31974R3058

No L 329/ 150 Official Journal of the European Communities 9 . 12 . 74

REGULATION (EEC) No 3058/74 OF THE COUNCIL of 2 December 1974 opening, allocating and providing for the administration of a Community tariff quota for raw or unmanufactured flue-cured Virginia type tobacco originating in developing countries

THE COUNCIL OF THE EUROPEAN appropriate, however, in view of the sensitiveness of COMMUNITIES , the tobacco sector generally and of the need to safeguard the interests of the associated countries in Having regard to the Treaty establishing the Euro­ this field, to lay down for raw or unmanufactured pean Economic Community, and in particular flue-cured Virginia type tobacco special conditions Article 43 thereof ; consisting in a reduction of the customs duty applicable to that product within the limits of a Having regard to the proposal from the Commission ; 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 the ized countries which are members of the OECD development of trade relations with Sri Lanka, India, would participate in granting preferences and would Malaysia, Pakistan and Singapore, the Community make similar efforts in this direction ; whereas, more­ declared its readiness to seek solutions to the over, it is evident from the conclusions worked out in problems which may arise in the field of trade with UNCTAD that this offer, while being of a temporary the countries referred to ; nature, does not constitute a binding commitment and, in particular, may be withdrawn wholly or in Whereas, on the one hand, for several Asian countries part at a later date ; whereas this possibility may be of the Commonwealth and particularly India, the adopted, inter alia, with a view to remedying any type of unmanufactured tobacco concerned is an im­ unfavourable situations which might arise in the portant export product and the flow of trade in such associated countries following the implementation of products is likely to be changed as a result of the the generalized preference scheme ; enlargement of the Community and, on the other hand, these countries are among the worst hit by the present Whereas tariff preferences have been applied as from the second half of 1971 ; whereas, however, for the economic crisis ; whereas the system of generalized type of tobacco in question the said system of tariff tariff preferences may constitute a solution to the preferences have been made applicable in 1974 as a problems of this nature and whereas this type of transitional measure and it is appropriate to continue tobacco should exceptionally be included for a this system for 1975 ; transitional period in the system of generalized prefe­ rences ; Whereas it is expedient, therefore, that the Com­ munity should open for 1975, for raw or unmanu­ Whereas, within the context of UNCTAD, the factured flue-cured Virginia type tobacco, originating European Economic Community offered to grant in the countries and territories listed in the Annex, tariff preferences on certain processed agricultural a Community tariff quota limited to 30 000 metric products of Chapters 1 to 24 of the Common Customs tons, at a customs duty rate of 11-5% with a Tariff which originate in developing countries ; minimum charge of 14 units of account and a maxi­ whereas the preferential treatment proposed in that mum charge of 16-5 units of account per 100 kilo­ offer consists , in respect of certain goods which are grammes net weight ; subject to the trade arrangements laid down in Regulation ( EEC ) No 1059/69 , of a reduction in the Whereas , in accordance with Protocol 23 to the Act fixed component of the charge applicable to such of Accession (2 ), the generalized tariff preference goods by virtue of that Regulation, and, in respect scheme became fully applicable in the new Member of products which are subject to the single customs States on 1 January 1974 ; duty, of a reduction in such duty; whereas preferential imports of the products concerned could be effected Whereas, for the product concerned, this scheme without quantitative restrictions ; whereas it appears would, however, involve the application in the new

(*) OJ No L 73 , 27. 3 . 1972, p. 195. (2) OJ No L 73 , 27. 3 . 1972, p. 178 .

