CELEX: 51976PC0181
Language: en
Date: 1976-04-28
Title: Proposal for a COUNCIL REGULATION concerning import arrangements for certain textile products originating in the Republic of Korea (submitted to the Council by the Commission)

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DOCUMENTS "COM"
COM (76) 181
Vol. 1976/0057
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM(76 ) 181 final .
                                           Brussels . 28 April 1976
                         I
                              Proposal for a
                            COUNCIL REGULATION
     concerning import arrangements for certain textile products
                  originating in the Republic of Korea
               ( submitted to the Council "by the Commission)
181 final
 ---pagebreak---                         EXPLANATORY MEIIORA^ITM
 1.   % a decision of 11 February 1975 the Council authorized the Commission to
 open negotiations with the Republic of Korea for the conclusion of an agreement
on trade in textile products .
2.    In accordance with the above Council decision and in consultation with the
Article 113 Committee , the Commission conducted negotiations with Korea in the
months of April , May , July , August and November 1975 *
As a result of those negotiations , a draft agreement was drawn up and initialled
by the Heads of the Delegations on 28 November 1975 . The Commission has recently
placed before ths Council a recommendation for a regulation concluding the
agreement .
J.-. The draft agreement provides in particular for voluntary restraint by the
Korean authorities , within the quantitative limits agreed , of exports of certain
textile products to the Community , and for checks by the Community that the
agreed limits are observed .
For the purpose of such checks , this proposal for a regulation deals with the
introduction of arrangements subjecting imports into the Community of the products
in question to quantitative limits .
4 . Oiiviously the agreement initialled is concerned only with products originating
in and coming from Korea . The Korean authorities are therefore applying voluntary
restraint only to direct exports to the Community . Products in the categories
covered by the agreement , originating in Korea , may accordingly be exported freely
to the Community via other non–member countries . The Community can appose such
indirect exports since under the agreement it is obliged only to admit products
originating in and coming from Korea and accompanied by the export licences
specified by the agreement » Since such indirect exports run counter to the
objective of the agreement , it is essential that the import arrangements introduced
by the Community be applied to products originating in Korea no matter which
country they come from .
5 » It is proposed that the Community quantitative limits be administered in
accordance with the procedure for administering Community quantitative quotas laid
down by Regulation (EEC ) No 1023/70 , in particular Article 11 thereof . Under this
procedure the Council must establish the criteria for the allocation of the
quantitative limits .
 ---pagebreak--- The allocation criteria referred, to are those which have guided the preparatory
work in the Council for the adoption of the decision concerning the opening of
"bilateral negotiations in the context of the Arrangement regarding International
Trade in Textiles . The allocation^ will thus be based on those criteria and in
particular on the results of the work already done .
6 . The agreement negotiated provides that imports covered by a ceiling shall be
accepted automatically and without delay by the Community authorities upon
presentation of an export licence issued by the Korean authorities certifying
that the quantities have been set off against the ceilings .     As regards
administration by the Community , this stipulation means that the authorities of
the Member States are obliged, to grant import authorizations automatically and
without delay upon presentation of an application accompanied, by an export licence ,
provided that the agreed limits are observed .
7 . The agreement negotiated will replace various quantitative restrictions applied
at national or Community level , including certain autonomous safeguard measures
                                   2
adopted by "the Community in 1975 •    ln view of the fact that those measures
expired on 31 December 1975 "the Commission considered it necessary , in order to
safeguard the objectives of the agreement and to forestall the danger of imports
rising to excessive levels following the expiry of the measures in question , to
adopt provisional arrangements to enter into force from 1 January 1976 subjecting
imports of the products covered by the agreement to a licensing procedure .          These
arrangements were extended "fcry a Council Regulation^ pending the introduction of
the definitive arrangements which are the subject of this proposal for a
regulation .
In order to enable the objectives of the agreement to be fully attained as soon
as possible , the Commission proposes that the Council adopt as speedily as
possible the draft regulation annexed hereto .
  This allocation will be the subject of a regulation to be adopted by the Commission ,
also on the basis of Regulation ( EEC ) No IO23/70 .
2
  Commission Regulation ( EEC ) ¥0 2133/75 of 14 August 1975 ; OJ No L 217 , 15.8.1975 .
  Council Regulation (EEC ) No  2148/75 of 27 September 1975 ; OJ No L 248 , 24-9.1975 .
  Council Regulation ( EEC ) NO I686/75 of 30 June 1975 ; OJ No L 171 , 2.7.I975 .
  Commission Regulation (EEC )  NO I522/75 of 13 June 1975 ; OJ No L 154 , 14.6.1975 .
