31975R3001

1 29 . 11.75 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 3001/75 OF THE COUNCIL

of 17 November 1975

opening, allocating and providing for the administration of Community tariff quotas for certain cotton textile and like products originating in developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES, ments granted by the Community ( basic amount) plus 5% of the value of cif imports from the other countries and from the countries already enjoying Having regard to the Treaty establishing the Euro­ such arrangements ( additional amount); pean Economic Community ;

Having regard to the proposal from the Commission ; Whereas, however, in respect of cotton textile products formerly covered by the long-term arrange­ ment regarding international trade in cotton textiles, Having regard to the Opinion, of the European the offer made by the Community lays down that Parliament (*); the preferences in the form of duty-free ceilings normally calculated according to the formula set out Whereas, within the context of UNCTAD, the Euro­ in the preceding recital, will be granted to the pean Economic Community offered to grant tariff countries enjoying generalized preferences which are preferences on finished and semi-finished products signatories to the long-term arrangement or possibly coming from developing countries ; whereas the pre­ to those countries which undertake vis-a-vis the ferential treatment proposed in that offer covers, Community commitments similar to those existing generally speaking, all finished and semi-finished under that arrangement and for the duration of the industrial products covered by Chapters 25 to 99 of said arrangement ; whereas the arrangement expired the Brussels Nomenclature which originate in devel­ on 30 September 1973 and was extended to oping countries ; whereas the preference consists in 31 December 1973 ; whereas , as in 1974 and 1975 the granting of exemption from customs duties ; and on a transitional basis, it may be anticipated whereas preferential imports are effected up to the that the countries concerned thereby will, for 1976, level of ceilings calculated by value in respect of adopt measures with equivalent aims, pending each product on the basis of factors which are uni­ application of the arrangement regarding inter­ form for all the products ; whereas, in order that the national trade in textiles (2 ); whereas it is apparent preferences granted to the most competitive devel­ that only imports from these countries are to form oping country or countries should be restricted and the basis for calculating the abovementioned ceilings ; that a substantial share should be reserved for the whereas, with particular regard to the link which least competitive, preferential imports from any one Article 6 of the said long-term arrangement developing country in respect of a given product establishes between cotton products and substitute should not, as a general rule, exceed 50% of the products, it appears justified in these circumstances ceiling fixed for that product; and by virtue of the fact that a total suspension of customs duties is involved to include in the same Whereas , in the offer made by the Community, the scheme as that described above those substitute annual ceilings should normally be calculated on the textile products given in the conditional list of partial basis of total value for 1968 of cif imports from the and limited reductions of customs duties deposited countries benefiting from this scheme, excluding those with GATT by the Community during the last already enjoying various preferential tariff arrange­ series of tariff negotiations ; whereas , moreover, in

(!) OJ No C 257, 10. 11 . 1975, p . 30. (2) OJ No L 118 , 30. 4. 1974 , p. 1 .

2 Official Journal of the European Communities 29 . 11 . 75

view of the special nature which trade in the preferences, could in 1974 and 1975 be overcome products concerned may have, it appears expedient, only by means of successive flat-rate increases of wherever this is justified by the particular sensitivity around 50% and 5% in the ceilings fixed for 1973 ; of the product, to determine in terms of tonnages whereas the same situation will again prevail in the ceilings for the preferential imports of such 1976, so that such improvement can be effected products, taking due account of deliveries effected only by means of a flat-rate increase of 5% in the during 1968 by the beneficiary countries alone ; ceilings fixed for 1975 : whereas, moreover, particularly in view of the high level of deliveries of the textiles in question to the Community by the third countries concerned, it Whereas it is expedient, therefore, in respect of the appears appropriate, except in particular instances, products referred to in Annex A which originate in to restrict preferential imports from any single the countries listed in Annex B, that the Community beneficiary country to 30% of the ceiling laid down should open, for 1976, duty-free Community tariff for each category of textile products concerned; quotas within the limits , of the amounts in metric tons given in respect of each of these products ;

