31974R3046

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

REGULATION (EEC) No 3046/74 OF THE COUNCIL of 2 December 1974 opening preferential tariffs for certain cotton textile and like products originating in developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES , those countries which undertake vis-a-vis the Com­ munity commitments similar to those existing under that arrangement and for the duration of the said Having regard to the Treaty establishing the Euro­ arrangement ; whereas the arrangement expired on pean Economic Community ; 30 September 1973 and was extended to 31 December 1973 ; whereas , as in 1974 and on a transitional basis , it may be anticipated that the Having regard to the proposal from the Commission ; countries concerned thereby will , for 1975, adopt measures with equivalent aims, pending application Whereas , within the context of UNCTAD, the Euro­ of the arrangement regarding international trade in pean Economic Community offered to grant tariff textiles (*); whereas it is apparent that only imports from these countries are to form the basis for cal­ preferences on finished and semi-finished products coming from developing countries ; whereas the pre­ culating the abovementioned ceilings ; whereas, with particular regard to the link which Article 6 of the ferential treatment proposed in that offer covers, generally speaking, all finished and semi-finished in­ said long-term arrangement establishes between dustrial products covered by Chapters 25 to 99 of cotton products and substitute products, it appears the Brussels Nomenclature which originate in devel­ justified in these circumstances and by virtue of the oping countries ; whereas the preference consists in fact that a total suspension of customs duties is involved to include in the same scheme as that the granting of exemption from customs duties ; whereas preferential imports are effected up to the described above those substitute textile products given in the conditional list of partial and limited level of ceilings calculated by value in respect of reductions of customs duties deposited with GATT each product on the basis of factors which are uniform for all the products ; whereas, in order that by the Community during the last series of tariff the preferences granted to the most competitive negotiations ; whereas, moreover, in view of the developing country or countries should be restricted special nature which trade in the products concerned and that a substantial share should be reserved for may have, it appears expedient to calculate in terms the least competitive, preferential imports from any of tonnages the ceilings for preferential imports of one developing country in respect of a given product such products ; should not, as a general rule, exceed 50% of the ceiling fixed for that product; Whereas the offer made by the Community includes a clause stating that the Community drew up the offer on the assumption that all the main industrial­ Whereas, in the offer made by the Community, the ized countries which are members of the OECD annual ceilings should normally be calculated on the basis of the total value for 1968 of cif imports from would participate in granting preferences and would make similar efforts in this direction ; whereas , more­ the countries benefiting from this scheme, excluding those already enjoying various preferential tariff over, it is evident from the conclusions worked out in UNCTAD that this offer, while being of a tem­ arrangements granted by the Community (basic amount) plus 5% of the value of cif imports from porary nature, does not constitute a binding commit­ the other countries and from countries already ment and, in particular, may be withdrawn wholly enjoying such arrangements ( additional amount); or in part at a later date ; whereas this possibility may be adopted inter alia with a view to remedying any unfavourable situations which might arise in Whereas, however, in respect of cotton textile products the associated countries following the implemen­ formerly covered by the long-term arrangement regar­ tation of the generalized preference scheme ; ding international trade in cotton textiles, the offer made by the Community lays down that the pref­ Whereas , moreover, the conference of Heads of erences, in the form of duty-free ceilings ordinarily State or of Government of the Member States and calculated according to the formula set out in the preceding recital, will be granted to the countries enjoying generalized preferences which are signato­ ries to the long-term arrangement or possibly to (!) OJ No L 118 , 30. 4. 1974, p. 1 .

