CELEX: 51994PC0129
Language: en
Date: 1994-04-15
Title: Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of Community tariff quotas for forzen hake fillets and for processing work in respect of certain textile products under Community outward processing arrangements

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             C0M(94) 129 final
                                             Brussels, 15.04.1994
                                             94/0110 (ACC)
                                 Proposal for a
                            COUNCIL REGULATION (EC)
Opening and providing for the administration of Community tariff quotas fo'
frozen hake fillets and for processing work in respect of certain textile
          products under Community outward processing arrangements
                         (presented by the Commission)
 ---pagebreak---                         EXPLANATORY MEMORANDUM
   The European Economic Community undertook in the GATT or in an
   Arrangement concluded with the Swiss Confederation on 1 August 1969,
   to open Community tariff quota from 1 July until 31 December or from
   1 September until 31 August of the following year of 5 000 tonnes at
   10% for frozen fillets of hake, presented in the form of industrial
   blocks, with bones ("standard"), and, after various adaptations, a
   duty-free quota for 1 870 000 ECUS of added value for various kinds
   of processing work in respect of certain textile products under
   Community outward processing arrangements.
2. As with other Community tariff quotas, the proposal does not provide
   the quota-volumes to be divided up between Member States but offers
   them the opportunity of drawing from the quota-volumes the necessary
   quantities corresponding to actual imports.
                                   L
 ---pagebreak---                                                                      Proposal for
                                                 COUNCIL REGULATION (EC) No                            /94
                                                                     Of
              Opening «nd providing for the administration of Community tariff quotas for
              frozen hake fillets and for processing work in respect of certain textile
                               products under Community outward processing arrangements
          THE COUNCIL OF THE EUROPEAN UNION,                                       taken by the Community; whereas, to ensure the effici-
                                                                                   ency of a common administration of these quotas, there is
                                                                                   no obstacle to authorizing the Member States to draw
          Having regard to the Treaty e s t a b l i s h i n g the                  from the quota-volumes the necessary quantities corres-
          European Conwiunity, and In p a r t i c u l a r A r t i c l e 113        ponding to actual imports ; whereas, however, this method
          thereof,                                                                 of administration requires close cooperation between the
        Having regard to the proposal from the Commission,                         Member States and the Commission and the latter must
                                                                                   in particular be able to monitor the rate at which the
       Whereas the Community has undertaken, within the                            quotas are used up and inform the Member States accor-
        framework of its external relations, to open each year for                 dingly ;
        periods of, respectively, 1 July to 31 December and 1
       September to 31 August of the following year, Commu-                        Whereas, since the Kingdom of Belgium, the Kingdom of
       nity tariff quotas for 5 000 tonnes at 10 % duty for frozen                 the Netherlands and the Grand Duchy of Luxembourg
       fillets of hake presented in the form of industrial blocks                  are united within, and jointly represented by, the Benelux
       with bones ("standard') and, after various adaptations, a                   Economic Union, all transactions concerning the admi-
       duty-free Community tariff quota for ECU 1 870 000 of                       nistration of the shares levied by that economic union
       added value for various kinds of processing work in                         may be carried out by any one of its members,
       respect of certain textile products under outward proces-
       sing arrangements ; whereas the tariff quotas in question
       should accordingly be opened for the agreed periods and
       in accordance with the agreed elements ;
       Whereas provision should be made in particular to ensure                    HAS ADOPTED THIS REGULATION
       equal and continuous access for those concerned to the
       quotas in question and consistent application, until the
       quotas are exhausted, of the rate prescribed for the said
                                                                                                             Article 1
       quotas to all goods which are imported or re-imported
        into any of the Member States and which meet the pres-
       cribed conditions ;                                                         1.    From 1 July to 31 December 1994 the customs duty
                                                                                   applicable to the import of the products listed below shall
       Whereas the decision for the opening, in the execution of                   be suspended at the levels and within the limit of the
        its international obligations, of tariff quotas should be                  Community tariff quota shown herewith :
                                                                                                                    Amount        Quota duty
           Order No          CN cock                                   Description                                  of quota         (%)
                                0                                                                                   (tonnes)
       09.0037           ex 0304 20 57      Frozen fillets of hake (MeHuccius spp.) presented in the form of         5 000            10
                                            industrial blocks with bones ('standard')
       (<) Tsrw: code* 0304 2© 57 * 31 »nd 0304 20 57 ' 39.
