CELEX: 31973R3025
Language: en
Date: 1973-11-06 00:00:00
Title: Regulation (EEC) No 3025/73 of the Council of 6 November 1973 on the opening, allocation and means of administration of a Community tariff quota for the treatment of certain textile products in Community outward processing traffic

9 . 11 . 73                      Official Journal of the European Communities                             No L 309/ 1
                                                          I
                                       {Acts whose publication is obligatory)
                              REGULATION (EEC) No 3025/73 OF THE COUNCIL
                                                 of 6 November 1973
              on the opening, allocation and means of administration of a Community tariff quota
              for the treatment of certain textile products in Community outward processing traffic
THE COUNCIL OF THE EUROPEAN                                   sum of 300 000 units of account on the share of the
COMMUNITIES,                                                  quota granted to Benelux for all processing opera­
                                                              tions and also on the shares of the quotas granted
                                                              to other Member States for the processing of textile
Having regard to the Treaty establishing the Euro­            fabrics and yarns falling under Chapters 50 to 57 of
pean Economic Community, and in particular                    the Common Customs Tariff ; whereas the Commu­
Article 113 thereof ;                                         nity tariff quota in question should be opened for
                                                              the period 1 September 1973 to 31 August 1974
                                                              according to the provisions laid down in the Ar­
Having regard to the proposal from the Commis­                rangement specified above, as amendments ;
sion ;
Whereas on 1 August 1969 the Community
concluded an Arrangement with Switzerland on the              Whereas, as regards the textile products referred to
processing traffic in textiles ; whereas under that           in the abovementioned Arrangement, the new
Arrangement the Community undertook to open an                Member States do not have to take the first step
annual Community duty-free tariff quota on 1
                                                              towards bringing the duties in their customs tariffs
September every year amounting to a total of                  into line with those in the Common Customs Tariff
1 870 000 units of account of added value for
                                                              until 1 January 1974 ; whereas before that date the
processed goods, divided as follows :                         opening of a Community tariff quota does not
(a) 1 650 000 units of account for processing work            oblige these Member States to change their customs
    on woven fabrics falling within Chapters 50 to            tariffs for third countries nor to take part in the
    57 of the Common Customs Tariff ;                         allocation of the Community tariff quota in ques­
(b) 143 000 units of account for the twisting or              tion : whereas different systems should therefore be
    throwing, cabling, texturising ( whether or not           provided for the Member States of the Community
    combined with other processing works) of yarns            as originally constituted and for the new Member
                                                              States .
    falling within Chapters 50 to 57 of the Common
    Customs Tariff ;
(c) 77 000 units of account for processing work on
    articles within heading Nos 58.04, 58.05 , 58.07,
    58.08 , 58.09 and 60.01 of the Common Customs             Whereas, as regards the Member States of the
    Tariff ;                                                  Community as originally constituted :
Whereas in order that the division of the whole               — equal and continuous access to the quota of all
quota into the three categories referred to above                 those concerned must be guaranteed and the rate
shall correspond more exactly with the actual move­                provided for in this quota must be applied,
ment of trade during the reference year it has been                without interruption until the quota has been
decided by joint agreement to raise to 377 000 units               used up, to all goods reimported into any of the
of account the amount of 77 000 units of account                   said Member States which have received one or
set aside for the processing of articles falling within            other of the treatments listed above ; whereas, in
certain tariff headings in the Common Customs                      the light of the principles outlined above,
Tariff between 58.04 and 60.01 by levying a total                  Community tariff arrangement based on an allo
 ---pagebreak---   L 309/2                        Official Journal of the European Communities                              9 . 11 . 73
                                                            — if, at a given date during the quota period, a
  cation among such Member States would seem                    considerable quantity of one or other of the
  to preserve the Community nature of the quota ;               initial shares is left over in a Member State it
  whereas, therefore, it seems appropriate to make              should return a significant proportion to the
  the allocation taking into account the quantities             corresponding reserve, to prevent a part of the
  recorded under the previous bilateral agree­                  Community tariff quota from remaining unused
  ments, without prejudicing the opportunities of               in one Member State when it could be used in
  Member States which previously were not                       others ;
  involved in this traffic ; whereas to safeguard
  the Community nature of the quota in question,
  provision should be made to meet requirements             — since the Kingdom of Belgium, the Kingdom of
  which may arise in these Member States in the                 the Netherlands and the Grand Duchy of Luxem­
  future ; whereas in exceptional cases, the system             bourg are jointly represented by the Benelux
  described in Article 3 may take this factor into              Economic Union, any measure concerning the
  account where an initial share of the quota is                administration    of    shares   allocated  to    that
  not allocated ;                                               Economic Union may be carried out by one of
