31973R2629

No L 272 / 8 Official Journal of the European Communities 29 . 9 . 73

REGULATION (EEC) No 2629/73 OF THE COUNCIL of 26 September 1973 establishing preferential tariffs in respect of certain textile products originating in developing countries

THE COUNCIL OF THE EUROPEAN said Arrangement (which expires on 30 September COMMUNITIES, 1973 ); whereas it is apparent that only imports from these countries are to form the basis for calculating Having regard to the Treaty establishing the the abovementioned ceilings ; whereas, with particular European Economic Community ; regard to the relation which Article 6 of the said Long-term Arrangement establishes between cotton products and substitute products, it appears justified Having regard to the proposal from the Commission ; in these circumstances and by virtue of the fact that a total suspension of customs duties is involved Whereas, within the context of UNCTAD, the to include in the same scheme as that described European Economic Community offered to grant above those substitute textile products given in the tariff preferences on finished and semi-finished conditional list of partial and limited reductions of products coming from developing countries; whereas customs duties deposited with GATT by the the preferential treatment proposed in that offer Community during the last series of tariff covers, generally speaking, all finished and semi­ negotiations ; whereas, moreover, in view of the finished industrial products covered by Chapters special nature which trade in the products concerned 25 to 99 of the Brussels Nomenclature which may have, it appears expedient to calculate in terms originate in developing countries ; whereas the of tonnages the ceilings for preferential imports of preference consists in the granting of exemption from such products; customs duties; whereas preferential imports are effected up to the level of ceilings calculated by value in respect of each product on the basis of Whereas the offer made by the Community includes factors which are uniform for all the products ; a clause stipulating that the Community drew up whereas, in order that the preferences granted to the offer on the assumption that all the main industrialized countries which are members of the the most competitive developing country or countries should be restricted and that a substantial OECD would participate in granting preferences and would make similar efforts in this direction ; whereas, quota share should be reserved for the least moreover, it is evident from the conclusions worked competitive, preferential imports from any one developing country in respect of a given product out in UNCTAD that this offer, while being of a should not, as a general rule, exceed 50%) of the temporary nature, does not constitute a binding commitment and, in particular, may be withdrawn ceiling fixed for that product; wholly or in part at a later date ; whereas this possibility may be adopted inter alia with a view Whereas, in the offer made by the Community, the to remedying any unfavourable situations which annual ceilings should ordinarily be calculated on might arise in the associated countries following the the basis of the total value for 1968 of cif imports implementation of the generalized preference scheme ; from the countries benefiting from this scheme, excluding those already enjoying various preferential tariff arrangements granted by the Community, Whereas tariff preferences have been applied as from increased by 5 °/o of the value of cif imports from the second half of 1971 under the conditions set the other countries and from countries already out above, whereas application of the said enjoying such arrangements ; preferences has 'been confined, in respect of the cotton textiles and substitute textiles concerned Whereas, however, in respect of cotton textile above, to the first nine months of 1973 by Council products covered by the Long-term Arrangement Regulation (EEC) No 2764/72 (*) of 19 December 1972 regarding International Trade in Cotton Textiles, the establishing preferential tariffs in respect of certain offer made by the Community lays down that the textile products originating in developing countries, preferences, in the form of duty-free ceilings the Long-term Arrangement regarding International ordinarily calculated according to the formula set out Trade in Cotton Textiles being due to expire on in the preceding recital, will be granted to the 30 September 1973 ; whereas the said Agreement will countries enjoying generalized preferences which are be prorogued until the end of 1973 ; whereas these signatories to the Long-term Arrangement or possibly circumstances betoken renewed application of the to those countries which undertake vis-a-vis the Community commitments similar to those existing under that Arrangement and for the duration of the H OT No L 296, 30. 12. 1972, p. 69.

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

HAS ADOPTED THIS REGULATION : said preferences, pro rata temporis, for the last quarter of 1973 ; and whereas with regard to the terms of the offer concerned, the abovementioned Article 1 additional sum of 5 °/o may refer only to 1970;

