CELEX: 51977PC0262
Language: en
Date: 1977-06-08
Title: PROPOSAL FOR A COUNCIL REGULATION concerning import arrangements for certain textile products originating in the Kingdom of Thailand and repealing Regulations (EEC) Nos. 845/77 and ...../77 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
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DOCUMENTS "COM"
COM (77) 262
Vol. 1977/0092
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM(77 ) 262 final
                            /              Brussels , 8 June 1977
             ; .                /
                                                                  ■i   '
                 '    . '     '          ■ 1             -  ■ 7      ;
    *
             \
                                                    ■
                           PROPOSAL FOR A COUNCIL REGULATION
                     concerning import arrangements for certain
                     textile products originating in the Kingdom
                     of Thailand and repealing Regulations ( EEC )
                      Nos . 845/77 and       /77
                                                      \
                 ( submitted to the Council by the Commission )
 COM(77 ) 262 final
 ---pagebreak---                       EXPLANATORY    MEMORANDUM
1.    The Council , by its Decision of 24 February 1976 , authorized the
Commission to open negotiations with the Kingdom of Thailand for the
 conclusion of an agreement on trade in textile products .
2.    In accordance with that Council decision and in consultation with
the Article 113 Committee , the Commission conducted negotiations with
Thailand from 24 to 28 February and from 25 to 29 April 1977 .
      Following these negotiations , a draft agreement was drawn up and initialled
by the heads of delegations on 2 May 1977 .   The Commission is presenting
to the Council a recommendation for a Regulation concluding that agreement .
The two Parties agreed , however , that the provisions of the agreement
should be applied de facto as from 1 June 1977 until the procedures for
the entry into force of the agreement have been completed .
3.    The draft agreement provides in particular for voluntary restraint by
the Thai authorities , within agreed quantitative limits , on exports of
certain textile products to the Community and for checks by the Community
that these limits are not being exceeded .
      In order to carry out these checks , this proposal for a regulation
introduces arrangements whereby imports into the Community of the products
in question are subject to quantitative limits .
4.    The agreement that has been initialled concerns , of course , only
products originating in and coming from Thailand .   The T |-, a -j authorities
are applying voluntary restraint only to direct exports to the Community .
So products in categories covered by the agreement and originating in
Thailand can be freely exported to the Community via another country.
The Community can raise objections to such indirect exports for the
agreement obliges it only to admit products that originate in and
come from Thailand which are accompanied by export certificates drawn
up in accordance with the provisions of the agreement .    Since such
indirect imports are contrary to the aims of the agreement , the import
system established by the Community must necessarily apply to products
originating in Thailand wherever they may come from .
 ---pagebreak--- »
                                   -   2   -
   5.    It is proposed that the Community quantitative restrictions be managed
   in accordance with the same procedure as the Community quantitative quotas
   Laid down in Regulation ( EEC ) No . 1023 / 70 , and in particular Article 11
   thereof .  This procedure requires the Council to fix the criteria for
   the distribution   of the quantitative restrictions .
        The distribution criteria referred to are those that guided the
  preparatory work within the Council for the adoption of decisions on the
  opening of bilateral negotiations under the Arrangement regarding
                                                           (1)
   International Trade in Textiles .     The distribution      will thus be
  based on these criteria and in particular on the results of work already
  accomplished .
  6.    The agreement negotiated provides for the automatic and immediate
  acceptance by the Community authorities of imports subject to a ceiling ,
  upon presentation by the importer of the original export certificate
                                   (2)
  issued by the Thai authorities         stating that the quantities exported
  have been charged against the agreed ceilings .        In practical terms >
  this stipulation means that the Member States' authorities are obliged to
  grant import authorizations automatically and immediately upon presentation
  of a request from the importer which is accompanied by the export certificate
  referred to above , on condition that the agreed limits are not exceeded .
  7.    In order to enable all the aims of the agreement to be accomplished
  as soon as possible , the Commission proposes that the Council adopt
  the attached draft regulation speedily .
  (1 )  The distribution will be the subject of a separate regulation to be
  adopted by the Commission , also on the basis of Regulation No . 1023 / 70 .
