CELEX: 51988PC0090
Language: en
Date: 1988-03-07
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for processing work in respect of certain textile products under Community outward-processing traffic

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 90
Vol. 1988/0026
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(88 ) 90 final
                                                Brussels , 7 March 1988
                                 Proposai for a
                            COUNCIL REGULATION ( EEC )
   opening , allocating and providing for the administration of a Community
   tariff quota for processing work in respect of certain textile products
                   under Community outward-processing traffic
                        'Г /' Л
 ---pagebreak---                                  EXPLANATORY MEMORANDUM
1.       In an Arrangement ( 1 ) concluded with the Swiss Confederation on
         1st August 1969 , the European Economic Conmunity undertook to open
         an annual duty-free Conrnunity tariff quota of 1 870 000 units of
         account of added value for various kinds of processing work in
         respect of certain textile products under the outward-processing
         traffic arrangements between the Community 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–twisting , cablin , texturizing (whether or not combined
                   with other processing work ) of yam falling within Chapters
                   50 to 57 of the Conrnon Customs Tariff ;
          ( iii ) 227 000 units of account for processing work on articles
                   falling within heading Nos 58.04, 58.05 , 58.07 , 58.08 , 58.09
                   and 60.01 of the Catron Customs Tariff , subject to the
                   setting up of a Community reserve of 230 000 u.a . to be
                   drawn frcm the above quotas , i.e. 160 000 u.a ., 13 000 u.a .
                   and 57 000 u.a . respectively.
( 1 ) O.J. No L 240, 24.9.1979
                                                                                   Q
 ---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 Conmittee 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 cn 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 1988 to 31
   August 1989 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 and
   of the need to ensure that all Member States share in the
   allocation of this tariff quota .
 ---pagebreak---                                                   Proposai for a
                                       COUNCIL REGULATION (EEC)
                  opening, allocating and providing for the administration of a Community tariff
                  quota for processing work in respect of certain textile products under
                                         Community outward-processing traffic
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                      Euratom) No 3308 / 80 of 16 December 1980 on the
                                                              replacement of the European unit of account by the ECU
Having regard to the Treaty establishing the European         in Community legal instruments (2) ;
Economic Community, and in particular Article 113
thereof,                                                      Whereas provision should be made in particular to ensure
                                                              equal and continuous access for those concerned with this
Having regard to the proposal from the Commission,            quota and consistent application of the rate of duty, pre¬
                                                              scribed for the said quota until the quota is exhausted, to
                                                              all goods re-imported into any of the Member States and
Whereas, on 1 August 1969, the Community concluded            which have received one or other of the treatments listed
an arrangement with Switzerland on processing traffic in      above ; whereas, in the light of these principles, arrange¬
textiles ; whereas under that arrangement the Community       ments for the utilization of the quota based on an alloca¬
undertook to open, on 1 September of every year, an           tion among the Member States would seem to be consis¬
annual duty-free Community tariff quota for processed         tent with the Communiy character of the said quota ;
goods of 1 870 000 units of account of added value,           whereas it therefore seems advisable to make the alloca¬
apportioned as follows :                                      tion on the basis of the amount of the traffic under the
                                                              previous bilateral Agreements, but without precluding
(a) 1 650 00 units of account for processing work on          participation by Member States not previously involved in
     woven fabrics falling within Chapter 50 to 57 of the     such traffic ;
     Common Customs Tariff ;
                                                              Whereas, to safeguard the Community character of the
(b) 143 000 units of account for the twisting or throwing,    quota, provision should be made to meet requirements
     cabling and texturizing (whether or not combined
                                                              which may arise in those Member States permitting them
     with other processing work) of yams falling within       to draw adequate amounts from the Community reserve ;
     Chapters 50 to 57 of the Common Customs Tariff ;
(c) 77 000 units of account for processing work on            Whereas, to take account of possible developments in the
     products falling within heading Nos 58.04, 58.05,        traffic in question in the various Member States, the total
