31972R2766

84 Official Journal of the European Communities

No L 296/82 Official Journal of the European Communities 30 . 12 . 72

REGULATION (EEC ) No 2766/72 OF THE COUNCIL of 19 December 1972

establishing preferential tariffs in respect of certain textile products and footwear originating in developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas the offer made by the Community includes a clause stipulating that the Community jdrew up the Having regard to the Treaty establishing the European offer on the assumption that all the main industrialized Economic Community ; countries which are members of the OECD would participate in granting preferences and would make similar efforts in this direction ; whereas , moreover , Having regard to the proposal from the Commission ; it is evident from the conclusions worked out in UNCTAD that this offer, while being of a temporary Whereas , within the context of UNCTAD , the nature, does not constitute a binding commitment European Economic Community offered to grant and , in particular, may be withdrawn wholly or in tariff preferences on finished and semi-finished part at a later date ; whereas this possibility may be products coming from developing countries ; whereas adopted inter alia with a view to remedying any the preferential treatment proposed in that offer covers , generally speaking , all finished and semi­ unfavourable situations which might arise in the associated countries following the implementation of finished industrial products covered by Chapters 25 to 99 of the Brussels Nomenclature which originate the generalized preference scheme ; in developing countries ; whereas the preference consists in the granting of exemption from customs Whereas tariff preferences have been applied as from duties ; whereas preferential imports are effected up the second half of 1971 under the conditions set out to the level of ceilings calculated by value in respect above and whereas these preferences should continue of each product on the basis of factors which are to be applied , throughout 1973 ; whereas, with regard uniform for all the products ; whereas, in order that to the terms of the offer concerned , the abovementioned the preferences granted to the most competitive additional sum of 5 % may refer to 1970 ; developing country or countries should be restricted and that a substantial quota share should be reserved for the least competitive, preferential imports from Whereas it is expedient, therefore, in respect of the any one developing country in respect of a given products referred to in Annex A which originate in product should not, as a general rule, exceed 50% the countries listed in Annex B, that the Community of the ceiling fixed for that product ; should allow, for each category of these products and throughout 1973 , duty-free -imports within the Whereas, in the offer made by the Community, the limits of the Community ceilings calculated in the annual ceilings should ordinarily be calculated on the manner set out above ; whereas the benefit of such basis of the total value for 1968 of c.i.f. imports from tariff exemption should be reserved for products the countries benefiting from this scheme, excluding originating in the countries under consideration, the those already enjoying various preferential tariff concept of 'originating products' being determined in arrangements granted by the Community, increased accordance with the procedure laid down in Article 14 by 5% of the value of c.i.f. imports from the other of Council Regulation (EEC) No 802/68 (a) of 27 June countries and from the countries already enjoying 1968 on the common definition of the concept of the such arrangements ; whereas such , further amount origin of goods ; whereas charges against each of is variable and is calculated each year on the basis these ceilings must, as a general rule, come within of the latest figures available, provided that this a maximum Community amount of 50% in respect entails no reduction in the ceiling ; whereas , however, of the products originating in any of the abovemen­ in view of the special nature of the trade in textile tioned countries ; products falling under Chapters 50 to 63 of the Common Customs Tariff which are referred to in this Regulation, it is expedient to calculate the ceilings concerned in terms of metric tons ; (x) OJ No L 148 , 28.6.1968 , p . 1 .

