31973R2171

13 . 8 . 73 Official Journal of the European Communities No L 224/ 11

REGULATION (EEC) No 2171 /73 OF THE COUNCIL

of 8 August 1973

opening, allocating and providing for the administration of a Community tariff quota for certain textile products originating in Yugoslavia

THE COUNCIL OF THE EUROPEAN COMMUNITIES, wholly or in part at a later date ; whereas this possibility may be adopted inter alia with a view to remedying any unfavourable situations which Having regard to the Treaty establishing the European Economic Community; might arise in the associated countries following the implementation of the generalized preference scheme ;

Having regard to the proposal from the Commission ;

Whereas, for the various categories of textile Whereas within the framework of UNCTAD the products in question, Council Regulation (EEC) No European Economic Community offered to grant 2763 /72 (2) of 19 December 1972 opening, allocating tariff preferences on finished and semi-finished and providing for the administration of Community products originating in developing countries ; whereas tariff quotas for certain textile products originating the preferential treatment proposed in that offer in developing countries and Council Regulation (EEC) covers, generally speaking, all finished and semi­ No 2764/72 (3 ) of 19 December 1972 establishing finished products falling within Chapters 25 to 99 preferential tariffs in respect of certain textile of the Brussels Nomenclature and originating in products originating in developing countries put into developing countries ; effect for the Member States of the Community as originally constituted the abovementioned offer for Whereas, however, in respect of cotton textile the first nine months of 1973 in favour of those products covered by the Long-term Agreement on developing countries satisfying the conditions International Trade in Cotton Textiles (*), the offer outlined above and listed in Annex B to those made by the Community lays down that the Regulations ; whereas having regard to the preferences, in the form of duty-free ceilings, will abovementioned extension of the Long-term be granted to the countries benefiting from Agreement, Regulations similar to those referred to generalized preferences which are signatories to the above shall cover the last three months of 1973 ; Long-term Agreement or possibly to those countries whereas Yugoslavia for its part has recently entered benefiting from generalized preferences which into commitments similar to those made under the undertake in respect of the Community commitments Long-term Agreement ; whereas Yugoslavia should, similar to those existing under that Agreement and therefore, also be granted the benefit of tariff for its duration, which has been extended until preferences for the textile products in question and 31 December 1973 ; whereas, having particular regard also for the whole of the year 1973 ; whereas, in to the relation which Article 6 of the Long-term order not to affect the advantages which the present Agreement establishes between cotton products and beneficiaries enjoy for the like products, separate substitute products, it appears justified in these ceilings at zero duty should be opened exclusively circumstances and by virtue of the fact that a total for products originating in Yugoslavia ; whereas each suspension of customs duties is involved to include of these ceilings should under normal conditions be in the same scheme as that described above those equal to the maximum amount fixed by Regulations substitute textile products given in the conditional (EEC ) No 2763/72 and (EEC ) No 2764/72 for list of partial and limited reductions of customs corresponding products, with a lower limit of- 10 °/o duties deposited with GATT by the Community and an upper limit of 100% of the quantities of during the last series of tariff negotiations ; the types of products in question exported from Yugoslavia to the Community in 1968 ; "Whereas the offer made by the Community includes a clause stipulating that the Community drew up the offer on the assumption that all the main Whereas the Community should, therefore, for the industrialized countries which are members of the period to 31 December 1973, open Community OECD would participate in granting preferences duty-free tariff quotas in respect of the products and would make similar efforts in this direction ; listed in the Annex to this Regulation up to the whereas, moreover, it is evident from the conclusions amounts specified in metric tons for each of them ; worked out in UNCTAD that this offer, while being whereas the benefit of these tariff quotas should of a temporary nature, does not constitute a binding commitment and, in particular, may be withdrawn

(2) OJ No L 296, 30. 12 . 1972, p . 63 . OJ No L 225, 12. 10. 1970, p. 29. (3) OJ No L 296, 30. 12 . 1972, p . 69 .

