31973R3025

9 . 11 . 73 Official Journal of the European Communities No L 309/ 1

I

{Acts whose publication is obligatory)

REGULATION (EEC) No 3025/73 OF THE COUNCIL of 6 November 1973 on the opening, allocation and means of administration of a Community tariff quota for the treatment of certain textile products in Community outward processing traffic

THE COUNCIL OF THE EUROPEAN sum of 300 000 units of account on the share of the COMMUNITIES, quota granted to Benelux for all processing opera­ tions and also on the shares of the quotas granted to other Member States for the processing of textile Having regard to the Treaty establishing the Euro­ fabrics and yarns falling under Chapters 50 to 57 of pean Economic Community, and in particular the Common Customs Tariff ; whereas the Commu­ Article 113 thereof ; nity tariff quota in question should be opened for the period 1 September 1973 to 31 August 1974 according to the provisions laid down in the Ar­ Having regard to the proposal from the Commis­ rangement specified above, as amendments ; sion ;

Whereas on 1 August 1969 the Community concluded an Arrangement with Switzerland on the Whereas, as regards the textile products referred to processing traffic in textiles ; whereas under that in the abovementioned Arrangement, the new Arrangement the Community undertook to open an Member States do not have to take the first step annual Community duty-free tariff quota on 1 towards bringing the duties in their customs tariffs September every year amounting to a total of into line with those in the Common Customs Tariff 1 870 000 units of account of added value for until 1 January 1974 ; whereas before that date the processed goods, divided as follows : opening of a Community tariff quota does not (a) 1 650 000 units of account for processing work oblige these Member States to change their customs on woven fabrics falling within Chapters 50 to tariffs for third countries nor to take part in the 57 of the Common Customs Tariff ; allocation of the Community tariff quota in ques­ tion : whereas different systems should therefore be (b ) 143 000 units of account for the twisting or provided for the Member States of the Community throwing, cabling, texturising ( whether or not as originally constituted and for the new Member combined with other processing works) of yarns States . falling within Chapters 50 to 57 of the Common Customs Tariff ; (c) 77 000 units of account for processing work on articles within heading Nos 58.04, 58.05 , 58.07, 58.08 , 58.09 and 60.01 of the Common Customs Whereas, as regards the Member States of the Tariff ; Community as originally constituted :

Whereas in order that the division of the whole — equal and continuous access to the quota of all quota into the three categories referred to above those concerned must be guaranteed and the rate shall correspond more exactly with the actual move­ provided for in this quota must be applied, ment of trade during the reference year it has been without interruption until the quota has been decided by joint agreement to raise to 377 000 units used up, to all goods reimported into any of the of account the amount of 77 000 units of account said Member States which have received one or set aside for the processing of articles falling within other of the treatments listed above ; whereas, in certain tariff headings in the Common Customs the light of the principles outlined above, Tariff between 58.04 and 60.01 by levying a total Community tariff arrangement based on an allo

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— if, at a given date during the quota period, a cation among such Member States would seem considerable quantity of one or other of the to preserve the Community nature of the quota ; initial shares is left over in a Member State it whereas, therefore, it seems appropriate to make should return a significant proportion to the the allocation taking into account the quantities corresponding reserve, to prevent a part of the recorded under the previous bilateral agree­ Community tariff quota from remaining unused ments, without prejudicing the opportunities of in one Member State when it could be used in Member States which previously were not others ; involved in this traffic ; whereas to safeguard the Community nature of the quota in question, provision should be made to meet requirements — since the Kingdom of Belgium, the Kingdom of which may arise in these Member States in the the Netherlands and the Grand Duchy of Luxem­ future ; whereas in exceptional cases, the system bourg are jointly represented by the Benelux described in Article 3 may take this factor into Economic Union, any measure concerning the account where an initial share of the quota is administration of shares allocated to that not allocated ; Economic Union may be carried out by one of its Members ;

Whereas as regards the new Member States :

— to take account of future trends in the traffic in question in the various Member States in ques­ — during the last few years it seems that these tion, the total quota volume of 1 870 000 units Member States have only been involved to a of account should be divided into two tranches, small extent if at all in outward processing the first being allocated among these Member traffic in the textile sector ; whereas the Commu­ States and the second part held as a reserve to nity nature of the tariff quota in question cover at a later date requirements of these should be safeguarded by making provision for Member States who have used up their initial any requirements which may arise in these share of the quota, and requirements which may Member States after 1 January 1974 ; whereas arise in certain Member States' processing work these Member States must therefore be enabled for which an initial share of the quota was not after this date to draw adequate shares from the allocated ; whereas in order to give the parties Community reserves ; concerned in each of the Member States concerned some degree of certainty it would be appropriate to fix the first tranche of the — whereas the duties for the quota are to be fixed Community tariff quota at a relatively high by the new Member States in accordance with level, that is 90°/o of the amount of the quota ; the Act concerning the Conditions of Accession whereas the reserve (amounting to 10 °/o) sh(?uld and the Adjustments to the Treaties (*), and in be appropriated to each category of work particular Article 39 ( 1 ) thereof ; pursuant to the arrangement in question ;

