31974R3045

9 . 12 . 74 Official Journal of the European Communities No L 329/ 1

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 3045/74 OF THE COUNCIL

of 2 December 1974

opening, allocating and providing for the administration of Community tariff quotas for certain cotton textile and like products originating in developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas, however, in respect of cotton textile products formerly covered by the long-term arrangement regard­ ing international trade in cotton textiles, the offer Having regard to the Treaty establishing the Euro­ made by the Community lays down that the prefer­ pean Economic Community ; ences in the form of duty-free ceilings normally calcu­ lated according to the formula set out in the preceding recital, will be granted to the countries enjoying Having regard to the proposal from the Commission ; generalized preferences which are signatories to the long-term arrangement or possibly to those countries which undertake vis-a-vis the Community commit­ ments similar to those existing under that arrange­ Whereas, within the context of UNCTAD, the Euro­ ment and for the duration of the said arrangement; pean Economic Community offered to grant tariff whereas the arrangement expired on 30 September preferences on finished and semi-finished products 1973 and was extended to 31 December 1973 ; coming from developing countries ; whereas the pre­ whereas, as in 1974 and on a transitional basis, it may ferential treatment proposed in that offer covers, be anticipated that the countries concerned thereby generally speaking, all finished and semi-finished will , for 1975 , adopt measures with equivalent aims, industrial products covered by Chapters 25 to 99 of pending application of the arrangement regarding the Brussels Nomenclature which originate in devel­ international trade in textiles ( 1 ); whereas it is appar­ oping countries ; whereas the preference consists in ent that only imports from these countries are to the granting of exemption from customs duties ; form the basis for calculating the abovementioned whereas preferential imports are effected up to the ceilings ; whereas, with particular regard to the link level of ceilings calculated by value in respect of each which Article 6 of the said long-term arrangement product on the basis of factors which are uniform establishes between cotton products and substitute for all the products ; whereas, in order that the products, it appears justified in these circumstances preferences granted to the most competitive devel­ and by virtue of the fact that a total suspension of oping country or countries should be restricted and customs duties is involved to include in the same that a substantial share should be reserved for the scheme as that described above those substitute textile least competitive, preferential imports from any one products given in the conditional list of partial and developing country in respect of a given product limited reductions of customs duties deposited with should not, as a general rule, exceed 50% of the GATT by the Community during the last series of ceiling fixed for that product; tariff negotiations ; whereas, moreover, in view of the special nature which trade in the products concerned may have, it appears expedient, wherever this is justified by the particular sensitivity of the product, Whereas, in the offer made by the Community, the to determine in terms of tonnages the ceilings for the annual ceilings should normally be calculated on the preferential imports of such products, taking due basis of total value for 1968 of cif imports from the account of deliveries effected during 1968 by the countries benefiting from this scheme, excluding those beneficiary countries alone ; whereas, moreover, already enjoying various preferential tariff arrange­ ments granted by the Community (basic amount) plus 5% of the value of cif imports from the other countries and from the countries already enjoying such arrangements ( additional amount); O OJ No L 118 , 30 . 9 . 1974, p. 1 .

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particularly in view of the high level of deliveries of will again prevail in 1975 , so that such improvement the textiles in question to the Community by the can be effected only by means of a flat-rate increase third countries concerned, it appears appropriate , of 5% in the ceilings fixed for 1974 ; except in particular instances, to restrict preferential imports from any single beneficiary country to 30 % of the ceiling laid down for each category of textile Whereas it is expedient, therefore, in respect of the products concerned ; products referred to in Annex A which originate in the countries listed in Annex B, that the Community should open, for 1975 , duty-free Community tariff Whereas the offer made by the Community includes quotas within the limits of the amounts in metric a clause stating that the Community drew up the tons given in respect of each of these products ; offer on . the assumption that all the main industrial­ ized countries which are members of the OECD would participate in granting preferences and would Whereas charges against each of these tariff quotas make similar efforts in this direction ; whereas , more­ must, in respect of the products originating in any over, it is evident from the conclusions worked out of the abovementioned countries, come within a in UNCTAD that this offer, while being of a tem­ specified percentage of the amount of the quota ; porary nature, does not constitute a binding commit­ whereas the benefit of such tariff quotas should be ment and, in particular, may be withdrawn wholly reserved for products originating in the countries or in part at a later date ; whereas this possibility may under consideration, the concept of 'originating prod­ be adopted inter alia with a view to remedying any ucts' being determined in accordance with the pro­ unfavourable situations which might arise in the cedure laid down in Article 14 of Council Regulation associated countries following the implementation of (EEC) No 802/68 (2) of 27 June 1968 on the common the generalized preference scheme ; definition of the concept of the origin of goods ;

