CELEX: 51981PC0585
Language: en
Date: 1981-10-20
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for certain textile products falling within heading Nos 55.05 and 55.09 and subheading ex 58.01 A of the Common Customs Tariff, coming from Turkey (1982) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 585
Vol. 1981/0178
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(81)585 final
                                                 Brussels , 20 October 1981
                                Proposal for a
                           COUNCIL REGULATION_ ( EEC )
        opening , allocating and providing for the administration
         of Community tariff quotas' for certain textile products
       falling within heading Nos 55.05 and 55.09 and subheading
           ex 58.01 A of the Common Customs Tariff , coming from
                                 Turkey ( 1982 )
                ( submitted to the Council by the Commission )     \
                                                            . V
                                                           '\x '
  C0M(81 )  585 final
 ---pagebreak---                                    EXPLANATORY MEMORANDUM
1 . As a result of negotiations with Turkey on the adjustments to be made '
        to the Association Agreement between that country and the Community and
 .      the Additional Protocol / to take account of new Member States , the
        Community signed in Ankara on 30 June 1973 a Supplementary Protocol which
        enter into force once it has been ratified .         ,                      yj'
        In the meantime , the Community has concluded an Interim Agreement which
      , in theory runs only for the period' prior to the entry in force of this
   . Supplementary Protocol in order to implement , from 1 January 1974, cer­
        tain provisions of that Protocol relating to trade in goods .
     - At the moment it . is not possible to know "if the tariff measures laid
        down by these Agreements in Turkey 's favour , should be given for 1982
        on the basis of the Supplementary Protocol or the Interim Agreement .                ■
        The provisions of the annexed Regulations 'are based on the^ Interim .
    '-Agreement and should thus be 'modified if the Supplementary Protocol
        enters into force on 1 ., January 19821        ■ >-             .
2 . In the abovemeritioned Supplementary Protocol and Interim Agreement ,                  '
        provision is made in particular in respect of texti le products for
        the opening of the following annual Community tari'ff quotas , subject •
        to the conditions laid down for each product :             .      '     . '
        CCT heading                                    Annual tariff                Quota
                                . Description
            No ' J                                        * quota                   duty
                       '      s     ί
        55.05            Cotton yarn , not put up for    390 tonnes               75 % re-
                                                                 -1 - :     '
                         retai I sale ..      / .                             .· duction
        55.09 "          Other woven fabrics of cot-     1 ,390 tonnes           -75 % re-
                         ton                  .                                   duction
 ---pagebreak---                                          - 2 -
  They also determine for these products the allocation among the Member
  States of the annual tariff quotas for text* le products . Thi s allocation
  is as follows :                                                                              '
  Cotton yarn ( heading No 55.05 )                                • •
  Community-as original ly constituted                                     '300 tonnes
  Denmark         *                                                             40 tonnes
  Ireland           . .                                                         10 tonnes
  United Kingdom.                                                               40 tonnes
               >!                                                                    '
            - V*                                      _                                      *
                                                           ,    *          •  ■
  Other woven fabrics of cotton ( heading No 55.09 ) •
  Community as originally constituted                                 ' 1 000 tonnes
  Denmark                                                                       20 tonnes
  Ireland               .                 •.                 ■;     _    .      10 tonnes
  United Kingdom ■'                    .                                     360 tonnes
  While article 14 of the Supplementary Protocol fixes such an allocation
  for a period ending at 1 July 1977 , the Interim Agreement fixes no
  limit to this special' allocation , While could be due to the initially
  limited period of validity- of the Interim Agreement applying in
                                    ' • . .. ./         i'
  anticipated application some of the provisions of the Supplementary
  Protocol .               -
  The end of the transitional period fixed by the Act of Adhesion on
  1 July 1977 has led the Commission- to . reflect' 'on . the question of
  this allocation ^ which has resulted in the^&roposal' to have a common- ;
  system of admini strat ion of the above . tariff^/ijuota.s involving , in each
. case , the opening" of . a single ; quota? 'quantity'ii,i~vided' bet.ween the' Member
  States according to the usu&lV criteirva la'n^t^^creation .'of 'a single                             •
  Community reserve open to al^^ernber,iiStatesv;:3^- /•'                                  ■   '' /•
  Another^ problem arises in connection with the size of . the quotas to
  opened for 1982 , in view of the decision taken . by the Association                               .
