CELEX: 31977R0116
Language: en
Date: 1977-01-18 00:00:00
Title: Council Regulation (EEC) No 116/77 of 18 January 1977 concerning import arrangements for certain textile products originating in Macao

No L 19 / 14                        Official Journal of the European Communities                               22 . 1 . 77
                                   COUNCIL REGULATION ( EEC) No 116/77
                                                  of 18 January 1977
             concerning import arrangements for certain textile products originating in
                                                         Macao
THE COUNCIL OF THE EUROPEAN                                   guard measures to be adopted where there is real risk
COMMUNITIES,                                                  of market disruption ; whereas, in accordance with
                                                              this procedure, Macao has undertaken to apply volun­
Having regard to the Treaty establishing the European         tary restraint in respect of exports of certain textile
Economic Community, and in particular Article 113              products to certain Member States ; whereas compli­
thereof,                                                      ance with these quantitative limits will be guaranteed
                                                              by a system of bilateral checking ;
Having regard to the proposal from the Commission ,
                                                              Whereas, to this end, quantitative limits should be
Whereas, in the context of the Arrangement regarding           fixed for imports of these products into the Member
international trade in textiles, the European Economic        States and detailed rules laid down for their administra­
Community and Macao have negotiated an Agree­                  tion by the Member States ;
ment on trade in textile products ; whereas the
Commission has submitted to the Council a recom­              Whereas the Agreement provides that those products
mendation for a Regulation concluding that Agree­             which enter the Community's customs territory under
ment, hereinafter referred to as the 'Agreement' ;             inward processing or other temporary importation
                                                              arrangements and re-exported therefrom in their orig­
Whereas, for the purpose of implementing the Agree­            inal state or after processing should not be charged
ment, import arrangements must be adopted for the              against the agreed quantitative limits ;
products in question ;
                                                               Whereas, account being taken of Article 12 of the
Whereas the Agreement requires the Community to               Arrangement regarding international trade in textiles,
admit imports of certain textile products within the           on which the Agreement is based, the latter does not
quantitative limits laid down , compliance with which          apply to textile products of silk, of flax or of ramie ;
will be guaranteed by a system of bilateral checking ;
                                                              Whereas the Community and Macao have agreed that
Whereas appropriate provisions applicable in the               in certain cases the quantitative limits for the period 1
Community should therefore be adopted for the dura­            October 1975 to 31 December 1977 should be esta­
tion of the Agreement, including criteria for the alloca­      blished by taking into account the carry-over of un­
tion of the quantitative limits agreed with Macao ;            utilized quantitative limits valid for the preceding
                                                               period under the rules in effect until 30 September
Whereas, in view of the considerable disparities               1976,
existing between the conditions currently governing
imports of the products concerned into the Member
States and in view of the particular sensitivity of the        HAS ADOPTED THIS REGULATION :
Community's textile industry, standarization of these
import conditions can only be achieved progressively ;
whereas the criterion to be adopted for the allocation                                  Article 1
of the Community quantitative limits should therefore
be in particular the gradual adjustment of the quanti­         1.    Imports into the Community of the textile
ties admitted under current import conditions to               products listed in Annex A, originating in Macao and
market supply requirements ;                                   exported between 1 October 1975 and 31 December
                                                               1977, shall be subject to the quantitative limits agreed
Whereas steps should be taken to ensure that there is          between the Community and Macao and set out in
no evasion of the objectives of the Agreement by indi­         that Annex .
rect imports of products originating in Macao ;
                                                               2. The quantitative limits shall be allocated among
Whereas the quantitative limits laid down by the               the Member States in accordance with the procedure
Agreement apply to exports from Macao ; whereas the            laid down in Council Regulation (EEC) No 1023/70
goods imported should therefore be charged against             of 25 May 1970 establishing a common procedure for
the quantitative limit fixed for the period in which           administering quantitative quotas ('), and in particular
these goods were exported from Macao ;                         in Article 1 1 thereof, in such a way as to ensure the
                                                               expansion and orderly development of trade in textiles
Whereas, for certain textile products, the . '^ ivi-ment
provides for a consultation procedure enabling safe­           (') OJ No L 124, 8 . 6 . 1970 , p. 1 .
 ---pagebreak--- 22 . 1 . 77                        Official Journal of the European Communities                          No L 19 / 15
and to permit amounts to be carried over or brought          These quantitative limits may be modified according
forward from one year to another.                            to the procedure laid down by Regulation (EEC) No
                                                              1023/70, and in particular Article 11 thereof.
