CELEX: 51980PC0723
Language: en
Date: 1980-11-21
Title: Proposal for a COUNCIL REGULATION (EEC) 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 (1981) (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 723
Vol. 1980/0228
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(80)723 final
                                                  Brussels . 21 November 1980
                               Proposal for a
                           COUNCIL REGULATION ( EEC )
        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 ( 1981 )
                    ( presented by the Commission to the Council )
                                                       il     S-'
                                       1^3                    &
C0MC80 ) 723 final
 ---pagebreak---                                                         +2-3 h
                               EXPLANATORY MEMORANDUM
 1 . As a result of negotiations with Turkey on the adjustments to be made
      to the Association Agreement between that country and the Community and
      the Additional Protocol , to take account of new Member States , the
      Community signed in Ankara on 30 June 1973 a Supplementary Protocol which
      enter into force once it has been ratified .
      In the meantime , the Community has concluded an Interim Agreement which
      in theory runs only for the period prior to the entry in force of this
      Supplementary Protocol in order to implement , from 1 January 1974 , cer­
     tain provisions of that Protocol relating to trade in goods .
     At the moment it is not possible to know if the tariff measures laid
     down by these Agreements in Turkey 's favour , should be given for 1981
     on the basis of the Supplementary Protocol or the Interim Agreement .
                   /                                             _
     The provisions of the annexed Regulations "are based on the Interim
     Agreement and should thus be modified if the Supplementary Protocol
     enters into force on 1 January 1981 at the latest .
2 . In the abovementioned Supplementary Protocol and Interim Agreement ,
     provision is made in particular in respect of textile products for
     the opening of the following annual Community tariff quotas , subject
     to the conditions laid down for each product :
     CCT heading                                   Annual tariff        Quota
                             Description
          No                                          quota             duty
     55.05           Cotton yarn , not put up for   390 tonnes        75 % re­
                     retail sale                                      duction
     55.09           Other woven fabrics of cot­    1 390 tonnes      75 % re­
                     ton                                              duction
                          «
 ---pagebreak---                                      - 2 -
    They also determine for these products the allocation among the Member
                                      A
    States of the annual tariff quotas for textile products . This allocation
    is as follows :
    Cotton yarn ( heading No 55.05 )
    Community as originally constituted                       300 tonnes
    Denmark                                                    40 tonnes
    Ireland                                                    10 tonnes
    United Kingdom                                             40 tonnes
    Other woven fabrics of cotton ( heading No 55.09 )
    Community as originally constituted                     1 000 tonnes
    Denmark                            „ ,    \                20 tonnes
    Ireland                                                    10 tonnes
    United Kingdom                                            360 tonnes
3 . While article 14 of the Supplementary Protocol fixes such an allocation
    for a period ending at 1 July 1977 , the Interim Agreement fixes no
    limit to this special allocation , while could be due to the initially
    Limited period of validity of the Interim Agreement applying in
    anticipated application some of the provisions of the Supplementary
    Protocol .
    The end of the transitional period fixed by the Act of Adhesion on
    1 July 1977 has led the Commission to reflect on the question of
    this allocation , which has resulted in the proposal to have a common
    system of administration of the above tariff quotas involving , in each
    case , the opening of a single quota quantity divided between the Member
    States according to the usual , criteria and the creation of a single
    Community reserve open to all Member States .                         ' .
4 . Another problem arises in connection with the size of the quotas to
    opened for 1981 , in view of the decision taken^by the Association
    Council during June 1973 to grant Turkey treatment as favourable as
    that granted to countries benefiting from generalized tariff prefe­
    rences .                                         -           •
 ---pagebreak---    As the decisions on the system to be applied to the developing countries
   will not be taken until very late this year , the present Commission pro­
  posal for 1981 t^kes account , "for the calculation of quota amounts , of
  the generalized system of preference schema ( textile sector;) as proposed
  by the Commission .                                              _
  On this basis , the volume of the Community tariff quotas to be opened
  for 1981 for- Turkey should correspond to those for 1980 enlarged by
  2 % to take account cf Greek accession , that is .
