31973R3508

No L 358/ 124 Official Journal of the European Communities 28 . 12 . 73

REGULATION (EEC) No 3508/73 OF THE COUNCIL

of 18 December 1973 opening, allocating and providing for the administration of a Community tariff quota for preserved pineapples other than in slices, half slices or spirals, originating in developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES , of the need to safeguard the interests of the asso­ ciated countries in this field, to lay down for pre­ served pineapples, other than in slices, half slices or Having regard to the Treaty establishing the Euro­ spirals special conditions consisting in a reduction of pean Economic Community, and in particular Ar­ the customs duty applicable to that product within ticle 43 thereof; the limits of a Community tariff quota ;

Having regard to the proposal from the Commission ; Whereas the offer made by the Community includes a clause stating that the Community drew up the Having regard to the Opinion of the European offer on the assumption that all the main industrial­ Parliament; ized countries which are members of the OECD would participate in granting preferences and would Whereas in the Joint Declaration of Intent ( 1 ) on make similar efforts in this direction ; whereas, more­ the development of trade relations with Sri-Lanka, over, it is evident from the conclusions worked out India, Malaysia, Pakistan and Singapore, the Com­ in UNCTAD that this offer, while being of a tem­ munity declared its readiness to seek solutions to porary nature, does not constitute a binding commit­ the problems which may arise in the field of trade ment and, in particular, may be withdrawn wholly with the countries referred to ; or in part at a later date; whereas this possibility may be adopted, inter alia, with a view to remedying Whereas in respect of several Asian countries of the any unfavourable situations which might arise in Commonwealth and particularly as regards Malaysia the associated countries following the implemen­ the said preserved pineapples are an important tation of the generalized preference scheme ; export product and the flow of trade in such prod­ ucts is likely to be changed as a result of the enlarge­ ment of the Community; whereas the system of Whereas tariff preferences have been applied as from generalized tariff preferences may constitute a solu­ the second half of 1971 and whereas it is expedient tion to the problems of this nature and whereas cer­ to continue to apply them throughout 1974 ; tain forms of preserved pineapples should therefore be included in the system of generalized preferences ; Whereas it is expedient, therefore, that the Com­ munity should open for 1974 in respect of the said Whereas , within the context of UNCTAD , the Euro­ products, originating in the countries and territories pean Economic Community offered to grant tariff listed in the Annex, a Community tariff quota lim­ preferences on certain processed agricultural prod­ ited to 2Q000 metric tons and at a customs duty of ucts of Chapters 1 to 24 of the Common Customs 12% , increased by the levy on sugar in the case Tariff originating in developing countries ; whereas where the sugar content exceeds 17% by weight; the preferential treatment proposed in that offer con­ sists, in respect of certain goods which are subject to the trade arrangements laid down in Regulation Whereas, in accordance with Protocol No 23 to the ( EEC ) No 1059/69 , of a reduction in the fixed com­ Act of Accession (2), the generalized tariff preference ponent of the charge applicable to such goods by scheme will be fully applicable in the new Member virtue of that Regulation, and, in respect of prod­ States from 1 January 1974 ; ucts which are subject to the single customs duty, of a reduction in such duty; whereas preferential imports of the products concerned could be effected Whereas, for the said products , this scheme would, without quantitative restrictions ; whereas it appears however, involve the application in the new Member appropriate, however, in view of the sensitiveness of States in 1974 of customs duties higher than or very the preserved fruit and vegetable sector generally and

0 OJ No L 73 , 27. 3 . 1972, p. 195 . ( 2) OJ No L 73 , 27. 3 . 1972, p. 14.

28 . 12. 73 Official Journal of the European Communities No L 358/ 125

close to those which will be applied by the new Italy 2-0% Member States to non-member countries in general Denmark 1-9% on the basis of the provisions of the abovementioned Act; whereas this situation would comply neither Ireland 1-0% with the spirit nor with the very nature of the general­ ized preference scheme; whereas, in order to main­ United Kingdom 69-2% tain an equivalent preferential margin for these prod­ ucts also, reduced customs duties should be applied Whereas, without affecting the Community nature of to them, in accordance with detailed rules based on the tariff quota under consideration, it appears poss­ the principle of maintaining, in the new Member ible to provide temporarily for a utilization scheme States, a preference proportional to that which exists between the duties of the Common Customs Tariff based on a single allocation among the Member and the duties given in Article 1 to this Regulation ; States ; whereas, moreover, the allocation set out by this Regulation in no way prejudices the possibility whereas, with a view to granting the beneficiary of adopting the general method of allocation of developing countries the best possible treatment, in Community tariff quotas comprising the setting up accordance with the objectives of the preference of a reserve share; whereas at this transitional stage scheme, the duties given in the abovementioned it appears feasible that such allocation could be made Article 1 should also be applied wherever the duties according to the percentage set out in the above calculated according to the abovementioned detailed table ; rules prove to be higher than them;