                                                                its Members ;
                                                            Whereas as regards the new Member States :
— to take account of future trends in the traffic in
  question in the various Member States in ques­            — during the last few years it seems that these
  tion, the total quota volume of 1 870 000 units               Member States have only been involved to a
  of account should be divided into two tranches,               small extent if at all in outward processing
   the first being allocated among these Member                 traffic in the textile sector ; whereas the Commu­
  States and the second part held as a reserve to               nity nature of the tariff quota in question
  cover at a later date requirements of these                   should be safeguarded by making provision for
  Member States who have used up their initial                  any requirements which may arise in these
  share of the quota, and requirements which may                Member States after 1 January 1974 ; whereas
  arise in certain Member States' processing work               these Member States must therefore be enabled
  for which an initial share of the quota was not               after this date to draw adequate shares from the
  allocated ; whereas in order to give the parties              Community reserves ;
  concerned     in   each  of  the  Member     States
  concerned some degree of certainty it would be
  appropriate to fix the first tranche of the               — whereas the duties for the quota are to be fixed
  Community tariff quota at a relatively high                    by the new Member States in accordance with
  level, that is 90°/o of the amount of the quota ;             the Act concerning the Conditions of Accession
  whereas the reserve (amounting to 10 °/o) sh(?uld             and the Adjustments to the Treaties (*), and in
  be appropriated to each category of work                      particular Article 39 ( 1 ) thereof ;
  pursuant to the arrangement in question ;
                                                            — whereas equal and continuous access to the
                                                                 quota should be ensured in such processing
                                                                 traffic and the rate of duty for the quota should
                                                                 be applied consistently to all re-dmports into
— the Member States' initial shares may be used                 those Member States of products on which one
   up fairly rapidly ; whereas, therefore, to avoid              or other of the aforementioned types of
   disruption of supplies any Member State which                processing work, have been carried out until the
  has almost used up one of its initial shares must             quota is used up,
  draw a supplementary share from the corres­
  ponding reserve ; whereas this must be done by
   each Member State as each one of its supplemen­
                                                            HAS ADOPTED THIS REGULATION :
   tary shares is almost used up, and as many times
   as the reserve allows ; whereas the initial and
   supplementary shares must be valid until the
                                                                                      Article 1
   end of the quota period ; whereas this form of
   administration requires close collaboration
   between    the   said  Member    States  and    the      1 . As from 1 September 1973 and until 31 August
   Commission, and the Commission must be in a              1974, a Community tariff quota of 1 870 000 units
   position to follow the extent to which the quota
   volume has been used up and inform the
  Member States thereof ;                                   (*) OJ No L 73, 27. 3. 1972, p. 14.
 ---pagebreak---  9 . 11 . 73                           Official Journal of the European Communities                            No L 309/3
                                                                           appearance, quality or finish of the goods,
of account of value added shall be opened in                               without however changing their nature.
 respect of goods resulting from the processing work
 as provided for in the Arrangement with Switzer­                  (b) 'added value' means : the difference between the
 land on processing traffic in textiles. Such quota                    value for customs purposes as defined by Regula­
shall be divided as follows :
                                                                       tion (EEC) No 803/68 (*) and the value for
 ( a) 1 370 000 units of account for processing work                   customs purposes as it would be if the products
      on woven fabrics falling within Chapters 50 to                   were imported in the same state in which they
      57 of the Common Customs Tariff ;                                were exported.
 (b) 123 000 units of account for twisting or
      throwing,        cabling,    texturizing     (whether        3 . Each of the quota amounts referred to in para­
      combined with other processing work) of yarns               graph 1 shall be subdivided into two instalments :
      falling within Chapters 50 to 57 of the Common              the first, of approximately 90 %>, shall be allocated
      Customs Tariff ;                                             among the Member States in accordance with
 (c) 377 000 units of account for processing work on               Article 3 , the second, of approximately 10 °/o, shall
      articles falling within the following headings of            constitute the Community reserve.
      the Common Customs Tariff :
      58.04 Woven pile fabrics and chenille fabrics
               (other than terry towelling or similar terry       Provisions applying to the Member States of the
               fabrics of cotton falling within heading                      Community as originally constituted
               No 55.08 and fabrics falling within
              heading No 58.05 ) ;
                                                                                          Article 2
      58.05 Narrow woven fabrics, and narrow
              fabrics ( bolduc) consisting of warp
               without weft assembled by means of an              The Common Customs Tariff duties shall be totally
              adhesive, other than goods falling within           suspended up to the tariff quota referred to in
               heading No 58.06) ;                                Article 1 ( 1 ).