     58.07, 58.08 , 58.09 and 60.01      of the Common        quota volume of 1 870 000 ECU should be divided into
     Customs Tariff ;                                    '    two instalments, the first being allocated among certain
                                                              Member States and the second held as a reserve to cover
                                                              the subsequent requirements of Member States when one
Whereas, in order to facilitate administration of this tariff
                                                              of their initial shares has been exhausted, and also requi¬
quota, it was decided no longer to allocate a quota, provi¬   rements which may arise in certain Member States in
sionally, to each of the above three categories of proces¬    respect of processing work for which no initial share of
sing ; whereas the quota in question should therefore be      the quota was allocated ; whereas, in order to give the
opened for the period 1 September 198 8 to 31 August          parties concerned in each Member State some degree of
 198 9 according to the procedure provided for under the      certainty, it would seem appropriate to fix the first instal¬
above arrangement, as amended and in compliance with          ment of the Community quota is at a relatively high level,
the provisions of Council Regulation (EEC) No 2779/78         namely 1 640 000 ECU ;
of 23 November 1978 on the procedure for applying the
European unit of account (EUA) to legal acts adopted in
one customs sphere ('), and in particular Article 2 thereof,  Whereas, the Member States may exhaust their initial
and the provisions of of Council Regulation (EEC,             shares at different rates ; whereas, to avoid disruption of
(') OJ No L 333, 30. 11 . 1978 , p. 5.                        (J) OJ No L 345, 20. 12. 1980, p. 1 .
 ---pagebreak--- supplies on this account, it should be provided that any    Member State while it could be used in others, that such
Member State which has almost used up one of its initial    State should return a significant percentage thereof to the
shares should draw an additional share from the reserve ;   corresponding reserve ;
whereas, each     time   its additional  share is almost
exhausted, a Member State should draw a further share,
                                                            Whereas, since the Kingdom of Belgium , the Kingdom of
and so on, as many times as the reserve allows ; whereas    the Netherlands and the Grand Duchy of Luxembourg
the initial and additional shares should be valid until the
                                                            are united within and jointly represented by the Benelux
end of the quota period ; whereas this form of administra¬  Economic Union, all transactions concerning the
tion requires close collaboration between the Member        administration of the shares allocated to that economic
States and the Commission, and the Commission must be       union may be carried out by any one of its members,
in a position to keep account of the extent to which the
quota has been used up and to inform the Member States
accordingly ;
                                                            HAS ADOPTED THIS REGULATION :
                                                                                     Article 1
Whereas, if at a given date during the quota period a
considerable quantity of a Member State’s initial share     1.    From 1 September 198f5 to 31 August 1989 the customs
remains unused, it is essential, to prevent a part of the      duties applicable to re-imports of the
Community tariff quota from remaining unused in one          following products shall be totally sus ¬
                                                             pended witnin the limit of the tariff
                                                             quota shown herewith :
 ---pagebreak---           ‘Scria! No    CN code                                                                                              Volume oí
                                                                        Description
                                                                                                                             tarili quota
           09.2 Sol               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 or sub¬
                                       heading 5809 00 00 of the combined nomenclature
                                  (b) twisting or throwing, cabling and texturizing (whether or not combined with
                                       other processing work) of yarns falling within Chapters 50 to 55 or subheading
                                       5605 00 00 of the combined nomenclature
                                  (c) processing work on products falling within the following headings or sub¬
                                       headings of the combined nomenclature :
                      5801        Woven pile fabrics and chenille fabrics, other than fabrics of heading No 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, épinglé (uncut)
                      5801 25 00   – – Warp pile fabrics, cut
                      5801 26 00   – – Chenille fabrics
                                   – Of man-made fibres :
                      5801 32 00   – – Cut corduroy
                      5801 33 00   – – Other weft pile fabrics
                      5801 34 00   – – Warp pile fabrics, épinglé (uncut)
                      5801 35 00   – – Warp pile fabrics, cut
                      5801 36 00   – – Chenille fabrics
                      5801 90      – Of other textile materials :
                                                                                                                            1 870 000 ECU