 .Council during June 1973 to grant Turkey - treatment- as favourable as
  that granted to countries benefiting "from, generalized tariff prefe­
  rences .-    ■■            ;               ^  • ''L ".,                                :         •
 ---pagebreak--- As the decisions on toe system to be applied to the developing countries
will not "be taken uptil very late th.is yesr , "the present Commission pro­
posal . for 1982 tafces- account     for the calculation of quota amounts , of
the generalized system of preference schema ( texti le sector ) as proposed
by the Commission .                '                                     ■ ' ' •- :
On this basis , the volume' of- the Community tariff quotas to be opened
for 1982 for, Turk.ey should correspond to those for 1981 , that is
       - for cotton yarn                                1 . 099 tonnes           '
       - for oiher cotton cloth      '                  2 587 tonnes                  " .
   ... - for carpets       • ^   '                          198 tonnes
It goes without saying that these volumes 'should be adjusted if the
final decision taken'in the generalized system of . preferences does
not correspond , to the system proposed . '      -   ..                   : - v.      v /•
In addition ,, the Commission is aware that this concession could be
modified in the context of registrations to be undertaken " with Turkey .
While awaiting a - final decision this . proposal constitutes an instrument
to respect the Communities 'contractua I engagements .                 v
Thus , the .Commission reserves the right to modify this "proposal during
the procedure to adapt it if necessary , to the result of the negocia?
tions . -       .J ■; v                'v     v.-'''                1'                 \
As regard the . economi c information to be used in determining the basis ,
for the proposed allocation of the tariff, quotas concerned , it should
be remarked that, they should be based principally on Member States'
imports > actual and estimated , specif i cal ly originating in or coming
from Turkey for the categories of products considered .
Thus , although'it has been possible , to draw up the appropriate informa­
tion for the years 1978 to 1980 , nevertheless because of the - irregularity
noted in imports duri.ig those reference years , it has not necessarily
been possible to deduce any firm basis of assessment . For this reason ,
as it is customary , the * quota volumes attributed to the original
Community have been ^ divided into two tranches , the first-tranche being
allocated among the Member States , and'the second held as a reserve to
cover any additional rcq"ir,6mei ;-!; s - which might come .to light in those
Member States .    I                                         .. ' ■  ' -          . A
 ---pagebreak--- fc?>- the scj.ne reasons he initial volumes allocated to the Member States
usee in the proposals are the same as in,198l .                 .  _
The Proposal for a Regulation on textile products provides for. a single
method of counting imports against quota shares in the Member States
concerned / namely as and when they are entered for home use .
 ---pagebreak---                                               PROPOSAL FOR A
                                        COUNCIL REGULATION (EEC)
                opening, allocating and providing for the administration of Community tariff quotas for
                certain textile products falling within heading Nos 55.05 and 55.09 'and subheading ex
                          58.01 A of the Common Customs Tariff and originating in Turkey (1982 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        tuted and the three new Member States until 1 July
                                                                1977 ; whereas, moreover, following the end of the
Having regard to the Treaty establishing the Euro­              transitional period laid down in Article 39 of the Act
pean Economic Community, and in partipular Arti­                of Accession, it is necessary to create a common sys­
cle 113 thereof, ,                                              tem of administration of the tariff quotas concerned,
         I
                                                                consisting in each case of the opening of a single
Having regard to the proposal from the Commis­                  iquota divided between all the Member States
sion,                                                           according to the usual criteria and the creation
                                                                of a single Community reserve, open to all
                                                                Member States ;
Whereas, pending the entry into force of the Supple­
mentary Protocol signed in Ankara on 30 June 1973
containing the adjustments to be made to the Agree­             Whereas it is desirable to provide for a provisional
ment establishing an Association between the Euro­              adjustment of the tariff advantages for these goods
pean Economic Community and Turkey and to the                   consisting of a total suspension of the customs
                                                                duties of the Common Customs Tariff and an in­
Additional Protocol (' ) consequent on the accession
of new Member States, the Community has under­                  crease in the quotas ; whereas the volumes of the
taken , in an Interim Agreement (2) which runs only             quotas to be opened for 1982 are therefore 1 099
for the period prior to the entry into force of this            tonnes for cotton yarn and 2 587 tonnes for other
                                                                woven fabrics of cotton ; ,
Supplementary Protocol which is applicable until 3 1
December 1974 but which has been extended for ,
 1982 accordance witlf the terms laid down in Arti­
cle 13 thereof, to implement certain provisions of              Whereas pursuant to Article 1 of Annex 2 to the
