31972R2763
Official Journal of the European Communities 65
30 . 12 . 72 Official Journal of the European Communities No L 296/63
REGULATION (EEC) No 2763 /72 OF THE COUNCIL
of 19 December 1972
opening , allocating and providing for the administration of Community tariff quotas for certain textile products originating in developing countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES , which undertake vis-a-vis the Community com mitments similar to those existing under that Arrange Having regard to the Treaty establishing the Euro ment and for the duration of the said Arrangement pean Economic Community ; (which expires on 30 September 1973 ) ; whereas it is apparent that only imports from these countries are to form the basis for calculating the abovementioned Having regard to the proposal from the Commission ; ceilings ; whereas, with particular regard to the re lation which Article 6 of the said Long-term Arrange Whereas, within the context of UNCTAD , the Euro ment establishes between cotton products and sub pean Economic Community offered to grant tariff stitute products , it appears justifed in these circum preferences on finished and semi-finished products stances and by virtue of the fact that a total suspension coming from developing countries ; whereas the prefer of customs duties is involved to include in the same ential treatment proposed in that offer covers, gener scheme as that described above those substitute textile ally speaking, all finished and semi-finished industrial products given in the conditional list of partial and products by Chapter 25 to 99 of the Brussels Nomen limited reductions of customs duties deposited with clature originating in developing countries ; whereas GATT by the Community during the last series of the preference consists in the granting of exemption tariff negotiations ; from customs duties ; whereas preferential imports are effected up to the le\ el of ceilings calculated by value Whereas , moreover, in view of the special nature which in respect of each product on the basis of factors which trade in the products concerned may have, it appears are uniform for all the products ; whereas in order that the preferences grant2d to the most competitive devel expedient wherever this is justified by the particular sensitivity of the product to determine in terms of oping country or countries should be restricted and tonnages the ceilings for the preferential imports of that a substantial quota share should be reserved such product, taking due account of deliveries carried for the least competitive, preferential imports from out during 1968 by the benefiting countries alone ; any one developing country in respect of a given prod whereas, moreover, particularly in view of the high uct should not, as £ general rule, exceed 50% of the level of deliveries of the textiles in question to the ceiling fixed for that product ; Community by the third countries concerned, it appears appropriate, except in particular instances, to Whereas, in the offer made by the Community, the restrict preferential imports from any single benefit annual ceilings should ordinarily be calculated on the ing country to 30% of the ceiling laid down for each basis of the total value for 1968 of c.i.f. imports from category of textile products concerned ; the countries benefiting from this scheme, excluding those already enjoying various preferential tariff Whereas the offer made by the Community includes arrangements granted by the Community, increased a clause stipulating that the Community drew up the by 5% of the value of c.i.f. imports from the other offer on the assumption that all the main industrialized countries and from the countries already enjoying countries which are members of the OECD would such arrangements ; participate in granting preferences and would make similar efforts in this direction ; whereas, moreover, it Whereas, however, in respect of coLton textile prod is evident from the conclusions worked out in ucts covered by the Long-term Arrangement regard UNCTAD that this offer, while being of a temporary ing International Trade in Cotton Textiles, the offer nature, does not constitute a binding commitment and , made by the Community lays down that the prefer in particular, may be withdrawn wholly or in part at ences , in the form of duty-free ceilings ordinarily cal a later date ; whereas this possibility may be adopted culated according to the formula set out in the preced inter alia with a view to remedying any unfavourable ing recital, will be granted to the countries enjoying situations which might arise in the associated countries generalized preferences which are signatories to the following [ the implementation of the generalized Long-term Arrangement or possibly to those countries preference scheme ;
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Whereas tariff preferences have been applied as from under these conditions, it would be advisable still at the second half of 1971 under the conditions set out this stage to adopt a fixed scale for allocating the Com above and whereas these preferences should continue munity tariff quotas concerned among the Member to be applied, pro rata temporis, until 30 September States ; whereas, using] as a basis general economic 1973 ; criteria relating to external trade, the gross national product and population, the percentages for the initial shares of the Member States in the quota amounts are Whereas it is expedient, therefore, in respect of the as follows for the quota year under consideration : products referred to in Annex A which originate in the countries listed in Annex B, that the Community should open, until 30 September 1973 , duty-free Com Germany 37*5% munity tariff quotas within the limits of the amounts Benelux 15*1 % in metric tons given in respect of each of these products ; France 27*1% Italy 20-3% Whereas changes against each of these tariff quotas