  Council Regulation ( EEC ) No I84/75 of 22 July 1975 ; OJ No L 191 , 24 . 7.1975 »
  Commission Regulation ( EEC ) No 3351/75 of 22 December 1975 ;  OJ No L 330 , 24.12.1975-
^Council Regulation (EEC) No 277/76 of 9 February 1976 ? OJ No L 36 , 11.2.1976 .
 ---pagebreak---                            PROPOSAL FOR A
                         COUNCIL  REGULATION
      concerning import arrangements for certain textile products
      originating in the Republic of Korea
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Artiole 113 - thereof ,
Having regard to the proposal from the Commission t
Whereas , within the framework of the Arrangement on International Trade in
Textiles , the European Economic Community and the Republic of Korea have negotiated
an Agreement on trade in textile products ;   whereas the Commission has
submitted to the Council a recommendation for a Regulation concluding that
Agreement j
Whereas , for the purpose of applying the Agreement which has been negotiated ,
 import arrangements for the products in question should be adopted and put
 into force immediately }
Whereas the Agreement requires the Community to admit imports of oertain textile
 products within quantitative limits , the observance of which will be guaranteed
by an agreed system of bilateral checking}
 Whereas the provisions valid in the Community for 1976 s^d 1977 8^*1
 criteria for the allocation of the quantitative limits agreed with Korea should
 therefore be fixed }
 ---pagebreak---                               - 2 -
Whereas , "because of the considerable differences between the conditions now
governing imports of the products concerned into the Member States and also .
because the particular sensitivity of the Community 's textile industry ,
standardisation of these import conditions can only be achieved gradually;
whereas the criterion to be adopted for the allocation of the Community
quantitative limits should therefore be the gradual adoptation to the supply
requirements of the market of those amounts admitted under current import
condition be adapted progressively ;
Whereas , for certain other textile products , the Agreement makes provision for
a consultation procedure permitting the adoption of safeguard measures in the
event of a real risk of market disruption; whereas under this procedure Korea
has undertaken to introduce voluntary restraint on its exports to certain
Member States ; whereas the Agreement provides that the observance of these
quantitative limits will be ensured by the agreed system of bilateral checking;
Whereas such quantitative limits should therefore be fixed for 1976 and 1977i ..
together with detailed rules for their administration by the Member States ;
Whereas imports should be set off against the quantitative limits fixed for the
year     in. which the goods were exported from Korea;
Whereas those products which enter the Community's customs territory under ^
inward processing or temporary admission arrangements and are re-exported there-
from in the same state or after processing should not be set off against         ■/
the abovementioned quantitative limits *
HAS ADOPTED THIS REGULATION:
 ---pagebreak---                              Article  1
  1 . During 1976 and 1977 imports into the Community of the textile products
  listed in Annex A and originating in the Republic of Korea shall "be subject to
  the quantitative limits agreed for the Community with the Republic of Korea which
  are set out in the said Annex.
  2. These quantitative limits shall be allocated among the Member States in      ,
  accordance with the procedure laid down in Council Regulation (EEC ) No 1023/70
  of 25 May 1970 establishing a common procedure for administering quantitative
 quotas , 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 .
 Nevertheless , the allocation shall be 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 that are appreciably higher for those
 Member States whose import volumes are relatively the lowest , in order to align
 them gradually to the supply requirements of the market .
 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 a certified copy of an export licence granted by the authorities of the
Republic of Korea containing the details set out in Annex 0 .
4 * Authorized imports shall be set off against the quantitative limits valid
for the year during which the products were loaded on board ship in Korea for
export .
5 * Products which enter the Community 's oustoms territory under inward proces­
sing or other temporary admission arrangements and are reexported • there-
from        in -the same state or after processing shall not be set off against
the limits referred to in paragraph 1 *
  0J- No L 124 , 8.6.1970, p.l .
 ---pagebreak---                               - 4 -
                            Article   2
1 . Subject to paragraphs 2 , 3 and 4 , imports into the Community
of the textile products originating in the Republic of Korea which are listed
in Annex B shall not be subject to quantitative restrictions .
2. In the Member States listed in Annex B, imports of the textile products
referred to in paragraph 1 shall be subject # during 1976 and 1977 , to the
quantitative limits set out in that Annex.
3 . The quantitative limits referred to in paragraph 2 may be adjusted in
accordance with the procedure laid down in Regulation (EEC) No 1023/70, and in
particular in Article 11 thereof .
4 » Artiole l(3 )» (4) and ( 5) shall apply to the quantitative limits referred
to in this Article .
                                Article 3
Council Regulation (EEC ) No 277/76 of 9 February 1976 maintaining in effect
the interim measures adopted with regard to imports of certain textile products
originating in the Republio of Korea is hereby repealed .
