CELEX: 31976R1642
Language: en
Date: 1976-06-29 00:00:00
Title: Council Regulation (EEC) No 1642/76 of 29 June 1976 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

8 . 7. 76                           Official Journal of the European Communities                          No L 182/3
                                   COUNCIL REGULATION (EEC) No 1642/76
                                                    of 29 June 1976
              on the opening , allocation and administration of a Community tariff quota for
              processing work in respect of certain textile products under Community
                                         outward processing arrrangements
THE COUNCIL OF THE EUROPEAN                                   in the light of these principles arrangements for the
COMMUNITIES,                                                  utilization of the quota based on an allocation among
                                                              the Member States would seem to be consistent with
Having regard to the Treaty establishing the European         the Community character of the said quota ; whereas,
Economic Community, and in particular Article 113             it therefore seems appropriate to make the allocation
thereof,                                                      on the basis of the amount of the traffic under the
                                                              previous bilateral agreements, but without precluding
Having regard to the proposal from the Commission ,            participation by Member States not previously
                                                              involved in such traffic, among which the new
Whereas on 1 August 1969 the Community                        Member States are included ; whereas, to safeguard the
concluded an arrangement with Switzerland on                   Community character of the quota, provision should
processing traffic in textiles ; whereas under that arran­    be made to meet requirements which may arise in
gement the Community undertook to open on 1                    those Member States in the future permitting them to
September of every year an annual duty-free Commu­            draw adequate amounts from the Community reserve ;
nity tariff quota for processed goods of 1 870 000
units of account of added value , apportioned as
follows :                                                     Whereas to take account of future tends in the traffic
                                                               in question in the various Member States, the total
(a) 1 650 000 units of account for processing work on          quota volume of 1 870 000 units of account should be
     woven fabrics falling within Chapters 50 to 57 of        divided into two tranches, the first being allocated
     the Common Customs Tariff ;                               among certain Member States and the second held as
(b) 143 000 units of account for the twisting or               a reserve to cover the subsequent requirements of
                                                               Member States when one of their initial shares has
     throwing, cabling and texturizing (whether or not
     combined with other processing works) of yarns            been exhausted and also requirements which may
     falling within Chapters 50 to 57 of the Common            arise in certain Member States in respect of processing
     Customs Tariff ;                                          work for which no initial share of the quota was allo­
                                                               cated ; whereas in order to give the parties concerned
(c) 77 000 units of account for processing work on             in each Member State some degree of certainty it
     products falling within heading Nos 58.04, 58.05,         would seem appropriate to fix the first tranche of the
     58.07, 58.08 , 58.09 and 60.01 of the Common              Community quota at a relatively high level, namely
     Customs Tariff ;                                          1 640 000 units of account ; whereas the total Commu­
                                                               nity reserve of 230 000 units of account shall consist
Whereas, in order that the division of the whole quota         of amounts drawn from the allocations in respect of
into the three categories referred to above shall corres­      each category, that is 160 000, 13 000 and 57 000
pond more exactly with the actual movement of trade            units of account respectively ;
during the reference year or during previous quota
periods as well as with the foreseeable movement of
trade during future quota periods, it has been decided         Whereas the Member States may exhaust their initial
to adjust the said allocation between the three catego­        shares at different rates ; whereas to avoid disruption
ries by giving them 1 520 000, 1 23 000 and 227 000            of supplies on this account it should be provided that
units of account respectively ; whereas the Commu­             any Member State which has almost used up one of its
nity tariff quota in question should be opened for the         initial shares should draw an additional share from the
period 1 September 1976 to 31 August 1977                      reserve ; whereas each time its additional share is
according to the provisions laid down in the arrange­          almost exhausted a Member State should draw a
ment specified above, and in amendments to it ;                further share, and so on, as many times as the reserve
                                                               allows ; whereas the initial and additional shares
Whereas provision should be made in particular to              should be valid until the end of the quota period ;
ensure equal and continuous access for those                   whereas this form of administration requires close
concerned with this quota and consistent application           collaboration between the Member States and the
of the rate of duty prescribed for the said quota until        Commission, and the Commission must be in a posi­
the quota is exhausted, to all goods reimported into           tion to keep account of the extent to which the quota
any of the Member States and which have received               has been used up and to inform the Member States
one or other of the treatments listed above ; whereas          accordingly ;
 ---pagebreak---  No L 182/4                            Official Journal of the European Communities                                8 . 7. 76
Whereas if at a given date during the quota period a                  58.09 Tulle and other net fabrics (but not
considerable quantity of a Member State's initial share                        including woven, knitted or crocheted
remains unused it is essential, to prevent a part of the                       fabrics), figured ; hand or mechanically
quota from remaining unused in one Member State                                made lace, in the piece, in strips or in
while it could be used in others, that such State                              motifs,
should return a significant proportion thereof to the                 60.01 Knitted or crocheted fabric, not elastic or
 reserve ;
                                                                               rubberized .
