CELEX: 31976R0495
Language: en
Date: 1976-03-02 00:00:00
Title: Council Regulation (EEC) No 495/76 of 2 March 1976 concerning import arrangements for certain textile products originating in Hong Kong

No L 59 /4                            Official Journal of the European Communities                               6 . 3 . 76
                                     COUNCIL REGULATION (EEC) No 495/76
                                                     of 2 March 1976
              concerning import arrangements for certain textile products originating in
                                                        Hong Kong
THE COUNCIL OF THE EUROPEAN                                     adopted as one of the criteria for the allocation of the
COMMUNITIES,                                                    Community quantitative limits that the amounts
                                                                admitted under current importation conditions be
Having regard to the Treaty establishing the European           adapted progressively to the requirements of the
Economic Community, and in particular Article 113               market ;
thereof,
                                                                Whereas, for certain other textile products, the Agree­
Having regard to Council Regulation (EEC) No                     ment makes provision for a consultation procedure
1471 /70 of 20 July 1970 establishing a common                  permitting the adoption of protective measures in the
procedure for the autonomous increase of imports                event of a real risk of market disruption ; whereas
into the Community of products subject to measures              under this procedure Hong Kong has undertaken to
of voluntary restraint by exporting countries ('),               introduce voluntary restraint on its exports to certain
                                                                Member States ; whereas the Agreement provides for
                                                                 management of these quantitative limits under a
Having regard to the proposal from the Commission ,
                                                                 system of double checking ;
Whereas, in the context of the Arrangement regarding
international trade in textiles, the European Economic          Whereas to this end such quantitative limits should
Community and Hong Kong have negotiated an                       be fixed for 1976 and 1977, together with detailed
Agreement on trade in textile products ; whereas the             rules for their administration by the Member States ;
Commission has submitted to the Council a recom­
mendation for a Regulation concluding that Agree­               Whereas imports should be charged against the
ment ;                                                           quantitative limits fixed for the year during which the
                                                                goods were exported from Hong Kong ;
Whereas, during the negotiations, the Community
and Hong Kong declared their intention of applying              Whereas certain quantitative limits laid down by the
this Agreement prior to completion of the procedures             Agreement for 1976 should be reduced to take
necessary for its entry into force ;                             account of the exports effected by Hong Kong in
                                                                 1975 in excess of the limits laid down for that year
Whereas import arrangements which will allow the                 and which were the subject of consultations between
negotiated Agreement to be applied should therefore              the Community and Hong Kong in accordance with
be adopted for the products concerned and such                   Article 6 of the Agreement ;
arrangements should enter into force immediately ;
                                                                 Whereas products which enter the Community's
Whereas the Agreement requires the Community to                  customs territory under inward processing or
permit imports of certain textile products within                temporary      admission     arrangements     and       are
quantitative limits, the observance of which will be             re-exported from that territory in their original condi­
guaranteed by a system of double checking ;                      tion or after processing should not be charged against
                                                                 the abovementioned quantitative limits,
Whereas to this end the provisions valid in the
Community for 1976 and 1977 and the criteria for the
allocation of the quantitative limits agreed with Hong
Kong should be fixed ;                                           HAS ADOPTED THIS REGULATION :
Whereas,     because of the considerable disparities
between    the conditions to which imports of the
                                                                                         Article 1
products    concerned into the Member States are
currently  subject and the particular sensitivity of the
Community's textile industry, the achievement of                  1.   During 1976 and 1977 imports into the Commu­
uniformity of these import conditions can be achieved            nity of the textile products listed in Annex A and orig­
only progressively ; whereas to this end it should be            inating in Hong Kong shall be subject to the quantita­
                                                                 tive limits agreed for the Community with Hong
(•) OJ No L 164, 27 . 7 . 1970 , p. 41 .                         Kong and set out in that Annex .
 ---pagebreak--- 6 . 3 . 76                           Official Journal of the European Communities                              No L 59 / 5
2. These quantitative limits shall be allocated                5.      Products which enter the Community s customs
among the Member States by analogy with the proce­             territory under inward processing or temporary admis­
dure laid down in Council Regulation (EEC) No                  sion arrangements and are re-exported from that terri­
 1023/70 of 25 May 1970 establishing a common proce­           tory in their original condition or after processing
dure for administering quantitative quotas (1 ), and in        shall not be charged against the limits referred to in
particular in Article 1 1 thereof, in such a way as to         paragraph 1 .
ensure the expansion and orderly development of
trade in textiles and to permit amounts to be carried                                     Article 2
over or brought forward from one year to another.               1 . Except as provided for in paragraphs 2, 3 and 4,
However, the allocation shall be made on the basis of          imports into the Community of the textile products
the import volumes admitted on the conditions                  originating in Hong Kong which are listed in Annex
currently applied in the Member States and shall                B shall not be subject to quantitative restrictions .
provide for annual rates of increase that are appreci­         2.      In the Member States listed in Annex B, imports
ably higher for those Member States whose import               of the textile products referred to in paragraph 1 shall
volumes are relatively the lowest, in order to align           be subject in 1976 and 1977 to the quantitative limits
them progressively with the requirements of the                set out in that list.
market.