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 industrial­ Whereas charges against each of these tariff quotas ized countries which are members of the OECD must, in respect of the products originating in any would participate in granting preferences and would of the abovementioned countries, come within a make similar efforts in this direction ; whereas, more­ specified percentage of the amount of the quota ; over, it is evident from the conclusions worked out whereas the benefit of such tariff quotas should be in UNCTAD that this offer, while being of a tem­ reserved for products originating in the countries porary nature, does not constitute a binding commit­ under consideration, the concept of 'originating ment and, in particular, may be withdrawn wholly products' being determined in accordance with the or in part at a later date ; whereas this possibility may procedure laid down in Article 14 of Council be adopted inter alia with a view to remedying any Regulation (EEC) No 802/68 (2) of 27 June 1968 on unfavourable situations which might arise in the the common definition of the concept of the origin ACP States following the implementation of the of goods ; generalized preference scheme;

Whereas, moreover, the conference of Heads of State Whereas it is necessary to ensure equal and con­ or of Government of the Member States and , the tinuous access for all Community importers to the States acceding to the European Communities held abovementioned quotas and the uninterrupted appli­ in Paris from 19 to 21 October 1972 invited the cation of the rate laid down for those quotas to all imports of the products concerned into all Member Community institutions and the Member States pro­ gressively to adopt an overall policy of development States until those quotas are used up ; whereas, having regard to the principles defined above, the Commu­ cooperation on a world-wide scale comprising in nity nature of the quotas can be respected by allo­ particular the improvement of generalized preferences cating the Community tariff quota among Member with the aim of achieving a steady increase in imports States ; whereas, moreover, to this end and in the of manufactures from the developing countries ; context of the utilization system, the actual charges against the quotas may relate only to goods which Whereas tariff preferences have been applied from are entered for home use and which are accompanied the second half of 1971 under the conditions set out by a certificate of origin; above and whereas these preferences should continue to be applied thoughout 1976;

Whereas the application of the generally accepted principles in respect of the allocation of the Com­ Whereas , in accordance with Protocol 23 to the Act of Accession (1 ) the generalized tariff preferences munity tariff quotas which have been opened until now entails, under these circumstances and in view scheme has been applicable in the new Member of the variety of the products concerned and in view States from 1 January 1974 ; of the fact that the benefiting countries are specified, calculations which are all the more problematic in Whereas in respect of textile products, the complexity that the statistical data required sometimes prove to of the measures to be implemented, combined with be incomplete or not sufficiently accurate or repre­ the abovementioned aim of improving the generalized sentative ; whereas the time required for these cal­

(!) OJ No L 73 , 27. 3 . 1972, p. 14. (2) OJ No L 148, 28 . 6. 1968, p. 1 .

29 . 11.75 Official Journal of the European Communities 3

culations cannot be reconciled with the continuity the administration of the shares allocated to the necessary for the application of the tariff preferences Benelux Economic Union may be carried out by any concerned; whereas, under these conditions, it would one of its members, be advisable still at this stage to adopt a fixed scale for allocating the Community tariff quotas concerned among the Member States ; whereas, using as a basis HAS ADOPTED THIS REGULATION : general economic criteria relating to external trade, in textiles, the gross national product and population, the percentages for the initial shares of the Member Article 1 States in quota amounts are as follows for the quota year under consideration : 1 . From 1 January to 31 December 1976 the 27% Common Customs Tariff duties and the tariff duties Germany of the new Member States on the products listed Benelux 10% in Annex A shall be completely suspended within the framework of Community tariff quotas of vol­ France 19% umes which shall be expressed in metric tons and which shall be indicated against each product in Italy 14% column 3 of that Annex .