— whereas equal and continuous access to the quota should be ensured in such processing traffic and the rate of duty for the quota should be applied consistently to all re-dmports into — the Member States' initial shares may be used those Member States of products on which one up fairly rapidly ; whereas, therefore, to avoid or other of the aforementioned types of disruption of supplies any Member State which processing work, have been carried out until the has almost used up one of its initial shares must quota is used up, draw a supplementary share from the corres­ ponding reserve ; whereas this must be done by each Member State as each one of its supplemen­ HAS ADOPTED THIS REGULATION : tary shares is almost used up, and as many times as the reserve allows ; whereas the initial and supplementary shares must be valid until the Article 1 end of the quota period ; whereas this form of administration requires close collaboration between the said Member States and the 1 . As from 1 September 1973 and until 31 August Commission, and the Commission must be in a 1974, a Community tariff quota of 1 870 000 units position to follow the extent to which the quota volume has been used up and inform the Member States thereof ; (*) OJ No L 73 , 27. 3 . 1972, p. 14.

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appearance, quality or finish of the goods, of account of value added shall be opened in without however changing their nature. respect of goods resulting from the processing work as provided for in the Arrangement with Switzer­ ( b ) ' added value' means : the difference between the land on processing traffic in textiles. Such quota value for customs purposes as defined by Regula­ shall be divided as follows : tion (EEC) No 803/68 (*) and the value for ( a) 1 370 000 units of account for processing work customs purposes as it would be if the products on woven fabrics falling within Chapters 50 to were imported in the same state in which they 57 of the Common Customs Tariff ; were exported . (b) 123 000 units of account for twisting or throwing, cabling, texturizing (whether 3 . Each of the quota amounts referred to in para­ combined with other processing work) of yarns graph 1 shall be subdivided into two instalments : falling within Chapters 50 to 57 of the Common the first, of approximately 90 %>, shall be allocated Customs Tariff ; among the Member States in accordance with Article 3 , the second, of approximately 10 °/o, shall (c) 377 000 units of account for processing work on articles falling within the following headings of constitute the Community reserve. the Common Customs Tariff : 58.04 Woven pile fabrics and chenille fabrics (other than terry towelling or similar terry Provisions applying to the Member States of the fabrics of cotton falling within heading Community as originally constituted No 55.08 and fabrics falling within heading No 58.05 ) ; Article 2 58.05 Narrow woven fabrics, and narrow fabrics ( bolduc) consisting of warp without weft assembled by means of an The Common Customs Tariff duties shall be totally adhesive, other than goods falling within suspended up to the tariff quota referred to in heading No 58.06) ; Article 1 ( 1 ).

58.07 Chenille yarn (including flock chenille yarn), gimped yard (other than metallized Article 3 yarn of heading No 52.01 and gimped horsehair yarn ) ; braids and ornamental trimmings in the piece ; tassels, pompoms 1 . The first instalments of each of the quota and the like) ; amounts referred to in Article 1 ( 1 ) shall be allo­ 58.08 (Tulle and other net fabrics (but not cated among the Member States ; the quotas for each Member State subject to Article 7, shall be including woven knitted or crocheted valid from 1 September 1973 to 31 August 1974, fabrics), plain) ; shall be as follows : 58.09 (Tulle and other net fabrics (but not including woven knitted or crocheted ( a) Germany : fabrics), figured ; hand or mechanically made lace, in the piece, in strips or in 1 010 000 units of account, divided as follows : motifs ) ; — 780 000 units of account for processing work 60.01 (Knitted or crocheted fabric, not elastic on woven fabrics falling within Chapters 50 nor rubberized). to 57 of the Common Customs Tariff ;

2. For the purposes of this Regulation : — 100 000 units of account for twisting or throwing, cabling, texturizing (whether (a) 'processing work' means : combined with other processing work) of — for the purposes of paragraph 1 ( a) and ( c) : yarns falling within Chapters 50 to 57 of the Common Customs Tariff ; bleaching, dyeing, printing flocking, impreg­ nating, dressing and other . work which — 130 000 units of account for processing work changes the appearance or quality of the on articles falling within headings 58.04, goods, without, however, changing their nature ; 58.05 , 58.07, 58.08 , 58.09 and 60.01 of the Common Customs Tariff : — for the purposes of paragraph 1 ( b) : twisting or throwing, cabling and textur­ izing, whether or not combined with reeling, dyeing or other work which changes the (* OJ No L 148 , 28 . 7. 1968, p . 1 .

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2 . If, after one or other of these initial shares has (b ) France : been exhausted, 90 °/o or more of the second share drawn by a Member State has been used, that 600 000 units of account, divided as follows : Member State shall proceed without delay, by noti­ — 430 000 units of account for processing work fying the Commission, to draw a third share equal on fabrics falling within Chapters 50 to 57 to 5 °/o of its initial share, to the extent that the of the Common Customs Tariff ; amount in the corresponding reserve allows.

