31978R1926
16 . 8 . 78 No L 225 / 11 Official Journal of the European Communities
COUNCIL REGULATION (EEC ) No 1926/78
of 25 July 1978
on the opening, allocation and administration of a Community tariff quota for processing work in respect of certain textile products under Community outward processing arrange ments
THE COUNCIL OF THE EUROPEAN COMMUNITIES , 1 January to 31 August 1979 ; whereas the Community tariff quota in question should be opened initially for the period 1 September to 31 December 1978 to cover four-twelfths of the annual amounts ; Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Whereas provision should be made in particular to ensure equal and continuous access for those concerned with this quota and consistent application of the rate of Having regard to the proposal from the Commission, duty prescribed for the said quota until the quota is exhausted, to all goods reimported into any of the Member States and which have received one or other of the treatments listed above ; whereas , in the light of Whereas on 1 August 1969 the Community concluded these principles, arrangements for the utilization of the an arrangement with Switzerland on processing traffic quota based on an allocation among the Member States in textiles ; whereas under that arrangement the Com would seem to be consistent with the Community munity undertook to open on 1 September of every year character of the said quota ; whereas it therefore seems an annual duty-free Community tariff quota for appropriate to make the allocation on the basis of the processed goods of 1 870 000 units of account of added amount of the traffic under the previous bilateral value, apportioned as follows : agreements , but without precluding participation by Member States not previously involved in such traffic, ( a) 1 650 000 units of account for processing work on among which the new Member States are included ; woven fabrics falling within Chapters 50 to 57 of whereas, to safeguard the Community character of the the Common Customs Tariff, quota, provision should be made to meet requirements which may arise in those Member States in the future permitting them to draw adequate amounts from the (b) 143 000 units of account for the twisting or throw Community reserve ; ing, cabling and texturizing (whether or not com bined with other processing works) of yarns falling within Chapters 50 to 57 of the Common Customs Tariff, Whereas to take account of future trends in the traffic in question in the various Member States , the total quota volume of 623 334 units of account should be ( c) 77 000 units of account for processing work on divided into two tranches , the first being allocated products falling within heading Nos 58.04 , 58.05 , among certain Member States and the second held as a 58.07 , 58.08 , 58.09 and 60.01 of the Common reserve to cover the subsequent requirements of Customs Tariff; Member States when one of their initial shares has been exhausted and also, requirements which may arise in certain Member States in respect of processing work for which no initial share of the quota was allocated ; Whereas, in order that the division of the whole quota whereas, in order to give the parties concerned in each into the three categories referred to above shall corre Member State some degree of certainty, it would seem spond more exactly with the actual movement of trade appropriate to fix the first tranche of the Community during the reference year or during previous quota quota at a relatively high level , namely 546 667 units of periods as well as with the foreseeable movement of account; whereas the total Community reserve of trade during future quota periods , it has been decided to 76 667 units of account shall consist of amounts drawn adjust the said allocation between the three categories from the allocations in respect of each category, that is by giving them 1 520 000, 123 000 and 227 000 units 53 334, 4 333 and 19 000 units of account respectively ; of account respectively ; whereas the application of the European unit of account as from 1 January 1979 to Acts adopted l?y the institutions of the European Communities nevertheless requires that the quota Whereas the Member States may exhaust their initial period be divided into two parts , one being from shares at different rates ; whereas to avoid disruption of 1 September to 31 December 1978 , and the other from supplies on this account it should be provided that any
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Member State which has almost used up one of its in 58.05 Narrow woven fabrics, and narrow fabrics itial shares should draw an additional share from the (bolduc) consisting of warp without weft reserve ; whereas each time its additional share is almost assembled by means of an adhesive, other exhausted a Member State should draw a further share, than goods falling within heading No 58.06, and so on, as many times as the reserve allows ; whereas 58.07 Chenille yarn (including flock chenille yarn), the initial and additional shares should be valid until the gimped yarn (other than metallized yarn of end of the quota period ; whereas this form of adminis heading No 52.01 and gimped horsehair tration requires close collaboration between the yarn); braids and ornamental trimmings in Member States and the Commission, and the Com the piece; tassels, pompons and the like, mission must be in a position to keep account of the extent to which the quota has been used up and to in 58.08 Tulle and other net fabrics (but not including form the Member States accordingly ; woven, knitted or crocheted fabrics ), plain ,
