CELEX: 51977PC0472
Language: en
Date: 1977-10-03
Title: Proposal for a COUNCIL REGULATION concerning the arrangements for importation into the Benelux countries of jute yarn originating in the Kingdom of Thailand, and repealing Regulation (EEC) No 1278/77 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
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DOCUMENTS "COM"
COM (77) 472
Vol. 1977/0149
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(77)472 final.
                                                 Brussels . 3 October 1977
                             Proposal for a
                           COUNCIL REGULATION
 concerning the arrangements for importation into the Benelux countries
   of jute yarn originating in the Kingdom of Thailand , and repealing
                      Regulation (EEC ) Bo 1278/77
             (submitted to the Council "by the Commission)
 COM(77 ) 472 final .
 ---pagebreak---                               EXPLANATORY MEtf ORANDU7!
1.       Pursuant to Artide 12 of ReguLation ( EEC ) No . 1439 / 74 , Commission
                                                  ( 1 )
Regulation ( EEC ) No . 969/ 77 of 4 May 1977            instituted an authorization
procedure for the importation into the Benelux countries of jute yarn
from the Kingdom of Thailand , and limited the authorizations to be
granted for 1977 to a total volume of 4 030 tonnes .              The Council ,
                                       ( 2)
by Regulation ( EEC ) No . 1278/ 77         maintained these arrangements in force
until 31 December 1977 .       Thi s q uantitati ve limit was set in response
to the recent increase in imports into the Benelux countries of jute
 yarn from Thailand , without prejudice to the continuation of the consultations
 already under way , which at that time had not produced any mutually
 acceptable solution .
 2.      Following fresh talks between the Community and Thailand on 28
 and ^9 July , the Thai Government has agreed to exercise voluntary restraint
on exports of jute yarn to the Benelux countries for a three-year period
  (1 January 1977 - 31 December 1979 ), with fixed annual ceilings of
4 430 tonnes in 1977 , 4 762 tonnes in 1978 and 5 119 tonnes in 1979 ..
         These quantitative restrictions do not cover temporary imports , and
 will be subject to bilateral surveillance .            Thailand introduced export
 controls on 1 September 1977 .
         Since the Community has already taken unilateral action ( an import
 quota of 4 030 tonnes in respect of which licences have already been
granted and are at present being taken up ), the Thai export controls ,
  which came into force on 1 September , will cover an initial quantity of
  3 162 tonnes relating to a sixteen-month period (1 September 1977 - 31
  December 1978 ) C3 ) .
  (1)    0J No L 115 , 6.5.1977 , p. 12
  ( 2)   0J No L 148 , 16.6.1977 , p. 1
  (3)    This quantity is broken down as follows :
          4 762 tonnes ( 1978 quota )
       +    400 tonnes ( the balance due for 1977 , representing the difference between
'                        the 1977 quota and the earlier unilateral import quota of
                         4 030 tonnes ).
          5 162 tonnes
 ---pagebreak---                               -   2   -
     Any quantities not taken up under the import Licences issued by
Benelux in respect of the unilateral quota of 4 030 tonnes will be
carried over to 1978 ;   in addition , in order to avoid any concentration
of exports during the remainder of 1977, an upper limit of 4/ 16 of tjie
total quantity mentioned above, i.e. 1 290 tonnes has been set for exports
up to 31 December 1977 .
     The arrangements offer some scope for " flexibility" in that they allow a >
10% carryover or carry-forward either way ;    however , the quantity involved
may not exceed 10% in aggregate .
3.   A proposal for a regulation enabling the Community to implement
these measures has been drawn up .    The proposal , which is attached , is
hereby submitted to the Council for adoption .
 ---pagebreak---                          PROPOSAL FOR A COUNCIL REGULATION
    concerning the arrangements for importation into the Benelux countries
    of jute yarn originating in the Kingdom of Thailand, and repealing
                           Regulation ( EEC ) No . 1278/ 77
   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
   Having regard to the Treaty establishing the European Economic Community,
   and in particular Article 113 thereof ,
   Having regard to Council Regulation ( EEC ) No. 1439/ 74 of 4 June 1974
   on common rules for imports' 1 ' , and in particular Article 15 thereof, *
   Consultations having taken place within the Advisory Committee set up
   under Article 5 thereof ,
  Having regard to the proposal from the Commission,
  Whereas by Regulation ( EEC ) No. 1278/ 77C2) the Council maintained in
  force until 31 December 1977 the arrangements for importation into
  the Benelux countries of jute yarn originating in the Kingdom of
 Thailand, adopted by Commission Regulation ( EEC ) No. 969/ 77< 3 ) ;
 Whereas these measures were adopted without prejudice to the continuation
 or outcome of the consultations taking place on this subject between
 the Community and Thailand ;
 Whereas following fresh consultations between the Community and Thailand
 the Government of Thailand has undertaken to restrain voluntarily its
 exports of "yarn of jute or of other texile baste fibres of heading
No. 57.03" ( Common Customs Tariff heading No. 57.06) to the Benelux
 countries for the period from 1 January to 31 December 1979-
(1)    0J No L 159 , 15.6.1974, p . 1 .
