CELEX: 51982PC0634
Language: en
Date: 1982-10-12
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 (1983) (submitted to the Council by the Coomission)

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COM (82) 634
Vol. 1982/0198
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(82)634 final
                                                          Brussels , 12 October 1982
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                                           Proposal for a                                        >
                                         COUNCIL REGULATION ( EEC )                               i
          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 ( 1983 )
                  ( submitted to the Council by the Coomission )
                                         J           *          -                .       •
                ■ ■ '•                                                                     'X
                                                              Ί              '
 COM ( 82 ) 634 final
 ---pagebreak---                                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 6n 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 1983
    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 1983 .
2 . In the abovementioned Supplementary Protocol and interim Agreement ,
    provision is made in particular in respect of texti le products for
    the opening of the following , annual Community tariff quotas , subject
    to the conditions laid down for each product :
               •                             i
    CCT heading                                    Annual tariff         Quota
        No ' J
                          . Description
                                                      quota              duty
                                                                    Ï
    55.05          Cotton yarn , not put up for     390 'tonnes       75 % re-
                   retâi I sale                                       duction
    55.09  *       Other woven fabrics of cot-      1 390 tonnes      75 % re-
                   ton                                                duction
 ---pagebreak---         They also determine for these products the .allocation among the Member
                                                              I                                   '
        States of the annual tariff quotas for textile * products . This allocation
                                                            'fr ■
         is as follows        -
                  3*'              .                                \ ■
        Cotton ya'rn ( heading No 55.05 )                                                   ,
       "              ' i                                                      '7       ••
      :£ommunity-as Originally constituted                                        300 tonnes
   . Denmark           ï ;                                                    " 40 tonnes
        Ireland • ./ -          \                                                 ? 10 tonnes          .' ■ =
        United Kingdom.                                                             40 tonnes
            •'   . it      ^                                                                  ■■ • .
       Other woven fabrics of cotton ( heading No 55.09 )
        Community as originally constituted                v                '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 . ■ . ,                               ."'V'          ■' ' \ \" ;
        The end of the transitional period fixed by the Act of- Adhesion on
         1 July 1977 has led the Commi ssion to . reflect- on the question of ,
        this allocation^ which has resulted in the^roposal to have a c6mmon '
         system of administration of' -it he above tarif^quotas ■involving , in each
 . case , the opening of., a sihcfle.^quotav quant ity"''&i'vided" between the: Member
         States according to the usual-' criteria "anckthe^creation of la single .V
         Community reserve open- to aU^Memb^riStatesv:^'                                            -
4 . Another problem arises in connection with the size of                      the quotas to '
         opened for 1983 , in view of the' , decision taken.by the             Association
         Counci I during June 1973 to graniC. Turkey treatment as              favourable as
         that granted to countries benefiting 'from generalized                tariff prefe­
         rences . ■                       ;• :i - • 'L          •v                              i' *.-
 ---pagebreak---                                                    - 3 -     •
   As the decisions on toe system to be applied to the . developing countries
   will not bo taken uptil very late this year , the present Commission pro­
   posal . for 1933 taKes account ., for the calculation of quota amounts , of
   the generalized system cf preference schema ( textile sector ) as proposed ,
   by the Commission .                                   _     '
  ,0n thi ^ basis ,, t^e volume' of- the Community tariff quotas to be opened
   for 1983. for Turkey should correspond to those for 198?, plus 5% , that is
 rer ': nto for      cat *.   t h e;,s> . bse'n . r _                                           V.
        - for cotton yarn                                  S         1 154 tonnes "
      -    for ofhe'r cotton 'cloth 'vs               •"           • 2 716 tonnes        " .
        - for carpets       ~    •         .   u    ,            ■     208 tonnes
   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'contractual engagements .
   Thus , the .Commission reserves the right to modify this proposal during                      '
   the procedure to adapt it if necessary to the result of the negocia-
_ tions .
   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 .
