31975R3145
No L 317/22 Official Journal of the European Communities 8 . 12 . 75
REGULATION (EEC ) No 3145/75 OF THE COUNCIL of 24 November 1975
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 ( 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES, — for woven fabrics of cotton :
1 000 metric tons to the Community as originally constituted , Having regard to the Treaty establishing the Euro pean Economic Community, and in particular Article 20 metric tons to Denmark, 10 metric tons to 113 thereof ; Ireland and 360 metric tons to the United King dom ;
Having regard to the proposal from the Commission ; Whereas, moreover, it appears desirable to provide for an initial provisional adjustment of the tariff advantages for these goods : Whereas, pending the entry into force of the Sup plementary Protocol , signed in Ankara on 30 June — for the Community as originally constituted by 1973 , containing the adjustments to be made to the a total suspension of the customs duties of the Agreement establishing an association between the Common Customs Tariff, and an increase of 50% European Economic Community and Turkey and to and then of 5% in the volume of the quotas the Additional Protocol ( x ) consequent on the accession allocated to these Member States , of new Member States, the Community has under taken, in an Interim Agreement (2 ) which runs only — for the new Member States , by a total suspension for the period prior to the entry into force of this of the duties applicable within the limits of the Supplementary Protocol which is applicable until quotas fixed above, increased in the same 31 December 1974, but which has been extended for proportions ; 1976 in accordance with the terms laid down in Article 13 thereof, to implement certain provisions of Whereas these adjustments may, if necessary, be the- Supplementary Protocol relating to trade in goods ; whereas , under Article 6 of this Interim reviewed during the quota year ; Agreement amending Article 1 of Annex 2 to the Additional Protocol, the Community must reduce by Whereas pursuant to Article 1 of Annex 2 to the 75% the customs duties on imports from Turkey of Supplementary Protocol together with Article 2 of the certain textile products, falling within heading Nos Interim Agreement, for the duration of 1976 in parti 55.05 and 55.09 of the Common Customs Tariff, cular, the Community must reduce by 25% the duties within the limit of annual Community tariff quotas applicable in respect of third countries to carpets, of 390 metric tons for cotton yarn and 1 390 metric carpeting and rugs , knotted (made up or not) of wool tons for woven fabrics of cotton ; whereas the above or of fine animal hair, (excluding hand-made carpets, mentioned Article 6 allocates these Community tariff carpeting and rugs ) imported from Turkey ; whereas quotas as follows : it also appears advisable to improve this tariff advantage provisionally by means of a total suspen sion of the duties applicable to the products in — for cotton yarn : question within a Community tariff quota initially fixed at a provisional level of 168 metric tons and 300 metric tons to the Community as originally allocated in accordance with the same percentages as constituted, those adopted for 1975 under the generalized tariff preferences ; 40 metric tons to Denmark , 10 metric tons to Ire land and 40 metric tons to the United Kingdom , Whereas, in order to comply with the special provisions of the Interim Agreement, different systems should be provided for the Member States (!) OJ No L 293 , 29 . 12. 1972, p. 4. of the Community as originally constituted and for ( 2) OJ No L 277, 3 . 10. 1973 , p . 2 . the new Member States ;
8 . 12 . 75 Official Journal of the European Communities No L 317/23
Whereas, as regards the Community as originally development of the market in the product constituted : concerned, such allocation shall be in proportion to the needs of the Member States, assessed by reference both to the statistics of each State's — it is necessary to guarantee to all Community imports from Turkey over a representative period importers equal and uninterrupted access to the and to the economic outlook for the quota period abovementioned quotas and uninterrupted concerned ; whereas, in spite of the limited need application of the rate laid down for those quotas for imports from Turkey of the products to all imports of the product concerned into all concerned, as shown by the statistics for the Member States until the quota has been used up ; majority of the Member States the Community character of the tariff quotas concerned should be safeguarded by making provisions to cover — in the light of the principles mentioned above, needs which might arise in these Member States ; the Community nature of the quotas can best be respected by allocating the Community tariff — imports into the various Member States from quotas among the Member States ; whereas, in Turkey were as follows during the last three order to reflect most accurately the actual years for which complete statistics are available :
