CELEX: 51977PC0420
Language: en
Date: 1977-09-23
Title: Proposal for a COUNCIL REGULATION (EEC) concerning import arrangements for certain textile products originating in the Socialist Federative Republic of Yugoslavia (submitted to the Council by the Commission)

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COM (77) 420
Vol. 1977/0136
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                     *
                                         COM(77)420 final
                                         Brussels , 23 September 1977
                             Proposal for a
                         COUNCIL REGULATION ( EEC )
             concerning import arrangements for certain
             textile products originating in the Socialist
              Federative Republic of Yugoslavia
              ( submitted to the Council by the Commission )
                                                    kf 2 ? c -.
                                                    H   . ^ /5,V £5/
                                                    \A Sor*i da .
                                                                      Id
 C0M(77 ) 420 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
 1 . By a decision of 18 December 1975 "the Council authorized, the opening of
      negotiations with the Socialist Federative RepubLic of Yugoslavia to
      conclude an Agreement on trade in textile products .
2 . In conformity with the above cited Council decision and in consultation
      with the special Article 113 Committee , the Commission held negotiations
     with Yugoslavia "between March and June 1976 .
     Following these negotiations a draft Agreement was drawn up and initialled
     "by the heads of delegation on 25 June 197^»     The Commission presented a
      recommendation for the conclusion of this Agreement to the Council on
     April 6 , 1977 .  This was approved "by the Council on 5"th of April 1 977 •
3 . The Agreement provides , in particular , for voluntary restraint "by the
     Yugoslav authorities , within agreed quantitative limits , on exports of
      certain textile products to the Community and for checks "by the Community
     that these limits are not being exceeded .
     In order to carry out these checks , this proposal for a regulation
      introduces arrangements whereby imports into the Community of the products
      in question are subject to quantitative limits .
4 . The Agreement concerns only products originating in and coming from
     Yugoslavia .   The Yugoslav authorities apply voluntary restraint only
     to direct exports to the Community .    Thus , products in categories
      covered by the Agreement and originating in Yugoslavia can be freely
     exported to the Community via another country .     The Community can
     raise objections to such indirect exports , for the Agreement obliges
      it only to admit products that originate in and come from Yugoslavia
     which are accompanied by export certificates drawn up in accordance
     with the provisions of the Agreement .    Since such indirect imports
     are contrary to the aims of the Agreement , the import system established
     by the Community must necessarily apply to products originating in
     Yugoslavia wherever they znay come from.
 ---pagebreak--- 5.    It is proposed that the Community quantitative restrictions he managed
in accordance with the same procedure as the Community quantitative quotas
laid down in Regulation (EEC ) No . 1023/70 , and in particular Article 11
thereof , ^his procedure requires the Council to fix the criteria for
the distribution of the quantitative restrictions .
      The distribution criteria referred to are those that guided the
preparatory work within the Council for the adoption of decisions on the
opening of bilat'eral negotiations under the Arrangement regarding
International Trade in Textiles . The distribution ( 1 ) will thus be
based on these criteria and in particular on the results of work already
accomplished .
6 . The Agreement negotiated provides for the automatic and immediate
acceptance by the Community authorities of imports subject to a ceiling ,
upon presentation by the importer of the original export certificate
issued by the Yugoslav authorities stating that the quantities exported
have been charged against the agreed ceilings . In practical terms ,
this stipulation means that the Member States * authorities are obliged to
grant import authorization automatically and immediately upon presentation
of a request from the importer which is accompanied by the export certificate
referred to above , on condition that the agreed limits are not exceeded .
7 * In order to enable all the aims of the Agreement to be accomplished
as soon as possible , the Commission proposes that the Council adopt
the attached draft regulation speedily.
( 1 ) The distribution will be the subject of a separate regulation to be
adopted by the Commission , also on the basis of Regulation No. 1023/70 .
 ---pagebreak---                           PROPOSAL FOR A
                   COUNCIL REGULATION (EEC )
     . concerning import arrangements for certain textile products
       originating in -Che Socialist Federative Republic of Yugoslavia
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 ,
Whereas , in the context of the Arrangement regarding international trade in
textiles , the European Economic Community and the Socialist Federative Republic
of Yugoslavia have negotiated an Agreement on trade in textiles ; whereas the
Council has approved a recommendation for a Regulation concluding that
Agreement presented by the Commission ;
Whereas , for the purpose of implementing the Agreement , import arrangements must
be adopted for the products in question }
Whereas the Agreement requires the Community to admit imports of certain textile
products within the quantitative limits , compliance with which will be
guaranteed by a system of bilateral checking ;
Wh  eas appropriate provisions applicable in the Community should therefore be
adopted for 1976 and 1 977 » including criteria for the allocation of the quantitat­
ive limits agreed with the Socialist Federative Republic of Yugoslavia .
