31977R0115
22 . 1 . 77 No L 19 /7 Official Journal of the European Communities
COUNCIL REGULATION (EEC) No 115 /77 of 18 January 1977 concerning import arrangements for certain textile products originating in Malaysia
THE COUNCIL OF THE EUROPEAN Whereas the quantitative limits laid down by the COMMUNITIES , Agreement apply to exports from Malaysia ; whereas the goods imported should therefore be charged against the quantitative limit fixed for the period in Having regard to the Treaty establishing the European which these goods were exported from Malaysia ; Economic Community, and in particular Article 113 thereof, Whereas, for certain textile products, the Agreement provides for a consultation procedure enabling safe Having regard to the proposal from the Commission, guard measures to be adopted where there is real risk of market disruption ; whereas, in accordance with this procedure, Malaysia has undertaken to apply voluntary restraint in respect of exports of certain Whereas, in the context of the Arrangement regarding textile products to certain Member States ; whereas international trade in textiles, the European Economic compliance with these quantitative limits will be Community and Malaysia have negotiated an Agree ment on trade in textiles ; whereas the Commission guaranteed by a system of bilateral checking ; has submitted to the Council a recommendation for a Regulation concluding that Agreement, hereinafter Whereas, to this end, quantitative limits should be referred to as the 'Agreement' ; fixed for imports of these products into the Member States in question and detailed rules laid down for their administration by the Member States ; Whereas, for the purpose of implementing the Agree ment, import arrangements must be adopted for the products in question ; Whereas the Agreement provides that those products which enter the Community's customs territory under inward processing or other temporary importation Whereas the Agreement requires the Community to arrangements and are re-exported therefrom in their admit imports of certain textile products within the original state or after processing should not be quantitative limits laid down, compliance with which charged against the agreed quantitative limits ; will be guaranteed by a system of bilateral checking ;
Whereas, account being taken of Article 12 of the Whereas appropriate provisions applicable in the Arrangement regarding international trade in textiles, Community should therefore be adopted for the dura on which the Agreement is based, the latter does not tion of the Agreement, including criteria for the alloca apply to textile products of silk, of flax or of ramie, tion of the quantitative limits agreed with Malaysia ;
Whereas, in view of the considerable disparities existing between the conditions currently governing imports of the products concerned into the Member HAS ADOPTED THIS REGULATION : States and in view of the particular sensitivity of the Community's textile industry, standardization of these import conditions can only be achieved progressively ; whereas the criterion to be adopted for the allocation of the Community quantitative limits should therefore Article 1 be in particular the gradual adjustment of the quanti ties admitted under current import conditions to market supply requirements ; 1 . Imports into the Community of the textile products listed in Annex A, originating in Malaysia and exported between 1 November 1975 and 31 Whereas steps should be taken to ensure that there is December 1977, shall be subject to the quantitative no evasion of the objectives of the Agreement by indi limits agreed between the Community and Malaysia rect imports of products originating in Malaysia ; and set out in that Annex .
No L 19 / 8 22 . 1 . 77 Official Journal of the European Communities
2. The quantitative limits shall be allocated among These quantitative limits may be modified according the Member States in accordance with the procedure to the procedure laid down by Regulation (EEC) No laid down in Council Regulation (EEC) No 1023/70 1023/70, and in particular Article 11 thereof. of 25 May 1970 establishing a common procedure for administering quantitative quotas ('), and in particular in Article 1 1 thereof, in such a way as to ensure the 3 . Paragraphs 3 , 4 and 5 of Article 1 shall apply to expansion and orderly development of trade in textiles the quantitative limits referred to in this Article . and to permit amounts to be carried over or brought forward from one year to another.
