CELEX: 51989PC0156
Language: en
Date: 1989-04-19
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR PROCESSING WORK IN RESPECT OF CERTAIN TEXTILE PRODUCTS UNDER COMMUNITY OUTWARD-PROCESSING TRAFFIC

COMMISSION OF THE EUROPEAN COMMUNITIES
                                      C0MC89) 156 final
                                      Brussels, 19 April 1989
                              Proposal for a
                         COUNCIL REGULATION (EEC)
           opening and providing for the administration of a
        Community tariff quota for processing work in respect of
                certain textile products under Community
                        outward-processing traffic
                      (presented by the Commission)
 ---pagebreak---                          EXPLANATORY MEMORANDUM
   In an Arrangement (1) concluded with the Swiss Confederation on
   1st August 1969, the European Economic Community undertook to open
   an annual duty-free Conmunity tariff quota of 1 870 000 units of
   accouffit of added value for various kinds of processing work in
   respect of certain textile products under the outward-processing
   traffic arrangements between the Oommunity and Switzerland.
   Under the terms of the memorandum agreed at the time the
   Arrangement was made, this annual tariff quota is divided into
   three categories of processing, based on the quantities recorded
   under the former bilateral Agreements ( concluded with Switzerland
   by France, Germany and Italy), but taking into account the
   possibilities of extending it to Benelux countries.
   On the basis of that division the total quota amount of 1 870 000
   units of account is allocated, in accordance with certain
   amendments, as follows :
    (i) 1 520 000 units of account for processing work on woven
         fabrics falling within Chapter 50 to 57 of the Common Customs
        Tariff ;
    (ii) 123 000 units of account for twisting or throwing,
           re-tatfisting, cablin, texturizing (whether or not combined
           with other processing work) of yarn falling within Chapters
           50 to 57 of the Common Customs Tariff ;
    (iii) 227 000 units of account for processing work on articles
           falling within heading NDS 58.04, 58.05, 58.07, 58.08, 58.09
           and 60.01 of the Common Customs Tariff, subject to the
           setting up of a Community reserve of 230 000 u.a. to be
           drawn from the above quotas, i.e. 160 000 u.a., 13 000 u.a.
           and 57 000 u.a. respectively.
O.J. No L 240, 24.9.1979
 ---pagebreak---                                - 2-
2. The question whether this Arrangement should continue beyond 31
   August 1977 has been examined on several occasions, notably at the
   meeting of the EEC-Switzerland Joint Committee held on 3 November
    1976, in regard to the quota amounts which should be adopted
    thenceforth, account being taken of the fact that the transitional
   period in the Free Trade Arrangement concluded with Switzerland,
    under which textile products qualifying for Swiss origin status by
    reasons of the processing work they have undergone can enter duty
    free, expired on 1 July 1977.
   The question was reconsidered at the meeting of Joint Committee
   held on 8 May 1979 in order to examine, in the light of the
   experience gained and of the economic information available, the
   adaptation to be made to the Arrangement especially as regards the
    following points :
        reduction to be made to the total quota amount ;
        division of this amount into three categories of processing ;
        allocation of quotas among Member States.
   With regard to the three points raised, the Swiss delegation laid
   stress on the retention of the Arrangements to its memorandum in
   their present form, but agree provisionally to the abolition of
   the division of the total quota amount of 1 870 000 EUA into the
    three categories of processing initially adopted and hence to the
   aggregation of the shares allotted to certain Member States.
3. The attached proposal for a Regulation therefore serves no other
   purpose than to open, in ECU the tariff quota provided for in the
   Arrangement in question for the period 1 September 198 9 to 31
   August 19 90 and to allocate it among the Member States along the
   lines set out in the Memorandum covering the Arrangement, account
   being taken of the adaptations that have taken place meanwhile/
       the need to ensure that all Member States share in the tariff
   quota, as well as the judgement of the Court of Justice in case
   51/87.
