31972R2291

Official Journal of the European Communities 3

1.11.72 Official Journal of the European Communities No L 248/1

REGULATION (EEC) No 2291/72 OF THE COUNCIL of 31 October 1972 opening, allocating and providing for the administration of a Community tariff quota for the treatment of certain textile products in Community outward processing traffic

THE COUNCIL OF THE EUROPEAN COMMUNI­ reserved for the processing of articles falling TIES, within certain Common Customs Tariff headings between 58.04 and 60.01 ; Having regard to the Treaty establishing the Whereas for the period 1 September 1972 to European Economic Community and in parti­ 31 August 1973 the Community customs quota cular Article 113 thereof; in question should be opened, in accordance Having regard to the proposal from the with the procedures laid down in the above­ Commission; mentioned arrangement, as amended; . Whereas the Community concluded an arrange­ Whereas, it is in particular necessary to ensure ment with Switzerland on 1 August 1969 on equal and uninterrupted access to all those processing traffic in textiles; whereas pursuant concerned in such Community traffic to to this arrangement, the Community declared the abovementioned quota and uninterrupted itself ready to proceed to the opening of an application of the rate laid down for that annual duty-free .Community tariff quota on quota to all re-imports into all Member States 1 September of every year, to a total of until the quota of products which have under­ 1 870 000 value-added units of account, in gone one or other of the above processes have respect of goods arising from processing, to be been used up; whereas having regard to the apportioned as follows : principles mentioned above, the Community (a) 1 650 000 units of account for the processing nature of the quota can be respected by allo­ of fabrics falling under Chapters 50 to 57 of cating the Community tariff quota among the the Common Customs Tariff; Member States ; whereas it is therefore sufficient to allocate this quota on the basis of traffic (b) 143 000 units of account for twisting, developed under former bilateral agreements throwing, multiplying, cabling and texturis­ without prejudicing the opportunities to be ation (even combined with other processes) offered to Member States who did not pre­ of yarns falling under Chapters 50 to 57 of viously have recourse to this kind of traffic; the Common Customs Tariff; whereas, in order to safeguard the Community character of the quota in question, provisions (c) 77 000 units of account for the processing of articles falling under headings 58.04, should be made to cover possible needs which 58.05 , 58.07, 58.08 , 58.09 and 60.01 of the might arise in the Member States ; whereas the Common Customs Tariff; method described in Article 3 of this Regulation makes it possible as an exception to take this Whereas, however, in order to make the element into account where initial shares have allocation of the total amount of the quota not been granted; between the three categories of processing mentioned above correspond better with the Whereas, in order to take into account the pattern of trade which actually developed possible trend of traffic in the different Member during the year under review, it was decided by States, the quota amount of 1 870 000 units of common agreement to transfer 150 000 units of account should be divided into two instalments, account from the 1 650 000 units of account the first instalment being allocated among allocated to the processing of fabrics falling the Member States , and the second forming a under Chapters 50 to 57 of the Common reserve intended ultimately to cover require­ Customs Tariff to the 77 000 units of account ments of Member States when their initial

