31973R3504

No L 358/76 Official Journal of the European Communities 28 . 12 . 73

REGULATION (EEC) No 3504/73 OF THE COUNCIL of 18 December 1973

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas, however, in view of the special nature which trade in the majority of textile products referred to in this Regulation may have, it appears gener­ ally expedient, wherever this is justified by the par­ ticular sensitivity of the products to determine in Having regard to the Treaty establishing the Euro­ terms of tonnages the ceilings for the preferential pean Economic Community; imports of such product, taking due account of deli­ veries effected by the beneficiary countries alone; whereas, moreover, particularly in view of the high Having regard to the proposal from the Commission ; level of deliveries of the products in question to the Community by the third countries concerned, it ap­ pears appropriate, except in particular instances, to Having regard to the Opinion of the European Par­ restrict preferential imports from any single benefi­ liament; ciary country to 20 or 30% of the ceiling laid down for each category of products concerned;

Whereas, within the context of UNCTAD, the Euro­ pean Economic Community offered to grant tariff "Whereas stating the offer made by the Community preferences on finished and semifinished products includes a clause that the Community drew up the coming from developing countries; whereas the pre­ offer on the assumption that all the main industrial­ ferential treatment proposed in that offer covers, ized countries which are members of the OECD would generally speaking, all finished and semi-finished participate in granting preferences and would make industrial products covered by Chapters 25 to 99 of similar efforts in this direction ; whereas, moreover, the Brussels Nomenclature which originate in devel­ it is evident from the conclusions worked out in oping countries ; whereas the preference consists in UNCTAD that this offer, while being of a temporary the granting of exemption from customs duties; nature, does not constitute a binding commitment whereas preferential imports are effected up to the and, in particular, may be withdrawn wholly or in level of ceiling calculated by value in respect of each part at a later date; whereas this possibility may be product on the basis of factors which are uniform adopted inter alia with a view to remedying any for all the products ; whereas, in order that the pre­ unfavourable situations which might arise in the ferences granted to the most competitive developing associated countries following the implementation of country or countries should be restricted and that a substantial share should be reserved for the least the generalized preference scheme; competitive, preferential imports from any one devel­ oping country in respect of a given product should not, as a general rule, exceed 50% of the ceiling Whereas, moreover, the Conference of Heads of State fixed for that product; or of Government of the Member States and the States acceding to the European Communities held in Paris from 19 to 21 October 1972 invited the Com­ Whereas, in the offer made by the Community, the munity institutions and the Member States progress­ annual ceilings should normally be calculated on the ively to adopt an overall policy of development coop­ basis of the total value for 1968 of cif imports from eration on a worldwide scale comprising in particular the countries benefiting from this scheme, excluding the improvement of generalized preferences with the those already enjoying various preferential tariff aim of achieving a steady increase in imports of arrangements granted by the Community, (basic manufactures from the developing countries ; amount), plus 5% of the value of cif imports from the other countries and from the countries already enjoying such arrangements (additional amount); whereas such additional amount is variable and is Whereas tariff preferences have been applied from calculated each year on the basis of the latest figures the second half of 1971 under the conditions set out available, provided that this entails no reduction in above and whereas these preferences should continue the ceiling ; to be applied throughout 1974;

28 . 12 . 73 Official Journal of the European Communities No L 358/77

Whereas, in accordance with Protocol No 23 to the Whereas the application of the generally accepted Act of Accession (*), the generalized tariff preference principles in respect of the allocation of the Com­ scheme will be applicable in the new Member States munity tariff quotas which have been opened hitherto from 1 January 1974; entails under these circumstances, in view of the variety of the products concerned and the fact that the beneficiary countries are specified, calculations which are all the more problematic in that the Whereas, having regard to the terms of the offer statistical data required sometimes prove to be in­ concerned and to the need to improve the generalized complete or not sufficiently accurate or represen­ preferences the abovementioned basic and additional tative; whereas the time required for these calculations amounts should normally refer to 1971 ; whereas, cannot be reconciled with . the continuity necessary however, in respect of textile products, the com­ for the application of the tariff preferences con­ plexity of the measures to be implemented, combined cerned; whereas, under these conditions, it would be with the abovementioned aim of improving the gen­ advisable still at this stage to adopt a fixed scale for eralized preferences, as can be overcome only by allocating the Community tariff quotas concerned means of a flat-rate increase of some 50% in the among the Member States ; whereas, using as a basis ceilings fixed for 1973 ; general economic criteria relating to external trade either as a whole or in the textile sector alone, the gross national product and population, the percent­ Whereas it is expedient, therefore, in respect of the ages for the initial shares of the Member States in products referred to in Annex A which originate in the quota amounts are as follows for the quota year the countries listed in Annex B, that the Community under consideration : should open, for 1974, duty-free Community tariff quotas within the limits of the amounts in units of for products other for textile account or metric tons given in respect of each of than textiles products these products ; Germany 27-5% 27%