 ---pagebreak---                                                    Proposal for a
                                       COUNCIL REGULATION (EEC)
                      opening             and providing for die administration of a Community tariff
                      Quota for processing work in respect of certain textile products under
                                          Community outward-processing traffic
THE CO»"         :;. ^F THE EUROPEAN COMMUNITIES,                Euratom) No 3308/80 of 16 December 1980 on the
                                                                 replacement of the European unit of account by the ECU
                                                                 in Community legal instruments (2) ;
Having r-».-•-•.' r fhe Treaty establishing the European
EconomV          -r^wnity, and in oarticular Article 113
thereof.                                                         Whereas provision should be made in particular to ensure
                                                                 equal and continuous access for those concerned with this
                                                                 quota and consistent application of the rate of duty, pre-
Having                    e proposa! from the Commission,        scribed for the said quota until the quota is exhausted, to
                                                                 all goods re-imported into any of the Member States and
Whereas .:• i -.ucust 1969, the Community concluded              which have received one or other of the treatments listed
an arrancrvrr nt - :ch Switzerland on processing traffic in      above ; whereas, i t is appropriate to take the
textiles : - - -« i r irder that arrangement the Community       necessary measures to ensure efficient Community
undertook          or^n, on 1 September of every year, an        achrinistration of this tariff quota white offe-
annual ;'.          .• Community tariff quota for processed
goods c" ' ~f •••0 units of account of added value,               ring the Member States the opportunity to draw
apport*or '; "': ilows:                                          from the quota volume the necessary quantities
                                                                  corresponding to actual imports;
(a) ! 6"°           r .; of account for processing work on
     woven •• r-LS falling within Chapter 50 to 57 of the
     Com nor. Caroms Tariff ;
                                                                   Whereas, since the Kingdom of Belgium, the Kingdom of
(b) 143 00'' j.~:r< ?' account for the twisting or throwing,       the Netherlands and the Grand Duchy of Luxembourg
     cabling and tcxturizing (whether or not combined              are united within and jointly represented by the Benelux
     with ^ ^ processing work) of yarns falling within             Economic Union, all transactions concerning the
     Chaptt-r. '» "- "7 of the Common Customs Tariff ;             administration of the shares allocated to that economic
                                                                   union may be carried out by any one of its members,
 (c) ??'•}•'•':• -:• -:f account for processing work on
     produL fc'hr.g within heading Nos 58.04, 58.05,
      58.07. "S.CS 58.09 and 60.01 of the Common
     Customs Tsr-ff:                                      '
 Whereas», in -Her to facilitate administration of this tariff
 quota, it w-- decided no longer to allocate a quota, provi-
 sionally, to «ach ->f the above three categories of proces-
 sing; -where i? the quota ia question should therefore be
 opened for (.;>e period 1 September 1989 to 31 August
  19Sfc accoMii «; :•-» the procedure provided for under the
 above arr^ng T.ert, as amended and in compliance with
 the provsior> of Council Regulation (EEC) No 2779/78
 of 23 N''v«;:iofr !978 on the procedure for applying the
 Euro pea" ».:'-.'* ^ account (BUA) to legal acts adopted in
 one ci'srnrw «nher* ('), and in particular Article 2 thereof,
 ind '} • p i^r.n* of of Council Regulation (EEC,
(•) OJ No L Î « \ }n. 11. 1978, p. J.                            O OJ No L 345, 20. 12. 1980. p. t.