— 170 000 units of account for processing work 3 . If, after one or other of the second shares has on articles falling within headings 58.04, been exhausted, 90 °/o or more of the third share 58.05 , 58.07, 58.08 , 58.09 and 60.01 of the drawn by a Member State has been used, that Common Customs Tariff ; Member State shall proceed, pursuant to the provi­ sions of paragraph 1 , to draw a fourth share equal ( c) Italy : to the third. That process shall be applied by analogy until each reserve is exhausted. 20 000 units of account, i.e. half for twisting or throwing, cabling texturizing (whether combined 4. Notwithstanding paragraphs 1 , 2 and 3 , each with other processing work) of yarns falling Member State may proceed to draw shares smaller within Chapters 50 to 57 of the Common Customs Tariff, and half for processing work on than those fixed in those paragraphs if there is reason to believe that those shares might not be articles falling within headings 58.04, 58.05 , used up. It shall inform the Commission of the 58.07, 58.08 , 58.09 and 60.01 of the Common Customs Tariff ; reasons which led it to apply this paragraph.

( d ) Benelux : Article 6 20 000 units of account for processing work on threads and woven fabrics falling within Chap­ Each of the additional shares drawn pursuant to ters 50 to 57 or for articles falling within head­ Article 5 shall be valid until 31 August 1974. ings 58.04, 58.05 , 58.07, 58.08 , 58.09 and 60.01 of the Common Customs Tariff.

2. The second part of each of the quota amounts Article 7 referred to in Article 1 ( 1 ), 150 000, 13 000 and 57 000 units of account respectively, shall constitute If, by 15 May 1974, a Member State has not used the Community reserve. up its initial quota share as fixed by Article 3 ( 1 ) or as resulting from the application of Article 4, it shall, not later than 10 June 1974, return to the Article 4 reserve the unused portion of its share in excess of 20 °/o of the initial amount. It may return a larger quantity if there are reasons to consider that such If there is a demand for the forms of processing quantity might not be used. referred to in Article 1 ( 1 ) (b ), that Member State shall draw the appropriate share from the reserve, The Member States shall, not later than 10 June to the extent that the amount of the latter allows . 1974, notify the Commission of the total re-imports of the products concerned effected up to 15 May 1974 inclusive, and charged against the Community quota and, where appropriate, the proportion of its Article 5 initial quota share that is being returned to the reserve . 1 . If 90% or more of one of the initial shares of a Member State, as laid down in Article 3 ( 1 ), or 90 %> of that share less the amount returned into Article 8 the corresponding reserve, where the provisions of Article 7 have been applied, has been exhausted, that Member State concerned shall proceed without The Commission shall keep account of the quota delay, by notifying the Commission to draw a share opened by Member States in accordance with second share equal to 10 °/o of its initial share, to Articles 3 , 4 and 5 and shall inform each of them of the extent that the amount in the corresponding the extent to which the reserves have been used as reserve allows . soon as it receives the notifications .

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The Commission shall, not later than 15 June 1974, Provisions for all Member States notify Member States of the state of each of the reserves after the return of quota shares pursuant to Article 11 Article 7. 1 . The Member States shall administer their The Commission shall ensure that any drawing shares in accordance with the system of advance which uses up one of the reserves is limited to the allocation . They shall guarantee free access to the balance available and, for this purpose, shall specify quota shares allocated to all those concerned in this the amount thereof to the Member State which processing trade who are established on their terri­ makes the final drawing. tory . Article 9 2. The extent to which the quota shares of the Member States have been useid up shall be The Member States shall take all measures neces­ recorded on the basis of the values added adopted sary to ensure that when additional quota are on reimports of the products concerned under cover drawn pursuant to Article 5 , it is possible for of declarations that they have been entered into consumption . charges to be made without interruption against their accumulated shares of the Community tariff quota . Article 12

Member States shall inform the Commission at Provisions concerning the new Member States regular intervals of reimports of products actually charged against their quota shares. Article 10 Article 13 1 . If needs arise in the new Member States, as The Member States and the Commission shall co­ from 1 January 1974, in respect of the processing work referred under Article 1 ( 1 ), these States shall operate closely to see that the provisions of the preceding Articles are observed. be allocated an adequate quota from the corres­ ponding Community reserve established under para­ graph 2 of the same Article, to the extent that the Article 14 balance available in such reserve is sufficient. This Regulation shall enter into force on the day of 2. The new Member States shall apply a tariff its publication in the Official Journal of the Euro­ duty on the quotas thus - allocated from the reserve, pean Communities. in accordance with the relevant provisions of the Act concerning the Conditions of Accession and the It shall be applicable as and from 1 September Adjustments to the Treaties. 1973 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 6 November 1973 . For the Council

The President

I. N0RGAARD