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Whereas , under these circumstances , these objectives the products concerned to the Community from the may be reached by applying a method of administration countries listed in Annex B , excluding those already based on the charging, at Community level, against enjoying various preferential tariff arrangements gran­ the abovementioned ceilings and maximum amounts, ted by the Community, and 5% of the tonnage of of imports of the products concerned as and when imports in 1970 from other countries and from these products are presented for customs clearance countries already enjoying such arrangements . under cover of declarations that they have been made available for consumption and accompanied by a 4. Subject to the provisions of Article 2 and Article certificate of origin ; whereas this method of adminis­ 4 (2), within' each ceiling thus calculated , charges of tration must make provision for the reintroduction products originating in any one of the countries listed of Common Customs Tariff duties as soon as the in Annex B should not exceed a Community maximum said ceilings or maximum amounts are reached at amount equivalent to 50% of this ceiling. Community level ; 5 . Any amendment to Annex B in particular by the Whereas such method of administration calls for addition of new countries enjoying tariff preferences very close and particularly rapid cooperation between may entail a corresponding adjustment to the Com­ Member States and the Commission , which must, munity ceilings and the maximum amounts referred in particular , be able to observe the extent to which to in paragraphs 3 and 4. charges are made against the ceilings and maximum amounts and inform Member States thereof ; whereas Article 2 such cooperation should be particularly close in view of the need for the Commission to be able to take appropriate measures to reintroduce Common Cus­ 1 . As soon as the ceilings calculated in accordance toms Tariff duties either generally or individually, with the provisions of Article 1 (3 ), which are laid when any of the ceilings of maximum amounts is down for Community imports of products originating reached ; in all of the countries referred to in Article 1 (2), are reached at Community level, the levying of Common Whereas , since the ceilings concerned are valid Customs Tariff duties on imports of the products until 31 December 1973 , the system established could in question from all the countries concerned may be amended to take into account the accession of be reintroduced until the end of the period referred new Member States ; to in Article 1 ( 1).

2 . As soon as the maximum amounts calculated in HAS ADOPTED THIS REGULATION : accordance with the provisions of Article 1 (4), which Article 1 are laid down for Community imports of products originating in each of the countries referred to in Article 1 (2), are reached for any one of these countries 1 . From 1 January tc 31 December 1973 , the Com­ at Community level, the levying of the Common mon Customs Tariff cuties on the products listed in Customs Tariff duties on imports of the products in Annex A shall be totally suspended, subject to the question from the country concerned may at any provisions of Article 2 and Article 4 (2) of this time be reintroduced until the end of the period Regulation . referred to in Article 1 (1).

2. This suspension shall be enjoyed solely by products Article 3 originating in the countries listed in Annex B. However imports already enjoying exemption from customs duties under other preferential tariff arrangements 1 . Imports of the products in question shall be granted by the Community shall not be charged actually charged against the Community ceilings and against the ceilings specified in paragraph 3 . For the maximum amounts as and when the products are purposes of the application of this Regulation , the presented for customs clearance under cover of concept of originating products shall be determined declarations that they have been entered into con­ in accordance with the procedure laid down in Article sumption, and, except for the textile products of 14 of Regulation (EEC) No 802 /68 . Chapters 50 to 63 referred to in Annex A, on the basis of the customs value of these products, and 3 . Subject to the provisions of Article 2 and Article provided that they are accompanied by a certificate 4 (2) this suspension 5 hall be granted , in respect of of origin pursuant to the rules laid down in Article each category of products , within a Community 1(2). ceiling which shr.ll be equal to the amount obtained by adding together in metric tons in respect of textile 2 . An item of goods may be charged against a ceiling products of Chapters 50 to 63 , listed in Annex A, or maximum amount only if the certificate of origin and in units of account in respect of Articles of referred to in paragraph 1 is submitted before the Chapter 64 listed in that Annex, imports in 1968 of date on which the . levying of duties is reintroduced

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3 . The extent to which the ceilings and maximum Article 5 amounts have been actually used up shall be recorded at Community level on the basis of the imports Member States shall inform the Commission at charged in the conditions laid down in paragraphs 1 regular intervals of imports of the products in and 2 . question actually charged against the Community ceilings and maximum amounts laid down in Article 1 (3 ) and (4). Article 4

Article 6 1 . The Commission, in close cooperation with the Member States , shall take all necessary measures to The above provisions may be amended to take ac­ ensure that the above provisions are applied . count of the situation resulting from the accession of new Member States . 2. The Commission shall reintroduce the levying of Common Customs Tariff duties in respect of all Article 7 the countries referred to in Article 1 (2) or in respect of any one of them by means of a Regulation in the This Regulation shall enter into force on 1 January conditions laid down in Article 2 ( 1 ) and (2). 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

Official Journal of the European Communities 87

ANNEX A

List of products originating in developing countries to which the Generalized Tariff Preferences for certain textile products and footwear will apply

CHAPTER 50

5C.04 Silk yarn , other than yarn of noil or other waste silk , not put up for retail sale