Whereas, since the Kingdom of Belgium, the
Kingdom of the Netherlands and the Grand Duchy of                 2.    For the purposes of this Regulation :
 Luxembourg are united in and jointly represented by             (a) 'processing work' means :
the Benelux Economic Union, any transaction in
connection with the administration of the shares allo­                — for the purposes of paragraph 1 (a) and (c) :
cated to that economic union may be carried out by                         bleaching, dyeing, printing, flocking, impreg­
any one of its members,                                                    nating, dressing and other work which changes
                                                                           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
                                                                           not combined with reeling, dyeing or other
                            Article 1                                      work which changes the appearance, quality or
                                                                           finish of the goods, without however changing
 1 . As from 1 September 1976 and until 31 August                          their nature ;
 1977, a Community tariff quota of 1 870 000 units of            (b) 'value added' means the difference between the
account of value added shall be opened in the Euro­                   value for customs purposes as defined in Regula­
pean Economic Community in respect of goods                           tion (EEC) No 803/68 (') at the time of reimporta­
resulting from processing work as provided for in the                 tion and the value for customs purposes as it
agreement with Switzerland on processing traffic in                   would be if the products were reimported in the
textiles . Such quota shall be apportioned as follows :               state in which they were exported.
(a) 1 520 000 units of account for processing work on
     woven fabrics falling within Chapters 50 to 57 of           3 . Each portion as laid down in paragraph 1 shall
     the^ Common Customs Tariff ;                                be divided into two tranches, the first being allocated
                                                                 among certain Member States in accordance with
(b) 1 23 000 units of account for twisting or throwing,          Article 2 and the second, being used to constitute a
     cabling and texturizing (whether or not combined            reserve which shall be common to the three categories
     with other processing work) of yarns falling within         of processing.
     Chapters 50 to 57 of the Common Customs
     Tariff ;                                                    4. Within this tariff quota, the Common Customs
(c) 227 000 units of account for processing work on              Tariff duties shall be totally suspended.
     articles falling within the following headings of
     the Common Customs Tariff :                                 Within this tariff quota, the new Member States shall
                                                                 apply duties calculated in accordance with the rele­
     58.04 Woven pile fabrics and chenille fabrics               vant provisions of the Act of Accession .
              (other than terry towelling or similar terry
              fabrics of cotton falling within heading No
              55.08 and fabrics falling within heading No                                   Article 2
              58.05),
     58.05 Narrow woven fabrics, and narrow fabrics               1 . The first tranche of each portion of the quota as
              (bolduc) consisting of warp without weft           laid down in Article 1 ( 1 ) shall be allocated as set out
              assembled by means of an adhesive, other           below among the Member States listed in the above
              than goods falling within heading No               arrangement the shares, subject to Article 6, shall be
              58.06,                                             valid from 1 September 1976 to 31 August 1977.
     58.07 Chenille yarn (including flock chenille
              yarn), gimped yarn (other than metallized          (a) Germany :
              yarn of heading No 52.01 and gimped                     1 080 000      units  of   account, apportioned     as
              horsehair yarn) ; braids and ornamental trim­           follows :
              mings in the piece : tassels, pompons and               — 850 000 units of account for processing work
              the like ,
                                                                          on woven fabrics falling within Chapters 50 to
     58.08 Tulle and other net fabrics (but not                           57 of the Common Customs Tariff,
              including, woven , knitted or crocheted
              fabrics), plain (a),                               (') OJ No L 148 , 28 . 6. 1968 , p. 1 .
 ---pagebreak---  8 . 7. 76                          Official Journal of the European Communities                           No L 182/ 5
     — 100 000 units of account for twisting or                its initial share, rounded up as necessary to the next
          throwing, cabling and texturizing (whether or       whole number.
          not combined with other processing work) of
          yarns falling within Chapters 50 to 57 of the        2.    If a Member State, after exhausting one of its
          Common Customs Tariff,                              initial shares, has used 90 % or more of the second
                                                              share drawn by it, that Member State shall, in accor­
     — 130 000 units of account for processing work
          on products falling within heading Nos 58.04,       dance with the conditions laid down in paragraph 1 ,
          58.05, 58.07, 58.08 , 58.09 and 60.01 of the        draw a third share equal to 5 % of its initial share.
