31974R3053

9 . 12 . 74 Official Journal of the European Communities No L 329/59

REGULATION (EEC) No 3053 /74 OF THE COUNCIL of 2 December' 1974

opening and providing for the administration of preferential Community tariff ceilings for certain products originating in developing countries

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not constitute a binding Having regard to the proposal from the Commission ; commitment and, in particular, may be withdrawn wholly or in part at a later date ; whereas this Having regard to the Opinion of the European possibility may be adopted inter alia with a view to Parliament ;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

Whereas the offer made by the Community includes a clause stating that the Community drew up the (x) OJ No L 73 , 27. 3 . 1972 , p. 14.

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calculated in the manner set out above ; whereas the introduction of measures calculated to encourage the benefit of such tariff exemption should be reserved principal suppliers benefiting from the system to for products originating in the countries and ensure a balanced distribution of their deliveries territories under consideration, the concept of throughout the Community instead of concentrating ' originating products' being determined in accord­ them in specific areas, or even in one single area ance with the procedure laid down in Article 14 of the Community ; whereas to this end general of Council Regulation (EEC) No 802/68 ( x ) of provision should be made for the levying of the 27 June 1968 on the common definition of the normal customs duties to be re-introduced in a concept of the origin of goods ; whereas charges Member State when preferential imports originating against each of these ceilings must, as a general in a single beneficiary country or territory reach rule, come within a maximum Community amount 50% of the maximum amount envisaged above ; of 50% in respect of the products originating in whereas this measure does not interfere with the any of the abovementioned countries ; whereas, immediate re-introduction of the levying of the however, in order to ensure that all the countries normal customs duties at Community level when and territories in question are able to benefit from preferential imports reach the Community maximum this preferential system, the Community maximum amounts ; whereas, as regards the Community amount should, for certain products, be reduced to ceilings, there is nothing to prevent provisions being 20% or 30% ; made only for the possibility of the Community's re-introducing the levying of the normal customs duties when the said ceilings are reached at Com­ Whereas preferential Community tariff quotas were munity level ; previously granted for all the products listed in Annex A ; whereas experience in recent years has shown that this improvement in the Community preferences scheme can only be achieved if an effort Whereas, under these circumstances, these objectives is made to ensure a more balanced distribution of may be reached by applying a method of the advantages granted to all the beneficiary administration based on the charging, at Community countries and territories ; whereas for this reason and level , against the abovementioned ceilings and in order to afford each of them equal opportunity maximum amounts, of imports of the products to benefit from the preferential ceilings, it seems concerned as and when these products are entered adequate to limit to 15% the maximum amount for for home use and are accompanied by a certificate each of the beneficiary countries and territories of origin ; whereas this method of administration which have either reached the maximum amount for must make provision for the re-introduction of the a given product in 1972 and 1973 , or which , levying of customs duties as soon as the said ceilings according to the most up-to-date statistics available, or maximum amounts are reached at Community supply the Community with at least 40% of its level ; imports of the product in question from the beneficiary countries and territories as a whole ; how­ ever, in order to avoid damaging the interests of the less favoured of these beneficiary countries and Whereas such method of administration calls for territories the 15% limit will not be applied in the very close and particularly rapid cooperation case of those which have a very low per capita between Member States and the Commission , which national product, or which for a given product have must, in particular, be able to observe every 10 days charged against the preferences an amount rep­ the extent to which charges are made against the resenting at least 10% of their deliveries to the ceilings and maximum amounts and inform Member Community of industrial manufactured products States thereof; whereas such cooperation should be eligible for the Community preferences scheme ; particularly close in view of the need for the Com­ whereas , in addition, in order to ensure that the new maximum amounts are not less than those fixed mission to be able to take appropriate measures to re-introduce the levying of customs duties either hitherto , the abovementioned maximum amount of generally or individually when any of the ceilings 15% shall in general only apply or shall only become or maximum amounts are reached ; applicable where, in absolute value, it is higher than the level fixed for the 1974 preferences ;

Whereas, furthermore, for some of the products Whereas since the Kingdom of Belgium, the Kingdom affected by the fixing of the maximum amount at of the Netherlands and the Grand Duchy of 15% , this improvement is conditional upon the Luxembourg are united in and represented by the Benelux Economic Union , the provisions governing the maximum amounts concern that Economic Union as a whole and any operation relating thereto may H OJ No L 148 , 28 . 6 . 1968 , p. 1 . be carried out by one of its members,

9 . 12 . 74 Official Journal of the European Communities No L 329 /61

HAS ADOPTED THIS REGULATION : 6 . Any amendment to Annex B, in particular by the addition of new countries enjoying tariff preferences, may entail a corresponding adjustment Article 1 to the Community ceilings and the maximum amounts referred to in paragraphs 3 and 4.

