CELEX: 51981PC0125
Language: en
Date: 1981-03-24
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for processing work in respect of certain textile products under Community outward processing arrangements (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 125
Vol. 1981/0033
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                             COM(81 ) 125 final
                                                             Brussels / 24th March 1981
                            PROPOSAL FOR A COUNCIL REGULATION ( EEC )
        opening, allocating and providing for the administration of a
         Community tariff quota for processing work in respect of cer­
        tain textile products under Community outward processing arran­
            gemnts . . _          •            /           "   «.t.. <*». X.ν <*\\
         gement s
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                         (presented by the Commission to the Council )
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COM ( 81 ) 125 final
 ---pagebreak---                  ■■ : • .'iirrr^T.w.TT-                          vyp     . AMAtXòv MP
                                                                  EXPLANATORY                               Mfti? aM ftMM" r
                                                                                                    MEMORANDUM                                                    ; '-r ." ■•; .             _ T r"                 "'
i, V - ■ .                      - -                                                                                                > : ■                  .■            •           ■              "■              -S
>' ' . · *       "     · » *                      ΦΛ \             '·.'·                                                    * -                                             '       ··.·.·                             \*
if \. " In an Arrangement                                  Concluded   ; •
                                                                                        with the Swissv Confederation on 1 August ■• 1969/'}
 k the European Economic                 Economie Communityéommurïity undertook to open                                        openan      an annual duty-free
 ^ Community    Community tariff   tariff quotaquota of     of 11 870      870 000      000 units   units of            of account
                                                                                                                               account of added value for                                                                {
                                                                                                                                                                                                                         I
  I' - various kinds of processing work in respect of cie'rtairi textile products                                                                                                                                   - 1
                under the outward-processing traffic arrangements between the Community
                and Switzerland *                 ■, . ' •;                    . - ;■            ..v -            .              ■                                v Y..\'                                            –
                                                                                                                                           *-
                Under the terms of ' the memorandum ag^eecf at the time the Arrangement was
                                                                                                                                                   -        ■'                 .·                -       V     ''      - 'ί
                made, this annual tariff quota is divided into . three categoires of pro-                                                                                                                                  |
                cessing, based on the quantities recorded under the former bilateral                                                                                                                     ,                |
   tv agreements ( concluded with Switzerland by France, Germany and Italy ),
             . –but taking into" account the'                     ; ;; possibi lities                          "         of extending ; it to the Benelux                                                                  |
              ■ countries .                                   ,*                                                  v*
    η                                 -.ν ·■ '  ■    ·: ν      1    ·-               ·■·.;· .■            ■; ■· ι ./
                                                                                                     t.         ■   •                       r       .                               4    •                        -         A
    ί                                                                                                             π ?■                . - Γ . ■·.              Λ.· ν      ·       -           ;    .... ;.            . I
    ^
    r      •
                On the basis of thJt division the total quota amo,M»)t,of 1' 870 000 units .
                                                   •                                       i *                                                                                , .          .           •   •         ■.
    l\                                                                                                                                                          s                                            '    ,         i
    l           of account is allocated, in accordance wjth certain amendments / as follows :                                                                                                                                ]
     y .             Ci>' 1 520 000 unit is of account for processing work on woven fabrics falling ,.
         :
     £                       within Chapters 50 to 57 of the Common . Customs Tariff;                                                                                                                             < ?
                   ( ii >- 123 000 units of account for twisting or throwing,' re-twisting,                                                                                                         \                      1
      f
                             cabling , texturizing (whether or ! hot combined with trther processing                                                                                                                ^ j
                        V work ) of yarns falling within Chapters '50 ^9 57- of the' Common '                                                                                                                   ^;l
                             Customs Tariff;                    ■    1    ' ■/      ■>.   . .
                                                                                             :               \
                                                                                                             ... V    . ■
                                                                                                                                   ::                                                 . . ■ ■
                                                                                                                                                                                                             \* ?
