CELEX: 51983PC0545
Language: en
Date: 1983-09-19
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 and originating in Turkey (1984) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 545
Vol. 1983/0206
 ---pagebreak--- Disclaimer
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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
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                            COM (83) 545 final
                                                            Brussels, 19 September 1983
                                  Proposal for a
                          COU N C I L R E G U L A T I O N (EEC)
      opening, allocating and providing for the adminis tr ati on of
      Communi ty tariff quotas for certain textile products falling
      within heading Nos 55.05 and 55.09 and subheading ex 58.01 A
     of the Com mon Customs Tariff and orig ina ti ng in Turkey (1984)
                (submitted to the Council by the Commission)
  C O M(83) 545 final
 ---pagebreak---                                           EXPLANATORY MEMORANDUM
1. As a result of n e g o t i a t i o n s with T u r k e y on thè a d j u s t m e n t s to be made
   to thè A s s o c i a t i o n A g r e e m e n t b e t w e e n th at co u n t r y and t h è C o m m u n i t y and
   thè Ad di t i o n a l P r ot oco l, to ta k e ac ca unt of ne w M e m b e r St at es, thè
   Co mm u n i t y signed in A n k a r a ón 3 0 June -1973 a S u p p l e m e n t a r y Pr ot oco l wh i c h
   enter into forc e on c è it has bè en r a ti fie d.
   In thè me an t i m e , thè C o m m u n i t y has c o n c l u d e d an I n t e r i m A g r e e m e n t whic h
   in th e ó r y runs on ly for thè p e r i o d p r i o r to thè e n t r y in fo r c e of th is
   S u p p l e m e n t a r y Pr ot oco l in o r d e r to i m p l e m e n t , fr o m 1 J a n u a r y 1974, cei—
   tain p r o v i s i o n s of that P r o t o c o l re la tin g to t r a d e in goods.
   At thè moment it is not p o s s i b l e to kn o w *if thè t a r i f f riieasures laid
   down by th e s e A g r e e m e n t s in T u r k e y ' s fa v o u r , sh ou ld be g i v e n for 1984
   on thè basi s of th è S u p p l e m e n t a r y P r o t o c o l or th è I n t e r i m Ag reement.
   The p r o v i s i o n s of thè a n n e x e d R e g u l a t i o n s 'are b a s e d o n thè In terim
   Agreeme nt and sh ou ld thus be 'modified if th è S u p p l e m e n t a r y Pr ot oco l
   enters into force on 1.,January                       1984.
2. In thè a b o v e m e n t i o n e d S u p p l e m e n t a r y P r o t o c o l and I n t e r i m A g r e e m e n t ,
   pr ov i s i o n is made in p a r t i c u l a r in r e s p e c t of t e n t i l e p r o d u c t s
   and until 31 December 1984 for thè openinq of thè following annual
   Community tariff quotas, subject to thè conditions laid down for each
   product :
   CCT heading                                                                 Annual tariff                    Quot a
                                        Description                                                             du ty
           No                                                                     ■ qu o t a
   55.05                      Co tt on yarn, not. put up for                    3 9 0 ‘t o n n e s          75 % re-
                              retai l sale                                                                  duction
   55.09                      Other wove n f a b r i c s of co t ­              1 390 tonnes                75 % re-
                              ton                                                                           duction
 ---pagebreak---                                                    -    2   -
  They also determi ne for t h e s e p r o d u c t s the a l l o c a t i o n among the Me m b e r
  S t a n s of the annual ta r i f f q u o t a s for text,)Le p r od uct s. T h i s a l l o c a t i o n
   is as follows :
   Cotton ya r n (heeding No 55.05)
   Comm uni ty -as o r i g i n a l l y c o n s t i t u t e d                             3 0 0 to n n e s
   Denmark           *                                                                     4 0 to n n e s
   Ireland                                                                                  10 to n n e s
   United Kingdom.                                                                          4 0 to n n e s
    Other woven fa br ics of c o t t o n (h ea d i n g No 55.09)
    Community as o r i g i n a l l y c o n s t i t u t e d                             1 00 0 to n n e s
    Denmark                                                                                  20 tonnes
    Ireland                                                                                  10 to n n e s
    United Ki n g d o m                                                                    3 6 0 to n n e s
3. Whil e ar ticle 14 of th e S u p p l e m e n t a r y P r o t o c o l fixe s su ch an a l l o c a t i o n
  . for a pe r i o d en di ng at 1 J u l y 1977 , th e I n t e r i m A g r e e m e n t f i x e s no
     limit to this, special a l l o c a t i o n , wh i l e coul d be du e t o th e i n i t i a l l y
     limited p e r i o d of v a l i d i t y of th e I n t e r i m A g r e e m e n t a p p l y i n g in
     a n ti cip at ed a p p l i c a t i o n some of t h e p r o v i s i o n s of t h e S u p p l e m e n t a r y
     Protocol.
