31974R3057

No L 329 / 144 Official Journal of the European Communities 9 . 12 . 74

REGULATION (EEC) 3057/74 OF THE COUNCIL of 2 December 1974

opening, allocating and providing for the administration of a Community tariff quota for preserved pineapples, other than in slices, half slices or spirals, originating in developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES , imports of the products concerned could be effected without quantitative restrictions ; whereas it appears appropriate, however, in view of the sensitiveness of Having regard to the Treaty establishing the Euro­ the preserved fruit and vegetable sector generally and pean Economic Community, and in particular Ar­ of the need to safeguard the interests of the asso­ ticle 43 thereof; ciated countries in this field, to lay down for pre­ served pineapples, other than in slices, half slices or spirals special conditions consisting in a reduction Having regard to the proposal from the Commission ; of the customs duty applicable to that product within the limits of a Community tariff quota ;

Having regard to the Opinion of the European Whereas the offer made by the Community includes Parliament ; a clause stating that the Community drew up the offer on the assumption that all the main industrial­ Whereas in the Joint Declaration of Intent (*) on ized countries which are members of the OECD the development of trade relations with Sri Lanka, would participate in granting preferences and would India, Malaysia, Pakistan and Singapore, the Com­ make similar efforts in this direction ; whereas, more­ munity declared its readiness to seek solutions to over, it is evident from the conclusions worked out the problems which may arise in the field of trade in UNCTAD that this offer, while being of a tem­ with the countries referred to ; porary nature, does not constitute a binding commit­ ment and , in particular, may be withdrawn wholly or in part at a later date ; whereas this possibility Whereas in respect of several Asian countries of the may be adopted, inter alia, with a view to remedying Commonwealth and particularly as regards Malaysia any unfavourable situations which might arise in preserved pineapples are an important export product the associated countries following the implemen­ and the flow of trade in such products is likely to be tation of the generalized preference scheme ; changed as a result of the enlargement of the Com­ munity ; whereas the system of generalized tariff Whereas tariff preferences have been applied as from preferences may constitute a solution to the problems the second half of 1971 and whereas it is expedient of this nature and whereas certain forms of preserved to continue to apply them throughout 1975 ; pineapples should therefore be included in the system of generalized preferences ; Whereas it is expedient, therefore, that the Com­ munity should open for 1975 in respect of the said products, originating in the countries and territories Whereas, within the context of UNCTAD , the Euro­ listed in the Annex, a Community tariff quota pean Economic Community offered to grant tariff limited to 20 000 metric tons and at a customs duty preferences on certain processed agricultural prod­ of 12% , increased by the levy on sugar where the ucts of Chapters 1 to 24 of the Common Customs sugar content exceeds 17% by weight in the case of Tariff originating in developing countries ; whereas products falling within subheading ex 20.06 B II a) the preferential treatment proposed in that offer con­ 5 aa), and 19% by weight in the case of products sists, in respect of certain goods which are subject falling within subheading ex 20.06 B II b) 5 aa ); to the trade arrangements laid down in Regulation (EEC ) No 1059/69 , of a reduction in the fixed com­ ponent of the charge applicable to such goods by Whereas , in accordance with Protocol 23 to the virtue of that Regulation, and , in respect of prod­ Act of Accession (2 ), the generalized tariff preference ucts which are subject to the single customs duty, of scheme will be fully applicable in the new Member a reduction in such duty ; whereas preferential States from 1 January 1974 ;

i 1) OJ No L 73 , 27. 3 . 1972 , p. 195 . (2) OJ No L 73 , 27. 3 . 1972 , p. 14.

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Whereas, for the said products, this scheme would, Germany 20-5% however, involve the application in the new Member Benelux 4-9% States in 1975 of customs duties higher than or very close to those which will be applied by the new France 0-5% Member States to non-member countries in general Italy 2-0% on the basis of the provisions of the abovementioned Act; whereas this situation would comply neither Denmark 1-9% with the spirit nor with the very nature of the general­ ized preference scheme ; whereas, in order to main­ Ireland 1-0% tain an equivalent preferential margin for these prod­ United Kingdom 69·2% ucts also, reduced customs duties should be applied to them, in accordance with detailed rules based on the principle of maintaining, in the new Member Whereas, without affecting the Community nature of States, a preference proportional to that which exists the tariff quota under consideration, it appears poss­ between the duties of the Common Customs Tariff ible to provide temporarily for a utilization scheme and the duties given in Article 1 to this Regulation ; based on a single allocation among the Member whereas , with a view to granting the beneficiary States ; whereas, moreover, the allocation set out by this Regulation in no way prejudices the possibility developing countries the best possible treatment, in of adopting the general method of allocation of accordance with the objectives of the preference scheme, the duties given in the abovementioned Community tariff quotas comprising the setting up Article 1 should also be applied wherever the duties of a reserve share; whereas at this transitional stage it appears feasible that such allocation could be made calculated according to the abovementioned detailed according to the percentage set out in the above rules prove to be higher than them ; table ;

Whereas the percentage for the shares of the Member Whereas the benefit of this tariff quota should be States in the Community tariff quotas, in view of reserved for products originating in the countries their duration and their amount, does not appear in and territories under consideration, the concept of this instance to compromise the equal access for 'originating products' being determined in accordance Community importers to Community tariff quotas ; with the procedure laid down in Article 14 of Coun­ whereas for this same reason it would appear expedi­ cil Regulation ( EEC ) No 802/68 (*) of 27 June 1968 ent to allow each Member State to choose the on the common definition of the concept of the origin system for administering its share; of goods ;

