31977R0116

No L 19 / 14 Official Journal of the European Communities 22 . 1 . 77

COUNCIL REGULATION ( EEC) No 116/ 77 of 18 January 1977 concerning import arrangements for certain textile products originating in Macao

THE COUNCIL OF THE EUROPEAN guard measures to be adopted where there is real risk COMMUNITIES , of market disruption ; whereas, in accordance with this procedure, Macao has undertaken to apply volun­ Having regard to the Treaty establishing the European tary restraint in respect of exports of certain textile Economic Community, and in particular Article 113 products to certain Member States ; whereas compli­ thereof, ance with these quantitative limits will be guaranteed by a system of bilateral checking ; Having regard to the proposal from the Commission , Whereas, to this end, quantitative limits should be Whereas, in the context of the Arrangement regarding fixed for imports of these products into the Member international trade in textiles, the European Economic States and detailed rules laid down for their administra­ Community and Macao have negotiated an Agree­ tion by the Member States ; ment on trade in textile products ; whereas the Commission has submitted to the Council a recom­ Whereas the Agreement provides that those products mendation for a Regulation concluding that Agree­ which enter the Community's customs territory under ment, hereinafter referred to as the 'Agreement' ; inward processing or other temporary importation arrangements and re-exported therefrom in their orig­ Whereas, for the purpose of implementing the Agree­ inal state or after processing should not be charged ment, import arrangements must be adopted for the against the agreed quantitative limits ; products in question ; Whereas, account being taken of Article 12 of the Whereas the Agreement requires the Community to Arrangement regarding international trade in textiles, admit imports of certain textile products within the on which the Agreement is based, the latter does not quantitative limits laid down , compliance with which apply to textile products of silk, of flax or of ramie ; will be guaranteed by a system of bilateral checking ; Whereas the Community and Macao have agreed that Whereas appropriate provisions applicable in the in certain cases the quantitative limits for the period 1 October 1975 to 31 December 1977 should be esta­ Community should therefore be adopted for the dura­ blished by taking into account the carry-over of un­ tion of the Agreement, including criteria for the alloca­ tion of the quantitative limits agreed with Macao ; utilized quantitative limits valid for the preceding period under the rules in effect until 30 September 1976, Whereas, in view of the considerable disparities existing between the conditions currently governing imports of the products concerned into the Member States and in view of the particular sensitivity of the HAS ADOPTED THIS REGULATION : Community's textile industry, standarization of these import conditions can only be achieved progressively ; whereas the criterion to be adopted for the allocation Article 1 of the Community quantitative limits should therefore be in particular the gradual adjustment of the quanti­ 1 . Imports into the Community of the textile ties admitted under current import conditions to products listed in Annex A, originating in Macao and market supply requirements ; exported between 1 October 1975 and 31 December 1977, shall be subject to the quantitative limits agreed Whereas steps should be taken to ensure that there is between the Community and Macao and set out in no evasion of the objectives of the Agreement by indi­ that Annex . rect imports of products originating in Macao ; 2. The quantitative limits shall be allocated among Whereas the quantitative limits laid down by the the Member States in accordance with the procedure Agreement apply to exports from Macao ; whereas the laid down in Council Regulation (EEC) No 1023/70 goods imported should therefore be charged against of 25 May 1970 establishing a common procedure for the quantitative limit fixed for the period in which administering quantitative quotas ('), and in particular these goods were exported from Macao ; in Article 1 1 thereof, in such a way as to ensure the expansion and orderly development of trade in textiles Whereas, for certain textile products , the . '^ ivi-ment provides for a consultation procedure enabling safe­ (') OJ No L 124, 8 . 6 . 1970 , p. 1 .

