CELEX: 31974R1769
Language: en
Date: 1974-06-25 00:00:00
Title: Regulation (EEC) No 1769/74 of the Council of 25 June 1974 on the opening, allocation and administration of a Community tariff quota for processing work in respect of certain textile products under Community outward processing arrangements

10 . 7. 74                        Official Journal of the European Communities                          No L 186/ 1
                                                          I
                                        (Acts whose publication is obligatory)
                            REGULATION ( EEC) No 1769/74 OF THE COUNCIL
                                                  of 25 June 1974
              on the opening, allocation and administration of a Community tariff quota for
              processing work in respect of certain textile products under Community
                                         outward processing arrangements
THE COUNCIL OF THE EUROPEAN                                   heading Nos 58.04 and 60.01 by drawing a total of
COMMUNITIES,                                                  300 000 units of account from the share of the quota
                                                              allocated to the Benelux countries for all processing
                                                              operations and also from the shares allocated to
Having regard to the Treaty establishing the European         certain other Member States in respect of the
Economic Community, and in particular Article 113             processing of textile fabrics and yarns falling within
thereof ;                                                     Chapters 50 and 57 of the Common Customs Tariff ;
                                                              whereas the Community tariff quota in question
Having regard to the proposal from the Commission ;           should be opened for the period 1 September 1974 to
                                                              31 August 1975 in accordance with the provisions laid
                                                              down in the above arrangement, as amended ;
Whereas on 1 August 1969 the Community
concluded an arrangement with Switzerland on
processing traffic in textiles ; whereas under that
arrangement the Community undertook to open on 1
September of every year an annual duty-free Commu­            Whereas provision should be made in particular to
nity tariff quota for processed goods of 1 870 000
                                                              ensure equal and continuous access for those
units of account of added value, apportioned as               concerned with this quota and consistent application
follows :                                                     of the rate of duty prescribed for the said quota until
                                                              the quota is exhausted, to all goods re-imported into
                                                              any of the Member States and which have received
(a) 1 650 000 units of account for processing work on         one or other of the treatments listed above ; whereas
     woven fabrics falling within Chapters 50 to 57 of        in the light of these principles arrangements for the
     the Common Customs Tariff ;
                                                              utilization of the quota based on an allocation among
                                                              the Member States would seem to be consistent with
(b) 143 000 units of account for the twisting or              the Community character of the said quota ; whereas,
     throwing, cabling and texturizing (whether or not        it therefore seems appropriate to make the allocation
     combined with other processing work) of yarns            on the basis of the amount of the traffic under the
     falling within Chapters 50 to 57 of the Common           previous bilateral agreements, but without precluding
     Customs Tariff ;                                         participation by Member States not previously
                                                              involved in such traffic, among which the new
(c) 77 000 units of account for processing work on            Member States are included ; whereas, to safeguard the
     products falling within heading Nos 58.04, 58.05,        Community character of the quota, provision should
     58.07, 58.08 , 58.09 and 60.01 of the Common             be made to meet requirements which may arise in
     Customs Tariff ;                                         those Member States in the future permitting them to
                                                              draw on the reserve in accordance with the system
                                                              laid down in Article 3 ;
Whereas in order that the apportionment of the quota
among the three categories referred to above may
correspond more closely with actual trade flows
during the reference year it has been decided by joint
agreement to raise to 377 000 units of account the            Whereas to take account of future trends in the traffic
amount of 77 000 units of account set aside for the           in question in the various Member States, the total
processing of products falling within certain tariff          quota volume of 1 870 000 units of account should be
headings in the Common Customs Tariff between                 divided into two tranches, the first being allocated
 ---pagebreak--- No L 186/ 2                         Official Journal of the European Communities                                  10 . 7 . 74
among certain Member States and the second held as             (b) 1 23 000 units of account for twisting or throwing,
a reserve to cover the subsequent requirements of                   cabling and texturizing (whether or not combined
Member States which       have exhausted      their initial         with other processing work) of yarns falling within
share and also, requirements which may arise in                     Chapters 50 to 57 of the Common Customs
certain Member States in respect of processing work                 Tariff ;
for which no initial share of the quota was allocated ;
whereas in order to give the parties concerned in each         (c) 377 000 units of account for processing work on
Member State some degree of certainty it would seem                 articles falling within the following headings of
                                                                    the Common Customs Tariff :
appropriate to fix the first tranche of the Community
quota at a relatively high level , namely some 90 % of
                                                                    58.04 Woven pile fabrics and chenille fabrics
the full amount of the quota ; whereas the reserve,
                                                                             (other than terry towelling or similar terry
approximately 10 % , should be appropriated to each
                                                                              fabrics of cotton falling within heading No
category of work in accordance with terms of the
                                                                              55.08 and fabrics falling within heading No
arrangement in question ;
                                                                              58.05) ;