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quota shares are used up and requirements approved processing traffic, Common Customs which may arise in certain Member States as Tariff duties shall be totally suspended for an regards processing for which an initial quota annual Community tariff quota of 1 870 000 share has not been granted; whereas , in order to value-added units of account, in respect of ensure a certain degree of security to those goods resulting from the processing operations concerned in each Member State the first provided for in the arrangement with Switzer­ instalment of the Community tariff quota land on processing traffic in textiles , and shall should be determined at a relatively high level, be allocated as follows : which, under present circumstances, may be ( a) 1 500 000 units of account for the processing 90 % of the quota amount; whereas the reserve of fabrics falling under Chapters 50 to 57 of percentage (approximately 10 % ) must be the Common Customs Tariff; applied , to each category of processing in pursuance of the arrangement in question; (b) 143 000 units of account for twisting or throwing, multiplying, cabling, texturisa­ Whereas the initial quota shares of those Member States may be used up at different ^ tion (even combined with other processes) of the yarns falling under Chapters 50 to 57 times; whereas, in order to take this fact into of the Common Customs Tariff; account and avoid any break in continuity, it is important that any Member State having (c) 227 000 units of account for processing of used up almost the whole of its initial quota articles falling under the following tariff share should draw an additional quota share headings in the- Common Customs Tariff: from the reserve; whereas this must be done 58.04 Woven pile fabrics and chenille by each Member State as and when each of its fabrics (other than terry-towelling additional quota shares is almost entirely used or similar terry fabrics of cotton up, and repeated as many times as the reserve falling within heading No 58.05) allows; whereas the initial and additional quota shares must be available for use until the end of 58.05 Narrow woven fabrics, and narrow the quota period; whereas such method of fabrics (bolduc) consisting of warp administration calls for close cooperation be­ without weft assembled by . means tween Member States and the Commission, of an adhesive, other than goods which must, in particular, be able to observe falling within heading No 58.06 the extent to which the quota amounts are used and inform Member States thereof; 58.07 Chenille yarn (including flock chenille yarn), gimped yarn (other Whereas if, at a specified date in the quota than metallised yarn of heading period, a considerable balance of one of the No 52.01 and gimped horsehair initial shares remains in one or other Member yarn); braids and ornamental State it is essential that that Member State trimmings in the piece; tassels, pays a large amount of it back into the cor­ pompons and the like responding reserve, in order to avoid a part of 58.08 Tulle and other net fabrics (but not one or other of the Community quotas re­ maining unused in one Member State when it including woven, knitted or cro­ could be used in others ; cheted fabrics), plain Whereas since the Kingdom of Belgium, the 58.09 Tulle and other net fabrics (but not including woven, knitted or cro­ Kingdom of the Netherlands and the Grand cheted fabrics), figured; hand or Duchy of Luxembourg are united in and represented by the Benelux Economic Union in mechanically made lace, in the piece, in strips or in motifs the apportionment of the tariff quota in ques­ tion, all transactions concerning the administra­ 60.01 Knitted or crocheted fabric, not . tion of shares granted to the abovementioned elastic nor rubberised . Economic Union may be carried out by any one of its members, 2 . For the purposes of application of this Regulation: HAS ADOPTED THIS REGULATION: (a) processing' means: Article 1 — for the purposes of paragraph 1 (a) and (c): bleaching, dyeing, printing, flock­ 1 . As from 1 September 1972 and until ing, impregnating, dressing and other 31 August 1973 , and within the framework of operations which alter the appearance

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or quality of a product, without, (c) for Italy: however, changing its natural state 20 000 units of account, half of which — for the purposes of paragraph 1(b): shall be for the twisting or throwing, twisting or throwing, multiplying, multiplying, cabling and texturisation cabling and texturisation, even (whether or not combined with other combined with spooling, dyeing and forms of processing) or yarn under other processes which change the Chapters 50 to 57 of the Common Customs appearance, the quality or the packaging Tariff, and half for the processing of or the goods , without, however, fabrics under chapters 50 to 57 or of changing their nature; . articles under headings 58.04, 58.05, 58.08 , 58.09 and 60.01 of the Common Customs (b) 'value added' means : the difference between Tariff : the customs value as defined in Regulation (EEC) No 803/68 ,1 and the customs value (d) for Benelux: which would be established on reimporta­ 30 000 units of account for the processing tion if the products were imported in the of yarn and fabrics under Chapters 50 to 57 state in which they were exported. or of articles under headings 58.04, 58.05 , 58.07, 58.08 , 58.09 and 60.01 of the Common Customs Tariff. Article 2 2 . The second instalment of the Community 1 . A first instalment, amounting to 1 700 000 tariff quota, amounting to 170 000 units of units of account of this Community tariff account, shall make up the Community reserve, quota , shall be shared among the Member which shall be divided into 150 000, 13 000 and States; the proportions which, subject to the 7000 units of account for the forms of processing provisions of Article 6, shall be valid for each referred to in Article 1 ( 1 ) under (a), (b) and (c) of the Member States from 1 September 1972 respectively. to 31 August 1973 shall consist of the following amounts : Article 3 (a) for Germany: 1 070 000 units of account, divided as If there is a demand for the forms of processing follows : referred to in Article " 1 ( 1 ) (b), that Member State shall draw the appropriate share from the — 900 000 units of account for processing reserve, to the extent that the amount of the fabrics under Chapters 50 to 57 of the latter allows . Common Customs Tariff, — 120 000 units of account for the twisting That Member State shall take • the necessary or throwing, multiplying, cabling and measures to inform the persons concerned of texturisation (whether or not combined this possibility . with other forms of processing) of yarn under Chapters 50 to 57 of the Common Customs Tariff, Article 4 — 50 000 units of account for processing articles under headings 58.04, 58.05 , 1 . If 90 % or more of one of the initial 58.07, 58.08 , 58.09 and 60.01 of the shares of a Member State, as laid down in Common Customs Tariff; Article 2 ( 1 ), or 90 % of that share less the amount returned into the corresponding reserve, (b) for France: where the provisions of Article 6 have been — 430 000 units of account for processing applied, has been exhausted, that Member fabrics under Chapters 50 to 57 of the State concerned shall proceed without delay, Common Customs Tariff, by notifying the Commission to draw a second share equal to 10 % of its initial share, to the — 150 000 units of account for processing extent that the amount in the corresponding articles under headings 58.04, 58.05, reserve allows . 58.07, 58.08 , 58.09 and 60.01 of the Common Customs Tariff : 2 . If, after one or other of these initial shares has been exhausted , 90 % or more of 1 OJ No L 148, 28.7.1968 , p. 1 . the second share drawn by a Member State has