2. Where the Community has fixed a reference price for
                                                                                   equal or lower customs duty under other preferential tariff
the products or categories of products concerned, imports
                                                                                   treatment.
of fillets of hake shall benefit from the relevant quota
fixed in paragraph 1 only if the free-at-front1er price
determined by the Member States in accordance with
Article 22 of Regulation (EEC) No 3759/920). modified
for the last time by Regulation (EEC) No 1891/93(2), is
at least equal to the reference price.                                                                       Article 2
       3.      Imports of these products shall not be charged                      1.    From 1 September 1994 to 31 August 1995 the
       against this tariff quota if they are already eligible for an               customs duties applicable to re-imports of the following
                                                                                   products shall be totally suspended within the limit of the
       (') O l No 1. 3K8, 31. 12. 1992, p. 1.                                      Community tariff quota shown herewith :
      (2)    0J    No L 1 7 2 ,      15.07.1993,          p.   1
                                                                               \
 ---pagebreak---                                                                                                                         Volume of
   Older N<        C N code                                        Description                                          tariff quota
09.2501                      Goods resulting from processing work as provided for in the arrangement
                             with Switzerland on processing traffic in textiles as follows :
                             (a) processing work on woven fabrics falling within Chapters 50 to 55 and
                                  CN code 5809 00 00
                             (b) twisting or throwing, cabling and texturizing (whether or not combined
                                 with other processing work) of yarns falling within Chapters 50 to 55 and
                                  CN code 5605 00 00
                             (c) processing work on products falling within the following CN codes :
                5606 00      Gimped yarn, and strip and the like of code 5404 or 5405, gimped (other than
                             those of code 5605 and gimped horsehair yarn) : chenille yarn (including
                             flock chenille yarn) ; loop wale-yarn :
                              — Other:
                5606 00 91    — — Gimped yarn
                5606 00 99          Other
                5801         Woven pile fabrics and chenille fabrics, other than fabrics of code 5802 or
                             5806 :
                5801 10 00    — Of wool or fine animal hair
                              — Of cotton :
                5801 22 00    — — Cut corduroy
                5801 23 00    — — Other weft pile fabrics
                5801 24 00    — — Warp pile fabrics, épingle (uncut)
                5801 25 00    — — Warp pile fabrics, cut                                                           ECU 1 870 000
                                                                                                                   of value added
                5801 26 00    — — Chenille fabrics
                              — Of man-made fibres :
                5801 32 00    — — Cut corduroy
                5801 33 00    — — Other weft pile fabrics
                5801 34 00    — — Warp pile fabrics, épingle (uncut)
                5801 35 00    — — Warp pile fabrics, cut
                5801 36 00    — — Chenille fabrics
                5801 90       — Of other textile materials :
                5801 90 10          Of flax
                5801 90 90          Other
                5802         Terry towelling and similar woven terry fabrics, other than narrow fabrics of
                             code 5806 ; tufted textile fabrics, other than products of code 5703
                5804         Tulles and other net fabrics, not including woven, knitted or crocheted
                             fabrics ; lace in the piece, in strips or in motifs
                5806         Narrow woven fabrics, other than goods of code 5807 ; narrow fabrics
                             consisting of warp without weft assembled by means of an adhesive (bolducs)
                5808         Braids in the piece ; ornamental trimmings in the piece, without embroidery
                             other than knitted or crocheted ; tassels, pompoms and similar articles
                6001         Pile fabrics, including 'long pile' fabrics and terry fabrics, knitted or crocheted
                6002         Other knitted or crocheted fabrics
2.     For the purposes of this Article :                                     -— for the purposes of paragraph 1 (b) appearing in
                                                                                  the table : twisting or throwing, cabling and textu-
(a) 'processing work' shall mean :                                                rizing, whether or not c o m b i n e d with reeling,
                                                                                  dyeing or other work which changes the appea-
     — for the purposes of paragraph 1 (a) and (c)                                rance, quality or finish of the goods, without
        appearing in the table : bleaching, dyeing, prin-                         however changing their nature ;
        ting, flocking, impregnating, dressing and other
        work which changes the appearance or quality of                  (b) 'value added' shall mean the difference between tin-
        the goods, without however changing their nature,                     value for customs purposes as defined in C o m m u n i t y
                                                                     k
 ---pagebreak---      regulations on this subject at the time of                  circulation by the customs authorities of the Member
     re-importation and the value for customs purposes as        State concerned, to the extent that the available balance
     it would be if the products were re-imported in the         so permits.
