CELEX: 31976R3054
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3054/76 of 9 December 1976 opening, allocating and providing for the administration of Community tariff quotas for certain textile products falling within heading Nos 55.05 and 55.09 and subheading ex 58.01 A of the Common Customs Tariff, coming from Turkey (1977)

No L 350/106                         Official Journal of the European Communities                           20. 12. 76
                                     COUNCIL REGULATION (EEC) No 3054/76
                                                  of 9 December 1976
              opening, allocating, and providing for the administration of Community tariff quotas
              for certain textile products falling within heading Nos 55.05 and 55.09 and subheading
                       ex 58.01 A of the Common Customs Tariff, coming from Turkey (1977)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       — for woven fabrics of cotton :
                                                                    1 000 metric tons to the Community as originally
                                                                    constituted,
Having regard to che Treaty establishing the
European Economic Community, and in particular                      20 metric tons to Denmark, 10 metric tons to
Article 113 thereof,                                                Ireland and 360 metric tons to the United
                                                                    Kingdom ;
 Having regard to the proposal from the Commission,             Whereas, moreover, it appears desirable to provide
                                                                for a provisional adjustment of the tariff advantages
                                                                for these goods :
Whereas, pending the entry into force of the Sup­
plementary Protocol signed in Ankara on 30 June                 — for the Community as originally constituted by
1973 containing the adjustments to be made to the                   a total suspension of the customs duties of the
Agreement establishing an Association between the                   Common Customs Tariff, and an increase in the
European Economic Community and Turkey and to                       volumes of the quotas allocated to these Member
the Additional Protocol (*) consequent on the                       States,
accession of new Member States, the Community
has undertaken, in an Interim Agreement (2) which              — for the new Member States, by a total suspension
runs only for the period prior to the entry into                    of the duties applicable within the limits of the
force of this Supplementary Protocol which is                       quotas fixed above, increased in the same
applicable until 31 December 1974 but which has                     proportions ;
been extended for 1977 in accordance with the terms
laid down in Article 13 thereof, to implement certain          Whereas the volumes of the quotas to be opened
provisions of the Suppilementary Protocol relating              for 1977 are therefore 1 026 metric tons for cotton
to trade in goods ; whereas, under Article 6 of this            yarn and 2 415 metric tons for other woven fabrics
Interim Agreement amending Article 1 of Annex 2 to              of cotton;
the Additional Protocol, the Community must reduce
by 75% the customs duties on imports from Turkey                Whereas pursuant to Article 1 of Annex 2 to the
of certain textile products falling within heading             Additional Protocol together with Article 2 of the
Nos 55.05 and 55.09 of the Common Customs Tariff,               Interim Agreement, for the duration of 1977 in
within the limit of annual Community tariff quotas             particular, tihe Community must partially reduce the
of 390 metric tons for cotton yarn and 1 390 metric            duties applicable in respect of third countries to
tons for woven fabrics of cotton ; whereas the                  carpets, carpeting and rugs, knotted (made up or
abovementioned Article 6 allocates these Community              not) of wool or of fine animal hair (excluding hand­
tariff quotas as follows :                                     made carpets, carpeting and rugs) imported from
                                                               Turkey; whereas it also appears advisable to improve
— for cotton yarn:                                             this tariff advantage provisionally by means of a
                                                               total suspension of the duties applicable to the
    300 metric tons to the Community as originally             products in question within a Community tariff
    constituted,                                                quota fixed at a provisional level of 185 metric tons
                                                               for 1977 and allocated in accordance with the same
    40 metric tons to Denmark, 10 metric tons to
    Ireland and 40 metric tons to the United King­              percentages as those adopted for 1976;
    dom,
                                                               Whereas, in order to comply with the special
                                                               provisions of the Interim Agreement, different
                                                               systems should be provided for the Member States of
(») OJ No L 293, 29. 12. 1972, p. 4.                           the Community as originally constituted and for the
(*) OJ No L 277, 3. 10. 1973, p. 2.                            new Member States ;
 ---pagebreak--- 20. 12. 76                          Official Journal of the European Communities                               No L 350/107
Whereas, as regards the Community as originally                      concerned, such allocation shall be in proportion
constituted :                                                        to the needs of the Member States, assessed by
                                                                     reference both to the statistics of each State's
                                                                     imports from Turkey over a representative
— it is necessary to guarantee to all Community                      period and to the economic outlook for the quota
    importers equal and uninterrupted access to the                  period concerned ; whereas, in spite of the limited
    abovementioned quotas and uninterrupted                          need for imports from Turkey of the products
    application of the rate laid down for those quotas               concerned, as shown by the statistics for the
    to all imports of the product concerned into all                 majority of the Member States the Community
    Member States until the quota has been used up,                  character of the tariff quotas concerned should
                                                                     be safeguarded by making provisions to cover
                                                                     needs which might arise in these Member States;
— in the light of the principles mentioned above, the
    Community nature of the quotas can best be
    respected by allocating the Community tariff
    quotas among the Member States ; whereas, in                     imports into the various Member States from
    order to reflect most accurately the actual                      Turkey were as follows during the last three years
