31977R2757
No L 319 /4 14 . 12 . 77 Official Journal of the European Communities
COUNCIL REGULATION (EEC) No 2757/77 of 5 December 1977 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 ( 1978 )
THE COUNCIL OF THE EUROPEAN Whereas Article 14 of the said Supplementary COMMUNITIES, Protocol only provides for such an allocation of tariff quotas between the Community as originally consti tuted and the three new Member States until 1 July Having regard to the Treaty establishing the European 1977 ; whereas, moreover, following the end of the Economic Community, and in particular Article 113 transitional period laid down in Article 39 of the Act thereof, of Accession , it is necessary to create a common system of administration of the tariff quotas concerned, consisting in each case of the opening of a single quota divided between all the Member States Having regard to the proposal from the Commission, according to the usual criteria and the creation of a single Community reserve, open to all Member States ;
Whereas, pending the entry into force of the Supple mentary Protocol signed in Ankara on 30 June 1973 containing the adjustments to be made to the Agree ment establishing an Association between the Euro whereas it is desirable to provide for a provisional pean Economic Community and Turkey and to the adjustment of the tariff advantages for these goods Additional Protocol ( ! ) consequent on the accession of consisting of a total suspension of the customs duties new Member States, the Community has undertaken , of the Common Customs Tariff and an increase in the in an Interim Agreement (2) which runs only for the quotas ; whereas the volumes of the quotas to be period prior to the entry into force of this Supplemen opened for 1978 are therefore 1 026 tonnes for cotton tary Protocol which is applicable until 31 December yarn and 2 415 tonnes for other woven fabrics of 1974 but which has been extended for 1978 in accor cotton ; dance with the terms laid down in Article 13 thereof, to implement certain provisions of the Supplementary Protocol relating to trade in goods ; whereas, under Article 6 of this Interim Agreement amending Article 1 of Annex 2 to the Additional Protocol , the Commu Whereas pursuant to Article 1 of Annex 2 to the Addi nity must reduce by 75 % the customs duties on tional Protocol together with Article 2 of the Interim imports from Turkey of certain textile products falling Agreement, for the duration of 1978 in particular, the within heading Nos 55.05 and 55.09 of the Common Community must partially reduce the duties appli Customs Tariff, within the limit of annual Commu cable in respect of third countries to carpets, carpeting nity tariff quotas of 390 tonnes for cotton yarn and and rugs, knotted (made up or not) of wool or of fine 1 390 tonnes for woven fabrics of cotton ; whereas the animal hair, (excluding hand-made carpets, carpeting abovementioned Article 6 allocates these Community and rugs) imported from Turkey ; whereas it also tariff quotas as follows : appears advisable to improve this tariff advantage prov isionally by means of a total suspension of the duties applicable to the products in question within a — for cotton yarn : Community tariff quota fixed at a provisional level of 185 tonnes for 1978 and allocated in accordance with 300 tonnes to the Community as originally consti the same percentages as those adopted for 1977 ; tuted, 40 tonnes to Denmark, 10 tonnes to Ireland and 40 tonnes to the United Kingdom ;
— for woven fabrics of cotton : Whereas, it is necessary to guarantee to all Commu 1 000 tonnes to the Community as originally nity importers equal and uninterrupted access to the constituted, 20 tonnes to Denmark, 10 tonnes to abovementioned quotas and uninterrupted application Ireland and 360 tonnes to the United Kingdom ; of the rate laid down for those quotas to all imports of the product concerned into all Member States until (!) OJ No L 293, 29 . 12 . 1972, p. 4. the quota has been used up ; whereas in the light of (2 ) OJ No L 277, 3 . 10 . 1973 , p. 2 . the principles mentioned above, the Community
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nature of the quotas can best be respected by allo Turkey of the products concerned, as shown by the cating the Community tariff quotas among the statistics for the majority of the Member States the Member States ; whereas, in order to reflect most accu Community character of the tariff quotas concerned rately the actual development of the market in the should be safeguarded by making provisions to cover product concerned, such allocation shall be in propor needs which might arise in these Member States. tion to the needs of the Member States, assessed by reference both to the statistics of each State's imports from Turkey over a representative period and to the Whereas imports into the various Member States from economic outlook for the quota period concerned ; Turkey were as follows during the last three years for whereas, in spite of the limited need for imports from which complete statistics are available :
1974 1975 1976 tonnes % tonnes % tonnes %
Cotton yarn Benelux 7 000 27-76 4 255 14-13 13 648 18-31 Denmark 0 0 127 0-42 13 0-02 Germany 6 333 251 1 14 196 47-15 . 25 000 33-54 France 1 806 716 1 044 3-47 2 389 3-21 Ireland 34 013 0 0 145 0-19 Italy 6 690 26-53 7 999 26-57 30 019 40-28 3 357 13-31 2 485 8-26 3 319 4-45 United Kingdom
25 220 30 106 74 533
Other woven fabrics of cotton Benelux 1 000 53-70 948 64-33 535 17-38 Denmark 2 01 1 11 0-75 36 1-17 Germany 456 24-49 151 10-25 1 100 35-74 France 194 10-42 95 6-45 481 15-63 Ireland 0 0 0-5 0-03 1 0-03 Italy 210 11-28 244 16-56 835 27-13 United Kingdom 0 0 24 1-63 90 2-92
1 862 1 473-5 3 078
Whereas, in view of these figures and foreseeable into two tranches, the first tranche being allocated to market trends for the products concerned during the Member States, and the second held as a reserve 1978, the initial shares may be fixed approximately at intended ultimately to cover the requirements of those the following percentages : .. Member States which have used up their initial shares ; whereas, in order to ensure a certain degree of Other woven security to importers, the first tranche should be deter Cotton yarn fabrics mined at a relatively high level, which, under present of cotton circumstances, may be about 80 % of each quota volume ; Benelux 16-16 20-08 Denmark 8-71 1 - 80 Germany 35-86 15-05 France 4-29 22-55 Ireland 2-27 0-92 Italy 23-99 7-50 Whereas the initial quota shares of the Member States United Kingdom 8-72 32-10 may be used up at different times ; whereas, in order to take this fact into account and avoid any break in continuity, it is important that any Member State having used up almost the whole of one of its initial quota shares should draw an additional quota share from the corresponding reserve ; whereas this must be Whereas, in order to take into account the uncertainty done by each Member State as and when each of its of the import trends for the products concerned in the additional quota shares is almost entirely used up, and Member States, the quota volumes should be divided repeated as many times as each of the reserves allows ;
