CELEX: 31975R1826
Language: en
Date: 1975-07-10 00:00:00
Title: Regulation (EEC) No 1826/75 of the Council of 10 July 1975 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

17 . 7 . 75                         Official Journal of the European Communities                          No L 186/ 1
                                                            I
                                         (Acts whose publication is obligatory)
                             REGULATION ( EEC) No 1826/75 OF THE COUNCIL
                                                    of 10 July 1975
              on the opening , allocation and administration of a Community tariff quota for
              processing work in respect of certain textile products under Community
                                          outward processing arrangements
THE COUNCIL OF THE EUROPEAN                                    trade during future quota periods, it has been decided
COMMUNITIES,                                                   to adjust the said allocation between the three catego­
                                                               ries by giving them 1 520 000 , 123 000 and 227 000
                                                               units of account respectively ; whereas the Commu­
Having regard to the Treaty establishing the European          nity tariff quota in question should be opened for the
Economic Community, and in particular Article 113              period 1 September 1975 to 31 August 1976
thereof ;                                                      according to the provisions laid down in the arrange­
                                                               ment specified above, and in amendments to it ;
Having regard to the proposal from the Commission ;            Whereas provision should be made in particular to
                                                               ensure equal and continuous access for those
                                                               concerned with this quota and consistent application
Whereas on 1 August 1969 the Community                         of the rate of duty prescribed for the said quota until
concluded an arrangement with Switzerland on                   the quota is exhausted, to all goods re-imported into
processing traffic in textiles ; whereas under that arran­     any of the Member States and which have received
gement the Community undertook to open on 1                    one or other of the treatments listed above ; whereas
September of every year an annual duty free Commu­             in the light of these principles arrangements for the
nity tariff quota for processed goods of 1 870 000             utilization of the quota based on an allocation among
units of account of added value, apportioned as                the Member States would seem to be consistent with
follows :                                                      the Community character of the said quota ; whereas,
                                                               it therefore seems appropriate to make the allocation
                                                               on the basis of the amount of the traffic under the
(a) 1 650 000 units of account for processing work on          previous bilateral agreements, but without precluding
     woven fabrics falling within Chapters 50 to 57 of         participation by Member States not previously
     the Common Customs Tariff ;                               involved in such traffic, among which the new
                                                               Member States are included ; whereas, to safeguard the
(b) 143 000 units of account for the twisting or               Community character of the quota, provision should
     throwing, cabling and texturizing (whether or not         be made to meet requirements which may arise in
     combined with other processing works) of yarns            those Member States in the future permitting them to
     falling within Chapters 50 to 57 of the Common            draw adequate amounts from the Community reserve ;
     Customs Tariff ;
(c) 77 000 units of account for processing work on             Whereas to take account of future trends in the traffic
     products falling within heading Nos 58.04, 58.05,          in question in the various Member States, the total
     58.07, 58.08 , 58.09 and 60.01 of the Common
                                                               quota volume of 1 870 000 units of account should be
     Customs Tariff ;
                                                                divided into two tranches, the first being allocated
                                                                among certain Member States and the second held as
                                                                a reserve to cover the subsequent requirements of
Whereas, in order that the division of the whole quota          Member States when one of their initial shares have
into the three categories referred to above shall corres­       been exhausted and also, requirements which may
pond more exactly with the actual movement of trade             arise in certain Member States in respect of processing
during the reference year or during previous quota              work for which no initial share of the quota was allo­
periods as well as with the foreseeable movement of             cated ; whereas in order to give the parties concerned
 ---pagebreak--- No L 186/ 2                       Official Journal of the European Communities                               17 . 7 . 75
in each Member State some degree of certainty it            (c) 227 000 units of account for processing work on
would seem appropriate to fix the first tranche of the           articles falling within the following headings of
Community quota at a relatively high level, namely               the Common Customs Tariff :
1 640 000 units of account ; whereas the total Commu­
nity reserve of 230 000 units of account shall consist            58.04 Woven pile fabrics and chenille fabrics
of amounts drawn from the allocations in respect of                      (other than terry towelling or similar terry
each category, that is 160 000, 13 000 and 57 000                        fabrics of cotton falling within heading No
units of account respectively ;                                          55.08 and fabrics falling within heading No
                                                                         58.05) ;
Whereas the Member States may exhaust their initial               58.05 Narrow woven fabrics, and narrow fabrics
shares at different rates ; whereas to avoid disruption                  (bolduc) consisting of warp without weft
of supplies on this account it should be provided that                   assembled by means of an adhesive, other
any Member State which has almost used up one of its                     than goods falling within heading No
initial shares should draw an additional share from the                  58.06 ;
reserve ; whereas each time its additional share is
almost exhausted a Member State should draw a                     58.07 Chenille yarn (including flock chenille
further share, and so on, as many times as the reserve                   yarn), gimped yarn (other than metallized
allows ; whereas the initial and additional shares                       yarn of heading No 52.01 and gimped
should be valid until the end of the quota period ;                      horsehair yarn) ; braids and ornamental trim­
whereas this form of administration requires close                       mings in the piece ; tassels, pompons and
collaboration between the Member States and the                          the like ;
Commission , and the Commission must be in a posi­                58.08 Tulle      and  other    net fabrics (but     not
tion to keep account of the extent to which the quota                    including woven, knitted or crocheted
has been used up and to inform the Member States                         fabrics), plain (a) ;
accordingly ;                                                     58.09 Tulle and other          net fabrics (but     not
Whereas if at a given date during the quota period a                     including woven , knitted or crocheted
considerable quantity of a Member State's initial share                  fabrics), figured ; hand or mechanically
                                                                         made lace, in the piece, in strips or in
remains unused it is essential, to prevent a part of the                  motifs ;
quota from remaining unused in one Member State
while it could be used in others, that such State                 60.01 Knitted or crocheted fabric , not elastic or
should return a significant proportion thereof to the                    rubberized .