No L 224/ 12 Official Journal of the European Communities 13 . 8 . 73

apply only to products originating in Yugoslavia, Whereas, since the tariff quotas in question are valid and the concept of origin of the goods should be until 31 December 1973 , the system established could determined in accordance with the procedure laid be amended under the Protocol No 23 to the Act down in Article 14 of Council Regulation (EEC) annexed to the Treaty (2) on the Accession of new No 802/68 of 27 June 1968 on the common definition Member States to the European Economic Community of the concept of the origin of goods (*); and the European Atomic Energy Community;

Whereas a scheme of allocation of Community HAS ADOPTED THIS REGULATION : tariff quotas among the Member States of the Community as originally constituted would appear to conform to the Community character of those quotas ; whereas the application of the generally Article 1 accepted principles in respect of the allocation of the Community tariff quotas which have been opened 1 . Until 31 December 1973 , the Common until now entails, under these circumstances and in Customs Tariff duties on the products listed in the view of the variety of the products concerned, Annex to this Regulation shall be totally suspended calculations which are all the more problematic in for Community tariff quotas up to the volume in that the statistical data required sometimes prove metric tons indicated in column 3 of that Annex in to be incomplete or not sufficiently accurate or respect of each of those products. representative ; whereas the time required for these calculations cannot be reconciled with the continuity 2. The tariff quotas referred to shall be granted necessary for the application of the tariff preferences only to products originating in Yugoslavia. For the concerned ; whereas, under these conditions, it would purposes of this Regulation the origin of the goods be advisable still at this stage to adopt a fixed scale shall be determined in accordance with the procedure for allocating the Community tariff quotas concerned laid down in Article 14 of Regulation (EEC) No among the Member States ; whereas, using on the 802/68 . basis of general economic criteria, ie external trade, the gross national product and population, the percentages for the initial shares of the Member Article 2 States in the quota amounts are as follows for the quota year under consideration : The Community tariff quotas referred to in Article 1 ( 1 ) shall be allocated among the Member States Germany 37-5 °/o in quota shares equal to the amounts indicated in column 4 of the Annex in respect of each type of Benelux 15-1 <Vo product.

France 27-1 <Vo

Italy 20-3 °/o Article 3

1 . The Member States shall ensure free access to Whereas, since the quotas involved are relatively small the quota share which has been allocated to them it appears possible, without affecting the Community for importers of the products concerned who are nature of the tariff quotas under consideration, to established on their territory. provide at this stage for a utilization scheme based on a single allocation among the Member States ; 2. The extent to which the quota shares of whereas such allocation could be made according to Member States have been actually used up shall the percentages set out in the table above; be recorded on the basis of imports of the products which have been presented for customs clearance under cover of declarations that they have been Whereas since the Kingdom of Belgium, the Kingdom entered into consumption, and which are of the Netherlands and the Grand-Duchy of accompanied by a certificate of origin in accordance Luxembourg are united in and represented by with the rules referred to in Article 1 (2). the Benelux Economic Union for the allocation of the tariff quotas concerned, any measure concerning 3 . An item of goods may qualify for a tariff quota the administration of the quota shares allocated if the certificate of origin referred to in paragraph 2 to that Economic Union may be carried out by one is submitted before the date on which the levying of its Members ; of duties is reintroduced .

H OJ No L 148, 28 . 6. 1968, p. 1 . (2 ) OJ No L 73, Special Edition, 27. 3 . 1972, p . 178 .

13 . 8 . 73 Official Journal of the European Communities No L 224/ 13

Article4¶

Member States shall inform the Commission at The foregoing provisions may be amended under regular intervals of imports actually charged against Protocol No 23 to the Act annexed to the Treaty their quota shares. of Accession .

Article5¶

Member States and the Commission shall cooperate This Regulation shall enter into force on the third closely to see that the preceding provisions are day following its publication in the Official Journal observed. of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 8 August 1973 .