     state in which they were exported.
                                                                 If a Member State does not use the quantities drawn, it
3.     Re-imports of products, resulting from this proces-
                                                                 shall return them as soon as possible to the tariff quota.
sing work may not be charged to the tariff quota if they
are already free of customs duties under other preferential
tariff arrangements.                                             If the quantities requested are greater than the available
                                                                 balance of the tariff quota, allocation shall be made on a
                                                                 pro rata basis with respect to the requests. Member States
                          Article 3
                                                                 shall be informed thereof by the Commission.
The tariff quota referred to in Articles 1 and 2 shall be
administered by the Commission, which may take any
appropriate measure with a view to ensuring the efficient                                  Article 5
administration thereof.
                                                                 Each Member State shall ensure that importers of the
                          Article 4                              products concerned have equal and continuous access to
                                                                 the quotas for such times as the balance of the tariff quota
If an importer presents in a Member State an entry for           so permits.
release for free circulation, including a request for prefe-
rential benefit for a product covered by this Regulation,
and if this declaration is accepted by the customs authori-
ties, the Member State concerned shall draw, from the                                      Article 6
tariff quota, by means of notification to the Commission,
a quantity corresponding to these needs.                         Member States and the Commission shall cooperate
                                                                 closely to ensure that this Regulation is complied with.
The request for drawing, with the indication of the date of
acceptance of the said declarations, must be communi-
cated to the Commission without delay.
                                                                                           Article 7
The drawings are granted by the Commission on the basis
of the date of acceptance of the entries for release for free    This Regulation shall enter into force on 1 July 1994.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at
                                                                             For the Council
                                                                               The President
                                                            5
 ---pagebreak--- FINANCIAL RECORD
1.    Budget line concerned : Chap. 12 Art. 120
2.    Legal basis : Art. 113 of the Treaty
3.    Title of the tariff measure concerned : Proposal for a Council
      regulation (EC) opening and providing for the administration of
      Community tariff quotas for frozen hake fillets and for processing
      work in respect of certain textile products under Community outward
      processing arrangements.
4.    Objective : Fulfilment of contractual obligations of the Community.
5.    Method of calculation :
      CCT heading:          ex 0304 20 57  Various
      Volume of the quota:  5 000 T        1.870.000 ecus
      Duty to be applied:   10 X           0 %
      Normal CCT duty:      15 X
6.    Duty-loss :
      Unit value (ecus) :      1 399
      Total value (ecus) : 6 995 000
      Duty-loss (ecus) :     349 750       187 000
Compared with the preceding period : increased of (349 750 + 187 000) -
(333 250 + 187 000) - 16 500 ecus.
                                     c
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(94) 129 final
                                                      DOCUMENTS
EN                                                                          03 02
                                 Catalogue number : CB-CO-94-139-EN-C
                                                             ISBN 92-77-675^ ?-7
Office for Official Publications of the European Communities
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