       - for cotton yarn                           1 099 tonnes
       - for other, cotton cloth                   2 587 tonnes
       - for carpets                                  198 tonnes         1 -
- It goes without saying that these volumes should be adjusted if the
  final decision taken in the generalized system of preferences does
  not correspond . to the system proposed .
  In addition , the . Commission is aware that this concession could be
  modified in the context of registrations to be undertaken with Turkey .
                                    /
  While awaiting a final decision this proposal constitutes an instrument
  to respect the Communities 1 contractual engagements .
  Thus , the Commission reserves the right to modify this propdsal during
  the procedure to adapt it if necessary to the result of the negocia-
  tibns .
  As regard the economic information to be used in determining the basis
  for the proposed allocation of the tariff quotas concerned , it should
  be remarked that they should be based principally on Member States'
  imports , actual and estimated , specifically originating in or coming
  from Turkey for- the categories of products considered .
  Thus , although it has been possible to draw up the appropriate informa­
  tion for the years 1977 to 1979 , nevertheless because of the irregularity
  noted in imports during those reference years , it has not necessarily
  been possible to deduce any firm basis of assessment . For this reason , .
  as it is customary , thequota volumes attributed to the original
  Community have been , divided into two tranches , the first tranche being
  allocated among the Member States , and the second held as a reserve to
  cover any additional requirements which might come to light in those
  Member States .  I
 ---pagebreak--- K      :S san:j i ». i 'Ons the initial volumes allocated to the Member States
use'J iii the p r c , ^ sals are the same as in 1980 and Greece gets the 2 %
increase decided upon .
The Proposal for a Regulation on textile products provides for a single
method of counting imports against quota shares in the Member States
concerned , namely as and when they are entered for home use .
 ---pagebreak---                                                                                                 5
                                              Proposai for
                                     COUNCIL REGULATION ( EEC) No
                                              of
                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 and originating in
                                                  Turkey ( 1981 ) .                 •
 THE COUNCIL OF THE EUROPEAN                               constituted and the three new Member States until 1
"COMMUNITIES,                                              July 1977 ; whereas, moreover, following the end of
                                                           the transitional period laid down in Article 39 of
 Having regard to the Treaty establishing the Euro­        the Act of Accession, it is necessary to create a
 pean Economic Community, . and in particular              common system of administration of the tariff
 Article 1 1 3 thereof,                   '                quotas concerned, consisting in each case of the
                                                           opening of a single quota divided between all the
 Having regard to the proposal from the Commis­            Member States according to the usual criteria and
 sion ,                                                    the creation of a single Community reserve, .open to
                                                           all Member States ;                            *
 Whereas, pending the entry into force of the Supple­
 mentary Protocol signed in Ankara on 30 June 1973
containing the adjustments to be made to the Agree­
 ment establishing an Association between the Euro­        Whereas it is desirable to provide for a provisional
 pean Economic Community and Turkey and to the             adjustment of the tariff advantages for these goods
 Additional Protocol ( ' ) consequent on the accession     consisting of a total suspension of the customs
                                                           duties    of the   Common    Customs   Tariff and  an
 of new Member States, the Community has under­
 taken , in an Interim Agreement ^) which runs only        increase in the quotas ; whereas the volumes of the
 for the period prior to the entry into force of this
                                                           quotas to be opened for 1981 are therefore 1 099
Supplementary Protocol which is applicable until 31
                                                           tonnes for cotton yarn and 2 587 tonnes for other
 December 1974 but which has been extended for
                                                           woven fabrics of cotton ;
  198! in accordance with the terms laid down in
Article 13 thereof, to implement certain provisions
of the Supplementary Protocol relating to trade in         Whereas pursuant to Article 1 of Annex 2 to the
goods ; whereas, under Article 6 of this Interim           Additional Protocol together with Article 2 of the
Agreement amending Article 1 of Annex 2 to the             Interim Agreement, for the duration of 1981 in parti-'
Additional Protocol, the Community must reduce by          cular, the Community must partially reduce the
75 % the customs duties on imports from Turkey of          duties applicable in respect of third countries to
certain textile products falling within heading Nos        carpets, carpeting and rugs, knotted (made Up or
 55.05 and 55.09 of the Common Customs Tariff, .