JThus , although " •*t has been possible to draw up the appropriate informa­
   tion for the years 1978 to 1980 , nevertheless because of the - i rregularity
   noted in imports duri-ig those reference years , it has not necessarily
   been jaossible ■ 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 Str.tes , and the second held as a reserve to .
   cover any additional rcq' -irsrctii'.s which might come .to light in those
  Member States.' I                                                                 ' "»  .
 ---pagebreak---  for the- sa.ne reasons the initial volumes allocated to the Member States
 usifa in the proposals are the same as in , 1982.'                 .
 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---                                                              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 ancj subheading ex 58.01 A
                                 of the Common Customs Tariff and originating in Turkey ( 1983 )
 THE COUNCIL OI^ THE EUROPEAN COMMUNITIES,                                         arrangements to be applied with regard to imports into
                                                                                   Greece, originating in Algeria , Israel , Malta , Morocco,
                                                                                   Portugal , Syria , Tunisia or Turkey ( 3 ); whereas , as a
 Having regard to the Treaty establishing the Earopean                    or
 Economic Community , and in particular Article 113                                result , this Regulation applies to the Community of
 thereof,-             tor                    •-.•vjui.d corresp or Nine ;                      . . .. ^-
 Having regard to the proposal from the Commission ,
                                                                                  Whereas Article 14 of the said Supplementary Protocol
                                                                                  only provides fpr such an allocation of tariff quotas
 Whereas, pending C the-- entry * 'iht$ f< jlrft? <"of the                        between the Community as originally constituted and the
 Supplementary Protpcol signed in Ankara on 30 June                               three new Member States until 1 July 1977 ; whereas ,
 1973 containing th£ adjustments to be made lo the                                moreover , following the end of the transitional period
 Agreement establishing an Association^- ,bgryveea th,e»                          laid down in Article 39 of the Act of Accession , it is
 European Economic Community and "turkey and to the                               necessary to create a common s\ stem of administration of
 Additional Protocol 4' ) consequent . on the accession of al' the tariff quotas concerned , consisting in each case of the
 new Member States, the Community has undertaken , in                             opening of a single quota divided between all the Member
                                                                       'Si
 an Interim Agreement ( 2 ) which runs onl /'for the period                       States according to the usual criteria and the creation of a
 prior to the entry into force of this - Supplementary •                          single Community reserve, open to all Member States;
 Protocol which is applicable until 31 December 1 974 but
 which has been extended for 1 9$ 3> n accordance with the'r r si
 terms laid down in Article 13 thereof, to implement 1 f Whereas it is desirable to provide for a provisional
 certain provisions of the Supplementary Protocol relating                        adjustment of the tariff advantages for these goods
 to trade in goods; whereas , under Article-6;of this Interim^ " 'Cl consisting of a total suspension of the customs duties of
 Agreement amending Article 1 of Annex 2 to the                                   the Common Customs Tariff and an increase in the
 Additional Protocol , the Community musr* reduce , by-                           quotas; whereas the volumes of the quotas to be opened
 75 % the customs duties on imports from Turkey of                                for 1983 are therefore l154 tonnes for cotton yarn and
 certain textile products falling within heading Nds .S5.05                     2 '71 6 tonnes for other woven fabrics of cotton ;
 and 55 . Q9 pf the Common Customs Tariff, within the
 limit of annual Community tariff quotas of 390 tonnes for
 cotton yarn and 1 390 tonnes for woven fabrics of cotton;
                                                                                  Whereas, pursuant to Article 1 of Annex 2 to the
 whereas the aboyementioned jAr-ticle 6 allocates^ these-> ·: 1               ι
 Community "tariff quotas as follows:
                                                                                  Additional Protocol together with Article 2 of the Interim
                                                                       t-    i    Agreement, for the duration ol 1982 in particular , the
                                                                                  Community must partially reduce the duties applicable in
       for cotton yarn:                                        o ?    uasf        respect of third Countries to carpets , carpeting and rugs,
                                                                                  knotted ( made up or not ) of wool or of fine animal hair
       300 tonnes to the Community" 'aboriginally -                               (excluding handmade carpets , carpeting and rugs)
      constituted , 40 tonnes to . Denmark, v10 tonnes tov Pi imported from Turkey ; whereas it also appears advisable
       Ireland and 40 tonnes to the United Kingdom ;                              to improve this tariff advantage provisionally by means of
                                                                                  a total suspension of the duties applicable to the products
                                                        'H pwtî'ibi               in question within a Community tariff quota fixed at a
–     for woven fabrics of cotton :
                                                       ;:0             ne-        provisional level of 20 8 tonnes for 1983 ;
       1 000 tonnes to the Community as,              ;is originally .