                      5801 90 10   - Of flax                                                                                of value added'
                      5801 90 90   – – Other
                      5802         Terry towelling and similar woven terry fabrics, other than narrow fabrics of
                                   heading No 5806 ; tufted textile fabrics, other than products of heading No 5703 :
                                   – Terry towelling and similar woven terry fabrics, of cotton :
                      5802 1 1 00  – – Unbleached
                      5802 19 00   – – Other
                      5802 20 00   – Terry towelling and similar woven terry fabrics, of other textile materials
                      5802 30 00    – Tufted textile fabrics
                      5806         Narrow woven fabrics, other than goods of heading No 5807 ; narrow fabrics
                                   consisting of warp without weft assembled by means of an adhesive (bolducs)
                       5606 00     Gimped yam, and strip and the like of heading No 5404 or 5405. gimped (other
                                   than those of heading No 5605 and gimped horsehair yarn ) ; chenille yarn (inclu¬
                                   ding flock chenille yarn) ; loop wale-yarn :
                                    – Other :
                       5606 00 91   – – Gimped yam
                       5606 00 99    - - Other
                       5808        Braids in the piece ; ornamental trimmings in the piece, without embroidery, other
                                   than knitted or crocheted ; tassels, pompons and similar anieles :
                       5808 10 00   – Braids, in the piece
                       5808 90 00   – Other
                       5804        Tulles and other net fabrics, not including woven, knitted or crocheted fabrics ; lace
                                   in the piece, in strips or in motifs
                       6001        Pile fabrics, including ‘long pile' fabrics and terry fabrics, knitted or crocheted
                       6002        Other knitted or crocheted fabrics
2.   Within the same limits, Spain and Portugal shall              (a) ‘processing work’ means :
apply customs duties calculated in accordance with the
provisions of the Act of Accession and of the Protocols                 – for the purposes of paragraph 1 (a) and (c) :
concluded by reason of that accession.                                       bleaching, dyeing, printing, flocking, impregna­
                                                                             ting, dressing and other work which changes the
                                                                             appearance or quality of the goods, without
3.   For the purposes of this Regulation :                                   however changing their nature,
 ---pagebreak---      – for the purposes of paragraph 1 (b) : twisting or       3. If a Member Slate, after exhausting its second share,
          throwing, cabling and texturizing, whether or not    has used 90 % or mere oi the third share drawn by it,
          combined with reeling, dyeing or other work          that Member State shail, in accordance with the same
          which changes the appearance, quality or finish of   conditions laid down in paragraph 1 , draw a fourth share
          the goods, without however changing their nature ;   equal to the third.
(b) ‘value added’ means the difference between the value       This process shall continue to apply until the reserve is
     for customs purposes as defined in Community Regu¬        exhausted.
     lations on this subject at the time of re-importation
     and the value for customs purposes as it would be if      4. By way of derogation from paragraphs 1 , 2 and 3, a
     the products were re-imported in the state in which       Member State may draw shares lower than those specified
     they were exported.                                       in those paragraphs if there are grounds for believing that
                                                               those specified may not be used in full. Any Member
4. Re-imports of products, resulting from this proces¬         State applying this paragraph shall inform the Commis¬
sing work may not be charged to the tariff quota if they       sion of its grounds for so doing.
are already free of customs duties under other preferential
tariff arrangements.
                                                                                         Article 5
                          Article 2                            Additional shares drawn pursuant to Article 4 shall be
                                                               valid until 31 August 198 9
 1.    The tariff quota referred to in Article 1 (1 ) shall be
divided into two instalments.
                                                                                         Article 6
The first instlment, 1 640 000 ECU, shall be allocated as
set out below among the Member States listed in the            The Member States referred to in Article 2 ( 1 ) shall , not
above arrangement ; the shares, subject to Article 6, shall    later than 1 July 1989 return to the reserve the unused
be valid from 1 September 1983 to 31 August 1989 :             portion of their initial share which, on 15 June 1989 is in
                                                               excess of 20 % of the initial amount. They may return a
                                                (ECU)          greater portion if there are grounds for believing that it
         Benelux                                 20 000        may not be used in full.
