31972R2765

Official Journal of the European Communities 77

30 . 12 . 72 Official Journal of the European Communities No L 296/75

REGULATION (EEC) No 2765/72 OF THE COUNCIL of 19 December 1972

opening, allocating and providing for the administration of Community tariff quotas for certain textile products and footwear originating ill developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES , out during 1968^by the benefiting countries alone ; whereas, moreover, particularly in view of the high Having regard to the treaty establishing the Euro­ level of- deliveries of the products in question to the pean Economic Community ; Community by the third countries concerned , it appears appropriate, except in particular instances , Having regard to the proposal from the Commission ; to restrict preferential imports from any single Whereas, within the context of UNCTAD , the benefiting country to 20 or 30% of the ceiling laid down for each category of products concerned ; European Economic Community offered to grant tariff preferences on finished and semi-finished Whereas the offer made by the Community includes products coming from developing countries ; whereas a clause stipulating that the Community drew up the preferential treatment proposed in that offer the offer on the assumption that all the main indus­ covers, generally speaking, all finished and semi­ trialized countries which are member of the OECD finished industrial products covered by Chapters 25 would participate in granting preferences and would to 99 of the Brussels Nomenclature which originate make similar efforts in this direction ; whereas , in developing countries ; whereas the preference moreover, it is evident from the conclusions worked consists in the granting of exemption from customs out in UNCTAD that this offer, while being of a duties ; whereas preferential imports are effected up temporary nature, does not constitute a binding to the level of ceilings calculated by value in respect commitment and, in particular, may be withdrawn of each product on the basis of factors which are wholly or in part at a later date ; whereas this possibility uniform for all the products ; whereas in order that may be adopted inter alia with a view to remedying the preferences granted to the most competitive any unfavourable situations which might arise in the developing country or countries should be restricted associated countries following the implementation and that a substantial quota share should be reserved of the generalized preference scheme ; for the least competitive, preferential imports from any one developing country in respect of a given Whereas tariff preferences have been applied as from product should not, as a general rule, exceed 50% the second half of 1971 under the conditions set out of the ceiling fixed for that product ; above and whereas these preferences should continue to be applied throughout 1973 ; whereas with regard Whereas , in the offer made by the Community, the to the terms of the offer concerned , the abovementioned annual ceilings should ordinarily be calculated on additional sum of 5% may refer to 1970 ; the basis of the total value for 1968 of c.i.f. imports from the countries benefiting from this scheme , Whereas it is expedient, therefore, in respect of the excluding those already enjoying various preferential products referred to in Annex A which originate in tariff arrangements granted by the Community, the countries listed in Annex B, that the Community increased by 5% of the value of c.i.f. imports from should open, for each category of these products the other countries ar.d from the countries already for 1973 , duty-free Community tariff quotas within enjoying such arrangements ; whereas such further the limits of the amounts in units of account or metric amount is variable and is calculated each year on tons given in respect of each of these products ; the basis of^the latest figures available, provided that Whereas charges against each of these tariff quotas this entails no reduction in the ceiling ; must, in respect of the products originating in any Whereas however in view of the special nature which of the abovementioned countries , come within a trade in the majority of textile products referred to specified percentage of the amount of the quota ; in this Regulation may have, it appears generally whereas the benefit of such tariff exemption should expedient wherever this is justified by the particular be reserved for products originating in the countries sensitivity of the product, to determine in terms of under consideration, the concept of 'originating tonnages the ceilings for the preferential imports of products' being determined in accordance with the such product, taking due account of deliveries carried procedure laid down in Article 14 of Council Regu­

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lation (EEC) No 802/68 (x) of 27 June 1968 on the of a reserve share ; whereas at the present juncture common definition of the concept of the origin of it appears feasible that such allocation could be goods ; made according to the percentages set out in the table above ;

