CELEX: 51978PC0674
Language: en
Date: 1978-12-06
Title: Proposal for a COUNCIL REGULATION (EEC) 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 (1979) (submietted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 674
Vol. 1978/0259
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                      /
                                                     COM(78)674 final.
                                                    Brussels - 6 December 1978
                                     Proposal for a
                             COUNCIL REGULATION ( EEC )
                   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 ( 1979 )
               /                 ■           v
             /(submietted to the Council by the Commission )
             "   r             »•  ■ •          i
                      H ^                      :
C0M(78 ) 674 final .
 ---pagebreak---                               EXPLANATORY M EMORANDUM
1o  As 3 result of negotiations with Turkey on ths adjustments to
    bs ,n®d8 to th9 As »o 8 "Union Agraamsnt b®tw«en           . country and
    the Commum ty and the Additional Protocols to take account of
    the accession of new Member States , the Community signed in
    Ankara on3Q June 19^3 a Supplementary Protocol which enter into
    force once it has been ratified .
    In the meantime , the Community has conclude an Interim Agreement
    which in theory runs only for the period prior to the entry into
    force of t^is Supplementary Protocol in order to implement , from
    1 January 1974, certain provisions of that Protocol relating to
    trade in goods .
    At the moment "it is not possible to know if the tariff measures
    laid down by these Agreements in Turkey 's favour, should be given
    for 1979 on the basis of the Supplementary Protocol ot the Interi I
    Agreement whose valicity should be prolonged .
    The provisions of the annexed Regulations are based on the Interim
    Agreement and should thus be modified if the Supplementary Protocol
    enters into force on 'I January 1979 at the latest .
2.  In the abovementioned Supplementary Protocol and Interim Agreement ,
    provision is made in particular in respect of textile products
    for the opening of the following annual Community tariff quotas ,
    subject to the condi tions laid down for each product :
                   I    !         ~               !                  |
    CCT heading I         Description               Annual tariff     ! Quota
    No         ■ j                                j quota               duty
                                                  !           ______
                                                                      I
   '55.05         ji Cotton yarn, not put up     j!    390 tonnes I 75% reduction
                  j
                  I| for retai I sa le           jI
                                                  i
    55.09         I[ Other woven fabrics of
                  I
                                                 j|  1 3?0 tonnes       75% reduction
                     cotton
                  I
                  i
 ---pagebreak--- • They atsa- determine for these products- the allocation among the
  Member Stale of the a.inusl tariff quotas for /textile oroduets .
                                                         * *.■
  This . allocation is -rs -f - llc- 's :
  Cotton yarn ( heading No 55.05 )
  Community as originally constituted                  300 tonnes
  Denmark                                               40 tonnes
  Ireland                                               10 tonnes
  United Kingdom                                        40 tonnes
  Other woven fabrics of cotton ( heading No 55.09 )
  Community as originally constituted                1 000 tonnes
  Denmark                                               20 tonnes
  Ireland                                               10 tonnes
  United Kingdom                                       360 tonnes
  While Article 14 of the Supplementary Protocol fixes such an
  allocation for a period ending at 1 July 1977 .    The Interim
  Agreement fixes no limit to this special allocation , while
  could be due to the initially limited period of validity of
  the Interim Agreement applying in anticipated application some
  of the provisions of the Supplementary Protocol .
  The'end of the transitional period fixed by the Act of Adhesion
  on 1 July 1977 has led the Commission to reflect on the question
  of this allocation / which has resulted in the proposal to have
  a common system of administration of the above tariff quotas
  involving , in each case , the opening of a single quota quantity
  divided between the Member States according to the usual criteria
  and the creation of a single Community reserve open to all Member
  States .
 ---pagebreak---  Another prooiem arises in connection with the size of the quotas
 to be opened for 1979 , iri 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 .
As the decisions on the system to be applied to the developing
 countries will not be taken until very late this year ,, the
present Commission proposal for 1979 is based for the calcula­
tion of quota amounts on the proposal that the Commission has
used for the generalized system of preferences , On this basis
the quantities should be reviewed it the final decision made
 in the context of the generalized system of preferences in the
textile sector sees a charges in the methods of calculating the
volume of preferences .