                Hii ) 227 000 units of account for processing work on articles falling                                                                                                                                     !
       1. '               . within headings . Nos 58.04, 58.05, 58.07,' 5,8*08, 58.09 and <S0.01
                           ■     '  .        .    - ·       ·           '      _               · .-     .-· ·             ·· · "      ' '■
                             of the Common Customs Tariff^ subject to . the setting up of a
             '               Community reserve of . 230 000 o.a .j to be drawn from the above.                                                                                                                            -5
       IV                    quotás, ' i .e,' 160 .000 u«a0y. 13 Q0Q¿ü:« á« ¿nd 57 0QO u«a¿> respect'ively. - |
                  ( 1 ) 6U N «, I. 240- 24.9,197?                            ( itir      <j i f                                         ; ii 'i i'l'-ijf m'i m ir                 •
 ---pagebreak--- . The question whether this Arrangement should continue beyond 31 August 1977
... has been examined on several occasions, notably at the meeting of the
      EEC-Switzerland Joint Committee held on 3 November 1976, in regard to
      the quota amounts which should be adopted thenceforth,, account being
      taken of the fact that the transitional period in, the Free Trade
     Agreement concluded with Switzerland, J uVufer which textile products               ?
     qualifying for Swiss origin status by reason of the processing work                 '
     they have undergone can enter duty-free*, expired on 1 July 1977.
     This question was reconsidered at the meeting of the Joint Committee               :
 ^ held on 8 «ay 1979 in order to examine, in the light of the exp,'eri«nce
 ' gained and of the economy Information available, the-adaptations to be ;
    made to the Arrangement especial Ly as regards the following points s
  - - reduction to be made to the total <fuo?a . aaourit;
. ~ division of this amount into three categories of processing; '                    ■
        allocation of quota amounts among Member States,'.'
    With regard to the first three points raised, the Swiss delegation laid
    stress-on the retention of the/ Arrangement and its Memorandum *„ their
   present- form, but agree provisionally, to the abolition of the division ' '
   of the total - quota . amount of 1 870 000, , £UA into th* three categories      J
   of processing initially adopted . and hence t« the. aggregation of the'
   shares allotted to certain Weaber States -, '
   The attached proposal for a Regulation; therefore serves no other purpose -
   than to open, in European units of account,, the tariff quota provided for
   in the Arrangement in question for the period 1 September 1981 to
  311 August 1982 and to allocate It among the member States' along the
   lines set out In the Memorandum covering . the Arrangement, account
  being taken of the ^■Pt«t1on»'that' have taken place meanwhile and of
  the need to ensure that ;v ajuj7#eaber
 of this tariff ouota«...          "7 :,;
                                                States fchara In the allocation ' "
                                             ri
   /
 ---pagebreak---                                                      Proposal for a
                                         COUNCIL REGULATION (EEC)
                   opening, allocating and providing for the administration of a Community tariff quota for
                   processing work in respect of certain textile products under Community outward
                                                       processing traffic'
   THE COUNCIL OF THE EUROPEAN                                      Whereas provision should be made in particular to
' COMMUNITIES,                                                      ensure equal and continuous access for those
                                                                    concerned with . this quota and consistent application
    Having regard to the Treaty establishing the                    of the rate of duty, prescribed for the said quota until'
    European Economic Community, and in particular                  the quota is exhausted , to all goods re-imported into
    Article 1 1 3 thereof,                                          any of the Member States and which have received
                                                                    one or other of the treatments listed above ; whereas,
                                                                    in the light of these principles, arrangements for the
   Having regard to the proposal from the Commission,               utilization of the quota based on an allocation among
                                                                    the Member States would seem to be consistent with
   whereas on 1 August 1969 the Community                           the Community character of the said quota ; whereas
   concluded an arrangement with Switzerland on                     it therefore seems appropriate to make the allocation
   processing traffic in textiles ; whereas under that              on the basis of the' amount of the traffic under the
   arrangement the Community undertook to open, on                  previous bilateral Agreements, but without precluding
   1 September of every year, an annual duty-free                   participation by Member States not previously
   Community tariff quota for processed goods pf                    involved in such traffic^ '
