31974R0166

No L 20/4 Official Journal of the European Communities 24 . 1 . 74

REGULATION (EEC) No 166/74 OF THE COUNCIL of 21 January 1974 opening , allocating and providing for the administration of a Community tariff quota for unmanufactured tobacco of the type 'flue-cured Virginia' originating in developing countries

THE COUNCIL OF THE EUROPEAN Whereas the offer made by the Community includes a COMMUNITIES, clause stating that the Community drew up the offer on the assumption that all the main industrialized Having regard to the Treaty establishing the European countries which are members of the OECD would Economic Community ; participate in granting preferences and would make similar efforts in this direction ; whereas, moreover, it Having regard to the proposal from the Commission ; is evident from the conclusions worked out in UNCTAD that this offer, while being of a temporary Having regard to the Opinion of the European Parlia­ nature, does not constitute a binding commitment ment ; and, in particular, may be withdrawn wholly or in part at a later date ; whereas this possibility may be Whereas in the Joint Declaration of Intent ( !) on the adopted, inter alia, with a view to remedying any development of trade relations with Sri Lanka, India, unfavourable situations which might arise in the Malaysia, Pakistan and Singapore, the Community associated countries following the implementation of declared its readiness to seek solutions to the the generalized preference scheme ; problems which may arise in the field of trade with the countries referred to ; Whereas tariff preferences have been applied as from the second half of 1971 and whereas these preferences Whereas in respect of several Asian countries of the should continue to be applied throughout 1974 ; Commonwealth and particularly as regards India, the type of unmanufactured tobacco concerned is an important export product and the flow of trade in Whereas it is expedient, therefore, that the Commu­ such products is likely to be changed as a result of the nity should open for 1974, for raw or unmanufactured enlargement of the Community ; whereas the system tobacco of the 'flue-cured Virginia' type, originating in of generalized tariff preferences may constitute a solu­ the countries and territories listed in the Annex, a tion to the problems of this nature and whereas this Community tariff quota limited to 30 million units of type of unmanufactured tobacco should be included account, at a customs duty rate of 11-5 % with a for a transitional period of one year in the system of minimum charge of 14 units of account and a generalized preferences ; maximum charge of 16-5 units of account per 100 kilogrammes net weight ; whereas, moreover, the provi­ Whereas, within the context of UNCTAD, the Euro­ sions of Protocol No 1 0 of the Agreement establishing pean Economic Community offered to grant tariff an association between the EEC and Greece should be preferences on certain processed agricultural products respected ; of Chapters 1 to 24 of the Common Customs Tariff which originate in developing countries ; whereas the Whereas, in accordance with Protocol No 23 to the preferential treatment proposed in that offer consists, Act of Accession (2), the generalized tariff preference in respect of certain goods which are subject to the scheme will be fully applicable in the new Member trade arrangements laid down in Regulation (EEC) No States from 1 January 1974 ; 1059/69, of a reduction in the fixed component of the charge applicable to such goods by virtue of that Regu­ lation, and, in respect of products which are subject to Whereas, for the product concerned, this scheme the single customs duty, of a reduction in such duty ; would , however, involve the application in the new whereas preferential imports of the products Member States in 1974 of customs duties higher than concerned could be effected without quantitative or very close to those which will be applied by the restrictions ; whereas it appears appropriate, however, new Member States to non-member countries in in view of the sensitiveness of the tobacco sector general on the basis of the provisions of the above­ generally and of the need to safeguard the interests of mentioned Act ; whereas this situation would comply the associated countries in this field, to lay down for neither with the spirit nor with the very nature of the raw or unmanufactured tobacco of the ' flue-cured generalized preference scheme ; whereas, in order to Virginia' type special conditions consisting in a reduc­ maintain an equivalent preferential margin for these tion of the customs duty applicable to that product products also, reduced customs duties should be within the limits of a Community tariff quota ; applied to them, in accordance with detailed rules

(•) OJ No L 73, 27. 3 . 1972, p. 195. (2) OJ No L 73 , 27. 3 . 1972, p. 178 .

