31973R3505

No L 358/84 Official Journal of the European Communities 28 . 12. 73

REGULATION (EEC) No 3505 /73 OF THE COUNCIL of 18 December 1973 opening preferential tariffs for certain textile products and footwear originating in developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas the offer made by the Community includes a clause stating that the Community drew up the* offer on the assumption that all the main industri­ Having regard to the Treaty establishing the Euro­ alized countries which are members of the OECD pean Economic Community ; would participate in granting preferences and would make similar efforts in this direction ; whereas, more­ over, it is evident from the conclusions worked out in Having regard to the proposal from the Commission; UNCTAD that this offer, while being of a temporary nature, does not constitute a binding commitment Having regard to the Opinion of the European Par­ and, in particular, may be withdrawn wholly or in liament ; part at a later date ; whereas this possibility may be adopted inter alia with a view to remedying any Whereas, within the context of UNCTAD, the Euro­ unfavourable situations which might arise in the pean Economic Community offered to grant tariff associated countries following the implementation of preferences on finished and semi-finished products the generalized preference scheme; coming from developing countries ; whereas the pre­ ferential treatment proposed in that offer covers, generally speaking, all finished and semi-finished Whereas, moreover, the Conference of Heads of State or of Government of the Member States and the industrial products covered by Chapters 25 to 99 of the Brussels Nomenclature which originate in States acceding to the European Communities held in Paris from 19 to 21 October 1972 invited the developing countries ; whereas the preference consists in the granting of exemption from customs duties ; Community institutions and the Member States to whereas preferential imports are effected up to the adopt an overall policy of development cooperation level of ceilings calculated by value in respect of each on a worldwide scale comprising in particular the product on the basis of factors which are uniform improvement of generalized preferences with the aim for all the products, whereas, in order that the pref­ of achieving a steady increase in imports of manu­ erences granted to the most competitive developing factures from the developing countries ; country or countries should be restricted and that a substantial share should be reserved for the least competitive, preferential imports from any one de­ Whereas tariff preferences have been applied from the second half of 1971 under the conditions set out veloping country in respect of a given product should not, as a general rule, exceed 50% of the ceiling above and whereas these preferences should continue fixed for that product; to be applied throughout 1974 ;

Whereas, in the offer made by the Community, the Whereas, in accordance with Protocol No 23 to the annual ceilings should normally be calculated on the Act of Accession ( x), the generalized tariff preference basis of the total value for 1968 of cif imports from scheme will be applicable in the new Member States the countries benefiting from this scheme, excluding from 1 January 1974; those already enjoying various preferential tariff arrangements granted by the Community, ( basic amount) plus 5% of the value of cif imports from the Whereas , having regard to the terms of the offer other countries and from the countries already concerned and to the need to improve the generalized enjoying such arrangements ( additional amount); preferences, the abovementioned basic and additional whereas such additional amount is variable and is amounts should normally refer to 1971 ; whereas, calculated each year on the basis of the latest figures however, in respect of textile products, the complexity available, provided that this entails no reduction in of the measures to be implemented, combined with the ceiling; whereas , however, in view of the special the abovementioned aim of improving the generalized nature of the trade in textile products falling within preferences can be overcome normally only be means Chapters 50 to 63 of the Common Customs Tariff which are referred to in this Regulation, it is expedi­ ent to calculate the ceilings concerned in terms of metric tons ; i1) OJ No L 73 , 27. 3 . 1972 , p. 14.