Whereas, moreover, the conference of Heads of State Whereas it is necessary to ensure equal and con­ or of Government of the Member States and the tinuous access for all Community importers to the States acceding to the European Communities held abovementioned quotas and the uninterrupted appli­ in Paris from 19 to 21 October 1972 invited the cation of the rate laid down for those quotas to all Community institutions and the Member States pro­ imports of the products concerned into all Member gressively to adopt an overall policy of development States until those quotas are used up ; whereas, having cooperation on a world-wide scale comprising in regard to the principles defined above, the Commu­ particular the improvement of generalized preferences nity nature of the quotas can be respected by allo­ with the aim of achieving a steady increase in imports cating the Community tariff quota among Member of manufactures from the developing countries ; States ; whereas , moreover, to this end and in the context of the utilization system, the actual charges against the quotas may relate only to goods which are entered for home use and which are accompanied Whereas tariff preferences have been applied from by a certificate of origin ; the second half of 1971 under the conditions set out above and whereas these preferences should continue to be applied thoughout 1975 ; Whereas the application of the generally accepted principles in respect of the allocation of the Com­ munity tariff quotas Which have been opened until Whereas, in accordance with Protocol 23 to the Act now entails, under these circumstances and in view of Accession ( 1 ), the generalized tariff preferences of the variety of the products concerned and in view scheme will be fully applicable in the new Member of the fact that the benefiting countries are specified, States from 1 January 1974; calculations which are all the more problematic in that the statistical data required sometimes prove to be incomplete or not sufficiently accurate or repre­ Whereas in respect of textile products, the complexity sentative; Whereas the time required for these cal­ of the measures to be implemented, combined with culations cannot be reconciled with the continuity the abovementioned aim of improving the generalized necessary for the application of the tariff preferences preferences, could in 1974 be overcome only by concerned ; whereas, under these conditions, it would means of a flat-rate increase of some 50% in the be advisable still at this stage to adopt a fixed scale ceilings fixed for 1973 ; whereas the same situation for allocating the Community tariff quotas concerned

(*) OJ No L 73 , 27. 3 . 1972 , p. 14. (2) OJ No L 148 , 28 . 6. 1968 , p. 1 .

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among the Member States ; whereas, using as a basis HAS ADOPTED THIS REGULATION : general economic criteria relating to external trade, in textiles , the gross national product and population, Article 1 the percentages for the initial shares of the Member States in the quota amounts are as follows for the quota year under consideration : 1 . From 1 January to 31 December 1975 the Common Customs Tariff duties and the tariff duties of the new Member States on the products listed 27% in Annex A shall be completely suspended within Germany the framework of Community tariff quotas of vol­ Benelux 10% umes which shall be expressed in metric tons and which shall be indicated against each product in France 19% column 3 of that Annex .

Italy 14% Ireland is authorized to apply customs duties equal Denmark 7% to the duties it applied in respect of the same pro­ ducts vis-a-vis Member States other than the United Ireland 1 % Kingdom .

