CELEX: 51979PC0595
Language: en
Date: 1979-11-06
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 (1980) (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 595
Vol. 1979/0203
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(79)595 final
                                                Brussels , 6 November 1979
                         Proposal for a
                    COUNCIL REGULATION ( EEC )
    opening / allocating and providing for the administra­
     tion 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 ( 1980 )
         ( presented by the Commission to the Council )
                            i
 CQM(79 ) 595 final
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
1 . As a result of negotiations vith 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 Com­
    munity 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 into force of this
    Supplementary Protocol in order to implement , from 1 January 1974 , cer- ^
    tain pr - visions 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 1980
    on the basis of the Supplementary Protocol or the Interim Agreement .
    The provisions of the annexed Regulations are based on the Interim Agree­
    ment and should thus be modified if the Supplementary Protocol enters
    into force on 1 January 1980 at the latest .
2 . In the abovementioned Supplementary Protocol and Interim Agreement , pro­
    vision 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               Description               Annual tariff     Quota
        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- i     I 390 tonnes     75 % re­
                      ton                          1                     duction
                                                                        ••/I •
 ---pagebreak---   They also determine for these products the allocation among the Member
  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
  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 ap­
  plication some of the provisions of the Supplementary Protocol .
                                                                »
. The end of the transitional period fixed by the Act of Adhesion on t July 1977
  has led the Commission to reflect on the question of this allocation, which
  has resulted in the proposal to hav6 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 .
  Another problem arises in connection with the size of the quotas to opened
  for 1980 , 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 preferences .
 ---pagebreak---                                           - 3 -
    As the decisions oil the system to be applied to the developing countries
    will not be taken until very late this year , the present Commission pro­
    posal for 1980 takes account for the calculation of quota amounts for the
    generalized system of preferences of that which is generally admitted at
    present .
    The imports into the Community of textile products coming from Turkey , in 1977 ,
    reached 122 930 tonnes corresponding to 25.08 % of the imports from all the
    beneficiaries of the 6.S.P. With a G.N. P. per head of 901 dollars in 1976
    Turkey obtained a score of 22 597 , which would give , if it was a beneficiary
    under the generalized preferences a right to benefit from duty exemption
    from 2 % of its exports in 1977 . On this basis one would attribute for 1980 :
    - for cott n yarn               :   2 % of 51 247 tonnes i.e.   1 025 tonnes
    - for other cotton cloth        :   2 % of  2 437 tonnes i.e.      49 tonnes
    - for carpets                   :   2 % of    339 tonnes i.e.       7 tonnes
    Taking account of the very negative political impact implied by a reduction ,
    even partial , of the preferences in forces in 1979 for the above textile pro­
    ducts , it is proposed to fix for 1980 quota volumes at the level reached in
    1979 that is 1 077 tonnes for cotton yarn , 2 536 tonnes for other cotton cloth
    and 197 tonnes for carpets .
    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 present system .
5 . As regard tho 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 pro­
    ducts considered .
    Thus , although it has been possible to draw up the appropriate informa­
    tion for the years 1976 to 1978 , 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 , the quota volumes attributed to the original Community have been
 ---pagebreak---                                          - 4 -
    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 Memebr States . For the
    same reasons the initial percentages allocated to the Memebr States used
    in the proposals are the same as in 1979 .
6 . The Proposal for a Regulation on textile products provides for a single
    method of counting imports against quota shares in the Member States con­
    cerned , namely as and when they are entered for home use .
 ---pagebreak---                                                        PROPOSAL FOR
                                   COUNCIL REGULATION ( EEC)
                 opening , allocating and providing tor 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 ( 1980 )
 THE COUNCIL OF THE EUROPEAN                                  according to the usual criteria and the creation of a
 COMMUNITIES,                                                 single Community reserve, open to all Member States.