The total imports into the Community of textile products coming
from Turkey exceeded , in 1977 , 13 « of the imports from all
the beneficiaries of the 6SP . This country , if it was a benefi­
ciary country , would thus have an attribution in 1979 , of quotas
of a volume corresponding to 8 ^      of the total of these exports
to the EEC of the above products in 1977 , that is 4 100 tonnes
for cotton yarn , and 195 tonnes for other cotton cloth .
For woollen or fine hair carpets , the volume would be 89 tonnes ,
corresponding to 0.15 %      of the total of imports from outside
to EEC in 1977 , increased by 20 %
The application of agreements concluded and the above Decision
taken in 1973 had led the Community to open in 1978 for thses
products , tariff quotas of respectively 1 026 , 2 415 and 185
tonnes .
Taking account of the very negative political impact implied
by a reduction , even partial , of the preferences in force 'in
1978 for cotton cloth and carpets , it is proposed to fix for
1979 quota volumes at the level of 4 100 tonnes fo ; cotton yarn ,
2 415 tonnes for other cotton cloth and 185 tonnes for carpets ,
the last two corresponding to the volumes opened in i 978 .
 ---pagebreak---   It goes without saying that these volumes should be adjusted
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As regards the economic infOi\;.atioi\ to                                                            drt^r^'ir-.'5
the basis for the proposed allocation of the tariff quota ?,
concerned , it should be remarked that they should be bas'-d
principally on Member States' imports , actual and estimated ,
specifically originating in or coming fro;?. Turkey for the
categories of products considered .
Thus , although it has been possible to draw up the appropriate
 information for the years "i975 to " 977, nevertheless because
of the irregularity noted in imports during those reference
years , it has net 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
 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 coma to light
 in those Member 'States .                                        For the same reasons the initial
 percentages allocated to the Member States used in the
 proposals are the same as in 1978 .-
The Proposal for a Regulation on textile products provides for a
single method of counting imports -against quota shares in the
Member States concerned , namely as «?. nd when they are entered for
home use .
 ---pagebreak---                                   arv-
                                               Proposa L for
                                  COUNCIL REGULATION (EEQ No-
                                                01
                ooening, allocating and providing for the administration of Community tariff
                quotas for certain textile products foiling wjthi*? heading Nos 55.05 and 55.0?
                and subheading ex 58.01 A ot the Common Customs Tariff, coming from
                                                    Turkey (197$       .
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
                                                             1977 ; whereas, moreover, following the end of the
Having regard to the Treaty establishing the European        transitional period Said down in Article 39 of the Act
Economic Community, and in particular Article 113 <
                                                             of Accession, it is necessary to create a common
thereof,
                                                             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 Supp.e-
 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 Conimunity 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 tuns only for the          quotas ; whereas the volumes of the quotas to be
 period prior to the entry into force of this Supplemen­      opened for 1979 are therefore 4 'JQQionnes for cotton
 tary Protocol which is applicable until 31 December          yam and 2415 tonnes for other woven fabrics of
  1974 but which has been extended for 1979 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        Whereas pursuant to Article 1 of Annex 2 to the Addi­
   l of Annex 2. to the Additional Protocol, the Commu­        tional Protocol together with Article 2 of the Interim
  nity must reduce by 75 % the customs duties on               Agreement, for the duration of 1979 in particular, the
  imports from Turkey of certain textile products falling      Community must partially reduce the duties appli­
  within heading Nos 55.05 and 55.09 of the Common             cable in respect of third countries to carpets, carpeting
   Customs Tariff, within the limit of annual Commu­           and nigs, knotted (made up or not) of wool or of fine
   nity tariff quotas of 390 tonnes for cotton yarn and        animal hair, (excluding hand-made cdrpets, carpeting
   1 390 tonnes for woven fabrics of cotton ; whereas the      and rugs) imported from Turkey ; Whereas it also
   abovementioned Article 6 allocates these Community
   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 19791 and allocated in accordance wjth
        300 tonnes to the Community as originally consti­       the same percentages as those adopted . for 1978;
        tuted, 40 tonnes to Denmark, 10 tonnes to Ireland
        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
                                                                 abovementioned quotas and uninterrupted application
         constituted, 20 tonnes to Denmark, 10 tonne- to         of the rate laid down for those quot3S to all imports of
         Ireland and 360 tonnes to the Vnii-i kmgdor- ;          the product concerned into all Member States until
                                                                 the c.votz has been used up ; whereas in the Sight of
 ■ (>) OJ No L 293, 29. 12. 1972, p. 4.                          the principles mentioned above, the . Community
    (2) OJ No L 277, 3. 10. 1973, p. 2.
