31973R3578

No L 359 / 42 Official Journal of the European Communities 28 . 12 . 73

REGULATION (EEC) No 3578/73 OF THE COUNCIL

of 28 December 1973 opening tariff preferences 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 Whereas within the context of UNCTAD the State or of Government of the Member States and European Economic Community offered to grant the States acceding to the European Communities held in Paris from 19 to 21 October 1972 invited the tariff preferences on finished and semi-finished products originating in developing countries ; Community institutions and the Member States whereas the preferential treatment proposed in that progressively to adopt an overall policy of offer covers, generally speaking, all finished and development cooperation on a world-wide scale semi-finished products falling within Chapters 25 to comprising in particular the improvement of generalized preferences with the aim of achieving a 99 of the Brussels Nomenclature and originating in developing countries ; steady increase in imports of manufactures from the developing countries ;

Whereas, however, in respect of cotton textile products covered by the Long-term Arrangement 0 ) Whereas, in accordance with Protocol No 23 to the regarding International Trade in Cotton Textiles the Act of Accession (2), the generalized tariff preference offer made by the Community lays down that the scheme will be applicable in the new Member States preferences, in the form of duty-free ceilings, will be from 1 January 1974 ; granted to the countries benefiting from generalized preferences which are signatories to the Long-term Arrangement or possibly to those countries Whereas for the various categories of textile benefiting from generalized preferences which products in question Council Regulation (EEC) No undertake in respect of the Community 3502/73 (3) of 18 December 1973 opening, allocating commitments similar to those existing under that and providing for the administration of Community Arrangement and for its duration ; whereas, having tariff quotas for certain textile products originating particular regard to the link which Article 6 of the in developing countries and Council Regulation Long-term Arrangement establishes between cotton (EEC) No 3503 /73 (4 ) of 18 December 1973 opening products and substitute products, it appears justified tariff preferences in respect of certain textile in these circumstances and by virtue of the fact that products originating in developing countries put into a total suspension of customs duties is involved to effect the abovementioned offer for 1974 in favour include in the same scheme as that described above of those developing countries satisfying the those substitute textile products given in the conditions outlined above and listed in Annex B to conditional list of partial and limited reductions of those Regulations ; whereas this measure has been customs duties deposited with GATT by the taken on a transitional basis , the Commission Community during the last series of tariff counting on the countries thus concerned to take negotiations ; measures ensuring that equivalent objectives were respected, at least throughout 1974; whereas Yugoslavia for its part has entered into commitments Whereas the offer made by the Community includes similar to those made under the Long-term a clause stipulating that the Community drew up the Arrangement; whereas Yugoslavia should, therefore, offer on the assumption that all the main also be granted the benefit of tariff preferences for industrialized countries which are members of the the abovementioned textile products and also for OECD would participate in granting preferences and 1974 ; whereas, in order not to affect the advantages would make similar efforts in this direction ; which the present beneficiaries enjoy for these whereas, moreover, it is evident from the products, separate ceilings at zero duty should be conclusions worked out in UNCTAD that this offer, opened exclusively for products originating in while being of a temporary nature, does not 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 .

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Yugoslavia ; whereas each of these ceilings should duties and the tariff duties of the new Member under normal conditions be equal to the maximum States on the products listed in the Annex shall be amount fixed by Regulations ( EEC ) No 3502/73 and totally suspended for Community ceilings up to the (EEC) No 3503 / 73 for corresponding products, with volume in metric tons indicated in column 3 of the a lower limit of 10°/o and an upper limit of 100 "°/o Annex in respect of each of those products . of the quantities of the types of products in question exported from Yugoslavia to the Community in 1968 ; whereas these ceilings must be adjusted in order to Ireland is authorized to apply quota duties equal to take account of certain special cases where there are the duties which it applies to imports of the same no deliveries from Yugoslavia ; whereas these ceilings products from Member States other than the United must be adjusted, however, to take account inter alia Kingdom . of certain particular cases where there are no deliveries from Yugoslavia ; 2. The benefit of the suspension referred to in paragraph 1 is granted only for products originating Whereas, therefore, in respect of each of the types of in Yugoslavia. For the purposes of this Regulation products listed in the Annex to this Regulation, the the concept of originating products shall be Community should until 31 December 1974 allow determined in accordance with the procedure laid duty-free imports up to the Community ceilings down in Article 14 of Regulation (EEC) No 802/68 . indicated opposite each of those classes ; whereas the benefit of these tariff quotas should apply only to products originating in Yugoslavia, and the concept of originating products should be determined in Article 2 accordance with the procedure laid down in Article 14 of Council Regulation ( EEC ) No 802/ 68 ( 1 ) of 27 June 1968 on the common definition of the As soon as the ceilings indicated in column 3 of he concept of the origin of goods ; Annex have been reached at Community level , the normal duties may be reintroduced at any time on imports of products originating in Yugoslavia, until Whereas , in the event, these objectives may be the end of the period specified in Article 1(1 ). attained by a method of administration based on the charging at Community level of imports of the products in question against the abovementioned ceilings as and when the products are entered for home use and are accompanied by a certificate of origin ; whereas this form of administration should Article 3 make it possible to reintroduce duties as soon as the ceilings have been reached at Community level ; 1 . Imports of the products in question shall be actually charged against the Community ceilings as Whereas this form of administration requires close and when the products are entered for home use and particularly rapid collaboration between the and are accompanied by a certificate of origin Member States and the Commission , and the pursuant to the rules laid down in Article 1 (2 ). Commission must in particular be able to follow the extent to which charges are made in respect of the 2. Goods may be charged against a ceiling only if ceilings and inform the Member States thereof ; the certificate of origin referred to in paragraph 1 is whereas this collaboration must be sufficiently close submitted before the date on which the levying of for the Commission to be able to take adequate duties is reintroduced . measures to reintroduce the normal duties,

