CELEX: 31975R3145
Language: en
Date: 1975-11-24
Title: Regulation (EEC) No 3145/75 of the Council of 24 November 1975 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 (1976)

No L 317/22                            Official Journal of the European Communities                           8 . 12 . 75
                                REGULATION (EEC) No 3145/75 OF THE COUNCIL
                                                   of 24 November 1975
               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 ( 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         — for woven fabrics of cotton :
                                                                     1 000 metric tons to the Community as originally
                                                                     constituted,
Having regard to the Treaty establishing the Euro­
pean Economic Community, and in particular Article                   20 metric tons to Denmark, 10 metric tons to
 113 thereof ;                                                       Ireland and 360 metric tons to the United King­
                                                                     dom ;
Having regard to the proposal from the Commission ;
                                                                 Whereas, moreover, it appears desirable to provide
                                                                 for an initial provisional adjustment of the tariff
Whereas, pending the entry into force of the Sup­                advantages for these goods :
plementary Protocol , signed in Ankara on 30 June
1973 , containing the adjustments to be made to the              — for the Community as originally constituted by
Agreement establishing an association between the                    a total suspension of the customs duties of the
European Economic Community and Turkey and to                        Common Customs Tariff, and an increase of 50%
the Additional Protocol ( x ) consequent on the accession            and then of 5% in the volume of the quotas
                                                                     allocated to these Member States,
of new Member States, the Community has under­
taken, in an Interim Agreement (2 ) which runs only              — for the new Member States, by a total suspension
for the period prior to the entry into force of this                 of the duties applicable within the limits of the
Supplementary Protocol which is applicable until                     quotas fixed above, increased in the same
31 December 1974, but which has been extended for                    proportions ;
1976 in accordance with the terms laid down in
Article 13 thereof, to implement certain provisions of
the- Supplementary Protocol relating to trade in                 Whereas these adjustments may, if necessary, be
goods ; whereas, under Article 6 of this Interim                 reviewed during the quota year ;
Agreement amending Article 1 of Annex 2 to the
Additional Protocol, the Community must reduce by                Whereas pursuant to Article 1 of Annex 2 to the
75% the customs duties on imports from Turkey of                 Supplementary Protocol together with Article 2 of the
certain textile products, falling within heading Nos             Interim Agreement, for the duration of 1976 in parti­
55.05 and 55.09 of the Common Customs Tariff,                    cular, the Community must reduce by 25% the duties
within the limit of annual Community tariff quotas               applicable in respect of third countries to carpets,
of 390 metric tons for cotton yarn and 1 390 metric              carpeting and rugs, knotted (made up or not) of wool
tons for woven fabrics of cotton ; whereas the above­            or of fine animal hair, (excluding hand-made carpets,
mentioned Article 6 allocates these Community tariff             carpeting and rugs ) imported from Turkey ; whereas
quotas as follows :                                              it also appears advisable to improve this tariff
                                                                 advantage provisionally by means of a total suspen­
                                                                 sion of the duties applicable to the products in
— for cotton yarn :                                              question within a Community tariff quota initially
                                                                 fixed at a provisional level of 168 metric tons and
    300 metric tons to the Community as originally               allocated in accordance with the same percentages as
    constituted,                                                 those adopted for 1975 under the generalized tariff
                                                                 preferences ;
    40 metric tons to Denmark, 10 metric tons to Ire­
    land and 40 metric tons to the United Kingdom,               Whereas, in order to comply with the special
                                                                 provisions of the Interim Agreement, different
                                                                 systems should be provided for the Member States
(!) OJ No L 293 , 29 . 12. 1972, p. 4.                           of the Community as originally constituted and for
(2) OJ No L 277, 3 . 10. 1973, p. 2.                             the new Member States ;
 ---pagebreak--- 8 . 12. 75                           Official Journal of the European Communities                                         No L 317/23
Whereas, as regards the Community as originally                           development of the market in the product
constituted :                                                             concerned, such allocation shall be in proportion
                                                                          to the needs of the Member States, assessed by
                                                                          reference both to the statistics of each State's
— it is necessary to guarantee to all Community                           imports from Turkey over a representative period
      importers equal and uninterrupted access to the                     and to the economic outlook for the quota period
      abovementioned quotas and uninterrupted                             concerned ; whereas, in spite of the limited need
      application of the rate laid down for those quotas                  for imports from Turkey of the products
     to all imports of the product concerned into all                     concerned, as shown by the statistics for the
      Member States until the quota has been used up ;                    majority of the Member States the Community
                                                                          character of the tariff quotas concerned should
                                                                          be safeguarded by making provisions to cover
— in the light of the principles mentioned above,                         needs which might arise in these Member States ;
      the Community nature of the quotas can best be
     respected by allocating the Community tariff                    — imports into the various Member States from
      quotas among the Member States ; whereas, in                        Turkey were as follows during the last three
      order to reflect most accurately the actual                         years for which complete statistics are available :
                                                                  1972                  1973                   1974
               \                                         metric tons     %     metric tons     %      metric tons     %
                Cotton yarn :
                Germany                                    11 736       48-35    10 734      42-56      6 333       29-01
               Benelux                                      6 144      25-31       6 795     26-95      7 000       32-07
                France                                         412       1-70        162      0-64      1 806        8-27
                Italy                                       5 982      24-64      7 527      29-85      6 690       30-65
                Other woven fabrics of cotton :
                Germany                                        570     21-17         877     30-62         456      24-52