                                                                3 . The quantitative limits referred to in paragraph 2
3 . The competent authorities of the Member States              may be adjusted by analogy with the procedure laid
concerned shall, within the quantitative limits pres­          down in Regulation (EEC) No 1023/70, and in parti­
cribed, automatically authorize the import of the              cular in Article 1 1 thereof.
products referred to in paragraph 1 immediately upon           4.      Article 1 (3), (4) and (5) shall apply to the quan­
production by the importer of a certified copy of an            titative limits referred to in this Article .
export licence granted by the Hong Kong authorities
and containing the details set out in Annex C.                                            Article 3
4. Authorized imports shall be charged against the             This Regulation shall enter into force on the third day
quantitative limits valid for the year during which the         following its publication in the Officidl Journal of
products left the territory of Hong Kong.                       the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 2 March 1976 .
                                                                              For the Council
                                                                               The President
                                                                                G. THORN
(!) OJ No L 124, 8 . 6. 1970, p. 1 .
 ---pagebreak--- No L 59 / 6                                                       Official Journal of the European Communities                                                                       6 . 3 . 76
                                                                                            ANNEX A
                                                                  Quantitative limits referred to in Article 1
                   CCT                                                                                                                                               Quantitative limits
    Cate­                                  N1MEXE code
                  heading                                                                        Description                                   Units
    gory            No                         ( 1975)                                                                                                             1976               1977
      1      ex 55.09                                                    Other woven fabrics of cotton :                                  equivalent           25 1 54 (b)        27 032 (b)
                                55.09-01 ; 02 ; 11 ;           12        — Unbleached or bleached                                         1 000 kg (a)
                                13 ; 14 ; 15 ; 16 ; 17 ;       19
                                21 ; 29 ; 31 ; 33 ; 35 ;       37
                                38 ; 39 ; 41 ; 49 ;            68
                                ex 71 ; 72 ; 73 ; 74 ;         76
                                77 ; 78
                   56.07                                                 Woven fabrics of man-made fibres (discontin­
                                                                         uous or waste) :
                                                                         ex A. Of synthetic textile fibres :
                                56.07-ex 01 ; ex 03 ; 04                          — Unbleached or bleached
                                 11 ; 17 ; 24 ; 32
      2      ex 55.09                                                    Other woven fabrics of cotton :                                  equivalent            10 481 (c)         11 214 (c)
                                55.09-03 ; 04 ; 05 ;           51        — Other than unbleached and bleached                             1 000 kg (a)
                                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 (discontin­
                                                                          uous or waste) :
                                                                          ex A. Of synthetic textile fibres :
                                56.07-ex 01 ; ex 03 ; 05                          — Other         than       unbleached          and
                                07 ; 08 ; 13 ; 14 ; 16 ; 18                              bleached
                                21 ; 23 ; 26 ; 27 ; 28 ; 33
                                34 ; 36
(a) Equivalent weight means the weight obtained on dividing the total area of the fabric in m 2 by the average area of the fabric in m * per kg. For this purpose the average area per kg is to be
     taken as follows :
     — woven fabrics of cotton :                                               5 m -' per kg,
     — woven fabrics of synthetic textile fibres (discontinuous or waste) : 6 m * per kg,
     — woven fabrics of synthetic textile fibres (continuous) :                X in -' per kg .
 (b) The limits established under this category also cover in respect of the United Kingdom imports of the products falling within Common Customs Tariff heading No 51.04 : Woven fabrics of
      man-made fibres (continuous), including woven fabrics of monofil or strip of heading No 51.01 or 51.02 : ex A. Woven fabrics of synthetic textile fibres — unbleached or bleached, there
      being a sub-limit for the United Kingdom on products of Common Customs Tariff subheadings 56.07 ex A and 51.04 ex A.
 (c) The limits established under this category also cover in respect of the United Kingdom imports of the products falling within Common Customs Tariff heading No 51.04 : Woven fabrics of
      man-made fibres (continuous), including woven fabrics of monofil or strip of heading No 51.01 or 51.02 : ex A. Woven fabrics of synthetic textile fibres — other than unbleached or
      bleached, there being a sub-limit for the United Kingdom on products of Common Customs Tariff subheadings 56.07 ex A and 51.04 ex A.