 ---pagebreak---                 HAS ADOPTED THIS REGULATION
                                                                 Article 1
                1.     From 1 September 198 9 to 31 August 1990 the customs duties applicable to re-imports of
                the following products shall be totally suspended within the limit of the Community tariff quota
                shown herewith :
   'Serial No         CNrCode                                        Description                                        Volume of
                                                                                                                       tariff quota
09.2502                         Goods resulting from processing work as provided for in the arrangement
                                with Switzerland on processing traffic in textiles as follows:
                                (a) processing work on woven fabrics falling within Chapters 50 to 55 of CN
                                    code 5809 00 00
                                (b) twisting or throwing, cabling and texturizing (whether or not combined
                                    with other processing work) of yams falling within Chapters 50 to 55 or
                                    CN code 5605 00 00
                                (c) processing work on products falling within the following CN codes :
                   5606 00      Gimped yam, and strip and the like of code 5404 or 5405, gimped (other than
                                those of code 5605 and gimped horsehair yam) : chenille yarn (including
                                flock chenille yam) ; loop wale-yam :
                                 — Other:
                   5606 00 91    — — Gimped yam
                   560600 99           Other
                   5801         Woven pile fabrics and chenille fabrics, other than fabrics of code 5802 or
                                5806:
                   5801 10 00    — Of wool or fine animal hair
                                 — Of cotton :
                   5801 22 00    — — Cut corduroy
                   5801 23 00          Other weft pile fabrics
                   5801 24 00    — — Warp pile fabrics, épingle (uncut)
                   5801 25 00    — — Warp pile fabrics, cut
                   580126 00     — — Chenille fabrics                                                               1 870 000 ECU
                                                                                                                    of value added
                                 — Of man-made fibres :
                   5801 32 00    — — Cut corduroy
                   580.1 33 00         Other weft pile fabrics
                   5801 34 00    — — Warp pile fabrics, épingle (uncut)
                   5801 35 00    — — Warp pile fabrics, cut
                   5801 36 00          Chenille fabrics
                   580190 .      — Of other textile materials :
                   5801 90 10          Of flax
                   580190 90           Other                      ^
                   5802         Terry towelling and similar woven terry fabrics, other than narrow fabrics of
                                code 5806; tufted textile fabrics, other than products of code 5703
                   5804         Tulles and other net fabrics, not including woven, knitted or crocheted
                                fabrics ; lace in the piece, in strips or in motifs
                   5806          Narrow woven fabrics, other than goods of code 5807 ; narrow fabrics
                                consisting of warp without weft assembled by means of an adhesive (bolducs)
                   5808          Braids in the piece ; ornamental trimmings in the piece, without embroidery
                                other than knitted or crocheted ; tassels, pompoms and similar articles
                   6001         Pile fabrics, including 'long pile' fabrics and terry fabrics, knitted or crocheted
                   6002         Other knitted or crocheted fabrics                                              '
       "Y""hn the same limits» Spain and Portugal shall                 (*) 'processing work* means :
          iiToms duties calculated in accordance with the
         . . 'V rhe Act oi .Vcessic;; ant! of the Protocol».                          Tie purpose*- of paragrr.pi-i          and (c)
          • : '- re «son of ;hat accession.                                      bleaching, iycirz pr'nting. flecking, impregna-
                                                                                 ting, dressing an J other work which changes the
                                                                                 appearance or quality of the ^oods, without
              ' c^ryose-                                                         r:oweve- zlangir . th-ir nature.
 ---pagebreak---       — (-      the purposes of p*rw-j»p,h ! (I) : twisting o;
              •:-•*:: ig, cabling and texn»nzing, «.-hether or not
           - yn-v ived with reeling, dyeing or other work
          «hu r changes the atpear«noe. quality or finish of
                 .oods, without however changing their nature ;
                                                                              2.    Each Member State shall ensure that importers of the
(h, V. i- > .*.' means the difference between the value                       products concerned have free access to the quotas for such
      for customs purposes as defined in Community Regu-                      times as the balance of the tariff quota so permits.
      lations ->n this subject at the time of re-importation
      and ne value for customs purposes as it would be if                     3.    Member States shall charge re-importS of the
      th.- products were re-imported in the state in which             said   products against their drawings as and when the goods are
      t.nty were exported.                                                    entered with the customs authorities under cover of
                                                                              declarations of entry into free circulation.
 4. Re-imports of products, resulting from this proces-
 sing wc-k m?y not be charged to the tariff quota if they
 are already free of customs duties under other preferential                   4.    The extent to which the quotas have been used up shall
 tariff arrangements.                                                          be determined on the basis of the imports charged in
                                                                               accordance with paragraph 3.