1972 1973 1974 metric tons % metric tons % metric tons % \
Cotton yarn : Germany 11 736 48-35 10 734 42-56 6 333 29-01 Benelux 6 144 25-31 6 795 26-95 7 000 32-07 France 412 1-70 162 0-64 1 806 8-27 Italy 5 982 24-64 7 527 29-85 6 690 30-65
Other woven fabrics of cotton :
Germany 570 21-17 877 30-62 456 24-52 Benelux 995 36-96 953 33-27 1 000 53-76 France 747 27-75 412 14-39 194 10-43 Italy ' 380 14-12 622 21-72 210 11-29
in view of these figures and foreseeable market which have used up their initial shares ; whereas, trends for the products concerned during 1976, in order to ensure a certain degree of security to the initial shares may be fixed approximately at importers, the first instalment should be the following percentages : determined at a relatively high level , which, under present circumstances, may be about 80 % of each quota volume ; cotton yarn other woven fabrics of cotton the initial quota shares of the Member States may Germany 44-7 23-1 be used up at different times ; whereas, in order Benelux 20-0 30-8 to take this fact into account and avoid any break in continuity, it is important that any France 5-3 34-6 Member State having used up almost the whole 30-0 11-5 of one of its initial quota shares should draw an Italy additional quota share from the corresponding reserve ; whereas, this must be done by each in order to take into account the uncertainty of Member State as and when each of its additional the import trends for the products concerned in quota shares is almost entirely used up, and the Member States, the quota volumes should be repeated as many times as each of the reserves divided into two instalments, the first instalment , allows ; whereas each of the initial and additional being allocated to the Member States, and the quota shares must be available for use until the second held as a reserve intended ultimately to end of the quota period ; whereas this method of cover the requirements of those Member States administration calls for close cooperation
No L 317/24 Official Journal of the European Communities 8 . 12 . 75
between Member States and the Commission , — the quota volumes to be allocated to those new Member States under Article 6 of the Interim which must, in particular, be able to observe the extent to which the quota amount is used and Agreement as well as the duties to be applied in inform Member States thereof ; those Member States for the purposes of these quotas determined in accordance with Article 2 of the said Agreement, are to be adjusted as set — if, at a specified date in the quota period, a ' out below ; considerable balance remains in one or other Member State it is essential that that Member State pays a percentage of it back into the — equal and uninterrupted access to the quotas corresponding reserve, in order to prevent a part should be ensured to all importers and the duties of one or other of the Community quotas from should be applied without interruption to all remaining unused in one Member State when it imports of the products concerned until the could be used in others ; quotas have been used up,
— since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of HAS ADOPTED THIS REGULATION : Luxembourg are united in and represented by the Benelux Economic Union, any measure concerning the administration of the quota shares allocated to that economic union may be carried Article 1 out by any of its members ; 1 . From 1 January to 31 December 1976 Community Whereas as regards the new Member States in tariff quotas shall be opened for the following particular: products coming from Turkey as shown below :
CCT Quota Description heading No (metric tons)
55.05 Cotton yarn, not put up for retail sale 930
55.09 Other woven fabrics of cotton 2 190
58.01 Carpets , carpeting and rugs (made up or not) :
ex A. Of wool or of fine animal hair, excluding hand-made carpets, carpeting and rugs 168
2. The quotas shall be allocated and administered 2. A first instalment of each of these quotas shall in accordance with the following provisions. be shared among the Member States ; the shares, which subject to Article 6 shall be valid until SECTION I 31 December 1976, shall be as follows : (in metric tons) Provisions relating to the Community as originally constituted CCT heading No
Article2¶
1 . Within the quota, Common Customs Tariff Germany 252 240 34-7 duties shall be totally suspended within the limit of : 788 metric tons for cotton yarn not put up for retail Benelux 113 320 12-9 sale, 1 575 metric tons for other woven fabrics of France 30 360 24-4 cotton, and 117 metric tons for carpets made of wool or fine animal hair. 170 120 18-0 Italy
Article 3 The second instalment of each quota, amounting to 1 . The quotas referred to in Article 2 shall be 223 , 1 040 and 27 metric tons respectively, shall divided into two instalments . constitute the corresponding reserve.