22 . 1 . 77 Official Journal of the European Communities No L 19 / 15

and to permit amounts to be carried over or brought These quantitative limits may be modified according forward from one year to another. to the procedure laid down by Regulation ( EEC) No 1023 /70 , and in particular Article 11 thereof. However, the allocation shall be made on the basis of the import volumes admitted under the conditions 3 . Paragraphs 3 , 4 and 5 of Article 1 shall apply to currently applied in the Member States and shall the quantitative limits referred to in this Article . provide for annual rates of increase which are appreci­ ably higher for those Member States whose import volumes are relatively the lowest, in such a way that Article 3 this allocation is gradually aligned with market supply requirements . Imports into the Community of the textile products referred to below, originating in Macao and accompa­ 3 . The competent authorities of the Member States nied by a certificate which is issued and endorsed by concerned shall , within the quantitative limits pre­ the competent authorities of Macao and contains the scribed, automatically authorize the import of the details set out in Annex D , shall not be subject to products referred to in paragraph 1 immediately upon quantitative restrictions : production by the importer of the original of the export licence issued by the competent Macao authori­ (a) cotton handloom fabrics of the cottage industry, ties and containing the details set out in Annex C. containing not more than 5 % by weight of man­ made fibres , being fabrics which are both tradition­ 4. Authorized imports shall be charged against the ally of the kind woven on handlooms and actually quantitative limits valid for the period during which woven on a loom for which the motive power is the products were taken aboard within the territory of provided entirely by the operators (that is where Macao for export to the Community . the three primary movements of weaving, namely shedding, picking and beating, are induced by 5. Products which enter the Community's customs hand or foot and no other source of power is territory under inward processing or other temporary used) ; importation arrangements and are re-exported there­ from in their original state or after processing shall (b) handmade goods made up by the cottage industry not be charged against the quantitative limits referred from such cotton handloom fabrics ; to in paragraph 1 . (c ) jerseys and pullovers knitted by hand from wool yarns without use of a machine ; Article 2 (d ) traditional Macao folklore handicraft textile 1 . Save as otherwise provided in paragraphs 2 and products cut, sewn , or otherwise fabricated by 3, imports into the Community of the textile products hand in cottages which are units of the cottage listed in Annex B and originating in Macao shall not industry . be subject to quantitative restrictions .

2 . In the Member States specified in Annex B, Article 4 imports of the textile products referred to in para­ graph 1 and exported from Macao between 1 October This Regulation shall enter into force on the third day 1975 and 31 December 1977 shall be subject to the following its publication in the Official Journal of quantitative limits given in that Annex . the European Communities.

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

No L 19 / 16 Official Journal of the European Communities 22 . 1 . 77

ANNEX A

Quantitative limits referred to in Article 1

Quantitative limits (1 000 items) CCT Category NIMEXE code heading No No 0*76 ) Description 1 . 10 . 1975 to 1977 31 . 12 . 1976

1 ex 61.01 Men's and boys' outer garments : 13 561 11 980 61.01-61 ; 63 ; — Trousers ( including jeans), breeches 65 ; 67 ; ex 69 and the like , other than of silk or waste silk or of flax or ramie 61.02 Women's, girls' and infants ' outer garments : ex B. Other than babies garments : 61.02-ex 91 ; ex — Trousers (including jeans), 93 ; 93 ; ex 95 ; breeches and the like , other ex 96 ; ex 98 ; ex than of silk or waste silk or of 99 ; flax or ramie

22 . 1 . 77 Official Journal of the European Communities No L 19 / 17

ANNEX B

Quantitative limits referred to in Article 2

Quantitative limits CCT Cate­ NIMEXE code Member heading Description Units gory No No ( 1976 ) States 1975 / 76 1977

2 ex 60.04 France Items (3 ) 1 800 000 (3 ) Undergarments, knitted or crocheted , not elastic or rubber­ ized : 60.04-ex 11 ; 13 ; — Shirts , undervests , T-shirts , sin­ ex 24 ; ex 29 ; ex glets and the like , other than of 35 ; 41 ; ex 45 ; silk or noil or other waste silk ex 59 ; ex 70 ; ex or of flax or ramie 80