                                Article 4
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable
in all Member States *
Done at Brussels ,
                                                      For the Council         4
 ---pagebreak---                                                                  ANNEX A
                                            Quant it at ive limits referred to in Article 1
Cate­         CCT                                                                                          Quantitative limits
gory        heading               Nimexe code                        Description                 Uni ta
              No                       ( 1975 )                                                         !      1976        1977
  n°
                                                                                                         i
                                                                                                                      i 1
 1           55.09                                        Other woven fabrics of cotton        1 000 kg      8 997        9 627
             56.07                                        Woven fabrics of man-made fibres
                                                          (discontinuous or waste ).
                                                          A. Qf synthetic textile fibres
1 A       ex 55.09                                        Other woven fabrics of cotton        1 000 kg      1 008        1 079
(a )                    55.09-03;04;05;5l                 – other than unbleached and bleached
                        52 ; 53 ; 54 ; 55 » 56 ; 57
                        59 ; 61 ; 63 ; 64 ; 65 ; 66
                        67 ; 69 ; ex 71;8l;82
                        83 ; 84 ; 86 ; 87 ; 92 ; 93
                        97
             56.07                                        Woven fabrics of man-made fibres
                                                          (discontinuous or waste ):
                                                          ex A. 0f synthetic textile fibres :
                        56.07-ex 01 ; ex 03 ;                   – Other than unbleached and
                        05;07;08;13;14;16 ;                       bleached
                        18 ; 21 ; 23 ; 26 ; 27 ; 28 ;
                        33 ; 34 ; 36
(a ) The quotas established for productions in category 1A are sub-quotas of the quotas established for products
     in category 1 .
 ---pagebreak---                                                                                                                  ANNEX A
                                    Quantitative limits referred to in Article 1
Cate-           CCT                                                                                                 Quantitative limits
gory          heading         NIMEXE code                   Description                        Unit s
  n#            No               ( 1975 )                                                                             1976      1977
 2            56.05                                Yarn of man–made fibres ( discontinuous     1 000 kg             5 544       5 877
                                                   or waste ), not put up for retail sale :
                                                   ex A : Of synthetic textile fibres
                         56.05-12 to 37            – containing 85% or more by weight of
                                                     synthetic textile fibres
 3        ex 60.04                                 Undergarments , knitted or crocheted , not  1 000                9 300      10 044
                                                   elastic or rubberized :                     units
                         60.04-ex 11 ; 13 »        – Shirts , undervests , T-shirts , singlets   00
                         ex 24;ex 29;ex 35 ;         and the like
                         41 ; ex 45 ; ex 59 ;
                         ex 70 ; ex 80
 4        ex 60.05                                 Outer garments and other articles ,         1 000               26 300      27 090
                                                   knitted or crocheted , not elastic          items
                                                   or rubberized :
                                                   ex A. Outer garments and clothing
                                                          accessories
                         60.05-01 ;                       - Jerseys , pullovers , slipovers ,
                         ( 21 to 39 )                       twinsets , cardigans , bed
                                                            jackets and jumpers
(b ) Shirts , undervests and T–shirts are regarded as a unit each ;       singlets are regarded as half a unit .
 ---pagebreak---                                                                                                               ANTTEX A
                                         Quantitative limits referred to in Article 1
                                                                                                           i
 Cate­         CCT              NIMEXE code                                                                  Quantitative limits
 gory         heading               ( 1975 )                      Description                    Unit s    l
               No
      n°                                                                                                        1976   |  1977
     5      ex 61.01                                 Men 's and "boys' outer garments :       1 000 items       4 151     4 317
          I
                            61.01-ex 11 j            – Raincoats of the overcoat type
                                   – ex (41 to 49
               61.02                                 Women 's girls' and infants' outer
                                                     garments :
                                                     ex B. Other than babies' garments :
                            61.02-ex 11 ; ex 41 »    – Raincoats of the overcoat type
                            ex 43 ; 45 » 47
                                                                                            I
     6      ex 61.01                                 Men 's and boys * outer garments :       1 000 pairs      4 000      4 240
                            61.01-ex( 31 to 39 )     - Trousers , breeches and the like
                                 –ex(21 to 29 )
                61.02                   61 to 69     Women 's , girls' and infants' outer
                                                     garments :
                                                     ex B. Other than babies * garments :
                            61.02-ex21,ex23                 – Trousers , jeans , shorts and
                                 -ex32,ex35 »                  the like except divided
                                          ex38                 skirts
                                 –ex(91 to 99 )
     7      ex 61.01                                 Men 's and boys' outer garments :        1 000 unit s      5 280     5 755
                            61.01-51 to 59           - Suits                                      (c)