    development of the market in the product                         for which complete statistics are available:
                                                        1973                  1974                  1975
                                              metric tons      %    metric tons      %   metric tons      %
               Cotton yarn
               Germany                         10 734        42-56    6 333        29-01 14 196          51-63
               Benelux                          6 795        26-95    7 000        32-07  4 255          15-48
               France                              162        0-64    1 806         8-27   1 044          3-80
               Italy                            1 Sil        29-85    6 690        30-65  7 998-6        29-09
               Other woven fabrics of
               cotton :
               Germany                             877       30-62       456       24-52      151        10-50
               Benelux                             953       33-27     1 000       53-76     948         65-91
               France                              412       14-39       194       10-43       95         6-61
               Italy                               622       21-72       210       11-29    244-2        16-98
     in view of these figures and foreseeable market               — in order to take into account the uncertainty of
     trends for the products concerned during 1977,                   the import trends for the products concerned in
     the initial shares may be fixed approximately at                 the Member States, the quota volumes should be
     the following percentages :                                      divided into two instalments, the first instalment
                                                                      being allocated to the Member States and tihe
                                          other woven                 second held as a reserve intended ultimately to
                        cotton yarn    fabrics of cotton              cover the requirements of those Member States
                                                                      which have used up their initial shares ; whereas,
         Germany            44-7               23-1                   in order to ensure a certain degree of security
         Benelux            20-0               30-8                   to importers, the first instalment should be
                             5-3               34-6
                                                                      determined at a relatively high level, which, under
         France
                                                                      present circumstances, may be about 73% of each
         Italy              30-0               11-5                   quota volume,
 ---pagebreak--- No L 350/ 108                       Official Journal of the European Communities                                 20. 12. 76
— the initial quota shares of the Member States                        concerning the administration of the quota shares
   may be used up at different times ; whereas, in                     allocated to that economic union may be carried
   order to take this fact into account and avoid                      out by any of its members ;
   any break in continuity, it is important that any
   Member State having used up almost the whole                    Whereas as regards the new Member States in
   of one of its initial quota shares sihould draw                 particular:
   an additional quota share from the corresponding
   reserve ; whereas, this must be done by each                    — the quota volumes to be allocated to those new
   Member State as and when each of its additional                     Member States under Article 6 of the Interim
   quota shares is almost entirely used up, and                        Agreement as well as the duties to be applied in
   repeated as many times as each of the reserves                      chose Member States for the purposes of these
   allows ; whereas each of the initial and additional                 quotas determined in accordance with Article 2
   quota shares must be available for use until the                    of the said Agreement, must be adjusted as set
   end of the quota period ; whereas this method                       out above,
   of administration calls for close co-operation                  — equal and uninterrupted access to the quotas
   between Member States and the Commission,                           should be ensured to all importers and the duties
   which must, in particular, be able to observe the                   should be applied without interruption to all
   extent to which the quota amount is used and                        imports of the products concerned until the
   inform Member States thereof,                                       quotas have been used up,
— if, at a specified date in the quota period, a
   considerable balance remains in one or other
   Member State it is essential that that Member
   State pays a percentage of it back into the                     HAS ADOPTED THIS REGULATION :
   corresponding reserve, in order to prevent a part
   of one or other of the Community quotas from
   remaining unused in one Member State when it                                           Article 1
    could be used in others,
— since the Kingdom of Belgium, the Kingdom of                     1 . From 1 January until 31 December 1977, Com­
   the Netherlands and the Grand Duchy of                          munity tariff quotas shall be opened for the
   Luxembourg are united in and represented by                     following products coming from Turkey as shown
   the Benelux Economic Union, any measure                         below :
                  CCT                                                                                 Quota
                heading                                  Description                               (metric tons)
                   No
                 55.05        Cotton yarn, not put up for retail sale                                 1 026
                 55.09         Other woven fabrics of cotton                                          2 415
                 58.01        Carpets, carpeting and rugs (made up or not) :
                              ex A. Of wool or of fine animal hair excluding handmade
                                     carpets, carpeting and rugs                                         185
2. The quotas shall ibe allocated and administered in              suspended within the limit of 870 metric tons for
accordance with the following provisions.                          cotton yarn not put up for retail sale, 1 737 metric
                                                                   tons for other woven fabrics of cotton, and 128
                                                                   metric tons for carpets made of wool or fine animal
                       SECTION I                                   hair.
Provisions relating to the Community as originally
                       constituted
                                                                                           Article 3
                        Article 2
Within the . quota referred to in Article 1 , the                  1 . The quotas referred to in Article 2 shall be
Common Customs Tariff duties shall be totally                      divided into two instalments .