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been used, that Member State shall proceed the notifications. The Commission shall, not without delay, by notifying the Commission, later than 15 June 1973 , notify Member States to draw a third share equal to 5 % of its initial of the state of each of the reserves after the share, to the extent that the amount in the return of quota shares pursuant to Article 6. corresponding reserve allows . The Commission shall ensure that any drawing which uses up one of the reserves is limited to 3 . If, after one or other of the second shares the balance available and, for this purpose, has been exhausted, 90 % or more of the third shall specify the amount thereof to the Member share drawn by a Member State has been used, State which makes the final drawing. that Member State shall proceed, pursuant to the provisions of paragraph 2, to draw a fourth share equal to the third. That process shall be applied by analogy until each reserve is ex­ Article 8 hausted. 1 . The Member States shall administer their 4 . Notwithstanding the provisions of para­ shares in accordance with the system of advance graphs 1 , 2 arid 3, each Member State may allocation . proceed to draw shares smaller than those fixed in those paragraphs if there is reason to 2 . The Member States shall take all measures believe that those shares might not be used up. necessary to ensure that when additional quota It shall inform the Commission of the reasons are drawn pursuant to Article 4, it is possible which led it to apply this paragraph. for charges to be made without interruption against their accumulated shares of, the Commu­ nity tariff quota. '

' Article 5 3 . They shall guarantee free access to the quota shares allocated to all those concerned Each of the additional shares drawn pursuant in this processing trade who are established on to Article 4 shall be valid until 31 August 1973 . their territory.

4 . The extent to which the quota shares of Article 6 the Member State have been used up shall be recorded on the basis of the values added If, by 15 May 1973 a Member State has not adopted on reimports of the products concerned used up its initial quota share as fixed by under cover of declarations that they have Article 2 ( 1 ) or as resulting from the application been entered into consumption . . of Article 3 , it shall, not later than 10 June 1973 , return to the reserve the unused portion of its share in excess of 40 % of the initial amount . Article 9 It may return a larger quantity if there are reasons to consider that such quantity might Member States shall inform the Commission at not be used . regular intervals of reimports of products The Member States shall, not later than 10 June actually charged against their quota shares . 1973 , notify the Commission of the total re­ imports of the products concerned effected up to 15 May 1973 inclusive, and charged Article 10 against the Community quota and, where appropriate, the proportion of its initial quota share that is being returned to the reserve. The Member States and the Commission shall cooperate closely to see that the provisions of the preceding Articles are observed. Article 7

Article 11 The Commission shall keep account of the quota share opened by Member States in accordance with Articles 2, 3 and 4 and shall This Regulation shall enter into force on the inform each of them of the extent to which the day of its publication in the Official Journal reserves have been used as soon as it receives of the European Communities .

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This Regulation shall be binding in its entirety and directly applicable in all Member States . Done at Luxembourg, 31 October 1972. For the Council The President

P. LARDINOIS