58.09 Tulle and other net fabrics ( but not including Whereas if at a given date during the quota period a woven, knitted or crocheted fabrics), figured; considerable quantity of a Member State's initial share hand or mechanically made lace, in the piece, remains unused it is essential, to prevent a part of the in strips or in motifs, quota from remaining unused in one Member State while it could be used in others, that such State should 60.01 Knitted or crocheted fabric, not elastic or rubberized . return a significant proportion thereof to the reserve;
Whereas , since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxem 2 . For the purposes of this Regulation : bourg are united in and jointly represented by the Benelux Economic Union, any transaction in connection (a) 'processing work' means : with the administration of the shares allocated to that — for the purposes of paragraph 1 (a) and ( c): economic union may be carried out by any one of its bleaching, dyeing, printing, flocking, impregnat members, ing, dressing and other work which changes the appearance or quality of the goods, without 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 finish of the goods, without however changing their nature ; Article 1 (b) 'value added' means : the difference between the 1 . From 1 September to 31 December 1978 , a Com value for customs purposes as defined in Regu munity tariff quota of 623 334 units of account of value lation (EEC) No 803 /68 ( 1 ) at the time of re-im added shall be opened in the European Economic portation and the value for customs purposes as it would be if the products were re-imported in the Community in respect of goods resulting from process ing work as provided for in the arrangement with Swit state in which they were exported. zerland on processing traffic in textiles. Such quota shall be apportioned as follows : 3 . Each portion as laid down in paragraph 1 shall be divided into two tranches, the first being allocated (a) 506 667 units of account for processing work on among certain Member States in accordance with woven fabrics falling within Chapters 50 to 57 of Article 2 ( 1 ) and the second being used to constitute a the Common Customs Tariff; reserve which shall be common to the three categories of processing. (b) 41 000 units of account for twisting or throwing, cabling and texturizing (whether or not combined with other processing work) of yarns falling within 4. Within this tariff quota, the Common Customs Chapters 50 to 57 of the Common Customs Tariff; Tariff duties shall be totally suspended.
(c) 75 667 units of account for processing work on 5 . Re-imports of products resulting from this pro articles falling within the following headings of the cessing work may not be charged to the tariff quota if Common Customs Tariff: they are already free of customs duties under other 58.04 Woven pile fabrics and chenille fabrics ( other preferential tariff arrangements. than terry towelling or similar terry fabrics of cotton falling within heading No 55.08 and fabrics falling within heading No 58.05 ), (^ OJ No L 148 , 28 . 6 . 1968 , p. 1 .
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Article2¶
1 . The first tranche of each portion of the quota as laid In case of need, either in France in respect of the pro down in Article 1(1 ) shall be allocated as set out below cessing work referred to in Article 1 ( 1 ) (b), or in any of among the Member States listed in the above arrange the new Member States in respect of any of the ment ; the shares, subject to Article 6, shall be valid categories of processing work, the State concerned shall, from 1 September to 31 December 1978 . to the extent that the reserve so permits, draw from such reserve a sufficient share of the quota. ( a) Germany :
360 000 units of account, apportioned as follows : Article 4 — 283 334 units of account for processing work 1 . If a Member State has used 90 % or more of one of on woven fabrics falling within Chapters 50 to its initial shares as fixed in Article 2 ( 1 ), or of that share 57 of the Common Customs Tariff, minus any portion returned to the reserve pursuant to — 33 333 units of account for twisting or throw Article 6, it shall forthwith, by notifying the Com mission draw a second share, to the extent that the ing, cabling and texturizing (whether or not combined with other processing work) of yarns relevant reserve so permits, equal to 10 % of its initial share, rounded up as necessary to the next whole falling within Chapters 50 to 57 of the Common number. Customs Tariff,
— 43 333 units of account for processing work on products falling within heading Nos 58.04, 2 . If a Member State, after exhausting one of its initial 58.05 , 58.07, 58.08 , 58.09 and 60.01 of the shares, has used 90 % or more of the second share Common Customs Tariff; drawn by it, that Member States shall, in accordance with the conditions laid down in paragraph 1 , draw a ( b ) France : third share equal to 5 % of its initial share.
