CELEX: 51977PC0036
Language: en
Date: 1977-02-28
Title: PROPOSAL FOR A COUNCIL REGULATION concerning import arrangements for certain jute products originating in the Republic of India (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 36
Vol. 1977/0012
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(77)36 final
                                             Brussels , 28 February 1977
                                                                         i
                     PROPOSAL FOR A COUNCIL REGULATION
                 concerning import arrangements for certain
                 jute products originating in the Republic
                                of India
            ( submitted to the Council by the Commission )
 C0M(77 ) 36 final
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
1 . By decision of 20 January 1976 "the Council authorized the Commission to
    open negotiations with India for the conclusion of a new agreement on
    trade in jute products as the Agreement previously in force had expired .
    In accordance with this decision the Commission , in consultation with the
    Article 113 Committee , conducted negotiations with India in April , June and
    July of last year . These negotiations culminated in a draft Agreement
    initialled by the Heads of Delegation on 2 July ; the Commission put "before
    the Council a recommendation for a regulation concluding the Agreement .
2 . The draft Agreement provides inter alia for voluntary restraint , within
    quantitative limits agreed by the Indian authorities , of exports to the
    Community of certain jute products and for a system of control "by the
    Community that he agreed limits are being observed .
    In order to permit this control to take place , this proposal for a regu­
    lation provides for the introduction of arrangements making imports into
    the Community of the products in question subject to quantitative limits .
3 . The Agreement which has been initialled is concerned only with products
    originating in and coming from India. The Indian authorities will therefore
    apply voluntary restraint only to direct exports to the Community . Thus
    products covered by the Agreement and originating in India may be freely
    exported to the Community through non-member countries . The Community may
    oppose such indirect exports , for by the Agreement it is only obliged to
    admit products originating in and coming from India which are accompanied
    by an export authorization as required by the Agreement .
    Since such indirect imports run counter to the objectives of the Agreement
    the import arrangements introduced by the Community must be applied to
    products originating in India irrespective of where they come from .
4 . It is proposed to administer the Community quantitative limits in accor­
    dance with the procedure for administering Community quantitative quotas
    established by Council Regulation (EEC ) No 1023/70 , and in particular
    Article 11 ( 1 ) thereof . Under this procedure the Council has to determine
    the criteria for allocating the quantitative limits .
                                                                       • • • /• • •
 ---pagebreak--- The criteria referred to are primarily those taken as a guide
for allocating the ceilings of the previous Agreement .
However , these criteria have been adjusted in the light of ex­
perience of the functioning of that Agreement , to permit a break­
down of the Community quantitative limits between the Member
States on the basis of the results of work already done which
is better adapted to the supply requirements of the various
market ( 1 ).
The Agreement which has been initialled provides for the automatic ,
immediate acceptance by the Community authorities of imports sub­
ject to a ceiling upon production by the importer of an export
authorization issued by the Indian authorities certifying that the
quantities have been set off against the agreed ceilings . This
provision therefore obliges the Member States , authorities to grant
import authorizations automatically as soon as a request is made
accompanied by an export authorization , provided that the agreed
limits are observed .
So that the objectives of the Agreement may be attained promptly
the Commission proposes that the Council adopt the draft Regula­
tion annexed hereto as soon as possible .
( 1 ) The allocation will be the subject of a regulation to be adopted
      by the Commission , likewise on the basis of Regulation No 1023/70 .