       constituted , 20 tonnes to Denmark , 10 tonnes to
       Ireland and 360 tonnes to the United Kingdom        o
                                                                ;?, .  ij --:,
                                                                                 Whereas, it is necessary to guarantee to all Community
                                                                                 importers equal and uninterrupted access to the
                                                                                 abovementioned quotas and uninterrupted application of
Whereas , in accordance with Article 1 1 9 of the 1 979 Act                      the rate laid down for those quotas to all imports of the
of Accession , the Council adopted Regulation:(EEC ) No £ wc product concerned into all Member States until the quota
3555 / 80 of 16 December 1980 determining the                                    has been used up ; whereas , in the light of the principles
                                                                                 mentioned above, the Community nature of the quotas
( ' ) OJ No L 293 , 29 . 12 . 1972 , p . 4 .
(2 ) OJ No L 277 , 3 . 10. 1973 , p . 2 .                                       ( 3 ) OJ No L 382 , 31.12 . 1980 , p. I .
 ---pagebreak--- can best be respected by allocating the Community tariff           statistics for the majority of the Member States the
quotas among the Member States; whereas , in order to              Community character of the tariff quotas concerned
reflect most accurately the actual development ol the              should be safeguarded by making provisions to cover
market for the products concerned , such allocation shall          needs which might arise in these Member States;
be in proportion to the needs of the Member States ,
assessed by reference both to the statistics of each State's
 imports from Turkey over a representative period and to
the economic outlook for the quota period concerned ;              Whereas imports into the various Member States from
whereas, in spite of the limited need for imports from             Turkey were as follows during the past three years for
Turkey of the products concerned , as shown by the                 which complete statistics are available :
                                                    J 978                  1979                      1980
                                            Tonnes           %      Tonnes         %         Tonnes         %
               Cotton yarn
               Benelux                    12 565            17-50 1 5 774         19-62        2 520        5-09
               Denmark                           1-2         0-01      24-4        0-03           14        0-03
               Germany                   27 95 1            38-94 29 192          36-29      21 973        44-37
               France                       2 797            3-90   2 357          2-93        2 650        5-35
               Ireland                        246-5          0-34     557          0-72           87        0-18
               Italy                     22 28H-7           31-04 26 909          33-47      20 136        44-66
               United Kingdom               5 939            8-27   5 577          6-94        2 140        4-32
                                         70 78K-4          100    80 390-4       100         49 520       100
               Other woven fabrics
               of cotton
               Benelux                        537           33-08     165         12-55          290        0-66
               Denmark                           «•4         0-02       0-6        0-04            1        0-01
               Germany                        437           26-92     298         22-67      42 351        96-13
               France                         161            9-92     270         20-54          270        0-61
               Ireland                            1          0-06      36-5        2-78            0        0
               Italy                       -  295           18-17     249-6       18-98        1 028        2-33
               United Kingdom                  192          11-83     295         22-44          115        0-26
                                            1 623-4        100      1 314-7      100         44 055       100
Whereas, in view of these figures- and foreseeable market          i wo instalments, the first instalment being allocated to the
trends for the products concerned during 1983, the initial         Member States , and the second held as a reserve intended
shares may be fixed approximately at the following                 ultimately to cover the requirements of those Member
percentages:                                                       States which have used up their initial shares; whereas, in
                                                                   order to ensure a certain degree of security to importers,
                                                Other woi 'en      the first instalment should be determined at a relatively
                                 Cotton
                                                 fabrics of        high level , which , under present circumstances, may be
                                   yarn             cotton         about 80 % of each quota volume;
Benelux                          16-11              20-06
Denmark                            8-65               1-81
Germany                          35-82              15-07          Whereas the initial quota shares of the Member States
