CELEX: 31977R0115
Language: en
Date: 1977-01-18
Title: Council Regulation (EEC) No 115/77 of 18 January 1977 concerning import arrangements for certain textile products originating in Malaysia

22. 1 . 77                          Official Journal of the European Communities                          No L 19/7
                                   COUNCIL REGULATION (EEC) No 115/77
                                                  of 18 January 1977
             concerning import arrangements for certain textile products originating in
                                                        Malaysia
THE COUNCIL OF THE EUROPEAN                                   Whereas the quantitative limits laid down by the
COMMUNITIES,                                                  Agreement apply to exports from Malaysia ; whereas
                                                              the goods imported should therefore be charged
                                                              against the quantitative limit fixed for the period in
Having regard to the Treaty establishing the European         which these goods were exported from Malaysia ;
Economic Community, and in particular Article 113
thereof,
                                                              Whereas, for certain textile products, the Agreement
                                                              provides for a consultation procedure enabling safe­
Having regard to the proposal from the Commission,            guard measures to be adopted where there is real risk
                                                              of market disruption ; whereas, in accordance with
                                                              this procedure, Malaysia has undertaken to apply
Whereas, in the context of the Arrangement regarding          voluntary restraint in respect of exports of certain
international trade in textiles, the European Economic        textile products to certain Member States ; whereas
Community and Malaysia have negotiated an Agree­              compliance with these quantitative limits will be
ment on trade in textiles ; whereas the Commission            guaranteed by a system of bilateral checking ;
has submitted to the Council a recommendation for a
Regulation concluding that Agreement, hereinafter
referred to as the 'Agreement' ;                              Whereas, to this end, quantitative limits should be
                                                              fixed for imports of these products into the Member
                                                              States in question and detailed rules laid down for
Whereas, for the purpose of implementing the Agree­           their administration by the Member States ;
ment, import arrangements must be adopted for the
products in question ;
                                                              Whereas the Agreement provides that those products
                                                              which enter the Community's customs territory under
                                                              inward processing or other temporary importation
Whereas the Agreement requires the Community to               arrangements and are re-exported therefrom in their
admit imports of certain textile products within the          original state or after processing should not be
quantitative limits laid down, compliance with which          charged against the agreed quantitative limits ;
will be guaranteed by a system of bilateral checking ;
                                                              Whereas, account being taken of Article 12 of the
Whereas appropriate provisions applicable in the              Arrangement regarding international trade in textiles,
Community should therefore be adopted for the dura­           on which the Agreement is based, the latter does not
tion of the Agreement, including criteria for the alloca­     apply to textile products of silk, of flax or of ramie,
tion of the quantitative limits agreed with Malaysia ;
Whereas, in view of the considerable disparities
existing between the conditions currently governing
imports of the products concerned into the Member             HAS ADOPTED THIS REGULATION :
States and in view of the particular sensitivity of the
Community's textile industry, standardization of these
import conditions can only be achieved progressively ;
whereas the criterion to be adopted for the allocation
of the Community quantitative limits should therefore                                Article 1
be in particular the gradual adjustment of the quanti­
ties admitted under current import conditions to
market supply requirements ;                                  1.    Imports into the Community of the textile
                                                              products listed in Annex A, originating in Malaysia
                                                              and exported between 1 November 1975 and 31
Whereas steps should be taken to ensure that there is         December 1977, shall be subject to the quantitative
no evasion of the objectives of the Agreement by indi­        limits agreed between the Community and Malaysia
rect imports of products originating in Malaysia ;            and set out in that Annex .
 ---pagebreak---  No L 19 / 8                            Official Journal of the European Communities                                  22. 1 . 77
 2. The quantitative limits shall be allocated among              These quantitative limits may be modified according
 the Member States in accordance with the procedure               to the procedure laid down by Regulation (EEC) No
 laid down in Council Regulation (EEC) No 1023/70                  1023/70, and in particular Article 11 thereof.
of 25 May 1970 establishing a common procedure for
administering quantitative quotas ('), and in particular
 in Article 1 1 thereof, in such a way as to ensure the           3.      Paragraphs 3, 4 and 5 of Article 1 shall apply to
expansion and orderly development of trade in textiles            the quantitative limits referred to in this Article .
 and to permit amounts to be carried over or brought
 forward from one year to another.
 However, the allocation shall be made on the basis of                                        Article 3
 the import volumes admitted under the conditions
currently applied in the Member States and shall
 provide for annual rates of increase which are appreci­           Imports into the Community of the textile products
 ably higher for those Member States whose import                 referred to below, originating in Malaysia and accom­
volumes are relatively the lowest, in such a way that             panied by a certificate which is issued and endorsed
 this allocation is gradually aligned with market supply          by the competent Malaysian authorities and contains
 requirements .                                                   the details set out in Annex D, shall not be subject to
                                                                  quantitative restrictions :
3 . The competent authorities of the Member States                (a) cotton handloom fabrics of the cottage industry,
concerned shall, within the quantitative limits pres­
                                                                        containing not more than 5 % by weight of man­
cribed, automatically authorize the import of the
                                                                        made fibres, being fabrics which are both tradition­
 products referred to in paragraph 1 immediately upon                   ally of the kind woven on handlooms and actually
 production by the importer of the original of the                      woven on a loom for which the motive power is
export licence issued by the competent Malaysian                        provided entirely by the operators (that is, where
authorities and containing the details set out in Annex                 the three primary movements of weaving, namely
 C.
