CELEX: 51976PC0182
Language: en
Date: 1976-04-23
Title: Proposal for a COUNCIL REGULATION concerning import arrangements for certain textile products originating in the Federal Republic of Brazil (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 182
Vol. 1976/0057
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                         COM(76 ) 182 final .
                                         Brussels . 23 April 1976*
                                                              I
                          Proposal for a
                        COUNCIL REGULATION
        concerning import arrangements for certain textile
        products originating in the Federal Republic of
                             Brazil                      v
           (submitted to the Council by the Commission)
                                              /
                                             V
   COM(76 ) 182 final .
 ---pagebreak---                PROPOSAL FOR A
            COUNCIL  REGULATION
concerning import arrangements for certain textile
products originating in the Federal    Republic of
                  Brazil
 ---pagebreak---                              EXPLANATORY MEMORANDUM
     1
1 . ify a decision of■ .-. 18 March . 1975 "the Council authorized the Commission to
open negotiations with the Federative Republic -of Brazil for__the conclusion of
an agreement on trade in textile products .
2.      In accordance with the above Council decision and in consultation with the
Article 113 Committee , the Commission conducted negotiations with Brazil in the
months of October and December 1975 , January , February and March 1976 .
As a result of those negotiations , a draft agreement was drawn up and initialled
by the Heads of the Delegations on 1 April 1976 .                 The Commission will seize
the Council of a recommandation for a regulation concluding the agreement .
3.       The draft agreement provides in particular for voluntary restraint by the Bra­
zilian authorities , within agreed quantitative limits , of exports of certain
textile products to the Community , and for checks by the Community that the
agreed limits are observed .
For the purpose of such checks , this proposal for a regulation deals with the
introduction of arrangements subjecting imports into the Community of the products
in question to quantitative limits .
4*       Obviously the initialled agreement       is concerned only with products originating
 in and coding from . Brazil . The Brazilian authorities are therefore applying volun~
 tary restraint only to direct exports to the Community . Products in the categories
 covered cy the agreement , originating in Brazil may accordingly be exported free?.;,*
 to the Community via other non-member countries .            The Community can appose such
 indirect exports since under the agreement it is obliged only to admit products
 originating in and corning from Brazil and accompanied by the export certificates
 specified by the agreement .          Since such indirect exports run counter to the
 objective of the agreement , it is essential that the import arrangements introduced
 by the Community be applied to products originating in Brazil no matter which
 country they co~iO from .
  5 » It ir> proponed that the Co-mui-iity quantitative limits be administered in
 accordance with the procedure for administering Comunity quantitative quotas lr.id
 clo-. -n \,y Regulation (iSHIC ) ITo 1023/70 , in particular Article 11 thereof. Under thia
  procedure the Council pnvst establish            : crivd'ia for the allocatj on of the
  quantitative limits .
 ---pagebreak--- The allocation criteria referred to are those which have guided the preparatory
work in the Council for the adoption of the decision concerning the opening of
"bilateral negotiations in the context of the Arrangement regarding International
Trade in Textiles . The allocation'1' will thus "be "based on those criteria and in
 particular on the results of the work already done .
6 . The negotiated agreement provides      that imports covered by a ceiling shall
be accepted automatically and without      delay by the Community authorities uopn
presentation of an export certificate      issued by the Brazilian authorities cer­
tifying that the quantities have been      set off against the ceilings.As regards
administration by the Community , this stipulation means that the authorities of
the Member States are obliged to grant import authorizations automatically and
without delay upon presentation of an application accompanied by an export certifi­
cate , provided that the agreed limits are observed .
7 « By Commission Regulation ( EEC ) No . 790/76 ( 2 ) of April 6 , 1976 , which
entered into force on 8.^.1976 , the Commission has , under the provision of
Council Regulation No . 1*09/7^, established interim measures on Community
imports of textile products affected by the Agreement with Brazil * This was
 done in order that the aims       of that Agreement should not be evaded before
the entry into force of the definitive import arrangements which are the
object of the present proposal .
