CELEX: 31972R2291
Language: en
Date: 1972-10-31 00:00:00
Title: Regulation (EEC) No 2291/72 of the Council of 31 October 1972 opening, allocating and providing for the administration of a Community tariff quota for the treatment of certain textile products in Community outward processing traffic

Official Journal of the European Communities                               3
1.11.72                       Official Journal of the European Communities                      No L 248/1
                       REGULATION (EEC) No 2291/72 OF THE COUNCIL
                                            of 31 October 1972
            opening, allocating and providing for the administration of a Community
            tariff quota for the treatment of certain textile products in Community outward
                                             processing traffic
THE COUNCIL OF THE EUROPEAN COMMUNI­                     reserved for the processing of articles falling
TIES,                                                    within certain Common Customs Tariff headings
                                                         between 58.04 and 60.01 ;
Having regard to the Treaty establishing the
European Economic Community and in parti­                Whereas for the period 1 September 1972 to
cular Article 113 thereof;                               31 August 1973 the Community customs quota
                                                         in question should be opened, in accordance
Having regard to the proposal from the                   with the procedures laid down in the above­
Commission;                                              mentioned arrangement, as amended; .
Whereas the Community concluded an arrange­              Whereas, it is in particular necessary to ensure
ment with Switzerland on 1 August 1969 on                equal and uninterrupted access to all those
processing traffic in textiles; whereas pursuant         concerned in such Community traffic to
to this arrangement, the Community declared              the abovementioned quota and uninterrupted
itself ready to proceed to the opening of an             application of the rate laid down for that
annual duty-free .Community tariff quota on              quota to all re-imports into all Member States
1 September of every year, to a total of                 until the quota of products which have under­
1 870 000 value-added units of account, in               gone one or other of the above processes have
respect of goods arising from processing, to be          been used up; whereas having regard to the
apportioned as follows:                                  principles mentioned above, the Community
(a) 1 650 000 units of account for the processing        nature of the quota can be respected by allo­
      of fabrics falling under Chapters 50 to 57 of      cating the Community tariff quota among the
      the Common Customs Tariff;                         Member States; whereas it is therefore sufficient
                                                         to allocate this quota on the basis of traffic
(b) 143 000 units of account for twisting,               developed under former bilateral agreements
      throwing, multiplying, cabling and texturis­       without prejudicing the opportunities to be
      ation (even combined with other processes)         offered to Member States who did not pre­
      of yarns falling under Chapters 50 to 57 of        viously have recourse to this kind of traffic;
      the Common Customs Tariff;                         whereas, in order to safeguard the Community
(c) 77 000 units of account for the processing           character of the quota in question, provisions
      of articles falling under headings 58.04,          should be made to cover possible needs which
      58.05, 58.07, 58.08, 58.09 and 60.01 of the        might arise in the Member States; whereas the
      Common Customs Tariff;                             method described in Article 3 of this Regulation
                                                         makes it possible as an exception to take this
Whereas, however, in order to make the                   element into account where initial shares have
allocation of the total amount of the quota              not been granted;
between the three categories of processing
mentioned above correspond better with the               Whereas, in order to take into account the
pattern of trade which actually developed                possible trend of traffic in the different Member
during the year under review, it was decided by          States, the quota amount of 1 870 000 units of
common agreement to transfer 150 000 units of            account should be divided into two instalments,
account from the 1 650 000 units of account              the first instalment being allocated among
allocated to the processing of fabrics falling           the Member States, and the second forming a
under Chapters 50 to 57 of the Common                    reserve intended ultimately to cover require­
Customs Tariff to the 77 000 units of account            ments of Member States when their initial
 ---pagebreak---   4                            Official Journal of the European Communities
   quota shares are used up and requirements             approved processing traffic, Common Customs
  which may arise in certain Member States as            Tariff duties shall be totally suspended for an
  regards processing for which an initial quota          annual Community tariff quota of 1 870 000
  share has not been granted; whereas, in order to       value-added units of account, in respect of
  ensure a certain degree of security to those           goods resulting from the processing operations
  concerned in each Member State the first               provided for in the arrangement with Switzer­
  instalment of the Community tariff quota               land on processing traffic in textiles, and shall
  should be determined at a relatively high level,       be allocated as follows:
  which, under present circumstances, may be
  90 % of the quota amount; whereas the reserve          (a) 1 500 000 units of account for the processing
  percentage (approximately 10 % ) must be                     of fabrics falling under Chapters 50 to 57 of
                                                               the Common Customs Tariff;
  applied , to each category of processing in
  pursuance of the arrangement in question;              (b) 143 000 units of account for twisting or
  Whereas the initial quota shares of those                    throwing, multiplying, cabling, texturisa­
  Member States may be used up at different                  ^ tion (even combined with other processes)
  times; whereas, in order to take this fact into              of the yarns falling under Chapters 50 to 57
  account and avoid any break in continuity, it                of the Common Customs Tariff;
  is important that any Member State having              (c) 227 000 units of account for processing of
  used up almost the whole of its initial quota                articles falling under the following tariff