No L 329/ 10 Official Journal of the European Communities 9 . 12 . 74

the States acceding to the European Communities tration based on the charging, at Community level, held in Paris from 19 to 21 October 1972 invited against the abovementioned ceilings and maximum the Community institutions and Member States amounts, of imports of the products concerned as progressively to adopt an overall policy of develop­ and when these products are presented for customs ment cooperation on a world-wide scale comprising clearance under cover of declarations that they have in particular the improvement of generalized pref­ been entered for home use and accompanied by erences with the aim of achieving a steady increase a certificate of origin ; whereas this method of in imports of manufactures from the developing administration must make provision for the countries ; re-introduction of customs duties as soon as the said ceilings or maximum amounts are reached at Com­ munity level ; Whereas tariff preferences have been applied from the second half of 1971 under the conditions set out Whereas such method of administration calls for above and whereas these preferences should con­ tinue to be applied throughout 1975 ; very close and particularly rapid cooperation be­ tween Member States and the Commission, which must, in particular, be able to observe the extent to Whereas, in accordance with Protocol 23 to the Act which charges are made against the ceilings and of Accession (*), the generalized tariff preference maximum amounts and inform Member States scheme will be applicable in the new Member States thereof; whereas such cooperation should be particu­ from 1 January 1975 ; larly close in view of the need for the Commission to be able to take appropriate measures to re­ introduce customs duties, either generally or indi­ Whereas, in respect of textile products , the com­ vidually, when any of the ceilings or maximum plexity of the measures to be implemented, combined amounts are reached , with the abovementioned aim of improving the generalized preferences, could in 1974 be overcome normally only by means of a flat-rate increase of some 50% in the ceilings fixed for 1973 , the HAS ADOPTED THIS REGULATION : calculations for the additional amount of the ceilings having already been made on the basis of 1970 Article 1 figures ; whereas the same situation will again prevail in 1975 , so that such improvement can be effected only by means of a flat-rate increase of 5% in the 1 . From 1 January to 31 December 1975 the Com­ ceilings fixed for 1974, corresponding to 157-5% of mon Customs Tariff duties and the tariff duties of the ceilings for 1973 ; the new Member States on the products listed in Annex A shall , subject to Articles 2 and 4 ( 2 ) be totally suspended . Whereas, in respect of the products listed in Annex A originating in the countries listed in Annex B, the Community should therefore allow, for each category Ireland is authorized to apply customs duties equal of these products during 1975 , duty-free imports to the duties it applies in respect of the same within the limits of the Community ceilings calcula­ products vis-a-vis Member States other than the ted in the manner set out above ; whereas the benefit United Kingdom . of such tariff exemption should be reserved for pro­ ducts originating in the countries under consider­ 2 . This suspension shall be enjoyed solely by pro­ ation, the concept of 'originating products' being ducts originating in the countries listed in Annex B. determined in accordance with the procedure laid However, those imports which already enjoy exemp­ down in Article 14 of Council Regulation ( EEC ) tion from customs duties under other preferential No 802/68 (2) of 27 June 1968 on the common tariff arrangements granted by the Community shall definition of the concept of the origin of goods ; not be charged against the ceilings specified in para­ whereas charges against each of these ceilings must, graph 3 . For the purposes of this Regulation, the as a general rule, come within a maximum Com­ concept of originating products shall be determined munity amount of 50% in respect of the products in accordance with the procedure laid down in originating in any of the abovementioned countries ; Article 14 of Regulation ( EEC ) No 802/68 .

Whereas, under these circumstances, these objectives 3 . Subject to the provisions of Articles 2 and 4 (2) may be reached by applying a method of adminis­ this suspension shall be granted, in respect of each category of products, within a Community ceiling which shall be equal to 157-5% of the amount O OJ No L 73 , 27. 3 . 1972, p. 14. obtained by adding together imports in 1968 , expres­ (2) OJ No L 148 , 28 . 6. 1968 , p. 1 . sed in metric tons , of the products concerned from

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the countries listed in Annex B, excluding those Article 3 already enjoying various preferential tariff arrange­ ments granted by the Community, and 5% of the 1 . Imports of the products in question shall be tonnage of imports in 1970 from other countries actually charged against the Community ceilings and and from countries already enjoying such arrange­ maximum amounts as and when the goods are ments . entered for home use, and provided that they are accompanied by a certificate of origin pursuant to 4 . Subject to the provisions of Articles 2 and 4 (2), the rules referred to in Article 1 (2). within each ceiling thus calculated, charges of products originating in any one of the countries 2. Goods may be charged against a ceiling or maxi­ listed in Annex B should not exceed a Community mum amount only if the certificate of origin referred maximum amount equivalent to 50% of this ceiling to above is presented before the date on which the with the exception of certain products for which the levying of duties is re-introduced. maximum amount shall be reduced to the percentage shown in Annex A. 3 . The extent to which the ceilings and maximum amounts have been actually filled shall be determined 5 . Any amendment to Annex B, in particular by the at Community level on the basis of the imports addition of new countries enjoying tariff preferences, charged in accordance with paragraphs 1 and 2 . may entail a corresponding adjustment to the Com­ munity ceilings and the maximum amounts referred Article 4 to in paragraphs 3 'and 4.

1 . The Commission, in close cooperation with the Article 2 Member States, shall take all necessary measures to ensure that the above provisions are applied . 1 . As soon as the ceilings calculated in accordance with the provisions of Article 1 (3 ), which are laid 2. The Commission shall re-introduce the levying of down for Community imports of products orig­ customs duties in respect of all the countries referred inating in all of the countries referred to in Article to in Article 1 (2) or in respect of any one of them 1 (2) are reached at Community level, the levying by means of a Regulation in the conditions laid of customs duties on imports of the products in down in Article 2 ( 1 ) and ( 2 ). question from all the countries concerned may at any time be re-introduced until the end of the period Article 5 referred to in the first subparagraph of Article 1 ( 1 ).