Whereas it is necessary to ensure equal and continuous Whereas the percentage for the shares of the Member access for all Community importers to the above­ States in the Community tariff quotas, in view of the mentioned ^ quotas and the uninterrupted application duration and the amounts thereof, does not appear of the rate laid down for those quotas to all imports in this instance to compromise the equal access for of the products concerned into all Member States Community importers to Community tariff quotas ; until those quotas are used up ; whereas, having regard to the principles defined above, the Com­ Whereas since the Kingdom of Belgium, the Kingdom munity nature of the quotas can be respected by of the Netherlands and the Grand-Duchy of Luxem­ allocating the Community tariff quota among Member States ; whereas , moreover, to this end and in the bourg are united in and represented by the Benelux Economic Union for the allocation of the tariff context of the utilization system, the actual charges against the quotas may relate only to products which quotas concerned, any measure concerning the are presented for customs clearance under cover of administration of the quota shares allocated to that declarations that they have been made available Economic Union may be carried out . by one of its for consumption and which are accompanied by a Members ; certificate of origin ; Whereas, since the tariff quotas in question are valid until 31 December 1973 , the system thus established Whereas the application of the generally accepted could be amended to take into account the accession principles in respect of the allocation of the Community of new Member States ; tariff quotas which have been opened until now entails, under these circumstances and in view of the variety of the products concerned and in view of the specification of the benefiting countries, calculations HAS ADOPTED THIS REGULATION : which are all the more problematic in that the statistical data required sometimes prove to be incomplete or not sufficiently accurate or representative ; whereas Article 1 the time required for these calculations cannot be reconciled with the continuity necessary for the application of the tariff preferences concerned ; 1 . From 1 January to 31 December 1973 , the Com­ whereas, under these conditions, it would be advisable mon Customs Tariff duties on the products listed in still at this stage to adopt a fixed scale for allocating Annex A shall be completely suspended within the the Community tariff quotas concerned among the framework of Community tariff quotas of amounts Member States ; whereas, using as a basis general which shall be expressed in metric tons or units of economic criteria relating to external trade, the gross account and which shall be indicated in respect of national product and population, the percentages each product in column 3 of such Annex. for the initial shares of the Member States in the quota amounts are as follows for the quota year 2 . These tariff quotas shall be enjoyed solely by under consideration : products originating in the countries listed in Annex B. However, those imports which already enjoy Germany 37*5 % Benelux 15· 1 % exemption from customs duties under other prefer­ France 27T % ential tariff arrangements granted by the Community may not be charged against these tariff quotas. For Italy 20-3% the purposes of the application of this Regulation, the concept of originating products shall be determined Whereas, without affecting the Community nature of in accordance with the procedure laid down in the tariff quotas under consideration, it appears Article 14 of Regulation (EEC) No 802/68 . possible to provide at this stage for a utilization scheme based on a single allocation among the With regard to carpets, carpeting and rugs, mentioned Member States ; whereas, moreover, the allocation in Annex A and falling under heading 58.01 , the set out by this Regulation in no way prejudices the certificates of origin for these products shall state the possibility of adopting, following a limited experimen­ number of knots per metre of warp . tal period , the general method of allocation of Community tariff quotas comprising the setting up 3 . The amount " to be charged in respect of each country referred to in paragraph 2 against each of the tariff quota amounts mentioned above shall be p) OJ No L 148 , 28.6.1968 , p . 1 . limited to the maximum amount given as a percentage

79 Official Journal of the European Communities

and either in metric tons or in units of account in Article 4 column 4 of Annex A in respect of each category of The Commission shall take all necessary measures to products . ensure that the maximum amount referred to in Article 1 (3) is observed. When the charges, at Com­ 4. Any amendment to Annex B, in particular by the munity level, of products originating in each of the addition of new countries enjoying tariff preferences, countries listed in Annex B , against any one of the may entail a corresponding adjustment to the amounts Community tariff quotas reach the maximum amount of the quotas and to the maximum amounts appearing laid down in column 4 of Annex A, the Commission in columns 3 and 4 of Annex A. shall immediately notify the Member States of the date on which, as a result of this factor, the normal Article 2 tariff is to be reintroduced in respect of the country in question. This notification shall be published in The Community tariff quotas referred to in Article 1 the Official Journal of the European Communities. shall be allocated in cuota shares which shall be, for each Member State, the amounts corresponding to either the values or the quantities given in column Article 5 5 of Annex A -in respect of each category of products. The Member States shall inform the Commission at Article 3 regular intervals of imports of the products in question actually charged against their quota shares . 1 . The Member States, shall ensure free access to the quota shares which have been allocated to them for importers of the products concerned who are Article 6 established on their territory. The Member States and the Commission shall 2 . The extent to which the quota shares of Member cooperate closely to see that the provisions of the States have been actually used up shall be recorded above Articles are observed . on the basis of imports of the products in question which have been presented for customs clearance under cover of declarations that they have been Article 7 made available for consumption, where appropriate on the basis of the customs value of the products The above provisions may be amended to take concerned, and which are accompanied by a certificate account of the situation resulting from the accession of origin in accordance with the rules referred to in of new Member States. Article 1 (2).