 ---pagebreak---  6 . 3 . 76                                                      Official Journal of the European Communities                                                                     No L 59 /7
                 CCT                                                                                                                                                  Quantita ive limits
  Cate­                                    NIMEXE code
               heading                                                                          Description                                   Units
  gory            No                            ( 1975)                                                                                                             1976               1977
     3      ex 60.04                                                    Undergarments, knitted or crocheted, not                          1 000                   21 680             24 494
                                                                        elastic or rubberized :                                          units (a)
                              . 60.04-ex 1 1 ; 13 ; ex 24 ;             — Shirts, undervests, T-shirts, singlets and the
                                ex 29 ; ex 35 ; 41 ; ex 45 ;                 like
                                ex 59 ; ex 70 ; ex 80
     4          60.05                                                  Outer garments and other articles, knitted or                     1 000 items              28 993              33 294
                                                                       crocheted, not elastic or rubberized :
                                                                       ex A. Outer garments and clothing accessories :
                                 60.05-ex. 01 ; ex (21 to                        — Jerseys and pullovers, slipovers,
                                 39)                                                 twinsets cardigans, bed jackets and
                                                                                     jumpers with the exception of
                                                                                     those which are part of a combina­
                                                                                     tion set (b)
    5           60.05                                                   Outer garments and other articles, knitted or                    1 000 kg (c)          3 1 54 (d)             3 475 (d)
                                                                        crocheted, not elastic or rubberized :
                                                                        A. Outer garments and clothing accessories :
                                                                             ex II . Other :
                                60.05-ex 01 ; 02 to 09 ;                             — Infants' garments
                                11 ;    13  ; 15 ; ex ( 16     to
                                19) ;  ex   (21 to 39); 41     to
                                                                                     — Bathing costumes and trunks
                                49 ;   51   to 59 ; ex ( 61    to                    — Dresses
                                69) ;   71   to 79 ; ex (81    to                    — Skirts
                                85)
                                                                                     — Combination              sets    (including
                                                                                         costumes) (b)
    6       ex 6 1 .0 1                                                 Men's and boys' outer garments :                                1 000 items                2 669               2 736
                                 61 .01 - ex 1 1 ; ex 41 ; ex          — Raincoats of the overcoat type
                                45 ; ex 49
                61.02                                                   Women's girls' and infants' outer garments :
                                                                         ex B. Other than babies' garments :
                                61 ,02-ex 1 1 ; ex 41 ; ex                      — Raincoats of the overcoat type
                                (43 to 49)
(a) Shirts, undervests and T-shirts are regarded as a unit each ; singlets are regarded as half a unit .
(b) A knitted combination set consists of two or three pieces, including a top garment and a knitted lower garment, which are contracted for, packed, consigned and sold together.
(c) This weight is to be taken as that of the textile components of the garments concerned .
(d) The limits established under this category also cover, in respect of the United Kingdom , imports of all other outer garments and clothing accessories classified under CCT heading No 60.05
     other than those specified under category 5 and category 4 .
 ---pagebreak--- No L 59/8
                                                        Official Journal of the European Communities
                                                                                                                                                  6. 3 . 76
                 CCT                                                                                                              Quantitative limits
  Cate­                                NIMEXE code
               heading                                                             Description                       Units
  gory            No                        ( 1975)                                                                             1976               1977
     7     ex 61.01                                          Men's and boys' outer garments :                    1 000       11 538              12 519
                              61.05-51 to 59 ; 71 to 79      — Suits                                             units (a)
                                                             — Jackets, blazers and the like
     8     ex 61.01                                          Men's and boys' outer garments :                   1 000 pairs  52 322              54 926
                              61.01-61 to 69                 — Trousers, breeches and the like
                61.02                                        Women's, girls' and infants' outer garments :
                                                             ex B. Other than babies' garments :
                              61.02-ex (91 to 99)                     — Trousers, jeans, shorts and the like
                                                                          except divided skirts
     9          61.02                                        Women's, girls' and infants' outer garments :       1 000 items   4 535               5 088
                                                             ex B. Other than babies' garments :
                              61.02-41 to 49                          — Coats and jackets
   10           61.02                                        Women's, girls' and infants' outer garments :       1 000 items 11 851              13 170
                                                             ex B. Other than babies' garments :
                              '61 .02-61 to 69 ; 71 to 79             — Dresses
                                                                      — Skirts, including divided skirts
  11            61.02                                        Women's girls' and infants' outer garments :        1 000 items 23 245              24 963
                                                             ex B. Other than babies' garments :
                              61.02-81 to 89                          — Shirts and blouses
  12       ex 61.03                                          Men's and boys' under garments, including          1 000 items  63 125              65 103
                                                             collars , shirt fronts and cuffs :
                              61.03-1 1 ; 15 ; 19            — Shirts
  13        ex 61.03                                         Men's and boys' under garments, including          1 000 items   1 1 882            1 3 467
                                                             collars, shirt fronts and cuffs :
                              61.03-ex 31 ; ex 35 ; ex       — Pyjamas and other night garments
                               39
            ex 61.04                                         Women's, girls' and infants' under garments :
                               61.04-ex 10 ; ex 30 ; ex      — Pyjamas, nightdresses and other night
                               90                                garments
  14             62.02                                       Bed linen , table linen , toilet linen and kitchen  1 000 kg      6 157               6 588
                                                             linen ; curtains and other furnishing articles :
                                                             ex B. Other than net curtains :
                              62.02-1 1 ; 17 ; 41 to 65 ;            — Bed linen
                               71 to 77                              — Table linen
                                                                     — Toilet linen and kitchen linen
 (a ) One suit shall be regarded as two units .