     The end of the t r a n s i t i o n a l p e r i o d f i x e d by th e Act of A d h e s i o n o n
      1 July 1977 has led th e C o m m i s s i o n t o , r e f l e c t on the q u e s t i o n of
      this allocation, wh i c h has r e s u l t e d in th e p r o p o s a l to have a cP m m o n '
      system of a d m i n i s t r a t i o n of the above tariffxsjuota.s i n v o l v i n g , in ea c h
       case, the op ening of. a si ng le quota, q u a n t i t y 'divided'between the: M e m b e r
       S t a t e s according 'to th e usua-i^ c r i t e r i a a n ^ t h e ^ c r e a t i o n - q f a si n g l e .1;
       Community r e s e r v e o p e n to al.l-'-tyemBer,iStates-.
  A. Another p r o b l e m arises in c o n n e c t i o n with the size of t h e q u o t a s to
       opened for 19n4            in vi ew of the.decision-taken..by th e A s s o c i a t i o n
        Coun. il duri . i June 1973 to grant' T u r k e y t r e a t m e n t as f a v o u r a b l e as
        that gr anted to co un t r i e s b e n e f i t i n g f r o m g e n e r a l i z e d t a r i f f p r e f e ­
        rences.
 ---pagebreak---                                                     ~ 3 -
    As the decisions on the system to be applied to the. developing countries
    will not be taken u p t i l very la te t h i s y e a r , the p resent Commission pro­
   posal for 1984 takes account., for the c a l c u l a t i o n of quota amounts, of
    the generali zed system of preference schema ( t e x t i l e s ec to r) as proposed
    by the Commission.
   ,0n t h i § b a s i s , t^e..volume-of- the Community t a r i f f quotas to be opened
    for 1984 for Turkey should correspond t o those for 1983,                                             that is
           - for cotton yarn                                                   -| 099 tonnes
           - f o r other cotton clot h                                         2 587 tonnes
            - for carpets                                                          208 tonnes
    I t goes without saying t h a t these volumes'should be adjusted i f the
    f i n a l decision taker, in the ge n er ali ze d system of p referen ces does
    not correspond.to the system proposed.'
     In addition,,, the Commission i s aware t h a t - t h i s concession could be
    modified in the context of r e g i s t r a t i o n s to be undertaken with Turkey.
    While awaiting a f i n a l deci sion t h i s proposal c o n s t i t u t e s an instrument
    to respect the Communities' c o n t r a c t u a l engagements.
     Thus, the Commission re serves the r i g h t to modify t h i s proposal during
    the procedure to adapt i t i f necessary to the r e s u l t of the negocia-
     tions. -
5. As regard the economic information t o be used in determining the b a sis
     for the proposed a l l o c a t i o n of th e t a r i f f quotas concerned, i t should
     be remarked t h a t they should be based p r i n c i p a l l y on Member S t a t e s '
     i m p o r ts, . a c tu a l and e sti m at ed , s p e c i f i c a l l y o r i g i n a t i n g in or coming
     from Turkey for the c ategories of products considered.
