CELEX: 51980PC0173
Language: en
Date: 1980-04-14
Title: Proposal for a COUNCIL REGULATION (EEC) concerning common import arrangements for certain jute products originating in Bangladesh (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
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DOCUMENTS "COM"
COM (80) 173
Vol. 1980/0053
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(80)173 final
                                                           Brussels . 14 April 1980
                                                  "■  i
                              Proposal for a
                         COUNCIL REGULATION ( EEC )
concerning common import arrangements for certain jute products
                        originating in Bangladesh
            ( submitted to the Council by the Commission )
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C0W80 ) 173 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
1.    By decision of 23 November 1979 the Council authorised the Commission to open
negotiations with Bangladesh for the conclusion of a new agreement on trade
                                 in jute products as the previous Agreement expired
on 31 December 1979 .    .
      In accofdance with this decision the Commissions in consultation with the
Article 113 Committee , conducted negotiations in November 1979 and March 1980 . Thes
negotiations culminated 1n a draft Agreement initialled by both Heads of           '
Delegation on 26 March         1980 .         *
      The new Agreement , approved by the Article 113 Committee ^ onnot formally
enter into force , however , until the necessary procedures have been • Ofoplet^.u
on both sides ( for the Community , conclusion by the Council ?. The Cor miss ion
will shortly be submitting a recommendation concluding the Agreement .
                 -         • f            •
                                                       j     !
       However , since it is desirable that the results of the negotiations be put
 into effect as promptly as possible , it was "agreed by exchange of note
 verbnlcs that pending completion of the necessary procedures, the Agreement
 would be applied de facto from 1 Wa Y . 1930 . The annexed proposal for a
 regulation contains provisions to establish import arrangements for the products
 concerned , as agreed with Bangladesh in the framework of the Agreement .
        I-                         "            '          '   ' "N
                                                  ' "V   .
 2.    The new Agreement provides inter alia for the voluntary restraint by the
Bangladesh authorities ,! within the quantitative limits agreed, of exports
 to the Community of certain jute products and for a system of Community control
 of compliance with those limits .          '
       In order to make such control possible , this proposal for a regulation
 provides for the introduction of arrangements making imports into th® Community
 ef tSie produsts 1n question subjtct to quantitative limits.
 ---pagebreak--- 3.    The Agreement which has b >en initialled is concerned only with products                     J
originating in and coming from Bangladesh . The authorities of this country will
apply voluntary restraint only to direct exports to the Community. Thus products                    I
covered by the Agreement and originating 1n Bangladesh may be freely exported to the
Community through non-member countries. The Community may oppose such indirect
exports, for by the Agreement it is only obliged to admit products originating in and ]
coming from Bangladesh     Which are accompanied by an export authorization a § required'
by the Agreement .                                                      *
                                     \              ! -
                  *                                                                           *
      Since such indirect imports run counter to the objectives of the Agreement
the import arrangements introduced by the Community must be applied to products                 -
                                                                                                  iI
originating Vn Bangladesh irrespective of where they come from .                                   ;
        . ■ '   r              -                    1 < '             •                  -          :
4 . It is proposed to administer the Community    1 ■ 1 ;
                                                            quantitative limits in accordance
with the procedure for administering Community quantitative quotas established
by Council Regulation < EEC > No. 1023/ 70, and in particular Article 11(1 ) thereof .
Under this procedure the Council has to determine the Criteria for allocating
the quantitative limits .                                 1
    'The criteria referred to are primarily those taken as a guide for allocating
 the ceilings of the previous Agreement .
      However, in the light of experience with the functioning of the previous
 Agreement , and since under the present Agreement the voluntary restraint
 arrangements apply to a narrower range of products, these criteria have adjusted
 to give a breakdown of the agreed volumes between the Member States more in
 line with current trade patterns .
 5.    The Agreement which has been initialled provides for the auotmatic ,
 immediate acceptance by the Community authorities of imports subject to limitation,
 upon production by the importer of an export authorization issued by the Bangladesh
 authorities certifying that the quantities have foeeo set off against the agreed
 quantitative limits. This provision therefore obliges the Member States® ^
 authority ' to grant • Import autherls'atiorts automatically as soon as a request
              -     ■    '       •         '                '  ■[/ .                   ■
                           ■ ,     ■    ''              'Î                   '  •   «/G9
 ---pagebreak--- Is mode accompanied by an export authorlzat Ion, provided that the agreed               I
limits are observed .                                                                   i
        •
                                                      '      .                    •     . *i
       The new Agreement also stipulates that products entering the Community
customs territory under inward processing or other suspensory arrangements                '
and subsequently re-exported from the Community must not be set off against
the agreed quantitative limits.
