31975R1826

17 . 7 . 75 Official Journal of the European Communities No L 186 / 1

I

(Acts whose publication is obligatory)

REGULATION ( EEC) No 1826/75 OF THE COUNCIL

of 10 July 1975

on the opening , allocation and administration of a Community tariff quota for processing work in respect of certain textile products under Community outward processing arrangements

THE COUNCIL OF THE EUROPEAN trade during future quota periods, it has been decided COMMUNITIES, to adjust the said allocation between the three catego­ ries by giving them 1 520 000 , 123 000 and 227 000 units of account respectively ; whereas the Commu­ nity tariff quota in question should be opened for the Having regard to the Treaty establishing the European period 1 September 1975 to 31 August 1976 Economic Community, and in particular Article 113 according to the provisions laid down in the arrange­ thereof ; ment specified above, and in amendments to it ;

Having regard to the proposal from the Commission ; Whereas provision should be made in particular to ensure equal and continuous access for those concerned with this quota and consistent application Whereas on 1 August 1969 the Community of the rate of duty prescribed for the said quota until concluded an arrangement with Switzerland on the quota is exhausted, to all goods re-imported into processing traffic in textiles ; whereas under that arran­ any of the Member States and which have received one or other of the treatments listed above ; whereas gement the Community undertook to open on 1 September of every year an annual duty free Commu­ in the light of these principles arrangements for the nity tariff quota for processed goods of 1 870 000 utilization of the quota based on an allocation among the Member States would seem to be consistent with units of account of added value, apportioned as follows : the Community character of the said quota ; whereas, it therefore seems appropriate to make the allocation on the basis of the amount of the traffic under the (a) 1 650 000 units of account for processing work on previous bilateral agreements, but without precluding woven fabrics falling within Chapters 50 to 57 of participation by Member States not previously the Common Customs Tariff ; involved in such traffic, among which the new Member States are included ; whereas , to safeguard the (b) 143 000 units of account for the twisting or Community character of the quota, provision should throwing, cabling and texturizing (whether or not be made to meet requirements which may arise in combined with other processing works) of yarns those Member States in the future permitting them to falling within Chapters 50 to 57 of the Common draw adequate amounts from the Community reserve ; Customs Tariff ;

(c) 77 000 units of account for processing work on Whereas to take account of future trends in the traffic products falling within heading Nos 58.04, 58.05, in question in the various Member States, the total 58.07, 58.08 , 58.09 and 60.01 of the Common quota volume of 1 870 000 units of account should be Customs Tariff ; divided into two tranches, the first being allocated among certain Member States and the second held as a reserve to cover the subsequent requirements of Member States when one of their initial shares have Whereas, in order that the division of the whole quota into the three categories referred to above shall corres­ been exhausted and also, requirements which may pond more exactly with the actual movement of trade arise in certain Member States in respect of processing during the reference year or during previous quota work for which no initial share of the quota was allo­ periods as well as with the foreseeable movement of cated ; whereas in order to give the parties concerned

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in each Member State some degree of certainty it (c) 227 000 units of account for processing work on would seem appropriate to fix the first tranche of the articles falling within the following headings of Community quota at a relatively high level, namely the Common Customs Tariff : 1 640 000 units of account ; whereas the total Commu­ 58.04 Woven pile fabrics and chenille fabrics nity reserve of 230 000 units of account shall consist (other than terry towelling or similar terry of amounts drawn from the allocations in respect of fabrics of cotton falling within heading No each category, that is 160 000, 13 000 and 57 000 55.08 and fabrics falling within heading No units of account respectively ; 58.05) ; Whereas the Member States may exhaust their initial 58.05 Narrow woven fabrics, and narrow fabrics shares at different rates ; whereas to avoid disruption (bolduc) consisting of warp without weft of supplies on this account it should be provided that assembled by means of an adhesive, other any Member State which has almost used up one of its than goods falling within heading No initial shares should draw an additional share from the 58.06 ; reserve ; whereas each time its additional share is almost exhausted a Member State should draw a 58.07 Chenille yarn (including flock chenille yarn), gimped yarn (other than metallized further share, and so on, as many times as the reserve yarn of heading No 52.01 and gimped allows ; whereas the initial and additional shares horsehair yarn) ; braids and ornamental trim­ should be valid until the end of the quota period ; mings in the piece ; tassels, pompons and whereas this form of administration requires close the like ; collaboration between the Member States and the Commission , and the Commission must be in a posi­ 58.08 Tulle and other net fabrics (but not tion to keep account of the extent to which the quota including woven, knitted or crocheted has been used up and to inform the Member States fabrics), plain (a) ; accordingly ; 58.09 Tulle and other net fabrics (but not