 ---pagebreak--- 20. 12. 76                            Official Journal of the European Communities                        No L 350/ 109
2. The first instalment of each of these quotas shall                                     Article S
be shared among the Member States ; the shares,
which subject to Article 6 shall be valid until                  Each of the additional shares drawn pursuant to
31 December 1977, shall be as follows:                           Article 4 shall be valid until 31 December 1977 .
                                                (in metric ton(s
                                                                                          Article 6
                                    CCT heading No
                                                                 The Member States shall return to the reserve, not
                              55.05      55.09      ex 58.01 A   later than 1 October 1977, the unused portion of
                                                                 their initial share which, on 15 September 1977, is
Germany                        2S4         293          36
                                                                 in excess of 20% of the initial amount. They may
Benelux                        128         391          14       return a greater portion if there are grounds for
                                                                 believing that such portion may not be used in full .
France                          34         439          26
Italy                          190         146          18       Member States shall, not later than 1 October 1977,
                                                                 notify the Commission of the total imports of the
                               636       1 269          94       products concerned effected under the Community
                                                                 quotas up to and including 15 September 1977 and,
                                                                 where appropriate, the proportion of each of their
                                                                  initial shares that they are returning to each of the
The second instalment of each quota, amounting to                 reserves .
234, 468 and 34 metric tons respectively, shall
constitute the corresponding reserve. ,
                                                                                          Article 7
                         Article 4                                The Commission shall keep account of the shares
                                                                  opened by Member States in accordance with Article
                                                                  3 and 4 and shall inform each of them of the extent
1 . If 90% or more of one of any Member State's
initial shares, as (laid down in Article 3 (2) or 90%             to which the reserves have been used as soon as it
of that share less the amount returned into the                   receives the notifications .
corresponding reserve, where Article 6 has been
applied, has been used up, that Member State shall                It shall, not later than 5 October 1977, notify the
without delay, by notifying the Commission, draw                  Member States of the state of each of the reserves
 a second share in the quota equal to 15% of its                  after the return of shares pursuant to Article 6.
initial sihare, rounded up to the next unit where
appropriate, to the extent that the amount in the                 It shall ensure chat any drawing which uses up a
 reserve allows .                                                 reserve is limited to the balance available and, for
                                                                  this purpose, shall specify the amount thereof to
 2. If, after one or other of its initial shares has              the Member State which makes the final drawing.
been used up, 90% or more of the second share
drawn by one of the Member States has been used
                                                                                          Article 8
 up, that Member State shall, in the manner provided
 for in paragraph 1 , draw a third share equal to                 Member States shall take all measures necessary to
 7-5% of its initial share.
                                                                  ensure that, when additional shares are drawn
                                                                  pursuant to Article 4, it is possible for imports to
 3 . If, after one or other of its second shares has              be counted without interruption against their
 been used up, 90% or more of the third share drawn                accumulated shares of the Community tariff quotas.
 by a Member State has been used up, the latter shall,
 in the same manner, draw a fourth share equal to
 the third .
                                                                                         SECTION II
 This procedure shall be followed until the reserve
 has been exhausted.
                                                                       Provisions applicable to the new Member States
 4. Notwithstanding paragraphs 1, 2 and 3 , Member
 States may draw smaller shares than those fixed in                                        Article 9
 those paragraphs if there is reason to believe that
 those shares might not be used up. They shall inform              1. Within the tariff quotas referred to in Article 1 ,
 the Commission of their reasons for applying this                the following shares shall be allocated to the new
 paragraph.                                                        Member States :
 ---pagebreak--- No L 350/110                        Official Journal of the European Communities                            20. 12. 76
                                               (in metric tons) 2. Memlber States shall count imports oif the prod­
                                                                ucts concerned against their shares as and when such
                                   CCT heading No               products are presented for customs clearance under
                                                                cover of a declaration that they have been made
                             55.05      55.09     ex 58.01 A
                                                                available for consumption.
Denmark                        69         35          14
Ireland                        18         18            2       3 . The extent to which the Member States' shares
United Kingdom                 69        625          41        have been used up shall be established on the basis
                                                                of imports counted in accordance with paragraph 2.
                              156        678          57
                                                                                         Article 11
2. Within the limits of these quotas, the new
Member States shall apply zero duties for the textile           On receipt of a request from the Commission,
products concerned.                                             Memlber States shall inform it of imports of the prod­
                                                                ucts concerned actually charged against their shares.
                       SECTION III
                                                                                         Article 12
                    General provisions                          The Member States          and   the Commission   shall
                                                                cooperate closely in order to ensure tihat this
                                                                Regulation is observed.
                        Article 10
 1. Memlber States shalll take all measures necessary                                    Article 13
to ensure for importers of the products concerned
established in their territory free access to the shares        This Regulation shall enter into force on 1 January
 allocated to them.                                             1977.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 9 December 1976.
                                                                                 For the Council
                                                                                   The President
                                                                                 P. J. J. MERTENS