31975R1213

No L 124/22 Official Journal of the European Communities 15 . 5 . 75

REGULATION (EEC) No 1213 /75 OF THE COUNCIL

of 7 May 1975

establishing in respect of certain products falling within heading Nos 09.04 and 15.07 of the Common Customs Tariff a scheme of generalized preferences in favour of developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES, possibility may be adopted, inter alia, with a view to remedying any unfavourable situations which might arise in the associated countries following the Having regard to the Treaty establishing the implementation of the generalized preference scheme; European Economic Community, and in particular Article 43 thereof ; Whereas, moreover, the conference of the Heads of State or of Government of the Member States and the Having regard to Council Regulation (EEC) No 1059/69 (*) of 28 May 1969 laying down the trade States acceding to the European Communities held in arrangements applicable to certain goods resulting Paris from 19 to 21 October 1972 invited the from the processing of agricultural products, and in Community institutions and the Member States particular Article 12 thereof; progressively to adopt an overall policy of development cooperation on a world-wide scale Having regard to the proposal from the Commission ; comprising in particular the improvement of generalized preferences with the aim of achieving a steady increase in imports of manufactures from the Having regard to the Opinion of the European developing countries ; Parliament;

Whereas, within the context of UNCTAD, the Whereas, in accordance with Protocol 23 to the Act of Accession (2 ), the generalized tariff preference European Economic Community offered to grant tariff preferences on certain processed agricultural scheme became fully applicable in the new Member States on 1 January 1974 ; products of Chapters 1 to 24 of the Common Customs Tariff which originate in developing countries ; whereas the preferential treatment Whereas, for certain products of Chapters 1 to 24 of proposed in that offer consists, in respect of certain the Common Customs Tariff, this scheme would, goods which are subject to the trade arrangements however, involve the application in the new Member laid down in Regulation (EEC) No 1059/69, of a States in 1975 of customs duties higher than or very reduction in the fixed component of the charge close to those which will be applied by the new applicable to such goods by virtue of that Regulation, Member States to non-member countries in general and, in respect of products which are subject to the on the basis of the provisions of the abovementioned single customs duty, of a reduction in such duty; Act; whereas this situation would comply neither whereas preferential imports of the products with the spirit nor with the very nature of the concerned could be effected without quantitative generalized preference scheme ; whereas, in order to restrictions ; maintain an equivalent preferential margin for these products also, reduced customs duties should be Whereas the offer made by the Community includes applied to them, in accordance with detailed rules a clause stating that the Community drew up the based on the principle of maintaining, in the new offer on the assumption that all the main Member States, a preference proportional to that industrialized countries which are members of the which exists between the duties of the Common OECD would participate in granting preferences and Customs Tariff and the duties given in Annex A to would make similar efforts in this direction; whereas, this Regulation ; whereas, with a view to granting the moreover, it is evident from the conclusions worked beneficiary developing countries the best possible out in UNCTAD that this offer, while being of a treatment, in accordance with the objectives of the temporary nature, does not constitute a binding preference scheme, the duties given in the commitment and, in particular, may be withdrawn abovementioned Annex A should also be applied wholly or in part at a later date; whereas this wherever the duties calculated according to the

(*) OJ No L 141 , 12. 6. 1969, p. 1 . (2) OJ No L 73 , 27. 3 . 1972, p. 14 .