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Member States in 1975 of customs duties higher than Germany 2 765 metric tons or very close to those which will be applied by the Benelux 2 419 metric tons new Member States to non-member countries in general on the basis of the provisions of the above­ France 662 metric tons mentioned Act ; whereas this situation would comply neither with the spirit nor with the very nature of the Italy 2 000 metric tons generalized preference scheme ; whereas , in order to Denmark 1 588 metric tons maintain an equivalent preferential margin for these products also, reduced customs duties should be Ireland 1 171 metric tons applied to them, in accordance with detailed rules United Kingdom 19 395 metric tons based on the principle of maintaining, in the new Member States, a preference proportional to that which exists between the duties of the Common Customs Tariff and the duties given in Article 1 of Whereas, without affecting the Community nature this Regulation ; whereas , with a view to granting the of the tariff quota under consideration, it appears beneficiary developing countries the best possible possible to provide temporarily for a utilization treatment, in accordance with the objectives of the scheme based on a single allocation among the preference scheme, the duties given in the above men­ Member States ; whereas, moreover, the allocation set tioned Article 1 should also be applied wherever the out by this Regulation in no way prejudices the possi­ duties calculated according to the abovementioned bility of adopting the general method of allocation of detailed rules prove to be higher than them ; Community tariff quotas comprising the setting up of a reserve share ; whereas at this transitional stage it appears feasible that such allocation could be made according to the amounts set out above ; Whereas the benefit of this tariff quota should be reserved for products originating in the countries and territories under consideration, the concept of Whereas the shares of the Member States in the 'originating products' being determined in accordance Community tariff quota , in view of its duration and with the procedure laid down in Article 14 of Council Regulation (EEC) No 802/68 (*) of 27 June its amount, does not appear in this instance to 1968 on the common definition of the concept of compromise the equal access for Community im­ the origin of goods ; porters to Community tariff quotas ; whereas for this same reason it would appear expedient to allow each Member State to choose the system for administering its share; Whereas it is necessary to ensure equal and contin­ uous access for all Community importers to the abovementioned quota and the uninterrupted appli­ Whereas since the Kingdom of Belgium, the cation of the rate laid down for this quota to all Kingdom of the Netherlands and the Grand Duchy imports of the products concerned into all Member of Luxembourg are united in and represented by the States until this quota is used up ; whereas, having Benelux Economic Union, all transactions concerning regard to the principles set out above, the Com­ the administration of the share allocated to that munity nature of the quota can be respected by Economic Union may be carried out by any one of allocating the Community tariff quota among Mem­ its members, ber States ; whereas, moreover, to the end and in the context of the utilization system, the actual charges against the quota may relate only to products which have been entered for home use and which are accompanied by a certificate of origin ; HAS ADOPTED THIS REGULATION :

Whereas , on the basis of the available statistical data Article 1 which cover only a relatively brief period and whereas they should be weighted on the basis of the estimates which may be made in respect of the quota year, the 1 . From 1 January to 31 December 1975 a Commu­ shares in the quota amount may be set out as nity tariff quota of 30 000 metric tons shall be follows : opened in the Community for the imports of raw or unmanufactured flue-cured Virginia type tobacco falling under subheading ex 24.01 B of the Common Customs Tariff. Within this tariff quota the i1) OJ No L 148 , 28 . 6. 1968 , p. 1 . customs duty shall be suspended at 11*5 % with

No L 329/ 152 Official Journal of the European Communities 9 . 12 . 74

a minimum charge of 14 units of account and a Germany 2 765 metric tons, maximum charge of 16-5 units of account per 100 Benelux 2 419 metric tons, kilogrammes net weight. France 662 metric tons, Italy 2 000 metric tons, On importation into Denmark, Ireland and the Denmark 1 588 metric tons , United Kingdom, there shall be applied the customs Ireland 1 170 metric tons, duties determined by multiplying, by a coefficient­ equal to the margin of preferences existing between United Kingdom 19 395 metric tons . the duty given in the first subparagraph and the Common Customs Tariff duties applicable, the duties Article 3 obtained by reducing by 60% the difference between 1 . The Member States shall ensure free access to the lowest duty applied on 1 January 1972 to the the share which has been allocated to them for developing countries set out in the Annex and the Common Customs Tariff. importers of the products concerned who are established on their territory. However, the duties given in the first subparagraph 2 . The extent to which the shares of Member States shall be applied where the duties resulting from the have been actually filled shall be determined on the abovementioned calculation are higher than them . basis of imports of the said goods which have been entered for home use, and which are accompanied 2. This tariff quota shall apply solely to products by a certificate of origin in accordance with the rules originating in the countries and territories listed referred to in Article 1 (2 ). in the Annex . However, those imports which enjoy exemption from customs duties under other pre­ 3 . Goods may qualify for a tariff quota only if the ferential tariff arrangements granted by the Commu­ certificate of origin referred to in paragraph 2 is nity may not be charged against this tariff quota. submitted before the date on which the levying of duties is re-introduced . For the purposes of the application of this Regulation the concept of 'originating products ' shall be de­ Article 4 termined in accordance with the procedure laid down in Article 14 of Regulation ( EEC ) No 802/68 . Member States shall inform the Commission at monthly intervals of imports of the said goods actually charged against their shares . This information Entry to this tariff quota shall be subject to the shall show both the value expressed in units of production of a certificate of authenticity appearing account and the quantity expressed in metric tons . in the certificate of origin and made out in in accordance with the procedure referred to in the Article 5 second subparagraph. Member States and the Commission shall cooperate closely to ensure that the above Articles are observed . Article 2 Article 6 The Community tariff quota mentioned in Article 1 shall be allocated in shares which, for each Member This Regulation shall enter into force on 1 January State, shall be of the amount indicated below. 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

List of developing countries and territories enjoying generalized tariff preferences

INDEPENDENT COUNTRIES

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

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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 Pitcaira Islands . (2) 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.