31975R3002

29 . 11.75 9 Official Journal of the European Communities

REGULATION (EEC) No 3002/75 OF THE COUNCIL of 17 November 1975

opening preferential tariffs for certain cotton textile and like products originating in developing countries

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

Whereas, in the offer made by the Community, the Whereas the offer made by the Community includes annual ceilings should normally be calculated on the a clause stating that the Community drew up the basis of the total value for 1968 of cif imports from offer on the assumption that all the main industrial­ the countries benefiting from this scheme, excluding ized countries which are members of the OECD those already enjoying various preferential tariff would participate in granting preferences and would arrangements granted by the Community (basic make similar efforts in this direction ; whereas, more­ amount) plus 5% of the value of cif imports from over, it is evident from the conclusions worked out the other countries and from countries already in UNCTAD that this offer, while being of a tem­ enjoying such arrangements (additional amount); porary nature, does not constitute a binding commit­ ment and, in particular, may be withdrawn wholly Whereas, however, in respect of cotton textile or in part at a later date; whereas this possibility products formerly covered by the long-term arrange­ may be adopted inter alia with a view to remedying ment regarding international trade in cotton textiles, any unfavourable situations which might arise in the offer made by the Community lays down that the the ACP States following the implementation of the preferences, in the form of duty-free ceilings generalized preference scheme;

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

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

Whereas, moreover, the conference of Heads of munity amount of 50% in respect of the products State or of Government of the Member States and originating in any of the abovementioned countries ; the States acceding to the European Communities held in Paris from 19 to 21 October 1972 invited Whereas, under these circumstances, these objectives the Community institutions and Member States may be reached by applying a method of adminis­ progressively to adopt an overall policy of develop­ tration based on the charging, at Community level, ment cooperation on a world-wide scale comprising against the abovementioned ceilings and maximum in particular the improvement of generalized pref­ amounts, of imports of the products concerned as erences with the aim of achieving a steady increase and when these products are presented for customs in imports of manufactures from the developing clearance under cover of declarations that they have countries ; been entered for home use and accompanied by a certificate of origin ; whereas this method of administration must make provision for the Whereas tariff preferences have been applied from re-introduction of customs duties as soon as the said the second half of 1971 under the conditions set out ceilings or maximum amounts are reached at Com­ above and whereas these preferences should continue munity level ; to be applied throughout 1976;

Whereas such method of administration calls for very close and particularly rapid cooperation be­ Whereas, in accordance with Protocol 23 to the Act tween Member States and the Commission, which of Accession (*) the generalized tariff preference must, in particular, be able to observe the extent to scheme has been applicable in the new Member which charges are made against the ceilings and States since 1 January 1974 ; maximum amounts and inform Member States thereof; whereas such cooperation should be particu­ larly close in view of the need for the Commission Whereas, in respect of textile products, the com­ to be able to take appropriate measures to re­ plexity of the measures to be implemented, combined introduce customs duties, either generally or indi­ with the abovementioned aim of improving the vidually, when any of the ceilings or maximum generalized preferences, could in 1974 and 1975 be amounts are reached, overcome normally only by means of successive flat-rate increases of around 50% and 5% in the ceilings fixed for 1973 , the calculations for the additional amount of the ceilings having already HAS ADOPTED THIS REGULATION : been made on the basis of 1970 figures ; whereas the same situation will again prevail in 1976, so that such improvement can be effected only by means Article 1 of a flat-rate increase of 5% in the ceilings fixed for 1975, corresponding, when rounded off upwards, 1 . From 1 January to 31 December 1976 the Com­ to 166% of the ceilings for 1973 ; mon Customs Tariff duties and the tariff duties of the new Member States on the products listed in Annex A shall, subject to Articles 2 and 4 (2) be Whereas, in respect of the products listed in Annex A totally suspended. originating in the countries listed in Annex B, the Community should therefore allow, for each category of these products during 1976, duty-free imports 2. This suspension shall be enjoyed solely by pro­ within the limits of the Community ceilings calcula­ ducts originating in the countries listed in Annex B. ted in the manner set out above ; whereas the benefit of such tariff exemption should be reserved for pro­ However, those imports which already enjoy exemp­ ducts originating in the countries under consider­ tion from customs duties under other preferential ation, the concept of 'originating products' being tariff arrangements granted by the Community shall determined in accordance with the procedure laid not be charged against the ceilings specified in para­ down in Article 14 of Council Regulation (EEC) graph 3 . For the purposes of this Regulation, the No 802/68 (2) of 27 June 1968 on the common concept of originating products shall be determined definition of the concept of the origin of goods ; in accordance with the procedure laid down in whereas charges against each of these ceilings must, Article 14 of Regulation (EEC) No 802/68 . as a general rule, come within a maximum Com­

3 . Subject to the provisions of Articles 2 and 4 (2) (*) OJ No L 73, 27. 3 . 1972, p . 14. this suspension shall be granted, in respect of each (2) OJ No L 148, 28. 6. 1968, p. 1 . category of products, within a Community ceiling

29 . 11.75 Official Journal of the European Communities 11

which shall be equal to 166% of the amount obtained Article 3 by adding together imports in 1968, expressed in metric tons, of the products concerned from the 1 . Imports of the products in question shall be countries listed in Annex B, excluding those actually charged against the Community ceilings and already enjoying various preferential tariff arrange­ maximum amounts as and when the goods are ments granted by the Community, and 5% of the entered for home use, and provided that they are tonnage of imports in 1970 from other countries accompanied by a certificate of origin pursuant to and from countries already enjoying such arrange­ the rules referred to in Article 1 (2). ments . 2. Goods may be charged against a ceiling or maxi­ 4. Subject to the provisions of Articles 2 and 4 (2), mum amount only if the certificate of origin referred within each ceiling thus calculated, charges of to above is presented before the date on which the products originating in any one of the countries levying of duties is re-introduced. listed in Annex B should not exceed a Community maximum amount equivalent to 50% of this ceiling 3 . The extent to which the ceilings and maximum with the exception of certain products for which the amounts have been actually filled shall be determined maximum amount shall be reduced to the percentage at Community level on the basis of the imports shown in Annex A. charged in accordance with paragraphs 1 and 2.