28 . 12. 73 Official Journal of the European Communities No L 358/ 85

of a flat-rate increase of some 50% in the ceilings Annex A shall, subject to Article 2 and Article 4 (2 ), fixed for 1973, the calculations for the additional be totally suspended. amount of the ceilings having already been made on the basis of 1970 figures ; Ireland is authorized to apply customs duties equal to the duties it applies in respect of the same products Whereas it is expedient, therefore, in respect of the vis-a-vis Member States other than the United King­ products referred to in Annex A which originate in dom . the countries listed in Annex B, that the Community should allow, for each category of these products and throughout 1974, duty-free imports within the limits 2. This suspension shall be enjoyed solely by pro­ of the Community ceilings calculated in the manner set out above ; whereas the benefit of such tariff ducts originating in the countries listed in Annex B. However, those imports which already enjoy exemp­ exemption should be reserved for products originating tion from customs duties under other preferential in the countries under consideration, the con­ tariff arrangements granted by the Community shall cept of 'originating products' being determined in not be charged against the ceilings specified in para­ accordance with the procedure laid down in Article graph 3 . For the purposes of this Regulation, the 14 of Council Regulation (EEC) No 802/68 (*) of concept of originating products shall be determined 27 June 1968 on the common definition of the in accordance with the procedure laid down in Article concept of the origin of goods ; whereas charges 14 of Regulation (EEC) No 802/68 . against each of these ceilings must, as a general rule, come within a maximum Community amount of 50% in respect of the products originating in any of the With regard to carpets, carpeting and rugs, mentioned abovementioned countries ; in Annex A and falling under heading No 58.01 ex A, the certificates of origin for these products shall state Whereas, under these circumstances, these objectives the number of knots per metre of warp. may be reached by applying a method of adminis­ tration based on the charging, at Community level, against the abovementioned ceilings and maximum 3 . Subject to the provisions of Article 2 and Article 4 amounts, of imports of the products concerned as (2) this suspension shall be granted within a Com­ and when these products are entered for home use, munity ceiling : and are accompanied by a certificate of origin; whereas this method of administration must make — expressed in units of account, which shall be provision for the reintroduction of customs duties as equal to the amount obtained by adding together, soon as the said ceilings or maximum amounts are on the one hand, the imports of each of the pro­ reached at Community level ; ducts of Chapter 64, listed in Annex A, to the Community in 1971 from the countries listed in Whereas such method of administration calls for Annex B, excluding those already enjoying very close and particularly rapid cooperation between various preferential tariff arrangements granted Member States and the Commission, which must, in by the Community, and, on the other hand, 5% of particular, be able to observe the extent to which the value of imports in 1971 from other countries charges are made against the ceilings and maximum and from countries already enjoying such arrange­ amounts and inform Member States thereof; whereas ments . such cooperation should be particularly close in view of the need for the Commission to be able to take — expressed in metric tons, which shall be equal to appropriate measures to reintroduce customs duties 150% of the amount obtained by adding together, either generally or individually, when any of the cei­ on the one hand, the imports of each of the lings or maximum amounts is reached, textile products of Chapters 50 to 63, listed in Annex A, to the Community in 1968 from the countries listed in Annex B, excluding those already enjoying various preferential tariff arran­ HAS ADOPTED THIS REGULATION : gements granted by the Community, and, on the other hand, 5% of the tonnage of imports in 1970 from other countries and from countries already Article 1 enjoying such arrangements.

1 . From 1 January to 31 December 1974 the Com­ mon Customs Tariff duties and the tariff duties of 4. Subject to Article 2 and Article 4 (2), within each the new Member States on the products listed in ceiling thus calculated, charges of products orig-i inating in any one of the countries listed in Annex B should not exceed a Community maximum amount (*) OJ No L 148 , 28 . 6. 1968 , p. 1 . equivalent to 50% of this ceiling.

No L 3.58/ 86 Official Journal of the European Communities 28 . 12 . 73

5 . Any amendment to Annex B, in particular by the 2. Goods may be charged against a ceiling or maxi­ addition of new countries enjoying tariff preferences mum amount only if the certificate of origin referred may entail a corresponding adjustment to the Com­ to above is presented before the date on which the munity ceilings and the maximum amounts referred levying of duties is reintroduced . to in paragraphs 3 and 4. 3 . The extent to which the ceilings and maximum amounts have been actually filled shall be determined Article 2 at Community level on the basis of the imports charged in accordance with paragraphs 1 and 2. 1 . As soon as the ceilings calculated in accordance with the first subparagraph of Article 1 (3 ), which are laid down for Community imports of products Article 4 originating in all of the countries referred to in Article 1 (2), are reached at Community level, the levying of customs duties on imports of the products 1 . The Commission, in close cooperation with the in question from all the countries concerned may Member States, shall take all necessary measures to be reintroduced until the end of the period referred ensure that the above provisions are applied. to in the first subparagraph of Article 1 ( 1 ).