15 . 5 . 75 Official Journal of the European Communities No L 124/23

abovementioned detailed rules prove to be higher 2. The treatment provided for in paragraph 1 shall than them ; be enjoyed solely by products originating in the countries and territories listed in Annex B. Whereas it is expedient, therefore, that the Community should authorize the importation of the For the purposes of the application of this products referred to in Annex A, originating in the Regulation, the concept of originating products shall countries and territories listed in Annex B, subject to be determined in accordance with the procedure laid the customs duties given in respect of each of them, down in Article 14 of Regulation (EEC) No 802/68 . as from 1 July 1975 ; whereas the benefit of such preferential terms should be reserved for products originating in the countries and territories under Article 2 consideration, the concept of 'originating products' being determined in accordance with the procedure laid down in Article 14 of Council Regulation (EEC) When products benefiting from the treatment No 802/68 (*) of 27 June 1968 on the common provided for in Article 1 are imported in the definition of the concept of the origin of goods ; Community in such quantities or at such prices that Community producers of products similar to or in direct competition with them suffer or are likely to Whereas measures should be provided for which will suffer from serious disadvantage, the levying of enable any serious disruption in any sector of the customs duties may be reintroduced in whole or in economic activity of the Community to be avoided; part on the products in question in respect of the whereas, to this end, the Commission should be countries or territories which are the cause of the empowered to reintroduce partially or wholly the disadvantage. Such measures may also be taken in the levying of customs duties in order that such case of actual or potential serious disadvantage in a disruption may be avoided; single region of the Community. Whereas the Commission must be able to have access to information concerning imports effected within the framework of generalized preferences ; whereas, to Article 3 this end, Member States shall inform the Commission every three months of imports actually effected, 1 . The Commission may decide, by means of a classified by origin, Regulation, to reintroduce the levying of customs duties for a specified period, in order to ensure that Article 2 is applied. HAS ADOPTED THIS REGULATION :

2. In the event of such action being requested by a Article 1 Member State, the Commission shall decide within a period of not more than 10 working days after the 1 . From 1 July to 31 December 1975, Community request has been received and shall inform the Member States of this decision. imports of the products listed in Annex A shall benefit from the customs duties specified for each product. 3 . Any Member State may refer to the Council the measure taken by the Commission, within a period of On importation into Denmark, Ireland and the not more than 10 working days after it has been United Kingdom, there shall be applied to the informed thereof. The fact that the matter is referred abovementioned products the customs duties to the Council shall not cause the measure to be determined by multiplying, by a coefficient equal to suspended. The Council shall meet immediately. It the margin of preferences existing between the duties may, by acting on a qualified majority, amend or given in Annex A and the Common Customs Tariff rescind the measure in question. duties applicable, the duties obtained by reducing the difference between the lowest duty applied on 1 January 1972 to the developing countries set out in Annex B and the Common Customs Tariff, by 60 % . Article 4

However, the duties given in Annex A shall be Articles 2 and 3 shall not prejudice the applied where the duties resulting from the implementation of the safeguard clauses adopted in abovementioned calculation are higher than them. pursuance of the common agricultural policy under Article 43 of the Treaty and of those adopted in pursuance of the common agricultural policy under Article 113 of the Treatv . (!) OJ No L 148, 28 . 6. 1968, p. 1 .

No L 124/24 Official Journal of the European Communities 15 . 5 . 75

Article5¶

Member States shall inform the Commission every This Regulation shall enter into force on 1 July 1975. three months of imports effected under this Regulation, classified by origin.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 May 1975 .

For the Council

The President

G. FITZGERALD

15 . 5 . 75 Official Journal of the European Communities No L 124/25

ANNEX A

List of products falling within heading Nos 09.04 and 15.07 originating in developing countries and territories to which the generalized tariff preferences will apply

CCT Rate of heading Description duty No

09.04 Pepper of the genus 'Piper'; pimento of the genus 'Capsicum' or the genus 'Pimenta': A.. Neither crushed nor ground: I. Pepper: b) Other 6% 15.07 Fixed vegetable oils, fluid or solid, crude, refined or purified: D. Other oils : I. For technical or industrial uses other than the manu­ facture of foodstuffs for human consumption : a) Crude : 1 . Palm oil 2-5 % ex 3 . Other: l — Palm nut and kernel oil 3%

II . Other : a) Palm oil : I 1 . Crude 4% b) Other: 2. Solid, other; fluid: ex aa) Crude: — Palm nut and kernel oil 8 % l — Coconut oil 8 %

No L 124/26 v Official Journal of the European Communities 15 . 5 . 75

ANNEX B

List of developing countries and territories enjoying generalized tariff preferences

INDEPENDENT COUNTRIES

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

No L 124/27 15 . 5 . 75 Official Journal of the European Communities

\ 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

(') Gilbert and Ellice Islands, British Solomon Islands , New Hebrides Condominium, and Pitcairn Islands . (l) Antigua, Montserrat, St Kitts-Nevis-Anguilla, British Virgin Islands . (') 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).

No L 124/28 Official Journal of the European Communities 15.5.75

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 {*)

Note: The above lists may be amended subsequently to take account of changes in the inter­ national status of countries or territories.

( ) Dominica, St Lucia. St Vincent.