        Germany                               1 080 000
         France                                 520 000        Member States shall, not later than 1 July 198?, notify the
         Italy                                   20 000        Commission of the total quantities of the product in
                                                               question re-imported up to and including 15 June 1989
2.     The second instalment, which amounts to 230 000         and charged against the Commission quota and of any
ECU, shall constitute a Community reserve.                     portion of their initial quota returned to the reserve.
                                                                                         Article 7
                          Article 3
                                                               The Commission shall keep an account of the shares
If an importer notifies an imminent re-importation of the      opened by the Member States pursuant to Articles 2, 3
products in question into another Member State and             and 4 and shall, as soon as the information reaches it,
requests the benefit of the quota, the Member State            inform each Member State of the extent to which the
concerned shall inform the Commission and draw an
                                                               reserve has been used up.
amount corresponding to its requirements to the extent
that the available balance of the reserve permits this.        It shall, not later than 5 July 198 9 inform the Member
                                                               States of the amounts still in reserve following any return
                                                               of shares pursuant to Article 6.
                          Article 4
                                                               It shall ensure that when an amount exhausting this
1.     If a Member State has used 90 % or more of its          reserve is drawn the amount so drawn does not exceed the
initial share as fixed in Article 2 (1 ), or that share minus  balance available, and to this end shall notify the amount
any portion returned to the reserve pursuant , to Article 6,   of that balance to the Member State making the last
it shall forthwith, by notifying the Commission, draw a        drawing.
second share, to the extent that the relevant reserve so
permits, equal to 10 % of its initial share, rounded up as
necessary to the next whole number.                                                      Article 8
2. If a Member State, after exhausting its initial share,      1 . Member States shall take all appropriate measures to
has used 90 % or more of the second share drawn by it,         ensure that additional shares drawn pursuant to Article 4
that Member State shall, in accordance, with the condi¬        are opened in such a way that re-importation may be
tions laid down in paragraph 1 , draw a third share equal      charged without interruption against their accumulated
to 5 % of its initial share.                                   shares of the Community tariff quota.
 ---pagebreak--- 2. Every Member State shall ensure that all persons                                      Article 10
involved in the processing traffic have free access to the
shares allocated to it.
3.    The extent to which a Member State has used up its'       Member States and the Commission shall cooperate
shares shall be determined on the basis of the value            closely to ensure that this Regulation is complied with.
added, as established when upon re-importation the
products concerned are entered with the customs authori¬
ties for free circulation .
                                                                                         Article 11
                           Article 9
At the request of the Commission, the Member States
shall inform it of any re-importations of the products in       This Regulaiton shall enter into force on 1 September
question actually charged against their share.                  1988
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels,
                                                                            For the Council
                                                                             The President
 ---pagebreak--- FICHE FINANCIERE
1.      Ligne budgétaire concernée : Cnap . 12 art . 120
2.      Base juridique : art . 113 du traité
3.      intitulé de la mesure tarifaire : Proposition de règlenent du
        Conseil portant ouverture , répartition et inode de gestion d' un
        contingent tarifaire communautaire pour des traitements de certains
        produits textiles en trafic de perfectionnement passif de la
        Communauté
4.      Objectif : Respecter les engagements de la Communauté
5.      Mode de calcul :
        - tfo du T.D.C.  :  divers
        - Volume du contingent : 1 870 000 êcus
        - 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---                                  - 3 -
               FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement contractuel
de la Coirmunauté . L' impact découlant de cette concession a été pris en
considération lors de la prise de décision d' adoption de ce contingent et
il n' aura pas un caractère sérieux sur la compétitivité et 1 ' anploi dans la
Ccrmunauté .
                                                                               (o