Benelux 10-5% 10% Whereas charges against each of these tariff quotas France 19-0% 19°/o must, in respect of the products originating in any of the abovementioned countries, come within a Italy 15-0% 14% specified percentage of the amount of the quota; Denmark 5-0% 7% whereas the benefit of such tariff quotas should be reserved for products originating in the countries Ireland 1-0% 1% under consideration, the concept of 'originating products' being determined in accordance with the United Kingdom 22-0% 22% procedure laid down in Article 14 of Council Regu­ lation (EEC) No 802/68 (2) of 27 June 1968 of the Whereas, without affecting the Community nature common definition of the concept of the origin of of the tariff quotas under consideration, it appears goods; possible to provide at this stage for a utilization scheme based on a single allocation among the Member States ; whereas, moreover, the allocation Whereas it is necessary to ensure equal and con­ set out by this Regulation in no way prejudices the tinuous access for all Community importers to the possibility of adopting, following a limited experi­ abovementioned quotas and the uninterrupted appli­ mental period, the general method of allocation of cation of the rate laid down for those quotas to all Community tariff quotas comprising the setting up imports of the products cqncerned into all Member of a reserve share; whereas at the present juncture it States until those quotas are used up ; whereas, having appears feasible that such allocation could be made regard to the principles set out above, the Com­ according to the percentages set out in the table munity nature of the quotas can be respected by above; whereas, however, as regards certain yarn and allocating the Community tariff quota among Mem­ woven fabrics of synthetic textiles fibres and sisal ber States ; whereas, moreover, to this end and in the twine falling within subheading Nos 51.04, 56.05 A, 56.07 A and ex 59.04 of the Common Customs context of the utilization system, the actual charges against the quotas may relate only to products which Tariff, one new Member State, the Kingdom of Den­ are entered for home use and which are accompanied mark, has for some years been importing these at a by a certificate of origin; relatively high level from certain developing countries and has therefore ceased to produce the articles in question ; whereas, this special situation should tem­ porarily be taken into account and this Member State should be granted an increased share without restric­ O OJ No L 73 , 27. 3 . 1972, p. 14. ting the access thereto of countries benefiting from (2) OJ No L 148 , 28 . 6. 1958 , p. 1 . generalized preferences ;

No L 358/78 Official Journal of the European Communities 28 . 12 . 73

Whereas since the Kingdom of Belgium, the King­ 4. Any amendments to Annex B, in particular by dom of the Netherlands and the Grand Duchy of the addition of new countries enjoying tariff pre­ Luxembourg are united in and represented by the ferences, may entail a corresponding adjustment to Benelux Economic Union, all transactions concern­ the amounts of the quotas and to the maximum ing the administration of the shares allocated to the amounts appearing in columns 3 and 4 of Annex A. Benelux Economic Union may be carried out by any one of its Members,

Article2¶

1 . The Community tariff quotas referred to in HAS ADOPTED THIS REGULATION : Article 1 shall be allocated in shares which shall be, for each Member State, the amounts corresponding to the quantities shown in column 5 of Annex A against each category of products. Article 1 2 . The shares allocated to Denmark for certain products falling within subheading Nos 51.04, 56.05 A, 56.07 A and ex 59.04 shall be increased by an 1 . From 1 January to 31 December 1974 the Com­ mon Customs Tariff duties and the tariff duties of the amount determined by a footnote to Annex A. new Member States on the products listed in Annex A shall be completely suspended within the frame­ Article 1 (3 ) shall not apply to such an increase. ' work of Community tariff quotas in proportions which shall be expressed in metric tons or units of account and which shall be indicated in respect of Article 3 each product in column 3 of such Annex.

Ireland is authorized to apply customs duties equal 1 . The Member States shall ensure free access to the to the duties it applies in respect of the same pro­ shares which have been allocated to them for im­ ducts vis-a-vis Member States other than the United porters of the said goods who are established in Kingdom . their territory.