 ---pagebreak--- 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 th« Matistics of each State'* imports
from Ttiikc *                                 jiv-.cd su ... tv                                                          »Vi o lor»     »«O « 'MPC #Af
                      '    .                         - J    *           ■ t *
ClÙïiGkjUw            » V.     -j - .- –. t       iv -V
whereas, in spite of the limited need for imports iiom                                which complete statistics are available :
                                                                                                                           ÎI' 'ir.'p
                                                              1975                              1976                                 1977
                                         [                                             tonnes       I
                                                   tonne*
                                                                           * _I                          %        tonnes
              Cotton yarn
                                                    4255 .              14-13         13 648           18-31       9 427                           18.40
              Benelux
                                                        127               0-42               13         0-02               5                        0.01
              Denmark
                                                  14196 .               47-15       • 2.5 000          3?-54      17 265                           33*69
              Germany                                                                                              1 140               I            2,22
              France                                 1044         -       3-47          2 389           3 -21
                                                                          0                 145         0-19           175               I          0.34
              Ireland                                       0
                                                                                                      '40-28      21 004                           40.99
                                                     7 999              26-S7         30 019
              Italy                                                                                                2.231               I
              United Kingdom                |        2 485                 8-26         3 319            4-4 5
                                                                                                               .
                                                                                                                                         L'         4 ' 35
                                 –
                                          !
                                           1
                                                  30 106 |                            74 533                      51 247
                                                           ;        1            ]                                                      j
               Other woven fabrics of
               cotton
                                                       948               64-33             535          17-38          913                         37.46
               Benelux-                                                                                                                             0.35
                                                                           0-75              36           1-17             8.5
               Denmark                                   11
                                                       151                10-25         1 100           35-74          599                         24.58
               Germany                                                                                                 406                         16.66
                                                         95                6-45            481          15-63
               France                                                                                                    23                         0.94
                                                          0-5              0-03               1           0-03
               Ireland                                                                                                 363.5                       14*92
                                                       244                16-56             835         27-13
               Italy
               United Kingdom­                           24                 1-63             90           2-92         124                 |        5.09
                                                    1 473-5                        j 3 078                          2 437
  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 Sjates, and the second held as a reserve
  1979, the initial shares may be fixed approximately at                                 intended ultimately to cover the requirements of those
                                                                                         Member States which have used up their initial
  the following percentages :
                                                                                       .shares ; whereas, in order to ensure„a certain degree of
                                                               Other woven
                                                                                         security to importers, the first tranche should be deter­
                             4
                                       Cotton yam                   unties               mined at a relatively high level, which, under present
                                                                                         circumstances, may be about 8G % of esch quota
                                                                                                                     •        AA    A/     t    l_
                                                                 of cotton
                                                                                         volume ;
   Bénélux                                16-16                    20-08
   Denmark                                    8-71                    1-80
                                          35-86                     15-05
   Germany
   France                                     4-29                  22-55
   Ireland                                    2-27                    0-92
   Italy                                  23-99           V                               Whereas the initial quota shares of the Member States
   United Kingdom                  |          8-72          j 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 sts initial
                                                                                          quota shares should draw sn additional quota share,
                                                                                          from the corresponding reserve ; wh:ress this must be
    Whereas, in order to take into account the uncertainty                                dons 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
                                                                                          a'j
    Member States, the quota volumes should be divided                                     repeated ?.s many timegas ',ach of the reserves allows ;
                                                                                                                                 \
 ---pagebreak--- whereas eaeh of the Initial and additions! quota shares             which, suhjeet to Astswa .? shall m valid until 3 !