2 . As soon as the maximum amounts calculated in 2. The Commission shall reintroduce the levying of customs duties in respect of all the countries referred accordance with Article 1 (4), which are laid down to in Article 1 (2) or in respect of any one of them for Community imports of products originating in each of the countries referred to in Article 1 (2), are by means of a Regulation in the conditions laid down in Article 2 ( 1 ) and (2 ). reached for any one of these countries at Community level, the levying of the customs duties on imports of the products in question from the country con­ cerned may at any time be reintroduced until the end Article 5 of the period referred to in the first subparagraph of Article 1 ( 1 ). Member States shall inform the Commission at regular intervals of imports of the products in ques­ Article 3 tion actually charged against the Community ceiling and maximum amounts laid down in Article 1 (3 ) 1 . Imports of the products in question shall be and (4). actually charged against the Community ceilings and maximum amounts as and when the products are entered for home use, and, except for the textile products of Chapters 50 to 63 referred to in Annex A, Article 6 on the basis of the customs value of these products, and provided that they are accompanied by a cer­ tificate of origin pursuant to the rules laid down in This Regulation shall enter into force on 1 January Article 1 ( 2). 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

I. N0RGAARD

28 . 12 . 73 Official Journal of the European Communities No L 358/87

ANNEX A

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

CCT Order " No heading Description No

CHAPTER 50

1 50.04 Silk yarn , other than yarn of noil or other waste silk , not put up for retail sale

2 50.05 Yarn spun from silk waste other than noil , not put up for retail sale

3 50.06 Y arn spun from noil silk , not put up for retail sale

4 50.07 Silk yarn and yarn spun from noil or other waste silk , put up for retail sale

5 50.08 Silk-worm gut ; imitation catgut of silk

6 50.09 Woven fabrics of silk or of waste silk other than noil

7 50.10 Woven fabrics of noil silk

CHAPTER 51

8 51.02 Monofil , strip (artificial straw and the like) and imitation catgut, of man-made fibre materials

9 51.03 Yarn of man-made fibres (continuous), put up for retail sale

10 CHAPTER 52 METALLIZED TEXTILES

CHAPTER 53

11 53.06 Yarn of carded sheep's or lambs' wool (woollen yarn), not put up for retail sale

12 53.07 Yarn of combed sheep 's or lambs' wool (worsted yarn),, not put up for retail sale

13 53.08 Yarn of fine animal hair (carded or combed), not put up for retail sale

(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 the present arrangements , except for Ireland, which is authorized to apply customs duties equal to the duties it applies in respect of the same products vis-a-vis Member States other than the United Kingdom .

No L 358/88 Official Journal of the European Communities 28 . 12 . 73

Order CCT No heading Description No

14 53.09 Yarn of horsehair or of other coarse animal hair, not put up for retail sale

15 53.10 Yarn of sheep's or lambs' wool , of horsehair or of other animal hair (fine or coarse), put up for retail sale

16 53.11 Woven fabrics of sheep's or lambs' wool or of fine animal hair

17 53.12 Woven fabrics of coarse animal hair other than horsehair

18 53.13 Woven fabrics of horsehair

CHAPTER 54

19 54.03 Flax or ramie yarn, not put up for retail sale

20 54.04 Flax or ramie yarn , put up for retail sale

CHAPTER 56

21 56.01 Man-made fibres (discontinuous), not carded , combed or otherwise prepared for spinning (1)