   .Thus, although i t has been p o s s i b l e to draw up the appropriate informa­
     tio n for the years 1980 to 1982 n e v e r t h e l e s s because of tjie i r r e g u l a r i t y
     noted in imports during those r e fe re n c e y e a r s , i t has not n e c e s s a r i l y
     been pos sibl e to deduce any firm b a s i s of assessment. For t h i s reason,
     as i t is customary, the quo. i volumes a t t r i b u t e d t o the o r i g i n a l
     Community have been divide^ i r o two t r a n c h e s , the f i r s t tranche being
    •allocated among the Member S t a t e s , and t h e second held as a reserve to
     cover any additio n a l requirements which might come .to l i g h t in those
     Member S t a t e s .
 ---pagebreak---                                               - 4-
    fc -r ti-iv su.K' regions the i n i t i a l volumes allo c at ed to the Member States
    Ui,M in the proposals are the same as in, 1983.
6.  The Proposal f o - a Regulation on t e x t i l e products provides for a sin g le
   method of counting imports against quota shares in th e Member Sta te s
   .concerned, namely as and when they are entered for home use.
 ---pagebreak---                                                      P roposat fo r 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 and originating in Turlcey (1 9 8 4 )
THE COUNCIL OF 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 European
Economic Community, and in particular Article 113                   result, this Regulation applies to the Community of
thereof.                                                            Nine; whereas Article 14 of the said Supplementary
                                                                    Protocol only provides for such an allocation of tariff
                                                                    quotas between the Community as originally constituted
Having regard to the proposal from the Commission,                  and the three new Member States until 1 July 1977;
                                                                    whereas, moreover, following the end of the transitional
                                                                    period laid down in Article 3 9 of the Act of Accession, it is
Whereas, pending the entry into force of the
                                                                    necessary to create a common system of administration of
Supplementary Protocol signed in Ankara on 30 June
                                                                    the tariff quotas concerned, consisting in each case of the
 1973 containing the adjustments to be made to the
                                                                     opening of a single quota divided between all the Member
Agreement establishing an Association between the
                                                                     States according to the usual criteria and the creation of a
European Economic Community and Turkey and to the
                                                                     single Community reserve, open to all Member States;
Additional Protocol (') consequent on the accession of
new Member States, the Community has undertaken, in
an Interim Agreement (2) which runs only for the period
prior to the entry into force of this Supplementary
Protocol which is applicable until 31 December 1974 but             Whereas it is desirable to provide for a provisional
 which has been extended for 1984 in accordance with the            adjustment of the tariff advantages for these goods
 terms laid down in Article 13 thereof, to implement                consisting of a total suspension of the customs duties of
certain provisions of the Supplementary Protocol relating           the Common Customs Tariff and an increase in the
 to trade in goods; whereas, under Article 6 of this Interim         quotas; whereas the volumes of the quotas to be opened
 Agreement amending Article 1 of Annex 2 to the                      for 198 4 are therefore 1 099 tonnes for cotton yarn and
 Additional Protocol, the Community must reduce by                   2 587 tonnes for other woven fabrics of cotton;
 75% the customs duties on imports from Turkey of
 certain textile products falling within heading Nos 55.05
 and 55.09 of the Common Customs Tariff, within the
 limit of annual Community tariff quotas of 390 tonnes for           Whereas, pursuant to Article 1 of Annex 2 to the
 cotton yarn and 1 390 tonnes for woven fabrics of cotton;           Additional Protocol together with Article 2 of the Interim
 whereas the abovcmcntioncd Article 6 allocates these                Agreement, for the duration of 1984 in particular, the
 Community tariff quotas as follows:                                 Community must partially reduce the duties applicable in
                                                                     respect of third countries to carpets, carpeting and rugs,
                                                                     knotted (made up or not) of wool or of fine animal hair
 — for cotton yarn:
                                                                     (excluding handmade carpets, carpeting and rugs)
                                                                     imported from Turkey; whereas it also appears advisable
      300 tonnes to the Community as originally
                                                                     to improve this tariff advantage provisionally by means of
      constituted, 40 tonnes to Denmark, 10 tonnes to
                                                                     a total suspension of the duties applicable to the products
      Ireland and 40 tonnes to the United Kingdom;
                                                                     in question within a Community tariff quota fixed at a
                                                                     provisional level of 208 tonnes for 1984;
 — for woven fabrics of cotton:
      1 000 tonnes to the Community as originally
      constituted, 20 tonnes to Denmark, 10 tonnes to
      Ireland and 360 tonnes to the United Kingdom;                  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 119 of the 1979 Act            the rate laid down for those quotas to all imports of the
  of Accession, the Council adopted Regulation (EEf No               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 I. 293, 29. 12. 1972, p. 4.