5C.05 Yarn spun from silk waste other than noil , not put up for retail sale

5C.06 Yarn spun from noil silk, not put up for retail sale

50.07" Silk yarn and yarn spun from noil or other waste silk , put up for retail sale

5C.PS Silk-worm gut ; imitation catgut of silk

5G.09 Woven fabrics of silk or of waste silk other than noil

5C.10 Woven fabrics of noil silk

CHAPTER 51

51.02 Monofil , strip (artifical straw and the like) and imitation catgut, of man-made fibre materials

5J.03 Yarn of man-made fibres (continuous), put up for retail sale

CHAPTER 52 iMETALLIZED TEXTILES

CHAPTER 53

53.06 Yarn of carded sheep 's or lambs' wool (woollen yarn), not put up for retail sale

53.07 Yarn of combed sheep's or lambs' wool (worsted yarn), not put up for retail sale

53.08 Yarn of fine animal hair (carded or combed), not put up for retail sale

53.09 Yarn of horsehair or of other coarse animal hair, not put up for retail sale

53.10 Yarn of sheep 's or lambs' wool, of horsehair or of other animal hair (fine or coarse) put up for retail sale

53.11 Woven fabrics of sheep 's or lambs ' wool or of fine animal hair

53.12 Woven fabrics of coarse animal hair other than horsehair

53.13 Woven fabrics of horsehair

CHAPTER 54

54.03 Flax or ramie yarn , not put up foi retail sale

54.04 Flax or ramie yarn , put up for retail sale

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CHAPTER 56

56.04 Man-made fibres (discontinuous or waste), carded, combed or otherwise pre­ pared for spinning

56.06 Yarn of man-made fibres (discontinuous or waste), put up for retail sale

CHAPTER 57

57.05 Yarn of true hemp

57.07 Yarn of other vegetable textile fibres :

B. Other

57.08 Paper yarn

57.09 Woven fabrics of true hemp

ex 57.11 Woven fabrics of other vegetable textile fibres

57.12 Woven fabrics of paper yarn

CHAPTER 58

58.01 Carpets, carpeting and rugs, knotted (made up or not) B. Of silk, of waste silk other than noil , of synthetic textile fibres , of yarn falling within heading No 52.01 or of metal threads ex C. Of other textile materials

58.02 Other carpets , carpeting, rugs , mats and matting, and ' Kelem', ' Schumacks ' and 'Keramanic' rugs and the like (made up or not) :

ex A. Carpets , carpeting, rugs , mats and matting B. ' Kelem', ' Schumacks' and ' Keramanic' rugs and the like

58.03 Tapestries , hand-made, of the type Gobelins, Flanders , Aubusson, Beauvais and the like, and needleworked tapestries (for example , petit point and cross stitch) made in panels and the like by hand

58.05 Narrow woven fabrics , and narrow fabrics (holduc) consisting of warp without weft assembled by means of an adhesive, other than goods falling within heading No 58.06

58.06 Woven labels , badges and the like, not embroidered , in the piece, in strips or cut to shape or size

58.07 Chenille yarn (including flock chenille yarn), gimped yarn (other than metallized yarn of heading No 52.01 and gimped horsehair yarn) ; braids and ornamental trimmings in the piece ; tassels , pompons and the like

58.08 Tulle and other net fabrics ( but not including woven, knitted or crocheted fabrics) plain

58.09 Tulle and other net fabrics (but not including woven, knitted or crocheted fabrics), figured ; hand or mechanically made lace , in the piece, in strips or in motifs

Official Journal of the European Communities 89

CHAPTER 59

59.01 Wadding and articles of wadding ; textile flock and dust and mill neps : A. Wadding and articles of wadding

B. Flock and dust and mill neps : I. Of man-made fibres

59.02 Felt and articles of felt, whether or not impregnated or coated

59.03 Bonded fibre fabrics, similar bonded yarn fabrics , and articles of such fabrics, whether or not impregnated or coated

59.05 Nets and netting made of twine , cordage or rope, and made up fishing nets of yarn, twine, cordage or rope

59.06 Other articles made from yarn , twine, cordage, rope or cables, other than textile fabrics and articles made from such fabrics