 ---pagebreak---                    PROPOSAL FOR A COUNCIL REGULATION
            concerning import arrangements for certain jute
             products originating in the Republic of India
THE COUNCIL OP THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof ,
Having regard to the proposal from the Commission ,
Whereas the European Economic Community and the Republic of India have
negotiated an Agreement on trade in jute products ; whereas the Commission
has put before the Council a recommendation for a Regulation concluding
that Agreement ;
Whereas , in order to implement that Agreement , import arrangements should
be adopted for the products concerned ;
Whereas the Agreement requires the Community to permit imports of certain
jute products within quantitative limits , the observance of which will "be
guaranteed by an agreed bilateral system of control ;
Whereas to this end the appropriate provisions valid in the Community for
1976 , 1977 , 1978 and 1979 an(l "the criteria for the allocation of the
quantitative limits agreed with India should be adopted ;
Whereas the criteria for allocation must "be based on those taken as a
guide in allocating the quantitative limits of the previous Agreement with
India but also , in the light of the functioning of the former Agreement ,
be adjusted so as      to achieve a breakdown between Member States which
is better adapted to the supply requirements of their markets ;
Whereas steps should be taken to ensure that the objectives of the
Agreement are not thwarted by indirect imports of products originating
in India ;
 ---pagebreak--- Whereas imports should be set off against the quantitative limits fixed
for the year during which the goods were exported from India ;
Whereas products which enter the Community ' s customs territory under
inward processing or o'ther temporary admission arrangements and are
re–exported from that territory in their original condition or after
processing should not be set off against the abovementioned quanti­
tative limits ,
HAS ADOPTED THIS REGULATION :
                               Article 1
1.     Imports into the Community of the jute products listed in Annex A
which originate in the Republic of India and are exported between 1 Janu­
ary 1976 and 31 December 1979 shall be subject to the quantitative li­
mits agreed between the Community and India and set out in the Annex re­
ferred to above .
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 admini­
stering quantitative quotas ( 1 ), and in particular in Article 11 there­
of , in such a way as to ensure the expansion and orderly development of
trade in jute products and to permit amounts to be carried over or
brought forward from one year to another . However , the allocation made
on the basis of the import volumes admitted on the conditions currently
applied shall take account of the need to align them progressively with
the supply requirements of their markets .
3.     The 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 presentation by
the importer of the original copy of the export authorization issued
by the Indian authorities , containing the details set out in Annex B.
( 1 ) OJ No L 12A . 8.6.1970 , p.1 .
 ---pagebreak---                             - 3 -
4.   Authorized imports shall be set off again 3 1   /ne quantitative limits
valid for the annual period during which the products wore placed on
board in India in order to be exported to the Corami?nity .
5.   Products which enter the Community 's custonus territory under inward
processing or other temporary admission arrangements and are re-exported
from that territory in their original condition or after processing shall
not be set off against the quantitative limits ref rred to in paragraph
1 .
                                  Article 2
     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 .
                                            For the Council
                                            The President
Done at Brussels .
 ---pagebreak---                          Quantitative limits referred to in Article 1 .                                       ANNEX A
Category CCT           Descnpt ion                                      Quantitative limits ( metric tonnes )
N°       heading
                                                                         1976          1977             1978          1979
   4/ 5  57.10   Woven fabrics of jute or of other
                 bast fibres of headingN0 57.03 :
                 ex : B. Of a width of more than 150cm,
                         other than those of category No 7~             10.186     I   10.967         11.770          12.628
         57.10   Woven fabrics of jute or of other textile
                 bast fibres of heading N° 57.03 :
                 ex : B. Of a width of more than 150cm,
                         wholly or partially dyed or printed             1.943          2.086          2.233           2.391
                         and having no visible selvedges in the
                         width
 ---pagebreak---                                                               AMEX B
             Details referred, to in Article 1 ( 3 )
The export authorizations issued "by the Indian authorities in respect
of the products covered "by this Regulation shall specify or contain
the following :
          a ) Destination (Member State concerned ) ;
          h ) Sériai number ;
          c ) Importer' s name and address ;
          d ) Exporter' s name and address ;
          e ) Net weight (in kg or tonnes ) and value ;
          f ) Category and classification of the product ;
          g ) Certification by the authorities that the quantities
               have been set off against the ceilings fixed for ex­
               ports to the Community (Member State concerned ) or ,
               where appropriate , are for immediate re-export or
               are for processing and subsequent re-export outside
               the Community ;
          h ) Year during which the products were exported ,
              I.e . .were placed on board in India for export to the
               Communtiy .