must, in respect of the products originating in any of the abovementioned countries, come within a specified Whereas, without affecting the Community nature of percentage of the amount of the quota ; the tariff quotas, under consideration, it appears possi ble to provide at this stage for a utilization scheme Whereas the benefit of such tariff quotas should be based on a single allocation among the Member reserved for products originating in the countries under States ; whereas, moreover, the allocation set out by consideration, the concept of ' originating products' this Regulation in no way prejudices the possibility of being determined in accordance with the procedure adopting, following a limited experimental period, the laid down in Article 14 of Council Regulation (EEC) general method of allocation of Community tariff No 802/68 (x) of 27 June 1968 on the common defini quotas comprising the setting up of a reserve share ; tion of the concept of the origin of goods ; whereas whereas at the present juncture it appears feasible that charges against each of these ceilings must, as a general such allocation could be made according to the per rule, come within a maximum Community amount of centages set out in the table above ; 50% in respect of the products originating in any of the abovementioned countries ; Whereas the percentages for the shares of the Member States in the Community tariff quotas , in view of the Whereas it is necessary to ensure equal and continu duration and amounts thereof, does not appear in this ous access for all Community importers to the above instance to compromise the equal access for Com munity importers to Community tariff quotas ; mentioned quotas and the uninterrupted application of the rate laid down for those quotas to all imports of the products concerned into all Member States Whereas since the Kingdom of Belgium, the Kingdom until those quotas are used up ; whereas, having regard of the Netherlands and the Grand-Duchy of Luxem to the principles defined above, the Community nature bourg are united in and represented by the Benelux of the quotas can be respected by allocating the Com Economic Union for the allocation of the tariff quotas munity tariff quota among Member States ; whereas, concerned, any measure concerning the adminis moreover, to this end and in the context of the utili tration of the quota shares allocated to that Economic zation system, the actual charges against the quotas Union may be carried out by one of its Members ; may relate only to products which are presented for customs clearance under cover of declarations that Whereas , since the tariff quotas concerned are valid they have been entered into consumption and which until 30 September 1973 , the system established could are accompanied by a certificate of origin ; be amended to take into account the accession of new Member States ; Whereas the application of the generally accepted principles in respect of deallocation of the Community tariff quotas which have been^opened {until now entails , under these circumstances and in view of the HAS ADOPTED THIS REGULATION : variety of the products concerned and in view of the specification of the benefiting countries , calculations Article 1 which are all the more problematic in that the statistical data required sometimes prove to be incomplete or not sufficiently accurate or representative ; where 1 . From 1 January to 30 September 1973 , the Common as the time required for these calculations cannot be Customs Tariff duties on the products listed in Annex reconciled with the continuity necessary for the appli A shall be completely suspended within the frame cation of the tariff preferences concerned ; whereas , work of Community tariff quotas of volumes which shall be expressed in metric tons and which shall be indicated in respect of each product in column 3 of such Annex. O OJ No L 148 , 28 . 6 . 1968 , p . 1 .
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2. These tariff quotas shall be enjoyed solely by prod sumption, and which are accompanied by a certificate ucts originating in the countries listed in Annex B. of origin in accordance with the rules referred to in However, those impo::ts which already enjoy exemp Article 1 (2). tion from customs cuties under other preferential tariff arrangements granted by the Community may 3 . An item of goods may qualify for a tariff quota if not be charged against these tariff quotas. For the the certificate of origin referred to in paragraph 2 is purposes of the application of this Regulation , the con submitted before the date on which the levying of cept of originating products shall be determined in duties is reintroduced . accordance with the procedure laid down in Article 14 of Regulation (EEC) No 802/68. Artiele 4
3 . The amount to be charged in respect of each The Commission shall take all necessary measures to country referred to in paragraph 2 against each of the ensure that the maximum amount referred to in Article tariff quota amounts mentioned above shall be limited 1 (3) is observed . When the charges , at Community to the maximum' amount given as a percentage and in level , of products originating in each of the countries metric tons in column 4 of Annex A in respect of each listed in Annex B, against any one of the Community category of products. tariff quotas reach the maximum amount laid down in column 4 of Annex A, the Commission shall im 4 . Any amendment to Annex B , in particular by the mediately notify the Member States of the date on addition of new countries enjoying tariff preferences, which, as a result of this factor, the normal tariff is to may entail a corresponding adjustment to the volumes be reintroduced in respect of the country in question. of the quotas and to the maximum amounts appearing This notification shall be published in the Official in columns 3 and 4 of Annex A. Journal of the European Communities .