< 2 ) 0J No L 148, 16.6.1977, p . 1 .
< 3 ) 0J No L 115 , 6.5.1977, p . 12.
 ---pagebreak---                                 - 2  -
Whereas the effectiveness of the voluntary restraint measures introduced
by the Thai authorities is dependant on the establishment of a system
of Community surveillance ; whereas the implementation of such surveillance
requires that importation of the products in question into the Benelux
countries remain subject to authorization ;
                                                                            s,
Whereas the voluntary restraint measures set quantitative limits for
exports for the years 1977 , 1978 and 1979, and it is accordingly necessary
to fix quantitative limits for imports into the Benelux countries of the
products in question ,    whereas the limits specified apply to exports
from Thailand , and it is therefore necessary to count the products imported
against the quantitative limit fixed for the year of their export from
Thailand ;
Whereas provision was made during the consultations for unused portions of a '
quantitative limit to be carried over from one year to the next and for
portions to be carried forward from the following year , within specified
limits ;
Whereas products entering the Benelux countries under the inward processing
arrangements or under another temporary importation procedure which are
re-exported from the customs territory of the Community , whether or not
after further processing , will not be counted against the quantitative limits
fixed ;
Whereas this Regulation replaces the measures laid down by Council
Regulation ( EEC ) No . 1278/ 77,
HAS ADOPTED THIS REGULATION S
 ---pagebreak--- 1.     The importation into the Benelux countries of the products indicated
below , originating in the Kingdom of Thailand and imported during the
period from 1 January 1977 to 31 December 1979, is hereby made subject
to the production of an import authorization granted by the competent
authorities of the Member State concerned for the quantities specified
below :
    CCT          Description of goods                      Unit     Quantitative limits
heading
                                                                    1977    1978    1979
    No .
57.06         Yarn of jute or of other textile
              baste fibres of heading No 57.03            tonnes   4 430   4 762   5 119
 2.   Import authorizations shall be granted automatically and without delay
within the limits indicated in paragraph 1 upon production by the importer
of the export licence issued by the competent authorities in Thailand
 and containing the particulars listed in the Annex .
       Imports thus authorized shall be counted against the quantitative
 limit fixed for the period during which the goods were shipped in Thailand
 for export to the Benelux countries .
 3.    Having regard to the import authorizations already granted by the
 competent authorities of the Benelux countries in 1977 within the quantitative limit
 fixed for that year by Commission Regulation ( EEC ) No . 969/ 77 of 4 May 1977,
 maintained in force by Council Regulation ( EEC ) No. 1278/ 77 of 14 June 1977,
 the said authorities shall grant import authorizations in accordance with
 the procedure laid down in paragraph 2 and in relation to the exports
 authorized by the Thai authorities under the same procedure up to a
 limit of 5 162 tonnes valid for the period from 1 September 1977 to
 31 December 1978 . The quantity covered by the said authorizations shall
 not , however , exceed 1 290 tonnes for the first four months of this period
 (1 September - 31 December 1977).
 ---pagebreak---                                  Article 2
     Portions of the quantitative limit for a given year not taken up during
that year may be carried over and added to the quantitative limit fixed for
the following year , within a limit of 10% of the latter .
     Within a limit of 10% of the quantitative limit for a given year ,
advance deliveries shall be authorized from the quantitative limit fixed
for the following year .   Amounts delivered in advance shall be deducted
from the quantitative limit fixed for the latter year .
     The application of the above provisions shall not , in any given year ,
result in the quantitative limit for that year being exceeded by more
than 10% .
                                 Article 3
     Products entering the Benelux countries under the inward processing
arrangements or under another temporary importation procedure which are
re-exported from the customs territory of the Community , whether or not
after further processing , shall not be counted against the quantitative
limits fixed in Article 1 .
                               Arti cle 4
     Regulation ( EEC ) No 1278/ 77 is hereby repealed .
                               Article 5
     This Regulation shall enter into force on the third day following its
publication on the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,                                           For the Council
                                                              The President
 ---pagebreak---                                                                    ANNEX
                      Particulars referred to in Article 1 ( 2 )
                                                                              (1)
The export licences to be issued by the competent authorities in Thailand
in respect of the products referred to in this Regulation shall specify
or include :
1.   The destination , and in particular the town and the Member State of
     destination .
2.   The sériai number .
3.   The name and address of the importer .
4.   The name and address of the exporter .
5.   A description of the goods .
6.   The quantity ( in tonnes ).
7.   An attestation to the effect that the quantity in question
     (i)     has been counted against the quantitative limit fixed for the Benelux
             countries or , where appropriate , that the said quantity is intended
             for re-export , whether or not after further processing , from the
             Community ;
      ( ii ) has been authorized for export in connection with an existing
             authorization granted by the Benelux authorities after 1 January 1977^^
(1)   Department of Foreign Trade , Ministry of Commerce
( 2)  In this case the quantity in question shall not be counted against
     the quantitative limit provided for in Article 1(3 ).