                Benelux                                        995     36-96         953     33-27       1 000      53-76
                France                                         747     27-75         412     14-39         194      10-43
               Italy                                         ' 380     14-12         622     21-72         210      11-29
     in view of these figures and foreseeable market                      which have used up their initial shares ; whereas,
      trends for the products concerned during 1976,                     in order to ensure a certain degree of security to
     the initial shares may be fixed approximately at                    importers, the first instalment should be
     the following percentages :                                          determined at a relatively high level , which, under
                                                                          present circumstances, may be about 80 % of each
                                            other woven
                                                                          quota volume ;
                          cotton yarn
                                         fabrics of cotton
      Germany                  44-7             23-1                      the initial quota shares of the Member States may
                                                                          be used up at different times ; whereas, in order
     Benelux                   20-0             30-8                      to take this fact into account and avoid any
                                                                          break in continuity, it is important that any
     France                      5-3            34-6
                                                                          Member State having used up almost the whole
     Italy                     30-0             11-5                      of one of its initial quota shares should draw an
                                                                          additional quota share from the corresponding
                                                                          reserve ; whereas, this must be done by each
      in order to take into account the uncertainty of                    Member State as and when each of its additional
     the import trends for the products concerned in                      quota shares is almost entirely used up, and
     the Member States, the quota volumes should be                       repeated as many times as each of the reserves
     divided into two instalments, the first instalment                  ,allows ; whereas each of the initial and additional
     being allocated to the Member States, and the                        quota shares must be available for use until the
     second held as a reserve intended ultimately to                      end of the quota period ; whereas this method of
     cover the requirements of those Member States                        administration        calls     for     close   cooperation
 ---pagebreak--- No L 317/24                           Official Journal of the European Communities                                        8 . 12. 75
     between Member States and the Commission,                       — the quota volumes to be allocated to those new
    which must, in particular, be able to observe the                      Member States under Article 6 of the Interim
     extent to which the quota amount is used and                          Agreement as well as the duties to be applied in
     inform Member States thereof ;                                        those Member States for the purposes of these
                                                                          quotas determined in accordance with Article 2
— if, at a specified date in the quota period, a                           of the said Agreement, are to be adjusted as set
     considerable balance remains in one or other                   '      out below;
     Member State it is essential that that Member
     State pays a percentage of it back into the                      — equal and uninterrupted access to the quotas
     corresponding reserve, in order to prevent a part                     should be ensured to all importers and the duties
     of one or other of the Community quotas from                          should be applied without interruption to all
     remaining unused in one Member State when it                          imports of the products concerned until the
     could be used in others ;                                             quotas have been used up,
— since the Kingdom of Belgium, the Kingdom of
     the Netherlands       and the Grand Duchy of                     HAS ADOPTED THIS REGULATION :
     Luxembourg are united in and represented by
     the    Benelux Economic       Union,    any   measure
      concerning the administration of the quota shares
      allocated to that economic union may be carried                                        Article 1
      out by any of its members ;
                                                                      1 . From 1 January to 31 December 1976 Community
Whereas as regards the new Member States in                           tariff quotas shall be opened for the following
particular:                                                           products coming from Turkey as shown below :
                    CCT                                                                                  Quota
                                                           Description
                 heading No                                                                           (metric tons)
                   55.05         Cotton yarn, not put up for retail sale                                    930
                   55.09         Other woven fabrics of cotton                                           2 190
                    58.01        Carpets, carpeting and rugs (made up or not) :
                                 ex A. Of wool or of fine animal hair, excluding hand-made
                                       carpets, carpeting and rugs                                          168
2. The quotas shall be allocated and administered                     2. A first instalment of each of these quotas shall
in accordance with the following provisions.                          be shared among the Member States ; the shares,
                                                                      which subject to Article 6 shall be valid until
                          SECTION I                                    31 December 1976, shall be as follows :
                                                                                                                      (in metric tons)
 Provisions relating to the Community as originally
                          constituted
                                                                                                          CCT heading No
                           Article 2                                  \                           55.05         55.09     ex 58.01 A
 1 . Within the quota, Common Customs Tariff                                                       252           240          34-7
                                                                       Germany
 duties shall be totally suspended within the limit of :
 788 metric tons for cotton yarn not put up for retail                 Benelux                     113           320          12-9
 sale, 1 575 metric tons for other woven fabrics of                    France                       30           360          24-4
 cotton, and 117 metric tons for carpets made of wool
 or fine animal hair.                                                  Italy                       170           120          18-0
                           Article 3
                                                                       The second instalment of each quota, amounting to
 1 . The quotas referred to in Article 2 shall be                      223 , 1 040 and 27 metric tons respectively, shall
 divided into two instalments .                                        constitute the corresponding reserve.
