31973R2628

29 . 9 . 73 Official Journal of the European Communities No L 272/ 1

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 2628/73 OF THE COUNCIL

of 26 September 1973

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

THE COUNCIL OF THE EUROPEAN regarding International Trade in Cotton Textiles, the COMMUNITIES, offer made by the Community lays down that the preferences, in the form of duty-free ceilings ordinarily calculated according to the formula set out Having regard to the Treaty establishing the in the preceding recital, will be granted to countries European Economic Community ; enjoying generalized preferences which are signatories to the Long-term Arrangement or possibly to those Having regard to the proposal from the Commission ; countries which undertake vis-a-vis the Community commitments similar to those existing under that Arrangement and for the duration of the said Whereas, within the context of UNCTAD, the Arrangement; whereas it is apparent that only European Economic Community offered to grant imports from these countries are to form the basis tariff preferences of finished and semi-finished for calculating the abovementioned ceilings ; whereas, products coming from developing countries ; whereas with particular regard to the relation which Article the preferential treatment proposed in that offer 6 of the said Long-term Arrangement establishes covers, generally speaking, all finished and semi­ between cotton products and substitute products, it finished industrial products by Chapter 25 to 99 of appears justified in these circumstances and by virtue the Brussels Nomenclature originating in developing of the fact that a total suspension of customs duties countries ; whereas the preference consists in the is involved to include in the same scheme as that granting of exemption from customs duties ; whereas described above those substitute textile products preferential imports ire effected up to the level of given in the conditional list of partial and limited ceilings calculated by value in respect of each product reductions of customs duties deposited with GATT on the basis of factors which are uniform for all the by the Community during the last series of tariff products ; whereas in order that the preferences negotiations ; whereas, moreover, in view of the granted to the most competitive developing country special nature which trade in the products concerned or countries should be restricted and that a may have, it appears expedient wherever this is substantial quota share should be reserved for the justified by the particular sensitivity of the product least competitive, preferential imports from any one to determine in terms of tonnages the ceilings for developing country in respect of a given product the preferential imports of such product, taking due should not, as a general rule, exceed 50% of the account of deliveries carried out during 1968 by the ceiling fixed for that product ; benefiting countries alone; whereas, moreover, particularly in view of the high level of deliveries of Whereas, in the offer made by the Community, the the textiles in question to the Community by the annual ceilings should ordinarily be calculated on third countries concerned, it appears appropriate, the basis of the total value for 1968 of cif imports except in particular instances, to restrict preferential from the countries benefiting from this scheme, imports from any single benefiting country to 30°/o excluding those already enjoying various preferential of the ceiling laid down for each category of textile tariff arrangements granted by the Community, products concerned; increased by 5 °/o of the value of cif imports from the other countries and from the countries already enjoying such arrangements ; Whereas the offer made by the Community includes a clause stipulating that the Community drew up Whereas, however, in respect of cotton textile the offer on the assumption that all the main products covered by the Long-term Arrangement industrialized countries which are members of the

No L 272 /2 Official Journal of the European Communities' 29 . 9 . 73

OECD would participate in granting preferences and above, the Community nature of the quotas can be would make similar efforts in this direction ; respected by allocating the Community tariff quota whereas, moreover, it is evident from the conclusions among Member States ; whereas, moreover, to this worked out in UNCTAD that this offer, while being end and in the context of the utilization system, the of a temporary nature, does not constitute a binding actual charges against the quotas may relate only commitment and, in particular, may be withdrawn to products which are presented for customs wholly or in part at a later date ; whereas this clearance under cover of declarations that they have possibility may be adopted inter alia with a view to been entered into consumption and which are remedying any unfavourable situations which might accompanied by a certificate of origin ; arise in the associated countries following the implementation of the generalized preference scheme ; Whereas the application of the generally accepted principles in respect of the allocation of the Whereas tariff preferences have been applied as from Community tariff quotas which have been opened the second half of 1971 under the conditions set out until now entails, under these circumstances and in above; whereas application of the said preferences view of the variety of the products concerned and in has been confined, in respect of the cotton textiles view of the specification of the benefiting countries, and substitute textiles concerned above, to the first calculations which are all the more problematic in nine months of 1973 by Council Regulation (EEC) that the statistical data required sometimes prove to No 2763 /72 (*) of 19 December 1972 opening, be incomplete or not sufficiently accurate or allocating and providing for the administration of representative ; whereas the time required for these Community tariff quotas for certain textile products ' calculations cannot be reconciled with the continuity originating in developing countries, the Long-term necessary for the application of the tariff preferences Arrangement regarding International Trade in Cotton concerned; whereas, under these conditions, it would Textiles being due to expire on 30 September 1973 ; be advisable still at this stage to adopt a fixed scale whereas the said Arrangement has been prorogued for allocating the Community tariff quotas concerned until the end of 1973 ; and whereas these circum­ among the Member States ; whereas, using as a stances betoken renewed application of the said basis general economic criteria relating to external preferences, pro rata temporis, for the last quarter trade, the gross national product and population, the of 1973 ; percentages for the initial shares of the Member States in the quota amounts are as follows for the Whereas it is expedient, therefore, in respect of the quota year under consideration : products referred to in Annex A which originate in the countries listed in Annex B, that the Community Germany 37-5 ®/o should open for the last quarter of 1973 , duty-free Community tariff quotas within the limits of the Benelux 15-1 Vo amounts, in metric tons given in respect of each of these products ; France 27-1 %

