CELEX: 51977PC0209
Language: en
Date: 1977-05-31
Title: Proposal for a COUNCIL REGULATION concerning import arrangements for certain jute products originating in the People's Republic of Bangladesh (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 209
Vol. 1977/0079
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(77) 209 final
                                              Brussels , 31 May 1977
                               Proposal for a
                              COUNCIL REGULATION
                                                I
                   concerning import arrangements for certain
                   jute products originating in the People 's
                   Republic of Bangladesh
                   ( submitted to the Council by the Commission )
COMC77 ) 209 final
 ---pagebreak---                      EXPLANATORY MEMORANDUM
 By decision of 20 January 1976 the Council authorized the Commission to
 open negotiations with Bangladesh for the conclusion of a new agreement on
 trade in jute products as the Agreement previously in force had expired . ,
                                                                               {,
 In accordance with this decision the Commission , in consultation with the
 Article 113 Committee , conducted negotiations with Bangladesh in April ,
 May and July 1976 . These negotiations culminated in a draft Agreement
 initialled by the Heads of Delegation on 23 July .     The recommendation for
 a regulation concluding the Agreement submitted by the Commission to the
 Council was approved by the Council on 25 March 1977 .
 The draft Agreement provides inter alia for voluntary restraint , within
 quantitative limits agreed by the Bangladesh authorities , of exports to
 the Community of certain jute products and for a system of control by the
 Community that the agreed limits are being observed .
In order to permit this control to take place , this proposal for a regulation
provides for the introduction of arrangements making imports into the
Community of the products in question subject to quantitative limits .
The Agreement which has been initialled is concerned only with products
originating in and coming from Bangladesh .     The Bangladesh authorities will
therefore apply voluntary restraint only to direct exports to the Community .
Thus products covered by the Agreement and originating in Bangladesh
may be freely exported to the Community through non-member countries .
The Community may oppose such indirect exports , for by the Agreement it is
only obliged to admit products originating in and coming from Bangladesh
 which are accompanied by an export authorization as required by the
 Agreement .
 Since such indirect imports run counter to the objectives of the Agreement
 the import arrangements introduced by the Community must be applied to
 products originating in Bangladesh irrespective of where they come from .
 It is proposed to administer the Community quantitative limits in accord­
 ance with the procedure for administering Community quantitative quotas
 established by Council Regulation ( EEC ) No . 1023/ 70 , and in particular
 Article 11(1 ) thereof . Under this procedure the Council has to determine
 the criteria for allocating the quantitative limits .
 ---pagebreak---                                 - 2 -
    The criteria referred to are primarily those taken as a guide
    for allocating the ceilings of the previous Agreement .
    However , these criteria have been adjusted in the light of ex­
    perience of the functioning of that Agreement , to permit a break­
    down of the Community quantitative limits between the Member
    States on the basis of the results of work already done which
    is better adapted to the supply requirements of the various
    market ( 1 ).
5 . The Agreement which has been initialled provides for the automatic ,
    immediate acceptance by the Community authorities of imports sub­
    ject to a ceiling upon production by the importer of an export
    authorization issued by the Bangladesh authorities certifying that the
    quantities have been set off against the agreed ceilings . This
    provision therefore obliges the Member States , authorities to grant
    import authorizations automatically as soon as a request is made
    accompanied by an export authorization , provided that the agreed
    limits are observed .
6 , So that the objectives of the Agreement may be attained promptly
    the Commission proposes that the Council adopt the draft Regula*-
    tion annexed hereto as soon as possible .
    ( 1 ) The allocation will be the subject of a regulation to be adopted
          by the Comitiission . likewise on the basis of Regulation No 1023/70.