Whereas , in view of the considerable disparities existing between the conditions
currently governing imports of the products concerned into the Member States and
in view of the particular sensitivity of the Community 's textile industry , standar­
dization of these import conditions can only be achieved progressively; whereas the
criterion to be adopted for the allocation of the Community quantitative limits
should therefore be in particular the gradual adjustment of the quantitaties ad­
mitted under current import conditions to market supply requirements ;
 ---pagebreak---                                        - 2
Whereas imports of g*oods exported from the Socialist Republic of Yugoslavia
should, be charged against the (juantitive limits fixed in the Agreement for
the same peri i ;
Whereas steps should he taken to ensure that there is no evasion of the objectives
of the Agreement by indirect imports of products originating in the Socialist
Republic of Yugoslavia ;
Whereas the Agreement provides that those products which enter the Community 's
customs territory under inward processing or other temporary importation arrange­
ments and axe re-exported therefrom in their original state or after processing
should not be charged against the agreed quantitative limits ;
Whereas the Agreement does not apply to re–imports from Yugoslavia of textile
articles produced by the working or processing of products temporarily ex­
ported by the Community ;
HAS ADOPTED THIS REGULATION i
                                     Article 1
          Imports into the Community of the textile products listed in Annex I ,
o „ ginating in Yugoslavia and exported between 1 January 1976 and 31 December 1977 »
     .  are. subject to the quantitative limits agreed between the Community and the
Socialist Federative Republic of Yugoslavia and 6et out in that Annex .
2.        The quantitative limits are      allocated among the Member States in accor­
dance with the procedure laid down in Coucil Regulation (EEC ) No 1023/70 of
25 May 1970 establishing a common procedure for administering quantitative quotas
 ( 1 ), and in particular in Article 11 thereof , in such a way as to ensure the
expansion and orderly development of trade in textiles and to permit amounts to
be carried over or brought forward from one year to another .
          However , the allocation    is   made on the basis of the import volumes
admitted under the conditions currently applied in the Member States and shall
provide for annual rates of increase which are appreciably higher for those
Member States whose import volumes are relatively the lowest , in such a way that
this allocation is gradually aligned with market supply requirements .
  ( 1 ) JO L. 124 of 8.6.1970 , p. 1
 ---pagebreak---  3*    The competent authorities of the Member States concerned, shall , within
 the quantitative limits prescribed , automatically authorize the import of the
 products referred to in paragraph 1 immediately upon production by the importer
 of the original of the export licence issued by the competent authorities of
 the Socialist Federative Republic of Yugoslavia and containing the details set
 out in Annex II .
 4.    Authorized imports . are     charged against the quantitative limits valid
 for the year during which the products were taken aboard within the territory
 of the Socialist Federative Republic of "Yugoslavia for export to the Community .
 5.    Products which enter the Community 's customs territory under inward pro­
 cessing or other temporary importation arrangements and are re–exported there-
 from in their original state or after processing shall not be charged against
 the quantitative limits referred to in_ paragraph 1 .
6.     Products which enter the Community*s customs territory after outward wor­
king or processing in Yugoslavia of products temporarily exported by the Commu­
nity shall not be charged against the quantitative limits referred to in
paragraph 1 .
                                   Article 2
       This Regulation . enters    into force on the third day following its pu­
blication in the Official Journal of the European Communities .
       This Regulation      is  binding in its entirety and directly applicable
in all Member States .
                                                    Done at Brussels ,
                                                    For the Council
                                                    The President
 ---pagebreak---                                 ANNEX I
                Quantitative limits referred to in Article 1
Common
Customs
           IîTimez      Description of
                                                          Quantitative limits
                                                             (metric tons)
Tariff Ko jCode        goods                                  1976     1977
  55-09     01 to       Other woven fabrics
            98          of cotton
          i
                                                EEC          12 779   13 546
of vhich
ex 55.09                Cotton fabrics , other
                       than unbleached or
                       bleached
                                                EEC           1 425    1 505
ex 62.02 £ 11 , 41 ,   Bed linen , table
            43 , 47 ,  linen , toilet linen
            71 , 73 ,  and kitchen linen of c otton j
            81         curtains and other
                       furnishing artioles
                       of cotton
                                                EEC             952    1 009
 ---pagebreak---                                   AOTîEX II
                       Details referred to in Article 1
The export licences issued by the authorities of the Socialist Federative
Republic of Jugoslavia in respect of the products subject to restraint
under this regulation shall specify or contain :
1 • destination
2 . sériai number
3 . importer * s name and address
4 . exporter * s name and address
5 » net weight (in metric tons ) and value
6 . category and classification of product
7 . certificate issued by the Yugoslav authorities showing that the
    quantity has been debited against the agreed ceiling for exports to
    the Community or , where appropriate , is for immediate re-export or
    for processing and subsequent re–export outside the Community .
8 . year during which the products were exported i.e. loaded in Yugoslavia
    for export .