                                                           not) of wool or of fine animal hair (excluding hand­
within the limit of annual Community tariff quotas         made "carpets, carpeting and rugs) imported from
of 390 tonnes for cotton yarn and 1 390 tonnes for         Turkey ; whereas it also appears advisable to improve
woven fabrics of cotton ; whereas the abovemen-
                                                           this tariff advantage provisionally by means of a
tioned Article 6 allocates these Community tariff          total suspension of the - duties applicable to . the
quotas as follows :                                        products in question within a Community tariff
– for cotton yarn :                                        quota fixed at a provisional level of 198 tonnes for'
                                                           1981 ;           1
       300 tonnes to the Community as originally
      constituted, 40 tonnes to Denmark , 10 tonnes to
       Ireland and 40 tonnes to the United Kingdom ;
– for woven fabrics of cotton :
                                                           Whereas, it is necessary to guarantee to all Commu­
       1 000 tonnes to the Community as originally         nity importers equal and uninterrupted access to the
      constituted , 20 tonnes to Denmark, 10 tonnes to     abovementioned quotas and uninterrupted applica­
       Ireland and 360 tonnes to the United Kingdom ;      tion of "the rate laid down for those quotas to all
                                                           imports of the product concerned into all Member
Whereas Article        14 of the said Supplementary        States until the quota has been used up ; whereas in
 Protocol only provides for such an allocation of          the light of the principles ■ mentioned above, , the
 tariff quotas between the Community as originally         Community nature of the quotas can best be
                                                           respected by allocating the Community tariff quotas
( ' ) Ol No L 29 ?. 29. 12. 1972, p. 4.                    among the Member States ; whereas, in order to
(2 ) OJ No L 277, 3. 10. 197.5, p. 2.                      reflect : most accurately the actual development of
 ---pagebreak---  the m-irki - ,.n the product concerned, such alloca­   the majority of the Member States the Community
 tion shal' : ■ in proportion to the needs of the       character of the tariff quotas concerned should be
Member S ..; vs, assessed by reference both to the      safeguarded by making provisions to cover needs
statistics of each State's imports from Turkey over a   which might arise in these Member States ;
representative period and to the economic outlook
for the quota period concerned ; whereas, in spite of   Whereas imports into the various Member States
the limited need for imports from Turkey of the         from Turkey were as follows during the last three
products concerned, as shown by the statistics for .    years for which complete statistics are available :
                                            1977                      1978                        1979
                                                                         ;             I
                                     Tonnes          7.      Tonnes             %        Tonnes             %
  Cotton_£arn                     I                                                                      i     ■ ;
                                  1                                                  - I              Ii
  Bénélux                             9 427      18,40      12 565           17,50       15 774            19,62
  Denmark                                 5        0,01             1,2       0,01             24,4         0,03
  Germany                       I   17 265       33,69      27 951         ï 38,94       29 172            36,29
  France                              1 140      . 2,22      . 2 797 : "      3,90          2 357           2,93
  Ireland                               175        0,34          246,5        0,34 . I    -   577           0,72
  Italy                             21 004       40,99      22 288>7         31,04       26 909            33,47
  United Kingdom
                                  | 2 231          4,35        5 939          8,27          5 577      |I
                                                                                                        I
                                                                                                            6,94
                                    51 247          100     70 788,4          100        80 390,4           100
   Other woven fa-                                      I
                                                        I '
                                                                                   . \
   Bénélux                              913 '    37,46       :   537 "       33,08            165          12,55
   Denmark                                8,5      0,35            0,4        0,02              0,6         0,04
   Germany                              599 ;    24,58           437         26,92            298          22,67
   France                               406      16,66           161 j        9,92            270 ;        20,54
   Ireland                     I         23        0,94            1          0,06             36,5         2,78
   Italy                                363,5    14,92           295         18,17            249,6        18,98
   United kingdom .                     124        5,09          192         11,83            295          22,44
                                     2 437         100         1 623,4        100           1 314,7         100
  Whereas according to the information supplied by Greece its imports'of these
  textile products from Turkey have been nil during the last three years ;
 ---pagebreak---   Whereas in view of these figures and foreseeable
                                                                                                          I
  market trends for the products concerned during
  1 980, the initial shares may be fixed approximately at .