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 113            Whereas it is desirable to provide for a provisional
 thereof,                                                     adjustment of the tariff advantages for these goods
                                                              consisting of a total suspension of the customs duties
 Having regard to the proposal from the Commission,           of the Common Customs Tariff and an increase in the
Whereas, pending the entry into force of the Supple­          quotas ; whereas the volumes of the quotas to be
 mentary Protocol signed in Ankara on 30 June 1973            opened forl980j|re therefore 1 077 tonnes for cotton
containing the adjustments to be made to the Agree­           yarn and 2 536 tonnes for other woven fabrics of
 ment establishing an Association between the Euro­           cotton ;
 pean Econon . Community and Turkey and to the
Additional Pi fDcol ( ' ) consequent on the accession of      Whereas pursuant to Article 1 of Annex 2 to the Addi­
 new Membe - States, the Community has undertaken,            tional Protocol together with Article 2 of the Interim
 in an Interi - Agreement (2) which runs only for the         Agreement, for the duration of 1980in particular, the
 period prior o the entry into force of this Supplemen­       Community must partially reduce the duties appli­
tary Protocol which is applicable until 31 December           cable in respect of third countries to carpets, carpeting
 1974 but which has been extended for jgggn. accor­           and rugs, knotted (made up or not) of wool or of fine
dance with the terms laid down in Article 13 thereof,         animal hair, (excluding hand-made carpets, carpeting
to implement certain provisions ofthe Supplementary           and rugs) imported from Turkey ; whereas it also
 Protocol relating to trade in goods ; whereas, under         appears advisable to improve this tariff advantage pro­
Article 6 of this Interim Agreement amending Article          visionally by means of a total suspension of the duties
 1 of Annex 2 to the Additional Protocol , the Commu­         applicable to the products in qustion within a
nity must reduce by 75 % the customs duties on                Community tariff quota fixed at a provisional level of
imports from Turkey of certain textile products falling        194 tonnes for 1980and allocated in accordance with
within heading Nos 55.05 and 55.09 of the Common              the same percentages as those adopted for 1979 ;
Customs Tariff, within the limit of annual Commu­
nity tariff quotas of 390 tonnes for cotton yam and           Whereas, it is necessary to guarantee to all Commu­
 1 390 tonnes for woven fabrics of cotton , whereas the       nity importers equal and uninterrupted access to the
abovementioned Article 6 allocates these Community            abovementioned quotas and uninterrupted application
tariff quotas as follows :                                    of the rate laid down for those quotas to all imports of
:– for cotton yarn :                                          the product concerned into all Member States until
                                                              the quota has been used up ; whereas in the light of
      300 tonnes to the Community as originally consti­       the principles mentioned above, the Community
      tuted , 40 tonnes to Denmark , 10 tonnes to Ireland
                                                              nature of the qugtas can best be respected by allo­
      and 40 tonnes to the United Kingdom ;                   cating the Community tariff quotas among the
– for woven fabrics of cotton :                           '   Member States ; whereas, in order to reflet most accu­
    . I 000 tonnes to the Community as originally             rately the actual development of the market in the
      constituted , 20 tonnes to Denmark , 10 tonnes to       product concerned, such allocation shall be in propor­
      Ireland and - 360 tonnes to the United Kingdom ;        tion to the needs of the Member States, assessed by
Whereas Article 14 of the said Supplementary                  reference both to the statistics of each State's imports
Protocol only provides for such an allocation of tariff       from Turkey over a representative period and to the
quotas between the Community as originally consti­            economic outlook for the quota period concerned ;
tuted and the three new Member States until I July            whereas, in spite of the limited need for imports from
 1977 ; whereas, moreover, following the end of the           Turkey of- the products concerned, as shown by the
 transitional period laid down in Article 39 of the Act       statistics for the majority of the Member States the
 of Accession, it is necessary to create a common             Community character of the tariff quotas concerned
 system of administration of the tariff quotas                should be safeguarded by making provisions to cover
concerned, consisting in each case of the opening of a        needs which might arise in these Member States.
single quota divided between all the Member States
                                                              Whereas imports into the various Member States from
(■) OJ No I 293. 29. 12. 1972, p. 4.                          Turkey were as follows during the last three years for
(•') OJ No L 277, 3. 10. 1973. p. 2.                          which complete statistics aire available :
 ---pagebreak---                                                                   1976                     1977                1978
                                                   1
                                                            tonnes             I     tonnes              tonnes      ΜΊ
                Cotton ram
                Bénélux         „                          13 648        18-31      9 427         18-40 12 565       17.50
                Denmark                                          13    I  0-02            5        0-01         .2     0.0
                Germany                                    25 000        33-54     17 265         33-69 27 951       B8.94
                France                                        2 389       3-21      1 140          2-22  2 797         3.90
                Ireland                                         145       0-19         175         0-34     246.5      0.34
                Italy                                      30 019        40-28    21 004          40-99 22 288.7 31 . 04
                United Kingdom                   *          3319          4-45      2 231       .  4-35
                                                                                                         5 939     ]   8.27
                                                           74 533                 51 247                71 788.4
                Other woven, fabrics of cotton
                Bénélux                                         535      17-38         913        37-46     537      33.08
                Denmark                                          36       117            8-5       0-35       0.4      0.02