                                                                        shedding, picking and beating, are induced by
                                                                        hand or foot and no other source of power is
4. Authorized imports shall be charged against the                      used) ;
quantitative limits valid for the period during which             (b) goods made up by the cottage industry from such
the products were taken aboard in Malaysia for export                   cotton handloom fabrics ;
to the Community.
                                                                  (c) traditional Malaysian folklore handicraft textile
                                                                        products, including handicraft batik products (2),
5. Products which enter the Community's customs                         cut, sewn or otherwise fabricated by hand in
territory under inward processing or other temporary                    cottages which are units of the cottage industry.
importation arrangements and are re-exported there­
from in their original state or after processing shall
not be charged against the quantitative limits referred
to in paragraph 1 .
                                                                                              Article 4
                           Article 2                              This Regulation shall enter into force on the third day
                                                                  following its publication in the Official Journal of
                                                                  the European Communities.
 1.    Save as otherwise provided in paragraphs 2 and
3, imports into the Community of the textile products             (2) Handicraft batik is produced by a traditional batik process
listed in Annex B and originating in Malaysia shall                   by which colours and shades are introduced to a bleached
not be subject to quantitative restrictions .                         or white fabric. The process is carried out manually in
                                                                      three stages namely :
                                                                      (a) waxing (application of wax by hand to the fabric) ;
2.     In the Member States specified in Annex B,
                                                                      (b) dyeing/painting (application of colour either by the
imports of the textile products referred to in para­                       traditional cottage method of dyeing or by hand
graph 1 and exported from Malaysia during the                              painting) ;
periods indicated in that Annex shall be subject to the
quantitative limits given therein .                                   (c) de-waxing (boiling the fabric to remove the wax).
                                                                      The three stages of the process are repeated on the fabric
(') OJ No L 124 , 8 . 6 . 1970 , p. 1 .                               for each of the colours or shades in the resulting design .
 ---pagebreak--- 22. 1 . 77                        Official Journal of the European Communities                                          No L 19 / 9
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 18 January 1977.
                                                                                For the Council
                                                                                 The President
                                                                             Anthony CROSLAND
                                                        ANNEX A
                                     Quantitative limits referred to in Article 1
              CCT                                                                               Quantitative limits (1 000 items)
  Category   heading      NIMEXE code
    No                                                          Description                     1 . 11 . 1975 to
               No            ( 1976)                                                                                         1977
                                                                                                  31 . 12 . 1976
      1    ex 61.03                          Men's and boys' under garments, including                4 328                 3 932
                                             collars, shirts fronts and cuffs :
                      61.03-1 1 ; 15 ;       — Shirts, other than of silk or noil or
                      ex 19                      other waste silk or of flax or ramie
 ---pagebreak--- No L 19 / 10                            Official Journal of the European Communities                                                   22. 1 . r
                                                                   ANNEX B
                                            Quantitative limits referred to in Article 2
                                                                                                                 Quantitative limits
           CCT
  Cate­                  NIMEXE code                                                  Member
          heading                                        Description                             Units
                                                                                                       I. 11 . 1975 to
gory No     No              ( 1976)                                                    States                                           1977
                                                                                                        31 . 12 . 1976
    2       55.09  55.09-all codes      Other woven fabrics of cotton               France    1 000 kg       466                        424
                                                                                    United
                                                                                    Kingdom              1 341 (a)                    1 219 ( b )
             56.07                       Woven fabrics of man-made fibres
                                         (discontinuous or waste) :
                   56.07-01 to 36        A. Of synthetic textile fibres
                                                       including :
   2a    ex 55.09                       Other woven fabrics of cotton :             France    1 000 kg      140                         127
                                                                                    United
                   55.09-03 ; 04 ;      — Other than           unbleached      and
                                             bleached
                                                                                    Kingdom                263                          239
                   05  ;  51 ; 52 ;  53
                   54  ;  55 ; 56 ;  57
                   59  ;  61 ; 63 ;  64
                   65  ;  66 ; 67 ;  69
                   ex    71 ; 81 ;   82
                   83  ; 84 ; 86 ;   87
                   92  ; 93 ; 97
             56.07                      Woven fabrics of man-made fibres
                                        (discontinuous or waste) :
                                        ex A. Of synthetic textile fibres :
                   56.07-ex 01 ; ex             — Other than unbleached
                   03 ; 05 ; 07 ; 08                 and bleached
                   13 ; 14 ; 16 ; 18
                   21 ; 23 ; 26 ; 27
                   28 ; 33 ; 34 ; 36
   3         60.05                      Outer garments and other articles,          Benelux     Items    233 333                     212 000
                                        knitted or crocheted , not elastic or       France               583 333                     530 000
                                        rubberized :
