31973R3503

28 . 12 . 73 Official Journal of the European Communities No L 358/69

REGULATION (EEC) No 3503/73 OF THE COUNCIL of 18 December 1973

opening preferential tariffs for certain textile products originating in developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES , ries to the long-term arrangement or possibly to those countries which undertake vis-a-vis the Community commitments similar to those existing under that Having regard to the Treaty establishing the Euro­ arrangement and for the duration of the said arran­ pean Economic Community; gement; whereas the arrangement expired on 30 Sep­ tember 1973 and was extended to 31 December 1973 ; Having regard to the proposal from the Commission ; whereas, it may, however, be anticipated that, on a transitional basis, the countries concerned thereby will adopt measures with equivalent aims, at least Having regard to the Opinion of the European Par­ for 1974; whereas it is apparent that only imports liament; from these countries are to form the basis for cal­ culating the abovementioned ceilings ; whereas, with particular regard to the link which Article 6 of the Whereas, within the context of UNCTAD, the Euro­ said long-term arrangement establishes between pean Ecomomic Community offered to grant tariff cotton products and substitute products, it appears preferences on finished and semi-finished products justified in these circumstances and by virtue of the coming from developing countries ; whereas the pre­ fact that a total suspension of customs duties is in­ ferential treatment proposed in that offer covers, volved to include in the same scheme as that described generally speaking, all- finished and semi-finished in­ above those substitute textile products given in the dustrial products covered by Chapters 25 to 99 of conditional list of partial and limited reductions of the Brussels Nomenclature which originate in devel­ customs duties deposited with GATT by the Commu­ oping countries ; whereas the preference consists in nity during the last series of tariff negotiations ; the granting of exemption from customs duties ; whereas, moreover, in view of the special nature whereas preferential imports are effected up to the which trade in the products concerned may have, it level of ceilings calculated by value in respect of each appears expedient to calculate in terms of tonnages product on the basis of factors which are uniform the ceilings for preferential imports of such products ; for all the products ; whereas, in order that the pref­ erences granted to the most competitive developing country or countries should be restricted and that a substantial share should be reserved for the least Whereas the offer made by the Community includes competitive, preferential imports from any one devel­ a clause stating that the Community drew up the oping country in respect of a given product should offer on the assumption that all the main industrial­ ized countries which are members of the OECD not, as a general rule, exceed 50% of the ceiling fixed for that product; would participate in granting preferences and would make similar efforts in this direction ; whereas, more­ over, it is evident from the conclusions worked out Whereas, in the offer made by the Community, the in UNCTAD that this offer, while being, of a tem­ annual ceilings should normally be calculated on the porary nature, does not constitute a binding commit­ basis of the total value for 1968 of cif imports from ment and, in particular, may be withdrawn wholly the countries benefiting from this scheme, excluding or in part at a later date; whereas this possibility those already enjoying various preferential tariff may be adopted inter alia with a view to remedying arrangements granted by the Community (basic any unfavourable situations which might arise in the amount) plus 5% of the value of cif imports from associated countries following the implementation the other countries and from countries already of the generalized preference scheme; enjoying such arrangements (additional amount);

Whereas, however, in respect of cotton textile pro­ Whereas, moreover, the Conference of Heads of ducts covered by the long-term arrangement regar­ State or of Government of the Member States and ding international trade in cotton textiles, the offer the States acceding to the European Communities made by the Community lays down that the pref­ held in Paris from 19 to 21 October 1972 invi­ erence, in the form of duty-free ceilings ordinarily ted the Community institutions and Member States calculated according to the formula set out in the progressively to adopt an overall policy of develop­ preceding recital, will be granted to the countries ment cooperation on a world wide scale comprising enjoying generalized preferences which are signato­ in particular the improvement of generalized pref­

No L 358/70 Official Journal of the European Communities 28 . 12 . 73

erences with the aim of achieving a steady increase Whereas such method of administration calls for in imports of manufactures from the developing very close and particularly rapid cooperation be­ countries ; tween Member States and the Commission, which must, in particular, be able to observe the extent to which charges are made against the ceilings and Whereas tariff preferences have been applied from maximum amounts and inform Member States the second half of 1971 under the conditions set thereof; whereas such cooperation should be particu­ out above and whereas these preferences should con­ larly close in view of the need for the Commission tinue to be applied throughout 1974; to be able to taken appropriate measures to re­ introduce customs duties, either generally or indi­ vidually, when any of the ceilings or maximum Whereas, in accordance with Protocol No 22 to the amounts are reached, Act of Accession (1), the generalized tariff preference scheme will be applicable in the new Member States from 1 January 1974;

