31974R3048

No L 329/24 Official Journal of the European Communities 9 . 12 . 74

REGULATION (EEC) No 3048/74 OF THE COUNCIL of 2 December 1974

opening preferential tariffs for certain textile products originating in developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES, alized countries which are members of the OECD would participate in granting preferences and would make similar efforts in this direction ; whereas, more­ Having regard to the Treaty establishing the Euro­ over, it is evident from the conclusions worked out pean Economic Community ; in UNCTAD that this offer, while being of a temporary nature, does not constitute a binding Having regard to the proposal from the Commission ; commitment and, in particular, may be withdrawn wholly or in part at a later date ; whereas this possibility may be adopted inter alia with a view to Whereas , within the context of UNCTAD , the Euro­ remedying any unfavourable situations which might pean Economic Community offered to grant tariff arise in the associated countries following the preferences on finished and semi-finished products implementation of the generalized preference scheme ; coming from developing countries ; whereas the pre­ ferential treatment proposed in that offer covers, generally speaking, all finished and semi-finished industrial products covered by Chapters 25 to 99 Whereas, moreover, the conference of Heads of of the Brussels Nomenclature which originate in State or of Government of the Member States and developing countries ; whereas the preference consists the States acceding to the European Communities in the granting of exemption from customs duties ; held in Paris from 19 to 21 October 1972 invited the whereas preferential imports are effected up to the Community institutions and the Member States to level of ceilings calculated by value in respect of each adopt an overall policy of development cooperation product on the basis of factors which are uniform on a world-wide scale comprising in particular the for all the products ; whereas in order that the pref­ improvement of generalized preferences with the aim erences granted to the most competitive developing of achieving a steady increase in imports of manu­ country or countries should be restricted and that factures from the developing countries ; a substantial share should be reserved for the least competitive, preferential imports from any one de­ veloping country in respect of a given product should Whereas tariff preferences have been applied from not, as a general rule, exceed 50% of the ceiling the second half of 1971 under the conditions set fixed for that product; out above and whereas these preferences should continue to be applied throughout 1975 ; Whereas, in the offer made by the Community, the annual ceilings should normally be calculated on the basis of the total value for 1968 of cif imports from Whereas, in accordance with Protocol 23 to the Act the countries benefiting from this scheme, excluding of Accession (*), the generalized tariff preference those already enjoying various preferential tariff scheme will be applicable in the new Member States arrangements granted by the Community, (basic from 1 January 1974 ; amount) plus 5% of the value of cif imports from the other countries and from the countries already enjoying such arrangements ( additional amount); whereas such additional amount is variable and is Whereas, having regard to the terms of the offer calculated each year on the basis of the latest figures concerned and to the need to improve the generalized available, provided that this entails no reduction in preferences, the abovementioned basic and additional the ceiling ; whereas, however, in view of the special amounts should normally refer to 1971 ; whereas, nature of the trade in most of the textile products however, in respect of textile products, the referred to in this Regulation, it is expedient to complexity of the measures to be implemented, calculate the ceilings concerned in terms of metric combined with the abovementioned aim of tons ;

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 industri­ 0 OJ No L 73 , 27 . 3 . 1972 , p. 14.

9 . 12 . 74 Official Journal of the European Communities No L 329/25

improving the generalized preferences, could in 1974 the new Member States on the products listed in be overcome normally only by means of a flat-rate Annex A shall, subject to Articles 2 and 4 (2), be increase of some 50% in the ceilings fixed for 1973 , totally suspended. the calculations for the additional amount of the ceilings having already been made on the basis of 1970 figures ; whereas the same situation will again Ireland is authorized to apply customs duties equal prevail in 1975 , so that such improvement can be to the duties it applies in respect of the same effected only be means of a flat- rate increase of 5% products vis-a-vis Member States other than the in the ceilings fixed for 1974, corresponding to United Kingdom. 157-5% of the ceilings for 1973 ;

Whereas it is expedient, therefore, in respect of the products referred to in Annex A which originate in 2. This suspension shall be enjoyed solely by pro­ the countries listed in Annex B, that the Community ducts originating in the countries listed in Annex B. should allow, for each category of these products and However, those imports which already enjoy exemp­ throughout 1975 , duty-free imports within the limits tion from customs duties under other preferential of the Community ceilings calculated in the manner tariff arrangements granted by the Community shall set out above ; whereas the benefit of such tariff not be charged against the ceilings specified in para­ exemption should be reserved for products graph 3 . For the purposes of this Regulation, the originating in the countries under consideration, the concept of originating products shall be determined concept of 'originating products' being determined in accordance with the procedure laid down in in accordance with the procedure laid down in Article 14 of Regulation ( EEC) No 802/68 . Article 14 of Council Regulation (EEC) No 802/68 (1 ) of 27 June 1968 on the common definition of the concept of the origin of goods ; With regard to carpets, carpeting and rugs , whereas charges against each of these ceilings must, mentioned in Annex A and falling under subheading as a general rule, come within a maximum Com­ 58.01 ex A, the certificates of origin for these munity amount of 50% in respect of the products products shall state the number of knots per metre originating in any of the abovementioned countries ; of warp.

