31973R3577

28 . 12 . 73 Official Journal of the European Communities No L 359/35

REGULATION (EEC) No 3577/73 OF THE COUNCIL

of 28 December 1973

opening, allocating and providing for the administration of a Community tariff quota for certain textile products originating in Yugoslavia

THE COUNCIL OF THE EUROPEAN COMMUNITIES , whereas this possibility may be adopted inter alia with a view to remedying any unfavourable Having regard to the Treaty establishing the situations which might arise in the associated European Economic Community; countries following the implementation of the generalized preference scheme ; Having regard to the proposal from the Commission; Whereas, moreover, the Conference of Heads of State or of Government of the Member States and Whereas within the framework of UNCTAD the the States acceding to the European Communities European Economic Community offered to grant held in Paris from 19 to 21 October 1972 invited the tariff preferences on finished and semi-finished Community institutions and the Member States products originating in developing countries ; progressively to adopt an overall policy of whereas the preferential treatment proposed in that development cooperation on a world-wide scale offer covers, generally speaking, all finished and comprising in particular the improvement of semi-finished industrial products falling within generalized preferences with the aim of achieving a Chapters 25 to 99 of the Brussels Nomenclature and steady increase in imports of manufactures from the originating in developing countries ; developing countries ;

Whereas, however, in respect of cotton textile Whereas, in accordance with Protocol No 23 to the products covered by the Long-term Arrangement (*) Act of Accession (2), the generalized tariff preference regarding International Trade in Cotton Textiles, scheme will be applicable in the new Member States the offer made by the Community lays down that from 1 January 1974; the preferences, in the form of duty-free ceilings, will be granted to the countries benefiting from Whereas, for the various categories of textile generalized preferences which are signatories to the products in question, Council Regulation (EEC) No Long-term Arrangement or possibly to those 3502/73 (3) of 18 December 1973 opening, allocating countries benefiting from generalized preferences and providing for the administration of Community which undertake in respect of the Community tariff quotas for certain textile products originating commitments similar to those existing under that in developing countries and Council Regulation Arrangement and for its duration ; whereas, having (EEC) No 3503 /73 (4) of 18 December 1973 particular regard to the link which Article 6 of the establishing preferential tariffs in respect of certain Long-term Arrangement establishes between cotton textile products originating in developing countries, products and substitute products, it appears justified put into effect the abovementioned offer for 1974 in in these circumstances and by virtue of the fact that favour of those developing countries satisfying the a total suspension of customs duties is involved to conditions outlined above and listed ifl Annex B to include in the same scheme as that described above those Regulations ; whereas this measure has been those substitute textile products given in the taken on a transitional basis, the Commission conditional list of partial and limited reductions of counting on the countries thus concerned to take customs duties deposited with GATT by the measures ensuring that equivalent objectives are Community during the last series of tariff respected, at least throughout 1974; whereas negotiations ; Yugoslavia for its part has entered into commitments similar to those made under the Long­ Whereas the offer made by the Community includes term Arrangement; whereas Yugoslavia should, a clause stipulating that the Community drew up the therefore, also be granted the benefit of tariff offer on the assumption that all the main preferences for the textile products in question and industrialized countries which are members of the also for 1974 ; whereas , in order not to affect the OECD would participate in granting preferences and advantages which the present beneficiaries enjoy for would make similar efforts in this direction ; these products, separate ceilings at zero duty should whereas, moreover, it is evident from the be opened exclusively for products originating in conclusions worked out in UNCTAD that this offer , Yugoslavia; whereas each of these ceilings should while being of a temporary nature, does not under normal conditions be equal to the maximum constitute a binding commitment and, in particular, may be withdrawn wholly or in part at a later date ; (2 ) OJ No L 73 , 27. 3 . 1972, p. 14. (3) OJ No L 358 , 28 . 12. 1973 . (») OJ No L 225, 12 . 10. 1970, p. 29. ( 4 ) OJ No L 358, 28 . 12. 1973 .

No L 359 / 36 Official Journal of the European Communities 28 . 12 . 73

amount fixed by Regulations (EEC ) No 3502/73 and the Community nature of the quotas under (EEC) No 3503 /73 for corresponding products, with consideration, to provide at this stage for a utilization a lower limit of 10 °/o and an upper limit of 100 °/o of scheme based on a single allocation among the the quantities of the types of products in question Member States ; whereas such allocation could be exported from Yugoslavia to the Community in made according to the percentages set out in the 1968 ; table above ;