     The above cited interim measures will therefore be replaced by the
 arrangements which are the object of the present proposal for a Regulation
 on which the Coundil , taking account of the time limits foreseenby Article 12
 of Regulation ( EEC ) no . 1^39/7^, must rule , at latest 6 weeks after the
 entry into force (8 April 1976 ) of the interim measures in question .
      The Commission therefore proposes that the Council adopt the draft regu­
 lation annexed hereto within the above mentioned time limit .
 1
   This allocation will be the subject of a regulation to be adopted by the
    Commission , also on the basis of Regulation ( EEC ) No . 1023/70 .
 2 OJ No. L 92 of 7.M976 , p. 18
 ---pagebreak---                           PROPOSAL FOB A
                        COUNCIL  REGULATION
      concerning import arrangements for certain textile products
            originating in the Federal      Republic of Brazil
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 , within the framework of the Arrangement oh      International Trade
in Textiles , the European Economic Community and the Federative Republic
of Brazil have negotiated an Agreement on trade in textile products ;
whereas the Commission has submitted to the Council a recommendation for a
Regulation concluding that Agreement ;
Whereas~t for the purpose of applying the Agreement which has been negotiated , import
arrangements for the' products in question should be adopted and put into force .'
immediately;          "              *                  j
Whereas the Agreement requires the Community to admit imports of certain
textile products within quantitative limits , the observance of which will
be guaranteed by an agreed system of bilateral oheoking;
Whereas appropriate provisions for 1976 and 1977 should therefore be fixed,
 including the oriteria for the allooation of the quantitative limits agreed "
withBrasil ;     .
                                                                ./
 ---pagebreak---                                 - 2 -
Whereas , because of the considerable differences       between the conditions now
governing imports of the products concerned into the Member States and also
 because of            J the particular sensitivity of the Community 's tex­
tile industry ,^ standardisation of these import conditions can only be achieved
graduelly                whereas the oriterion to be adopted for the allocation of th«
Community quantitative limits should therefore be the gradual adaptation to the 1
supply requirements oT the market of those admitted under current import conditions !
Whereas imports should be set off against the quantitative limits fixed
                                                                            I
for the year     in   . which the goods were exported from Brazil ;
Whereas   those products which enter the Community 's customs territory under,
inward procescing or temporary admission arrangements and are re-expor-
ted    therefrom            in the same 6tate or after processing should not
be set off against the abovementioned quantitative limits ,
HAS ADOPTED THIS REGULATION :
                                                      ./■
 ---pagebreak---                                                           L
                                    - 3 -
                                 Artide 1
 1 ." During 1976 and 1977 imports into the Community of the textile products
listed in Annex A and originating in the Federal                Republic of Brazil shall -
be subject to the quantitative limits agreed with the Federal                 Republic
of Brazil which are set out in the said Annex.
2. These quantitative linits shall "be allocated among the Member States in
accordance with the procedure laid down in Council Regulation (EEC) ITo 1023/70
of 25 May 1970 establishing a COTE on procedure for administering quantitative
quotas^" , and in particular in Article 11 thereof, in such a way as to ensure
the expansion and orderly develop-iont of trade in textiles and to permit amouiv-s
to be carried over or brought forv^rd from one year to another .
Nevertheless t the allocation shall be made on the basis of the import volumes admitted
under        i the conditions currezrll.y applied in the Member States and shall
provide for annual rates of incr ?c,s: <•-? thr.t are appreciably higher for those
Member States whose import volunc*. five relatively the lowc.vi , in order to align
them gradually to       . the supply requirements of the market .
3 * The competent authorities of the Member States concerned shall * within
the quantitative limits prescribed , automatically authorize the import
of the products referred to in paragraph 1 immediately upon production by
 the Importer of an export certificate granted by the competent authorities
 of Brazil , containing the details set out in Annex B.
       Authorized imports shall be set off against the quantitative limits
 valid for the year during which the products were loaded on board ship in Brazil
 for export .