 ---pagebreak--- 8 . 12. 75                           Official Journal of the European Communities                               No L 317/25
                        Article 4                                                       Article 7
                                                                The Commission shall keep account of the shares
1 . If 90% or more of the initial share of a Member             opened by Member States in accordance with
State laid down in Article 3 (2), or 90% of that share          Articles 3 and 4 and shall inform each State of the
less the amount returned into the reserve where the             extent to which the reserves have been used up as
provisions of Article 6 have been applied, has been             soon as it receives the notifications .
exhausted, that Member State shall proceed without
delay, by notifying the Commission, to draw a second            The Commission shall, not later than 5 October
share, equal to 15% of its initial share, rounded up            1976, notify the Member States of the amount in
to the next unit where appropriate, to the extent that          each of the reserves     after    the   return     of   shares
the amount in the reserve allows .                              pursuant to Article 6.
                                                                The Commission shall ensure that any drawing which
2. If, after one or other of its initial shares has been        uses up a reserve is limited to the balance available
used up, 90% or more of the second share drawn by               and for this purpose shall specify the amount
one of the Member States has been used, that                    thereof to the Member State which makes the last
Member State shall proceed, in accordance with the              drawing.
conditions laid down in paragraph 1 , to draw a third
share equal to 7-5% of its initial share.                                               Article 8
                                                                The Member States shall take all appropriate
3 . If, after one or other of its second shares has been        measures to ensure that when additional shares are
exhausted, 90% or more of the third share drawn by
                                                                drawn pursuant to Article 4 it is possible for imports
a Member State has been used, that Member State
                                                                to be counted without interruption against their
shall proceed, in the same way, to draw a fourth                accumulated shares of the Community tariff quotas .
share equal to the third.
This process shall be applied until the reserve is                                     SECTION II
exhausted .
                                                                     Provisions relating to the new Member States
4. Notwithstanding paragraphs 1 , 2 and 3 , the
Member States may proceed to draw smaller shares                                        Article 9
than those fixed in those paragraphs if there is reason         1 . Within the tariff quotas referred to in Article 1 ,
to believe that they might not be used up . They shall          the following shares shall be allocated to the new
inform the Commission of the reasons which led
                                                                Member States :
them to apply this paragraph.
                                                                                                                 (in metric tons)
                                                                                                          CCT
                                                                                                      heading No
                        Article 5
                                                               \                             55.05        55.09      ex 58.01 A
Each of the additional shares drawn pursuant to
Article 4 shall be valid until 31 December 1976 .               Denmark                        63           32           12
                                                                Ireland                        16           16            2
                                                                United Kingdom                 63         567            37
                        Article 6
The Member States shall return to the reserve, not              2. Within the limits of these quotas, the new
later than 1 October 1976, the unused portion of                Member States shall apply zero duties for the textile
their initial share which, on 15 September 1976, is in          products concerned.
excess of 20% of the initial amount. They may
return a greater portion if there are grounds for
                                                                                       SECTION III
believing that such portion may not be used in full .
                                                                                    General provisions
The Member States shall, not later than 1 October
1976, notify the Commission of the total imports of                                     Article 10
 the products concerned effected under the Community
quotas up to and including 15 September 1976 and,               1 . Member States shall take all measures necessary
where appropriate the proportion of each of their               to ensure for importers of the products concerned
initial shares that they are returning to each of the           established in their territory free access to the shares
reserves .                                                      allocated to them .
 ---pagebreak--- No L 317/26                       Official Journal of the European Communities                           8 . 12. 75
2. Member States shall count imports of the                  products concerned actually charged against their
products concerned against their shares as and when          shares .
such products are presented for customs clearance
under cover of a declaration that they have been
made available for consumption.                                                    Article 12
3 . The extent to which the Member States' shares            The Member States       and   the Commission     shall
have been used up shall be established on the basis          cooperate closely in order to ensure that this
of imports counted in accordance with paragraph 2 .          Regulation is observed.
                      Article 1 1                                                  Article 13
On receipt of a request from the Commission,                 This Regulation shall enter into force on 1 January
Member States shall inform it of imports of the              1976 .
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 24 November 1975 .
                                                                                     For the Council
                                                                                      The President
                                                                                      B. VISENTINI