the Supplementary Protocol relating to trade in                 Additional Protocol together with Article 2 of the
goods ; whereas, under Article 6 of this Interim                Interim Agreement, for the duration of 1982 in parti­
Agreement amending Article 1 of Annex 2 to the                  cular, the Community must partially reduce the
Additional Protocol, the Community must reduce                  duties applicable in respect of third countries to car­
 by 75 % the customs duties on imports from Turkey              pets, carpeting and rugs, knotted (made up or not)
 of certain textile products falling within heading             of wool or of fine animal hair (excluding handmade
 Nos 55.05 and 55.09 of the Common Customs                      carpets, carpeting and rugs) imported from Turkey ;
Tariff, within the limit of annual Community tariff             whereas it also appears advisable to improve this ,
quotas of 390 tonnes for cotton yarn and 1 390                  tariff advantage provisionally by means of a total
tonnes for woven fabricsof cotton ; whereas the above-          suspension of the duties applicable to the products
mentioned Article 6 allocates - these Community                 in question within a Community tariff quota fixed
tariff quotas as follows : 1                                    at a provisional level of 198 tonnes for 1982 ;
– for cotton yarn : ,                                           Whereas, it is necessary to guarantee to all Commu­
– 300 tonnes to the Community as originally con­                nity importers equal and uninterrupted access to the
      stituted, 40 tonnes to Denmark, 10 tonnes to Ire­         abovementioned quotas and uninterrupted applica­
       land and 40 tonnes to the United Kingdom ; .             tion of the rate laid down for those quotas to all im­
                                                                ports of the product concerned into all Member
– for woven fabrics of cotton :           !;                    States until the quota has been used up ; whereas in
                                                                the light of the principles mentioned above, the
       1 000 tonnes to the Community as originally con­         Community nature of the quotas can best be re­
      stituted, 20 tonnes to Denmark, 10 tonnes to Ire­          spected by allocating the Community tariff quotas
      land and 360 tonnes to the United Kingdom ;               among the Member States ; whereas, in order to re­
                                                                flect most accurately the actual development of the
Whereas Article 14 of the said Supplementary Proto­             market for the products concerned, such allocation
col only provides for such an allocation of tariff              shall be in proportion to the needs of the Member
quotas between the Community as originally consti-              States, assessed by reference both to the statistics of
                                                                each State's imports from Turkey over a representa­
                                                                tive period and to the economic outlook for the
( ' ) OJ No L 293 , 29. 12. 1972, p. 4.                         quota period concerned ; whereas, in spite of the
(2) OJ No L 277, 3 . 10. 1973 , p. 2.                           limited need for imports from Turkey of the
 ---pagebreak--- products concerns      a > shown by t r.e statistics for         Whereas imports into the various Member States
the- majority of the Member States uie Community                 from Tu key were as follows during the past three
charaetef cf the iariff quotas eefifep.ned glwuid be             years for whieh complete staticties are available :
safeguarded by making provisions to cover needs
which might arise ir these Member States ;
                                                   1972                   1979
                                                                                                       19S0
                                          Tonnes           %        Tonnes        %
                                                                                            Tonnes                %
              Cotton yam
             Benelux                -                               15 774                 ¿ 520                5.09
                                           12 565        17-50                  19-Ç2
             Denmark                              1 -2    0-01          24-4     0-03          14               0.03
             Germany                       27 951        38-94      29 172 ·    36-29    21 973                44.37
             France                         2 797         3-90       2 357       2-93      ¿ 650 í,. ■       ■ 5.35
             Ireland            -             246-5       0-34         557       0-72          87 > ·:ν / f.    0.18
             Italy                         22 288-7      31-04      26 909      33-47    20 136 : :            44 . 66
             United Kingdom                 5 939         8-27       5 577       6-94      2 140 .        i,    4.32
                                           70 788-4     100         80 390-4   100       49 520               100
              Other woven fabrics .   :·        v '
              ofcotton
              Benelux                         537        33-08         165      12-55        290                0.66
             Denmark                             0-4      0-02           0-6     0-04            1              0.01
             Germany                          437        26-92         298      22-67    42 351                96.13
              France                           161        9-92         270      20-54        270                0.61
              Ireland                             1       0-06          36-5     2-78            0              0
              Italy                           295        18-17         249-6    18-98      1 028                2.33