3. An item of goods may qualify for a tariff quota Article S if the certificate of origin referred to in paragraph 2 is submitted before the date on which the levying of This Regulation shall enter into force on 1 January duties is reintroduced . 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

80 Official Journal of the European Communities

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) alJocated to Member States No No (in metric tons ) in metric (in metric tons) (a) in % tons (a) (D (2) (3 ) (a) (5)

1 51.01 Yarn of man-made fibres (continuous), 900 30 270 Germany : 337-50 not put up for retail sale : Benelux : 135-90 France : 243-90 Italy : 182-70 ex A. Single yarns of polytetrafluor­ ethylene

B. Yarn of regenerated textile fibres :

II . Other

2 51.04 Woven fabrics of man-made fibres 220 30 66 Germany : 82-50 (continuous), including woven fabrics of Benelux : 33-22 monofil or strip of heading No 51.01 or France : 59-62 51.02 Ita y : 44-66

3 56.01 Man-made fibres (discontinuous), not 4 700 70 1 410 Germany : 1 762-50 carded , combed or otherwise prepared Benelux 709-70 for spinning France : 1 2 / 3-70 Ita y : 954-10

4 56.02 Continuous filament tow for the manufac­ . 600 30 180 Germany : 225-00 ture, of man-made fibres (discontinuous) Bene ux : 90-60 France : 162-60 Ita y : 121-80

5 56.03 Waste (including yar waste and pulled 1 000 30 300 Germany : 375-00 or garnetted rags) of man-made fibres Benelux : 151-00 (continuous or discontinuous), not carded, France : 271-00 combed or otherwise prepared for spin­ Italy : 203-00 ning

6 56.05 Yarn of man-made fibres ( discontinuous 365 20 73 Germany : 136-88 or waste), not put up for retail sale : Benelux : 55-11 France : 98-91 Italy : 74-10 A. Of synthetic textile fibres

(a ) Except where otherwise indicated.

Official Journal of the European Communities 81

Maximum amount per Quota country CCT amount Share of quota amounts Order heading Description (4) allocated to Member States (in metric No No tons) (in metric tons) in metric (a) (a) in % tons (D (2) • (3 ) (a) (5 )

7 56.07 Woven fabrics of man-made fibres 340 30 102 Germany : 127-50 ( discont nuous or waste) : Benelux : 51-34 France : 92-14 Italy : . 69-02 A. Of synthetic textile fibres

S 58.01 Carpets , carpeting and rugs , knotted 1 800 20 360 Germany : 675-00 ( made up or not) : Benelux : 271-80 France : 487-80 A. Of wool or of fine animal hair : 365-40 Italy : — At least 350 rows of knots

9 — 350 to 500 rows of knots 1 400 30 420 Germany : 525-00 Benelux : 211-40 France : 379-40 Italy : 284-20

7 000 50 3 500 Germany : 2 625-00 10 — More than 500 rows of knots Benelux : 1 057-00 France : 1 897-00 Italy : 1 421-00

11 58.02 Other carpets , carpeting, rugs, mats and 655 30 196 Germany : 245-63 matting, and 'Kelem', ' Schumacks' and Benelux : 98-90 ' Karamanic' rugs and the like (made up France : 177-50 or not): Italy : 132-97

ex A. Carpets , carpeting, rugs , mats and matting

12 59.04 Twine , cordage, ropes and cables, plaited or not :