22 56.02 Continuous filament tow for the manufacture of man-made fibres ( discontinuous) i1)

23 56.03 Waste (including yarn waste and pulled or garnetted rags) of man­ made fibres (continuous or discontinuous), not carded, combed or otherwise prepared for spinning i1)

24 56.04 Man-made fibres (discontinuous or waste), carded, combed or other­ wise prepared for spinning

25 56.06 Yarn of man-made fibres (discontinuous or waste), put up for retail sale

CHAPTER 57

26 57.05 Yarn of true hemp

27 57.07 Yarn of other vegetable textile fibres : B. Other

28 57.08 Paper yarn

29 57.09 Woven fabrics of true hemp

30 ex 57.11 Woven fabrics of other vegetable textile fibres, excluding those of coir

31 57.12 Woven fabrics of paper yarn

f1) for products falling within this heading, the maximum Community amount referred to in Article 1 (4) of this Regu­ lation is reduced to 30% .

28 . 12. 73 Official Journal of the European Communities No L 358/89

Order CCT No heading Description No

CHAPTER 58

58.01 Carpets , carpeting and rugs , knotted (made up or not) : 32 ex A. Of more than 500 knots 33 B. Of silk , or waste silk other than noil , of synthetic textiles fibres , of yarn falling within heading No 52.01 or of metal threads 34 ex C. Of other textile materials other than jute or other textile bast fibres of heading No 57.03 or coir

58.02 Other Carpets , carpeting, rugs , mats and matting, and ' Kelem', ' Schumacks ' and ' Karamanie' rugs and the like ( made up or not) 35 ex A. Carpets other than of jute or other textile bast fibres of heading No 57.03 or coir 36 B. ' Kelem', 'Schumacks' and ' Karamanie' rugs and the like

37 58.03 Tapestries , hand-made, of the type Gobelins , Flanders, Aubusson , Beauvais and the like, and needle-worked tapestries (for example , petit point and cross stitch) made in panels and the like by hand

38 58.05 Narrow woven fabrics , and narrow fabrics (bolduc) consisting of warp without weft assembled by means of an adhesive , other than goods falling within heading No 58.06

39 58.06 Woven labels , badges and the like , not embroidered, in the piece, in strips or cut to shape or size

40 58.07 Chenille yarn (including flock chenille yarn), gimped yarn (other than metallized yarn of heading No 52.01 and gimped horsehair yarn); braids and ornamental trimmings in the piece ; tassels pompons and the like

41 58.08 Tulle and other net fabrics (but not including woven , knitted or cro­ cheted fabrics) plain

42 58.09 Tulle and other net fabrics (but not including woven, knitted or crocheted fabrics), figured ; hand or mechanically made lace, in the piece, in strips or in motifs

CHAPTER 59

43 59.01 "Wadding and articles of wadding ; textile flock and dust and mill neps

44 59.02 Felt and articles of felt, whether or not impregnated or coated

45 59.03 Bonded fibre fabrics , similar bonded yarn fabrics , and articles of such fabrics , whether or not impregnated or coated

46 59.05 Nets and netting made of twine, cordage or rope and made up fishing nets of yarn , twine, cordage or rope

47 59.06 Other articles made from yarn , twine, cordage , rope or cables other than textile fabrics and articles made from such fabrics

No L 358/90 Official Journal of the European Communities 28 . 12 . 73

CCT Order No heading Description No

48 59.07 Textile fabrics coated with gum or amylaceous substances of a kind used for the outer covers of books and the like ; tracing cloth ; prepared painting canvas ; buckram and similar fabrics for hat foundations and similar uses

49 59.08 Textile fabrics impregnated , coated , covered or laminated with pre­ parations of cellulose derivatives or of other artificial plastic materials

50 59.09 Textile fabrics coated or impregnated with oil or preparations with a basis of drying oil

51 59.10 Linoleum and materials prepared on a textile base in a similar manner to linoleum , whether or not cut to shape or of a kind used as floor coverings ; floor coverings consisting of a coating applied on a textile base, cut to shape or not