 (2) OJ No I. 277, 3. 10. 1973, p. 2.                               (J) OJ No L 382, 31. 12. 1980, p. 1.
 ---pagebreak---                                                            - 2 -
can best be res-'ectei by allocating the Community tariff         statistics for the majority of the Member States the
,TJOta.i .'P’on^ tl e ’/iw ibt· States; whereas, in order to      Community character of the tariff quotas concerned
reflect most accurately t’.e actual development of the            should be safeguarded by making provisions to cover
market fo, th( prnc'. :r,s concerned, such allocation shall       needs which might arise in these Member States;
be in proportion n the needs of the Member States,
assessed by refert nee both to the statistics of each State’s
itr.ooits from Turk· y over a representative period and to
the ttonomic outlook for the quota period concerned;              Whereat imports into the various Member States from
 -vh reas, in sp.te o! the limited need for imports from          Turkey were as follows during the past three years for
Tu.kcy of the products concerned, as shown by the                 which complete statistics are available:
                                                   1980                   1981                     1982
                                            Tonnes          %     Tonnes          %         Tonnes         %
               Cotton yarn
               Benelux                     7 956        14.61    13 098 15.73            16 064         21.14
               Denmark                                                  49       0.06              0      0
               Germany                    21 95§        4 8 :§2  29 611 35.56            25 222         33.19
               Fiano-                      2 2 02         4.05    3 025         3.63       2 622          3.45
               Ireland                          87        0.16          46 0.06                  15       0 .0 2
               Italy                                    36.90
               United Kingdom
                                          20 089                 29 750 35.73            27 883         36.70
                                           2 139          3.93    7 690 9.23               4 179          5.50
                                          54 434                 83 269                  75 985
               Other ivoven fabrics
               of cotton
               Benelux                        2 81      15.82         170       6.16           761       7.83
               Denmark                            0      0                1     0.04              1       0 .0 1
               Germany                        162        9.12         567      20.56       2 590       26.64
               France
               Ireland                        224       12.62         412      14.93       1 150        11 .83
               Italy                              0      0                0     0               15        0.16
               United Kingdom              1 .026       57.77         923      53.45       2 707        27.84
                                                87       /, A7        ASA      24 aS*      2 498        ?ç 40
                                           1 776                  2 759                    9 722
Whereas, in view of these figures and foreseeable Vnarket          two instalments, the first instalment being allocated to the
 trends for the products concerned during 1984 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 woven         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 State . the quota volumes should be divided into            many times as each of the reserves allows; whereas each
 ---pagebreak---                                                               - 3 -
of the initial and additional quota shares must be                not put up for retail sale, 2 044 tonnes for other woven
available for use until the end of the quota period;              fabrics of cotton and 167 tonnes for carpets, carpeting
whereas this method of administration calls for close             and rugs of wool or of tine animal hair, shall be shared
cooperation between Member States and 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 1984, shall be
observe the extent to which the quota amount is used and          as follows:
inform Member States thereof;
                                                                                                                            (tonnes)
Whereas, at a specified date in the quota period, a
considerable balance remains in one or other Member                                                       CC'T heading No
State it is essential that that Member State pays a                       Member States
                                                                                                   55.0S       S.S.09   ex 58.01 A
percentage of it back into the corresponding reserve, in
order to prevent a part of one or other of the Community
                                                                  Benelux                           1.14         410          16
quotas from remaining unused in one Member State
                                                                  Denmark                             72           37         16
when it could be used in others;
                                                                  Germany                           298          308          40
                                                                  France                              .16        461          28
Whereas the Kingdom of Belgium, the Kingdom of the
                                                                  Ireland                             19           19          2