          Common Customs Tariff ;                             3.     If a Member State, after exhausting its second
                                                              share, has used 90 % or more of the third share drawn
(b) France :
                                                              by it, that Member State shall, in accordance with the
      520 000 units of account, apportioned as follows :      same condition, draw a fourth share equal to the third.
     — 500 000 units of account for processing work
          on fabrics falling within Chapters 50 to 57 of      This process shall continue to apply until the reserve
                                                              is exhausted .
          the Common Customs Tariff,
     — 20 000 units of account for processing work on         4.     Notwithstanding paragraphs 1 to 3, a Member
          products falling within heading Nos 58.04,          State may draw shares lower than those specified in
          58.05, 58.07, 58.08 , 58.09 and 60.01 of the        those paragraphs if there are grounds for believing
          Common Customs Tariff ;                             that those specified may not be used in full . Any
                                                              Member State applying this paragraph shall inform
(c) Italy :                                                   the Commission of its grounds for so doing.
     20 000 units of account, i.e. half for twisting or
     throwing, cabling and texturizing (whether or not
                                                                                       Article 5
     combined with other processing work) of yarns
     falling within Chapters 50 to 57 of the Common
                                                              Additional shares drawn pursuant to Article 4 shall be
     Customs Tariff, and half for processing work on
                                                              valid until 31 August 1977.
     products falling within heading Nos 58.04, 58.05,
     58.07, 58.08 , 58.09 and 60.01 of the Common
     Customs Tariff ;                                                                  Article 6
(d) Benelux :                                                 The Member States referred to in Article 2 shall, not
     20 000 units of account for processing work on           later than 1 July 1977, return to the reserve the
     threads and woven fabrics falling within Chapters        unused portion of their initial share which, on 15
     50 to 57 or for products falling within heading          June 1977, is in excess of 20 % of the initial volume.
     Nos 58.04, 58.05, 58.07 , 58.08 , 58.09 and 60.01 of     They may return a greater portion if there are grounds
     the Common Customs Tariff.                               for believing that it may not be used in full .
2.     The second tranche which amounts to 230 000            Member States shall not later than 1 July 1977 notify
units of account shall constitute a Community reserve         the Commission of the total quantities of the product
which may be used for the three categories of                 in question reimported up to and including 15 June
processing.                                                    1977 and charged against the Community quota and
                                                              of any portion of their initial quotas returned to the
                                                              reserve .
                          Article 3
                                                                                       Article 7
In case of need, either in France in respect of the
processing work referred to in Article 1 ( 1 ) (b), or in     The Commission shall keep an account of the shares
any of the new Member States in respect of any of the         opened by the Member States pursuant to Articles 2, 3
categories of processing work, the State concerned            and 4 shall as soon as the information reaches it,
shall, to the extent that the reserve so permits, draw        inform each State of the extent to which the reserve
from such reserve a sufficient share of the quota .           has been used up.
                                                              It shall, not later than 5 July 1977, inform the
                          Article 4                           Member       States  of the   amounts  still  in reserve
                                                              following any return of shares pursuant to Article 6.
1.     If a Member State has used 90 % or more of one
of its initial shares as fixed in Article 2 ( 1 ), or of that It shall ensure that when an amount exhausting this
share minus any portion returned to the reserve               reserve is drawn the amount so drawn does not exceed
pursuant to Article 6, it shall forthwith , by notifying      the balance available, and to this end shall notify the
the Commission draw a second share , to the extent            amount of that balance to the Member State making
that the relevant reserve so permits, equal to 10 % of        the last drawing.
 ---pagebreak--- No L 182/ 6                            Official Journal of the European Communities                            8 . 7 . 76
                            Article 8                                                   Article 9
1.    Member         States  shall   take    all    appropriate  At the request of the Commission, the Member States
measures      to   ensure   that   additional    shares  drawn
                                                                 shall inform it of reimportations charged against their
pursuant to Article 4 are opened in such a way that              shares .
reimportation may be charged without interruption
against their accumulated shares of the quota .
                                                                                        Article 10
2.    Every Member State shall administer its shares
by a system of prior allocation . It shall ensure that all
persons established in its territory involved in the             Member States and the Commission shall cooperate
processing traffic have free access to the shares allo­          closely to ensure that this Regulation is complied
cated to it .                                                    with .
3.   The extent to which a Member States has used
up its shares shall be determined on the basis of the                                   Article 11
value added, as established when upon reimportation
the products concerned are entered with the customs              This Regulation shall enter into force on 1 September
authorities for home use .                                        1976 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Luxembourg, 29 June 1976.
                                                                             For the Council
                                                                              The President
                                                                               G. THORN