— Of hemp 1 600 30 480 Germany : 600 00 Benelux : 241-60 France : 433-60 Italy : 324-80 . 13 — Of sisal (agave sisalana) 400 30 120 Germany : 150-00 Benelux : 60-40 France : 108-40 Italy : 81-20

14 — Of synthetic textile fibres 385 30 116 Germany : 144-38 Benelux : 58-14 France : 104-33 Italy : 78-15

15 — Othe^, other than coconut fibres 300 30 90 Germany : 112-50 Benelux : 45-30 France : 81-30 Italy : 60-90

16 ex 60.03 Stockings, under stockings, socks, ankle­ 170 30 51 Germany : 63-75 socks, sockettes and the like, knitted or Benelux : 25-67 crocheted, not elastic nor rubberized : France : 46-07 — Other than of cotton Italy : 34-51

(a) Except where otherwise indicated .

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Maximum amount per Quota country CCT amount ' Share of quota amounts Order heading Description (4) allocated to Member States No (in metric No tons) (in metric tons) in metric (a) tons (a) in % (1 ) (2) (3 ) (a) (5)

17 60.04 Undergarments, knitted or crocheted , 1 100 20 220 Germany : 412-50 not elastic nor rubberized : Benelux : 166*10 France : 298-10 B. Of other textile materials Italy : 223-30

18 60.05 Outer garments and other articles, knitted 330 30 99 Germany : 123-75 or crocheted, not elastic nor rubberized : Benelux : 49-83 France : 89-43 Italy : 66-99 A. Outer garments and clothing access­ ories :

ex II . Other

ex B. Other

— in u.a. — 19 64.01 Footwear with outer soles and uppers of rubber or artificial plastic material :

— Mid-calf boots , knee boots , thigh boots and overshoes 1 205 000 30 361 500 Germany : 451 880 Benelux : 181 950 France : 326 560 Italy : 244 610

20 — Other 3 76 000 30 112 800 Germany : 141000 Benelux : 56 780 France : 101 900 Italy : 76 320

64.02 Footwear with outer soles of leather or — in u.a. — 21 composition leather ; footwear (other than footwear falling within heading No 64.01) with outer soles of rubber 5 170 000 20 1 034 000 Germany : 1 938 750 or artificial plastic material : Benelux : 780 670 France : 1 401 070 A. Footwear with uppers of leather Italy : 1 049 510

64.02 — in u.a. — 22 Footwear (etc. )

B. Other 3 651 000 20 730 200 Germany : 1 3 69 130 Benelux : 551 300 France : 989 420 Italy : 741 150

(a) Except where otherwise indicated .

Official Journal of the European Communities 83

ANNEX B

List of developing countries and territories benefiting under the Generalized Tariff Preferences

INDEPENDENT COUNTRIES

Afghanistan Honduras Qatar

Algeria India Rwanda

Argentina Indonesia Saudi Arabia

Bahrain Iran Senegal

Bangladesh Iraq Sierra Leone

Barbados Ivory Coast Singapore

Bhutan Jamaica Somalia Bolivia Jordan South Vietnam Botswana Kenya Southern Yemen Brazil Khmer Republic Sri Lanka Burma Korea , Republic of (South Korea ) Sudan Burundi Kuwait Swaziland Cameroun Laos Syria Central African Republic Lebanon Tanzania Chad Lesotho Thailand Chile Liberia Togo Colombia Libya Tonga Congo, People's Republic of Malagasy Republic Trinidad and Tobago Costa Rica Malawi Tunisia Cuba Malaysia Maldive Islands Uganda Cyprus Mali Union of Arab Emirates : Dahomey Abu Dhabi Dominican Republic Mauritania Dubai Ecuador Mauritius Ras al Khaimah Egypt, Arab Republic of Mexico Sharjah El Salvador Morocco Ajman Equatorial Guinea Nauru Umm al Qaiwain Fujairah Ethiopia Nepal Nicaragua Upper Volta Fiji Gabon Niger Uruguay

Venezuela Gambia Nigeria , Federal Republic of Pakistan Western Samoa Ghana Panama Yemen Guatemala Guinea , Republic of Paraguay Yugoslavia

Peru Zaire, Democratic Republic of Guyana Haiti Philippines Zambia