                                      - 71 to 79     - Jackets , blazers and the like
( c ) One suit shall be regarded as two unitB
 ---pagebreak---                                                                                                        ANNEX A
                  Quantitative limits referred to in Article 1
Cate­    CCT     NIMEXE code                                                                 Quantitative limits
gory   heading     ( 1975 )                        Description                      imita
         No                                                                                    1976        1977
 8       61.02                   Women 's girls * and infants * outer garments : 1 000 items   7 000       7 420
                                 ex B. Other than "babies' garments :
               61.02-81 to 89           – Shirts and blouses
 9    ex 61.03                   Men 's and boys * under garments , including    1 000 items  31 000      31 775
                                 collars , shirt fronts and cuffs :
               61.03-, 11 to 19  – Shirts
 ---pagebreak---                                                                                                                    ANNEX B
                                             Quantitative limits referred to in Article 2
Cate–      CCT        NIMEXE code                                                                          Quantität:. ve limits
                         ( 1975 )                                                         Member  Unit s
gory
 N°
         heading
            No
                                                       Description                        State             1976     I     1977
 10        51.04                     Woven fabrics of man-made fibres ( continuous ),     Bénélux 1 000 kg    350            374
                                     including woven fabrics of monofil or strip of       United  1 000 m  14 000         14 980
                                     heading No 51*01 or 51*02                            Kingdom
                                     ex A. Woven fabrics of man-made fibres
 11     ex 60.02                     Gloves , mittens and mitts , knitted or crocheted ,  France  1 000     2 750          2 819
                                     not elastic or rubberized :                                  pairs
                    60.02-40         – Gloves impregnated or coated with artificial
                                       plastic materials
                                     – Other :
                    60.02-60           - Of synthetic textile fibres
 12     ex 60.03                     Stockings , under stockings , socks , ankle–socks ,  Bénélux 1 000    12 000         12 300
                                     sockettes and the like , knitted or crocheted ,      Germany pairs
                                     not elastic nor rubberized                           France            1 500          1 605
                                     – Of synthetic textile fibres :                      Denmark            175             187
                     60.03-25 : 27     – Other than women 's stockings
 13     ex 60.05 ]                   Outer garments and other articles , knitted or
                                     crocheted , not elastic nor rubberized :
                                                                                          United
                                                                                          Kingdom
                                                                                                  1 000 kg    300            321
                 I
                  I
                                     ex A. Outer garments and clothing accessories :
                    60.05-02 to 19 – Other than jerseys , pullovers , slipovers ,
                        ; - 41 to 8s   twinsets . cardigans , bed- jackets and jumpers
 14 i 1
        ex 61.04
                    61.04-10
                                     Women 's girls * and infants' under garments :
                                     – Of synthetic textile fibres
                                                                                          Ireland 1 000
                                                                                                  items
                                                                                                               60             64
                  I
 ---pagebreak---                                                              AMEX C
                       Details referred to in Artiole 1(3 )
The export licences issued by the authorities of the Republic of Korea
in respect of the products subject to restraint under this Regulation
shall specify or state :
1.   destination ; and in particular the Member State
2.   sériai number ;
3»   importer® s name  and address ;
4*   exporter * s name and address ;
5*   quantity in the   units as designated in Annexes A and B to this
     Regulation and ,  where the quantity is expressed other than in weight ,
     the equivalent weight calculated in accordance with the table of
     equivalences set out hereunder;
6.   category to which it has been debited by the Korean authorities and
    description of product ;
7.   certification of the Republic of Korea that the quantity has been
     debited against the agreed ceiling for exports to the Community or ,
     where appropriate , is for immediate re-export or is for processing
     and subsequent re-export outside the Community;
8.   year during which the products were exported, that is , were placed
     on board in Korea for export *
 ---pagebreak---                                                                   ANNEX C
                          Table of equivalences
             Brus se la                                               Ratio
Category      Tariff              Description                          of
   No      Nomenclature                                            equivalency
             heading
   3         ex 60.04   – Shirts , undervests and T-shirts ,      6.4 units/kg
                          knitted or crocheted
                        - Singlets , knitted or crocheted        12.8 units/kg
   4         ex 60.05   Jerseys , pullovers, slipovers ,          5.18 items/kg
                        twinsets , cardigans , bed-jackets
                        and jumpers , knitted or
                        crocheted
   5         ex 61.01   Raincoats of the overcoat type            1.29 items/kg
             ex 61.02
   6         ex 61.01   Men * s , "boys *, women 's , girls' and  2.47 items/kg
             ex 61.02   infants' trousers , jeans , breeches ,
                        shorts and the like
   7         ex 61.01   - Men 's and "boys' jackets , blazers     1.40 items/kg
                          and the like
                        – Men 's and boys * suits                 0.70 units /kg
   8         ex 61.02   Women 's , girls' and infants * shirts    5.55 items/kg
                        and blouses
         I
   9         ex 61.03   Hen*s and boys * shirts                   4*60 items/kg
  10         ex 60.02   Gloves                                   11.5 pairs/kg