31973R3502

No L 358/60 Official Journal of the European Communities 28 . 12 . 73

REGULATION (EEC) No 3502/73 OF THE COUNCIL

of 18 December 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 COMMUNITIES , calculated according to the formula set out in the preceding recital, will be granted to the countries enjoying generalized preferences which are sig­ natories to the long-term arrangement or possibly to Having regard to the Treaty establishing the Euro­ those countries which undertake vis-a-vis the Com­ pean Economic Community ; munity commitments similar to those existing under that arrangement and for the duration of the said arrangement; whereas the arrangement expired on Haivng regard to the proposal from the Commission ; 30 September 1973 and was extended to 31 Decem­ ber 1973 ; whereas it may, however, be anticipated that, on a transitional basis, the countries concerned Having regard to the Opinion of the European Par­ thereby will adopt measures with equivalent aims at liament ; least for 1974; whereas it is apparent that only im­ ports from these countries are to form the basis for Whereas, within the context of UNCTAD, the Euro­ calculating the abdvementioned ceilings ; whereas, pean Economic Community offered to grant tariff with particular regard to the link which Article 6 of preferences on finished and semi-finished products the said long-term arrangement establishes between coming from developing countries ; whereas the pre­ cotton products and substitute products, it appears ferential treatment proposed in that offer covers, justified in these circumstances and by virtue of the generally speaking, all finished and semi-finished fact that a total suspension of customs duties is in­ volved to include in the same scheme as that des­ industrial products covered by Chapters 25 to 99 of the Brussels Nomenclature which originate in develo­ cribed above those substitute textile products given in ping countries ; whereas the preference consists in the conditional list of partial and limited reductions the granting of exemption from customs duties ; of customs duties deposited with GATT by the Com­ whereas preferential imports are effected up to the munity during the last series of tariff negotiations ; level of ceilings calculated by value in respect of whereas, moreover, in view of the special nature each product on the basis of factors which are uni­ which trade in the products concerned may have, it form for all the products ; whereas, in order that the appears expedient, wherever this is justified by the preferences granted to the most competitive develo­ particular sensitivity of the product, to determine in ping country or countries should be restricted and terms of tonnages the ceilings for the preferential that a substantial share should be reserved for the imports of such products, taking due account of least competitive, preferential imports from any one deliveries effected during 1968 by the beneficiary developing country in respect of a given product countries alone ; whereas, moreover, particularly in should not, as a general rule, exceed 50% of the view of the high level of deliveries of the textiles in ceiling fixed for that product; question to the Community by the third countries concerned, it appears appropriate, except in parti­ cular instances, to restrict preferential imports from Whereas, in the offer made by the Community, the any single beneficiary country to 30% of the ceiling annual ceilings should normally be calculated on the laid down for each category of textile products con­ basis of total value for 1968 of cif imports from the cerned ; countries benefiting from this scheme, excluding those already enjoying various preferential tariff arrangements granted by the Community (basic Whereas the offer made by the Community includes amount) plus 5% of the value of cif imports from a clause stating that the Community drew up the the other countries and from the countries already offer on the assumption that all the main industrial­ enjoying such arrangements ( additional amount); ized countries which are members of the OECD would participate in granting preferences and would make Whereas, however, in respect of cotton textile pro­ similar efforts in this direction; whereas, moreover, ducts covered by the long-term arrangement regar­ it is evident from the conclusions worked out in ding international trade in cotton textiles, the offer UNCTAD that this offer, while being of a temporary made by the Community lays down that the prefer­ nature, does not constitute a binding commitment ences in the form of duty-free ceilings normally and, in particular, may be withdrawn wholly or in

28 . 12 . 73 Official Journal of the European Communities No L 358 /61

part at a later date ; whereas this possibility may be (EEC) No 802/68 (2) of 27 June 1968 on the common adopted inter alia with a view to remedying any un- { definition of the concept of the origin of goods ; favourable situations which might arise in the asso­ ciated countries following the implementation of the generalized preference scheme ; Whereas it is necessary to ensure equal and con­ tinuous access for all Community importers to the abovementioned quotas and the uninterrupted appli­ cation of the rate laid down for those quotas to all "Whereas, moreover, the Conference of Heads of imports of the products concerned into all Member State or of Government of the Member States and the States until those quotas are used up ; whereas, having States acceding to the European Communities held regard to the principles defined above, the Commu­ in Paris from 19 to 21 October 1972 invited the nity nature of the quotas can be respected by allo­ Community institutions and the Member States pro­ cating the Community tariff quota among Member gressively to adopt an overall policy of development States ; whereas, moreover, to this end and in the cooperation on a world-wide scale comprising in context of the utilization system, the actual charges particular the improvement of generalized preferences against the quotas may relate only to goods which with the aim of achieving a steady increase in imports are entered for home use and which are accompanied of manufactures from the developing countries ; by a certificate of origin ;