reserve ;
                                                             2.     For the purposes of this Regulation :
Whereas, since the . Kingdom of Belgium , the
Kingdom of the Netherlands and the Grand Duchy of            (a) ' processing work' means :
Luxembourg are united in and jointly represented by               — for the purposes of paragraph 1 (a) and (c) :
the Benelux Economic Union , any transaction in                       bleaching, dyeing, printing, flocking, impreg­
connection with the administration of the shares allo­
                                                                      nating, dressing and other work which changes
cated to that Economic Union may be carried out by                    the appearance or quality of the goods, without
any one of its members,                                               however changing their nature ;
                                                                  — for the purposes of paragraph 1 (b) : twisting or
HAS ADOPTED THIS REGULATION :                                         throwing, cabling and texturizing, whether or
                                                                      not combined with reeling, dyeing or other
                                                                      work which changes the appearance, quality or
                        Article 1                                     finish of the goods, without however changing
                                                                      their nature ;
 1 . As from 1 September 1975 and until 31 August
 1976, 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 re-importa­
resulting from processing work as provided for in the             tion and the value for customs purposes as it
arrangement with Switzerland on processing traffic in             would be if the products were re-imported 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        3.     Each portion as laid down in paragraph 1 shall
     woven fabrics falling within Chapters 50 to 57 of       be divided into two tranches, the first being allocated
     the Common Customs Tariff ;                             among certain Member States in accordance with
(b) 123 000 units of account for twisting or throwing,       Article 3 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 ;                                                (') OJ No L 14«, 28 . 6 . 1968 , p. I.
 ---pagebreak--- 17. 7 . 75                           Official Journal of the European Communities                            No L 186/ 3
4.     Within this tariff quota, the Common Customs                 50 to 57 or for products falling within heading
Tariff duties shall be totally suspended.                           Nos 58.04, 58.05, 58.07, 58.08 , 58.09 and 60.01 of
                                                                    the Common Customs Tariff.
Within this tariff quota, the new Member States shall
apply duties calculated in accordance with the rele­            2.    The second tranche which amounts to 230 000
vant provisions of the Act of Accession .                       units of account shall constitute a Community reserve
                                                               which may be used for the three categories of
                                                                processing.
                          Article 2
1 . The first tranche of each portion of the quota as                                    Article 3
laid down in Article 1 ( 1 ) shall be allocated as set out
below among the Member States listed in the above
arrangement ; the shares, subject to Article 6, shall be        In case of need, either in France in respect of the
valid from 1 September 1975 to 31 August 1976.                  processing work referred to in Article 1 ( 1 ) (b), or in
                                                                any of the new Member States in respect of any of the
                                                                categories of processing work, the State concerned
(a) Germany :
                                                                shall, to the extent that the reserve so permits, draw
     1 080 000     units   of   account,   apportioned   as     from such reserve a sufficient share of the quota .
     follows :
     — 850 000 units of account for processing work                                      Article 4
          on woven fabrics falling within Chapters 50 to
          57 of the Common Customs Tariff ;
                                                                1.     If a Member State has used 90 % or more of one
     — 100 000 units of account for twisting or
                                                                of its initial shares as fixed in Article 2 ( 1 ), or of that
          throwing, cabling and texturizing (whether or         share minus any portion returned to the reserve
          not combined with other processing work) of
                                                                pursuant to Article 6, it shall forthwith, by notifying
          yarns falling within Chapters 50 to 57 of the         the Commission draw a second share , to the extent
          Common Customs Tariff ;
                                                                that the relevant reserve so permits, equal to 10 % of
     — 130 000 units of account for processing work             its initial share, rounded up as necessary to the next
          on products falling within heading Nos 58.04,         whole number.
