31974R3047
No L 329/ 16 Official Journal of the European Communities 9 . 12. 74
REGULATION (EEC) No 3047/74 OF THE COUNCIL
of 2 December 1974
opening, allocating and providing for the administration of Community tariff quotas for certain textile products originating in developing countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES, the ceilings for the preferential imports of such product, taking due account of deliveries effected by the beneficiary countries alone ; whereas, more Having regard to the Treaty establishing the Euro over, particularly in view of the high level of pean Economic Community ; deliveries of the products in question to the Community by the third countries concerned, it ap pears appropriate, except in particular instances, to Having regard to the proposal from the Commission ; restrict preferential imports from any single benefi ciary country to 20 or 30% of the ceiling laid down for each category of products concerned ; Whereas, within the context of UNCTAD, the European Economic Community offered to grant Whereas the offer made by the Community includes tariff preferences on finished and semi-finished a clause stating that the Community drew up the products coming from developing countries ; whereas offer on the assumption that all the main industrial the preferential treatment proposed in that offer ized countries which are members of the OECD covers, generally speaking, all finished and semi would participate in granting preferences and would finished industrial products covered by Chapters 25 make similar efforts in this direction ; whereas, to 99 of the Brussels Nomenclature which originate moreover, it is evident from the conclusions worked in developing countries ; whereas the preference out in UNCTAD that this offer, while being of consists in the granting of exemption from customs a temporary nature, does not constitute a binding duties ; whereas preferential imports are effected up commitment and, in particular, may be withdrawn to the level of ceiling calculated by value in respect wholly or in part at a later date ; whereas this of each product on the basis of factors which are possibility may be adapted inter alia with a view to uniform for all the products ; whereas, in order that remedying any unfavourable situations which might the preferences granted to the most competitive arise in the associated countries following the developing country or countries should be restricted and that a substantial share should be reserved for implementation of the generalized preference scheme ;
the least competitive, preferential imports from any one developing country in respect of a given product Whereas , moreover, the conference of Heads of State should not, as a general rule, exceed 50% of the or of Government of the Member States and the ceiling fixed for that product; States acceding to the European Communities held in Paris from 19 to 21 October 1972 invited the Community institutions and the Member States Whereas, in the offer made by the Community, the progressively to adopt an overall policy of develop annual ceilings should normally be calculated on the ment cooperation on a world-wide scale comprising basis of the total value for 1968 of cif imports from in particular the improvement of generalized the countries benefiting from this scheme, excluding preferences with the aim of achieving a steady those already enjoying various preferential tariff increase in imports of manufactures from the arrangements granted by the Community ( basic developing countries ; amount), plus 5% of the value of cif imports from the other countries and from the countries already enjoying such arrangements ( additional amount); Whereas tariff preferences have been applied from the second half of 1971 under the conditions set out whereas such additional amount is variable and is above and whereas these preferences should continue calculated each year on the basis of the latest figures available, provided that this entails no reduction in to be applied throughout 1975 ;
the ceiling ; Whereas, in accordance with Protocol 23 to the Act of Accession ( 1 ), the generalized tariff preference Whereas, however, in view of the special nature which trade in the majority of textile products referred to in this Regulation may have, it appears generally expedient to calculate in terms of tonnages (^ OJ No L 73 , 27. 3 . 1972 , p. 14.