United Kingdom 22% 2 . These tariff quotas shall be enjoyed solely by products originating in the countries listed in Annex B. However, those imports which already enjoy Whereas, without affecting the Community nature exemption from customs duties under other prefer­ of the tariff quotas under consideration , it appears ential tariff arrangements granted by the Community possible to provide at this stage for a utilization may not be charged against these tariff quotas . For scheme based on a single allocation among the the purposes of this Regulation, the concept of ori­ Member States ; whereas, moreover, the allocation ginating products shall be determined in accordance set out by this Regulation in no way prejudices the with the procedure laid down in Article 14 of Regu­ possibility of adopting the general method of allo­ lation ( EEC ) No 802 / 68 . cation of Community quotas comprising the setting up of a reserve share ; whereas implementation of this principle in this particularly sensitive sector can, 3 . The amount to be charged in respect of each however, take place only progressively, yet must country referred to in paragraph 2 against each of remain attuned to the methods of administration the tariff quota amounts mentioned above shall be laid down in the general framework of the generalized limited to the maximum amount given as a percen­ tariff preference scheme ; whereas at the present junc­ tage and in metric tons in column 4 of Annex A ture it appears feasible that such allocation could as against each category of products . a rule be made according to the percentages set out in the table above ; whereas , however, one of the new Member States , the Kingdom of Denmark, has 4 . Any amendment to Annex B , in particular by for a number of years been importing relatively the addition of new countries enjoying tariff pre­ large quantities of certain cotton yarns and woven ferences , may entail a corresponding adjustment to fabrics falling within heading Nos ex 55.05 and the volumes of the quotas and to the maximum ex 55.09 of the Common Customs Tariff from a amounts appearing in columns 3 and 4 of Annex A. number of developing countries and has therefore ceased to produce the articles in question ; whereas this special situation should temporarily be taken Article 2 into account and this Member State should be granted an increased share without restricting the 1 . The Community tariff quotas referred to in Ar­ access thereto of countries benefiting from ticle 1 shall be allocated in shares which shall be, generalized preferences ; for each Member State, the amounts corresponding to quantities shown in column 5 of Annex A against each category of products .

Whereas since the Kingdom ot Belgium , the King­ dom of the Netherlands and the Grand Duchy of 2 . The shares allocated to Denmark for certain pro­ Luxembourg are united in and represented by the ducts falling within heading Nos ex 55.05 and ex Benelux Economic Union, all transactions concern-, 55.09 shall be increased by an amount determined in a footnote to Annex A. ing the administration of the shares allocated to the Benelux Economic Union may be carried out by any one of its members , Article 1 (3 ) shall not apply to such an increase.

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Article 3 Community tariff quotas reach me maximum amount laid down in column 4 of Annex A, the 1 . The Member States shall ensure free access to Commission shall immediately notify the Member the shares which have been allocated to them for States of the date on which, as a result of this importers of the said goods established in their factor, the normal tariff is to be re-introduced in territory . respect of the country in question. This notification shall be published in the Official Journal of the European Communities . 2. The extent to which a Member State used up its share shall be determined on the basis of the imports of the said goods which have been entered Article 5 for home use, and which are accompanied by a cer­ tificate of origin in accordance with the rules referred to in Article 1 ( 2). Member States shall inform the Commission at regu­ lar intervals of imports of the products in question actually charged against their share. 3 . Goods shall qualify for a tariff quota only if the certificate of origin referred to in paragraph 2 is submitted before the date on which the levying Article 6 of duties is re-introduced .

Member States and the Commission shall cooperate Article 4 closely to ensure that the above Articles are observed.

The Commission shall take all necessary measures Article 7 to ensure that the maximum amount referred to in Article 1 ( 3 ) is observed . When the charges, at Com­ munity level, of products originating in each of the This Regulation shall enter into force on countries listed in Annex B, against any one of the 1 January 1975 .

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

Done at Brussels , 2 December 1974 .

For the Council

The President

J. SAUVAGNARGUES

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ANNEX A

List of products subject to zero-duty Community tariff quotas under the generalized tariff prefe­ rences granted to developing countries

Maximum amount CCT Quota per country amount in <4 Volume of shares allocated to Order heading Description Member States in metric tons No metric No tons metric % tons ( 1) 2 ( 3 ) 5 )

55.05 Cotton yarn, not put up for retail sale :

B. Other : II . Not specified : Single, measuring per kg : 1 — 14 000 m or less 1 189 30 357 Germany 321-03 Benelux 118-90 France 225-91 Italy 166-46 Denmark 83-23 Ireland 11-89 United Kingdom 261-58 2 More than 14 000 m and up to 40 000 m 4 488 30 1 346 Germany 1 211-76 Benelux 448-80 France 852-72 Italy 628-32 Denmark (x) 314-16 Ireland 44-88 United Kingdom 987-36 3 More than 40 000 m and up to 80 000 m 1 544 30 463 Germany 416-88 Benelux 154-40 France 293-36 Italy 216-16 Denmark (2) 108-08 Ireland 15-44 United Kingdom 339-68

4 More than 80 000 m and up to 120 000 m 221 30 66 Germany 59-67 Benelux 22-10 France 41-99 Italy 30-94 Denmark 15-47 Ireland 2-21 United Kingdom 48-62

55.09 Other woven fabrics of cotton : A. Containing 85% or more by weight of cotton : ex I. Of a width of less than 85 cm : 5 — Unbleached 804 30 241 Germany 217-08 Benelux 80-40 France 152-76 Italy 112-56 Denmark 56-28 Ireland 8-04 United Kingdom 176-88

l1) Pursuant to Article 2 (2), this share is increased by 1 100-82 metric tons . (2) Pursuant to Article 2 (2), this share is increased by 597-01 metric tons .