                                Article 2
 The tariff quotas referred to in Article 1 shall be administered                                        Article 5
  by the Commission, which may take any appropriate
                                                                               At the request of the Commission, Member States shall
 measure with a view to ensuring the efficient administration
 thereof.                                                                      inform it of imports actually charged against the quotas.
                                Article 3
                                                                                                         Article 6
 If an importer presents in a Member State a declaration of
 entry into free circulation, including a request for preferential             The Member States and the Commission shall cooperate
 benefit for a product covered by this Regulation, and if this                 closely to ensure that this Regulation is complied with.
 declaration is accepted by the customs authorities, the
 Member State concerned shall draw, from the tariff quota,
 by means of notification to the Commission, a quantity
 corresponding to these needs.                                                                           Article 7
 The requests for drawing, with the indication of the date of                   This Regulation shall enter into force on 1 Septenfcer 1
 acceptance of the said declarations, must be communicated
 to the Commission without delay.
 The drawings are granted by the Commission on the basis of
 the date of acceptance of die declaration of entry into free
 circulation by the customs authorities of the Member State
 concerned, to the extent that the available balance so
 permits.
 If a Member State does not use the quantities drawn, it shall
 return them as soon as possible to the tariff quota.
 If the quantities requested are greater than the available
 balance of the tariff quota, allocation shall be made on a pro
 rata basis with respect to the requests. Member States shall be
 informed by the Commission in accordance with the same
 procedures.
                                Article 4
 1.      Member States shall take all appropriate measures to
 ensure that their drawings pursuant to Article 3 enable
imports ro be charged without interruption against their
accumulated shares of the Community quota.
                                                  This Regulation shall be binding in its entirety and directly applicable in all Member
                                                  States.
                                                  Done at Brussels,
                                                                                                            For the Council
                                                                                                             The President               b
 ---pagebreak--- FICHE FINANCIERE
1.      Ligne budgétaire concernée : Chap. 12 art. 120
2.      Base juridique : a r t . 113 du t r a i t é
3.       I n t i t u l é cke la masure t a r i f a i r e  : Proposition de règlerrent du
        Conseil portant ouverture                   e t mode de gestion d'un contingent
         t a r i f a i r e conmunautaire pour des traitements de certains produits
         t e x t i l e s en t r a f i c de perfectionnement p a s s i f de la Cbninunauté
4.      Objectif : Respecter l e s engagements de la Communauté
5.      Mode de calcul :
         - No du T.D.C. :              divers
         - Volume du contingent : 1 870 000 écus
         - Droit à appliquer : 0 %
         - Droit du T.D.C. :               divers (droit moyen 10 %)
6.       Perte de recettes :
         - si utilisation totale du contingent :
             1 870 000 écus x 10 % = 187 000 écus
         - sur base utilisation prévisible :
             300 000 écus à 10 % = 30 000 écus
          (pas d'augmentation des pertes de recettes par rapport à la période
         précédente ).
 ---pagebreak--- Commission of the European Communities
C0M(89) 156 final
Proposal for a
COUNCIL REGULATION (EEC)
opening and providing for the administration of a Community tariff quota
for processing work in respect of certain textile products under Com-
munity outward-processing traffic
(submitted to the Council by the Commission)
19.4.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
1989 - 7 pp. - Format: 21.0 * 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-48362-8
Catalogue number: CB-C0-89-145-EN-C
 ---pagebreak---                                                  ISSN 0254-1475
COM(89) 156 final
DOCUMENTS
Proposal for a
COUNCIL REGULATION (EEC)
opening and providing for the administration of a
Community tariff quota for processing w o r k in
respect of certain textile products under Community
outward-processing traffic
(submitted to the Council by the Commission)
 11     02                                      19.4.1989
Catalogue number: CB-CO-89-145-EN-C
ISBN 92-77-48362-8
€
COMMISSION OF THE EUROPEAN COMMUNITIES