1 . From 1 January to 31 December 1975 , the Common Customs Tariff duties and the tariff duties Article 2 of the new Member States on the products listed in Annex A shall be totally suspended, subject to the provisions of Articles 2 and 4 (2) of this J. As soon as the ceilings calculated in accordance Regulation . with the provisions of Article 1 (3 ), which are laid down for Community imports of products originat­ ing in all of the countries referred to in Article 1 (2), 2. This suspension shall be enjoyed solely by prod­ are reached at Community level , the levying of ucts originating in the countries and territories listed customs duties on imports of the products in in Annex B. However, imports already enjoying question from all the countries and territories exemption from customs duties under other preferen­ concerned may at any time be re-introduced until tial tariff arrangements granted by the Community the end of the period referred to in the first shall not be charged against the ceilings specified in subparagraph of Article 1(1 ). paragraph 3 . For the purposes of the application of this Regulation, the concept of originating products 2 . As soon as the maximum amounts determined shall be determined in accordance with the procedure laid down in Article 14 of Regulation (EEC ) No in accordance with Article 1 (4) for imports into 802 / 68 . the Community of products originating in each of the countries or territories referred to in Article 1 (2) are reached at Community level for one of these 3 . Subject to the provisions of Articles 2 and 4 (2) countries or territories , the Commission shall without this suspension shall be granted, in respect of each delay inform the Member States of the date on which category of products within a Community ceiling the normal tariff must be restored in respect of the countries or territories concerned . This information which shall be expressed in units of account and which shall be obtained by adding together the shall be published in the Official Journal of the values of cif imports in 1971 of the products European Communities . concerned, to the Community from the countries and territories enjoying these arrangements, However, when the amounts of products originating excluding those already enjoying various preferential in one or other of the countries or territories tariff arrangements granted by the Community, and indicated by two asterisks in column 3 of Annex A 5% of the value of cif imports in 1972 from other charged against the preferences reach the Community countries and from countries and territories already maximum amount in one Member State, that enjoying such arrangements . Member State shall without delay re-introduce the levying of the normal customs duty. It shall notify the Commission , which shall inform the other 4. Subject to the provisions of Articles 2 and 4 (2), Member States of this fact, at the same time fixing within each ceiling thus calculated, charges of the earliest date on which the levying of the normal products originating in any one of the countries or tariff must be re-introduced in these States also . This territories listed in Annex B should not exceed a information shall be published in the Official Journal Community maximum amount expressed as a per­ of the European Communities. centage or in units of account against each of the products in column 3 of Annex A. 3 . Without prejudice to the foregoing provisions, where the levying of the normal customs duty is 5 . However, in the case of the products originating re-introduced under the conditions described in in the beneficiary countries or territories indicated Article 1 (5 ) the Member State concerned shall by an asterisk in column 3 of Annex A, the amount immediately notify the Commission, which shall charged against the preferences in a single Member without delay inform the other Member States. State shall be limited to 50% of the maximum laid down in paragraph 4. The normal customs duties shall again be levied as soon as this level is reached, Article 3 unless the Member State concerned previously notifies the Commission that it does not intend to avail itself of this limitation for all or some of the 1 . Imports of the products in question shall be products concerned. The Commission shall inform actually charged against the Community ceilings and the Member States of this fact without delay. maximum amounts as and when the products are

No L 329 /62 Official Journal of the European Communities 9 . 12 . 74

entered for home use, and provided that they are within the context of the ceilings established in accompanied by a certificate of origin pursuant to respect of all the countries and territories referred the rules laid down in Article 1 (2). to in Article 1 (2).

2. Goods may be charged against a ceiling or Article 5 maximum amount only if the certificate of origin referred to in paragraph 1 is submitted before the Member States shall inform the Commission at date on which the levying of duties is re-introduced. regular intervals of imports of the products in question actually charged against the Community 3 . The extent to which the ceilings and maximum ceilings and maximum amounts laid down in amounts have been actually used up shall be Article 1 (3 ) and (4). determined at Community level and in the Member States on the basis of the imports charged in accord­ ance with paragraphs 1 and 2 . Until the levying of the normal customs duties is re-introduced the information shall cover, in particu­ lar, the returns relating to the amounts actually Article 4 charged against the preferences during the previous 10 days, which must be forwarded within five full days of the end of each 10-day period. 1 . The Commission, in close cooperation with the Member States, shall take all necessary measures to ensure that the above provisions are applied . Article 6