including woven , knitted or crocheted Whereas if at a given date during the quota period a fabrics), figured ; hand or mechanically considerable quantity of a Member State's initial share made lace , in the piece, in strips or in remains unused it is essential, to prevent a part of the motifs ; quota from remaining unused in one Member State while it could be used in others, that such State 60.01 Knitted or crocheted fabric , not elastic or rubberized . should return a significant proportion thereof to the

reserve ; 2. For the purposes of this Regulation : Whereas, since the . Kingdom of Belgium , the (a) ' processing work' means : Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and jointly represented by — for the purposes of paragraph 1 (a) and (c) : the Benelux Economic Union , any transaction in bleaching, dyeing, printing, flocking, impreg­ connection with the administration of the shares allo­ nating, dressing and other work which changes cated to that Economic Union may be carried out by the appearance or quality of the goods, without any one of its members, however changing their nature ;

— for the purposes of paragraph 1 (b) : twisting or throwing, cabling and texturizing, whether or HAS ADOPTED THIS REGULATION : not combined with reeling, dyeing or other work which changes the appearance, quality or Article 1 finish of the goods, without however changing their nature ; 1 . As from 1 September 1975 and until 31 August (b) 'value added' means : the difference between the 1976, a Community tariff quota of 1 870 000 units of value for customs purposes as defined in Regula­ account of value added shall be opened in the Euro­ tion ( EEC) No 803 / 68 (') at the time of re-importa­ pean Economic Community in respect of goods resulting from processing work as provided for in the tion and the value for customs purposes as it would be if the products were re-imported in the arrangement with Switzerland on processing traffic in state in which they were exported . textiles. Such quota shall be apportioned as follows :

(a) 1 520 000 units of account for processing work on 3 . Each portion as laid down in paragraph 1 shall woven fabrics falling within Chapters 50 to 57 of be divided into two tranches, the first being allocated the Common Customs Tariff ; among certain Member States in accordance with (b) 123 000 units of account for twisting or throwing, Article 3 and the second , being used to constitute a cabling and texturizing (whether or not combined reserve which shall be common to the three categories with other processing work) of yarns falling within of processing. Chapters 50 to 57 of the Common Customs Tariff ; (') OJ No L 14«, 28 . 6 . 1968 , p. I.

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4. Within this tariff quota, the Common Customs 50 to 57 or for products falling within heading Tariff duties shall be totally suspended. Nos 58.04, 58.05, 58.07, 58.08 , 58.09 and 60.01 of the Common Customs Tariff.

Within this tariff quota, the new Member States shall apply duties calculated in accordance with the rele­ 2 . The second tranche which amounts to 230 000 vant provisions of the Act of Accession . units of account shall constitute a Community reserve

which may be used for the three categories of processing. Article 2

1 . The first tranche of each portion of the quota as Article 3 laid down in Article 1 ( 1 ) shall be allocated as set out below among the Member States listed in the above In case of need, either in France in respect of the arrangement ; the shares, subject to Article 6, shall be processing work referred to in Article 1 ( 1 ) (b), or in valid from 1 September 1975 to 31 August 1976. any of the new Member States in respect of any of the categories of processing work, the State concerned (a) Germany : shall, to the extent that the reserve so permits, draw from such reserve a sufficient share of the quota . 1 080 000 units of account, apportioned as follows :