Whereas since the Kingdom of Belgium, the Whereas the Community should, therefore, for the Kingdom of the Netherlands and the Grand Duchy period to 31 December 1974 open Community of Luxembourg are united in and represented by the duty-free tariff quotas in respect of the products Benelux Economic Union for the allocation of the listed in the Annex to this Regulation up to the tariff quotas concerned, any measure concerning the amounts specified in metric tons for each of them ; administration of the shares allocated to that whereas the benefit of these tariff quotas should Economic Union may be carried out by one of its apply only to products originating in Yugoslavia, Members, and the concept of originating products should be determined in accordance with the procedure laid down in Article 14 of Council Regulation (EEC) No 802/68 (*) of 27 June 1968 on the common HAS ADOPTED THIS REGULATION : definition of the concept of origin of goods ;

Article 1 Whereas a utilization scheme of Community tariff quotas among the Member States would appear to 1 . From 1 January to 31 December 1974, the conform to the Community character of those Common Customs Tariff duties and the tariff duties quotas ; whereas the application of the generally of the new Member States on the products listed in accepted principles in respect of the allocation of the the Annex shall be totally suspended for Community Community tariff quotas which have been opened tariff quotas up to the volume in metric tons until now entails, under these circumstances and in indicated in column 3 of that Annex in respect of view of the variety of the products concerned, each of those products. calculations which are all the more problematic in that the statistical data required sometimes prove to Ireland is authorized to apply quota duties equal to be incomplete or not sufficiently accurate or the duties which it applies to imports of the same representative ; whereas the time required for these products from Member States other than the United calculations cannot be reconciled with the continuity Kingdom. necessary for the application of the tariff preferences concerned ; whereas, under these conditions, it 2. The tariff quotas referred to shall be granted would be advisable still at this stage to adopt a only to products originating in Yugoslavia. For the fixed scale for allocating the Community tariff purposes of this Regulation the concept of quotas concerned among the Member States ; originating products shall be determined in whereas, on the basis of general economic criteria accordance with the procedure laid down in Article i.e. foreign trade in the textile sector, the gross 14 of Regulation (EEC) No 802/68 . national product and population, the percentages for the initial shares of the Member States in the quota amounts are as follows for the quota year under Article 2 consideration :

The Community tariff quotas referred to in Article 1 27 Vo ( 1 ) shall be allocated among the Member States in Germany shares equal to the amounts indicated in column 4 Benelux 10 °/o of the Annex in respect of each type of product. France 19 °/o

Italy I40/0 Article 3 Denmark 7% Ireland 1 °/o 1 . The Member States shall ensure free access to the share which has been allocated to them for United Kingdom 22 «/0 importers of the products concerned who are established on their territory. Whereas, since the tariff quotas involved are relatively small it appears possible, without affecting 2. The extent to which the shares of Member

States have been actually filled shall be determined 0 ) OJ No L 148 , 28 . 6. 1968 , p. 1 . on the basis of imports of the products which have

28 . 12 . 73 Official Journal of the European Communities No L 359 /37

been entered for home use, and which are Article 5 accompanied by a certificate of origin in accordance with the rules referred to in Article 1 (2 ). Member States and the Commission shall cooperate 3 . Goods may qualify for a tariff quota only if closely to ensure that the preceding provisions are the certificate of origin referred to in paragraph 2 is observed . submitted before the date on which the levying of duties is reintroduced.

Article4¶

Member States shall inform the Commission at regular intervals of imports actually charged against This Regulation shall enter into force on 1 January their shares. 1974.

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

Done at Brussels , 28 December 1973 .

For the Council

The President

Ove GULDBERG

No L 359/38 Official Journal of the European Communities 28 . 12 . 73

ANNEX

List of products originating in Yugoslavia covered by Community duty-free tariff quotas as part of the generalized tariff preferences

CCT Quota volume Volume of shares allocated Order heading Description to Member States No (in metric No tons ) (in metric tons) (1) (2) (3 ) (4)

1 55.05 Cotton yarn, not put up for retail sale:

B. Other: II . Other : Measuring, per single yarn, per kilo : — 14 000 m or less 71 Germany 19-17 Benelux 7-10 France 13-49 Italy 9-94 Denmark 4-97 Ireland 0-71 United Kingdom 15-62

2 — More than 14 000 m but not 1282 Germany 346-14 more than 40 000 m Benelux 128-20 France 243-58 Italy 179-48 Denmark 89-74 Ireland 12-82 United Kingdom 282-04

3 — More than 40 000 m but not 440 Germany 118-80 more than 80 000 m Benelux 44-00 France 83-60 Italy 61-60 Denmark 30-80 Ireland 4-40 United Kingdom 96-80

4 — More than 80 000 m but not 65 Germany 17-55 more than 120 000 m Benelux 6-50 France 12-35 Italy 9-10 Denmark 4-55 Ireland 0-65 United Kingdom 14-30

5 55.09 Other woven fabrics of cotton :