Whereas the Member States may exhaust their initial                 58.05 Narrow woven fabrics, and narrow fabrics
shares at different rates ; whereas to avoid disruption                       (bolduc) consisting of warp without weft
of supplies on this account it should be provided that                        assembled by means of an adhesive, other
any Member State which has almost used up one of its                          than goods falling within heading No
initial shares should draw an additional share from the
                                                                              58.06 ;
relevant reserve ; whereas each time its additional
share is almost exhausted a Member State should draw                58.07 Chenille yarn (including flock chenille
a further share , and so on , as many times as the                            yarn), gimped yarn (other than metallized
reserve allows ; whereas the initial and additional                           yarn of heading No 52.01 and gimped
shares should be valid until the end of the quota                             horsehair yarn) ; braids and ornamental trim­
period ; whereas this form of administration requires                         mings in the piece ; tassels, pompons and
close collaboration between the Member States and                             the like ;
the Commission , and the Commission must be in a                     58.08 Tulle and other net fabrics (but not
 position to keep account of the extent to which the                          including woven , knitted or crocheted
quota has been used up and to inform the Member                               fabrics), plain ;
States accordingly ;
                                                                     58.09 Tulle and other net fabrics (but not
Whereas if at a given date during the quota period a                          including woven , knitted or crocheted
 considerable quantity of a Member State's initial share                      fabrics), figured ; hand or mechanically
 remains unused it is essential , to prevent a part of the                    made lace , in the piece, in strips or in
 quota from remaining unused in one Member State                               motifs ;
 while it could be used in others, that such State                   60.01 Knitted or crocheted fabric , not elastic nor
 should return a significant proportion thereof to the                         rubberized .
 reserve ;
 Whereas, since the Kingdom of Belgium , the                    2.      For the purposes of this Regulation :
 Kingdom of the Netherlands and the Grand Duchy of
 Luxembourg are united in and jointly represented by
                                                                (a) ' processing work' means :
 the Benelux Economic Union , any transaction in                     — for the purposes of paragraph 1 (a) and (c) :
 connection with the administration of the shares allo­
                                                                          bleaching, dyeing, printing, flocking, impreg­
 cated to that Economic Union may be carried out by                       nating, dressing and other work which changes
 any one of its Members,                                                  the appearance or quality of the goods, without
                                                                          however changing their nature ;
 HAS ADOPTED THIS REGULATION :                                       — for the purposes of paragraph 1 (b) : twisting or
                                                                          throwing, cabling and texturizing, whether or
                         Article 1                                        not combined with reeling, dyeing or other
                                                                          work which changes the appearance, quality or
 1.    As from 1 September 1974 and until 31 August                       finish of the goods, without however changing
  1975, a Community tariff quota of 1 870 000 units of                    their nature .
 account of value added shall be opened in the Euro­            (b) 'value added ' means : the difference between the
 pean Economic Community in respect of goods                         value for customs purposes as defined in Regula­
 resulting from processing work as provided for in the                tion ( EEC) No 803 / 68 (') at the time of re-importa­
 arrangement with Switzerland on processing traffic in                tion and the value for customs purposes as it
 textiles . Such quota shall be apportioned as follows :              would be if the products were re-imported in the
 (a) 1 370 000 units of account for processing work on                state in which they were exported .
     woven fabrics falling within Chapters 50 to 57 of
     the Common Customs Tariff ;                                (>) OJ No L 148 , 28 . 6 . 1968 , p. 1 .
 ---pagebreak--- 10 . 7 . 74                          Official Journal of the European Communities                              No L 186/3
3.     Each portion as laid down in paragraph 1 shall                58.07, 58.08 , 58.09 and 60.01 of the Common
be divided into two tranches, the first, of approxi­                 Customs Tariff :
mately 90 % , being allocated among certain Member
States in accordance with Article 3 and the second, of         (d) Benelux :
approximately 10 % , to constitute the reserve.                      20 000 units of account for processing work on
                                                                     threads and woven fabrics falling within Chapters
4. Within this tariff quota, the Common Customs                      50 to 57 or for products falling within heading
Tariff duties shall be totally suspended .                           Nos 58.04 , 58.05 , 58.07 , 58.08 , 58.09 and 60.01 of
                                                                     the Common Customs Tariff.
Within this tariff quota, the new Member States shall
apply duties calculated in accordance with the rele­            2. The second tranche of each of the portions of
vant provisions of the Act of Accession .                       the quota as fixed in Article 1 ( 1 ) — 150 000 , 13 000
                                                                and 57 000 units of account respectively — shall
                                                                constitute the reserves .
                          Article 2
1 . The first tranche of each portion of the quota as                                     Article 3
laid down in Article 1 ( 1 ) shall be allocated as set out
below among the Member States listed in the above               In case of need, either in France in respect of the
arrangement ; the shares, subject to Article 6, shall be        processing work referred to in Article 1 ( 1 ) (b), or in
valid from 1 September 1974 to 31 August 1975 :                 any of the new Member States in respect of any of the
                                                                categories of processing work, the State concerned
(a) Germany :                                                   shall , to the extent that the reserve so permits, draw
                                                                from such reserve a sufficient share of the relevant
     1 010 000     units   of   account,   apportioned  as
     follows :                                                  quota .