France                             4-33             22-55          may be used up at different times; whereas, in order to
Ireland                            2-28               0-93         take this fact into account and avoid any break in
Italy                            24-04   -            7-49         continuity, it is important that any Member State having
United Kingdom                     8-77             32-09          used up almost the whole of one of its initial quota shares
                                                                   should draw an additional quota share , from the
                                                                   corresponding reserve; whereas , this must be done by
Whereas , in order to take into account the uncertainty            each Member State as and when each of its additional
of the import trends for the products concerned in the             quota shares is almost entirely used up, and repeated as
Member States, the quota volumes should be divided into            many times as each of the reserves allows; whereas each
 ---pagebreak---      of the initial and additional quota shares must be                          not put up for retail sale, 2 140 tonnes for other woven
     available for use until the end of the quota period ;                      fabrics of cotton and 1 67 tonnes for carpets , carpeting
     whereas this method of administration calls for close                      and rugs of wool or of fine animal hair , shall be shared
     cooperation between Member States anil the                                 among the Member States ; the shares which , subject to
     Commission, which must , in particular , be able to                        Article 5 shall be valid until 31 December 1982 , shall be
     observe the extent to which the quota amount is used and                   as follows :
     inform Member States thereof;
                                                                                                                                             ftonnes )
     Whereas, at a specified date in the quota period , a
     considerable balance remains in one or other Member                         ■ Hi . Ά      ν,--:.: , ■ _                CCT heading No
                                                                                            Member States
     State it is essential that that Member State pays a                                                            55.05 .     5.5.09   ex 58.01 A
^-perctntage df it back into the corresponding reserve , in
' rorder to prevent a part of one or other of the Community                     Benelux                             140        430             16
     quotas from remaining unused in one Member State                           Denmark                               76         39            16
 ^;hei\ it,couW .be used m others;                           -,i-              Germany '                            313        323             40
                                                                                France      · " il "                  38       484             28
     Whereas the Kingdom of Belgium , the Kingdom of the                        Ireland                               20         20              2
 ^Netherlands; and the Grand Duchy of Luxembourg are                            Italy
 ' united within and jointly represented by the Benelux                                                             210        161             20
                                                                                United Kingdom                        77       * 89            4S
  : Economic ' Union , all transactions concerning the
     administration of shares granted to the abovementioncd                                                         874        21 4i        167
  economic union may be carried out by any one of its
     members ;            ^
  nt -      vicitibc :                       ■■■■ '■
                                                                               2.         The second instalment of e tch quota , amounting to
                                                                             280 , 570 and41 tonnes respectively, shall make up the
  pr /- r - ir- .                            •       •                         corresponding reserve.
    HAS ADOPTED THIS REGULATION :
   'Λ' Γ;
   î>!'             •ί
                                         Article 1
     1.        Frosi 1 January to 31 December 1983, Community                                                  Article A ■.
     tariff quotas shall be opened in the Community of Nine
    for the following products coming from Turkey , as
    .shown below :
                                                                                1 . '■ If 90% or more of one of aiiy Member State's initial
                                                                                shares , as laid down in Article 2 1 ) or 90 % of that share
                                                                    (tonnes)
                                                                                less the amount returned into the corresponding reserve ,
                                                                                where Article 5 has been applied , has been used up , that
     cc:i :'¿cr                                                                 Member State shall without delay , by notifying the
        ''heading                        Description              Quota         Commission , draw a second share in the quota equal to