6.     The previous Agreement expired on 31 December 1979 ;    as it was not possible to
finish the negotiations for the new Agreement before then, the Council ,                   j
by agreement with the non-member countries concerned , adopted Regulation                  j
( EEC ) No 3019 /79 of 20 December 1979 ( 1 ), extending for the first three months
of 1980 the import arrangements 1n force for 1979 for certain jute products                I
                                                  1 I
originating 1n Bangladesh , India and Thailand, and stipulating that the
quantities imported under the provisional arrangements would be charged
against any limits eventually, fixed under the new agreements ( negotiations
or. consultations with     India    and Thailand have since been concluded ). Now
that a new. Agreement has been negotiated with Bangladesh it is therefore necessary
to take account of the quantities set out .
7.     So that the objectives of the Agreement may be attained promptly
the Commission proposes that the Council adopt the draft Regulation
annexed hereto as soon as possible.
1
  0J No I 340, 31.12.1979, p* 1
 ---pagebreak---                             PROPOSAL FOR A
                   COUNCIL REGULATION ( EEC )
                  concerning common import arrangements
                        for certain jute products
                         • originating in - Banglaclesh
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article' 113 thereof ,
Having regard to the proposal from the Commission ,
 ---pagebreak--- Whereas the European Economic Community and the ' P eople 's Repubt vc of
 Bang tac*.p sh have negotia ted an_ Agreement on trade in jute     -     ■
products ; whereas the Commission has put before the Council a >
recommendation concerning the conclusion of that Agreement ;
           !                               , ■                    -
Whereas , in order to implement that Agreement , specific common import
arrangements should be introduced for the products concerned originating
in Bangladesh ;
Whereas , to this end , the appropriate provisions valid in the Community
for the years 1980 to 1983 should be adopted ;
Whereas , under the Agreement , the Community is required to admit imports        _
of certain o u"t e products within" agreed quantitative limits ; whereas ,
under the Agreement negotiated with Bang lade sh , application of the
quantitative limits requires the introduction of a special adminis­
trative procedure ; whereas the common administration should be
decentralized by the allocation of the quantitative limits among the
Member States and whereas the Member States * authorities should issue
import authorizations in accordance with the bilateral control system
laic down in the Agreement ;                               -    -      •
Whereas , to ensure optimum utilization of the quantitative limits in
question , they should be allocated both in accordance with the criteria
taker* as a guide in allocating the quantitative limits under the pre­
vious Agreement wit h Bangla desh          and taking into consideration the fact
that the new Agreement establishes such limits for a smaller number of :
products than under the old Agreement , thereby enabling fuller account
to be taken of the supply requirements of the various Member States ;
 ---pagebreak---                                     - 3 -
 Whereas , however , since' considerable disparities still exist in the   I
 conditions under which imports of the products in question may be
 admitted into different Member States., it will be possible to
 standardize such conditions on a gradual basis only ; whereas
 allocation can , therefore , be aligned only progressively on supply
requirements ;                    '
Whereas steps should be taken to ensure that the objectives of the
Agreement are not defeated by indirect imports of products originating
in Bangladesh ;
Whereas imports should be set off against the quantitative limits
fixed for the year during which the goods were shipped from . Bangladesh;
Whereas products which enter the Community 's customs territory under
inward processing or other suspensory arrangements and which are
re-exported from that territory in -their ioriginal condition or after
processing should not be set off against the above-mentioned
quantitative limits ;
Whereas Council Regulation (EEC ) No 3019/79 (^) extended until
31 March 1980 the import arrangements in force for 1979 for certain
jute products originating in Bangladesh , India or Thailand
( ) OJ No I» 340 , 31.12.1979 , p. 1
                                                                   C • 6/
 ---pagebreak---  HAS ADOPTED THIS REGULATION :
                                                                                            V
                                        Article 1
 1,          Imports into the Community of the jute products listed in
     Annex A which originate in ." Bangladesh and are shipped Between '
     1 January 1980 and 31 December 198 3 shall be subject to the
     annual quantitative- limits agreed between the Community and Bangla­
      desh       and set out in the Annex referred to above .
 2.           The quantitative limits referred to in paragraph 1 shall be allocated among the
    Member States in accordance with the procedure laid down in
    Council Regulation ( EEC ) No 1023/70 of 25 Kay 1970 establishing                           >
    a common procedure for administering quantitative quotas (^),
               ^                                             .    <                           -
    and in particular in Article 11 thereof , so as to ensure the.
    expansion and orderly development of trade in jute products and
    to permit amounts to be carried over or brought forward from one ,
    year to another ,                                          _
                                                       !