      58.07 Chenille yarn (including flock chenille
              yarn), gimped yard (other than metallized
              yarn of heading No 52.01 and gimped                                         Article 3
               horsehair yarn) ; braids and ornamental
              trimmings in the piece ; tassels, pompoms           1 . The first instalments of each of the quota
              and the like) ;                                     amounts referred to in Article 1 ( 1 ) shall be allo­
      58.08 (Tulle and other net fabrics (but not                 cated among the Member States ; the quotas for
              including woven knitted or crocheted               each Member State subject to Article 7, shall be
              fabrics), plain) ;                                  valid from 1 September 1973 to 31 August 1974,
                                                                  shall be as follows :
     58.09 (Tulle and other net fabrics (but not
              including woven knitted or crocheted                ( a) Germany :
              fabrics), figured ; hand or mechanically
              made lace, in the piece, in strips or in                 1 010 000 units of account, divided as follows :
              motifs) ;
     60.01 (Knitted or crocheted fabric, not elastic                   — 780 000 units of account for processing work
             nor rubberized).                                             on woven fabrics falling within Chapters 50
                                                                          to 57 of the Common Customs Tariff ;
2.      For the purposes of this Regulation :                          — 100 000 units of account for twisting or
(a) 'processing work' means :                                              throwing, cabling, texturizing (whether
                                                                          combined with other processing work) of
      — for the purposes of paragraph 1 ( a) and ( c) :                   yarns falling within Chapters 50 to 57 of the
          bleaching, dyeing, printing flocking, impreg­                   Common Customs Tariff ;
          nating, dressing and other . work which
          changes the appearance or quality of the                     — 130 000 units of account for processing work
          goods, without, however, changing their                         on articles falling within headings 58.04,
          nature ;                                                        58.05 , 58.07, 58.08 , 58.09 and 60.01 of the
                                                                          Common Customs Tariff :
     — for the purposes of paragraph 1 ( b) :
          twisting or throwing, cabling and textur­
          izing, whether or not combined with reeling,
          dyeing or other work which changes the                 (* OJ No L 148 , 28 . 7. 1968, p . 1 .
 ---pagebreak--- No L 309/4                           Official Journal of the European Communities                               9 . 11 . 73
                                                               2.      If, after one or other of these initial shares has
(b ) France :                                                  been exhausted, 90 °/o or more of the second share
     600 000 units of account, divided as follows :            drawn by a Member State has been used, that
                                                               Member State shall proceed without delay, by noti­
     — 430 000 units of account for processing work            fying the Commission, to draw a third share equal
          on fabrics falling within Chapters 50 to 57          to 5 °/o of its initial share, to the extent that the
          of the Common Customs Tariff ;                       amount in the corresponding reserve allows.
     — 170 000 units of account for processing work
          on articles falling within headings 58.04,           3.     If, after one or other of the second shares has
          58.05 , 58.07, 58.08 , 58.09 and 60.01 of the        been exhausted, 90 °/o or more of the third share
          Common Customs Tariff ;                              drawn by a Member State has been used, that
                                                               Member State shall proceed, pursuant to the provi­
                                                               sions of paragraph 1 , to draw a fourth share equal
( c) Italy :                                                   to the third. That process shall be applied by
                                                               analogy until each reserve is exhausted.
     20 000 units of account, i.e. half for twisting or
      throwing, cabling texturizing (whether combined
     with other processing work) of yarns falling              4.      Notwithstanding paragraphs 1 , 2 and 3 , each
     within Chapters 50 to 57 of the Common                    Member State may proceed to draw shares smaller
     Customs Tariff, and half for processing work on           than those fixed in those paragraphs if there is
     articles falling within headings 58.04, 58.05 ,           reason to believe that those shares might not be
     58.07, 58.08 , 58.09 and 60.01 of the Common              used up. It shall inform the Commission of the
     Customs Tariff ;                                          reasons which led it to apply this paragraph.