Whereas the percentage for the shares of the Member Whereas the benefit of this tariff quota should be States in the Community tariff quota, in view of reserved for products originating in the countries its duration and its amount, does not appear in this and territories under consideration^ whereas to this instance to compromise the equal access for Com­ end, the provisions concerning the definition of the munity importers to Community tariff quotas; concept of 'originating products' should be applied whereas for this same reason it would appear expedi­ in respect of the Community to the products from ent to allow each Member State to choose the system the developing countries, for the period from 1 for administering its share; January to 31 December 1974 as well as the provi­ sions derogating from the said definition of the con­ cept of originating products ; Whereas since the Kingdom of Belgium, the King­ dom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Benelux Economic Union, all transactions concern­ Whereas it is necessary to ensure equal and contin­ ing the administration of the share allocated to the uous access for all Community importers to the above­ Benelux Economic Union may be carried out by mentioned quota and the uniterrupted application any one of its Members, of the rate laid down for this quota to all imports of the products concerned into all Member States until this quota is used up; whereas, having regard to the principles set out above, the Community nature of the quota can be respected by allocating HAS ADOPTED THIS REGULATION : the Community tariff quota among Member States ; whereas , moreover, to this end and in the context Article 1 of the utilization system, the actual charges against the quota may relate only to products which have been entered for home use and which are ac­ 1 . From 1 January to 31 December 1974, a Com­ companied by a certificate of origin ; munity tariff quota of 20 000 metric tons shall be opened by the Community for the imports of preserved pineapples other than in slices, half slices Whereas on the basis of the statistical data available or spirals, falling under the following subheadings which cover only a relatively brief period and of the Common Customs Tariff: ex 20.06 B II a) 5, whereas they should be weighted on the basis of ex 20.06 B II b) 5, ex 20.06 B II c) 1 cc) and ex 20.06 the estimates which may be made for the quota year, B II c) 2. Within this tariff quota the customs duty the percentage of the shares of the quota amount shall be suspended at 12% with a charge on sugar may be drawn up as follows : for the said products with a sugar content exceeding 17% by weight. Germany 20-5% Benelux 4-9% On importation into Denmark, Ireland and the United Kingdom, there shall be applied to the above­ France 0-5% mentioned products the customs duty obtained by

No L 358/ 126 Official Journal of the European Communities 28 . 12 . 73

multiplying, by a coefficient equal to the margin of 2. The extent to which the shares of Member States preferences existing between the duty of 12°/o given have been actually filled shall be determined on the in the first subparagraph and the Common Customs basis of imports of the said goods which have been Tariff duties applicable, the duties obtained by re­ entered for home use, and which are accompanied ducing by 20% the difference between the lowest by a certificate of origin in accordance with the rules duty applied on 1 January 1972 to the developing referred to in Article 1 (2). countries set out in the Annex and the Common Customs Tariff. 3 . Goods may qualify for a tariff quota only if the certificate of origin referred to in paragraph 2 is However, the duty of 12°/o given in the first subpara­ submitted before the date on which the levying of graph shall be applied when the customs duty result­ duties is reintroduced. ing from the abovementioned calculation is higher than it. Article 4 2. The benefit of this tariff quota shall be reserved Member States shall inform the Commission at for the products originating in the countries and monthly intervals of imports of the products in territories listed in the Annex. However, the imports question actually charged against their shares. This already benefiting from exemption customs duties information shall cover both the value expressed in under another preferential tariff scheme granted by units of account and quantity expressed in metric the Community shall not be charged to this quota. tons . For the purposes of implementing this Regulation the concept of originating products shall be that Article 5 laid down by the provisions of Commission Regu­ lation (EEC) No 3614/73 ( 1), applicable to the prod­ ucts benefiting from tariff preferences granted by If the Community should find that the products the Community to the developing countries for the benefiting under the arrangements provided for in period from 1 January to 31 December 1974, taking Article 1 are being imported into the Community into account the exceptions made to these provisions in quantities or at prices such as to put or be likely by Commission Regulation (EEC ) No 3615 /73 (2). to put Community producers of similar or ^directly competitive products at a serious disadvantage or to create an unfavourable situation in associated Article 2 countries, the customs duties applied within the Com­ munity may be reintroduced in part or in full for The Community tariff quota mentioned in Article imports of the products in question from the country 1 shall be allocated in shares which in respect of or countries or territory or territories which are the each Member State shall be of the amount indicated cause of such disadvantage. Such measures may also below . be taken in the event of a serious disdvantage, either actual or foreseeable, which is confined to a single 4 100 metric tons region of the Community. Germany Benelux 980 metric tons Article 6 France 100 metric tons Italy 400 metric tons 1 . In order to ensure that Article 5 is applied, the Commission may, by way of a Regulation, reintro­ Denmark 380 metric tons duce Common Customs Tariff duties for a fixed Ireland 200 metric tons period.