5 . Any amendment to Annex B, in particular by the addition of new countries enjoying tariff preferences, Article 4 may entail a corresponding adjustment to the Com­ munity ceilings and the maximum amounts referred to in paragraphs 3 and 4. 1 . The Commission, in close cooperation with the Member States, shall take all necessary measures to ensure that the above provisions are applied. Article 2 2. The Commission shall re-introduce the levying of 1 . As soon as the ceilings calculated in accordance customs duties in respect of all the countries referred with the provisions of Article 1 (3 ), which are laid to in Article 1 (2) or in respect of any one of them down for Community imports of products orig­ by means of a Regulation in the conditions laid inating in all of the countries referred to in Article 1 down in Article 2 ( 1 ) and (2). (2) are reached at Community level, the levying of customs duties on imports of the products in question from all the countries concerned may at any time be Article 5 re-introduced until the end of the period referred to in Article 1(1 ). Member States shall inform the Commission at regular intervals of imports of the products in 2 . As soon as the maximum amounts calculated in question actually charged against the Community accordance with the provisions of Article 1 (4) which ceilings and maximum amounts laid down in Article are laid down for Community imports of products 1 (3) and (4). originating in each of the countries referred to in Article 1 (2) are reached for any one of these coun­ tries at Community level, the levying of the customs Ahicle 6 duties on imports of the products in question from the country concerned may at any time be re-intro­ duced until the end of the period referred to in This Regulation shall enter into force on Article 1 ( 1 ). 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

12 29 . 11 . 75 Official Journal of the European Communities

ANNEX A

List of products originating in developing countries to which the generalized tariff preferences for certain textile products will apply (a)

CCT Order heading Description No No

CHAPTER 54

1 54.05 Woven fabrics of flax or of ramie

CHAPTER 55

55.05 Cotton yarn , not put up for retail sale : 2 A. Multiple or cabled, finished, in balls or on cards, reels, tubes or similar supports, of a weight (including support) not exceeding 900 g B. Other : 3 I. Measuring, per single yarn, 120 000 m or more per kg

4 55.06 Cotton yarn, put up for retail sale

5 55.07 Cotton gauze

6 55.08 Terry towelling and similar terry fabrics of cotton

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 : 7 — Other than raw cotton (*) 8 B. Other

CHAPTER 56

56.05 Yarn of man-made fibres (discontinuous or waste), not put up for retail sale : 9 B. Of regenerated textile fibres

( a ) Products qualifying, under the 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 these arrangements. (') For products falling within subheading 55.09 A ex I (other than raw cotton), the maximum Community amount re­ ferred to in Article 1 (4 ) is reduced to 30 % .

29 . 11.75 Official Journal of the European Communities 13

CCT Order heading Description No No

56.07 Woven fabrics of man-made fibres (discontinuous or waste): I

10 B. Of regenerated textile fibres

CHAPTER 58

11 58.04 Woven pile fabrics and chenille fabrics (other than terry towelling or similar terry fabrics of cotton falling within heading No 55.08 and fabrics falling within heading No 58.05) 12 58.10 Embroidery, in the piece, in strips or in motifs

CHAPTER 60

60.01 Knitted or crocheted fabric, not elastic or rubberized : f B. Of man-made fibres 13 [ C. Of other textile materials

14 ex 60.02 Gloves, mittens and mitts, knitted or crocheted, not elastic or rubberized, of cotton (*)

60.04 Under garments, knitted or crocheted, not elastic or rubberized: 15 A. Of cotton (2)

60.05 Outer garments and other articles, knitted or crocheted, not elastic or rubberized : A. Outer garments and clothing accessories : \\\

16 ex II. Other, of cotton (2) ex B. Other, of cotton (2)

60.06 Knitted or crocheted fabric and articles thereof; elastic or rubberized ( including elastic knee-caps and elastic stockings): 17 A. Fabric

CHAPTER 61

ex 61.03 Men's and boys' under garments, including collars, shirt fronts and cuffs : 18 — Of cotton fabric (*)

19 ex 61.04 Women's, girls' and infants' under garments of cotton fabric

(x) For products falling within heading Nos 60.02 (of cotton) and ex 61.03 (of cotton), the maximum Community amount referred to in Article 1 (4) is reduced to 30 % . (2) For products falling within subheadings 60.04 A, 60.05 A ex II and 60.05 ex B (of cotton fabric), the maximum Community amount referred to in Article 1 (4 ) is reduced to 30 % .

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

CCT Order heading Description No No

61.05 Handkerchiefs : 20 — Of cotton fabric 21 — Of fabrics other than cotton

CHAPTER 62

62.01 Travelling rugs and blankets : B. Other : I. Of cotton 22

23 62.03 Sacks and bags, of a kind used for the packing of goods : B. Of other textile materials : I. Used : ex b) Other: — Of cotton ex II . Other : — Of cotton

24 62.04 Tarpaulins, sails, awnings, sunblinds, tents and camping goods

29 . 11.75 Official Journal of the European Communities 15

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