             retail sale                           1 026        initial share .
55.09        Other woven fabrics of cotton         2415
                                                                3.      If, after one or other of its second shares has
58.01        Carpets, carpeting and rugs,
             knotted (made up or not) :                         been used up, 90 % or more of the third share drawn
             A. Of wool or of fine animal                       by a Member State has been used up, the latter shall,
                 hair :                                         in the same manner, draw a fourth share equal to the
                                                                third .
                 II . Other, excluding hand­
                      made carpets, carpeting
                      and rugs                       185        This procedure shall be followed until the reserve has
                                                                been exhausted .
2. The Common Customs Tariff duties are totally                 4.      Notwithstanding paragraphs 1 , 2 and 3, Member
suspended within these tariff quotas.                           States may draw smaller shares than those fixed in
                                                                those paragraphs if there is reason to believe that
                                                                those shares might not be used up. They shall inform
                           Article 2
                                                                the Commission of their reasons for applying this
                                                                paragraph .
1 . A first tranche of each of the quotas referred to
in Article 1 , which shall be 792 tonnes for cotton yarn
not put up for retail sale, 1 947 tonnes for other                                         Article 4
woven fabrics of cotton and 151 tonnes for carpets,
carpeting and rugs of wool or fine animal hair, shall           Each of the additional shares drawn pursuant to
be shared among the Member States ; the shares                  Article 3 shall be valid until 31 December 1978 .
 ---pagebreak--- 14. 12. 77                        Official Journal . of the European Communities                         No L 319/7
                        Article 5                             pursuant to Article 3, it is possible for imports to be
The Member States shall return to the reserve, not
                                                              counted without interruption against their accumu­
                                                              lated shares of the Community tariff quotas.
later than 1 October 1978, the unused portion of their
initial share which, on 15 September 1978, is in              2. Member States shall ensure for importers of the
excess of 20 % of the initial amount. They may return         products concerned established in their territory free
a greater portion if there are grounds for believing          access to the shares allocated to them .
that such portion may not be used in full.
Member States shall , not later than 1 October 1978           3. Member States shall charge imports of the said
notify the Commission of the total imports of the             goods against their shares as and when the goods are
products concerned effected under the Community               entered with customs authorities for home use .
quotas up to and including 15 Sptember 1978 , and,
where appropriate, the proportion of each of their            4.     The extent to which the Member States' shares
initial shares that they are returning to each of the         have been used up shall be established on the basis of
reserves .                                                    imports counted in accordance with paragraph 3.
                        Article 6
                                                                                     Article 8
The Commission shall keep account of the shares
opened by Member States in accordance with Articles           On receipt of a request from the Commission,
2 and 3 , and shall inform each of them of the extent         Member States shall inform it of imports of the
to which the reserves have been used as soon as it            products concerned actually charged against their
receives the notifications .                                  shares.
It shall, not later than 5 October 1978, notify the
Member States of the state of each of the reserves after
                                                                                     Article 9
the return of shares pursuant to Article 5.
It shall ensure that any drawing which uses up a              The Member States and the Commission shall coop­
reserve is limited to the balance available and, for this     erate closely in order to ensure that the provisions of
purpose, shall specify the amount thereof to the              this Regulation are complied with .
Member State which makes the final drawing.
                                                                                     Article 10
                        Article 7
1.    Member States shall take all measures necessary         This Regulation shall enter into force on 1 January
to ensure that, when additional shares are drawn               1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 5 December 1977.
                                                                          For the Council
                                                                           The President
                                                                           A. HUMBLET