                Germany                                       1 100      35-74         599        24-58     437      2-6.92
                France                                          481      15-63         406        16-66      61        9.92
                Ireland                                           i       0-03          23         0-94                0.06
                Italy                                           835      27-13         363-5      14-92     295      18.17
                United Kingdom                                   90 '     2-92         124     ■   5-09     192      1  . 83
                                                             3 078                  2 437                 1 623.4
  Whereas m view of these figures and foreseeable                           to take this fact into account and avoid any break in
  market trends for the products concerned during                           continuity, it is important that any Member State
1 980 , the initial shares may be fixed approximately at                    having used up almost the whole of one of its initial
  the following percentages :                                               quota shares should draw an additional quota share
                                                                            from the corresponding reserve ; whereas, this must be
                            •Cotton yarn       Other woven                  done by each Member State as and when each of its
                                             fabrics of cotton              additional quota shares is almost entirely used up, and
  Bénélux                       16-16                20-08                  repeated as many times as each of the reserves allows ;
  Denmark                        8-71                 1-80                  whereas each of the initial and additional quota shares
  Germany                       35-86                15-05                  must be available for use until the end of the quota
  France                         4-29                22-55                  period ; whereas this method of administration calls
  Ireland                         2-27                0-92                  for close cooperation between Member States and the
  Italy                         23-99          .      7-50                  Commission, which must, in particular, be able to
  United Kingdom                  8-72               32: 1Q :               observe the extent to which the quota amount is used
                                                                            and inform Member States thereof ;
  Whereas in order to take into account the uncertainty
  of the import trends for the products concerned in the                    Whereas, at a specified date in the quota period, a
  Member States, the quota volumes should be divided'                       considerable balance remains in one or other Member
  into two instalments, the first instalment being allo­                    State it is essential that that Member State pays a
  cated to the Member States, and the second held as a                      percentage of it back into the corresponding reserve,
  reserve intended ultimately to cover the requirements                     in order to prevent a part of one or other of the
  of those Member States which have used up their                           Community quotas from remaining unused in one
  initial shares ; whereas, in order to ensure a certain                    Member State when it could be used in others ;
  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                         Whereas since the Kingdom of Belgium, the
  each quota volume ;                                                        Kingdom of the Netherlands and the Grand Duchy of
                                                                             Luxembourg are. united within and jointly represented
                                                                             by the Benelux Economic Union, all transactions
                                                                            concerning the administration of shares granted to the
  Whereas the initial quota shares of the Member States                      abovementioned economic union may be carried out
  may be1 used up at different times ; whereas, in order                     by any one of its members,
 ---pagebreak--- HAS ADOPTED THIS REGULATION :                                                                        Article 3
                                                                          1. If 90 % or more of one of any Member State s
                                                                          initial shares, as laid down in Article 2 ( 1 ) or 90 % of
                              Article 1                                   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,
 I.      From 1 January to 31 December 1.98 (^Commu­                      by notifying the Commission , draw a second share in
nity tariff quotas shall be opened for the following                      the quota equal to 1 5 % of its initial share, rounded
products coming from Turkey, as shown below :                             up to the next unit where appropriate, to the extent
                                                                 (tonnes) that the amount in the reserve allows.
      CCT
     heading                      Description                 Quota -     2.      If, after one or other of its initial shares has been
       No
                                                                          used up, 90 % or more of the second share drawn by
                                                                          one of the Member States has been used up, that
55.05          Cotton yam, not put up for retail                          Member State shall, in the manner provided for in
               sale                                           1 077
                                                                          paragraph 1 , draw a third share equal to 7-5 % of its
55.09          Other woven fabrics of cotton                  2 536       initial share .
58.0           C' pets, carpeting and rugs (made
               u    or not)                                               3.      If, after one or other of its second shares has
               f   A. Of wool or of fine animal                           been used up, 90 % or more of the third share drawn
                         hair excluding handmade                          by a Member State has been used up, the latter shall,
                         carpets, carpeting and rugs            194       in the same manner, draw a fourth share equal to the
                                                                          third .
2.      The duties of the Common Customs Tariff are                       This procedure shall be followed until the reserve has
totally suspended, for these tariff quotas.                               been exhausted .