must be available for use until the end of the quota                December 1978, shall be as follows :
period ; whereas this method of administration calls                                                                               (tannes)
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                       ifombor StaUs
                                                                                                   55.05       SS£9 I      « Si.01 A II
arnd inform Member^ States thereof ;                                                                                   I
                                                                                                                       1
                                                                    Benelux                • •      511         391              14
Whereas, if at a specified date in the quota period a                                               276           35
considerable balance remains in one or other Member                 Denmark         .                                            14
                                                                    Germany                      1  135         293              36
State, it is essential that that Member State pays a                France' ■                       136         439     I        26
percentage of it back into the corresponding reserve,               Ireland                           72          18 I             2
 in order to prevent a part of one or other of the                  Italy                           759          146             18
 Community quotas from remaining unused in one                      United Kingdom                  276         625              41
 Member State when it could be used in others ;                                                                          i          •
                                                                                                (3165      j 1 947             151
 VChereas 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                         935^ 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 ?,ny
  one of its members.                                                                                                            *
                                                                                                  Article 3
                                                                      1.     If 90% or more of one of any Member State s
  HAS ADOPTED THIS REGULATION :                                      initial shares, as laid down in Article 2 (!) or 90 % of
                                                                     that share less the amount returned . to the corres­
                              Article Î                               ponding reserve where Article 5 has been applied, has
                                                                     been used up, that Member State shall without delay,
  L        From 1 January to 31 December 1979, Commu­                 by notifying the Commission, draw a second share in
  nity tariff quotas shall be opened for the following                the quota equal to 15 % 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)
                                                                      2.      If, after one or other of its initial shares has been
         CCT
       heading               Description                Quoti         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           4 100
                                                                       paragraph 1 , draw a third share equal to 7-5 % of its
                 retail sale                                           initial share.
   55.09         Other woven fabrics of cotton |        2415
                                                                    . 3.      If, after one or other of its second shares has
   58.01       I Carpets, carpeting and rugs, !                        been used up, 90 % or more of the> third share drawn
                 knotted (made up or not):                             by a Member State has been used up, the latter shall,
                 A. Of wool or of fine animal                          in the same manner, draw a fourth, share equal to the
                      hair :
                                                                       third.
                      II. Other, excluding hand­
                          made carpets, carpeting                      This procedure shall be followed until the reserve has
                                                          185
                          and rugs                                     been exhausted.
    2. The Common Customs Tariff duties are totally                     4.     Notwithstanding paragraphs I , 2 and 3, Member
                                                                        States may draw smaller shares than those fixed in
    suspended within these tariff quotas.                               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
                                         /3 165                         paragraph.
     1 . A first tranche of each of the quotas referred to
    in Article 1 , which shall be          tonnes for cotton yarn                                  Article 4 •
     not put up for retail sale, 1 947 tonnes for other
    woven fabrics of cotton and 151 tonnes for carpets,                  Each of the ad^-'tional shares drev/n pursuant to
     carpeting Und rugs of wool or fine animal, hair, shall              Article 3 shdl be valid, until 31 December 1979 .,
     be shared among the Member States ; the shares
        j
 ---pagebreak---                          Article J                           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
later than 1 October 197 9^ the unused portion of their      lated shares of the Community tariff quotas.         ,
initial share which, on 15 September ! 9 /9 , is in
excess of 20 % of the initial amount. The/ «r »v return      2.' Member States fllull encure'&r importers of the
a greater portion ?f there are grounds 'or be'ieving         prod- -ts concurred establish J in their ttrrrxy ,',-ee
                                                             acc'.ss tr     $ • i.-es allotted f> th<?np.
that such portion may not be used in ruil.
Member States shall, not later than L October 19 / 9         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 gixxis are
products concerned effected under the Community              entered with customs authorities for home use .
quotas up to and including 15 Sptember 19& , 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 1979, 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             1979 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
                       4
              Done at Brussels.
                                                                         For the Council
                                                                          The President