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Article4¶
The Commission shall keep account of the shares 1 . If 90% or more of the initial share of a Member opened by Member States in accordance with State laid down in Article 3 (2), or 90% of that share Articles 3 and 4 and shall inform each State of the less the amount returned into the reserve where the extent to which the reserves have been used up as provisions of Article 6 have been applied, has been soon as it receives the notifications . exhausted, that Member State shall proceed without The Commission shall , not later than 5 October delay, by notifying the Commission, to draw a second share, equal to 15% of its initial share, rounded up 1976, notify the Member States of the amount in each of the reserves after the return of shares to the next unit where appropriate, to the extent that the amount in the reserve allows . pursuant to Article 6.
The Commission shall ensure that any drawing which 2 . If, after one or other of its initial shares has been uses up a reserve is limited to the balance available used up, 90% or more of the second share drawn by and for this purpose shall specify the amount one of the Member States has been used , that thereof to the Member State which makes the last Member State shall proceed, in accordance with the drawing. conditions laid down in paragraph 1 , to draw a third share equal to 7-5% of its initial share. Article 8
The Member States shall take all appropriate 3 . If, after one or other of its second shares has been measures to ensure that when additional shares are exhausted , 90% or more of the third share drawn by drawn pursuant to Article 4 it is possible for imports a Member State has been used, that Member State to be counted without interruption against their shall proceed, in the same way, to draw a fourth accumulated shares of the Community tariff quotas . share equal to the third.
This process shall be applied until the reserve is SECTION II exhausted . Provisions relating to the new Member States
4. Notwithstanding paragraphs 1 , 2 and 3 , the Article 9 Member States may proceed to draw smaller shares than those fixed in those paragraphs if there is reason 1 . Within the tariff quotas referred to in Article 1 , to believe that they might not be used up . They shall the following shares shall be allocated to the new inform the Commission of the reasons which led Member States : them to apply this paragraph. (in metric tons)
CCT heading No Article 5 55.05 55.09 ex 58.01 A \
Each of the additional shares drawn pursuant to Denmark 63 32 12 Article 4 shall be valid until 31 December 1976 . Ireland 16 16 2 United Kingdom 63 567 37 Article 6
The Member States shall return to the reserve, not 2. Within the limits of these quotas, the new later than 1 October 1976, the unused portion of Member States shall apply zero duties for the textile their initial share which, on 15 September 1976, is in products concerned. excess of 20% of the initial amount. They may return a greater portion if there are grounds for SECTION III believing that such portion may not be used in full . General provisions The Member States shall, not later than 1 October 1976, notify the Commission of the total imports of Article 10 the products concerned effected under the Community quotas up to and including 15 September 1976 and, 1 . Member States shall take all measures necessary where appropriate the proportion of each of their to ensure for importers of the products concerned initial shares that they are returning to each of the established in their territory free access to the shares reserves . allocated to them .
No L 317/26 Official Journal of the European Communities 8 . 12 . 75
2 . Member States shall count imports of the products concerned actually charged against their products concerned against their shares as and when shares . such products are presented for customs clearance under cover of a declaration that they have been Article 12 made available for consumption .
3 . The extent to which the Member States' shares The Member States and the Commission shall have been used up shall be established on the basis cooperate closely in order to ensure that this of imports counted in accordance with paragraph 2 . Regulation is observed.
Article1¶
On receipt of a request from the Commission, This Regulation shall enter into force on 1 January Member States shall inform it of imports of the 1976 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 24 November 1975 .
For the Council
The President
B. VISENTINI