   1 870 000 .             units of account of added value,                       .                   whereas, to safeguard
   apportioned as follows :                                         the Community character of the quota, provision
                                                                   •should be made to meet requirements which may
   (a) 1 650 000           ,       units of account for             arise in those Member States permitting them to draw
        processing work on woven fabrics .falling within            adequate amounts from the Community reserve ;
 '      Chapters 50 to 57 of the Common Customs
 j      Tariff;
   (b) 143 000           , ■    units of account for the            Whereas, to take account of future trends in the
        twisting or throwing, cabling and texturizing               traffic in question in the various Member States, the
        (whether or not combined with other processing              total quota volume of 1 870 000 European units of
        work) of yarns falling within Chapters 50 to 57 of          account should be divided into two instalments, the
        the Common Customs Tariff;                                  first being allocated among certain Member States
   (c) 77 000 European Units of account for processing              and the second held as a reserve to cover the sub­
        work on products falling within heading Nos                 sequent requirements of Member States when one of
        58.04, 58.05, 58.07, 58.08 , 58.09 and 60.01 of the         their initial shares has been exhausted, and also
        Common Customs Tariff;                                      requirements wh^ch may arise in certain Member
                                                                    States ' in respect of processing work for which no
                                                                    initial share of the quota was allocated ; whereas, in
   Whereas, in order to facilitate administration of this           order to give the parties concerned in each Member
   tariff quota, it was decided no longer to allocate a             State some degree of certainty, it would seem appro­
   quota, provisionally, to each of the above three cate­           priate to fix the first instalment of the Community
   gories of processing ; whereas th6 quota in question             quota , at a relatively high level, namely 1 640 000
   should therefore be opened for the period 1                      European units of account;
   September 198*1 to 31 August 1982, according to the
   procedure provided for under the above arrangement,
   as amended and in compliance with the provisions of
   Council Regulation (EEC) No 2779/78 of 23                        Whereas the Member States may exhaust their initial
   November 1978 on the procedure for applying the                  shares at different rates ; whereas, to avoid disruption
   European unit of account (ECJA) to legal acts          ,cts      of supplies on this account, it should be provided that
   adopted in the customs sphere ('), and in particular   ilar      any Member State which has almost used up one of
   Article 2 thereof; .                                              its initial shares should draw an additional share from
                                                                    the reserve ; whereas, each time its additional share is
                                                                     almost exhausted , a Member State should draw a
                                                               jPTT^rtiier share, and so on, as many times as the reserve
  ,(') OJ No L 353, 30. 11 . 1971, p. 9.                     .                 • *he«ta» the initial and additional shares
 ---pagebreak---                                                            - 2 -
should be valid until the end of the quota period ;                 58.0? Chenille yarn (including flock chenille
whereas this form of administration require* close                          yarn), gimped yarn (other than metallized
collaboration between the Member States and the                             yarn of heading No 52.01 and gimped
Commission, and the Commission must be in a                                  horsehair yarn); braids and ornamental
position to keep account of the extent to which the                          trimmings in the piece ; tassels, pompons
                                                                     i .     and the like ;
quota has' been used up and to inform the Member
States accordingly;                                                 58.08 Tulle and other net fabrics (but not
                                                                             including woven, knitted or crocheted
Whereas, if at a given date during the quota period a                        fabrics), plain (a);
considerable quantity of a Member State s initial                    58.09 Tulle and other net fabrics (but not
share remains unused, it is essential, to prevent a part                      including woven, knitted or crocheted
of the Community tariff quota from remaining                                  fabrics), figured ; hand or mechanically
unused in one Member State while it could be used in                          made , lace, in the piece, in strips or in
others, that such State should return a 1 '.significant                       motifs ;
percentage thereof to the corresponding reserve ;                    60.01 Knitted or crocheted fabric, not elastic or
                                                                              rubberized .
