31972R2764

Official Journal of the European Communities 71

30 . 12 . 72 Official Journal of the European Communities No L 296/69

REGULATION (EEC ) No 2764/72 OF THE COUNCIL

of 19 December 1972 establishing preferential tariffs in respect of certain textile products originating in developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES , the Long-term Arrangement or possibly to those countries which undertake vis-a-vis the Community Having regard to the Treaty establishing the Euro­ commitments similar to those existing under that pean Economic Community ; Arrangement and for the duration of the said Arrangement (which expires on 30 September 1973) ; Having regard to the proposal from the Commission ; whereas it is apparent that only imports from these countries are to form the basis for calculating the abovementioned ceilings ; whereas, with particular Whereas , within the context of UNCTAD , the Euro­ regard to the relation which Article 6 of the said pean Economic Community offered to grant tariff pref­ Long-term Arrangement establishes between cotton erences on finished ard semi-finished products coming products and substitute products, it appears justified from developing countries ; whereas the preferential in these circumstances and by virtue of the fact that treatment proposed in that offer covers , generally a total suspension of customs duties is involved to speaking, all finished ?.nd semi -finished industrial prod­ include in rhe same scheme as that described above ucts covered by Chapters 25 to 99 of the Brussels those substitute textile products given in the conditional Nomenclature which originate in developing countries ; list of partial and limited reductions of customs whereas the preference consists in the granting of exem­ duties deposited with GATT by the Community ption from customs dudes ; whereas preferential imports during the last series of tariff negotiations ; whereas , are effected up to the level of ceilings calculated by value moreover, in view of the special nature which trade in respect of each product on the basis of factors which in the products concerned may have, it appears are uniform for all the products ; whereas, in order expedient to calculate in terms of tonnages the ceilings that the preferences granted to the most competitive for preferential imports of such products ; developing country or countries should be restricted and that a substantial quota share should be reserved for the least competitive, preferential imports from Whereas the offer made by the Community includes a any one developing country in respect of a given clause stipulating that the Community drew up the product should not, as a general rule, exceed 50% of offer on the assumption that all the main industrialized the ceiling fixed for that product ; countries which are members of the OECD would participate in granting preferences and would make Whereas , in the offer made by the Community , the similar efforts in this direction ; whereas , moreover, it is evident from the conclusions worked out in annual ceilings should ordinarily be calculated on the basis of the total value for 1968 of c.i.f . imports from UNCTAD that this offer, while being of a temporary the countries benefiting from this scheme, excluding nature, does not constitute a binding commitment and, those already enjoying various preferential tariff in particular, may be withdrawn wholly or in part at arrangements granted by the Community , increased by a later date ; whereas this possibility may be adopted 5% of the value of c.i.f . imports from the other coun­ inter alia with a view to remedying any unfavourable tries and from countries already enjoying such situations which might arise in the associated countries arrangements ; following the implementation of the generalized preference scheme ; Whereas, however, in lespect of cotton textile products covered by the Long-term Arrangement regarding Whereas tariff preferences have been applied as from International Trade in Cotton Textiles, the offer made the second half of 1971 under the conditions set out by the Community lays down that the preferences, above and whereas these preferences should continue in the form of duty-free ceilings ordinarily calculated to be applied, pro rata temporis, until 30 September according to the formula set out in the preceding 1973 ; whereas with regard to the terms of the offer recital, will be granted to the countries enjoying concerned, the abovementioned additional sum of generalized preferences which are signatories to 5 % may refer to 1970 ;