59.0 / Textile fabrics coated with gum or amylaceous substances , of a kind used for the outer covers of books and the like, tracing cloth ; prepared painting canvas ; buckram and similar fabrics for hat foundations and similar uses

59.08 Textile fabrics impregnated , coated , covered or laminated with preparations of cellulose derivatives or of other artificial plastic materials

59.09 Textile fabrics coated or impregnated with oil or preparations with a basis of drying oil

59.10 Linoleum and materials prepared on a textile base in a similar manner to lino­ leum, whether or not cut to shape or of a kind used as floor coverings ; floor coverings consisting of a coating applied on a textile base, cut to shape or not

59.11 Rubberized textile fabrics , other than rubberized knitted or crocheted goods

59.12 Textile fabrics otherwise impregnated or coated ; painted canvas being theatrical scenery, studio back-cloths or the like

59.13 Elastic fabrics and trimmings (other than knitted or crocheted goods) consisting of textile materials combined with rubber threads

59.24 Wicks, of woven , plaited or knitted textile materials , for lamps , stoves , lighters, candles and the like ; tubular knitted gas-mantle fabric and incandescent gas mantles

j9.1d Textile hosepiping and similar tubing, with or without lining, armour or access­ ories of other materials

59.16 Transmission, conveyor or elevator belts or belting, of textile material , whether or not strengthened with metal or other material

ex 59.17 Textile fabrics and textile articles, of a kind commonly used in machinery or plant

CHAPTER 60

60.01 Knitted or crocheted fabrics , not elastic nor rubberized : A. Of wool or of fine animal hair

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ex 60.02 Gloves , mittens and mitts , knitted or crocheted , nor elastic nor rubberized

60.05 Outer garments and other articles , knitted or crocheted , not elastic nor rubber­ ized :

A. Outer garments and clothing accessories :

I. Jerseys and pullovers , containing at least 50% by weight of wool and weighing 600 g or more per article

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

CHAPTER 61

ex 61.04 Women's , girls' and infants ' undergarments

61.06 Shawls, scarves , mufflers , mantillas , veils and the like

61.07 Ties , bow ties and cravats

61.08 Collars , tuckers , fallals , bodice-fronts , jabots , cuffs, flounces , yokes and similar accessories and trimmings for women's and girls ' garments

61.09 Corsets , corset-belts , suspender-belts , brassieres , braces , suspenders , garters and the like (including such articles of knitted or crocheted fabric), whether or not elastic

61.10 Gloves, mittens , mitts , stockings , socks and sockettes , not being knitted or crocheted goods

61.11 Made up accessories for articles of apparel (for example , dress shields , shoulder and other pads , belts , muffs , sleeve protectors , pockets)

CHAPTER 62

62.01 Travelling rugs and blankets :

A. Electrically heated

B. Other 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 a) of flax or of sisal ex b) Other

ex 62.05 Other made up textile articles (including dress patterns)

CHAPTER 63

ex 63.01 Clothing, clothing accessories, travelling rugs and blankets , household linen and furnishing articles (other than articles falling within heading No 58.01 , 58.02 or 58.03), of textile materials, footwear and headgear of any material, showing signs of appreciable wear and imported in bulk or in bales , sacks or similar bulk packings

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CHAPTER 64

64.03 Footwear with outer soles of wood or cork

64.04 Footwear with outer soles of other materials

64.05 Parts of footwear (including uppers , in-soles and screw-on heels) of any material except metal

64.06 Gaiters , spats , leggings , puttees, cricket pads , shin-guards and similar articles , and parts thereof

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ANNEX B

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

INDEPENDENT COUNTRIES

Afghanistan Honduras Qatar Algeria i ndia 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 , Peop le's Republic of Malagasy Republic Trinidad and Tobago Costa Rica Malawi Tunisia Cuba Malaysia Uganda Cyprus Maldive Islands Union of Arab Emirates : Dahomey Mali 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 Ethiopia Nepal Fujairah Fiji Nicaragua Upper Volta Gabon Niger Uruguay Gambia Nigeria , Federal Republic of Venezuela Ghana Pakistan Western Samoa Guatemala Panama Yemen Guinea , Republic of Paraguay Yugoslavia Guyana Peru Zaire, Democratic Repub Haiti Philippines Zambia