 ---pagebreak--- 6. 3 . 76
                                                               Official Journal of the European Communities                                                                      No L 59/9
                                                                                      ANNEX B
                                                               Quantitative limits referred to in Article 2
                 CCT                                                                                                                                                Quantitative limits
   Cate­                             NIMEXE code
                heading                                                         Description                                                   Units
    gory          No                     ( 1975)                                                                       State (a)                                  1976                1977
     15     ex 60.02             60.02                      Gloves, mittens and mitts, knitted or                   Benelux (a),         1 000 pairs             2 396               2 540
                                                            crocheted, not elastic or rubberized :                  France,                                         209                 222
                                        40                  — Gloves impregnated or coated with                     Italy                                           541             .   573
                                                                artificial plastic materials
                                                            — Other :
                                         60                     — Of synthetic textile fibres
                                        70                      — Of cotton
     16     ex 60.04                                        Under garments, knitted or crocheted,                   Germany,             1 000 kg                   364                 379
                                                            not elastic or rubberized :                              United                                         763                 793
                                60.04-11 ; 15 ex            — Other         than     shirts,     undervests,         Kingdom
                                24 ; 26 ; 27 ; ex               T-shirts, singlets and the like and
                                 29 ; 31 to 34 ; ex             men's and boys' drawers and briefs
                                35 ; ex 45 ; 52 ;
                                54 ; 56 ; ex 59 ;
                                ex 70 ; 80
     17      ex 61.01                                       Men's and boys' outer garments :                         United              1 000 items              1 613               1 710
                                                            — Waterproof garments and raincoats                      Kingdom
                                                                other than raincoats of the overcoat
                                                                type
                 61.02                                      Women's, girls' and infants' outer
                                                            garments :
                                                            ex B. Other than babies' garments : ,
                                                                     — Waterproof garments                 and
                                                                          raincoats    other     than    rain­
                                                                          coats of the overcoat type
     18      ex 61.01                                       Men's and boys' outer garments :                         United              1 000 items             2 240                2 352
                                  61.01-21 ; 29             — Work clothing                                          Kingdom
                 61.02                                      Women's, girls' and infants' outer
                                                            garments :
                                                            ex B. Other than babies' garments :
                                  61.02-21 ; 23                      — Work clothing
      19     ex 61.01                                       Men's and boys' outer garments :                          United              1 000 items               429                 455
                                  61.01-31 ; 35 ; 39        — Articles of apparel used for sports                     Kingdom
                  61.02                                     Women's, girls' and infants' outer
                                                            garments :
                                                            ex B. Other than babie/ garments :
                                  61.02-31 to 38                     — Articles of apparel used for
                                                                          sports
(a ) Imports into Ireland of the products set out in this Annex remain temporarily subject to the import rules and formalities applicable at the date of entry into forte of this Regulation until
     they have been included in the programme for the elimination ot quantitative restrictions provided for in Article 2 ( 2) of the Geneva Arrangement .
(b ) For Benelux only Nimexe heading 60.(12-40 is covered by this restriction .