Whereas, in respect of textile products, the complexity of the measures to be implemented, combined with HAS ADOPTED THIS REGULATION : the abovementioned aim of improving the generalized preferences, can be overcome normally only by means of a flat-rate increase of some 50% in the Article 1 ceilings fixed for 1973 , the calculations for the addi­ tional amount of the ceilings having already been made on the basis of 1970 figures ; 1 . From 1 January to 31 December 1974 the Com­ mon Customs Tariff duties and the tariff duties of Whereas, in respect of the products listed in Annex A the new Member States on the products listed in originating in the countries listed in Annex B, the Annex A shall, subject to Article 2 and Article 4 (2) Community should therefore allow, for each category be totally suspended. of these products during 1974, duty-free imports within the limits of the Community ceilings calcula­ Ireland is authorized to apply customs duties equal ted in the manner set out above ; whereas the benefit to the duties it applies in respect of the same products of such tariff exemption should be reserved for pro­ vis-a-vis Member States other than the United ducts originating in the countries under consideration, Kingdom. the concept of 'originating products' being deter­ mined in accordance with the procedure laid down in Article 14 of Council Regulation (EEC) No 802/ 68 (2) of 27 June 1968 on the common definition of 2. This suspension shall be enjoyed solely by pro­ the concept of the origin of goods ; whereas charges ducts originating in the countries listed in Annex B. against each of these ceilings must, as a general rule, However, those imports which already enjoy exemp­ come within a maximum Community amount of tion from customs duties under other preferential 50% in respect of the products originating in any tariff arrangements granted by the Community shall of the abovementioned countries ; not be charged against the ceilings specified in para­ graph 3 . For the purposes of this Regulation, the concept of originating products shall be determined in Whereas, under these circumstances, these objectives accordance with the procedure laid down in Article may be reached by applying a method of adminis­ 14 of Regulation ( EEC ) No 802/68 . tration based on the charging, at Community level, against the abovementioned ceilings and maximum amounts, of imports of the products concerned as and when these products are presented for customs 3 . Subject to the provisions of Article 2 and Article clearance under cover of declarations that they have 4 (2 ) this suspension shall be granted, in respect of been entered for home use and accompanied by a each category of products, within a Community ceil­ certificate of origin ; whereas this method of adminis­ ing which shall be equal to 150% of the amount tration must make provision ,for the reintroduction obtained by adding together imports in 1968, expres­ of customs duties as soon as the said ceilings or sed in metric tons , of the products concerned from maximum amounts are reached at Community level ; the countries listed in Annex B, excluding those al­ ready enjoying various preferential tariff arrange­ ments granted by the Community, and 5% of the tonnage of imports in 1970 from other countries (x) OJ No L 73 , 27. 3 . 1972 , p. 14. and from countries already enjoying such arrange­ ( 2) OJ No L 148 , 28 . 6. 1968 , p. 1 . ments .

28 . 12 . 73 Official Journal of the European Communities No L 358 /71

4. Subject to the provisions of Article 2 and Article for home use, and provided that they are accom­ 4 (2), within each ceiling thus calculated, charges of panied by a certificate of origin pursuant to the rules products originating in any one of the countries listed referred to in Article 1 (2). in Annex B should not exceed a Community maxi­ mum amount equivalent to 50% of this ceiling with 2. Goods may be charged against a ceiling or maxi­ the exception of certain products for which the maxi­ mum amount only if the certificate of origin referred mum amount shall be reduced to the percentage to above is presented before the date on which the shown in Annex A. levying of duties is reintroduced.

5 . Any amendment to Annex B, in particular by the 3 . The extent to which the ceilings and maximum addition of new countries enjoying tariff preferences, amounts have been actually filled shall be determined may entail a corresponding adjustment to the Com­ at Community level on the basis of the imports munity ceilings and the maximum amounts referred charged in accordance with paragraphs 1 and 2. to in paragraphs 3 and 4.

Article2¶

1 . As soon as the ceilings calculated in accordance with the provisions of Article 1 (3 ), which are laid 1 . The Commission, in close cooperation with the down for Community imports of products orig­ Member States, shall take all necessary measures to inating in all of the countries referred to in Article ensure that the above provisions are applied. 1 (2) are reached at Community level, the levying of customs duties on imports of the products in 2. The Commission shall reintroduce the levying of question from all the countries concerned may at customs duties in respect of all the countries referred any time be reintroduced until the end of the period to in Article 1 (2) or. in respect of any one of them referred to in the first subparagraph of Article 1 ( 1 ). by means of a Regulation in the conditions laid down in Article 2 ( 1 ) and (2). 2. As soon as the maximum amounts calculated in accordance with the provisions of Article 1 (4) which are laid down for Community imports of products Article 5 originating in each of the countries referred to in Article 1 (2 ) are reached for any one of these coun­ tries at Community level, the levying of the customs Member States shall inform the Commission at re­ duties on imports of the products in question from gular intervals of imports of the products in question the country concerned may at any time be reintro­ actually charged against the Community ceilings and duced until the end of the period referred to in the maximum amounts laid down in Article 1 (3 ) and (4). first subparagraph of Article 1 ( 1 ).