Member States shall inform the Commission at re­ 2 . As soon as the maximum amounts calculated in gular intervals of imports of the products in question accordance with the provisions of Article 1 (4) which actually charged against the Community ceilings and are laid down for Community imports of products maximum amounts laid down in Article 1 (3 ) originating in each of the countries referred to in and (4). Article 1 (2 ) are reached for any one of these coun­ tries at Community level, the levying of the customs Article 6 duties on imports of the products in question from the country concerned may at any time be re-intro­ duced until the end of the period referred to in the This Regulation shall enter into force on first subparagraph of Article 1 ( 1 ). 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

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

ANNEX A

List of products originating in developing countries to which the generalized tariff preferences for certain textile products will apply ( a)

Order CCT No heading Description No

CHAPTER 54

1 54.05 Woven fabrics of flax or of ramie

CHAPTER 55

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

4 55.06 Cotton yarn , put up for retail sale

5 55.07 Cotton gauze

6 55.08 Terry towelling and similar terry fabrics , of cotton

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 : 7 — Other than raw cotton (*) 8 B. Other

CHAPTER 56

56.05 Yarn of man-made fibres (discontinuous or waste), not put up for retail sale : 9 B. Of regenerated textile fibres 56.07 Woven fabrics of man-made fibres ( discontinuous or waste) : 10 B. Of regenerated textile fibres

a) Products qualifying, under the arrangements, for exemption or total temporary suspension of the Common Customs Tariff duty are only token entries as regards the Member States of the Community as originally constituted , whereas the exemption or suspension is directly and fully applicable by the new Member States under these arrangements except for Ireland , which is authorized to apply customs duties equal to the duties it applies in respect of the same products vis-a-vis Member States other than the United Kingdom . (*) For products falling within subheading 55.09 A ex I ( other than raw cotton ), the maximum Community amount referred to in Article 1 (4 ) of this Regulation is reduced to 30% .

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Order CCT No heading Description No

CHAPTER 58

11 58.04 Woven pile fabrics and chenille fabrics (other than terry towelling or similar terry fabrics of cotton falling within heading Nos 55.08 and 58.05 ) 12 58.10 Embroidery, in the piece, in strips or in motifs

CHAPTER 60

60.01 Knitted or crocheted fabric, not elastic or rubberized : i B. Of man-made fibres 13 1 C. Of other textile materials

14 ex 60.02 Gloves , mittens and mitts, knitted or crocheted , not elastic or rubber­ ized , of cotton i1)

60.04 Under garments , knitted or crocheted , not elastic or rubberized : 15 A. Of cotton (2)

60.05 Outer garments and other articles , knitted or crocheted , not elastic or rubberized : Γ A. Outer garments and clothing accessories : 16 \ ex II. Other, of cotton (2) [ ex B. Other, of cotton (2)

60.06 Knitted or crocheted fabric and articles thereof ; elastic or rubberized (including elastic knee-caps and elastic stockings ) : 17 A. Fabric

CHAPTER 61

ex 61.03 Men's and boys' under garments , including collars , shirt fronts and cuffs : 18 — Of cotton fabric (*)

19 ex 61.04 Women's , girls' and infants' under garments , of cotton fabric

61.05 Handkerchiefs : 20 — Of cotton fabric 21 — Of fabrics other than cotton

(J) For products falling within heading Nos 60.02 (of cotton) and ex 61.03 (of cotton ), the maximum Community amount referred to in Article 1 (4) of this Regulation is reduced to 30% . (l) For products falling within subheadings 60.04 A , 60.05 A ex II , 60.05 ex B (of cotton fabric), and 62.03 B I ex b) (of cotton fabric), the maximum Community amount referred to in Article 1 (4) of this Regulation is reduced to 30% .

No L 329/ 14 Official Journal of the European Communities 9 . 12 . 74

Order CCT . No heading Description No

CHAPTER 62

62.01 Travelling rugs and blankets : B. Other : 22 I. Of cotton

62.03 Sacks and bags , of a kind used for the packing of goods : B. Of other textile materials : I. Used : ex b) Other : 23 — Of cotton i1)

ex II . Other : — Of cotton

24 62.04 Tarpaulins, sails , awnings , sunblinds , tents and camping goods

(}) For products falling within subheadings 60.04 A, 60.05 A ex II, 60.05 ex B (of cotton fabric), and 62.03 B I ex b) ( of cotton fabric), the maximum Community amount referred to in Article 1 (4) of this Regulation is reduced to 30% .

9 . 12 . 74 Official Journal of the European Communities No L 329/ 15

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