 5 . Products which enter the Community 's customs territory under inward
 processing or other temporary admission arrangements and are re-exported
 therefrom .       in the same state or after processing shall not be set off
  against the limits referred to in paragraph 1 .
  1
    OJ No L 12^, 9.6.1970 , p. 1
 ---pagebreak---                                  - k -
                             Article 2
The measures provided for in this Regulation shall replace those established under
Commission Regulation ( EEC ) No 790/76 of 6 April 1976 amending the interim
measures established with regard to imports of certain textile products
originating in the Federal         Republic of Brazil (l )»
                              Article 3
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 .                                      i
Done at Brussels .                                For the Council
   (l ) OJ No L 92 , 7.4.1976 , p. 18 .
 ---pagebreak---                                                 """"          '       "         ~                                         ANNEX A
                                             QUANTITATIVE LIMITS REFERRED TO IN ARTICLE 1
                                                       ■*T
      I
                           NIMEXE code                                                                        Quantitative, lirnits
Cate-         CCT                                                     Description                   units
cory        heading         ( 1975 )                                                                           1976     '
                                                                                                                          |
                                                                                                                          i
                                                                                                                                1977
ï»            No .
                                                                                                                               28.090
  t           55.05                                      Cotton yarn , not put up for retail sale 1 , 000 kg  26,500      j
           ex 55.09                                      Other woven fabrics of cotton            1 , 000 kg  15,000           15,^50
 2
                       55*09-01 ; 02 ; 1 1 ; 12 ;         - bleached and unbleached
                       13;1**;15;16;17;19 ;
                       21 ; 29;31 ; 33;35;37 ;
                       38;39 ; 1H;*f9;68 ;
                       ex 71 ; 72 ; 73 ; 7^; 76 ;
                     ! 77 ; 78
                     ι
 3         ex 55.09                                        Other woven fabrics of cotton          1 , 000 kg   2,850            3,021
         ί                                                 - other than unbleached and bleached
                       55 .09-03 ; 0^505 ; 51 ;
                       52 ; 53 ; 5^; 55 ; 56 ; 57 ;
                       59;6l ; 63;6^;65;66 ;
                       67 ; 69 ; ex 71 ; 8l ; 82 ;
                        83 ; 8^; 86 ; 87 ; 92 ; 93 ;
                        97                           !
    k       ex 62.02
                                                     I
                                                     I     Bed linen , table linen , toilet linen  1 , 000 kg  6,000            6,360
                                                     I
        i
                                                     I
                                                     I
                                                           and kitchen linen ; curtains and other
                                                           furnishing articles :
                                                           ex B. Other than net curtains :
                                                                 - Bed linen :
                        62.02-11                                   of cotton
                                                                 - Table linen :
                                -^1,^3,^7                          - of cotton
                                                                 - Toilet linen and kitchen linen
                                -71,73                             - of cotton
 ---pagebreak---                                                                ANNEX B
                Specifications referred to in Article 1 ( 3 )
                                                                (1 )
The export certificate granted by the Brazilian authorities          for pro-
duct a covered by this Regulation shall specify or contain :
1 . the destination , and in particular the Member State to which the goods are
     destined ;
2 • the order number ;
3 » the name and address of the importer ;
k* the name and address of the exporter ;
5 » the net weight , in kilogrammes or in metric tons , and the value of the
     products covered by the certificate ;
6 . the category against which the product has been debited by the Brazilian
     authorities and the description of the product ;
7 * a certificate to the effect that the quantity in question has been debited
     against the share of the Member State to which it is being sent of the
     agreed ceiling for exports to the Community , or , where appropriate * that
     the quantity is for immediate re-export or for re-export after processing
     outside the Community ;                                               4
8 . year during which the products were exported , that is , were placed on
     board in Brazil for export « to the Community .
                                                                           i
                                                                         » !
(1 )
     Carteira de Comerico Exterior ( CACEX )