Netherlands and the Grand Duchy of Luxembourg are                                                                 153
                                                                  Italy                              200                      20 ,
 united within and jointly represented by the Benelux
                                                                  United Kingdom                      73         656          45
 Economic Union, all transactions concerning the
 administration of shares granted to the abovementioned                                              832       2 044         167
 economic union may be carried out by any one of its
 members,
                                                                   2. The second instalment of each quota, amounting to
                                                                   267, 543 and 41 tonnes respectively, shall make up the
                                                                   corresponding reserve.
 HAS ADOPTED THIS REGULATION:
                             Article l
  1. From 1 January to 31 December 1984 ^Community                                             Article 3
 tariff quotas shall be opened in the Community ot Nine
 for the following products coming from Turkey, as
                                                                   1.     If 90% or more of one of any Member State’s initial
 shown below:
                                                                   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
       CCT                                                          Member State shall without delay, by notifying the
      heading                 Description          Quota            Commission, draw a second share in the quota equal to
        No                                                          15 % 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                      1 099
  55.09           Other woven fabrics of cot­
                  ton                              2 587            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
                                                                    of the Member States has been used up, that Member
                  (made up or not)
                                                                    State shall, in the manner provided for in paragraph 1,
                  ex A. Of wool or of fine
                          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
                                                                    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 T .intf 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.
                               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 than those fixed in those
    Article 1(1), which shall be 832 tonnes for cotton yam           paragraphs if there is reason to b elie '.th a t those shares
 ---pagebreak---                                                           - 4 -
inr'ht i oi b u ,cu up. They shall inform the Commission                                   Article 7
of hen nas >ns          applying this paragraph.
                                                                1.    Member States shall take all measures necessary to
                                                                ensure that, when additional shares are drawn pursuant
                            Article 4                           to Article 3, it is possible for imports to be counted
                                                                without interruption against their accumulated shares of
Tiach o; the a Tdft or;al shares drawn pursuant to Article 3    the Community tariff quotas.
shall be vaii r ui tit 31 December 1 9 8 4 .
                                                                2.    Member States shall ensure for importers of the
                            Article 5                           products concerned
                                                                free access to the shares allocated to them.
The Member States shall return to the reservr, not later
than 1 October j 98 4 the unused portion of their nitial        3.    Member States shall charge imports of the said
share which , on : 3 September 1 984 is in excess of 20 %       goods against their shares as and when the goods are
of the initial amount. They may return a greater portion if     entered with customs authorities for free circulation.
there are ground» for believing that such portion 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 Stares shall, not later than 1 October 1984              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 1984 and,
where appropriate, the proportion of each of their                                         Article 8
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 chargèd against their shares.
                            Article 6
The Commission shall keep account of the shares opened
by Member States in accordance with Articles 2 and 3,
and shall inform each of them of the extent to which the                                   Article 9
reserves hn e been used as soon as it receives the
notification ·.                                                 The Member States and the Commission shall cooperate
                                                                closely in order to ensure that this Regulation is
It shall, not later than 5 October 1914, n otify 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.                                   1984.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels,
                                                                                 For the Council
                                                                                  The President