Whereas it is expedient, therefore, in respect of the 1 . From 1 October to 31 December 1973 , the products referred to in Annex A which originate in Common Customs Tariff duties on the products the countries listed in Annex B, that the Community listed in Annex A shall be totally suspended, subject should allow, for each category of these products to the provisions of Article 2 and Article 4 (2) of and for the last quarter of 1973 , duty-free imports this Regulation. within the limits of the Community ceilings calculated in the manner set out above ; whereas the benefit of 2. This suspension shall be enjoyed solely by such tariff exemption should be reserved for products originating in the countries listed in Annex products originating in the countries under B. However, imports already enjoying exemption consideration, the concept of 'originating products' from customs duties under other preferential tariff being determined in accordance with the procedure arrangements shall not be charged against the ceilings laid down in Article 14 of Council Regulation (EEC) specified in paragraph 3 . For the purposes of the No 802/68 (*) of 27 June 1968 on the common application of this Regulation, the concept of definition of the concept of the origin of goods ; originating products shall be determined in accordance whereas charges against each of these ceilings must, with the procedure laid down in Article 14 of as a general rule, come within a maximum Regulation (EEC) No 802/68 . Community amount of 50 °/o in respect of the products originating in any of the abovementioned 3 . Subject to the provisions of Article 2 and Article countries ; 4 (2) this suspension shall be granted, in respect of each category of products, within a Community Whereas, under these circumstances, these objectives ceiling which shall be equal to a quarter of the may be reached by applying a method of amount obtained by adding together imports in 1968 , administration based on the charging, at Community expressed in metric tons, of the products concerned level, against the abovementioned ceilings and from the countries listed in Annex B, excluding maximum amounts, of imports of the products those already enjoying various preferential tariff concerned as and when these products are presented arrangements granted by the Community, and 5 °/o for customs clearance under cover of declarations of the tonnage of imports in 1970 from other that they have been entered into consumption and countries and from countries already enjoying such accompanied by a certificate of origin ; whereas this arrangements . method of administration must make provision for the reintroduction of Common Customs Tariff duties 4. Subject to the provisions of Article 2 and as soon as the said ceilings or maximum amounts Article 4 (2), within each ceiling thus calculated, are reached at Community level ; charges of products originating in any one of the countries listed in Annex B should not exceed a Whereas such method of administration calls for Community maximum amount equivalent to 50 %> very close and particularly rapid cooperation between of this ceiling with the exception of, certain products Member States and the Commission, which must, in for which the maximum amount shall be reduced particular, be able to observe the extent to which to the percentage shown in Annex A. charges are made against the ceilings and maximum amounts and inform Member States thereof ; 5 . Any amendment to Annex B, in particular whereas such cooperation should be particularly by the addition of new countries enjoying tariff close in view of the need for the Commission to be preferences, may entail a corresponding adjustment able to take appropriate measures to reintroduce to the Community ceilings and the maximum Common Customs Tariff duties either generally or amounts referred to in paragraphs 3 and 4. individually, when any of the ceilings or maximum amounts is reached;

Whereas, since the ceilings concerned are valid until 31 December 1973 the system established could be Article 2 amended under the provisions of Protocol No 23 annexed to the Act joined to the Treaty of 1 . As soon as the ceilings calculated in accordance Accession (2), with the provisions of Article 1 (3 ), which are laid down for Community imports of products originating in all of the countries referred to in Article 1 (2), are t1) OJ No L 148, 28. 6. 1968, p. 1 . reached at Community level, the levying of Common (2) OJ Special Edition, 27. 3 . 1972, p. 178. Customs Tariff duties on imports of the products in

No L 272 / 10 Official Journal of the European Communities 29 . 9 . 73

question from all the countries concerned may at Article 4 any time be reintroduced until the end of the period referred to in Article 1 ( 1 ). 1 . The Commission, in close cooperation with the Member States, shall take all necessary measures 2 . As soon as the maximum amounts calculated to ensure that the above provisions are applied. in accordance with the provisions of Article 1 (4), which are laid down for Community imports of 2. The Commission shall reintroduce the levying products originating in each of the countries referred of Common Customs Tariff duties in respect of all to in Article 1 (2), are reached for any one of these the countries referred to in Article 1 (2) or in respect countries at Community level, the levying of the of any one of them by means of a Regulation in Common Customs Tariff duties on imports of the the conditions laid down in Article 2 ( 1 ) and (2). products in question from the country concerned may at any time be reintroduced until the end of the period referred to in Article 1 ( 1 ). Article S

Article 3 Member States shall inform the Commission at 1 . Imports of the products in question shall be regular intervals of imports of the products in actually charged against the Community ceilings question actually charged against the Community and maximum amounts as and when the products are ceilings and maximum amounts laid down in Article presented for customs clearance under cover of 1 (3 ) and (4). declarations that they have been entered into consumption, and provided that they are accompanied by a certificate of origin pursuant to the rules laid Article 6 down in Article 1 (2).

2. An item of goods may be charged against a The above provisions may be amended under the ceiling or maximum amount only if the certificate provisions of Protocol No 23 annexed to the Act of origin referred to in paragraph 1 is submitted joined to the Treaty of Accession. before the date on which the levying of duties is reintroduced.

3 . The extent to which the ceilings and maximum Article 7 amounts have been actually used up shall be recorded at Community level on the basis of the imports charged in the conditions laid down in This Regulation shall enter into force on 1 October paragraphs 1 and 2. 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/ 11

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 °/o or more by weight of cotton : ex I. Of a width of less than 85 cm : — other than raw cotton (1) 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 i1)

f1) tor products falling within this subheading the maximum Community amount referred to in Article 1 (4) of this Regulation is reduced to 30 °/o .

No L 272/ 12 29 . 9 . 73 Official Journal of the European Communities

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

61.01 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

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

61.05 Handkerchiefs

CHAPTER 62

62.01 Travelling rugs and blankets : B. Other : I. Of cotton

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 (*)

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

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

29 . 9 . 73 Official Journal of the European Communities No L 272/ 13

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