              United Kingdom                   192       11-83         295 .    22-44         115               0.26
                                            1 623-4     100          1314-7    100   .   44 055               100 ·
Whereas according to the information supplied by                 porters, the first instalment should be determined at
Greece its imports of these textile products from              . a relatively high level, which, under present circum­
Turkey have been nil during the past three years.                stances, may be about 80 % of each quota volume ;
                                                                  \
Whereas in view of these figures and foreseeable                 Whereas the initial quota shares of the Member
market trends for the products concerned during                  States may be used up at different times ; whereas,
1982 the initial shares may be fixed approximately               in order to take this fact into account and avoid any
at the following percentages :                                   break in continuity, it is important that any Member
                                                                 State having used up almost the whole of one of its
                                             Other woven         initial quota shares should draw an additional quo­
                              Cotton
                                               fabrics of        ta share from the corresponding reserve ; whereas,
                               yarn              cotton
                                                                 this must be done by each Member State as and
Benelux                       15-69              19-57
                                              '    1-77
                                                                 when each of its additional quota shares is almost
Denmark                        8-43
                       "·    34-89              14-70
                                                                 entirely used up, and repeated as many times as
Germany                                                          each of the reserves allows ; whereas each of the ini­
Greece                         2-58               2-43
                                                                 tial and additional quota shares must be available
France                      . 4-22              22-00
                                                                 for use untij the end of the quota period ; whereas
Ireland                  \ ■ 2-22                 0-91
                                                                 this method of administration calls for close cooper­
Italy -                      23-42                7-30
                                                                 ation between Member States and the Commission,
United Kingdom                 8-55             31-32
                                                                 which must, in particular, be able to observe the ex­
                                                                 tent to which the quota amount is us. :u and inform
Whereas in order to take into account the uncer­                  Member States thereof;
tainty of the import trends for the products con­
cerned in the Member States, the quota volumes                   Whereas, at a specified date in the quota' period, a
should be divided into two instalments, the first in­            considerable balance remains in one or other Mem­
stalment being allocated to the Member States, and               ber State it is essential that that Member State pays
the second held as a reserve intended ultimately to              a percentage of it back into the corresponding re­
cover the requirements of those Member States                    serve, in order to prevent a part of one or other of
which have used up their initial shares ; whereas, in            the Community quotas from remaining unused in
order to ensure a certain degree of security to im­              one Member State when it could be used in others ;
 ---pagebreak---                                                                     -3-
  Whereas the Kingdom of Belgium, the Kingdom of                           2. The second instalment of each quota, amount­
  the Netherlands and the Grand Duchy of Luxem­                            ing to 245, 492 and 35 tonnes respectively, shall
  bourg are united in and represented by the Benelux                       make up the corresponding reserve.
  Economic Union, all transactions concerning the
  administration of shares granted to the abovemen-
  tioned economic union may be carried out by any
  one of its members.                                                                               Article 3
  HAS ADOPTED THIS REGULATION :
                                                                           1 . If 90% or more of one of any Member State's
                              Article 1                                    initial shares, as laid down in Article 2 ( 1 ) or 90 % of
                                                                           that share less the amount returned into the corres­
  1.    From 1 January to 31 December 19S2 , Commu­                        ponding reserve, where Article 5 has been applied,
  nity tariff quotas shall be opened for the following                   , has been used up, that Member State shall without
  products coming from Turkey, as shown below :                            delay, by notifying the Commission, draw a second
                                                                           share in the quota equal to 15 % of its initial share,
        CCT                                                                rounded up to the next unit where appropriate, to
       heading                Description              Quota (tonnes)
                                                                           the extent that the amount in the reserve allows.