Whereas tariff preferences have been applied from Whereas the application of the generally accepted the second half of 1971 under the conditions set out principles in respect of the allocation of the Com­ above and whereas these preferences should continue munity tariff quotas which have been opened until now entails, under these circumstances and in view to be applied throughout 1974 ; of the variety of the products concerned and in view of the fact that the benefiting countries are specified, calculations which are all the more problematic in Whereas, in accordance with Protocol No 23 to the that the statistical data required sometimes prove to Act of Accession (x), the generalized tariff preferences be incomplete or not sufficiently accurate or repre­ scheme will be fully applicable in the new Member sentative ; whereas the time required for these cal­ States from 1 January 1974; culations cannot be reconciled with the continuity necessary for the application of the tariff preferences concerned ; whereas, under these conditions, it would Whereas in respect of textile products, the complexity be advisable still at this stage to adopt a fixed scale of the measures to be implemented, combined with for allocating the Community tariff quotas concerned the abovementioned aim of improving the general­ among the Member States ; whereas, using as a basis ized preferences, can be overcome only by means of general economic criteria relating to external trade, a flat-rate increase of some 50% in the ceilings fixed in textiles, the gross national product and popula­ for 1973 ; tion, the percentages for the initial shares of the Member States in the quota amounts are as follows for the quota amounts are as follows for the quota Whereas it is expedient, therefore, in respect of the year under consideration : products referred to in Annex A which originate in the countries listed in Annex B , that the Community Germany . 27% should open, for 1974, duty-free Community tariff Benelux 10% quotas within the limits of the amounts in metric tons given in respect of each of these products ; France 19%

Italy 14%

Whereas charges against each of these tariff quotas Denmark 7% must, in respect of the products originating in any Ireland 1 % of the abovementioned countries, come within a specified percentage of the amount of the quota ; United Kingdom 22% whereas the benefit of such tariff quotas should be reserved for products originating in the countries under consideration, the concept of 'originating pro­ Whereas , without affecting the Community nature ducts' being determined in accordance with the pro­ of the tariff quotas under consideration, it appears cedure laid down in Article 14 of Council Regulation possible to provide at this stage for a utilization

0) OJ No L 73 , 27. 3 . 1972 , p. 14. (2) OJ No L 148 , 28 . 6. 1968 , p. 1 .

No L 358 /62 Official Journal of the European Communities 28 . 12 . 73

scheme based on a single allocation among the Mem­ 3 . The amount to be charged in respect of each ber States ; whereas, moreover, the allocation set out country referred to in paragraph 2 against each of by this Regulation in no way prejudices the possibi­ the tariff quota amounts mentioned above shall be lity of adopting, following a limited experimental limited to the maximum amount given as a percen­ period, the general method of allocation of Com­ tage and in metric tons in column 4 of Annex munity quotas comprising the setting up of a reserve A against each category of products. share ; whereas at the present juncture it appears fea­ sible that such allocation could as a rule be made according to the percentages set out in the table 4. Any amen dement to Annex B, in particular by above; whereas, however, one of the new Member the addition of new countries enjoying tariff pre­ States, the Kingdom of Denmark, has for a number ferences, may entail a corresponding adjustment to of years been importing relatively large quantities of the volumes of the quotas and to the maximum certain cotton yarns and woven fabrics falling within amounts appearing in columns 3 and 4 of Annex A. heading Nos ex 55.05 and ex 55.09 of the Common Customs Tariff from a number of developing countries and has therefore ceased to produce the articles Article 2 in question; whereas this special situation should temporarily be taken into account and this Member 1 . The Community tariff quotas referred to in Ar­ State should be granted an increased share without re­ ticle 1 shall be allocated in shares which shall be, stricting the access thereto of countries benefiting for each Member State, the amounts corresponding from generalized preferences ; to quantities shown in column 5 of Annex A against each category of products.