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scheme will be applicable in the new Member States Whereas the application of the generally accepted from 1 January 1974; principles in respect of the allocation of the Com munity tariff quotas which have been opened hitherto entails under these circumstances, in view Whereas, hawing regard to the terms of the offer of the variety of the products concerned and the concerned and to the need to improve the generalized fact that the beneficiary countries are specified, preferences the abovementioned basic and additional calculations which are all the more problematic in amounts should normally refer to 1971 ; whereas , that the statistical data required sometimes prove to however, in respect of textile products, the com be incomplete or not sufficiently accurate or plexity of the measures to be implemented, combined representative ; whereas the time required for these with the abovementioned aim of improving the gen calculations cannot be reconciled with the continuity eralized preferences, could in 1974 be overcome only necessary for the application of the tariff preferences by means of a flat-rate increase of some 50% in the concerned ; whereas , under these conditions , it would ceilings fixed for 1973 ; whereas the same situation be advisable still at 'this stage to adopt a fixed scale will again prevail in 1975, so that such improvement for allocating the Community tariff quotas concerned can be effected only by means of a flat-rate increase among the Member States ; whereas, using as a basis of 5% in the ceilings fixed for 1974 ; general economic criteria relating to external trade either as a whole or in the textile sector alone, the gross national product and population, the percent ages for the initial shares of the Member States in Whereas it is expedient, therefore, in respect of the the quota amounts are as follows for the quota products referred to in Annex A which originate in year under consideration : the countries listed in Annex B, that the Community should open , for 1975 , duty-free Community tariff Germany 27% quotas within the limits of the amounts in units of account or metric tons given in respect of each of Benelux 10% these products ; France 19%
Italy 14% Whereas charges against each of these tariff quotas must, in respect of the products originating in any Denmark 7% of the abovementioned countries, come within a Ireland 1 % specified percentage of the amount of the quota ; whereas the benefit of such tariff quotas should be United Kingdom 22% reserved for products originating in the countries under consideration , the concept of ' originating products' being determined in accordance with the Whereas, without affecting the Community nature procedure laid down in Article 14 of Council Regu of the tariff quotas under consideration, it appears lation ( EEC ) No 802 /68 (*) of 27 June 1968 on the possible to provide at this stage for a utilization common definition of the concept of the origin of scheme based on a single allocation among the goods ; Member States ; whereas, moreover, the allocation set out by this Regulation in no way prejudices the possibility of adopting the general method of allo Whereas it is necessary to ensure equal and con cation of Community tariff quotas comprising the tinuous access for all Community importers to the setting up of a reserve share ; whereas implementation abovementioned quotas and the uninterrupted appli of this principle in this particularly sensitive sector cation of the rate laid down for those quotas to can, however, take place only progressively, yet must all imports of the products concerned into all remain attuned to the methods of administration laid Member States until those quotas are used up ; down in the general framework of the generalized whereas, having regard to the principles set out tariff preference scheme ; whereas at the present junc above, the Community nature of the quotas can be ture it appears feasible that such allocation could be respected by allocating the Community tariff quota made according to the percentages set out in the table among Member States ; whereas, moreover, to this above ; whereas, however, as regards certain yarn end and in the context of the utilization system, and woven fabrics of synthetic textile fibres and the actual charges against the quotas may relate sisal twine falling within heading Nos 51.04 and ex only to products which are entered for home use 59.04, and subheadings 56.05 A and 56.07 A of the and which are accompanied by a certificate of Common Customs Tariff, one new Member State, origin ; the Kingdom of Denmark, has for some years been importing these at a relatively high level from certain developing countries and has therefore ceased to produce the articles in question ; whereas, this special O OJ No L 148 , 28 . 6. 1968 , p. 1 . situation should temporarily be taken into account
No L 329/ 18 Official Journal of the European Communities 9 . 12 . 74
and this Member State should be granted an 4. Any amendments to Annex B, in particular by increased share without restricting the access thereto the addition of new countries enjoying tariff pre of countries 'benefiting from generalized 'preferences ; ferences, may entail a corresponding adjustment to the amounts of the quotas and to the maximum amounts appearing in columns 3 and 4 of Annex A. Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Article 2 Benelux Economic Union , all transactions concern ing the administration of the shares allocated to the Benelux Economic Union may be carried out by any 1 . The Community tariff quotas referred to in one of its members, Article 1 shall be allocated in shares which shall be, for each Member State, the amounts correspond ing to the quantities shown in column 5 of Annex A against each category of products.
HAS ADOPTED THIS REGULATION : 2 . The shares allocated to Denmark for certain products falling within heading Nos 51.04 and ex Article 1 59.04, and subheadings 56.05 A and 56.07 A shall be increased by an amount determined by a footnote to Annex A. 1 . From 1 January to 31 December 1975 the Com mon Customs Tariff duties and the tariff duties of Article 1 (3 ) shall not apply to such an increase . the new Member States on the products listed in Annex A shall be completely suspended within the framework of Community tariff quotas of volumes which shall be expressed in metric tons and which Article 3 shall be indicated in respect of each product in column 3 of that Annex . 1 . The Member States shall ensure free access to the shares which have been allocated to them for im Ireland is authorized to apply customs duties equal porters of the said goods who are established in to the duties it applies in respect of the same pro ducts vis-a-vis Member States other than the United their territory .