  share should draw an additional quota share                  headings in the- Common Customs Tariff:
  from the reserve; whereas this must be done
  by each Member State as and when each of its                 58.04 Woven pile fabrics and chenille
  additional quota shares is almost entirely used                      fabrics (other than terry-towelling
  up, and repeated as many times as the reserve                        or similar terry fabrics of cotton
  allows; whereas the initial and additional quota                     falling within heading No 58.05)
  shares must be available for use until the end of            58.05 Narrow woven fabrics, and narrow
  the quota period; whereas such method of                             fabrics (bolduc) consisting of warp
  administration calls for close cooperation be­                       without weft assembled by . means
  tween Member States and the Commission,                              of an adhesive, other than goods
  which must, in particular, be able to observe                        falling within heading No 58.06
  the extent to which the quota amounts are
  used and inform Member States thereof;                       58.07   Chenille yarn (including flock
                                                                       chenille yarn), gimped yarn (other
  Whereas if, at a specified date in the quota                         than metallised yarn of heading
  period, a considerable balance of one of the                         No 52.01 and gimped horsehair
  initial shares remains in one or other Member                        yarn); braids and ornamental
  State it is essential that that Member State                         trimmings in the piece; tassels,
  pays a large amount of it back into the cor­                         pompons and the like
  responding reserve, in order to avoid a part of
  one or other of the Community quotas re­                     58.08   Tulle and other net fabrics (but not
  maining unused in one Member State when it                           including woven, knitted or cro­
  could be used in others;                                             cheted fabrics), plain
  Whereas since the Kingdom of Belgium, the                    58.09   Tulle and other net fabrics (but not
  Kingdom of the Netherlands and the Grand                             including woven, knitted or cro­
  Duchy of Luxembourg are united in and                                cheted fabrics), figured; hand or
  represented by the Benelux Economic Union in                         mechanically made lace, in the
  the apportionment of the tariff quota in ques­                       piece, in strips or in motifs
  tion, all transactions concerning the administra­            60.01   Knitted or crocheted fabric, not
. tion of shares granted to the abovementioned                         elastic nor rubberised.
  Economic Union may be carried out by any one
  of its members,
                                                         2 . For the purposes of application of this
                                                         Regulation:
  HAS ADOPTED THIS REGULATION:
                                                         (a)    processing' means:
                       Article 1                               — for the purposes of paragraph 1 (a) and
                                                                   (c): bleaching, dyeing, printing, flock­
  1.     As from 1 September 1972 and until                        ing, impregnating, dressing and other
  31 August 1973, and within the framework of                      operations which alter the appearance
 ---pagebreak---                                   Official Journal of the European Communities                                5
          or quality of a product, without,                 (c) for Italy:
          however, changing its natural state                     20 000 units of account, half of which
      — for the purposes of paragraph 1(b):                       shall be for the twisting or throwing,
          twisting or throwing, multiplying,                      multiplying, cabling and texturisation
          cabling      and      texturisation,     even           (whether or not combined with other
          combined with spooling, dyeing and                      forms of processing) or yarn under
          other processes which change the                        Chapters 50 to 57 of the Common Customs
          appearance, the quality or the packaging                Tariff, and half for the processing of
          or the goods , without, however,                        fabrics under chapters 50 to 57 or of
          changing their nature; .                                articles under headings 58.04, 58.05, 58.08,
                                                                  58.09 and 60.01 of the Common Customs
 (b) 'value added' means : the difference between                 Tariff:
      the customs value as defined in Regulation
      (EEC) No 803/68,1 and the customs value               (d) for Benelux:
      which would be established on reimporta­                    30 000 units of account for the processing
      tion if the products were imported in the                   of yarn and fabrics under Chapters 50 to 57
      state in which they were exported.                          or of articles under headings 58.04, 58.05 ,
                                                                  58.07, 58.08 , 58.09 and 60.01 of the
                                                                  Common Customs Tariff.
                       Article 2
                                                            2.     The second instalment of the Community
1.      A first instalment, amounting to 1 700 000          tariff quota, amounting to 170 000 units of
units of account of this Community tariff                   account, shall make up the Community reserve,
quota, shall be shared among the Member                     which shall be divided into 150 000, 13 000 and
States; the proportions which, subject to the               7000 units of account for the forms of processing
provisions of Article 6, shall be valid for each            referred to in Article 1 (1) under (a), (b) and (c)
of the Member States from 1 September 1972                  respectively.
to 31 August 1973 shall consist of the following
amounts :
                                                                                  Article 3
(a) for Germany:
      1 070 000 units of account, divided as                If there is a demand for the forms of processing
      follows :                                             referred to in Article " 1 (1) (b), that Member
      — 900 000 units of account for processing             State shall draw the appropriate share from the
          fabrics under Chapters 50 to 57 of the            reserve, to the extent that the amount of the
                                                            latter allows.