Whereas charges against each of these tariff quotas Italy 20-3 °/o must, in respect of the products originating in any of the abovementioned countries, come within a specified percentage of the amount of the quota ; Whereas, without affecting the Community nature whereas the benefit of such tariff quotas should be of the tariff quotas under consideration, it appears reserved for products originating in the countries ppssible to provide at this stage for a utilization under consideration, the concept of 'originating scheme based on a single allocation among the products' being determined in accordance with the Member States ; whereas, moreover, the allocation procedure laid down in Article 14 of Council set out by this Regulation in no way prejudices the Regulation (EEC) No 802/68 (2) of 27 June 1968 possibility of adopting, following a limited on the common definition of the concept of the experimental period, the general method of allocation origin of goods ; of Community tariff quotas comprising the setting up of a reserve share; whereas at the present Whereas it is necessary to ensure equal and juncture it appears feasible that such allocation continuous access for all Community importers to could be made according to the percentages set out the abovementioned quotas and the uninterrupted in the table above ; application of the rate laid down for those quotas to all imports of the products concerned into all Member States until those quotas are used up ; Whereas the percentages for the shares of the whereas, having regard to the principles defined Member States in the Community tariff quotas, in view of the duration and amounts thereof, does not appear in this instance to compromise the equal (^ OJ No L 296, 30. 12 . 1972, p . 63 . access for Community importers to Community (2) OJ No L 148, 28 . 6. 1968 , p . 1 . tariff quotas;

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Whereas since the Kingdom of Belgium, the Kingdom for each Member State, the amounts corresponding of the Netherlands and the Grand-Duchy of to the quantities given in column 5 of Annex A in Luxembourg are united in and represented by the respect of each category of products. Benelux Economic Union for the allocation of the tariff quotas concerned, any measure concerning the administration of the quota shares allocated to that Article 3 Economic Union may be carried out by one of its Members;

1 . The Member States shall ensure free access to Whereas, since the tariff quotas concerned are valid the quota shares which have been allocated to them for until 31 December 1973 , the system established could importers of the products concerned who are be amended under the provisions of Protocol No established on their territory. 23 annexed to the Act joined to the Treaty of Accession (1 ), 2. The extent to which the quota shares of Member States have been actually used up shall be recorded on the basis of imports of the products in question which have been presented for customs HAS ADOPTED THIS REGULATION : clearance under cover of declarations that they have been entered into consumption, and which are Article 1 accompanied by a certificate of origin in accordance with the rules referred to in Article 1 (2 ). 1 . From 1 October to 31 December 1973, the Common Customs Tariff duties on the products 3 . An item of goods may qualify for a tariff quota listed in Annex A shall be completely suspended if the certificate of origin referred to in paragraph 2 within the framework of Community tariff quotas is submitted before the date on which the levying of of volumes which shall be expressed in metric tons duties is reintroduced. and which shall be indicated in respect of each product in column 3 of such Annex.