  (2)   Department of Foreign Trade - Ministry of Commerce
 ---pagebreak---                          PROPOSAL FOR A COUNCIL REGULATION
  concerning import arrangements for certain textile products originating in
 the Kingdom of THAI LAND and repealing Regulations (EEC ) Nos . 845/77
                                    and    /77 .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ,
Having regard to the proposal from the Commission ,
Whereas in the context of the Arrangement regarding International Trade in
Textiles , the European Economic Community and the Kingdom of Thailand have
negotiated an Agreement on trade in textiles; whereas the Commission has
submitted to the Council a recommendation for a Regulation concluding that
Agreement ;
Whereas , for the purpose of implementing the Agreement , import arrangements
must be adopted for the products in question ;
Whereas the Agreement requires the Community to admit imports of certain
textiles products within quantitative limits , compliance with which will be
guaranteed by an agreed system of bilateral checking ;
Whereas appropriate provisions applicable in the Community should therefore
be adopted for 1977, including criteria for the allocation of the quantitative
limits agreed within the Kingdom of Thailand ;
Whereas , in view of the considerable disparities existing between the conditions
currently governing imports of tffe products concerned into the Member 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 be in particular the gradual adjustment
of the quantities admitted under current import conditions to market
supply requirements ;
 ---pagebreak---   Whereas , for certain other textile products , the Agreement provides
  for a consultatior) procedure enabling safeguard measures to be adopted where
  there is real risk . of market disruption}    whereas , in accordance with
  this procedure , the Kingdom 0 f Thai land has undertaken to apply voluntary
  restraint in respect of exports of certain textile products to certain
 Member States ;      whereas compliance with these quantitative limits will be
 guaranteed by an agreed system of bilateral checking ;
 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 their administration by the Member States ;
 Whereas imports of goods exported from Thailand in 1977 should be charged
 against the quantitative limits fixed       in the Agreement for that same
 period ;
 Whereas steps should be taken to ensure that there is no evasion of the
 objectives of the Agreement by indirect imports of products originating
 in Thai land ;
 Whereas the Agreement provides that those products which enter the Community 's
 customs territory under inward processing or other temporary importation
 arrangements and are re-exported therefrom in their original state or after
 processing should not be charged against the agreed quantitative limits ;
 Whereas , account being taken of Article 12 of the Arr         .-»nt regarding
 International Trade in Textiles , on which the above-mentioned Agreement
 between the EEC and Thailand is based , the latter does not apply to
 textile products of silk , of flax or of ramie ;
 Whereas this Regulation replaces the temporary measures laid down by
 Council Regulation ( EEC ) No . 845 / 77 of 25 April 1977 maintaining in force the
 arrangement s for the authorization of imports into Prance and into the United
 Kingdom of. certain knitted or orocheted undergarments originating in the
                                                             (1
 Republic of the Philippines or the Kingdom of Thailand v ' and "by Council
 Regulation (EEC ) No             of          1977 maintaining in force the arrange­
ments for the authorization of imports into Italy of certain woven fabrics of
 cotton and certain woven fabrics of synthetio textile fibres originating in
the Kingdom of Thailand^' .
M
l2J
           5° * TL 1 °4 ' 28.4.1977 , p. 1 .
     0«Jè No * L
 ---pagebreak--- HAS ADOPTED THIS REGULATION
                                  Article 1
1.     Imports into the Community of the textile products listed in Annex A ,
originating in the Kingdom of Thailand and exported between 1 January
and 31 December 1977 , shall be subject to the quantitative limits agreed
between the Community and Thailand and set out in that Annex .
2.     These quantitative limits shall be allocated among the Member States
in accordance with the procedure laid down in Council Regulation ( EEC ) No .
1023 / 70 of 25 May 1970 establishing a common procedure for administering
                      (1)
quantitative quotas       , and in particular in Article 11 thereof , in such
a way as to ensure the expansion and orderly development of trade in
textiles .   However , the allocation shall be made on the basis of the
import volumes admitted under the conditions currently applied in the
Member States .
                                                   i>v A I I ill | 1 1 I
3.     The importation into the Community of the products referred to in
paragraph 1 is hereby made subject to the production of an import authorization
issued by the competent authorities of the Member States concerned . These
import authorizations shall be issued for a quantity which shall be such as
to ensure that the total volume of imports does not exceed the quantities
referred to in paragraph 1 .