However, the allocation shall be made on the basis of
the import volumes admitted under the conditions             3.     Paragraphs 3, 4 and 5 of Article 1 shall apply to
currently applied in the Member States and shall             the quantitative limits referred to in this Article .
provide for annual rates of increase which are appreci­
ably higher for those Member States whose import
volumes are relatively the lowest, in such a way that                                Article 3
this allocation is gradually aligned with market supply
requirements.                                                 Imports into the Community of the textile products
                                                             referred to below, originating in Macao and accompa­
3 . The competent authorities of the Member States           nied by a certificate which is issued and endorsed by
concerned shall , within the quantitative limits pre­        the competent authorities of Macao and contains the
scribed, automatically authorize the import of the           details set out in Annex D, shall not be subject to
products referred to in paragraph 1 immediately upon         quantitative restrictions :
production by the importer of the original of the
export licence issued by the competent Macao authori­        (a) cotton handloom fabrics of the cottage industry,
ties and containing the details set out in Annex C.               containing not more than 5 % by weight of man­
                                                                  made fibres, being fabrics which are both tradition­
4. Authorized imports shall be charged against the                ally of the kind woven on handlooms and actually
quantitative limits valid for the period during which             woven on a loom for which the motive power is
the products were taken aboard within the territory of            provided entirely by the operators (that is where
Macao for export to the Community.                                the three primary movements of weaving, namely
5. Products which enter the Community's customs                   shedding, picking and beating, are induced by
territory under inward processing or other temporary              hand or foot and no other source of power is
importation arrangements and are re-exported there­               used) ;
from in their original state or after processing shall       (b) handmade goods made up by the cottage industry
not be charged against the quantitative limits referred           from such cotton handloom fabrics ;
to in paragraph 1 .                                          (c) jerseys and pullovers knitted by hand from wool
                                                                  yarns without use of a machine ;
                        Article 2
                                                             (d) traditional Macao folklore handicraft textile
1.     Save as otherwise provided in paragraphs 2 and             products cut, sewn , or otherwise fabricated by
3, imports into the Community of the textile products             hand in cottages which are units of the cottage
listed in Annex B and originating in Macao shall not              industry.
be subject to quantitative restrictions .
2.     In the Member States specified in Annex B,                                     Article 4
imports of the textile products referred to in para­
graph 1 and exported from Macao between 1 October            This Regulation shall enter into force on the third day
1975 and 31 December 1977 shall be subject to the             following its publication in the Official Journal of
quantitative limits given in that Annex .                     the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 18 January 1977 .
                                                                           For the Council
                                                                            The President
                                                                        Anthony CROSLAND
 ---pagebreak--- No L 19/ 16                     Official Journal of the European Communities                                              22 . 1 . 77
                                                      ANNEX A
                                    Quantitative limits referred to in Article 1
               CCT                                                                             Quantitative limits (1 000 items)
 Category    heading      NIMEXE code
    No          No           0*76)                             Description                     1 . 10 . 1975 to
                                                                                                                            1977
                                                                                                31 . 12 . 1976
     1    ex 61.01                         Men's and boys' outer garments :                        13 561                 11 980
                     61.01-61 ;       63 ; — Trousers ( including jeans), breeches
                     65 ; 67 ; ex 69           and the like, other than of silk or waste
                                               silk or of flax or ramie
              61.02                        Women's,       girls'   and      infants'    outer
                                           garments :
                                           ex B. Other than babies garments :
                     61.02-ex 91 ; ex              — Trousers         (including       jeans),
                     93 ; 93 ; ex 95 ;                 breeches     and    the  like , other
                     ex 96 ; ex 98 ; ex                than of silk or waste silk or of
                     99 ;                              flax or ramie
 ---pagebreak--- 22 . 1 . 77                              Official Journal of the European Communities                                        No L 19 / 17
                                                                     ANNEX B
                                             Quantitative limits referred to in Article 2
              CCT
                                                                                                              Quantitative limits
  Cate­                  NIMEXE code                                                 Member
             heading                                       Description                          Units
gory No        No            ( 1976)                                                  States              1975 / 76                 1977
     2      ex 60.04                     Undergarments,              knitted     or  France    Items                 (3 )      1 800 000 (3 )
                                         crocheted, not elastic or rubber­
                                         ized :
                     60.04-ex 11 ; 13 ;  — Shirts, undervests, T-shirts, sin­
                     ex 24 ; ex 29 ; ex       glets and the like, other than of
                     35 ; 41 ; ex 45 ;        silk or noil or other waste silk
                     ex 59 ; ex 70 ; ex       or of flax or ramie
                     80
     3      60.05                        Outer garments and other articles,         Benelux    Items     600 000 (')              513 600
                                         knitted or crocheted , not elastic or      France            2 200 000 (')             1 900 400
                                         rubberized :
                                         ex A. Outer garments and other
                                                  articles :
                     60.05-01 ; 22 ;              — Jerseys, pullovers, slip­
                     23 ; 24 ; 25 ; ex                overs,     twinsets,   cardi­
                     29 ; 31 ; 32 ; 33 ;              gans , bed-jackets and
                     34 ; ex 39 ;                     jumpers , other than of
                                                      silk or noil or other
                                                      waste silk or of flax or
                                                      ramie
   4           61.02                     Women's, girls' and infants' outer          France    Items   1 600 000 (1)            1 369 700