     — 780 000 units of account for processing work
         on woven fabrics falling within Chapters 50 to                                   Article 4
          57 of the Common Customs Tariff ;
     — 100 000 units of account for twisting or                  1.    If a Member State has used 90 % or more of one
         throwing, cabling and texturizing (whether or          of its initial shares as fixed in Article 2 ( 1 ), or of that
         not combined with other processing work) of            share minus any portion returned to the reserve
         yarns falling within Chapters 50 to 57 of the          pursuant to Article 6, it shall forthwith , by notifying
          Common Customs Tariff ;                               the Commission draw a second share , to the extent
     — 130 000 units of account for processing work             that the relevant reserve so permits, equal to 10 % of
          on products falling within heading Nos 58.04,         its initial share, rounded up as necessary to the next
                                                                whole number.
          58.05, 58.07, 58.08 , 58.09 and 60.01 of the
          Common Customs Tariff ;
                                                                2.     If a Member State, after exhausting one of its
(b) France :                                                    initial shares, has used 90 % or more of the second
                                                                share drawn by it, that Member States shall, in accor­
     600 000 units of account, apportioned as follows :         dance with the conditions laid down in paragraph 1 ,
                                                                draw a third share equal to 5 % of its initial share .
     — 430 000 units of account for processing work
          on fabrics falling within Chapters 50 to 57 of
          the Common Customs Tariff ;                           3.      If a Member State, after exhausting its second
                                                                share, has used 90 % or more of the third share drawn
     — 170 000 units of account for processing work             by it, that Member State shall , in accordance with the
          on products falling within heading Nos 58.04,         same condition , draw a fourth share equal to the third .
          58.05 , 58.07, 58.08 , 58.09 and 60.01 of the
          Common Customs Tariff ;
                                                                This process shall continue to apply until each reserve
                                                                is exhausted .
(c) Italy : .
     20 000 units of account, i.e. half for twisting or         4.      Notwithstanding paragraphs 1 to 3 , a Member
     throwing, cabling and texturizing (whether or not           State may draw shares lower than those specified in
     combined with other processing work) of yarns               those paragraphs if there are grounds for believing
     falling within Chapters 50 to 57 of the Common              that those specified may not be used in full . Any
     Customs Tariff, and half for processing work on             Member State applying this paragraph shall inform
     products falling within heading Nos 58.04, 58.05,           the Commission of its grounds for so doing.
 ---pagebreak--- No L 186/4                           Official Journal of the European Communities                                    10 . 7 . 74
                          Article 5                                                        Article 8
Additional shares drawn pursuant to Article 4 shall be          1.     Member      States   shall   take    all    appropriate
valid until 31 August 1975.                                     measures    to   ensure    that   additional    shares    drawn
                                                                pursuant to Article 4 are opened in such a way that
                          Article 6                             re-importation may be charged without interruption
                                                                against their accumulated shares of the quota.
A Member State which on 15 May 1975 has not
exhausted one or other of its initial shares, as fixed in
                                                                2.     Every Member State shall administer its shares
Article 2 ( 1 ) or arising from the application of Article      by a system of prior allocation . It shall ensure that all
3 , shall, not later than 10 June 1975, return to the rele­     persons established in its territory involved in the
vant reserve the unused portion in excess of 20 % of            processing traffic have free access to the shares allo­
the initial amount. It may return a greater portion if          cated to it.
there are grounds for believing that it may not be used
in full .
                                                                3.     The extent to which a Member State has used up
                                                                its shares shall be determined on the basis of the value
Member States shall not later than 10 June 1975
notify the Commission of the total quantities of the            added, as established when upon re-importation the
product in question re-imported up to and including             products concerned are entered with the customs
                                                                authorities for home use .
15 May 1975 and charged against the Community
quota and of any portion of their initial quotas
returned to the relevant reserve .
                                                                                           Article 9
                           Article 7                            Member      States   shall   inform    the   Commission        at
The Commission shall keep an account of the shares              regular intervals of re-importations charged against
                                                                their shares .
opened by the Member States pursuant to Articles 2, 3
and 4 and shall as soon as the information reaches it,
inform each State of the extent to which the reserves
                                                                                           Article 10
have been used up .
 It shall, not later than 15 June 1975, inform the              Member States and the Commission shall cooperate
Member       States   of  the   amounts   still in  reserve     closely to ensure that this Regulation is complied
 following any return of shares pursuant to Article 6 .         with .
 It shall ensure that when an amount exhausting one
 of the reserves is drawn the amount so drawn does not                                     Article 11
 exceed the balance available, and to this end shall
 notify the amount of that balance to the Member State          This Regulation shall enter into force on 1 September
 making the last drawing.                                        1974 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                 Done a Luxembourg, 25 June 1974.
                                                                              For the Council
                                                                               The President
                                                                             H. D. GENSCHER