Article3¶

1 . Imports of the products in question shall be actually charged against the Community ceilings and This Regulation shall enter into force on 1 maximum amounts as and when the goods are entered 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 /72 Official Journal of the European Communities 2.8 . 12 . 73

ANNEX A

List of products originating in developing countries to which the generalized tariff preferences for certain textile products will apply (a)

CCT Order heading Description No

CHAPTER 54

1 54.05 Woven fabrics of flax or of ramie

CHAPTER 55

2 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 3 B. Other : I. Measuring, per single yarn , 120 000 m or more per kg

4 55.06 Cotton yarn, put up for retail sale

5 55.07 Cotton gauze

6 55.08 Terry towelling and similar terry fabrics , of cotton

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 : 7 — Other than raw cotton (x) 8 B. Other

CHAPTER 56

56.05 Yarn of man-made fibres ( discontinuous or waste), not put up for retail sale : 9 B. Of regenerated textile fibres

56.07 Woven fabrics of man-made fibres (discontinuous or waste) : 10 B. Of regenerated textile fibres

(a) Products qualifying, under the ordinary arrangements, for exemption or total temporary suspension of the Common Customs Tariff duty are only token entries as regards the Member States of the Community as originally constituted, whereas the exemption or suspension is directly and fully applicable by the new Member States under these arrange­ ments, except for Ireland, which is authorized to apply customs duties equal to the duties it applies in respect of the same products vis-il-vis Member States other than the United Kingdom. f1) For products falling within subheading No 55.09 A ex I (other than raw cotton), the maximum Community amount referred to in Article 1 (4) of this Regulation is reduced to 30% .

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

CCT Order No heading Description No

CHAPTER 58

11 58.04 Woven pile fabrics and chenille fabrics (other than terry towelling or similar terry fabrics of cotton falling within heading No 58.05 )

12 58.10 Embroidery , in the piece , in strips or in motifs

CHAPTER 60

60.01 Knitted or crocheted fabric, not elastic or rubberized : 13 j B. Of man-made fibres [ C. Of other textile materials

14 ex 60.02 Gloves , mittens and mitts, knitted or crocheted , not elastic or rubber­ ized, of cotton i1)

60.04 Under garments, knitted or crocheted , not elastic or rubberized : 15 A. Of cotton (2)

60.05 Outer garments and other articles , knitted or crocheted , not elastic or rubberized : A. Outer garments and clothing accessories : 16 ex II. Other, of cotton (2) ex B. Other, of cotton (2)

60.06 Knitted or crocheted fabric and articles thereof, elastic or rubberized (including elastic knee-caps and elastic stockings) : 17 A. Fabric

CHAPTER 61

ex 61.03 Men's and boys' under garments , including collars , shirt fronts and cuffs : 18 — Of cotton fabric i1)

19 ex 61.04 Women's, girls' and infants' under garments , of cotton fabric

61.05 Handkerchiefs : 20 — Of cotton fabric 21 — Of fabrics other than cotton

(x) For products falling within heading Nos 60.02 (of cotton) and ex 61.03 (of cotton), the maximum Community amount referred to in Article 1 (4) of this Regulation is reduced to 30% . (a) For products falling within subheading Nos 60.04 A, 60.05 A ex II, 60.05 ex B (of cotton fabric), and 62.03 B I ex b) (of cotton fabric), the maximum Community amount referred to in Article 1 (4) of this Regulation is reduced to 30% ■

No L 358/74 Official Journal of the European Communities 28 . 12. 73

CCT Order No heading Description No

CHAPTER 62

62.01 Travelling rugs and blankets : B. Other : 22 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 : 23 — Of cotton i1) ex II . Other : — Of cotton

24 62.04 Tarpaulins , sails , awnings , sunblinds, tents and camping goods

(*) For products falling within subheading Nos 60.04 A, 60.05 A ex II, 60.05 ex B (of cotton fabric), and 62.03 B I ex b) (of cottton fabric), the maximum Community amount referred to in Article 1 (4) of this Regulation is reduced to 30% .

28 . 12. 73 Official Journal of the European Communities No L 358/75

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