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Whereas it is expedient, therefore, in respect of the 2 . This suspension shall be enjoyed solely by products products referred to in Annex A which originate in originating in the countries listed in Annex B. How­ the countries listed in Annex B, that the Community ever, imports already enjoying exemption from should allow, for each category of these products customs duties under other preferential tariff arrange­ and until 30 September 1973 , duty-free imports ments shall not be charged against the ceilings specified within the limits of the Community ceilings calculated in paragraph 3 . For the purposes of the application in the manner set out above ; whereas the benefit of of this Regulation, the concept of originating products such tariff exemption should be reserved for products shall be determined in accordance with the procedure originating in the countries under consideration, laid down in Article 14 of Regulation (EEC) No the concept of 'originating products' being determined 802/68 . in accordance with the procedure laid down in Article 14 of Council Regulation (EEC) No 802/68 (*) of 3 . Subject to the provisions of Article 2 and Article 27 June 1968 on the common definition of the con­ 4 (2) this suspension shall be granted, in respect of cept of the origin of goods ; whereas charges against each category of products, within a Community each of these ceilings must, as a general rule, come ceiling which shall be equal to three-quarters of the within a maximum Community amount of 50% in amount obtained by adding together imports in 1968, respect of the products originating in any of the expressed in metric tons, of the products concerned abovementioned countries ; from the countries listed in Annex B, excluding those already enjoying various preferential tariff arrange­ Whereas , under these circumstances, these objectives ments granted by the Community , and 5% of the may be reached by applying a method of administration tonnage of imports in 1970 from other countries and based on the charging, at Community level , against from countries already enjoying such arrangements. the abovementioned ceilings and maximum amounts, of imports of he products concerned as and when 4. Subject to the provisions of Article 2 and Article these products are presented for custom ; clearance 4 (2), within each ceiling thus calculated, charges of under cover of declarations that they have been products originating in any one of the countries listed entered into consumption and accompanied by a in Annex B should not exceed a Community maximum certificate of origin ; whereas this method of administra­ tion must make provision for the reintroduction of amount equivalent to 50% of this ceiling with the Common Customs Tariff duties as soon as the said exception of certain products for which the maximum amount shall be reduced to the percentage shown ceilings or maximum amounts are reached at Com­ in Annex A. munity level ;

Whereas such method of administration calls for 5 . Any amendment to Annex B, in particular by the very close and particularly rapid cooperation between addition of new countries enjoying tariff preferences, Member States and the Commission, which must, may entail a corresponding adjustment to the Com­ in particular, be able to observe the extent to which munity ceilings and the maximum amounts referred charges are made against the ceilings and maximum to in paragraphs 3 and 4. amounts and inform Member States thereof ; whereas such cooperation should be particularly close in view of the need for the Commission to be able to Article 2 take appropriate measures to reintroduce Common Customs Tariff duties either generally or individually, 1 . As soOn as the ceilings calculated in accordance when any of the ceilings or maximum amounts is with the provisions of Article 1 (3), which are laid reached ; down for Community imports of products originating in all of the countries referred to in Article 1 (2), are Whereas, since the ceilings concerned are valid until 30 September 1973 , the system established could be reached at Community level, the levying of Common amended to take into account the accession of new Customs Tariff duties on imports of the products in Member States : question from all the countries concerned may at any time be reintroduced until the end of the period HAS ADOPTED THIS REGULATION : referred to in Article 1 ( 1 ).

2. As soon as the maximum amounts calculated Article 1 in accordance with the provisions of Article 1 (4), which are laid down for Community imports of 1 . From 1 January to 30 September 1973 , the Com­ mon Customs Tariff duties on the products listed in products originating in each of the countries referred to in Article 1 (2), are reached for any one of these Annex A shall be totally suspended , subject to the countries at Community level, the levying of the provisions of Article 2 and Article 4 (2) of this Common Customs Tariff duties on imports of the Regulation. products in question from the country concerned may at any time be reintroduced until the end of the O OJ No L 148 , 28.6.1968 , p . 1 . period referred to in Article 1 (1 ).