United Kingdom 13 840 metric tons 2. If the Commission has acted at the request of a Member State, the former shall give its decision Article 3 within a maximum period of ten working days from the date of receipt of the request and shall inform the Member State of the action taken . 1 . The Member States shall ensure free access to the share which has been allocated to them for im­ 3 . Each Member State may refer the measure taken porters of the products concerned who are established by the Commission to the Council within a period on their territory. of ten working days following the date it was noti­ fied . The fact that the matter has been referred to (x) See p. 132 of this Official Journal . the Council shall not constitute the suspension of (a) See p. 183 of this Official Journal . the measure. The Council shall meet without delay.

28 . 12 . 73 Official Journal of the European Communities No L 358/ 127

Acting on a qualified majority, it may amend or up in connection with the common commercial repeal the measure in question. policy pursant to Article 113 of the Treaty.

Article7¶

The provisions of Articles 5 and 6 shall not preju­ This Regulation shall enter into force on 1 January dice the application of the protective clauses drawn 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/ 128 Official Journal of the European Communities 28 . 12 . 73

ANNEX A

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 Central African Republic Lesotho Tonga Chad Liberia Trinidad and Tobago Chile Libya Tunisia Colombia Malagasy Republic Uganda Congo, People's Republic of Malawi United Arab Emirates : Costa Rica Malaysia Abu Dhabi Cuba Maldive Islands Dubai Cyprus Mali Ras al Khaimah Dahomey Mauritania Fujairah Dominican Republic Mauritius Ajman Ecuador Mexico Sharjah Egypt, Arab Republic of Morocco Ummal Qaiwain 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

28 . 12 . 73 Official Journal of the European Communities No L 358/ 129

COUNTRIES AND TERRITORIES dependent or administered, or for whose external relations Member States of the Community or third countries are wholly or partly responsible

Afars and Issas (Territory of the) Angola (including Cabinda) Australian Antarctic Territory Belize Bermuda British Antarctic Territory British Indian Ocean Territory (Aldabra, Farquhar, Chagos Archipelago , Des Roches) British Pacific Ocean (x) Brunei » Cape Verde Islands Cayman Islands and Dependencies Christmas Island Cocos (Keeling) Islands Comoro Archipelago Corn Islands and Swan Islands Falkland Islands and Dependencies French Polynesia French Southern and Antarctic Territories Gibraltar Heard Island and MacDonald Islands Hong Kong Leeward Islands (2) Macao Mozambique Netherlands Antilles New Caledonia and Dependencies Norfolk Islands Pacific Islands administered by the United States of America or under United States trusteeship (3) Papua-New Guinea Portuguese Guinea Portuguese Timor St Helena (including Ascension, Gough Island, and Tristan da Cunha) Saint Pierre and Miquelon Sao Tome and Principe Seychelles (including Amirantes) Sikkim Spanish territories in Africa Surinam Territories for which New Zealand is responsible ( Cook Islands, Niuwe Island, Tokelau Islands and Ross Dependency) Turks and Caocos Islands Virgin Islands of the United States (St Croix, St Thomas , St John, etc.) Wallis and Futuna Islands Windward Islands (4)

Note : The above lists may be amended subsequently to take account of changes in the inter­ national status of countries or territories .

(L) Gilbert and Ellice Islands , British Solomon Islands, New Hebrides Condominium, and Pitcairn Islands . (2) Antigua, Montserrat, St Kitts-Nevis-Anguilla, British Virgin Islands. ( 8) The Pacific Islands administered by the United States of America include Guam, American Samoa (including Swain's Island), Midway Islands, Johnston and Sand Islands, Wake Island and the Trust Territory of the Pacific Islands (the Caroline, Marianas and Marshall Islands). (4) Dominica, Grenada , St Lucia , St Vincent.