CELEX: 51976PC0004
Language: en
Date: 1976-01-21
Title: PROPOSAL FOR A COUNCIL REGULATION on the common arrangements applicable to imports of textile products under the outward processing system (Submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 4
Vol. 1976/0004
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                         V                       COM(76)4 final
                                                 Brussels. 21 January 1976 *
                     PROPOSAL FOR A COUNCIL REGULATION
                     on the common arrangements applicable
                     to imports of textile products under
                                                      \
                     the outward processing system
                  ( Submitted by the Commission to the Council)
COM (76 ) 4 final
 ---pagebreak---                            EXPLANATORY METWRANEUM
    1 . A proposal for a directive on the harmonization of provisions laid
    down "by law, regulation or administrative action in respect of outward
    processing is being examined "by the Council with a view to its adoption#
    The purpose of this directive is to harmonize the Community rules on
    temporary exportation for outward processing and to ensure the uniform
    application of the provisions relating to the tariff treatment of
    re-imported products .
    The differences in the administrative provisions of Member States with
    regard to the quantitative control of products re-imported after
    processing therefore remain. Imports resulting from processing operations
    are , in the case of products which have not been liberalized , subject either
    to special quotas , or to deductions from the normal quotas , or to
    authorization on a case-by-case basis , depending on the Member State ; in
  1 the case of products which have been liberalized , the operations in question
    are subject to authorization in some Member States , and entirely
    unrestricted in others .
    2.   In connection with the application of the Arrangement Regarding
    International Trade in Textiles , the Community has negotiated and is at
    present negotiating with the third countries which are the principal
    suppliers of textile products bilateral agreements based in general on
    voluntary restraint exercised by these countries in respect of their
    exports to the Community of certain products which are regarded as
    sensitive .  The voluntary restraint ceilings provided for in these agreements
    in general relate only to direct imports ;  the re-importation into the Community
    of products resulting from processing operations in these countries is
    normally kept outside the scope of these agreements , for several reasons :
    to comply with the provisions of the MFA , which provides for special and
    individualized treatment for these imports , because the ceilings agreed are
    generally managed by the exporting country and this is incompatible with
•   processing traffic , and because it is logical that the Community should retain
    the responsibility for assessing the volume of this traffic , which depends
    on the general economio situation in eaoh of the Member States .
 ---pagebreak---  However , certain textile products ( in particular clothing) exported from
 some of these third countries to the Community consist very largely (up
 to 80$ in some Member States ) of products resulting from processing
 operations *
 It has therefore proved necessary to lay down Community provisions making
 it possible to control the quantities of these re-imports . It would be
 illogical to make direct imports subject to restrictions or to voluntary
restraint , or to the consultation mechanisms resulting in voluntary
restraint which are provided for in the agreements , while leaving re-imports ,
which are sometimes considerable in volume , outside the scope of any
Community control mechanism .
3 . Consequently , the Commission recommends that the Council adopt the
proposal for a regulation annexed hereto .
With regard to the Annex to this decision , in which are fixed the amounts of
the annual Community quotas for the re–importation of certain products from
certain third countries , the Commission reserves the right to Bubmit
quantified proposals during the discussion of the proposal in the appropriate
Council group ;   the list of third countries in the Annex could thus be
reviewed aocording to whether or not the Community has opened negotiations
with these countries *
   0
 ---pagebreak---                      PROPOSAL FOR A COUNCIL REGULATION
                     on the common arrangements applicable
                     to imports of textile products under
                     the outward processing system
  THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                                                  f
  Having regard to the Treaty establishing the European Economic Community ,,
  and in particular Article +13 thereof ,
  Having regard to the proposal from the Commission,
  Whereas v-fche use of outward processing is of great importance in the textiles
  sector }    /
  Whereas it is "therefore essential , as part of the implementation _        ;       /
  of the import arrangements for textiles , to adopt certain measures
" regarding the quantities involved in outward processing traffic for
  textiles without prejudice to the provisions applicable to the tariff
  aspect of such processing traffic *
  Whereas therefore these imports must be made subject to surveillance
  and must be limited by means of quotas_for certain products and                   ./
                                                   /
  for certain third countries ,                  /
                                                 4
 HAS ADOPTED THIS REGULATION:                                          ,
                                 Article 1
  1.  Importation into the Community of textile produots falling within
  Chapters 51 "to 62 inclusive of the CCT tinder the outward processing
  system shall be subject to Community surveillance .
                                           t
 ---pagebreak--- ^Importation of_these products shall therefore be conditional upon the              _/
  presentation of a special authorization granting the benefit of the
  outward processing system issued by the competent authorities       '       /
  of the Member State of temporary exportation, in accordance with the
 provisions of the Council Directive of                     on the harmonization
  of provisions laid down by law , regulation or administrative action in respect
 of the outward processing system .
  2.   Where compensating products are re-imported into a Member State other
 than the State which temporarily export the relevant goods , the competent
 authorities of the Member State of temporary exportation shall , before
 issuing the authorization, inform the authoritiesofthe Member ^tate^of ^"""
     _      _                _       __ _ "                        --       \   ...
 re-importation and the Commission of the nature of the processing operations , the
 description and quantities of the compensating products and the time limit
 for re-importation.
 In the event of such re-imports being likely to cause economio difficulties ,
 consultations shall take place on the initiative of a Member State or of
 the Commission in order to find em appropriate solution .
                               Article 2
  '•    In the case of the compensating produots and the third countries listed        ''
 in the Annex , the authorizations referred to in Article 1 shall be issued
 within the limits of 'the Community quotas whereof the size for the calendar year
 is fixed in the said AnnexT/
 2.    The quotas shall be administered in accordance with the procedure laid
 down in Regulation (EEC) No 1023/70 ^ and shall be allooated~acoording to *
 requirements for the supply of "the compensating products concerned.
(1 ) OJ lîo L 124, 8.6.1970, p. 1.
 ---pagebreak---                              Article 3
Until 30 November of each year any necessary amendments shall be . adopted for
 the following year to the measures provided for in Article 2.
                             Article 4
This Regulation shall enter into force on 1 January 1976 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels .                                         For the Council
                                                            The President
 ---pagebreak---                                                            ANNEX
              flomimiriity Quotas referred to in Article 2
 Compensating Produots
 YUGOSLAVIA                                                 Amount of Quota
        60.04     Knitted undergarments
        60*03 Knitted outergarments
        61*01 Outergarments for men
        61.02 B Outergarments for women
        61*03 Undergarments for men
R0UMAMA
       60.05     Knitted outergarments
       61.01     Outergarments for men
       61.02     Outergarments for women
    ex 61*03     Men's shirts
HUNGARY
       60.04     Knitted undergarments
       60*05     Knitted outergarments
       61.01     Outergarments for men
       61.02     Outergarments for women
       61.03     Undergarments for men
       61.04     Undergarments for women
P0LAND
       60*04     Knitted undergarments
       60.05     Knitted outergarments
       61.01     Outergarments for men
       61.02     Outergarments for women
       61.03     Undergarments for men