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Article 3 2. The Commission shall reintroduce the levying of Common Customs Tariff duties in respect of all 1 . Imports of the products in question shall be the countries referred to in Article 1 (2) or in respect actually charged against the Community ceilings of any one of them by means of a Regulation in the and maximum amounts as and when the products conditions laid down in Article 2 ( 1 ) and (2). are presented for customs clearance under cover of declarations that they have been entered into con­ Article 5 sumption, and provided that they are accompanied by' a certificate of origin pursuant to the rules laid down in Article 1 (2\ Member States shall inform the Commission at regular intervals of imports of the products in question 2. An item of gocds may be charged against a actually charged against the Community ceilings and ceiling or maximum amount only if the certificate maximum amounts laid down in Article 1 (3) and (4). of origin referred to in paragraph 1 is submitted be­ fore the date on which the levying of duties is re­ introduced . Article 6 3 . The extent to which the ceilings and maximum amounts have been actually used up shall be recorded The above provisions may be amended to take account at Community level on the basis of the imports of the situation resulting from the accession of new charged in the condi :ions laid down in paragraphs 1 Member States . and 2 .

Article 4 Article 7 1 . The Commission , in close cooperation with the Member States , shall take all necessary measures to This Regulation shall enter into force on 1 January ensure that the above provisions are applied. 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 originating in developing countries to which the Generalized Tariff Preferences for certain textile products will apply

CHAPTER 54

54.05 Woven fabrics of flax or of ramie

CHAPTER 55

55.05 Cotton yarn , not put up for retail sale : A. Multiple or cabled , finished , in balls or on cards , reels, tubes or similar supports, of a weight (including support) not exceeding 900 g

B. Other : I. Measuring, per simple yarn , 120 000 m or more per kg

55.06 Cotton yarn , put up for retail sale

55.07 Cotton gauze

55.08 Terry towelling and similar terry fabrics , of cotton

55.09 Other woven fabrics of cotton : A. Containing 85 % or more by weight of cotton : ex I. Of a width of less than 85 cm : — other than raw cotton ( x) B. Other

CHAPTER 58

58.04 Woven pile fabrics and chenille fabrics ( other than terry towelling or similar terry fabrics of cotton falling within ' heading No 55.08 and fabrics falling within heading No 58.05 )

58.10 Embroidery, in the piece, in strips or in motifs : B. Other

CHAPTER 60

60.01 Knitted or crocheted fabric, not elastic nor rubberized : B. Of man-made fibres C. Of other textile materials

ex 60.02 Gloves , mittens and mitts , knitted or crocheted , not elastic nor rubberized

60.04 Undergarments, knitted or crocheted, not elastic nor rubberized : A. Of cotton ( 1 )

(l) For products falling within this subheading the maximum Community amount referred to in Article 1 (4) of this Regulation is reduced to 30% .

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60.05 Outer garments and other articles , knitted or crocheted , not elastic nor rubberized : A. Outer garments and clothing accessories II . Other B. Other

60.06 Knitted or crocheted fabric and articles thereof, elastic or rubberized (including elastic knee-caps and elastic stockings ) A. Fabric

CHAPTER 61

60.01 Men's and boys' outer garments

61.02 Women 's, girls' and infants' outer garments

61.03 Men 's and boys ' undergarments, including collars , shirt fronts and cuffs

61.04 Women's , girls' and infants' undergarments

61.05 Handkerchiefs

CHAPTER 62

62.01 Travelling rugs and blankets : A. Electrically heated B. Other : I. Of cotton II . Of other textile materials

62.03 Sacks and bags, of a kind used for the packing of goods : B. Of other textile materials : I. Used : ex b) Other : — of cotton ex II . Other : — of cotton ( 1)

62.04 Tarpaulins , sails , awnings , sunblinds , tents and camping goods

J1) For products falling within this subheading the maximum Community amount referred to in Article 1 (4) of this Regulation is reduced to 30 %.

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ANNEX B

List of developing countries benefiting under the Generalized Tariff Preferences for certain textile products

Afghanistan Argentina Bangladesh Colombia Egypt, Arab Republic of El Salvador India Jamaica Korea , Republic of (South Korea) Mexico Pakistan Thailand