( d) Benelux :
                                                                                         Article 6
     20 000 units of account for processing work on
     threads and woven fabrics falling within Chap­
     ters 50 to 57 or for articles falling within head­        Each of the additional shares drawn pursuant to
     ings 58.04, 58.05 , 58.07, 58.08 , 58.09 and 60.01        Article 5 shall be valid until 31 August 1974.
     of the Common Customs Tariff.
2. The second part of each of the quota amounts                                          Article 7
referred to in Article 1 ( 1 ), 150 000, 13 000 and
57 000 units of account respectively, shall constitute
the Community reserve.                                         If, by 15 May 1974, a Member State has not used
                                                               up its initial quota share as fixed by Article 3 ( 1 ) or
                                                               as resulting from the application of Article 4, it
                                                               shall, not later than 10 June 1974, return to the
                          Article 4                            reserve the unused portion of its share in excess of
                                                               20 °/o of the initial amount. It may return a larger
                                                               quantity if there are reasons to consider that such
If there is a demand for the forms of processing               quantity might not be used.
referred to in Article 1 ( 1 ) (b ), that Member State
shall draw the appropriate share from the reserve,             The Member States shall, not later than 10 June
to the extent that the amount of the latter allows .            1974, notify the Commission of the total re-imports
                                                                of the products concerned effected up to 15 May
                                                                1974 inclusive, and charged against the Community
                          Article 5                             quota and, where appropriate, the proportion of its
                                                                initial quota share that is being returned to the
                                                               reserve .
 1.     If 90% or more of one of the initial shares of
a Member State, as laid down in Article 3 ( 1 ), or
90 %> of that share less the amount returned into                                        Article 8
the corresponding reserve, where the provisions of
Article 7 have been applied, has been exhausted,
that Member State concerned shall proceed without              The Commission shall keep account of the quota
delay, by notifying the Commission to draw a                    share opened by Member States in accordance with
second share equal to 10 °/o of its initial share, to           Articles 3 , 4 and 5 and shall inform each of them of
the extent that the amount in the corresponding                 the extent to which the reserves have been used as
reserve allows .                                                soon as it receives the notifications .
 ---pagebreak--- 9 . 11 . 73                       Official Journal of the European Communities                           No L 309/5
The Commission shall, not later than 15 June 1974,                        Provisions for all Member States
notify Member States of the state of each of the
reserves after the return of quota shares pursuant to                                Article 11
Article 7.
                                                              1.     The    Member   States   shall administer their
The Commission shall ensure that any drawing                  shares in accordance with the system of advance
which uses up one of the reserves is limited to the           allocation . They shall guarantee free access to the
balance available and, for this purpose, shall specify        quota shares allocated to all those concerned in this
the amount thereof to the Member State which
                                                              processing trade who are established on their terri­
makes the final drawing.                                      tory .
                        Article 9                             2. The extent to which the quota shares of the
                                                             Member States have been useid up shall be
The Member States shall take all measures neces­              recorded on the basis of the values added adopted
sary to ensure that when additional quota are                 on reimports of the products concerned under cover
drawn pursuant to Article 5 , it is possible for              of declarations that they have been entered into
charges to be made without interruption against              consumption.
their accumulated shares of the Community tariff
quota .                                                                              Article 12
                                                              Member States shall inform the Commission at
     Provisions concerning the new Member States              regular intervals of reimports of products actually
                                                             charged against their quota shares.
                       Article 10
                                                                                     Article 13
1.     If needs arise in the new Member States, as
from 1 January 1974, in respect of the processing            The Member States and the Commission shall co­
work referred under Article 1 ( 1 ), these States shall      operate closely to see that the provisions of the
be allocated an adequate quota from the corres­              preceding Articles are observed.
ponding Community reserve established under para­
graph 2 of the same Article, to the extent that the                                  Article 14
balance available in such reserve is sufficient.
                                                             This Regulation shall enter into force on the day of
2. The new Member States shall apply a tariff                its publication in the Official Journal of the Euro­
duty on the quotas thus - allocated from the reserve,        pean Communities.
in accordance with the relevant provisions of the
Act concerning the Conditions of Accession and the           It shall be applicable as and from 1 September
Adjustments to the Treaties.                                  1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
             Done at Brussels, 6 November 1973 .
                                                                          For the Council
                                                                            The President
                                                                           I. N0RGAARD