2 . The extent to which the shares of Member States 2. These tariff quotas shall be enjoyed solely by have been actually used up shall be determined on products originating in the countries listed in Annex the basis of imports of the said goods which have B. However, those imports which already enjoy been entered for home use and which are ac­ exemption from customs duties under other preferen­ companied by a certificate of origin in accordance tial tariff arrangements granted by the Community with the rules referred to in Article 1 ( 2 ). may not be charged against these tariff quotas . For the purpose of this Regulation, the concept of ori­ ginating products shall be determined in accordance 3 . Goods shall qualify for a tariff quota only if the with the procedure laid down in Article 14 of Regu­ certificate of origin referred to in paragraph 2 is lation (EEC) No 802/ 68 . presented before the date on which the levying of duties is reintroduced.

With regard to carpets, carpeting and rugs, mentioned in Annex A and falling under heading No 58.01 ex A, the certificates of origin for these products shall state Article 4 the number of knots per metre of warp.

The Commission shall take all necessary measures to ensure that the maximum amount referred to in 3 . The amount to be charged in respect of each Article 1 (3 ) is observed . When the charges, at Com­ country referred to in paragraph 2 against each of munity level, of products originating in each of the the tariff quota amounts mentioned above shall be countries listed in Annex B against any one of the limited to the maximum amount given as a percent­ Community tariff quotas reach the maximum amount age and either in metric tons or in units of account laid down in column 4 of Annex A, the Commission in column 4 of Annex A against each category of shall immediately notify the Member States of the products . date on which, as a result of this fact, the normal

28 . 12. 73 Official Journal of the European Communities No L 358/79

tariff is to be reintroduced in respect of the country Article 6 in question. This notification shall be published in the Official Journal of the European Communities. Member States and the Commission shall cooperate closely to ensure that the above Articles are observed.

Article 5 Article 7 Member States shall inform the Commission at reg­ ular intervals of imports of the products in question This Regulation shall enter into force on 1 January actually charged against their shares. 1.974.

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 358/80 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 Quota CCT amount in per country (4) Volume of shares allocated to Order heading Description metric No No tons Member States in metric tons (a) (a) metric % tons (D (2) (3) (a) (5)

1 51.01 Yarn of man-made fibres (continuous), 1350 50 675 Germany 364.50 not put up for retail sale : Benelux 135.00 France 256.50 A. Yarn of synthetic textile fibres Italy 189.00 Denmark 94.50 B. Yarn of regenerated textile fibres : Ireland 13.50 II. Other United Kingdom 297.00

2 51.04 Woven fabrics of man-made fibres 330 30 99 Germany 89.10 (continuous), including woven fabrics of Benelux 33.00 monofil or strip of heading No 51.01 or France 62.70 51.02 Italy 46.20 Denmark i1) 23.10 Ireland 3.30 United Kingdom 72.60

3 56.05 Yarn of man-made fibres (discontinuous 548 20 110 Germany 147*96 or waste), not put up for retail sale : Benelux 54*80 France 104.12 A. Of synthetic textile fibres Italy 76*72 Denmark (2) 38.36 Ireland 5.48 United Kingdom 120*56

4 56.07 Woven fabrics of man-made fibres 510 30 153 Germany 137.70 (discontinuous or waste) : Benelux 51.00 France 96.90 A. Of synthetic textile fibres Italy 71.40 Denmark (3) 35.70 Ireland 5*10 United Kingdom 112.20

(a) Save as otherwise indicated. (*) Pursuant to Article 2 (2) this share is increased by 26-90 metric tons. (*) Pursuant to Article 2 (21 this share is increased by 61-64 metric tons. (*) Pursuant to Article 2 (2) this share is increased by 464-30 metric tons.

28 . 12 . 73 Official Journal of the European Communities No L 358/81

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

58.01 Carpets , carpeting and rugs, knotted ( made up or not) : ex A. Of wool or of fine animal hair, containing per metre of warp : 5 — At least 350 rows of knots 2 700 20 540 Germany 729-00 Benelux 270-00 France 513-00 Italy 378-00 Denmark 189-00 Ireland 27-00 United Kingdom 594-00

6 350 to 500 rows of knots 2 100 30 630 Germany 567-00 Benelux 210-00 France 399-00 Italy 294-00 Denmark 147-00 Ireland 21-00 United Kingdom 462-00

ex 59.04 Twine, cordage, ropes and cables , plaited or not : 7 — Of hemp 2 400 30 720 Germany 648-00 Benelux 240-00 France 456-00 Italy 336-00 Denmark 168-00 Ireland 24-00 United Kingdom 528-00