173 334 units of account, apportioned as follows : 3 . If a Member State, after exhausting its second share, — 166 667 units of account for processing work has used 90 % or more of the third share drawn by it, on fabrics falling within Chapters 50 to 57 of that Member State shall, in accordance with the same the Common Customs Tariff, condition, draw a fourth share equal to the third. — 6 667 unite of account for processing work on products falling within heading Nos 58.04, This process shall continue to apply until the reserve is 58.05 , 58.07 , 58.08 , 58.09 and 60.01 of the exhausted . Common Customs Tariff;
( c) Italy : 4 . Notwithstanding paragraphs 1 to 3 , a Member State may draw shares lower than those specified in those 6 666 units of account, i.e. half for twisting or paragraphs if there are grounds for believing that those throwing, cabling and texturizing (whether or not specified may not be used in full. Any Member State combined with other processing work) of yarns fal applying this paragraph shall inform the Commission of ling within Chapters 50 to 57 of the Common its grounds for so doing. Customs Tariff, and half for processing work on products falling within heading Nos 58.04, 58.05 , 58.07, 58.08 , 58.09 and 60.01 of the Common Customs Tariff; Article 5
( d) Benelux : Additional shares drawn pursuant to Article 4 shall be valid until 31 December 1978 . 6 667 units of account for processing work on threads and woven fabrics falling within Chapters 50 to 57 or for products falling within heading Nos Article 6 58.04 , 58.05 , 58.07, 58.08 , 58.09 and 60.01 of the Common Customs Tariff. The Member States referred to in Article 2 shall, not later than 1 December 1978 , return to the reserve the unused portion of their initial share which, on 2 . The second tranche which amounts to 76 667 units 15 November 1978 , is in excess of 20 % of the initial of account shall constitute a Community reserve which volume. They may return a greater portion if there are may be used for the three categories of processing. grounds for believing that it may not be used in full .
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Member States shall , not later than 1 December 1978 , Article 4 are opened in such a way that re-importation notify the Commission of the total quantities of the may be charged without interruption against their product in question re-imported, up to and including accumulated shares of the quota. 15 November 1978 , and charged against the Com munity quota and of any portion of their initial quotas 2 . Every Member State shall ensure that all persons returned to the reserve . established in its territory involved in the processing traffic have free access to the shares allocated to it.
Article 7 3 . The extent to which a Member State has used up its shares shall be determined on the basis of the value The Commission shall keep an account of the shares added, as established when upon re-importation the opened by the Member States pursuant to Articles 2 , 3 products concerned are entered with the customs and 4 and shall, as soon as the information reaches it, authorities for home use . inform each State of the extent to which the reserve has been used up . Article 9 It shall , not later than 5 December 1978 , inform the Member States of the amounts still in reserve following At the request of the Commission, the Member States any return of shares pursuant to Article 6 . shall inform it of re-importations charged against their shares . It shall ensure that when an amount exhausting this reserve is drawn the amount so drawn does not exceed Article 10 the balance available, and to this end shall notify the amount of that balance to the Member State making the Member States and the Commission shall cooperate last drawing. closely to ensure that this Regulation is complied with.
Article8¶
1 . Member States shall take all appropriate measures This Regulation shall enter into force on 1 September to ensure that additional shares drawn pursuant to 1978 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 25 July 1978 .
For the Council
The President
K. von DOHNANYI