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Maximum amount CCT Quota per country amount in Volume of shares allocated to Order heading Description 4) metric Member States in metric tons No No tons metric % tons d ) (2) (3 ) (5)

55.09 II . Other : (cont'd) — Unbleached , of a width of : 6 — 85 cm to 115 cm 4 017 30 1 205 Germany 1 084-59 Benelux 401-70 France 763-23 Italy 562-38 Denmark 281-19 Ireland 40-17 United Kingdom 883-74

7 — More than 115 cm and up to 165 cm 2 442 30 733 Germany 659-34 Benelux 244-20 France 463-98 Italy 341-88 Denmark (x) 170-94 Ireland 24-42 United Kingdom 537-24

8 — More than 165 cm 788 30 236 Germany 212-76 Benelux 78-80 France 149-72 Italy 110-32 Denmark 55-16 Ireland 7-88 United Kingdom 173-36

9 — Not specified 332 30 100 Germany 89-64 Benelux 33-20 France 63-08 Italy 46-48 Denmark (2) 23-24 Ireland 3-32 United Kingdom 73-04

ex 60.03 Stockings , under stockings , socks ankle­ socks , sockettes and the like, knitted or crocheted, not elastic or rubberized : 10 — Of cotton 174 30 52 Germany 46-98 Benelux 17-40 France 33-06 Italy 24-36 Denmark 12-18 Ireland 1-74 United Kingdom 38-28

61.01 Men's and boys' outer garments : 11 — In woven fabrics of cotton 210 30 63 Germany 56-70 Benelux 21-00 France 39-90 Italy 29-40 Denmark 14-70 Ireland 2-10 United Kingdom 46-20

(*) Pursuant to Article 2 (2), this share is increased by 787'1B metric tons . ( a) Pursuant to Article 2 (2), this share is increased by 1 177-88 metric tons .

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Maximum amount CCT Quota per ountry amount in 4) Volume of shares allocated to Order heading} Description Member States in metric tons No metric No tons metric % tons (D (2) (3 ) (3)

12 61.01 — Others 210 30 63 Germany 56·70 (cont'd) Benelux 21*00 France 39-90 Italy 29-40 Denmark 14-70 Ireland 2-10 United Kingdom 46-20

61.02 Women's , girls' and infants' outer gar­ ments : 13 — In woven fabrics of cotton 210 30 63 Germany 56-70 Benelux 21-00 France 39-90 Italy 29-40 Denmark 14-70 Ireland 2-10 United Kingdom 46-20

14 — Others 210 30 63 Germany 56-70 Benelux 21-00 France 39-90 Italy 29-40 Denmark 14-70 Ireland 2-10 United Kingdom 46-20

61.03 Men's and boys ' under garments , inclu­ ding collars , shirt fronts and cuffs : 15 — In woven fabrics other than cotton 210 30 63 Germany 56-70 Benelux 21-00 France 39-90 Italy 29-40 Denmark 14-70 Ireland 2-10 United Kingdom 46-20

62.02 Bed linen , table linen , toilet linen and kitchen linen , curtains and other fur­ nishing articles : 16 — In woven fabrics of cotton 174 30 52 Germany 46-9 8 Benelux 17-40 France 33-06 Italy 24-36 Denmark 12-18 Ireland 1-74 United Kingdom 38-28

17 — Other 92 30 28 Germany 24-84 Benelux 9-20 France 17-48 Italy 12-88 Denmark 6-44 Ireland 0-92 United Kingdom 20-24

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ANNEX B

List of developing countries benefiting under generalized tariff preferences from certain textile products

Afghanistan Argentina Bangladesh Colombia Egypt , Arab Republic of El Salvador India Indonesia

Jamaica Korea (South) Malaysia

Mexico Pakistan Philippines Sri Lanka Thailand

Vietnam , Republic of