          Common Customs Tariff,
      — 120 000 units of account for the twisting           That Member State shall take • the necessary
          or throwing, multiplying, cabling and             measures to inform the persons concerned of
          texturisation (whether or not combined            this possibility.
          with other forms of processing) of yarn
          under Chapters 50 to 57 of the Common
          Customs Tariff,                                                         Article 4
      — 50 000 units of account for processing
          articles under headings 58.04, 58.05,             1.     If 90 % or more of one of the initial
          58.07, 58.08 , 58.09 and 60.01 of the             shares of a Member State, as laid down in
          Common Customs Tariff;                            Article 2 (1), or 90 % of that share less the
                                                            amount returned into the corresponding reserve,
(b) for France:                                             where the provisions of Article 6 have been
      — 430 000 units of account for processing             applied, has been exhausted, that Member
          fabrics under Chapters 50 to 57 of the            State concerned shall proceed without delay,
          Common Customs Tariff,                            by notifying the Commission to draw a second
      — 150 000 units of account for processing             share equal to 10 % of its initial share, to the
          articles under headings 58.04, 58.05,             extent that the amount in the corresponding
                                                            reserve allows .
          58.07, 58.08 , 58.09 and 60.01 of the
          Common Customs Tariff:
                                                            2.     If, after one or other of these initial
                                                            shares has been exhausted , 90 % or more of
1   OJ No L 148, 28.7.1968 , p. 1 .                         the second share drawn by a Member State has
 ---pagebreak--- 6                              Official Journal of the European Communities
been used, that Member State shall proceed               the notifications. The Commission shall, not
without delay, by notifying the Commission,              later than 15 June 1973 , notify Member States
to draw a third share equal to 5 % of its initial        of the state of each of the reserves after the
share, to the extent that the amount in the              return of quota shares pursuant to Article 6.
corresponding reserve allows.
                                                         The Commission shall ensure that any drawing
                                                         which uses up one of the reserves is limited to
3.    If, after one or other of the second shares        the balance available and, for this purpose,
has been exhausted, 90 % or more of the third
                                                         shall specify the amount thereof to the Member
share drawn by a Member State has been used,             State which makes the final drawing.
that Member State shall proceed, pursuant to
the provisions of paragraph 2, to draw a fourth
share equal to the third. That process shall be
applied by analogy until each reserve is ex­                                  Article 8
hausted.
                                                         1.     The Member States shall administer their
4.    Notwithstanding the provisions of para­            shares in accordance with the system of advance
graphs 1 , 2 arid 3, each Member State may               allocation .
proceed to draw shares smaller than those
fixed in those paragraphs if there is reason to          2.     The Member States shall take all measures
believe that those shares might not be used up.          necessary to ensure that when additional quota
It shall inform the Commission of the reasons
                                                         are drawn pursuant to Article 4, it is possible
which led it to apply this paragraph.                    for charges to be made without interruption
                                                         against their accumulated shares of, the Commu­
                                                         nity tariff quota.                 '
                     ' Article 5
                                                         3.     They shall guarantee free access to the
                                                         quota shares allocated to all those concerned
Each of the additional shares drawn pursuant             in this processing trade who are established on
to Article 4 shall be valid until 31 August 1973 .       their territory.
                                                         4.     The extent to which the quota shares of
                       Article 6                         the Member State have been used up shall be
                                                         recorded on the basis of the values added
If, by 15 May 1973 a Member State has not                 adopted on reimports of the products concerned
used up its initial quota share as fixed by               under cover of declarations that they have
Article 2 (1) or as resulting from the application        been entered into consumption. .
of Article 3, it shall, not later than 10 June 1973 ,
return to the reserve the unused portion of its
share in excess of 40 % of the initial amount.
                                                                              Article 9
It may return a larger quantity if there are
reasons to consider that such quantity might
not be used.                                              Member States shall inform the Commission at
                                                          regular intervals of reimports of products
The Member States shall, not later than 10 June           actually charged against their quota shares.
1973, notify the Commission of the total re­
imports of the products concerned effected
up to 15 May 1973 inclusive, and charged
against the Community quota and, where                                       Article 10
appropriate, the proportion of its initial quota
share that is being returned to the reserve.             The Member States and the Commission shall
                                                          cooperate closely to see that the provisions of
                                                          the preceding Articles are observed.
                       Article 7
The Commission shall keep account of the                                     Article 11
quota share opened by Member States in
accordance with Articles 2, 3 and 4 and shall             This Regulation shall enter into force on the
inform each of them of the extent to which the            day of its publication in the Official Journal
reserves have been used as soon as it receives            of the European Communities.
 ---pagebreak---                 Official Journal of the European Communities                    7
This Regulation shall be binding in its entirety and directly applicable in all
Member States .
Done at Luxembourg, 31 October 1972.
                                                         For the Council
                                                          The President
                                                          P. LARDINOIS