52 59.11 Rubberized textile fabrics , other than rubberized knitted or crocheted goods

53 59.12 Textile fabrics otherwise impregnated or coated ; painting canvas being theatrical scenery , studio back-cloths or the like

54 59.13 Elastic fabrics and trimmings (other than knitted or crocheted goods) consisting of textile materials combined with rubber threads

55 59.14 Wicks , of woven , plaited or knitted textile materials , for lamps , stoves , lighters , candles and the like, tubular knitted gas-mantle fabric and incandescent gas mantles

56 59.15 Textile hosepiping and similar tubing , with or without lining , armour or accessories of other materials

57 59.16 Transmission, conveyor or elevator belts or belting, of textile material , whether or not strengthened with metal or other material

58 59.17 Textile fabrics and textile articles , of a kind commonly used in machi­ nery or plant

CHAPTER 60

59 60.01 Knitted or crocheted fabrics , not elastic or rubberized A. Of wool or of fine animal hair

60 ex 60.02 Gloves , mittens and mitts , knitted or crocheted, not elastic or rub­ berized , other than of cotton

61 60.05 Outer garments and other articles , knitted or crocheted , not elastic or rubberized : A. Outer garments and clothing accessories : 1 . Jerseys and pullovers , containing at least 50% by weight of wool and weighing 600 g or more per article

28 . 12 . 73 Official Journail of the European Communities No L 358/91

CCT Order No heading Description No

62 60.06 Knitted or crocheted fabric and articles thereof, elastic or rubberized (including elastic knee-caps and elastic stockings) : B. Other

CHAPTER 61

63 ex 61.04 Women's girls ' and infants' under garments , other than of cotton

64 61.06 Shawls , scarves , mufflers , mantillas , veils and the like

65 61.07 Ties , bow ties and cravats

66 61.08 Collars , tuckers , fallals , bodice-fronts , jabots , cuffs , flounces , yokes and similar accessories and trimmings of women's and girls' garments

67 61.09 Corsets , corset-belts , suspender-belts , brassieres , braces , suspenders , garters and the like (including such articles of knitted or crocheted fabric), whether or not elastic

68 61.10 Gloves , mittens , mitts , stockings , socks and sockettes , not being knit­ ted or crocheted goods

69 61.11 Made up accessories for articles of apparel (for example, dress shields , shoulder and other pads , belts , muffs , sleeve protectors , pockets)

CHAPTER 62

70 62.01 Travelling rugs and blankets : A. Electrically heated B. Other : II . Of other textile materials

71 62.03 Sacks and bags , of a kind used for the packing of goods B. Of other textile materials : I. Used a) Flax or of sisal ex b) Other (excluding coir or cotton fibres)

72 ex 62.05 Other made up textile articles (including dress patterns), other than of jute* other than textile bast fibres of heading 57.03 or coir

No L 358/92 Official Journal of the European Communities 28 . 12 . 73

Order CCT No heading Description No

CHAPTER 63

73 ex 63.01 Clothing, clothing accessories , travelling rugs and blankets , household linen and furnishing articles (other than articles falling within heading No 58.01 , 58.02 or 58.03 ), of textile materials, footwear and headgear of any material, showing signs of appreciable wear and imported in bulk or in bales , sacks or similar bulk packings other than of jute other than textile bast fibres of heading 57.03 or coir

CHAPTER 64

74 64.03 Footwear with outer soles of wood or cork

75 64.04 Footwear with outer soles of other materials

76 64.05 Parts of footwear (including uppers, in -soles and screw-on heels) of any material except metal

77 64.06 Gaiters, spats , leggings , puttees , cricket pads , shin-guards and similar articles, and parts thereof

28 . 12 . 73 Official Journal of the European Communities No L 358/93

ANNEX B

List of developing countries and territories enjoying generalized tariff preferences

INDEPENDENT COUNTRIES

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