— 850 000 units of account for processing work Article 4 on woven fabrics falling within Chapters 50 to 57 of the Common Customs Tariff ; 1 . If a Member State has used 90 % or more of one — 100 000 units of account for twisting or of its initial shares as fixed in Article 2 ( 1 ), or of that throwing, cabling and texturizing (whether or share minus any portion returned to the reserve not combined with other processing work) of pursuant to Article 6, it shall forthwith, by notifying yarns falling within Chapters 50 to 57 of the the Commission draw a second share , to the extent Common Customs Tariff ; that the relevant reserve so permits, equal to 10 % of — 130 000 units of account for processing work its initial share, rounded up as necessary to the next on products falling within heading Nos 58.04, whole number. 58.05 , 58.07, 58.08 , 58.09 and 60.01 of the Common Customs Tariff ; * 2. If a Member State, after exhausting one of its initial shares, has used 90 % or more of the second (b) France : share drawn by it, that Member States shall , in accor­ dance with the conditions laid down in paragraph 1 , 520 000 units of account, apportioned as follows : draw a third share equal to 5 % of its initial share. — 500 000 units of account for processing work on fabrics falling within Chapters 50 to 57 of 3 . If a Member State, after exhausting its second the Common Customs Tariff ; share, has used 90 % or more of the third share drawn — 20 000 units of account for processing work on by it, that Member State shall, in accordance with the products falling within heading Nos 58.04, same condition, draw a fourth share equal to the third . 58.05, 58.07, 58.08 , 58.09 and 60.01 of the Common Customs Tariff ; This process shall continue to apply until the reserve is exhausted . (c) Italy :

4. Notwithstanding paragraphs 1 to 3 , a Member 20 000 units of account, i.e. half for twisting or State may draw shares lower than those specified in throwing, cabling and texturizing (whether or not those paragraphs if there are grounds for believing combined with other processing work) of yarns that those specified may not be used in full . Any falling within Chapters 50 to 57 of the Common Member State applying this paragraph shall inform Customs Tariff, and half for processing work on the Commission of its grounds for so doing. products falling within heading Nos 58.04, 58.05, 58.07, 58.08 , 58.09 and 60.01 of the Common Customs Tariff ;

Article5¶

20 000 units of account for processing work on Additional shares drawn pursuant to Article 4 shall be threads and woven fabrics falling within Chapters valid until 31 August 1976 .

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Article 6 pursuant to Article 4 are opened in such a way that re-importation may be charged without interruption The Member States referred to in Article 2 shall, not against their accumulated shares of the quota. later than 1 June 1976, return to the reserve the unused portion of their initial share which, on 15 May 2. Every Member State shall administer its shares 1 976, is in excess of 20 % of the initial volume. They by a system of prior allocation . It shall ensure that all may return a greater portion if there are grounds for persons established in its territory involved in the believing that it may not be used in full. processing traffic have free access to the shares allo­ cated to it . Member States shall not later than 1 June 1975 notify the Commission of the total quantities of the product in question re-imported up to and including 15 May 3 . Th£ extent to which a Member State has used up its shares shall be determined on the basis of the value 1976 and charged against the Community quota and of any portion of their initial quotas returned to the­ added, as established when upon re-importation the reserve . products concerned are entered with the customs authorities for home use .

Article7¶

The Commission shall keep an account of the shares Article 9 opened by the Member States pursuant to Articles 2, 3 and 4 and shall as soon as the information reaches it, At the request of the Commission, the Member States inform each State of the extent to which the reserve shall inform it of re-importations charged against has been used up. their shares . It shall, not later than 5 June 1976, inform the Member States of the amounts still in reserve Article 10 following any return of shares pursuant to Article 6.

It shall ensure that when an amount exhausting this Member States and the Commission shall cooperate reserve is drawn the amount so drawn does not exceed closely to ensure that this Regulation is complied the balance available , and to this end shall notify the with . amount of that balance to the Member State making the last drawing.

Article11¶

1 . Member States shall take all appropriate This Regulation shall enter into force on 1 September measures to ensure that additional shares drawn 1975 .

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

Done at Brussels, 10 July 1975 .

For the Council

The President

E. COLOMBO