          58.05 , 58.07, 58.08 , 58.09 and 60.01 of the
          Common Customs Tariff ;          *
                                                                2.     If a Member State, after exhausting one of its
                                                                initial shares, has used 90 % or more of the second
(b) France :
                                                                share drawn by it, that Member States shall , in accor­
     520 000 units of account, apportioned as follows :         dance with the conditions laid down in paragraph 1 ,
                                                                draw a third share equal to 5 % of its initial share.
     — 500 000 units of account for processing work
          on fabrics falling within Chapters 50 to 57 of        3.     If a Member State, after exhausting its second
          the Common Customs Tariff ;                           share, has used 90 % or more of the third share drawn
     — 20 000 units of account for processing work on           by it, that Member State shall, in accordance with the
           products falling within heading Nos 58.04,           same condition, draw a fourth share equal to the third .
           58.05, 58.07, 58.08 , 58.09 and 60.01 of the
           Common Customs Tariff ;                              This process shall continue to apply until the reserve
                                                                 is exhausted .
 (c) Italy :
      20 000 units of account, i.e. half for twisting or         4.    Notwithstanding paragraphs 1 to 3 , a Member
     throwing, cabling and texturizing (whether or not           State may draw shares lower than those specified in
     combined with other processing work) of yarns               those paragraphs if there are grounds for believing
      falling within Chapters 50 to 57 of the Common             that those specified may not be used in full . Any
      Customs Tariff, and half for processing work on            Member State applying this paragraph shall inform
      products falling within heading Nos 58.04, 58.05,          the Commission of its grounds for so doing.
      58.07, 58.08 , 58.09 and 60.01 of the Common
      Customs Tariff ;
                                                                                          Article 5
 (d) Benelux :
      20 000 units of account for processing work on             Additional shares drawn pursuant to Article 4 shall be
      threads and woven fabrics falling within Chapters          valid until 31 August 1976 .
 ---pagebreak--- No L 186/4                             Official Journal of the European Communities                              17. 7. 75
                            Article 6                            pursuant to Article 4 are opened in such a way that
                                                                 re-importation may be charged without interruption
The Member States referred to in Article 2 shall, not
                                                                 against their accumulated shares of the quota.
later than 1 June 1976, return to the reserve the
unused portion of their initial share which, on 15 May
                                                                 2.      Every Member State shall administer its shares
1 976, is in excess of 20 % of the initial volume. They
                                                                 by a system of prior allocation . It shall ensure that all
may return a greater portion if there are grounds for
                                                                 persons established in its territory involved in the
believing that it may not be used in full.
                                                                  processing traffic have free access to the shares allo­
Member States shall not later than 1 June 1975 notify            cated to it.
the Commission of the total quantities of the product
in question re-imported up to and including 15 May               3.     Th£ extent to which a Member State has used up
1976 and charged against the Community quota and                 its shares shall be determined on the basis of the value
of any portion of their initial quotas returned to the­          added, as established when upon re-importation the
reserve .                                                        products concerned are entered with the customs
                                                                 authorities for home use .
                            Article 7
The Commission shall keep an account of the shares                                        Article 9
opened by the Member States pursuant to Articles 2, 3
and 4 and shall as soon as the information reaches it,
inform each State of the extent to which the reserve
                                                                 At the request of the Commission, the Member States
                                                                 shall inform it of re-importations charged against
has been used up.                                                 their shares .
It shall, not later than 5 June 1976, inform the
Member      States    of   the   amounts    still   in  reserve
following any return of shares pursuant to Article 6.                                     Article 10
It shall ensure that when an amount exhausting this
reserve is drawn the amount so drawn does not exceed              Member States and the Commission shall cooperate
the balance available, and to this end shall notify the
                                                                 closely to ensure that this Regulation is complied
                                                                 with .
amount of that balance to the Member State making
the last drawing.
                                                                                          Article 11
                            Article 8
 1.   Member        States   shall   take    all    appropriate  This Regulation shall enter into force on 1 September
measures     to   ensure    that   additional    shares  drawn    1975 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 10 July 1975.
                                                                              For the Council
                                                                                 The President
                                                                                 E. COLOMBO