Denmark ' 7% 2. These tariff quotas shall be enjoyed solely by Ireland 1% products originating in the countries listed in Annex B. However, those imports which already enjoy United Kingdom 22% exemption from customs duties under other prefer­ ential tariff arrangements granted by the Community may not be charged against these tariff quotas. For Whereas, without affecting the Community nature the purposes of this Regulation, the concept of ori­ of the tariff quotas under consideration, it appears ginating products shall be determined in accordance possible to provide at this stage for a utilization with the procedure laid down in Article 14 of Regu­ scheme based on a single allocation among the lation (EEC ) No 802/68 . Member States ; whereas, moreover, the allocation set out by this Regulation in no way prejudices the 3 . The amount to be charged in respect of each possibility of adopting the general method of allo­ country referred to in paragraph 2 against each of cation of Community quotas comprising the setting the tariff quota amounts mentioned above shall be up of a reserve share ; whereas implementation of limited to the maximum amount given as a percen­ this principle in this particularly sensitive sector can, tage and in metric tons in column 4 of Annex A however, take place only progressively, yet must against each category of products. remain attuned to the methods of administration laid down in the general framework of the generalized tariff preference scheme; whereas at the present junc­ 4. Any amendment to Annex B, in particular by ture it appears feasible that such allocation could as the addition of new countries enjoying tariff pre­ a rule be made according to the percentages set out ferences, may entail a corresponding adjustment to in the table above ; whereas, however, one of the the volumes of the quotas and to the maximum new Member States, the Kingdom of Denmark, has amounts appearing in columns 3 and 4 of Annex A. for a number of years been importing relatively large quantities of certain cotton yarns and woven fabrics falling within heading Nos ex 55.05 and ex 55.09 Article 2 of the Common Customs Tariff from a number of developing countries and has therefore ceased to 1 . The Community tariff quotas referred to in produce the articles in question ; whereas this special Article 1 shall be allocated in shares which shall be, situation should temporarily continue to be taken for each Member State, the amounts corresponding into account and this Member State should be to quantities shown in column 5 of Annex A against granted an increased share without restricting the each category of products. access thereto of countries benefiting from generalized preferences ; 2 . The shares allocated to Denmark for certain pro­ ducts falling within heading Nos ex 55.05 and ex 55.09 shall be increased by an amount determined Whereas since the Kingdom of Belgium, the King­ in a footnote to Annex A. dom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Benelux Economic Union , all transactions concerning Article 1 (3 ) shall not apply to such an increase.

4 Official Journal of the European Communities 29 . 11 . 75

Article 3 countries listed in Annex B, against any one of the Community tariff quotas reach the maximum 1 . The Member States shall ensure free access to amount laid down in column 4 of Annex A, the the shares which have been allocated to them for Commission shall immediately notify the Member States of the date on which, as a result of this importers of the said goods established in their factor, the normal tariff is to be re-introduced in territory. respect of the country in question. This notification shall be published in the Official Journal of the 2. The extent to which a Member State has used up European Communities. its share shall be determined on the basis of the imports of the said goods which have been entered for home use, and which are accompanied by a cer­ Article 5 tificate of origin in accordance with the rules referred to in Article 1 (2). Member States shall inform the Commission at regu­ lar intervals of imports of the products in question actually charged against their share. 3 . Goods shall qualify for a tariff quota only if the certificate of origin referred to in paragraph 2 is submitted before the date on which the levying Article 6 of duties is re-introduced .

Member States and the Commission shall cooperate closely to ensure that the above Articles are observed. Article 4

Article 7 The Commission shall take all necessary measures to ensure that the maximum amount referred to in Article 1 (3 ) is observed. When the charges, at Com­ This Regulation shall enter into force on munity level, of products originating in each of the 1 January 1976.

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

Done at Brussels, 17 November 1975.

For the Council

The President

E. COLOMBO

29 . 11.75 Official Journal of the European Communities 5

ANNEX A

List of products subject to zero-duty Community tariff quotas under the generalized tariff preferences granted to developing countries

Maximum amount CCT Quota per country amount in Volume of shares allocated to heading Description (4) Order Member States in metric tons No metric No tons metric % ( 1 ) tons (2) (3) (5)

55.05 Cotton yarn, not put up for retail sale :

B. Other : II. Other : Measuring , per single yarn, per kg : 1 — 14 000 m or less 1248 30 374 Germany 336-96 Benelux 124*80 France 237*12 Italy 174*72 Denmark 87.36 Ireland 12-48 United Kingdom 274*56

2 — More than 14 000 m but not more than 40 000 m 4 712 30 1414 Germany 1 272*24 Benelux 471-20 France 895-28 Italy 659*68 Denmark (*) 329-84 Ireland 47*12 United Kingdom 1 036*64

3 — More than 40 000 m but not more than 80 000 m 1621 30 486 Germany 437-67 Benelux 162.10 France 307*99 Italy 226.94 Denmark (2) 113.47 Ireland 16-21 United Kingdom 356*62

4 — More than 80 000 m but less than 120 000 m 232 30 70 Germany 62.64 Benelux 23*20 France 44*08 Italy 32*48 Denmark 16*24 Ireland 2*32 United Kingdom 51*04

55.09 Other woven fabrics of cotton : A. Containing 85% or more by weight of cotton : ex I. Of a width of less than 85 cm : 5 — Unbleached 844 30 253 Germany 227.88 Benelux 84.40 France 160.36 Italy 118.16 Denmark 59*08 Ireland 8*44 United Kingdom 185.68

(l) Pursuant to Article 2 (2), this share is increased by 1 100-82 metric tons. (a) Pursuant to Article 2 (2), this share is increased by 597-01 metric tons .