For the Council

The President

I. NØRGAARD

No L 224/ 14 Official Journal of the European Communities 13 . 8 . 73

ANNEX

List of products originating in Yugoslavia covered by Community duty-free tariff quotas as part of the generalized tariff preferences

Volume of quota CCT shares allocated Description Quota volume Item No heading No to Member States (in metric tons) (in metric tons) 1 2 3 4

1 55.05 Cotton yarn , not put up for retail sale :

B. Other :

II . Other :

Measuring, per single, yarn, per kilo :

— 14 000 m or less 55 Germany: 20-62 Benelux : 8-31 France : 14-91 Italy : 11-16

2 — more than 14 000 m but not 855 Germany : 320-62 more than 40 000 m Benelux : 129-11 France : 231-71 Italy : 173-56

3 — more than 40 000 m but not 295 Germany : 110-63 more than 80 000 m Benelux : 44-55 France : 79-94 Italy : 59-88

4 — more than 80 000 m but not 43 Germany : 16-13 more than 120 000 m Benelux : 6-49 France : 11-65 Italy : 8-73

5 55.09 Other woven fabrics of cotton :

A. Containing 85 % or more by weight of cotton :

I. of a width of less than 85 cm

— unbleached 24 Germany : 9-00 Benelux : 3-63 France : 6-50 Italy : 4-87

6 — other 76 Germany : 28-50 Benelux : 11-48 France : 20-59 Italy : 15-43

7 II . Other :

— unbleached, of a width :

— of 85 cm or more but not 765 Germany : 286-87 more than 115 cm Benelux : 115-52 France : 207-32 Italy: 155-29

13 . 8 . 73 Official Journal of the European Communities No L 224/ 15

Volume of quota CCT Quota volume shares allocated Item No Description to Member States heading No ( in metric tons) (in metric tons) 1 2 3 4

8 — more than 115 cm but not 465 Germany : 174-37 more than 165 cm Benelux : 70-22 France : 126-02 Italy : 94-39

9 — more than 165 cm 151 Germany : 56-63 Benelux : 22-80 France : 40-92 Italy : 30-65

10 Other : — printed 53 Germany : 19-88 Benelux : 8-00 France : 14-36 Italy : 10-76

11 — other 53 Germany : 19-88 Benelux : 8-00 France : 14-36 Italy : 10-76

12 56.05 Yarn of man-made fibres (discontinuous or waste) not put up for retail sale

B. Of regenerated textile fibres 72 Germany : 27-00 Benelux : 10-87 France : 19-51 Italy : 14-62

13 56.07 Woven fabrics of man-made fibres (discontinuous or waste):

B. Of regenerated textile fibres :

— printed 100 Germany : 37-50 Benelux : 15-10 France : 27-10 Italy : 20-30

14 — other 100 Germany : 37-50 Benelux : 15-10 France : 27-10 Italy : 20-30

15 ex 60.03 Stockings, under stockings, socks, ankle­ sock, sockettes and the like, knitted or crocheted, not elastic or rubberized :

— of cotton 17 Germany : 6-37 Benelux : 2-57 France : 4-61 Italy : 3-45

No L 224/ 16 Official Journal of the European Communities 13 . 8 . 73

Volume of quota CCT shares allocated Description Quota volume Item No heading No (in metric tons) to Member States (in metric tons) 1 2 3 4

16 60.04 Undergarments, knitted or crocheted, not elastic or rubberized :

A. Of cotton 72 Germany : 27-00 Benelux : 10-87 France : 19-51 Italy : 14-62

17 61.01 Men's and boys' outer garments :

— other than of cotton fabric 191 Germany : 71-63 Benelux : 28-84 France : 51-76 Italy : 38-77

18 62.02 Bed linen, table linen, toilet linen and kitchen linen ; curtains and other fur­ nishing articles :

— of cotton fabric 31 Germany : 11-63 Benelux : 4-68 France : 8-40 Italy : 6-29

19 — other 4 Germany : 1-50 Benelux : 0-61 France : 1-08 Italy : 0-81