Kingdom .
2 . The extent to which the shares of Member States have been actually used up shall be determined on 2 . These tariff quotas shall 'be enjoyed solely by the basis of imports of the said goods which have products originating in the countries listed in Annex been entered for home use and which are ac B. However, those imports which already enjoy companied by a certificate of origin in accordance exemption from customs duties under other preferen with the rules referred to in Article 1 ( 2 ). tial tariff arrangements granted by the Community may not be charged against these tariff quotas . For the purpose of this Regulation , the concept of ori 3 . Goods shall qualify for a tariff quota only if the ginating products shall be determined in accordance certificate of origin referred to in paragraph 2 is with the procedure laid down in Article 14 of Regu presented before the date on which the levying of lation ( EEC ) No 802/68 . duties is re-introduced .
With regard to carpets, carpeting and rugs , mentioned in Annex A and falling under subheading Article 4 58.01 ex A, the certificates of origin for these products shall state the number of knots per metre of warp . The Commission shall take all necessary measures to ensure that the maximum amount referred to in Article 1 ( 3 ) is observed. When the charges , at Com 3 . The amount to be dharged in respect of each munity level, of products originating in each of the country referred to in paragraph 2 against each of countries listed in Annex B against any one of the the tariff quota amounts mentioned above shall he Community tariff quotas reach the maximum limited to the maximum amount given as a per amount laid down in column 4 of Annex A, the centage or in metric tons in column 4 of Annex A Commission shall immediately notify the Member against each category of products . States of the date on which, as a result of this fact,
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the normal tariff is to be re-introduced in respect of Article 6 the country in question. This notification shall be published in the Official Journal of the European Member States and the Commission shall cooperate Communities . closely to ensure that the above Articles are observed.
Article5¶
Member States shall inform the Commission at reg ular intervals of imports of the products in question This Regulation shall enter into force on actually charged against their shares. 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 329/20 Official Journal of the European Communities 9 . 12 . 74
ANNEX A
List of products subject to zero-duty Community tariff quotas under the generalized tariff preferences granted to developing countries
Maximun 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 (D (2 ) (3 ) % tons (5 )
1 51.01 Yarn of man-made fibres ( continuous), 1 418 50 709 Germany 382-86 not put up for retail sale : Benelux 141-80 France 269-42 A. Yarn of synthetic textile fibres Italy 198-52 Denmark 99-26 B. Yarn of regenerated textile fibres : Ireland 14-18 United Kingdom 311-96 II . Other
i
2 51.04 Woven fabrics of man-made ( fibres 347 30 104 Germany 93-69 (continuous ), including woven fabrics of Benelux 34-70 monofil or strip of heading No 51.01 or France 65-93 51.02 Italy 48-58 Denmark (x) 24-29 Ireland 3-47 United Kingdom 76-34
3 56.05 Yarn of man-made fibres (discontinuous 575 20 115 Germany 155-25 or waste), not put up for retail sale : Benelux 57-50 France 109-25 A. Of synthetic textile fibres Italy 80-50 Denmark (2 ) 40-25 Ireland 5 - 75 United Kingdom 126-50
4 56.07 Woven fabrics of man-made fibres 536 30 161 Germany 144-72 ( discontinuous or waste) : Benelux 53-60 France 101-84 A. Of synthetic textile fibres Italy 75-04 Denmark ( 3) 37-52 Ireland 5-36 United Kingdom 117-92
(*) Pursuant to Article 2 (2) this share is increased by 26-90 metric tons . (2) Pursuant to Article 2 (2) this share is increased by 61-64 metric tons . (3) Pursuant to Article 2 (2 ) this share is increased by 464-30 metric tons.