                                        ex A. Outer garments and clothing
                                                accessories :
                   60.05-01 ; 22 ;              — Jerseys and pullovers,
                   23 ; 24 ; 25 ; ex                slipovers , twinsets, cardi­
                   29 ; 31 ; 32 ; 33 ;              gans, bed-jackets and
                   34 ; ex 39                       jumpers, other than of
                                                    silk or noil or other
                                                    waste silk or of flax or
                                                    ramie
   4    ex 61.01                        Men s and boys outer garments :             Benelux     Items    740 833                      673 100
                                                                                    France               583 333                      530 000
                   61.01-61 ; 63 ;      — Trousers         ( including      jeans),
                   65 ; 67 ; ex 69           breeches    and     the like , other
                                             than of silk or noil or other
                                             waste silk or of flax or ramie
 ---pagebreak--- 22 . 1 . 77                                            Official Journal of the European Communities                                                     No L 19 / 11
                CCT
                                                                                                                                          Quantitative limits
    Cate­                       NIMEXE code                                                                Member
              heading                                                    Description                                    Units
 gory No         No                 ( 1976)                                                                 States            1 . 11 . 1975 to
                                                                                                                                                               1977
                                                                                                                               31 . 12. 1976
     4           61.02                                  Women's, girls' and infants' outer
(cont'd)                                                garments :
                                                        ex B. Otherthan babies'garments :
                            61.02-ex 91 ; ex                     — Trousers            ( including
                            93 ; ex 95 ; ex                          jeans), shorts and the
                            96 ; ex 98 ; ex 99                       like, other than of silk or
                                                                     noil or other waste silk
                                                                     or of flax or ramie
                                                                                                                                ( 1 . 11 . 1976 to 31 . 12. 1977)  .
     5           61.02                                  Women's, girls' and infants' outer              France         Items                   650 000
                                                        garments :
                                                        ex B . Other than babies' garments :
                           ' 61.02-83 ; 85 ;                     — Shirts and blouses other
                             87 ; 89                                 than of silk or noil or
                                                                     other waste silk or of
                                                                     flax or ramie
 (a) With a maximum of #75 tonnes for products falling within one or other of heading No 55.09 and subheading 56.07 A.
 (b) With a maximum of 795 tonnes for products falling within one or other of heading No 55.09 and subheading 56.07 A.
 ---pagebreak--- No L 19/ 12                                Official Journal of the European Communities                             22. 1 . 77
                                                                       ANNEX C
                                                     Details referred to in Article 1 (3)
            The export licences issued by the competent Malaysian authorities (') for products covered by this
             Regulation shall specify or contain :
             1 . the destination, and in particular the Member State for which the goods are intended ;
             2. the serial number ;
             3 . the name and address of the importer ;
            4. the name and address of the exporter ;
             5. the net quantity, in the units specified in Annexes A and B to this Regulation, and the value of
                 the products covered by the licence ;
            6. the category against which the products have been charged by the competent Malaysian authori­
                 ties and the description of the products ;
            7 . a declaration to the effect that the quantity in question has been charged against the Member
                 State of destination 's share of the agreed ceiling for exports to the Community, or, where appro­
                 priate, that the quantity is intended for immediate re-export from the Community or for re-export
                 from the Community after processing ;
             8 . the year during which the products were exported, that is when they were taken aboard in
                 Malaysia for export to the Community.
            (') Ministry of Trade and Industry at :
                — Kuala Lumpur ( head office ).
                — Penang , Ciohorbru . Kota Kenia , Kota Baru , Kinabalu , Kuchint» { local officc ).
 ---pagebreak--- 22 . 1 . 77                                Official Journal of the European Communities                                   No L 19 / 13
                                                                        ANNEX D
                                                       Certificate referred to in Article 3
            The certificate issued by the competent Malaysian authorities (') for the products referred to in
            Article 3 of this Regulation shall contain :
            1 . the following heading :
                 'Certificate in respect of cotton handloom fabrics and products thereof ;
            2 . name and address of the manufacturer ;
            3 . name and address of the exporter ;
            4 . name and address of the importer within the Community ;
            5 . description of goods ;
            6 . quantity ( in tonnes or items) ;
            7 . name of vessel or flight number ;
            8 . port or airport of destination ;
            9 . the following declaration (2 ) :
                 'This is to certify that the above shipment consists of :
                 — cotton handloom fabrics (as defined in Article 4 ( 1 ) (i) of the Agreement) containing not more
                     than 5 % by weight of man-made fibres ;
                 — goods made up by the cottage industry from cotton handloom fabrics (as defined in Article 4
                     ( 1 ) (i ) of the Agreement);
                 — traditional Malaysian folklore handicraft textile products cut, sewn or otherwise fabricated by
                     hand in cottages which are units of the cottage industry.
                                                                                                              Signed    '
            (') Ministry of I rade and Industry at
                 — Kuala Lumpur ( head office ),
                 — Penang , Gohorbru , Kota Kenia , Kota Baru , Kinabalu , Kuching ( lot al offices ).
            (-') The definition referred to in the first two indents is that set out in Article    of this Regulation .