2 . The Commission shall issue Regulations to re­ This Regulation shall enter into force on introduce the levying of the normal customs duties 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 originating in developing countries and territories, enjoying generalized tariff preferences, in respect of which duties under the Common Customs Tariff are totally suspended within the limit of Community ceilings and maximum amounts per beneficiary country or territory (a)

CCT Order heading Description Level of the maximum amounts No No (D (2) (3 )

1 28.27 Lead oxides ; red lead and orange lead 50% , reduced to 834 000 u.a . for Mexico n d

2 28.56 Carbides (for example, silicon carbide, boron carbide , 50% , reduced to 195 000 u.a. for metal carbides ) : Yugoslavia (*) (**) C. Of calcium

3 31.02 Mineral or chemical fertilizers , nitrogenous : 20% B. Urea containing more than 45% by weight of nitrogen on the dry anhydrous product

4 31.02 Mineral or chemical fertilizers , nitrogenous : 20% C. Other

5 31.05 Other fertilizers ; goods of the present Chapter in 50% , reduced to 53 6 000 u.a. for tablets , lozenges and similar prepared forms or in Yugoslavia (*) (**) packings of a gross weight not exceeding 10 kg :

A. Other fertilizers : I. Containing the three fertilizing substances : nitrogen , phosphorus and potassium II . Containing the two fertilizing substances : nitrogen and phosphorus III . Containing the two fertilizing substances : nitrogen and potassium : b) Other IV . Other B. Goods of the present Chapter in tablets , lozenges and similar prepared forms or in packings of a gross weight not exceeding 10 kg

(a) Manufactured and semi-finished industrial 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.

No L 329/64 Official journal of the European Communities 9 . 12.74

CCT Description Level of the maximum amounts Order heading No No (D (2) (3 )

6 39.03 50% , reduced to 418 000 u.a . for Regenerated cellulose ; cellulose nitrate , cellulose acetate and other cellulose esters , cellulose ethers and Yugoslavia (*) (**) other chemical derivatives of cellulose, plasticized or not (for example, collodions , celluloid ) ; vulcanized fibre : B. Other : I. Regenerated cellulose

7 39.03 Regenerated cellulose ; cellulose nitrate , cellulose 50% , reduced to 92 000 u.a . for acetate and other cellulose esters , cellulose ethers and Yugoslavia (*) (**) other chemical derivatives of cellulose, plasticized or not (for example , collodions , celluloid) ; vulcanized fibre : B. Other : II . Cellulose nitrates

8 40.11 Rubber tyres , tyre cases , interchangeable tyre treads , 50% , reduced to 3 701 000 u.a . for inner tubes and tyre flaps , for wheels of all kinds Yugoslavia (*) (**)

9 42.03 Articles of apparel and clothing accessories , of leather 20% or of composition leather : B. Gloves , including mittens and mitts : I. Protective , for all trades

10 44.14 Wood sawn lengthwise , sliced or peeled but not 30% further prepared , of a thickness not exceeding 5 mm ; veneer sheets and sheets for plywood , of a thickness not exceeding 5 mm : B. Other

11 46.03 Basketwork , wickerwork and other articles of plaiting 10% materials , made directly to shape ; articles made up from goods falling within heading No 46.01 or 46.02 ; articles of loofah

12 48.01 Paper and paperboard (including cellulose wadding), 50% , reduced to 4 602 000 u.a . for machine-made in rolls or sheets : Yugoslavia (*) (**) C. Kraft paper and kraft board : II . Other

13 66.01 Umbrellas and sunshades (including walking-stick 50% , reduced to 1 354 000 u.a . for umbrellas , umbrella tents and garden and similar Hong Kong (*) (**) umbrellas)

9 . 12 . 74 Official Journal of the European Communities No L 329 / 65

CCT Order heading Description Level of the maximum amounts No No d ) (2 ) (3 )

14 67.04 Wigs , false beards , hair pads , curls , switches and the 30% , reduced to 6 147 000 u.a . for like , of human or animal hair or of textiles ; other South Korea (*) (**) and for Hong Kong articles of human hair ( including hair nets) n r )

15 69.02 (a ) Refractory bricks , blocks , tiles and similar refractory 50% , reduced to 1 693 000 u.a . for constructional goods , other than goods falling within Yugoslavia (**) heading No 69.01

16 69.11 Tableware and other articles of a kind commonly used 50% , reduced to 136 000 u.a . for Macao for domestic or toilet purposes , of porcelain or china (,) r ) ( including biscuit porcelain and parian )

17 70.05 Unworked drawn or blown glass (including flashed 50% , reduced to 411 000 u.a . for glass ), in rectangles Yugoslavia (*) (**)