Whereas since the Kingdom of Belgium, the King­ dom of the Netherlands and the Grand Duchy of 2. The shares allocated to Denmark for certain pro­ Luxembourg are united in and represented by the ducts falling within heading Nos ex 55.05 and ex Benelux Economic Union, all transactions concern­ 55.09 shall be increased by an amount determined ing the administration of the shares allocated to in a footnote to Annex A. the Benelux Economic Union may be carried out by any one of its Members, Article 1 ( 3 ) shall not apply to such an increase.

HAS ADOPTED THIS REGULATION : Article 3

Article 1 1 . The Member States shall ensure free access to the shares which have been allocated to them for importers of the said goods established in their 1 . From 1 January to 31 December 1974 the territory . Common Customs Tariff duties and the tariff duties of the new Member States on the products listed in Annex A shall be completely suspended within 2. The extent to which a Member State used up its share shall be determined on the basis of the the framework of Community tariff quotas of vol­ imports of the said goods which have been entered umes which shall be expressed in metric tons and which shall be indicated against each product in for home use, and which are accompanied by a cer­ column 3 of that Annex. tificate of origin in accordance with the rules referred to in Article 1 (2).

Ireland is authorized to apply customs duties equal to the duties it applied in respect of the same pro­ 3 . Goods shall qualify for a tariff quota only if ducts vis-a-vis Member States other than the United the certificate of origin referred to in paragraph 2 Kingdom . is submitted before the date on which the levying of duties is reintroduced .

2 . These tariff quotas shall be enjoyed solely by products originating in the countries listed in Annex Article 4 B. However, those imports which already enjoy exemption from customs duties under other prefer­ ential tariff arrangements granted by the Community The Commission shall take all necessary measures to ensure that the maximum amount referred to in may not be charged against these tariff quotas . For the purposes of this Regulation, the concept of ori­ Article 1 ( 3 ) is observed . When the charges, at Com­ ginating products shall be determined in accordance munity level, of products originating in each of the with the procedure laid down in Article 14 of Regu­ countries listed in Annex B , against any one of the lation ( EEC ) No 802/ 68 . Community tariff quotas reach the maximum amount

28 . 12 . 73 Official Journal of the European Communities No L 358/63

laid down in column 4 of Annex A, the Commission Article 6 shall immediately notify the Member States of the date on which, as a result of this factor, the normal tariff is to be reintroduced in respect of the country Member States and the Commission shall cooperate in question. This notification shall be published in closely to ensure that the above Articles are observed. the Official Journal of the European Communities.

Article5¶

Member States shall inform the Commission at regu­ lar intervals of imports of the products in question This Regulation shall enter into force on 1 actually charged against their share. January 1974.

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

Done at Brussels , 18 December 1973 .

For the Council

The President

J. CHRISTENSEN

No L 358/64 Official Journal of the European Communities 28 . 12 . 73

ANNEX A

List of products subject to zero-duty Community tariff quotas under the generalized tariff preferences granted to developing countries

Maximum amount CCT Quota per country amount in 4 Volume of shares allocated to Order heading Description metric Member States in metric tons No No tons metric % tons (1 ) (2) 3 (5 )

55.05 Cotton yarn, not put up for retail sale :

B. Other : II. Not specified : Single, measuring per kg : 1 — 14 000 m or less 1 132 30 340 Germany 305-64 Benelux 113-20 France 215-08 Italy 158-48 Denmark 79-24 Ireland 11-32 United Kingdom 249-04

2 More than 14 000 m and up to 40 000 m 4 274 30 1 282 Germany 1 153-98 Benelux 427-40 France 812-06 Italy 598-36 Denmark (*) 299-18 Ireland 42-74 United Kingdom 940-28

3 More than 14 000 m and up to 80 000 m 1 470 30 441 Germany 396-90 Benelux 147-00 France 279-30 Italy 205-80 Denmark (2) 102-90 Ireland 14-70 United Kingdom 323-40

4 More than 80 000 m and up to 120 000 m 210 30 63 Germany 56-70 Benelux 21-00 France 39-90 Italy 29-40 Denmark 14-70 Ireland 2-10 United Kingdom 46-20

(*) Pursuant to Article 2 (2), this share is increased by 1 100-82 metric tons. (2) Pursuant to Article 2 (2), this share is increased by 597-01 metric tons.