A. Containing 85 % or more by weight of cotton : I. Of a width of less than 85 cm :

— Unbleached 38 Germany 10-26 ' Benelux 3-80 France 7-22 Italy 5-32 Denmark 2-66 Ireland 0-38 United Kingdom 8-36

28 . 12. 73 Official Journal of the European Communities No L 359/39

CCT Quota volume Volume of shares allocated Order heading Description to Member States No No (in metric tons ) (in metric tons) (D (2) (3 ) (4)

6 — Other 114 Germany 30-78 Benelux 11-40 France 21-66 Italy 15-96 Denmark 7-98 Ireland 1-14 United Kingdom 25-08

7 II . Other : — Unbleached, of a width : — Of 85 cm or more but not 1 150 Germany 310-50 more than 115 cm Benelux 115-00 France 218-50 Italy 161-00 Denmark 80-50 Ireland 11-50 United Kingdom 253-00

8 — More than 115 cm but not 697 Germany 188-19 more than 165 cm Benelux 69-70 France 132-43 Italy 97-58 Denmark 48-79 Ireland 6-97 United Kingdom 153-34

9 — More than 165 cm - 225 Germany 60-75 Benelux 22-50 France 42-75 Italy 31-50 Denmark 15-75 Ireland 2-25 United Kingdom 49-50

10 Other : — Printed 78 Germany 21-06 Benelux 7-80 France 14-82 Italy 10-92 Denmark 5-46 Ireland 0-78 United Kingdom 17-16

11 — Other 78 Germany 21-06 Benelux 7-80 France 14-82 Italy 10-92 Denmark 5-46 Ireland 0-78 United Kingdom 17-16

12 56.05 Yarn of man-made fibres (discontinuous or waste), not put up for retail sale : B. Of regenerated textile fibres 165 Germany 44-55 Benelux 16-50 France 31*35 Italy 23-10 Denmark 11-55 Ireland 0-65 United Kingdom 36*30

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CCT Quota volume Volume of shares allocated Order heading Description to Member States No (in metric No tons) ( in metric tons) 1 (2 ) 3 4

13 56.07 Woven fabrics of man-made fibres ( discontinuous or waste): B. Of regenerated textile fibres : — Printed 150 Germany 40-50 Benelux 15-00 France 28-50 Italy 21-00 Denmark 10-50 Ireland 1-50 United Kingdom 33-00

14 Other 150 Germany 40-50 Benelux 15-00 France 28-50 Italy 21-00 Denmark 10-50 Ireland 1-50 United Kingdom 33-00

15 ex 60.03 Stocking, under stockings, socks, ankle­ socks, sockettes and the like, knitted or crocheted, not elastic or rubberized : — Of cotton 22 Germany 5-94 Benelux 2-20 France 4-18 Italy 3-08 Denmark 1-54 Ireland 0-22 United Kingdom 4-84

16 60.04 Under garments, knitted or crocheted, not elastic or rubberized : A. Of cotton 108 Germany 29-16 Benelux 10-80 France 20-52 Italy 15-12 Denmark 7-56 Ireland 1-08 United Kingdom 23-76

17 61.01 Men 's and boys' outer garments : — Of cotton fabric 45 Germany 12-15 Benelux 4-50 France 8-55 Italy 6-30 Denmark 3-15 Ireland 0-45 United Kingdom 9-90

18 — Other 284 ' Germany 76-68 Benelux 28-40 France 53-96 Italy 39-76 Denmark 19-88 Ireland 2-84 United Kingdom 62-48

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CCT Quota Volume of shares allocated volume Order heading Description (in metric to Member States No No tons) ( in metric tons ) (D (2) (3 ) (4)

19 61.02 Woman's, girls' and infants' outer garments : — Of cotton fabric 60 Germany 16-20 Benelux 6·00 France 11-40 Italy 8-40 Denmark 4·20 Ireland 0-60 United Kingdom 13*20

20 — Other 114 Germany 30-78 Benelux 11-40 France 21-66 Italy 15-96 Denmark 7-98 Ireland 1-14 United Kingdom 25-08

21 61.03 Men's and boys' under garments, including collars, shirt fronts and cuffs : — Other than of cotton fabric 60 Germany 16-20 ÍBenelux 6-00 France 11-40 Italy 8-40 Denmark 4-20 Ireland 0-60 United Kingdom 13-20

22 62.02 Bed linen, table linen, toilet linen and kitchen linen ; curtains and other furnishing articles: — Of cotton fabric 50 Germany 13-50 Benelux 5-00 France 9-50 Italy 7-00 Denmark 3-50 Ireland 0-50 United Kingdom 11-00

23 — Other 6 Germany 1-62 Benelux 0-60 France 1-14 Italy 0-84 Denmark 0-42 Ireland 0-06 United Kingdom 1-32