 ---pagebreak---                             PROPOSAL FOR A COUNCIL REGULATION
           concerning import arrangements for certain jute products originating
                            in the People 's Republic of Bangladesh
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard tothe Treaty establishing the European Economic Community ,
 and in particular Article 113 thereof ,
Having regard to the proposal from the Commission ,
Whereas the European Economic Community and the People 's Republic of
Bangladesh have negotiated an Agreement on Trade and Commercial Co-operation
 in jute products ; whereas the Council has approved the recommendation
for a Regulation proposed by the Commission concluding that Agreement ;
Whereas , in order to implement that Agreement , import arrangements
should be laid down for the products concerned ;
Whereas the Agreement requires the Community to permit imports of certain
jute products within quantitative limits , the observance of which will
be guaranteed by a system of double checking ;
Whereas to this end the appropriate provisions valid in the Community
for 1976 , 1977, 1978 and 1979 and the criteria for the allocation of
the quantitative limits agreed with the People 's Republic of Bangladesh
should be adopted ;
Whereas the criteria for allocation must be based on those taken as a
guide in allocating the quantitative limits of the former Agreement with
the People 's Republic of Bangladesh but also , in the light of the functioning
of the former Agreement , be adjusted so as to achieve a breakdown between
Member States which is better adapted to the supply requirements of their
markets ;
Whereas steps should be taken to ensure that the objectives of the Agreement
are not thwarted by indrect imports of products originating in the People 's
Republic of Bangladesh ;
Whereas imports should be set off against the quantitative limits fixed for
the year during which the goods were exported from the People 's Republic
of Bangladesh ;
 ---pagebreak---  Whereas products which enter the Community 's customs territory under
 inward processing or other temporary admission arrangements and are
 re-exported from that territory in their original condition or after
 processing should not be set off against the above-mentioned quantitative
 limits ,
 HAS ADOPTED THIS REGULATION :
                                  Article 1
 1.    Imports into the Community of the jute products listed in Annex A
 which originate in the People 's Republic of Bangladesh and are exported
 between 1 January 1976 and 31 December 1979 shall be subject to the
 quantitative limits agreed between the Community and the People 's
 Republic of Bangladesh and set out in Annex A.
 2.    These quantitative limits shall be allocated among the Member
 States in accordance with the procedure laid down in Council
 Regulation ( EEC ) No . 1023 / 70 of 25 May 1970 establishing a common
procedure for administering quantitative quotas ( 1 ), and in particular
 in Article 11 thereof , in such a way as to ensure the expansion
 and orderly development of trade in jute products and to permit amounts to
 be carried over or brought forward from one year to another . However ,
 the allocation made on the basis of the import volumes admitted on the
 conditions currently applied shall take account of the need to align
 them progressively with the supply requirements of the markets .
 3.    The competent authorities of the Member States concerned shall ,
 within the quantitative limits prescribed , automatically authorize
 the import of the products referred to in paragraph 1 immediately
 upon presentation by the importer of the original export authorization
 issued by the competent authorities of the People 's Republic of
Bangladesh , containing the details set out in Annex B.
( 1 ) OJ No L 124, 8.6.1970, p.l
 ---pagebreak--- 4.   Authorized imports shall be set off against the quantitative limitp
valid for the annual period during which the products were placed on
board in Bang ladeslrin order - tf> -be exported : to the Community .
5 . Products which enter the Community 's customs territory under inward
processing or other temporary admission arrangements and are re–exported
from thai territory in their original condition or after processing shall
not be set off agairtst the quantitative limits referred to in paragraph
1.
                                    Article 2
     This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Communities .
     This Regulation shall be binding in its entirety and directly
applicable in all Member States .
                                             Done at Brussels ,
                   .                          For the Council
                                              The President
 ---pagebreak---                       QUANTITATIVA LI;.HT3 REFERRiiD TO III AI-CICL^ 1
ICategory
 No
          jommon
          Custons             Description                        Quantitative limits I tonnes ) J
          Tariff
          heeding                                              1976       1977    1978    1979
    4/5    57.10  V'oven fabrics of jute or of other
                  textile bast fibrss of heeding
                  No 57,03 :                               . 5 . 720   6.235    6.789     7.386
                  ex B. of a width of more than
                         150 cm, other than those
                         of category No 7
     7    57.10   woven fabrics of jute or of other
                  textile bast fibres of heading
                  No 57.03 :                                 1^386      1.492   1.605 ..  1.725
                  ex B, of a width of more than
                         150 cm, wholly or partially
                         dyed or printed and having
                         no visible selvedges in
                         the width
                                                                ι '
 ---pagebreak---                                                                  ANNEX B
                           DETAILS REFERRED TO IN ARTICLE 1(3 )
        The export authorizations issued by the authorities of the
People 's Republic of Bangladesh in respect of the products covered
by this Regulation shall contain the following particulars :
(a)  the destination ( relevant Member State ).
(b)  the . sériai number ,
(c)  the name and address of the importer ,
(d)  the name and address of the exporter ,
(e)  the net weight ( in kilogrammes or tonnes ) and the value ,
(f)  the category and the classification of the products ,
(g ) certification by the authorities of the People 's Republic of Bangladesh
     stating the ceiling applicable to the product concerned ,
(h)  the year during which the products were exported , i.e. were placed on
     board in India for export to the Community .