Whereas, since the Kingdom of Belgium, the
 Kingdom of the Netherlands and the Grand Duchy                2. For the purposes of this Regulation :
 of Luxembourg are united in and jointly represented
 by the Benelux Economic Union, all transactions               (ô) 'processing work5 means :
 concerning the administration of the shares allocated                –- for the purposes of paragraph 1 (a) and (c):
 to that economic union may be carried out by any                      • bleaching, dyeing, printing, flocking, impreg­
 one of its members ,
                                                                           nating, ^ dressing and other work which
                                                                           changes the appearance or quality of the
                                                                           goods, without howeitr changing their
                                                                           nature ,
 HAS ADOPTED THIS REGULATION :
                                                                      – for the. purposes of paragraph 1 (b) : twisting
                            Article Î
                                                                           or throwing, cabling and texturizin.g, whether
                                                                           or not combined with reeling , dyeing or other
                                                                           work which changes the appearance, quality
  \. From ! September 1981 to 31 August 1982, a                          . or finish of the goods, without however               ^ j
  Community tariff .quota of 1 870 000 European units                      changing their nature ;
  of account (EUA) of value added shall be opened in .
  respect of goods resulting from processing Vork as           '(b) 'value added' . means :, the difference between the
  provided for in the arrangement with Switzerland on                  value for customs purposes -as defined in
  processing traffic in textiles as follows :                          Community Regulations on this subject at the
                                                                       time of re -importation and the value for customs
' (a) processing work on woven fabrics falling within                  pusposes as it would be' if the products were re-
       Chapters 50 to 57 of the Common Customs                         imported in the state in which they were
       Tariff ;                           .                            exported . .
  (b) twisting or throwing, cabling and textunzing
       (whether or not combined with other processing            3.      Within this tariff quota, the Common Customs
       work) of yarns failing within Chapters 50 to 57 or        Tariff duties shall be totally suspended .
       the Common Customs Tariff;
   (c) processing work ori products falling within the                    Within the same limits , Greece shall apply
       following headings of the Common Customs                  customs duties calculated in accordance with th
       Tariff :                                                  provisions' of the Act of Accession M WXM.
        58.04 Woven pile fabrics and chenille fabrics           ttjjilfwJilSne       of the protocols concluded by reason
                                                                 of 'thai.' accession .
                (other than terry towelling or similar terry
                fabrics of cotton falling , within heading
                No 55.08 and fabrics falling within heading
                No 58.05);                    , ■ ,               4.      Re-imports of products resulting from this
        58.05 Narrow woven fabrics, and narrow fabrics            processing work may not be charged to the tariff
                (bclduc) consisting of warp without weft          quota if they are already free of customs duties under
                 assembled by means of an< adhesive, other        other preferential tariff arrangements.
                 than goods falling within heading
            .    No 58.06 ;                                                     '             Article 2
                                                                   1.      The tariff quota referred to in Article I ( 1 ) shall
                                                                  be divided into two instalments.
                                                                  The " first instalment, 1 640 000 European units of
                                                                  account, shall be allocated as set out below among
                                                                  the Menrber States listed in the above arrangement;
 ---pagebreak---                                                            - 3 -           L
                                                                         - 1
   the shares, subject to Article 6, shall be valid from                                     Article S       •              , N
   1 September 1981 to 31 August 198 S                  .r       ι     %    , ·
                                       .    (EUA )                 Additional shares drawn pursuant to Article 4 shall be
                                                                   valid until 31 August 1982..