2. These tariff quotas shall be enjoyed solely by Article 4 products originating in the countries listed in Annex B. However, those imports which already enjoy The Commission shall take all necessary measures exemption from customs duties under other to ensure that the maximum amount referred to in preferential tariff arrangements granted by the Article 1 (3 ) is observed. When the charges, at Community may not be charged against these tariff Community level, of products originating in each of quotas. For the purposes of the application of this the countries listed in Annex B, against any one of Regulation, the concept of originating products shall the Community tariff quotas reach the maximum be determined in accordance with the procedure amount laid down in column 4 of Annex A, the laid down in Article 14 of Regulation (EEC) Commission shall immediately notify the Member No 802/ 68 . States of the date on which, as a result of this factor, the normal tariff is to be reintroduced in 3 . The amount to be charged in respect of each respect of the country in question. This notification country referred to in paragraph 2 against each of shall be published in the Official Journal of the the tariff quota amounts mentioned above shall European Communities. be limited to the maximum amount given as a percentage and in metric tons in column 4 of Annex A in respect of each category of products.

Article 5 4. Any amendment to Annex B, in particular by the addition of new countries enjoying tariff preferences, may entail a corresponding adjustment Member States shall . inform the Commission at to the volumes of the quotas and to the maximum regular intervals of imports of the products in amounts appearing in columns 3 and 4 of Annex A. question actually charged against their quota shares.

Article 2 Article 6 The Community tariff quotas referred to in Article 1 shall be allocated in quota shares which shall be, Member States and the Commission shall cooperate closely to see that the provisions of the above Articles are observed. (x ) OJ Special Edition, 27. 3 . 1972, p. 178 .

No L 272 /4 Official Journal of the European Communities 29 . 9 . 73

Article7¶

The above provisions may be amended under the provisions of Protocol No 23 annexed to the Act This Regulation shall enter into force on 1 October joined to the Treaty of Accession. 1973 .

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

Done at Brussels, 26 September 1973 .

For the Council

The President

I. N0RGAARD

29 . 9 . 73 Official Journal of the European Communities No L 272 /5

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 Order CCT amount Share of quota amounts (4) heading Description allocated to Member States No (in metric No (in metric tons) tons) in metric in %> tons (1) (2) (3 ) (5)

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

B. Other

II. Not specified : Single, measuring per kg : — 14 000 m or less 189 . 30 57 Germany : 70-87 Benelux : 28-54 France : 51-22 Italy : 38-37

2 — more than 14 000 m and 712 30 214 Germany : 267-00 up to 40 000 m Benelux : 107-51 France : 192-95 Italy : 144-54

3 — more than 40 000 m and up 245 30 73 Germany : 91-88 to 80 000 m Benelux : 36-99 France : 66-39 Italy : 49-74

4 — More than 80 000 m and 35 30 10 Germany : 13-12 up to 120 000 m Benelux : 5-28 France : 9-49 Italy : 7-11

5 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 — Unbleached 127 30 38 Germany : 47-62 Benelux : 19-18 France : 34-42 Italy : 25-78

6 II. Other

— Unbleached, of a width of : — 85 cm to 115 cm 637 30 191 Germany : 238-87 Benelux : 96-19 France : 172-63 Italy : 129-31

7 — More than 115 cm 387 30 116 Germany : 145-12 and up to 165 cm Benelux : 58-44 France : 104-88 Italy : 78-56

8 — More than 165 cm 125 30 37 Germany : 46-87 Benelux : 18-88 France : 33-87 Italy : 25-38

9 — Not specified 52 30 16 Germany : 19-50 Benelux : 7-85 France : 14-09 Italy : 10-56

No L 272/ 6 29 . 9 . 73 Official Journal of the European Communities

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

10 56.05 Yarn of man-made fibres (discontinuous or waste), not put u{ for retail sale :

B. Of regenerated textile fibres 60 30 18 22-50 Germany : Benelux : 9-06 France : 16-26 Italy : 12-18

11 56.07 Woven fabrics of man-made fibres ( discontinuous or waste):

B. Of regenerated textile fibres 60 30 18 22-50 Germany : Benelux : 9-06 France : 16-26 Italy : 12-18

12 ex 60.03 Stockings, under stockings, socks, ankle-socks, sockettes and the like, knitted or crocheted, not elastic noi rubberized :

— Of cotton 27 30 8 Germany : 10-12 Benelux : 4-08 France : 7-32 Italy : 5-48

13 62.02 Bed linen, table-linen, toilet linen and kitchen linen ; curtain and other fur­ nishing articles :

— In woven fabrics of cotton 35 30 10 Germany : 13-13 Benelux : 5-28 France : 9-48 Italy : 7-11

14 — Other 14 30 4 Germany : 5-25 Benelux : 2-12 France : 3-79 Italy : 2-84

29 . 9 . 73 Official Journal of the European Communities No L 272 /7

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 Philippines Thailand