3 60.05 Outer garments and other articles, Benelux Items 600 000 (') 513 600 knitted or crocheted , not elastic or France 2 200 000 (') 1 900 400 rubberized : ex A. Outer garments and other articles : 60.05-01 ; 22 ; — Jerseys, pullovers, slip­ 23 ; 24 ; 25 ; ex overs , 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 61.02 Women's, girls ' and infants' outer France Items 1 600 000 (1) 1 369 700 garments : ex B. Other than babies' garments : 61.02-83 ; 85 ; — Shirts and blouses , other \ 87 ; ex 89 than of silk or noil or other waste silk or of flax or ramie

5 ex 61.03 Benelux Items 342 500 Men s and boys ' under garments , 400 000 (-') including collars, shirt fronts and France 2 459 200 (-') 2 631 400 cuffs : United Kingdom ( 3 ) 2 030 000 (3 )

61.03-1 1 ; 15 ; — Shirts , other than of silk or noil ex 19 or other waste silk or of flax or ramie

6 ex 61.03 France Items 2 014 000 (-) 2 1 55 000 Men's and boys ' under garments, including collars, shirt fronts and cuffs : 61.03-ex 31 ; — Pyjamas, other than of silk or ex 35 ; ex 39 noil or other waste silk or of flax or ramie

No L 19 / 18 22 . 1 . 77 Official Journal of the European Communities

Quantitative limits CCT Cate­ NIMEXE code Member heading Description Units gory No No ( 1976) States 1975 / 76 1977

7 61.05 Handkerchiefs : Benelux 90.0 (') 73.4 1 000 kg Italy 273.3 C ) 222.8 France 83.3 (2 ) 85.0 ex B. Other : 61.05-30 — Of cotton

8 62.02 Bed linen , table linen , toilet linen Italy 1 000 kg 320 0( 1 273.9 and kitchen linen , curtains and other furnishing articles : ex B. Other than net curtains : 62.02-11 ; 41 ; — Of cotton 43 ; 47 ; 71 ; 73 ; 81 (') The quantitative restrictions established by this Regulation enter into effect on 1 October 1 97 S and the first quota period runs from I October 1975 to 31 December 1976 . (! ) The quantitative restrictions established by this Regulation enter into effect on I January 1976 and the first quota period is the year 1976 , ( 3 ) The quantitative restrictions established by this Regulation enter into effect on I October 1976 and the first quota period runs from I October 1976 to 31 December 1977 .

22 . 1 . 77 No L 19 / 19 Official Journal of the European Communities

ANNEX C

Details referred to in Article 1 (3)

The export licences issued by the competent Macao authorities (') for products covered by this Regu­ lation shall specify or contain : 1 . the designation , 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 Macao authorities 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 within the territory of Macao for export to the Community.

(') Renammo Provincial de Servilo?, de Economia de Macao.

No L 19 / 20 Official Journal of the European Communities 22. 1 . 77

ANNEX D

Certificate referred to in Article 3

The certificate issued by the competent Macao authorities (') for the products referred to in Article 3 of this Regulation shall contain : 1 . the following heading (2 ) : ' Certificate in respect of cottage industry textile products referred to in Article 6 of the Agreement between the EEC and Macao on trade in textile products' ; 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 (3) : 'This is to certify that the above shipment consists of : — cotton handloom fabrics (as defined in Article 6 of the Agreement) containing not more than 5 % by weight of man-made fibres, — handmade goods made up by the cottage industry from cotton handloom fabrics (as defined in Article 6 of the Agreement), — jerseys and pullovers knitted by hand from wool yarns without use of a machine, — traditional Macao folklore handicraft textile products cut, sewn or otherwise fabricated by hand in cottages which are units of the cottage industry. Signed '

(') Reparti<;ào Provincial de Services de Fconomia de Macao . (-) The products referred to are those set out in Article ? of this Regulation . ( 3 ) The definition referred to in the first two indents is that set out in Article 1 of this Regulation .