                                         garments :
                                         ex B. Other than babies' garments :
                      61.02-83 ; 85 ;             — Shirts and blouses, other
                      87 ; ex 89                       than of silk or noil or
                                                                                             \
                                                       other waste silk or of
                                                       flax or ramie
    5       ex 61.03                      Men s and boys' under garments,           Benelux    Items     400 000 (-')             342 500
                                          including collars, shirt fronts and       France            2 459 200 (-')            2 631 400
                                          cuffs :                                   United
                                                                                    Kingdom                         (3)         2 030 000 (3 )
                     61.03-1 1 ; 15 ;    — Shirts, other than of silk or noil
                     ex 19                    or other waste silk or of flax or
                                              ramie
   6       ex 61.03                      Men's and boys' under garments,             France    Items  2 014 000 (-)             2 1 55 000
                                         including collars, shirt fronts and
                                         cuffs :
                     61.03-ex 31 ;       — Pyjamas, other than of silk or
                     ex 35 ; ex 39            noil or other waste silk or of
                                              flax or ramie
 ---pagebreak---  No L 19 / 18                                                  Official Journal of the European Communities                                                                     22 . 1 . 77
                                                                                                                                                            Quantitative limits
                   CCT
    Cate­                              NIMEXE code                                                                   Member
                 heading                                                         Description                                          Units
 gory No            No                     ( 1976)                                                                    States                            1975 / 76                1977
      7            61.05                                        Handkerchiefs :                                     Benelux        1 000 kg              90.0 (')                 73.4
                                                                                                                    Italy                              273.3 C )                222.8
                                                                                                                    France                               83.3 (2 )                85.0
                                                               ex B. Other :
                                  61.05-30                              — Of cotton
       8            62.02                                      Bed linen , table linen , toilet linen              Italy           1 000 kg            320 0( 1                 273.9
                                                               and kitchen linen , curtains and
                                                               other furnishing articles :
                                                               ex B. Other than net curtains :
                                  62.02-11 ;          41 ;              — Of cotton
                                  43 ; 47 ; 71 ; 73 ;
                                  81
(') The quantitative restrictions established by this Regulation enter into effect on 1 October 1 97 S and the first quota period runs from I October 1975 to 31 December 1976.
(! ) The quantitative restrictions established by this Regulation enter into effect on I January 1976 and the first quota period is the year 1976 ,
(3 ) The quantitative restrictions established by this Regulation enter into effect on I October 1976 and the first quota period runs from I October 1976 to 31 December 1977.
 ---pagebreak--- 22. 1 . 77                            Official Journal of the European Communities                                  No L 19/ 19
                                                                 ANNEX C
                                                  Details referred to in Article 1 (3)
           The export licences issued by the competent Macao authorities (') for products covered by this Regu­
           lation shall specify or contain :
           1 . the designation , and in particular the Member State for which the goods are intended ;
           2. the serial number ;
           3 . the name and address of the importer ;
           4. the name and address of the exporter ;
           5 . the net quantity in the units specified in Annexes A and B to this Regulation , and the value of the
               products covered by the licence ;
           6 . the category against which the products have been charged by the competent Macao authorities
               and the description of the products ;
           7 . a declaration to the effect that the quantity in question has been charged against the Member
               State of destination's share of the agreed ceiling for exports to the Community, or, where appro­
               priate , that the quantity is intended for immediate re-export from the Community or for re-export
               from the Community after processing ;
           8 . the year during which the products were exported, that is when they were taken aboard within the
               territory of Macao for export to the Community.
           (') Renammo Provincial de Servilo?, de Economia de Macao.
 ---pagebreak--- No L 19/20                                  Official Journal of the European Communities                                 22. 1 . 77
                                                                         ANNEX D
                                                       Certificate referred to in Article 3
           The certificate issued by the competent Macao authorities (') for the products referred to in Article 3
           of this Regulation shall contain :
           1 . the following heading (2) :
                 'Certificate in respect of cottage industry textile products referred to in Article 6 of the Agreement
                  between the EEC and Macao on trade in textile products' ;
           2. name and address of the manufacturer ;
           3. name and address of the exporter ;
           4. name and address of the importer within the Community ;
           5. description of goods ;
           6. quantity {in tonnes or items) ;
           7. name of vessel or flight number ;
           8 . port or airport of destination ;
           9. the following declaration (3) :
                  'This is to certify that the above shipment consists of :
                  — cotton handloom fabrics (as defined in Article 6 of the Agreement) containing not more than
                      5 % by weight of man-made fibres,
                  — handmade goods made up by the cottage industry from cotton handloom fabrics (as defined in
                      Article 6 of the Agreement),
                  — jerseys and pullovers knitted by hand from wool yarns without use of a machine,
                  — traditional Macao folklore handicraft textile products cut, sewn or otherwise fabricated by hand
                      in cottages which are units of the cottage industry.
                                                                                                             Signed    '
           (') Reparti<;ào Provincial de Services de Fconomia de Macao .
           (-) The products referred to are those set out in Article ? of this Regulation .
           ( 3 ) The definition referred to in the first two indents is that set out in Article 1 of this Regulation .