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Maximum amount CCT Quota per country Volume of shares allocated to amount in (4) Order heading Description Member States in metric tons metric No No tons metric % tons 1 ) (2) 3 } 5)

55.09 II . Other : (cont'd) — Unbleached , of a width of : — 85 cm but not more than 6 115 cm or more 4 218 30 1265 Germany 1 138.86 Benelux 421-80 France 801-42 Italy 590-52 Denmark 295-26 Ireland 42.18 United Kingdom 927-96

7 More than 115 cm but not more than 165 cm 2 564 30 769 Germany 692-28 Benelux 256-40 France 487-16 Italy 358-96 Denmark (x) 179.48 Ireland 25-64 United Kingdom 564-08

8 More than 165 cm 827 30 248 Germany 223.29 Benelux 82*70 France 157.13 Italy 115.78 Denmark 57*89 Ireland 8.27 United Kingdom 181.94

9 Not specified 349 30 105 Germany 94.23 Benelux 34-90 France 66.31 Italy 48.86 Denmark (2) 24-43 Ireland 3.49 United Kingdom 76.78

ex 60.03 Stockings, under stockings, socks, ankle­ socks , sockettes and the like, knitted or crocheted, not elastic or rubberized : 10 — Of cotton 183 30 55 Germany 49*41 Benelux 18-30 France 34-77 Italy 25-62 Denmark 12-81 Ireland 1.83 United Kingdom 40-26

61.01 Men's and boys' outer garments :

11 — In woven fabrics of cotton 221 30 66 Germany 59.67 Benelux 22-10 France 41*99 Italy 30*94 Denmark 15-47 Ireland 2.21 United Kingdom 48.62

(*) Pursuant to Article 2 (2), this share is increased by 787-18 metric tons . (J) Pursuant to Article 2 (2), this share is increased by 1 177-88 metric tons .

29 . 11 . 75 Official Journal of the European Communities 7

Maximum amount CCT Quota per country amount in Volume of shares allocated to heading (4) Order Description Member States in metric tons metric No No tons metric % tons 1 ) (2) (3 ) (3)

12 61.01 Other 221 30 66 Germany 59-67 (cont'd) Benelux 22-10 France 41-99 Italy 30-94 Denmark 15-47 Ireland 2-21 United Kingdom 48-62

61.02 Women's, girls' and infants' outer gar­ ments : 13 — In woven fabrics of cotton 221 30 66 Germany 59-67 Benelux 22-10 France 41-99 Italy 30-94 Denmark *5-47 Ireland 2-21 United Kingdom 48-62

14 Other 221 30 66 Germany 59-67 Benelux 22-10 France 41-99 Italy . 30-94 Denmark 15-47 Ireland 2-21 United Kingdom 48-62

ex 61.03 Men's and boys' under garments, inclu­ ding collars, shirt fronts and cuffs : 15 — In woven fabrics other than cotton 221 30 66 Germany 59-67 Benelux 22-10 France 41-99 Italy 30-94 Denmark 15-47 Ireland 2-21 United Kingdom 48-62

62.02 Bed linen, table linen, toilet linen and kitchen linen; curtains and other fur­ nishing articles : 16 — In woven fabrics of cotton 183 30 55 Germany 49-41 Benelux 18-30 France 34-77 Italy 25-62 Denmark 12-81 Ireland 1-83 United Kingdom 40-26

17 Other 97 30 29 Germany 26-19 Benelux 9-70 France 18-43 Italy 13-58 Denmark 6-79 Ireland 0-97 United Kingdom 21-34

8 29 . 11 . 75 Official Journal of the European Communities

ANNEX B

List of developing countries benefiting under generalized tariff preferences from certain textile products

Afghanistan

Argentina

Bangladesh

Colombia

Costa Rica

Egypt, Arab Republic of

El Salvador

Guatemala

Haiti

India

Indonesia

Jamaica

Korea (South)

Malaysia

Mexico

Nicaragua

Pakistan

Paraguay

Philippines

Singapore

Sri Lanka

Thailand

Vietnam, Republic of