However, the allocation shall be made on the basis of Article 3 the import volumes admitted under the conditions currently applied in the Member States and shall provide for annual rates of increase which are appreci Imports into the Community of the textile products ably higher for those Member States whose import referred to below, originating in Malaysia and accom volumes are relatively the lowest, in such a way that panied by a certificate which is issued and endorsed this allocation is gradually aligned with market supply by the competent Malaysian authorities and contains requirements . the details set out in Annex D, shall not be subject to quantitative restrictions :
3 . The competent authorities of the Member States (a) cotton handloom fabrics of the cottage industry, concerned shall , within the quantitative limits pres containing not more than 5 % by weight of man cribed, automatically authorize the import of the made fibres, being fabrics which are both tradition products referred to in paragraph 1 immediately upon ally of the kind woven on handlooms and actually production by the importer of the original of the woven on a loom for which the motive power is export licence issued by the competent Malaysian provided entirely by the operators (that is, where authorities and containing the details set out in Annex the three primary movements of weaving, namely C. shedding, picking and beating, are induced by hand or foot and no other source of power is used) ; 4. Authorized imports shall be charged against the quantitative limits valid for the period during which (b) goods made up by the cottage industry from such the products were taken aboard in Malaysia for export cotton handloom fabrics ; to the Community. (c) traditional Malaysian folklore handicraft textile products, including handicraft batik products (2), 5. Products which enter the Community's customs cut, sewn or otherwise fabricated by hand in territory under inward processing or other temporary cottages which are units of the cottage industry. importation arrangements and are re-exported there from in their original state or after processing shall not be charged against the quantitative limits referred to in paragraph 1 . Article 4
This Regulation shall enter into force on the third day Article 2 following its publication in the Official Journal of the European Communities. 1 . Save as otherwise provided in paragraphs 2 and 3, imports into the Community of the textile products (2 ) Handicraft batik is produced by a traditional batik process by which colours and shades are introduced to a bleached listed in Annex B and originating in Malaysia shall or white fabric . The process is carried out manually in not be subject to quantitative restrictions . three stages namely : (a) waxing (application of wax by hand to the fabric) ; 2. In the Member States specified in Annex B, (b) dyeing/painting (application of colour either by the imports of the textile products referred to in para traditional cottage method of dyeing or by hand graph 1 and exported from Malaysia during the painting) ; periods indicated in that Annex shall be subject to the (c) de-waxing (boiling the fabric to remove the wax). quantitative limits given therein . The three stages of the process are repeated on the fabric (') OJ No L 124 , 8 . 6 . 1970 , p. 1 . for each of the colours or shades in the resulting design .
22 . 1 . 77 Official Journal of the European Communities No L 19 / 9
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 18 January 1977 .
For the Council
The President
Anthony CROSLAND
ANNEX A
Quantitative limits referred to in Article 1
Quantitative limits (1 000 items) CCT Category NIMEXE code heading Description No 1 . 11 . 1975 to No ( 1976) 1977 31 . 12 . 1976
1 ex 61.03 4 328 3 932 Men's and boys' under garments, including collars , shirts fronts and cuffs : 61.03-1 1 ; 15 ; — Shirts , other than of silk or noil or ex 19 other waste silk or of flax or ramie
No L 19 / 10 22 . 1 . r Official Journal of the European Communities
ANNEX B
Quantitative limits referred to in Article 2
Quantitative limits CCT Cate NIMEXE code Member heading Description Units gory No States I. 11 . 1975 to No ( 1976) 1977 31 . 12 . 1976
2 55.09 55.09-all codes Other woven fabrics of cotton France 1 000 kg 466 424 United Kingdom 1 341 (a) 1 219 ( b )
56.07 Woven fabrics of man-made fibres (discontinuous or waste) : 56.07-01 to 36 A. Of synthetic textile fibres including :
2a ex 55.09 Other woven fabrics of cotton : France 1 000 kg 140 127 United 55.09-03 ; 04 ; — Other than unbleached and Kingdom 263 239 05 ; 51 ; 52 ; 53 bleached 54 ; 55 ; 56 ; 57 59 ; 61 ; 63 ; 64 65 ; 66 ; 67 ; 69 ex 71 ; 81 ; 82 83 ; 84 ; 86 ; 87 92 ; 93 ; 97