4.     The import authorizations shall be issued within the limits referred
to in paragraph 1 , automatically and immediately either upon production of
a bill of lading proving that the goods were placed on board in Thailand
to be exported to the Community before the date on which this Regulation
enters intoforce or upon production by the importer of the original of the
export certificate granted by the competent authorities of Thailand
containing the detai Is set out in Annex C.
(1 )   O.J. No . L 124,8.6.1970, p. 1
 ---pagebreak--- 5.   Products which enter the Community 's customs territory under inward
               *
processing or other temporary admission arrangements and are re-exported from
that territory in their original condition or after processing shall not
be charged against the limits referred to in paragraph 1 .
                                   Article 2
1 . Without prejudice to paragraphs 2 , 3 and 4 , imports into the
Community of the textile products originating in Thailand which are listed
in Annex B shall not . be subject to quantitative restrictions .
2.   In the Member States listed in Annex B , imports of the textile products
referred to in paragraph 1 exported from Thailand between 1 January and
31 December 1977 shall be subject to-the quantitative limits set out in that Annex .
3.   The quantitative limits referred to in paragraph 2 may be adjusted in
                                           \
accordance with the procedure laid down in Regulation ( EEC ) No 1032 / 70,
and in particular Article 11 thereof .
4.   Article 1 ( 3 ), (4 ) and (5 ) shall apply to the quantitative limits
referred to in this Article .
                                    Article 3
     Imports into the Community of certain traditional Thai, handmade textile
products , originating in Thailand and accompanied by a certificate
conforming to the provisions of Annex D shall not "be subject to quantitative
restrictions .
     The admission of these products into the Community without any quantitative
restrictions shall be subject to the satisfactory operation of the above
system of certificates .
     The Commission shall define the products in question , in accordance
with the description given in the context of the agreement on trade in textile
products negotiated with Thailand .
 ---pagebreak---                                Article 4
      Regulations (EEC ) Nos 845/77 and. /77 are hereby repealed.
                               Article 5
      This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
                                            Done at Brussels ,
                                            For the Council
                                            The President
 ---pagebreak---                                                                                                          1
                                                                                        ANNEX A
                                  Quantitative limits referred to in Article 1
Cate- Common                   Code
          Customs            Nimexe
                                                                                        Quantitative
gory                                                   Description of goods          limits in 1000 kgs
 N      Tariff N°            ( 1977 )
                                                                                          1 9 7 7
  1        55.09                 all           Other woven fabrics of cotton                1H.052
                                             ι
           56.07                 all           Voven fabrics of man-made fibres
     I                                         ( discontinuous or waste ):
                                               A. Of synthetic textile fibres
                                                                                   I
                  j
u1 >     ex 55.09 55.09-03;04;05               Other woven fabrics of cotton :
                  j
                    51 ; 52;53;5^;55           - other than unbleached or bleached
                    56 } 57 i 59 i 61 { 63
                    6k { 65 ; 66 ; 67 » 69
                    ex 71 ; 8i ; 82;83
                    8 ^; 86 ; 87 ; 92 ; 93 }
                    97                                                                       3.811
           56.07    56.07-ex 01 ; 05 »         Woven fabrics of man-made fibres
                    07;08;13;l lf;l6 ;         ( discontinuous or waste ):
                    18;21 ; 23 î 26 ; 27 ï
                    28 ; 33 ? 3^; 36           ex A. Of synthetic textile fibres
                                                      - other than unbleached or
      I
                                                         bleached                                   .   '
      I
      I
           Note :    Category No 1 A is a subcategory within category No 1 and the quan­
                     titative limits for category No 1 A are sublimits within the overall
                     limits for category No 1 .