 ---pagebreak--- No L 59/ 10
                                                              Official Journal of the European Communities                                                                         6 . 3 . 76
                                                                                                                                                                  Quantitative limits
                CCT
  Cate­                            NIMEXE code                                                                        Member
               heading                                                        Description                                                   Units
  gory           No                    ( 1975)                                                                        State (a)                                 1976                1977
   20       ex 61.01                                      Men's and boys' outer garments :                         United                 1 000 kg ;            2 861              3 033
                                                          — Other than :                                           Kingdom
                                                              — Waterproof garments
                                                               — Work clothing
                                                               — Articles of apparel used for
                                                                   sports
                                                               — Suits
                                                               — Trousers, breeches and the like
                                                               — Jackets, blazers and the like
            ex 61.02                                       Women's, girls' and infants' outer
                                                           garments :
                                                           — Other than :
                                                               — Waterproof garments
                                                               — Work clothing
                                                               — Articles of apparel used for
                                                                   sports
                                                               — Coats and jackets
                                                               — Dresses
                                                               — Skirts
                                                                — Shirts and blouses
                                                                — Trousers, jeans and the like
    21      ex 61.03                                       Men's     and    boys'     under garments,               United              1 000 items             4 492               4 762
                                                           including     collars ,   shirt     fronts    and        Kingdom
                                                           cuffs :
                                                           — Other than shirts, pyjamas and
                                                               other night garments
             ex 61.04                                      Women's girls' and infants' under
                                                           garments :
                                                           — Other than pyjamas, nightdresses
                                                               and other nightwear
(a) Imports into Ireland of the products set out in this Annex remain temporarily subject to the import rules and formalities applicable at the date of entry into force of this Regulation until
     they have been included in the programme for the elimination of quantitative restrictions provided for in Article 2 (2) of the Geneva Arrangement.
 ---pagebreak--- 6 . 3 . 76                         Official Journal of the European Communities                                    No L 59/ 11
                                                         ANNEX C
                                           Details referred to in Article 1 (3)
           The export licences issued by the Hong Kong authorities in respect of the products subject to
           restraint under this Regulation shall specify and contain :
           1 . destination ;
           2. serial number ;
           3. importer's name and address ;
           4. exporter's name and address ;
           5. quantity in the units as designated in Annexes A and B to this Regulation and, where the quantity
               is expressed other than in weight, the equivalent weight calculated in accordance with the table of
               equivalences set out hereunder ;
           6. category to which it has been imputed and description of product ;
           7. certification by Hong Kong that the quantity has been debited against the agreed ceiling for
               exports to the Community or, where appropriate, is for immediate re-export or is for inward
               processing and subsequent re-export outside the Community ;
           8 . year during which the products were exported, that is, left the territory of Hong Kong.
 ---pagebreak--- No L 59/ 12                      Official Journal of the European Communities                                    6. 3 . 76
                                                Table of equivalencies
                       Brussels
            Category    Tariff                                                                         Ratio of
                                                           Description
              No     Nomenclature                                                                    equivalency
                       heading
                3     ex 60.04       — Shirts, T-shirts and undervests, knitted or
                                         crocheted                                              6-4 units/kg
                                     — Singlets, knitted or crocheted                         1 2-8 units/kg
                4     ex 60.05       Jerseys, pull-overs, slip-overs, twinsets, cardigans,
                                     bed-jackets and jumpers, knitted or crocheted              5-18 pieces/ kg
                6     ex 61.01       Raincoats of the overcoat type                             1-29 pieces/kg
                      ex 61.02
                7     ex 61.01       — Men's and boys' suits                                    0-70 pieces/kg
                                     — Men's and boys' jackets,        blazers and the like     1-40 pieces/kg
                8     ex 61.01       Men's, boys', ^women's, girls'    and infants' trousers,
                      ex 61.02       jeans, breeches and the like                               2-47 pieces/kg
                9     ex 61.02       Women's, girls' and infants'      coats and jackets        1-25 pieces/kg
               10     ex 61.02       Women's, girls' and infants'      dresses and skirts       2-79 pieces/kg
               11     ex 61.02       Women's, girls' and infants' shirts and blouses            5-55 pieces/kg
               12     ex 61.03       Men's and boys' shirts                                     4-60 pieces/ kg
               13     ex 61.03       Pyjamas, nightdresses and other night garments             3-22 pieces/kg
                      ex 61.04
               15     ex 60.02       Gloves                                                   11-5 pairs/ kg
               17     ex 61.01       Waterproof garments and raincoats other than
                                     raincoats of the overcoat type                             1 -29 pieces/ kg
                      ex 61.02
               18     ex 61.01       Work clothing                                              1-40 pieces/ kg
                      ex 61.02
               19     ex 61.01       Articles of apparel used for sports                        2 00 pieces/kg
                      ex 61.02
              21      ex 61.03       Other woven under garments                                 6-67 pieces/kg
                      ex 61.04