  the following percentages :
                              Cotton         Other woven
                              _yarn_      fabrj cs_pf cotton
  Bénélux                       15,69              19,57
  Denmark                        8,43               Λ 77
  Germany                      34,89               14,70
 Greece                          2,58               2,43
  France                         4,22              22 ,-
 Ireland                         2,22               0,91
 Italy                      ,  23,42                7,30
 United Kingdom                  8,55             31,32
 Whereas in order to take into account the uncertainty
 of the import trends for the products concerned in the       whereas the Kingdom of Belgium, the Kingdom of
 Member States, the quota volumes should be divided           the Netherlands and the Grand Duchy of Luxem­
 into two instalments, the first instalment being allo­       bourg are united in and represented by the Benelux
 cated to the Member States, and the second held as a         Economic Union, all transactions concerning the
 reserve intended ultimately to cover the requirements        administration of shares granted to the abovemen-
  of those Member States which have used up their             tioned economic union may be carried out by any one
                                                              of its members,
  initial shares ; whereas, in order to. ensure a certain
  degree of security to importers, the first instalment
  should be determined at a relatively high level, which,
  under present circumstances, may be about 80 % of
                                                              HAS ADOPTED THIS REGULATION :
  each quota volume ;
                                                                                        Article 1
  Whereas the initial quota shares of the Member States      1.     From 1 January to 31 December l981'.Commu-.
  may be used up at different times ; whereas, in order      nity tariff quotas shall be opened for the following
  to take this fact into account and avoid any break in      products coming from Turkey, as shown below :
  continuity, it is important that any Member State
  having used up almost the whole of one of its initial            CCT
  quota shares should draw an additional quota share              heading               Description          J    Quota
  from the corresponding reserve ; whereas, this must be            No                                           (lonnes>
  done by each Member State as and when each of its
  additional quota shares is almost entirely used up; and    55.05          Cotton yarn, not put up for
  repeated as many times, as each of the reserves allows ;                  retail sale                        1 099
  whereas each of the initial and additional quota shares    55.09          Other     woven       fabrics of
   must be available for use until the end of the quota                     cotton                             2 587
   period ; whereas this method of administration calls
                                                            58.01           Carpets, carpeting and tugs
  for close cooperation between Member States and the                      (made up or not)
  Commission, which must, in particular, be able to
                                                                           ex A. Of wool or of fine
  observe the extent to which the quota amount is used                              animal     hair exclud­
  and inform 'Member States thereof ;
                                                                                    ing handmade car­
                                                                                    pets, carpeting and
  Whereas, at a specified date in the quota period, a                               rugs            .          .    198
  considerable balance remains in one or other Member
  State it is essential that that Member State pays a
  percentage of it back into the corresponding reserve,     2.     The duties of the Common Customs Tariff are
i in order to prevent a part of one or other of the         totally suspended for these tariff quotas. .
  Community quotas from remaining unused in one
   Member State when it could be used in others :
 ---pagebreak---  Greet        -   - alt .- pplv within the
                                                                                                               %
 cont                f theso teriff quotas ,
 custo.             - 'ties calculated in accor
 dance i . . L h thr - provi jions of Arti­                                  3.     If, after one or other of its second shares has
 cle 117 of the Act of Accession of                                          been used up, 90 % or more of the third share drawn
Greece .                                       -                             by a Member State has been used up, the latter shall,
                                                                             in the same manner, draw a fourth share equal to the
                                                                             third . '
                                  Article 2                                  This procedure shall be followed until the reserve has
                                                                             been exhausted.
 1.    A first instalment of each of the quotas referred '
to in Article 1 ( 1 ), which shall be 854 tonnes for 4.                             Notwithstanding paragraphs 1 , 2 and 3, Member
cotton yarn not put up for retail sale. 2095 tonnes for States may draw smaller shares than those fixed in
other woven fabrics of cotton and 163 tonnes for those paragraphs if there is reason to believe that
carpets, carpeting ami rugs of wool or of fine animal those shares might not be used up. They shall inform
hair, shall be shared among the Member States ; the the Commission of their reasons for applying this
shares which , subject to Article 5 shall be valid until paragraph.