Whereas, under these circumstances, these objectives may be reached by applying a method of adminis­ tration based on the charging, at Community level, 3 . Subject to the provisions of Articles 2 and 4 (2) against the abovementioned ceilings and maximum this suspension shall be granted within a Community amounts, of imports of the products concerned as ceiling expressed in metric tons, which shall be equal and when these products are entered for home use, to 157-5% of the amount obtained by adding and are accompanied by a certificate of origin ; together, on the one hand, the imports of the whereas this method of administration must make relevant textile products to the Community in 1968 provision for the re-introduction of customs duties as from the countries listed in Annex B, excluding those soon as the said ceilings or maximum amounts are already enjoying various preferential tariff arran­ reached at Community level ; gements granted by the Community, and , on the other hand, 5% of the tonnage of imports in 1970 Whereas such method of administration calls for from other countries and from countries already very close and particularly rapid cooperation enjoying such arrangements . between Member States and the Commission, which must, in particular, be able to observe the extent to which charges are made against the ceilings and maximum amounts and inform Member States 4. Subject to Articles 2 and 4 (2), within each thereof; whereas such cooperation should be ceiling thus calculated, charges of products orig­ particularly close in view of the need for the Com­ inating in any one of the countries listed in Annex B mission to be able to take appropriate measures to should not exceed a Community maximum amount re-introduce customs duties either generally or equivalent to 50% of this ceiling, with the exception individually, when any of the ceilings or maximum of certain products in respect of which the maximum amounts is reached, amount has been reduced to the percentage shown in Annex A. HAS ADOPTED THIS REGULATION : Article 1 1 . From 1 January to 31 December 1975 the Com­ 5 . Any amendment to Annex B, in particular by the mon Customs Tariff duties and the tariff duties of addition of new countries enjoying tariff preferences may entail a corresponding adjustment to the Com­ munity ceilings and the maximum amounts referred H OJ No L 148 , 28 . 6 . 1968 , p. 1 . to in paragraphs 3 and 4.

No L 329 /26 Official Journal of the European Communities 9 . 12 . 74

Article 2 to above is presented before the date on which the levying of duties is re-introduced. 1 . As soon as the ceilings calculated in accordance with the first subparagraph of Article 1 (3 ), which 3 . The extent to which the ceilings and maximum are laid down for Community imports of products amounts have been actually filled shall be determined originating in all of the countries referred to in at Community level on the basis of the imports Article 1 ( 2 ), are reached at Community level , the charged in accordance with paragraphs 1 and 2. levying of customs duties on imports of the products in question from all the countries concerned may Article 4 be re-introduced until the end of the period referred to in the first subparagraph of Article 1 ( 1 ). 1 . The Commission, in close cooperation with the 2 . As soon as the maximum amounts calculated in Member States, shall take all necessary measures to accordance with Article 1 (4), which are laid down ensure that the above provisions are applied. for Community imports of products originating in each of the countries referred to in Article 1 (2), are 2. The Commission shall re-introduce the levying of reached for any one of these countries at Community customs duties in respect of all the countries referred level, the levying of the customs duties on imports to in Article 1 (2) or in respect of any one of them of the products in question from the country con­ by means of a Regulation in the conditions laid cerned may at any time be re-introduced until the end down in Article 2(1 ) and ( 2 ). of the period referred to in the first subparagraph of Article 1 ( 1 ). Article 5

Article 3 Member States shall inform the Commission at regular intervals of imports of the products in 1 . Imports of the products in question shall be question actually charged against the Community actually charged against the Community ceilings and ceiling and maximum amounts laid down in maximum amounts as and when the products arc Article 1 ( 3 ) and (4 ). entered for home use and provided that they are accompanied by a certificate of origin pursuant to the rules laid down in Article 1 (2). Article 6

2 . Goods may be charged against a ceiling or maxi­ This Regulation shall enter into force on mum amount only if the certificate of origin referred 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

9 . 12 . 74 Official Journal of the European Communities No L 329/ 27

ANNEX A

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

CCT Order No heading Description No

CHAPTER 50

1 50.04 Silk yarn , other than yarn of noil or other waste silk, not put up for retail sale