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whereas each of the initial and additional quota shares which, subject to Article 5 shall be valid until 31 must be available for use until the end of the quota December 1978 , shall be as follows : period ; whereas this method of administration calls (tonnes) for close cooperation between Member States and the Commission, which must, in particular, be able to CCT heading No observe the extent to which the quota amount is used Member States 55.05 55.09 ex 58.01 A II and inform Member States thereof ;
Benelux 128 391 14 Whereas, if at a specified date in the quota period a considerable balance remains in one or other Member Denmark 69 35 14 Germany 284 293 36 State, it is essential that that Member State pays a France 34 439 26 percentage of it back into the corresponding reserve, 18 Ireland 18 2 in order to prevent a part of one or other of the 190 146 18 Italy Community quotas from remaining unused in one 69 625 41 United Kingdom Member State when it could be used in others ; 792 1 947 151 Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented 2. The second tranche of each quota, amounting to by the Benelux Economic Union, any measure 234, 468 and 34 tonnes respectively, shall make up concerning the administration of the shares allocated the corresponding reserve. to that economic union may be carried out by any one of its members, Article 3
HAS ADOPTED THIS REGULATION : 1 . If 90 % or more of one of any Member State's initial shares, as laid down in Article 2 ( 1 ) or 90 % of that share less the amount returned to the corres Article 1 ponding reserve where Article 5 has been applied, has been used up, that Member State shall without delay, 1 . From 1 January to 31 December 1978 , Commu by notifying the Commission, draw a second share in nity tariff quotas shall be opened for the following the quota equal to 1 5 % of its initial share, rounded products coming from Turkey : up to the next unit where appropriate, to the extent that the amount in the reserve allows . (tonnes) CCT 2. If, after one or other of its initial shares has been heading Description Quota used up, 90 % or more of the second share drawn by No one of the Member States has been used up, that Member State shall, in the manner provided for in 55.05 Cotton yarn, not put up for paragraph 1 , draw a third share equal to 7-5 % of its retail sale 1 026 initial share . 55.09 Other woven fabrics of cotton 2415 58.01 3 . If, after one or other of its second shares has Carpets, carpeting and rugs, knotted (made up or not) : been used up, 90 % or more of the third share drawn A. Of wool or of fine animal by a Member State has been used up, the latter shall, hair : in the same manner, draw a fourth share equal to the third . II . Other, excluding hand made carpets, carpeting and rugs 185 This procedure shall be followed until the reserve has been exhausted .
2. The Common Customs Tariff duties are totally 4. Notwithstanding paragraphs 1 , 2 and 3, Member suspended within these tariff quotas. States may draw smaller shares than those fixed in those paragraphs if there is reason to believe that those shares might not be used up. They shall inform Article 2 the Commission of their reasons for applying this paragraph . 1 . A first tranche of each of the quotas referred to in Article 1 , which shall be 792 tonnes for cotton yarn not put up for retail sale, 1 947 tonnes for other Article 4 woven fabrics of cotton and 151 tonnes for carpets, carpeting and rugs of wool or fine animal hair, shall Each of the additional shares drawn pursuant to be shared among the Member States ; the shares Article 3 shall be valid until 31 December 1978 .
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Article 5 pursuant to Article 3, it is possible for imports to be counted without interruption against their accumu The Member States shall return to the reserve, not lated shares of the Community tariff quotas. later than 1 October 1978, the unused portion of their initial share which, on 15 September 1978, is in 2. Member States shall ensure for importers of the excess of 20 % of the initial amount. They may return products concerned established in their territory free a greater portion if there are grounds for believing access to the shares allocated to them . that such portion may not be used in full. Member States shall , not later than 1 October 1978 3. Member States shall charge imports of the said notify the Commission of the total imports of the goods against their shares as and when the goods are entered with customs authorities for home use . products concerned effected under the Community quotas up to and including 15 Sptember 1978 , and, 4 . The extent to which the Member States' shares where appropriate, the proportion of each of their initial shares that they are returning to each of the have been used up shall be established on the basis of reserves . imports counted in accordance with paragraph 3.
Article 6 Article 8 The Commission shall keep account of the shares opened by Member States in accordance with Articles On receipt of a request from the Commission, 2 and 3 , and shall inform each of them of the extent Member States shall inform it of imports of the to which the reserves have been used as soon as it products concerned actually charged against their receives the notifications . shares .
It shall, not later than 5 October 1978 , notify the Member States of the state of each of the reserves after Article 9 the return of shares pursuant to Article 5. It shall ensure that any drawing which uses up a The Member States and the Commission shall coop reserve is limited to the balance available and, for this erate closely in order to ensure that the provisions of purpose, shall specify the amount thereof to the this Regulation are complied with . Member State which makes the final drawing.
Article10¶
1 . Member States shall take all measures necessary This Regulation shall enter into force on 1 January to ensure that, when additional shares are drawn 1978 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 5 December 1977. For the Council
The President A. HUMBLET