Whereas since the Kingdom of Belgium, the King­ dom of the Netherlands and the Grand Duchy of Whereas it is necessary to ensure equal and contin­ Luxembourg are united in and represented by the uous access for all Community importers to the Benelux Economic Union, all transactions concern­ abovementioned quota and the uninterrupted appli­ ing the administration of the share allocated to that cation of the rate laid down for this quota to all Economic Union may be carried out by any one of imports of the products concerned into all Member its members , States until this quota is used up ; whereas having regard to the principles set out above, the Com­ munity nature of the quota can be respected by HAS ADOPTED THIS REGULATION : allocating the Community tariff quota among Mem­ ber States ; whereas, moreover, to this end and in the context of the utilization system, the actual Article 1 charges against the quota may relate only to products which have been entered for home use and which 1 . From 1 January to 31 December 1975 , a Com­ are accompanied by a certificate of origin ; munity tariff quota of 20 million metric tons shall be opened by the Community for the imports of preserved pineapples other than in slices, half slices Whereas on the basis of the statistical data available or spirals, falling under the following subheadings which cover only a relatively brief period and of the Common Customs Tariff : ex 20.06 B II a) 5, whereas they should be weighted on the basis of ex 20.06 B II b ) 5 , ex 20.06 B II c) 1 dd ) and ex the estimates which may be made for the quota year, 20.06 B II c) 2 . Within this tariff quota the customs the percentage of the shares of the quota amount duty shall be suspended at 12% , increased by the may be drawn up as follows : levy on sugar where the sugar content exceeds 17% by weight in the case of products falling within sub­ heading ex 20.06 B II a) 5 aa), and 19% by weight in the case of products falling within subheading ex C 1) OJ No L 148 , 28 . 6. 1968 , p. 1 . 20.06 B II b ) 5 aa).

No L 329 / 146 Official Journal of the European Communities 9 . 12 . 74

On importation into Denmark, Ireland and the United by a certificate of origin in accordance with the rules Kingdom, there shall be applied to the abovemen­ referred to in Article 1 (2). tioned products the customs duty obtained by multi­ plying, by a coefficient equal to the margin of pre­ 3 . Goods may qualify for a tariff quota only if the ferences existing between the duty of 12% given in certificate of origin referred to in paragraph 2 is paragraph 1 and the Common Customs Tariff submitted before the date on which the levying of duties applicable, the duties obtained by reducing by duties is re-introduced. 40% the difference between the lowest duty applied on 1 January 1972 to the developing countries set out in the Annex and the Common Customs Tariff. Article 4 However, the duty of 12% given in the first subpara­ graph shall be applied when the customs duty Member States shall inform the Commission at resulting from the abovementioned calculation is monthly intervals of imports of the products in higher than it. question actually charged against their shares. This information shall cover both the value expressed in 2. The benefit of this tariff quota shall be reserved units of account and quantity expressed in metric tons . for the products originating in the countries and territories listed in the Annex. However, the imports already benefiting from exemption customs duties under another preferential tariff scheme granted by Article 5 the Community shall not be charged to this quota .

If the Community should find that the products For the purposes of implementing this Regulation benefiting under the arrangements provided for in the concept of originating products shall be deter­ Article 1 are being imported into the Community mined in accordance with the procedure laid down in quantities or at prices such as to put or be likely in Article 14 of Regulation (EEC) No 802/68 . to put Community producers of similar or directly competitive products at a serious disadvantage or to create an unfavourable situation in associated Article 2 countries, the customs duties applied within the Community may be re-introduced in part or in full for imports of the products in question from the The Community tariff quotas mentioned in Article 1 country or countries or territory or territories which shall be allocated in shares which in respect of each are the cause of such disadvantage. Such measures Member State shall be of the amount indicated may also be taken in the event of a serious disad­ below : vantage, either actual or foreseeable, which is confined to a single region of the Community. Germany 4 100 metric tons Benelux 980 metric tons Article 6 France 100 metric tons Italy 400 metric tons 1 . In order to ensure that Article 5 is applied, the Denmark 380 metric tons Commission may, by way of a Regulation, re-intro­ duce Common Customs Tariff duties for a fixed Ireland 200 metric tons period .

United Kingdom 13 840 metric tons 2. If the Commission has acted at the request of a Member State, the former shall give its decision within a maximum period of 10 working days from Article 3 the date of receipt of the request and shall inform the Member State of the action taken . 1 . The Member States shall ensure free access to each of the shares which have been allocated to them 3 . Each Member State may refer the measure taken for importers of the products concerned who are by the Commission to the Council within a period established on their territory. of 10 working days following the date is was notified . The fact that the matter has been referred 2 . The extent to which the shares of Member States to the Council shall not constitute the suspension of have been actually filled shall be determined on the the measure. The Council shall meet without delay. basis of imports of the said goods which have been Acting on a qualified majority, it may amend or entered for home use, and which are accompanied repeal the measure in question.

9 . 12 . 74 Official Journal of the European Communities No L 329/ 147

Article 7 policy pursuant to Article 113 of the Treaty.

Article 8 The provisions of Articles 5 and 6 shall not preju­ dice the application of the protective clauses drawn This Regulation shall enter into force on 1 January up in connection with the common commercial 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 329/148 Official Journal of the European Communities 9 . 12. 74

ANNEX

List of developing countries and territories enjoying generalized tariff preferences

INDEPENDENT COUNTRIES

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

9 . 12 . 74 Official Journal of the European Communities No L 329/149

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 . (l) 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.