                                                                          4.      Notwithstanding paragraphs 1 , 2 and 3, Member
                                                                          States may draw smaller shares than those fixed in
                              Article 2                                   those paragraphs if there is reason to believe that
                                                                          those shares might not be used up. They shall inform
                                                                          the Commission of their reasons for applying this
1.      A first instalment of each of the quotas referred                 paragraph.
to in Article 1 , which shall be 832 tonnes for cotton
yam not put up for retail sale, 2 044 tonnes for other
woven fabrics of cotton and 159 tonnes for carpets,
carpeting and rugs of wool or of fine animal hair, shall                                             Article 4
be shared among the Member States ; the shares
which, subject to Article 5 shall be valid until 31                        Each of the additional shares drawn pursuant to
December 1980 , shall be as follows :                                     Article 3 shall be valid until 31 December j ago
                                                                 (tonnes)
                      1.        |             CCT heading No
                                                                                                     Article S
           nummi                i      55.0 5      55.09     « 58.01 A
Bénélux                                134          410         15
                                                                          The Member States shall return to the reserve, not
Denmark                                  72           37        15        later than 1 Octoberl 980 , 'he unused portion of their
Germany                                298          308         38        initial share which, on 15 September 1 980 , is in
France                                   36         461         27        excess of 20 % of the initial amount. They may return
 Ireland                        I        19 •         19          2       a greater portion if there are grounds for believing
 Italy                                 200          153           9       that such portion may not be used in full .
 United Kingdom                          73         656         43
                                       832        2 044         59
                                                                          Member States shall, not later than 1 October 1980 ,
                                                                          notify the Commission of the total imports of the
                                                                          products concerned effected under the Community
                                                                          quotas up to and including 15 Septemberl 980 , and,
 2. The second instalment of each quota, amounting                        where appropriate the proportion of each of their
 to 245, 492 and 35 tonnes respectively, shall make up                    initial shares that they are returning to each of the
 the corresponding reserve.                                               reserves.
 ---pagebreak---                         A rtic/e 6                           3.    Member States shall charge imports of the said
                                                             goods against their shares as and when the goods are
The Commission shall keep account of the shares              entered with customs authorities for home use.
opened by Member States in accordance with Articles
2 and 3 , and shall inform each of them of the extent        4.    The extent to which the Member States' shares
to which the reserves have been used as soon as it
                                                             have been used up shall be established on the basis of
receives the notifications.
                                                             imports counted in accordance with paragraph 3.
It shall, not later than 5 October 1980 ,notify the
Member States of the state of each of the reserves after
                                                                                     Article 8
the return of shares pursuant to Article 5.
It shall ensure that any drawing which uses up a             On receipt of a request from the Commission,
reserve is limited to the balance available and, for this    Member States shall inform it of imports of the
purpose, shall specify the amount thereof to the             products concerned actually, charged against their
Member State which makes the final drawing.                  shares.
                        Artide 7
                                                                                     Article 9
1.    Member States shall take all measures necessary
to ensure that, when additional shares are drawn             The Member States and the Commission shall coop­
pursuant to Article 3, it is possible for imports to be      erate closely in order to ensure that this Regulation is
counted without interruption against their accumu­           respected.
lated shares of the Community tariff quotas.                                        Article 10
2.    Member States shall ensure for importers of the
products concerned established in . their territory free     This Regulation shall enter into force on 1 January
access to the shares allocated to them.                     1980 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels,                           .
                                                                         For the Council
                                                                          The President
 ---pagebreak--- FICHE FINANCIERE
1 . Ligne budgétaire concerné^ : Chap . 12 art . 120                         -
2 . Base juridique : Art 113 du traité
3 . Intitulé de la mesure tarifaire :                .     *          >              •
      Proposition de règlement du Conseil portant ouverture , répartition et mode
      de gestion de contingents tarifaires communautaires pour certains produits
      textiles des positions 55.05 , 55.09 et de la sous-position ex 58.01 du TDC ,
      en provenance de Turquie .
 4 . C jectif î
       tespect des engagements contractés vis-à-vis de la Turquie .
 5 . Mode de calcul :
     - N # du T.D.C.      "                    55.05 , 55.09 et ex 58.01 A
     • Volume do^des contingent ( s )           1.077 , 2.536 et 194 tonnes
     - Droits à appliquer                      0 Z
     - Droits du T.D.C.                S       divers (droits moyens : 6,5 , 14 et 24 %
                                               'avec maximum de perceptiôn de 4 UC /m2
 6 . Perte de recettes :                          t
      Valeur d' une tonnes : 55.05      :    1.894 UCE
                               55.09.   : 3.013 UCE
                            ex 58.01 A : 38.505 UCE
      Perte de recettes :
            55.05    : 2.039.838
                       2.03       υΰΕ χ   6j_5         132.590 UCE
                                           100
                                            14
            55.09      7.640.968 υΰΕ χ              1.069.735 UCE
                                          100
                                           24
         ex 58.01 A    7.469.970 υΰΕ χ
                                          100
                       ■ 1.792.793 ( avec max.
                          de perception de
                          270.000 UCE)                 270.000 UCE
                                                    1.472.325 UCE
       Par rapport à 1979 , "diminution des pertes de 590.418 UCE .