28 . 12. 73 Official Journal of the European Communities No L 358 65

Maximum amount OCT Quota per country amount in (4) Volume of shares allocated to Order heading Description metric Member States in metric tons No No tons metric % tons 1 2 3) <5

55.09 Other woven fabrics of cotton :

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

g ex I . Of a width of less than 85 cm :

5 — Unbleached 766 30 230 Germany 206-82 Benelux 76-60 France 145-54 Italy 107-24 Denmark 53-62 Ireland 7-66 United Kingdom 168-52

II . Other : — Unbleached, of a width of : 6 — 85 cm to 115 cm 3 826 30 1 148 1 033-02 Germany Benelux 382-60 France 726-94 Italy 535-64 Denmark 267-82 Ireland 38-26 United Kingdom 841-72

7 More than 115 cm and up to 165 cm 2 326 30 698 Germany 628-02 Benelux 232-60 France 441-94 Italy 325-64 Denmark (x) 162-82 Ireland 23-26 United Kingdom 511-72 8 More than 165 cm 750 30 225 Germany 202-50 Benelux 75-00 France 142-50 Italy 105Ό0 Denmark 52-50 Ireland 7-50 United Kingdom 165-00

9 — Not specified 316 30 95 85-32 Germany Benelux 31-60 France 60-04 Italy 44-24 Denmark (2) 22-12 Ireland 3-16 /United Kingdom 69-52

(*) Pursuant to Article 2 (2), this share is increased by 787*18 metric tons. (*) Pursuant to Article 2 (2), this share is increased by 1 177*88 metric tons.

No L 358/66 Official Journal of the European Communities 28 . 12 . 73

Maximum amount CCT Quota per country amount in (4) Volume of shares allocated to Order heading Description No No metric Member States in metric tons tons metric % tons 1 2) 3 5

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

10 — Of cotton 166 ' 30 50 Germany 44-82 Benelux 16-60 France 31-54 Italy 23-24 Denmark 11-62 Ireland 1-66 United Kingdom 36-52

61.01 Men's and boys' outer garments : 11 — In woven fabrics of cotton 200 30 60 Germany 54-00 Benelux 20-00 France 38-00 Italy 28-00 Denmark 14-00 Ireland 2-00 United Kingdom 44-00

12 Others 200 30 60 Germany 54-00 Benelux 20-00 France 38-00 Italy 28-00 Denmark 14-00 Ireland 2-00 United Kingdom 44-00

61.02 Women's , girls' and infants' outer gar­ ments : 13 — In woven fabrics of cotton 200 30 60 Germany 54-00 Benelux 20-00 France 38-00 Italy 28-00 Denmark 14-00 Ireland 2-00 United Kindom 44-00

14 — Others 200 30 60 Germany 54-00 Benelux 20-00 France 38-00 Italy 28-00 Denmark 14-00 Ireland 2-00 United Kingdom 44-00

61.03 Men's and boys' under garments , including collars , shirt fronts and cuffs : 15 — In woven fabrics other than cotton 200 30 60 Germany 54-00 Benelux 20-00 France 38-00 Italy 28-00 Denmark 14-00 Ireland 2-00 United Kingdom 44-00

28 . 12 . 73 Official Journal of the European Communities No L 358/67

Maximum amount CCT Quota per country amount in (4) Volume of shares allocated to Order heading Description No metric Member States in metric tons No tons % metric tons (D (2) (3 ) (5)

62.02 Bed linen, table linen, toilet linen and kitchen linen, curtains and other furnishing articles :

16 — In woven fabrics of cotton 166 30 50 Germany 44-82 Benelux 16-60 France 31-54 Italy · 23-24 Denmark 11-62 Ireland 1-66 United Kingdom 36-52

17 — Other 88 30 26 Germany 23-76 Benelux 8-80 France 16-72 Italy 12-32 Denmark 6-16 Ireland 0-88 United Kingdom 19-36

No L 358/68 Official Journal of the European Communities 28 . 12 . 73

ANNEX B

List of developing countries benefiting under generalized tariff preferences for certain textile products

Afghanistan

Argentina Bangladesh Colombia

Egypt, Arab Republic of El Salvador

India Indonesia

Jamaica

Korea (South) Malaysia

Mexico Pakistan Philippines

Thailand