           No
  55.05            Cotton yarn, not put up                                 2. If, after one or other of its initial shares has
                   for retail sale  ■                       1099           been used up, 90% or more of the second share
  55.09            Other woven fabrics of ·                                drawn by one of the Member States has been used
                   cotton                                   2 587          up, that Member State shall, in the manner provided
  58.01             Carpets, carpeting and                                 for in paragraph 1 , draw a third share equal to 7-5 %
                   rugs (made up or not)                                   of its initial share.          '
                    ex A. Of wool or of fine
                          animal hair exclud-
                                                                           3 . If, after one or other of its second shares has
                          ing handmade car-
                          pets, carpeting and                              been used up, 90 % or more of the third share drawn
                          rugs                                 198         by a Member State has been used up, the latter
                                                                           shall, in the same manner, draw a fourth share equal
                                                                           to the third.
  2.    The duties of the Common Customs Tariff are
  totally suspended for these tariff quotas. ,
                                                                           This procedure shall be followed until the reserve
  Within the context of these tariff quotas, Greece                        has been exhausted .        ,
  shall apply customs duties calculated in accordance
  with the provisions of Article 117 of the 1979 Act of                    4. Notwithstanding paragraphs 1 , 2, and 3, Mem­
  Accession                                                                ber States may draw smajler shares than thbse fixed
                              Artide 2                                     in those paragraphs if there is reason to believe that
                                                                           those shares might not be used up. They shall in­
   1 . A first instalment of each of the quotas referred                   form the Commission of their reasons for applying
  to in Article 1 ( 1 ), which shall be 854 tonnes for cot­                this paragraph.
  ton yarn not put up for retail sale, 2 095 tonnes for
  other woven fabrics of cotton and 163 tonnes for
■ carpets, carpeting and rugs of wool or of fine animal                                             Article 4
  hair, shall be shared among the Member States ; the
  shares which, subject to Article 5 shall be valid until                  Each of the additional shares drawn pursuant to
  31 December 19&>, shall be as follows :                              _   Article 3 shall be valid until 31 December 1982 .
                                                              (tonnes)
                                          CCT heading No
            Member States
                                                                                                    Article 5
         '                          55.05       55.09     ex 58.01 A
                                                                           The Member States shall return to the reserve, not
  Benelux                             134     .. 410        .   15         later than 1 October J 982 , the unused portion of
  Denmark                              72          37           15         their initial share which, on 15 September 1982 , is in
  Germany                             298        308            38         excess of 20 % of the initial amount. They may re­
  Greece                               22          51'           4         turn a greater portion if there are grounds for believ­
  France                               36        461            27         ing that such portion may not be used in full.
  Ireland                              19          19            2
  Italy                               200 -      153            19         Member States shall, not later than 1 October 1982,
  United Kingdom                       73        656            43         notify the Commission of the total imports of the
                                      854    2 095             163   .     products concerned effected under the Community
                                                                           quotas up to and including 15 September 1982, and,
 ---pagebreak---  where appropriate the proportion of each of their             2. : Member States shall ensure for importers of the
initial shares that they are returi . : ng to each of the       products concerned, established in their territory,
reserves !                      .                               free access to the share* allocated to them.
                                                               3 . Member States shall charge imports of the said
                                                               goods against their shares as and when the goods
                         Article 6                             are entered with customs authorities for free circula­
                                                               tion .               . '                    '
The Commission shall keep account of the shares
opened by Member States in accordance with Arti­               4. - The extent to which the Member States' shares
cles 2 and 3 , and shall inform each of them of the            have been used up shall be established on the basis
extent to which the reserves have been used as soon            of imports counted in accordance with paragraph
as it receives the notifications.
It shall, not later than 5 October 1982 , notify the                                     Article 8
Member States of the state of each of the reserves
after the return of shares pursuant to Article 5.               On receipt-of a request from the Commission, Mem­
                                                               ber States shall inform it of imports of the products
It shall ensure that any drawing which uses up a re­            concerned actually charged against their shares.
serve is limited to the balance available and, for this
purpose, shall specify the amount thereof to the
Member State which makes the final drawing;                                              Article 9
                                                               The Member States and the Commission shall coop­
                                                            , erate closely in order to ensure that this Regulation
                         Article 7                             is respected.                       •
1 . Member States shall take all measures necessary
to ensure that, when additional shares are drawn                        •               Article 20
pursuant to Article 3, it is possible for imports to be
counted without interruption against their accumu­              This Regulation shall enter into force on 1 January
lated shares of the Community tariff quotas.                    198 ? .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.                                         *
              Done at Brussels,              1981 .
                                                                                      For the Council
                                                                                        The President