3 . The extent to which the ceilings have actually been filled shall be determined at Community level on the basis of imports charged in accordance with paragraphs 1 and 2. HAS ADOPTED THIS REGULATION :

Article 1 Article 4 1 . From 1 January to 31 December 1974, subject to Articles 2 and 4 ( 2 ), the Common Customs Tariff 1 . The Commission, in close collaboration with the Member States , shall take all necessary measures (») OJ No L 148, 28 . 6 . 1968 , p. 1 . to ensure that the above provisions are applied.

No L 359 /44 Official Journal of the European Communities 28 . 12 . 73

2. The Commission shall, by means of a against the Community ceilings provided for in Regulation, reintroduce the levying of normal duties Article 1 ( 1 ). in respect of Yugoslavia, in accordance with Article 2 .

Article5¶

The Member States shall regularly inform the This Regulation shall enter into force on 1 January Commission of imports which are actually charged 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

28 . 12 . 73 Official Journal of the European Communities No L 359 /45

ANNEX

List of the products originating in Yugoslavia which are covered by generalized tariff preferences for certain textile products

Community CCT ceiling Order No heading No Description ( in metric tons) 1 (2) (3)

1 54.05 Woven fabrics of flax or yarn 36

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 15 3 B. Other : 12 I. Measuring, per single yarn , 120 000 m or more per kg

4 55.06 Cotton yarn, put up for retail sale 3-5

5 55.07 Cotton gauze 4-5

6 55.08 12 Terry towelling and similar terry fabrics, of cotton

7 55.09 Other woven fabrics of cotton : B. Other 90

8 58.04 Woven pile fabrics and chenille fabrics ( other than terry towelling or similar terry fabrics of cotton falling within heading No 55.08 and 80 fabrics falling within heading No 58.05 )

9 58.10 28 Embroidery, in the piece, in strips or in motifs

10 60.01 15 Knitted or crocheted fabric, not elastic or rubberized : B. Of man-made fibres C. Of other textile materials

11 ex 60.02 Gloves, mittens and mitts, knitted or crocheted, not elastic or rubberized, of cotton 15

12 60.05 Outer garments and other articles, knitted or crocheted, not elastic or 45 rubberized A. Outer garments and clothing accessories : ex II. Other, of cotton ex B. Other, of cotton

60.06 Knitted or crocheted fabric and articles thereof, elastic or rubberized (including elastic knee-caps and elastic stockings): A. Fabric : 13 — In cotton fabric 4-5 14 — Other 4-5

61.03 Men's and boys' under garments, including collars, shirt fronts and cuffs : 15 — In cotton fabric — Other 83

No L 359 /46 Official Journal of the European Communities 28 . 12 . 73

Community CCT Description ceiling Order No heading No ( in metric tons) 1 2 3

16 ex 61.04 Women's, girls' and infants' under garments, of cotton 51

17 61.05 Handkerchiefs 28

18 62.01 Travelling rugs and blankets : B. Other : I. Of Cotton 15

19 62.03 Sacks and bags, of a kind used for the packing of goods : 81 B. Of other textile materials : I. Used : ex ( b ) Other: — In cotton fabric ex II . Other : — In cotton fabric

20 62.04 Tarpaulins, sails, awnings, sunblinds, tents and camping goods 90