3.           The jute products referred to in paragraph 1 originating in Bang la­
  v . deshi , shall be imported within the framework of the bilateral
    control system defined in the Agreement , whereby the authorities -
    of the Member States concerned shall , within the quantitative
    limits prescribed , automatically authorize the importation of the
    products referred to in paragraph 1 immediately upon production
    by the importer of the original copy of the export authorization issued
    by .the. Bangladesh          authorities and containing the particulars
    set out in Annex B.
( ) OJ No L 124 , 8.6.1970 . p. 1
                                                                                • « •/• • •
 ---pagebreak--- 4.      - Authorized imports shall be set off against the quantitative
    limits established for the year in which the products were shipped
  from Bangladesh . In issuing import authorizations in respect of the
    quantitative limits established for 1980 , the authorities of the
    Member States shall take into account authorizations          issued
    to cover products subject to quantitative limitation under the
    provisional arrangements provided for by Council Regulation ( EEC )
    No 3019/79 and until the entry into force of this Regulation.
5o        Products admitted into the Community 's customs territory under
    inward processing or other suspensory arrangements shall not ,
    provided that they are declared under such arrangements to be
    for re-export from that territory in their original condition
    or after processing , be set off against the quantitative • limits
    referred to in paragraph 1 *       '
                                  Article 2
      This Regulation shall enter into force on the third day following
that of its publication in the Official Journal of the European
Communities «                 '                !
 ---pagebreak---                                   6
     This Regulation shall be binding in its entirety and directly
applicable in all Member States#
                                  Done at Brussels ,
                                          For the Council
                                           The President
 ---pagebreak---                                                                                                        ANNEX A
                               Qusr?ti tafciwe liraHi:» Pef«rred to ir» Artide 1<1 )
                                                                                                        ( tormesï
Category CCT         Μΐ«ι®κβ                                                                         Ou ñní i tel i ve limits.
                                       ■ ' .          " Description
  No '   Heading Code                                                                             1930     1981        19E2  1982
                                                *
4        57t, 10 Β     5 ?. 10-61   Hoven fabrics of jute or of other bast                      3 345      3 679     4 049   4 453
                     «a 57 , 10-63  fibre » of heading Wo 57.03 :
                                    sa Be         e ? a width of more' than ISO c «,
                                                  but not more than 310 cra 0 mother
                                                  than ti'jose of Category ? .
?        5 ?, 10 Β                  Woven fabrics of jut® or of other tentile
                                    basi 'fibres ef heading Wo. S 7. 03 : .
                                    «s ij» of a                of raor«? than 150 cm,,? ,      1 845.     1 993      2 151  2 323
                                                  wholly or partiell )» bleecbacS ,
                                                  djed er jslnte«* assd . hairing ao                                          9
                                              .   » iei&ie oeivedee 1 « th « víâiha
                            _
                                   . ' ...              :         _       ,,
                   >                                                '     **'     .  r - ··· .                      *#       i»'
                                                                                                              ».
                                                                                    V*
                                                                                                     -
                                             '                      *      I  '.ι
 ---pagebreak---                                                                ANNEX 0
               Particulars referred to in Article 1(3 )
    Export authorizations issued by the Bangladesh authorities in respect
    of the products covered by this Regulation shall contain the following
    particulars :
        (a)  The destination ( relevant Member State concerned )
        ( b)  Sériât number ;
        (c)   Importer' s name and address ;
        ( d)  Exporter' s name and address ;
        ( e)  Net weight ( in kg or tonnes ) and value ;                  \
        ( f)  Category and classification of the product ;
        <g)   Certification by the authorities of Bangladesh that
              the quantity has been set off against the quantitative limits fixed
              for the year in which the products were shipped/ i.e. placed on board
             Mn Bang ladeslT " for export to the Community ( Member State of final
              destinat i6n)~br , where appropriate , are for immediate re-export or
              are for processing and subsequent re-export outside the Community ;
        (h)   Year during which the products were shipped, t ha t is , were
              placed on board in BahgTadesF feTr export to tfie Community .
( ) For Category 4 products , the width in centimetres shall also "be given }
    this specification shall be required mrfcil the KIMSU2 classification is
    amended so that headings NOs. 57.10-61 and 65 reflect the . description
    of prs>fki6t$ felling within the current definition of Category 4 .