2 50.05 Yarn spun from silk waste other than noil, not put up for retail sale

3 50.06 Yarn spun from noil silk, not put up for retail sale

4 50.07 Silk yarn and yarn spun from noil or other waste silk , put up for retail sale

5 50.08 Silk-worm gut ; imitation catgut of silk

6 50.09 Woven fabrics of silk or of waste silk other than noil

7 50.10 Woven fabrics of noil silk

CHAPTER 51

8 51.02 Monofil , strip (artificial straw and the like) and imitation catgut, of man-made fibre materials

9 51.03 Yarn of man-made fibres (continuous), put up for retail sale

10 CHAPTER 52 METALLIZED TEXTILES CHAPTER 53

11 53.06 Yarn of carded sheep's or lambs ' wool (woolen yarn), not put up for retail sale

12 53.07 Yarn of combed sheep's or lambs' wool (worsted yarn, not put up for retail sale

13 53.08 Yarn of fine animal hair (carded or combed), not put up for retail sale

(a) Products qualifying, under the ordinary 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 the present 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 .

No L 329/28 Official Journal of the European Communities 9 . 12 . 74

CCT Order heading Description No No

14 53.09 Yarn of horsehair or of other coarse animal hair, not put up for retail sale

15 53.10 Yarn of sheep's or lambs' wool of horsehair or of other animal hair (fine or coarse), put up for retail sale

16 53.11 Woven fabrics of sheep's or lambs' wool or of fine animal hair

17 53.12 Woven fabrics of coarse animal hair other than horsehair

18 53.13 Woven fabrics of horsehair

CHAPTER 54

19 54.03 Flax or ramie yarn , not put up for retail sale

20 54.04 Flax or ramie yarn, put up for retail sale

CHAPTER 56

21 56.01 Man-made fibres (discontinuous), not carded, combed or otherwise prepared for spinning (x )

22 56.02 Continuous filament tow for the manufacture of man-made fibres (discontinuous ) (*)

23 56.03 Waste (including yarn waste and pulled or garnetted rags) of man­ made fibres (continuous or discontinuous ), not carded , combed or otherwise prepared for spinning (*)

24 56.04 Man-made fibres (discontinuous or waste), carded , combed or other­ wise prepared for spinning

25 56.06 Yarn of man-made fibres (discontinuous or waste), put up for retail sale

CHAPTER 57

26 57.05 Yarn of true hemp

27 57.07 Yarn of other vegetable textile fibres : B. Other

28 57.08 Paper yarn

29 57.09 Woven fabrics of true hemp

30 ex 57.11 Woven fabrics of other vegetable textile fibres , excluding those of coir

31 57.12 Woven fabrics of paper yarn

(*) For products falling within this heading, the maximum Community amount referred to in Article 1 (4) of this Regu­ lation is reduced to 30 % .

9 . 12 . 74 Official Journal of the European Communities No L 329/29

CCT Order heading Description No No

CHAPTER 58

58.01 Carpets , carpeting and rugs, knotted (made up or not) : 32 ex A. Of more than 500 knots : 33 B. Of silk , or waste silk other than noil , of synthetic textile fibres , of yarn falling within heading No 52.01 or of metal threads 34 ex C. Of other textile materials other than jute or other textile bast fibres of heading No 57.03 or coir

58.02 Other carpets , carpeting, rugs, mats and matting, and ' Kelem', 'Schumacks ' and ' Karamanie' rugs and the like (made up or not) : 35 ex A. Carpets other than of jute or other textile bast fibres of heading No 57.03 or coir 36 B. ' Kelem', ' Schumacks' and 'Karamanie' rugs and the like

37 58.03 Tapestries , hand-made , of the type Gobelins , Flanders , Aubusson, Beauvais and the like, and needle-worked tapestries (for example, petit point and cross stitch), made in panels and the like by hand

38 58.05 Narrow woven fabrics , and narrow fabrics (bolduc ) consisting of warp without weft assembled by means of an adhesive, other than goods falling within heading No 58.06

39 58.06 Woven labels, badges and the like , not embroidered, in the piece, in strips or cut to shape or size

40 58.07 Chenille yarn (including flock chenille yarn ), gimped yarn (other than metallized yarn of heading No 52.01 and gimped horsehair yarn); braids and ornamental trimmings in the piece ; tassels pompons and the like

41 58.08 Tulle and other net fabrics ( but not including woven, knitted or cro­ cheted fabrics) plain

42 58.09 Tulle and other net fabrics ( but not including woven , knitted or crocheted fabrics), figured ; hand or mechanically made lace , in the piece, in strips or in motifs