24. 1 . 74 Official Journal of the European Communities No L 20 / 5

based on the principle of maintaining, in the new Whereas the percentage for the shares of the Member Member States, a preference proportional to that States in the Community tariff quota, in view of its which exists between the duties of the Common duration and its amount, does not appear in this Customs Tariff and the duties given in Article 1 of instance to compromise the equal access for Commu­ this Regulation ; whereas, with a view to granting the nity importers to Community tariff quotas ; whereas beneficiary developing countries the best possible for this same reason it would appear expedient to treatment, in accordance with the objectives of the allow each Member State to choose the system for preference scheme, the duties given in the abovemen­ administering its share ; tioned Article 1 should also be applied wherever the Whereas , moreover, in order to take account of the duties calculated according to the abovementioned detailed rules prove to be higher than them ; provisions of the Association Agreement with Greece, it is necessary that the Community should be in a Whereas the benefit of this tariff quota should be position to resume levying of the normal duties as reserved for products originating in the countries and soon as a total quantity of 22 000 metric tons of the territories under consideration ; whereas , to this end , abovespecified product has been charged against the the provisions concerning the definition of the said quota ; concept of 'originating products' should be applied in Whereas since the Kingdom of Belgium, the respect of the implementation of the tariff preferences Kingdom of the Netherlands and the Grand Duchy of granted by the Community to the products from the developing countries, for the period from 1 January to Luxembourg are united in and represented by the 31 December 1974 ; Benelux Economic Union , all transactions concerning the administration of the share allocated to the Bene­ Whereas it is necessary to ensure equal and contin­ lux Economic Union may be carried out by any one uous access for all Community importers to the above­ of its Members, mentioned quota and the uninterrupted application of the rate laid down for this quota to all imports of the products concerned into all Member States until this HAS ADOPTED THIS REGULATION : quota is used up ; whereas, having regard to the princi­ ples set out above, the Community nature of the Article 1 quota can be respected by allocating the Community tariff quota among Member States ; whereas, moreover, 1 . From 1 January to 31 December 1974 a Commu­ to this end and in the context of the utilization nity tariff quota of 30 million units of account shall system , the actual charges against the quota may relate be opened in the Community for the imports of raw only to products which have been entered for home or unmanufactured tobacco of the 'flue-cured Virginia' use and which are accompanied by a certificate of type falling under subheading 24.01 B of the origin ; Common Customs Tariff. Within this tariff quota the customs duty shall be suspended at 11-5% with a Whereas , on the basis of the available statistical data minimum charge of 14 units of account and a which cover only a relatively brief period and whereas maximum charge of 16-5 units of account per 100 they should be weighted on the basis of the estimates kilogrammes net weight . which may be made in respect of the quota year, the percentages for the shares in the quota amount may Entry to this tariff quota shall be subject to the produc­ be set out as follows : tion of a certificate of authenticity appearing in the certificate of origin and made out in such a manner as Germany 7 % shall be determined by the Commission . Benelux 5-6 % France 2-8 % If, however, during the period running from 1 January Italy 0-2 % to 31 October 1974, the total quantity expressed in Denmark 2-6 % metric tons charged against the Community tariff Ireland 1-8 % quota mentioned in the first subparagraph should United Kingdom 80 % reach 22 000 metric tons the aforesaid suspension of duty shall cease . Whereas, without affecting the Community nature of the tariff quota under consideration , it appears On importation into Denmark, Ireland and the possible to provide temporarily for a utilization United Kingdom, there shall be applied the customs scheme based on a single allocation among the duties determined by multiplying, by a coefficient Member States ; whereas, moreover, the allocation set equal to the margin of preferences existing between out by this Regulation in no way prejudices the possi­ the duty given in the first subparagraph and the bility of adopting the general method of allocation of Common Customs Tariff duties applicable , the duties Community tariff quotas comprising the setting up of obtained by reducing by 40 % the difference between a reserve share ; whereas at this transitional stage it the lowest duty applied on 1 January 1972 to the deve­ appears feasible that such allocation could be made loping countries set out in the Annex and the according to the percentages set out above ; Common Customs Tariff .

No L 20 / 6 Official Journal of the European Communities 24 . 1 . 74

However, the duties given in the first subparagraph entered for home use , on the basis of the customs shall be applied where the duties resulting from the value of the said goods, and which are accompanied abovementioned calculation are higher than them. by a certificate of origin in accordance with the rules referred to in Article 1 (2). For the purposes of 2. These tariff quotas shall apply solely to products applying Article 1 ( 1 ), subparagraph 3, the extent to originating in the countries and territories listed in which the shares have been filled shall also be deter­ the Annex. However, those imports which enjoy mined in tonnage. exemption from customs duties under other preferen­ tial tariff arrangements granted by the Community 3 . Goods may qualify for a tariff quota only if the may not be charged against these tariff quotas . certificate of origin referred to in paragraph 2 is submitted before the date on which the levying of For the purposes of implementing this Regulation the duties is reintroduced . concept of originating products shall be that laid down by the provisions of Commission Regulation Article 4 (EEC) No 3614/73 (') of 20 December 1973 applicable to the products benefiting from tariff preferences Member States shall inform the Commission at granted by the Community to the developing coun­ monthly intervals of imports of the said goods actually tries for the period from 1 January to 31 December charged against their shares. This information shall 1974 . show both the value expressed in units of account and the quantity expressed in metric tons. Article 2 Once a quantity of 22 000 metric tons is reached at The Community tariff quota mentioned in Article 1 Community level for the specified goods, originating shall be allocated in shares which , for each Member in the countries and territories listed in the Annex, State , shall be of the amount indicated below. and has been charged against the Community tariff 2 100 000 units of account quota in the manner laid down in Article 1 ( 1 ), sub­ Germany Benelux 1 680 000 units of account paragraph 3 and in Article 2 (2), the Commission shall France 840 000 units of account without delay notify the Member States of the date on 60 000 units of account which , as a result of this fact, the levying of the Italy normal tariff duties is to be reintroduced . Such notifi­ Denmark 780 000 units of account Ireland 540 000 units of account cation shall be published in the Official Journal of 24 000 000 units of account. the European Communities. United Kingdom

Article 3 Article 3 1 . The Member States shall ensure free access to Member States and the Commission shall cooperate closely to ensure that the above Articles are observed. the share which has been allocated to them for impor­ ters of the products concerned who are established on their territory . Article 6

2 . The extent to which the shares of Member States This Regulation shall enter into force on the day of its have been actually filled shall be determined on the publication in the Official Journal of the European Communities. basis of imports of the said goods which have been

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

Done at Brussels, 21 January 1974 .

For the Council

The President

J. ERTL

(!) OJ No L 358 , 28 . 12. 1973 .

24 . 1 . 74 Official Journal of the European Communities No L 20/7

ANNEX

List of developing countries and territorities enjoying generalized tariff preferences

INDEPENDENT COUNTRIES

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

No L 20/ 8 Official Journal of the European Communities 24 . 1 . 74

Countries and territories dependent or administered, or for whose external relations Member States of the Commu­ nity 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 (') 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 international status of countries or territories .

(') Gilbert and Ellice Islands, British Solomon Islands, New Hebrides Condominium , and Pitcairn Islands. (: ) Antigua, Montserrat, St Kitts-Nevis-Anguilla, British Virgin Islands. (J) 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 .