 ---pagebreak---                                                                                         ANNEX B
                              Quantitative limits referred to in Article 2
Cate-                  Code
                                                                                             Quanti­
        OCT No       Nimexe                Description of goods          Unit8
                                                                                Region ( s ) tative
gory                                                                              covered    limits
 No                  ( 1977 )                                                                 1977
       ex 60.04   60.04-ex 11,13 , Under garments , knitted or cro­ 1000          France      1Λ50
                  ex 19 , ex 29 , M , cheted , not elastic nor rubbe­ pièces    • United
                  ex ^9 , ex 59 »     rised :                                                1Λ00
                                                                                Kingdom
                  ex 70 , ex 80       - Shirts , T-shirts , rollneck-
                                        undershirts , underpants and
                                        briefs , singlets and similar
                                        articles , other than silk or
                                        noil or other waste silk or
                                        of flax or ramie
        60.05   60.05-01,22,23 ,      Outer garments and other artic­ 1000       Germany      2.475
                26,27,29,31 , 32 ,    les , knitted or crocheted , not pièces    United
                35,37,39              elastic nor rubberised :                                2.672
                                                                                 Kingdom
                                      ex A. Outer garments and
                                              clothing accessories :             Ireland          38
                                              - Jerseys , pull-overs ,           Denmark        1*08
                                                slip-overs , twinsets ,
                                                cardigans , bed- jackets
                                                and jumpers , other than
                                                silk or noil or other
                                                waste silk or of flax
                                                or ramie
      ex 60,0k  60.0k- ex   11,13 ,   Under garments , knitted or cro­
                ex 19 , ex  29,^1 ,   cheted , not elastic nor rubbe­
                ex ^9 , ex  59 ,      rised :
                ex 70 , ex 80         - Shirts , T-shirts , rollneck-
                                        undershirts , underpants and
                                        briefs , singlets and similar
                                        articles , other than silk or
                                        noil or other waste silk or
                                        of flax or ramie
                                                                         1000
                                                                                 Bénélux      1.050
                                                                         piecee
        60.05 60.05-01,22,23 ,        Outer garments and other artic­
                26,27,29,31,32 ,      les , knitted or crocheted , not
                35,37,39              elastic nor rubberised :
                                      ex A , Outer garments and
                                              clothing accessories :
                                              - Jerseys , pull-overs ,
                                                slip-overs , twinsets ,
                                                cardigans , bed- jackets
                                                and jumpers , other than
                                                silk or noil or other
                                                waste silk or of flax
                                                or ramie
 ---pagebreak---                                                                          ANNEX C
                        Details referred to in Article 1 ( 3 )
The export certificates issued by the competent Thai authorities ( l ) for
products covered by this Regulation shall specify or contain :
1 . the destination , and in particular the Member State for which the goods
     ar« intended ;
2 . the sériai number ;
3 . the name and address of the importer ;
k , the name and address of the exporter ;
5 . the quantity , in the units specified in Annexes A and B pnd for quan­
     tities expressed in units other than weight , the equivalent weight
     calculated on the basis of the table of equivalence below ;
6 * the category against which the products have been charged by the competent
     Thai authorities 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 appropriate , that the
     quantity is intended for immediate re-export from the Community or for
     re-export from the Community after processing .
                               TABLE OF EQUIVALENCE
                                                                     Rate
    CCT No            Description of goods
                                                               of équivalence
  ex 60.04     - Shirts , T-shirts , rollneck undershirts ,     6,4 units/kg
                 knitted or crocheted
               - Singlets , knitted or crocheted               12,8 units/kg
  ex 60.05     - Jerseys , pull-overs , slip-overs , twin­      5»1o items/kg
                  sets , cardigans , bed- jackets and
                  jumpers , knitted or crocheted
( 1 ) Department of Foreign Trade , Ministry of Commerce
 ---pagebreak---                                                                    ANNEX D
                  CERTIFICATE referred to in Article 3
         The certificate issued by the competent Thai authorities for
the products referred to in Article 3 shall contain :
1 . the following heading :
    "Certificate relating to the traditional Thai hand-made textile pro­
     ducts referred to in Article 3 of the Agreement between the EEC and
     Thailand on trade in textile products ";
2 * name and address of the manufacturer :
3 » name and address of the exporter ;
•f # name and address of the impdrter in the Community ;
3 * description of goods ;
6 . quantity ( in kg or items);
7 * name of vessel or flight number ;
8 . port or airport of destination ;
9 * the following declaration :
    "This document is to certify that the above shipment consists of :
     - traditional Thai hand-made textile products , woven , cut , sewn
       or otherwise fabricated by hand , by units of the cottage industry ".