     ; ·      No . '.·(·
                                                                                 ! 5 % of its initial share , rounded up to the next unit where
                                                                                appropriate, to the extent that the amount in the reserve
    55.05                    Cotton yarn , not put up for                       allows.
                             retail sale                          1  154
     55.09                   Other woven fabrics of cot-          2 716
                             ton                                                2.        If, after one or other of its initial shares has been
                                                                                used up , 90% or more of the second share drawn by one
     58.01                 • Carpets , carpeting and rugs
                             ( made up or not )
                                                                                of the Member States has been used up , that Member
                             ex A. Of wool or of fine
                                                                                State shall , in the manner provided for in paragraph 1 ,
           t·
                                     animal hair excluding                      draw a third share equal to 7-5 % of its initial share .
                                     handmade carpets , car­
                                     peting and rugs                 208        3.        If, after one or other of its second shares has been
                ■ ' : Λ ■
                                                                                used up , 90% or more of the third share drawn by a
                                                                               Member State has been used up , the latter shall , in the
     2.        The duties of the Common Customs Tariff are                      same manner, draw a fourth share equal to the third .
     totally suspended for these tariff quotas .
                                                                               This procedure shall be followed until the reserve has
                                                                               been exhausted .
                 . . ? v ..              Article 2
                                                                                4.        Notwithstanding paragraphs 1 , 2 and 3 , Member
      1.       A first instalment of each of the quotas referred to in          States may draw smaller shares th.in those fixed in those
     Article 1 ( 1 ), which shall be 874tonnes for cotton yarn                  paragraphs if there is reason to believe that those shares
 ---pagebreak--- might not be used up . They shall inform the ( ommission                                    Article 7
of their reasons for applying this paragraph .
                                                                  1.    Member States shall take all measures necessary to
                             Article 4
                                                                 ensure that , when additional shares are drawn pursuant
                                                                 to Article 3 , it is possible for imports to be counted
                                                                 without interruption against their accumulated shares of
Each of the additional shares drawn pursuant to Article 3        the Community tariff quotas .
shall be valid until 31 December 1983.
                                                                  2.    Member States shall ensure for importers of the
                             Article S                           products concerned ,                                    free
                                                                 access to the shares allocated to them .
The Member States shall return to the reserx e , not later
than 1 October 1983, the unused portion of their initial         3 . Member States shall charge imports of the said
share which , on 15 September 198 3 is in exi ess of 20%         goods against their shares as and when the goods are
                                                                 entered with customs authorities for free circulation .
of the initial amount . They may return a greater portion if
there are grounds for believing that such port ion may not
be used in full .                                                4.     The extent to which the Member States' shares have
                                                                  been used up shall be established on the basis of imports
Member States shall , not later than 1 Ociober l l>8 3            counted in accordance with paragraph 3 .
notify the Commission of the total imports of the
products concerned effected under the Community
quotas up to and including 15 September 198 3 and ,
where appropriate , the proportion of each of their                                         Article H
initial shares that they 'are returning to each of the
reserves .                                              .        On receipt of a request from the Commission , Member
                                                                 States shall inform it of imports of the products concerned
                                                                  actually charged against their shares.
                             Article 6
The Commission shall keep account of the shares opened
by Member States in accordance with Armies 2 and 3 ,
and shall inform each of them of the extent to which the                                    Article 9
reserves have been used as soon as it receives the
notifications.                                                    The Member States and the Commission shall cooperate
                                                                  closely in order to ensure that this Regulation is
 It shall , not later than 5 October 198 3 notify the Member      respected .
States of the state of each of the reserves after the return of
shares pursuant to Article 5 .
 It shall ensure that any drawing which uses up a reserve is                                Article 10
 limited to the balance available and , for this purpose,
 shall specify the amount thereof to the Member State             This Regulation shall enter into force on 1 January
 which makes the final drawing.                                   198 3 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels ,
                                                                                  For the Council
                                                                                   The President