9 . 12 . 74 Official Journal of the European Communities No L 329/21
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 ( 1 ) (2) (3 ) % tons ( 5 )
58.01 Carpets , carpeting and rugs , knotted ( made up or not) :
ex A. Of wool or of fine animal hair, containing per metre of warp : 5 — At least 350 rows of knots 2 835 20 567 Germany 765-45 Benelux 283-50 France 538-65 Italy 396-90 Denmark 198-45 Ireland 28-35 United Kingdom 623-70
6 — 350 to 500 rows of knots 2 205 30 662 Germany 595-35 Benelux 220-50 France 418-95 Italy 308-70 Denmark 154-35 Ireland 22-05 United Kingdom 485-10
ex 59.0 Twine cordage, ropes and cables , plaited or not : 7 — Of hemp 2 520 30 ■ 756 Germany 680-40 Benelux 252-00 France 478-80 Italy 352-80 Denmark 176-40 Ireland 25-20 United Kingdom 554-40
8 — Of sisal (agave sisalana ) 630 30 189 Germany 170-10 Benelux 63-00 France 119-70 Italy 88-20 Denmark ( l) 44-10 Ireland 6-30 United Kingdom 138-60
9 — Of synthetic textile fibres 607 30 182 Germany 163-89 Benelux 60-70 France 115-33 Italy 84-98 Denmark 42-49 Ireland 6-07 United Kingdom 133-54
10 — Other, other than coir fibres 473 30 142 Germany 127-71 Benelux 47-30 France 89-78 Italy 66-22 Denmark 33-11 Ireland 4-73 United Kingdom 104-06
( x) Pursuant to Article 2 (2) this share is increased by 158 metric tons .
No L 329 /22 Official Journal of the European Communities 9 . 12 . 74
Maximum amount Quota per cc untry CCT amount in Volume of shares allocated to Order heading metric (4) Description Member States in metric tons No No tons metric (D (2) % tons (3 ) (5 )
11 ex 60.03 Stocking , under stockings , socks , ankle 269 30 81 Germany 72*63 socks , sockettes and the like , knitted or Benelux 26-90 crocheted , not elastic or rubberized : France 51-11 Italy 37-66 — Other than of cotton Denmark 18-83 Ireland 2-69 United Kingdom 59-18
12 60.04 Under garments , knitted or crocheted , 1 733 20 347 Germany 267-91 not elastic or rubberized : Benelux 173-30 France 329-27 B. Of other textile materials Italy 242-62 Denmark 121-31 Ireland 17-33 United Kingdom 381-26
13 60.05 Outer garments and other articles , 521 30 156 Germany 140-67 knitted or crocheted , not elastic or rub Benelux 52-10 berized : France 98-99 Italy 72-94 A. Outer garments and clothing accesso Denmark 36-47 ries : Ireland 5-21 ex II . Other United Kingdom 114-62
ex B. Other
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ANNEX B
List of developing countries and territories enjoying generalized tariff preferences
Afghanistan India Rwanda Algeria Indonesia Saudi Arabia Argentina Iran Senegal Bahamas Iraq Sierra Leone Bahrain Ivory Coast Singapore Bangladesh Jamaica Somalia Barbados Jordan Sri Lanka Bhutan Kenya Sudan Bolivia Khmer Republic Swaziland Botswana Korea (South) Syria Brazil Kuwait Tanzania Burma Laos Thailand Burundi Lebanon Togo Cameroon Lesotho Tonga Central African Republic Liberia Trinidad and Tobago Chad Tunisia Libya Chile Uganda Malagasy Republic Colombia Malawi United Arab Emirates : Congo, People's Republic of Malaysia Abu Dhabi Costa Rica Maldive Islands Dubai Cuba Mali Ras al Khaimah Cyprus Mauritania Fujairah Dahomey Mauritius Ajman Dominican Republic Mexico Sharjah Ecuador Morocco Ummal Qaiwain Egypt, Arab Republic of Nauru Upper Volta El Salvador Nepal Uruguay Equatorial Guinea Venezuela Nicaragua Ethiopia Niger Vietnam, Republic of Fiji Western Samoa Nigeria Gabon Oman Yemen, People's Democratic Gambia Republic of Pakistan Ghana Yemen Arab Republic Panama Guatemala Yugoslavia Paraguay Guinea Zaïre Peru Guyana Zambia Philippines Haiti Qatar Honduras