Article 5 Article 2 Member States shall inform the Commission at regular The Community tarifl quotas referred to in Article 1 intervals of imports of the products in question shall be allocated in cuota shares which shall be, for actually charged against their quota shares. each Member State, the amounts corresponding to the quantities given in column 5 of Annex A in respect Article 6 of each category of products . Member States and the Commission shall cooperate closely to see that the provisions of the above Articles Article 3 are observed .
1 . The Member States shall ensure free access to the Article 7 quota shares which have been allocated to them for importers of the products concerned who are estab The above provisions may be amended to take account lished on their territory. of the situation resulting from the accession of new Member States . 2. The extent to which the quota shares of Member States have been actusily used up shall be recorded on Article 8 the basis of imports of the products in'question which have been presented fcr customs clearance under cover This Regulation shall enter into force on 1 January of declarations that they have been entered into con 1973 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 19 December 1972 .
For the Council The President T. WESTERTERP
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. ANNEX A
List of products subject to zero-duty Community tariff quotas under the Generalized Tariff Preferences granted in favour of certain developing countries
Maximum amount per Quota country CCT amount Share of quota amounts Order heading Description (4) allocated to Member States (in metric No No (in metric tons) tons) in % in metric (1 2) 3 tons (5)
1 55.05 Cotton yarn, not put up for retail sale : 566 30 170 Germany : 212-25 Benelux : 85-47 France : 153-38 B. Other Italy : 114-90
II . Not specified :
Single , measuring per kg : — 14 000 m or less
2 more than 14 000 m and up to 2 138 30 641 Germany : 801-75 40 000 m Benelux : 322-84 France : 579-40 Italy : 434-01
3 more than 40 000 m and up to 735 30 221 Germany : 275-63 80 000 m Benelux : 110-98 France : 199-19 Italy : 149-20
More than 80 000 m and up to 105 30 32 Germany : 39-38 4 120 000 m Benelux : 15-85 France : 28-45 Italy : 21-32
5 55.09 Other woven fabrics of cotton : 383 30 115 Germany : 143-63 Benelux : 57-83 France : 103-79 A. Containing 85% or more by weight Italy : 77-75 of cotton :
ex I. Of a width of less than 85 cm
— Unbleached
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Maximum amount per Quota country CCT amount Share of quota amounts Order heading Description (in metric (4) allocated to Member States No No (in metric tons) tons) in % in metric tons (1 ) (2) (3 ) (5)
6 55.09 II . Other 1913 30 574 Germany : 717-38 (cont'd) Benelux : 288-86 — Unbleached , of a width of : France : 518-42 — 85 cm to 115 cm Italy : 388-34
7 — Alore than 115 cm and up 1 163 30 349 Germany : 436-13 to 165 cm Benelux : 175-61 France : 315-17 Italy : 236-09 8 — More than 165 cm 375 30 113 Germany : 140-63 Benelux : 56-63 France : 101-62 Italy : 76-12 9 — Not specified 158 · 30 47 59-25 Germany : Benelux : 23-86 France : 42-82 Italy : 32-07
10 56.05 Yarn of man-made fibres (discontinuous 180 30 54 Germany : 67-50 cr wasre), not put up for retail sale : Benelux : 27-18 France : 48-78 Italy : 36-54 B. Of regenerated textile fibres
11 56.07 Woven fabrics of man-made fibres 180 30 54 Germany : 67-50 (discontinuous or waste) : Benelux : 27-18 France : 48-78 B. Of .regenerated textile fibres Italy : 36-54
12 ex 60.03 Stockings , under stockings , socks , ankle 83 30 25 Germany : 31-13 Benelux : 12-53 socks , sockettes and the like, knitted or France : 22-49 crocheted, not elastic nor rubberized : Italy : 16-85 — Of cotton
13 62.02 Bed linen , table-linen , toilet linen and 75 30 ■ 23 Germany : 28-13 kitchen linen ; curtain and other fur Benelux : 11-33 nishing articles : France : 20-32 Italy : 15-22 — In woven fabrics of cotton
— Other 44 30 13 Germany : 16-50 Benelux : 6-64 France : 11-93 Italy : 8-93
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ANNEX B
List of developing countries benefiting under the Generalized Tariff Preferences for certaiten textile products
Afghanistan Argentina Bangladesh Colombia
Egypt, Arab Republic of
El Salvador India , Jamaica Korea , Republic of (South Korea) Mexico Pakistan Thailand