                    Benelux                    20 000
                    Germany (FR)         1 080 000
                  . France .                520 000
                                                                                              Article 6
                    Italy                      20 000
                                                                   The Member States referred to in Article 2 ( 1 ) shall,
. 1.       The second       instalment which amounts to            not later than 1 July 1982 , return to the reserve the
   230 000 European units of account shall constitute a            unused portion of 'their initial share which, on
! Community reserve.                                               15 June 1982 , is in excess of 20% of the initial
                                                                   amount. They' may return a greater portion if there
                                                                   are grounds for believing that it may not be used in
                                                                   full.
                              Article 3      ■
                                                                   Member States shall, not later than 1 July 1982 ,
   In case of need in, the other Member States the State 1         notify the Commission of the total quantities of the
   concerned shall, to the extent that the reserve so ;            product in question re-imported up to and including
   permits, draw from Such reserve a sufficient share of           15 June 1982 and charged against the Community
   the quota.                                                      quota and of any portion of their initial quota
                                                                   returned to the reserve .
                                                                                              Article 7
                               Article 4
    1 . ' ' If a Member State has used 90 % or more of its         Ifhe Commission shall keep an account of the shares
    initial share as fixed in Article 2 (1 ), or that share         opened by the Member States pursuant to Articles 2,
    minus any portion returned to the reserve pursuant to           3 and 4 and shall, as soon as the information reaches
   Article 6, it shall forthwith, by notifying the                  it, inform each Member State of the extent to which
    Commission, draw a second share, to the extent that             the reserve has been used up.
    the relevant reserve so permits, equal to 10 % of its                                                          »
    initial share, rounded up as necessary to the next
 , whole number.              _                                     It shall, not' later than 5 July 1982," inform the
                                                                    Member States of the amounts still in reserve
                                                                    following any retyrn of shares pursuant to Article 6.
    2.      If a Member State, after exhausting its initial
    share, has used 90% or more of the second share
    drawn by it, that Member State shall, in accordance             It shall ensure that when an amount exhausting this
   with the conditions laid down in paragraph 1 , draw a            reserve is drawn, the amount so drawn' does not
    third share equal to 5 % of its initial share.           ,      exceed the balance available, and to this end shall '
                                                                    notify the amount of that balance to the Member
                                                                    State making the last drawing.
    3. * If a Member State, after exhausting its second
    share, has used 90 % or more of the third share
    drawn by it, that Member State shall, in accordance
    with the same conditions, draw a fourth share equal                                       Article 8
    to the third .                        '           \
                                                                    1.'         Member States shall     take all   appropriate
   This process shall continue to apply until the reserve           measures to ensure that additional shares drawn
     is exhausted .                                                 pursuant to Article 4 are opened in such a way that
                                                                    re-importation may be charged without interruption
                                                                     against their accumulated shares of the Community
     4. . By way of derogation from paragraphs 1 , 2 and             tariff quota.
     3, a Member State may draw shares lower than those ...
     specified in those paragraphs if there are *grounds for
     believing that those specified may not be used in full.         2. Every Member State shall ensure that all persons
    Any Member State applying this paragraph shall                   established in its territory involved in the processing
     inform the Commission of its grounds for so .doing. ,           traffic have free' access to the shares allocated to it. .
 ---pagebreak---                                                    i
                                                     1
                                                                     - 4 -
3.     The extent to which a Member State has used-                                                 Article lu
up its shares shall be determined on the basis- of the
value added, as established v, hen upon: re -importation                   Member States and the Commission shall cooperate
the products concerned are' entered wif.h the customs                      dose'y to ensure ihat this Regulation is complied
authorities for free circulation .                                         wtth .
                            Añide 9
                                                                                             i      Àriictz 'il
At the request of the Commission, the Member Stages                        Tsii: P.esrutawofi shall enter ir-to force on I Sep' ember
sJ-ali inform it of any r£'^ nip ^ ' x <?, ■: » or ' c o > trc proJuCvS    198 1
sr? ouesiiofi .actually charged against thdr share .
                This Regulation shal! be binding in its estirsty arti -irect:v appbc-.u-.- ie in ah tvjrvoer
                iu :.e3 . '                                                 . >                              •
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