8 Of sisal (agave sisalana) 600 30 180 Germany 162-00 Benelux 60-00 France 114-00 Italy 84-00 Denmark (*) 42-00 Ireland 6-00 United Kingdom 132-00

9 — Of synthetic textile fibres 578 30 173 Germany 156-06 Benelux 57-80 France 109-82 Italy 80-92 Denmark 40-46 Ireland 5-78 United Kingdom 127-16

10 Other, other than coir fibres 450 30 135 121-50 Germany Benelux 45-00 France 85-50 Italy 63-00 Denmark 31-50 Ireland 4-50 United Kingdom 99-00

(a) Save as otherwise indicated. (x) Pursuant to Article 2 (2) this share is increased by 158 metric tons .

No L 358/82 Official Journal of the European Communities 28 . 12. 73

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

11 ex 60.03 Stockings, under stockings , socks , ankle­ 256 30 77 Germany 69-12 socks, sockettes and the like, knitted or Benelux 25-60 crocheted, not elastic or rubberized : France 48-64 Italy 35-84 — Other than of cotton Denmark 17-92 Ireland 2-56 United Kingdom 56-32

12 60.04 Under garments, knitted or crocheted , 1 650 20 330 Germany 445-50 not elastic or rubberized : Benelux 165-00 France 313-50 B. Of other textile materials Italy 231-00 Denmark 115-50 Ireland 16-50 United Kingdom 363-00

13 60.05 Outer garments and other articles , 496 30 149 Germany 133-92 knitted or crocheted, not elastic or rub­ Benelux 49-60 berized : France 94-24 Italy 69-44 A. Outer garments and clothing accesso­ Denmark 34-72 ries : Ireland 4-96 ex II . Other United Kingdom 109-12 ex B. Other

in units of account — 14 64.01 Footwear with outer soles and uppers of 2 137 000 30 641 100 Germany 587 675 rubber or artificial plastic material : Benelux 224 385 France 406 030 Italy 320 550 Denmark 106 850 Ireland 21 370 United Kingdom 470 140

in units of account — 15 64.02 Footwear with outer soles of leather or 17 458 000 20 3 491 600 Germany 4 800 950 composition leather ; footwear (other Benelux 1 833 090 than footwear falling within heading No France 3 317 020 64.01 ) with outer soles of rubber or Italy 2 618 700 artificial plastic material : Denmark 872 900 Ireland 174 580 A. Footwear with uppers of leather United Kingdom 3 840 760

— in units of account 16 64.02 Footwear with outer soles of leather or 9 693 000 20 1 938 600 Germany 2 665 575 composition leather ; footwear (other than Benelux 1 017 765 footwear falling within heading No 64.01 ) France 1 841 670 with outer soles of rubber or artificial Italy 1 453 950 plastic material : Denmark 484 650 Ireland 96 930 B. Other United Kingdom 2 132 460

(a) Save as otherwise indicated.

28 . 12 . 73 Official Journal of the European Communities No L 358/83

ANNEX B

List of developing countries and territories enjoying generalized tariff preferences

INDEPENDENT COUNTRIES

Afghanistan India Rwanda Algeria Indonesia Saudi Arabia Argentina Iran Senegal Bahamas Iraq Sierra Leone Bahrain Ivory Coast Singapore Bangladesh Jamaica Somalia Barbados Jordan Sri Lanka Bhutan Kenya Sudan Bolivia Khmer Republic Swaziland Botswana Korea (South) Syria Brazil Kuwait Tanzania Burma Laos Thailand Burundi Lebanon Togo Cameroon Lesotho Tonga Central African Republic Liberia Trinidad and Tobago Chad Libya Tunisia Chile Malagasy Republic Uganda Colombia Malawi United Arab Emirates : Congo, People's Republic of Malaysia Abu Dhabi Costa Rica Maldive Islands Dubai Cuba Mali Ras al Khaimah Cyprus Mauritania Fujairah Dahomey Mauritius Ajman Dominican Republic Mexico Sharjah Ecuador Morocco Ummal Qaiwain Egypt, Arab Republic of Nauru Upper Volta El Salvador Nepal Uruguay Equatorial Guinea Nicaragua Venezuela Ethiopia Niger Vietnam, Republic of Fiji Nigeria Western Samoa Gabon Oman Yemen, People's Democratic Gambia Pakistan Republic of Ghana Panama Yemen Arab Republic Guatemala Paraguay Yugoslavia Guinea Peru Zaire Guyana Philippines Zambia Haiti Qatar Honduras Romania