18 70.13 Glassware (other than articles falling in heading 30% , reduced to 658 000 u.a . for No 70.19 ) of a kind commonly used for table , kitchen , Yugoslavia (**) toilet or office purposes , for indoor decoration , or for similar uses

19 71.16 Imitation jewellery 50% , reduced to 2 154 000 u.a . for Hong Kong H (**)

20 73.18 Tubes and pipes and blanks therefor , of iron ( other 50% , reduced to 2 289 000 u.a . for than of cast iron ) or steel , excluding high-pressure Yugoslavia (*) ( ::' ::") hydro-electric conduits

21 74.03 Wrought bars , rods , angles , shapes and sections , of 50% , reduced to 1 095 000 u.a . for copper ; copper wire Yugoslavia (**)

22 79.03 Wrought plates , sheets and strip , of zinc ; zinc foil ; zinc 50% , reduced to 743 000 u.a . for powders and flakes : Yugoslavia (**) A. Plates , sheets , strip and foil

23 84.41 Sewing machines ; furniture specially designed for 50% sewing machines ; sewing machine needles : A. Sewing machines ; furniture specially designed for sewing machines : 1 . Sewing machines ( lockstitch only) with heads of a weight not exceeding 16 kg without motor or 17 kg including the motor ; sewing machine heads ( lockstitch only ), of a weight not exceeding 16 kg without motor or 17 kg including the motor : b ) Other

(a) Products originating in Romania and which fall within this tariff heading are also eligible for Community preferential tariff arrangements .

No L 329 /66 Official Journal of the European Communities 9 . 12 . 74

CCT Order heading Description Level of the maximum amounts No No (D (2) (3 )

24 84.41 Sewing machines ; furniture specially designed for 50% , reduced to 243 000 u.a . for sewing machines ; sewing machine needles : Yugoslavia (**) A. Sewing machines ; furniture specially designed for sewing machines : III . Parts , including furniture specially designed for sewing machines

25 85.01 Electrical goods of the following descriptions : gener­ 50% , reduced to 2 091 000 u.a . for ators , motors , converters ( rotary or static), transformers , Yugoslavia (*) (**) rectifiers and rectifying apparatus , inductors : A. Generators , motors ( whether or not equipped with speed reducing, changing or step-up gear) and rotary converters : II . Other

26 85.10 Portable electric battery and magneto lamps , other 50% , reduced to 944 000 u.a . for than lamps falling within heading No 85.09 : Hong Kong (*) (**) B. Other

27 85.23 Insulated (including enamelled or anodized) electric 20% , Yugoslavia (*) (**) wire, cable, bars , strip and the like (including co-axial cable), whether or not fitted with connectors

28 87.14 Other vehicles (including trailers), not mechanically 50% , reduced to 1 710 000 u.a. for propelled , and parts thereof : Yugoslavia (*) (**) B. Trailers and semi-trailers : II . Other

29 90.05 (a ) Refracting telescopes ( monocular and binocular), 30% , reduced to 15% for South Korea (**), prismatic or not for Hong Kong (**) and for Macao (**)

30 92.11 (a) Gramophones , dictating machines and other sound 50 % , reduced to 15% for Hong Kong (**) recorders and reproducers , including record players and tape decks , with or without sound heads ; television image and sound recorders and reproducers , magnetic : A. Sound recorders and reproducers

31 97.02 ( a) Dolls 20% , reduced to 2 367 000 u.a. for Hong Kong (**)

(a) Products originating in Romania and which fall within this tariff heading are also eligible for Community preferential tariff arrangement.

9 . 12 . 74 Official Journal of the European Communities No L 329 /67

CCT Order Description Level of the maximum amounts heading No No (D (2 ) (3 )

32 97.03 Other toys ; working models of a kind used for 20% , reduced to 6 724 000 u.a. for recreational purposes Hong Kong (*) (**)

33 97.05 Carnival articles ; entertainment articles (for example, 20% , reduced to 806 000 u.a. for conjuring tricks and novelty jokes ) ; Christmas tree Hong Kong (**) decorations and similar articles for Christmas festivities (for example, artificial Christmas trees, Christmas stockings , imitation logs , Nativity scenes and figures therefor)

34 98.15 Vacuum flasks and other vacuum vessels , complete 50% , reduced to 199 000 u.a. for with cases ; parts thereof, other than glass inners Hong Kong (**)

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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 Sudan Kenya 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 Malagasy Republic Uganda 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

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COUNTRIES AND TERRITORIES dependent or administered, or for whose external relations Member States of the Community 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 inter­ national 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 . (3 ) 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.