56.07 Woven fabrics of man-made fibres (discontinuous or waste) : ex A. Of synthetic textile fibres : 56.07-ex 01 ; ex — Other than unbleached 03 ; 05 ; 07 ; 08 and bleached 13 ; 14 ; 16 ; 18 21 ; 23 ; 26 ; 27 28 ; 33 ; 34 ; 36
3 60.05 Outer garments and other articles, Benelux Items 233 333 212 000 knitted or crocheted , not elastic or France 583 333 530 000 rubberized : ex A. Outer garments and clothing accessories : 60.05-01 ; 22 ; — Jerseys and pullovers, 23 ; 24 ; 25 ; ex slipovers , twinsets, cardi 29 ; 31 ; 32 ; 33 ; gans, bed-jackets and 34 ; ex 39 jumpers, other than of silk or noil or other waste silk or of flax or ramie
4 ex 61.01 Benelux Items 740 833 673 100 Men s and boys outer garments : France 583 333 530 000 61.01-61 ; 63 ; — Trousers ( including jeans), 65 ; 67 ; ex 69 breeches and the like , other than of silk or noil or other waste silk or of flax or ramie
22 . 1 . 77 No L 19 / 11 Official Journal of the European Communities
Quantitative limits CCT Cate NIMEXE code Member heading Description Units gory No States 1 . 11 . 1975 to No ( 1976) 1977 31 . 12. 1976
4 61.02 Women's, girls' and infants' outer (cont'd) garments : ex B. Otherthan babies'garments : 61.02-ex 91 ; ex — Trousers ( including 93 ; ex 95 ; ex jeans), shorts and the 96 ; ex 98 ; ex 99 like , other than of silk or noil or other waste silk or of flax or ramie
( 1 . 11 . 1976 to 31 . 12. 1977) . 5 61.02 France Items 650 000 Women's, girls' and infants' outer garments : ex B . Other than babies ' garments : ' 61.02-83 ; 85 ; — Shirts and blouses other than of silk or noil or 87 ; 89 other waste silk or of flax or ramie
(a ) With a maximum of #75 tonnes for products falling within one or other of heading No 55.09 and subheading 56.07 A. (b) With a maximum of 795 tonnes for products falling within one or other of heading No 55.09 and subheading 56.07 A.
No L 19 / 12 22 . 1 . 77 Official Journal of the European Communities
ANNEX C
Details referred to in Article 1 (3)
The export licences issued by the competent Malaysian authorities (') for products covered by this Regulation shall specify or contain : 1 . the destination , and in particular the Member State for which the goods are intended ;
2. the serial number ; 3 . the name and address of the importer ; 4. the name and address of the exporter ; 5. the net quantity, in the units specified in Annexes A and B to this Regulation , and the value of the products covered by the licence ; 6. the category against which the products have been charged by the competent Malaysian authori ties and the description of the products ; 7 . a declaration to the effect that the quantity in question has been charged against the Member State of destination 's share of the agreed ceiling for exports to the Community, or, where appro priate, that the quantity is intended for immediate re-export from the Community or for re-export from the Community after processing ; 8 . the year during which the products were exported, that is when they were taken aboard in Malaysia for export to the Community.
(') Ministry of Trade and Industry at : — Kuala Lumpur ( head office ). — Penang , Ciohorbru . Kota Kenia , Kota Baru , Kinabalu , Kuchint» { local officc ).
22 . 1 . 77 No L 19 / 13 Official Journal of the European Communities
ANNEX D
Certificate referred to in Article 3
The certificate issued by the competent Malaysian authorities (') for the products referred to in Article 3 of this Regulation shall contain : 1 . the following heading : ' Certificate in respect of cotton handloom fabrics and products thereof ; 2 . name and address of the manufacturer ; 3 . name and address of the exporter ; 4 . name and address of the importer within the Community ; 5 . description of goods ;
6 . quantity ( in tonnes or items) ; 7 . name of vessel or flight number ; 8 . port or airport of destination ; 9 . the following declaration (2 ) : 'This is to certify that the above shipment consists of : — cotton handloom fabrics (as defined in Article 4 ( 1 ) (i) of the Agreement) containing not more than 5 % by weight of man-made fibres ; — goods made up by the cottage industry from cotton handloom fabrics (as defined in Article 4 ( 1 ) (i ) of the Agreement); — traditional Malaysian folklore handicraft textile products cut, sewn or otherwise fabricated by hand in cottages which are units of the cottage industry.
Signed '
(') Ministry of I rade and Industry at — Kuala Lumpur ( head office ), — Penang , Gohorbru , Kota Kenia , Kota Baru , Kinabalu , Kuching ( lot al offices ). (-') The definition referred to in the first two indents is that set out in Article of this Regulation .