31 December 1981 , shail be as follows :
                                                                  (m tonnes)
                         i                CCT heading No
                         I
    Member Slates        I
                              55.05             55.0»         ex 58.01 A
                        !
Bénélux                       134                410               15
Denmark                         72                 37              15
Germany               -||     298     ■ I        308     |I -   • 38
Greece                        22                 51                4
France                  II  '   36      I '      461               27
Ireland .                !      19                  19               2
Italy                         200                 153              19
United                              ■
                                            '       -
Kingdom                   I     73        .      656
                                                                   43
                              854             2 095            163
2. The second instalment of each quota, amounting
to 245, 492 and 35 tonnes respectively, shall make up
the corresponding reserve.
                                 Article 3
1 .. If 90 % or more of one of any Member States
initial shares, as laid down ip Article 2 ( 1 ) or 90 % of
that share less the amount returned into the corres­
ponding reserve, where Article 5 has been applied, has
been used up, that Member State shall without delay,
by notifying the Commissi© ;!, ;':raw a second share in
the quota equal to 15% of us initial share, rounded
up to the next unit where appropriate, to the extent
that the amount in the reserve allows.
2.     If, after one or other of its initial shares has been
used up, 90 % or more of the second share drawn by
one of the Member States has been used up, that
Member State shall, in the manner provided for in
paragraph 1 , draw a third share equal to 7-5% of its
initial share.
 ---pagebreak---                               A t tint 4                                                      Attitlr 7
                                                                                                                      /
 i 'f I » 'fi liji. ►j'MiU' /HjI r:l»J (« 5 ill.lV//» j /unu.iuf IO    1.   M<-nil«'/       hli.ill take all nicaMircik rieccv.ary
Amile 3 sitali Ik- valici mtlil 31 Decomber 198 1 .                   to ensure that , when additional shares arc drawn
                                                                      pursuant to Article 3, it is possible for imports to be
                                                                      counted without interruption against their accumu­
                             Article J
                                                                      lated shares of the Community tariff quotas.
The Member States shall return to the reserve, not
later than 1 October 1981 , the unused portion of their               2. Member States shall ensure for importers of the
                                                                      products concerned established in their territory free
initial share which, on 15 September 1981 , is in                   . access to the shares allocated to them .
excess of 20 % of the initial amount. They may return ,
a greater portion if there are grounds for believing                  3. Member States shall charge imports of the said
that such portion may not be used in full.                            goods against their shares as and when the goods are
                                                                      entered with customs authorities for free circulation .
Member States shall, not later than 1 October 198 1
notify the Commission of the total imports of the                     4.    The extent to which the Member States' shares
products concerned effected under the Community                       have been used up shall be established on the basis of
quota's up to and including 15 September 1981 ■» and,                 imports counted in accordance with paragraph' 3.
where appropriate the ' proportion of each of their
initial shares that they are returning to each of the
reserves.                                                                                     Artide 8
                                                                           χ
                             Article 6
                                                                      On receipt of a request from the Commission,
                                                                      Member States shall inform it of imports of the
The Commission shall keep account of the shares                       products concerned actually charged against their
opened by Member States in accordance with Articles                   shares.
2 and 3, and shall inform each of them of the extent
to which the reserves have been used as soon as it                                            Article 9
receives the notifications.
                                                                      The Member States and the Commission shall coop­
It shall, not later than 5 October 1981, notify the                   erate closely in order to ensure that this Regulation is
Member States of the state of each of the reserves after
                                                                      respected.
the return of shares pursuant to Article 5.
It shall ensure that any drawing which uses up a                                             Article 10
reserve is limited to the balance available and , for this
purpose, shall specify the amount thereof to the                      This Regulation shall enter into force on 1 January
Member State which makes the final drawing.                           1981 ,
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.                                                                          ,
                 Done at Brussels.
                                                                                  For the Council
                                                                                   The President