CHAPTER 59

43 59.01 Wadding and articles of wadding ; textile flock and dust and mill neps

44 59.02 Felt and articles of felt, whether or not impregnated or coated

45 59.03 Bonded fibre fabrics , similar bonded yarn fabrics , and articles of such fabrics , whether or not impregnated or coated

46 59.05 Nets and netting made of twine, cordage or rope and made up fishing nets of yarn, twine, cordage or rope

47 59.06 Other articles made from yarn , twine, cordage, rope or cables other than textile fabrics and articles made from such fabrics

No L 329 /30 Official Journal of the European Communities 9 . 12 . 74

CCT Order heading Description No No

48 59.07 Textile fabrics coated with gum or amylaceous substances of a kind used for the outer covers of books and the like ; tracing cloth ; prepared painting canvas ; buckram and similar fabrics for hat foundations and similar uses

49 59.08 Textile fabrics impregnated, coated , covered or laminated with pre­ parations of cellulose derivatives or of other artificial plastic materials

50 59.09 Textile fabrics coated or impregnated with oil or preparations with a basis of drying oil

51 59.10 Linoleum and materials prepared on a textile base in a similar manner to linoleum , whether or not cut to shape or of kind used as floor coverings ; floor coverings consisting of a coating applied on a textile base , cut to shape or not

52 59.11 Rubberized textile fabrics , other than rubberized knitted or crocheted goods

53 59.12 Textile fabrics otherwise impregnated or coated ; painting canvas being theatrical scenery , studio back-cloths or the like

54 59.13 Elastic fabrics and trimmings ( other than knitted or crocheted goods) consisting of textile materials combined with rubber threads

55 59.14 Wicks , of woven , plaited or knitted textile materials , for lamps , stoves , lighters, candles and the like , tubular knitted gas-mantle fabric and incandescent gas mantles

56 59.15 Textile hosepiping and similar tubing, with or without lining, armour or accessories of other materials

57 59.16 Transmission , conveyor or elevator belts or belting , of textile material , whether or not strengthened with metal or other material

58 59.17 Textile fabrics and textile articles, of a kind commonly used in machi­ nery or plant

CHAPTER 60

59 60.01 Knitted or crocheted fabrics , not elastic or rubberized : A. Of wool or of fine animal hair

60 ex 60.02 Gloves , mittens and mitts, knitted or crocheted , not elastic or rub­ berized, other than of cotton

61 60.05 Outer garments and other articles, knitted or crocheted , not elastic or rubberized : A. Outer garments and clothing accessories : 1 . Jerseys and pullovers , containing at least 50% by weight of wool and weighing 600 g or more per article

9 . 12 . 74 Official Journal of the European Communities No L 329/31

CCT Order heading Description No No

62 60.06 Knitted or crocheted fabric and articles thereof, elastic or rubberized (including elastic knee-caps and elastic stockings) : B. Other

CHAPTER 61

63 ex 61.04 Women's girls' and infants ' under garments , other than of cotton

64 61.06 Shawls , scarves , mufflers , mantillas , veils and the like

65 61.07 Ties , bow ties and cravats

66 61.08 Collars , tuckers , fallals , bodice-fronts , jabots , cuffs , flounces , yokes and similar accessories and trimmings of women's and girls' garments

67 61.09 Corsets , corset-belts , suspender-belts , brassieres , braces , suspenders , garters and the like (including such articles of knitted or crocheted fabric), whether or not elastic

68 61.10 Gloves , mittens, mitts , stockings, socks and sockettes , not being knit­ ted or crocheted goods

69 61.11 Made up accessories for articles of apparel (for example, dress shields , shoulder and other pads , belts , muffs , sleeve protectors , pockets)

CHAPTER 62

70 62.01 Travelling rugs and blankets : A. Electrically heated B. Other : II . Of other textile materials

71 62.03 Sacks and bags , of a kind used for the packing of goods : B. Of other textile materials : I. Used : a) Flax or of sisal ex b) Other (excluding coir or cotton fibres)

72 ex 62.05 Other made up textile articles (including dress patterns), other than of jute, other than textile bast fibres of heading No 57.03 or coir

CHAPTER 63

73 ex 63.01 Clothing, clothing accessories, travelling rugs and blankets, household linen and furnishing articles (other than articles falling within heading No 58.01 , 58.02 or 58.03 ), of textile materials, footwear and headgear of any material , showing signs of appreciable wear and imported in bulk or in bales , sacks or similar bulk packings other than of jute other than textile bast fibres of heading No 57.03 or coir

No L 329/32 Official Journal of the European Communities 9.12. 74

ANNEX B

List of developing countries and territories enjoying generalized tariff preferences

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