31975R3003

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

REGULATION (EEC) No 3003/75 OF THE COUNCIL

of 17 November 1975

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES, calculated each year on the basis of the latest figures available, provided that this entails no reduction in the ceiling; Having regard to the Treaty establishing the European Economic Community ; Whereas, however, in view of the special nature which trade in the majority of textile products Having regard to the proposal from the Commission ; referred to in this Regulation may have, it appears generally expedient to calculate in terms of tonnages the ceilings for the preferential imports of such Having regard to the Opinion of the European products, taking due account of deliveries effected Parliament (*); by the beneficiary countries alone ; whereas, more­ over, particularly in view of the high level of deliveries of the products in question to the Whereas, within the context of UNCTAD , the Community by the third countries concerned, it European Economic Community offered to grant appears appropriate, except in particular instances, to tariff preferences on finished and semi-finished restrict preferential imports from any single products coming from developing countries ; whereas beneficiary country to 20 or 30% of the ceiling laid the preferential treatment proposed in that offer down for each category of products concerned; covers, generally speaking, all finished and semi-finished industrial products covered by Chapters 25 to 99 of the Brussels Nomenclature which Whereas the offer made by the Community includes originate in developing countries ; whereas the a clause stating that the Community drew up the preference consists in the granting of exemption from offer on the assumption that all the main customs duties ; whereas preferential imports are industrialized countries which are members of the effected up to the level of ceilings calculated by value OECD would participate in granting preferences and in respect of each product on the basis of factors would make similar efforts in this direction ; whereas, which are uniform for all the products ; whereas, in moreover, it is evident from the conclusions worked order that the preferences granted to the most out in UNCTAD that this offer, while being of a competitive developing country or countries should temporary nature, does not constitute a binding be restricted and that a substantial share should be commitment and, in particular, may be withdrawn reserved for the least competitive, preferential wholly or in part at a later date ; whereas this imports from any one developing country in respect possibility may be adopted inter alia with a view to of a given product should not, as a general rule, remedying any unfavourable situations which might exceed 50% of the ceiling fixed for that product ; arise in the ACP States following the implementation of the generalized preference scheme ;

Whereas, in the offer made by the Community, the annual ceilings should normally be calculated on the basis of the total value for 1968 of cif imports from Whereas, moreover, the conference of Heads of State the countries benefiting from this scheme, excluding or of Government of the Member States and the those already enjoying various preferential tariff States acceding to the European Communities held in Paris from 19 to 21 October 1972 invited the arrangements granted by the Community (basic amount), plus 5% of the value of cif imports from Community institutions and the Member States the other countries and from the countries already progressively to adopt an overall policy of enjoying such arrangements ( additional amount); development cooperation on a world-wide scale whereas such additional amount is variable and is comprising in particular the improvement of generalized preferences with the aim of achieving a steady increase in imports of manufactures from the H OJ No C 257, 10 . 11 . 1975 , p. 30 . developing countries ;

29 . 11 . 75 Official Journal of the European Communities 17

Whereas tariff preferences have been applied from above, the Community nature of the quotas can be the second half of 1971 under the conditions set out respected by allocating the Community tariff quota above and whereas these preferences should continue among Member States ; whereas, moreover, to this to be applied throughout 1976; end and in the context of the utilization system, the actual charges against the quotas may relate only to products which are entered for home use and which Whereas, in accordance with Protocol 23 to the Act are accompanied by a certificate of origin; of Accession (*) the generalized tariff preference scheme has been applicable in the new Member States since 1 January 1974 ; Whereas the application of the generally accepted principles in respect of the allocation of the Community tariff quotas which have been opened Whereas, having regard to the terms of the offer hitherto entails under these circumstances, in view of concerned and to the need to improve the generalized the variety of the products concerned and the fact preferences the abovementioned basic and additional that the beneficiary countries are specified, calcu­ amounts should normally refer to 1971 ; whereas, lations which are all the more problematic in that however, in respect of textile products, the the statistical data required sometimes prove to complexity of the measures to be implemented, be incomplete or not sufficiently accurate or combined with the abovementioned aim of improving representative ; whereas the time required for these the generalized preferences, could in 1974 and 1975 calculations cannot be reconciled with the continuity be overcome only by means of successive flat-rate necessary for the application of the tariff preferences increases of around 50% and 5% in the ceilings fixed concerned ; whereas , under these conditions , it would for 1973 ; whereas the same situation will again be advisable still at this stage to adopt a fixed scale prevail in 1976, so that such improvement can be for allocating the Community tariff quotas concerned effected only by means of a flat-rate increase of 5% among the Member States ; whereas, using as a basis in the ceilings fixed for 1975 ; general economic criteria relating to external trade either as a whole or in the textile sector alone, the gross national product and population, the Whereas it is expedient, therefore, in respect of the percentages jfor the initial shares of the Member products referred to in Annex A which originate in States in the quota amounts are as follows for the the countries listed in Annex B, that the Community quota year under consideration : should open, for 1976, duty-free Community tariff quotas within the limits of the amounts in units of account or metric tons given in respect of each of Germany 27% these products ; Benelux 10%

Whereas charges against each of these tariff quotas France 19% must, in respect of the products originating in any of the abovementioned countries, come within a Italy 14% specified percentage of the amount of the quota ; Denmark 7% whereas the benefit of such tariff quotas should be reserved for products originating in the countries Ireland 1% under consideration, the concept of 'originating products' being determined in accordance with the United Kingdom 22% procedure laid down in Article 14 of Council Regu­ lation (EEC) No 802/68 (2 ) of 27 June 1968 on the common definition of the concept of the origin of Whereas, without affecting the Community nature goods ; of the tariff quotas under consideration, it appears possible to provide at this stage for a utilization Whereas it is necessary to ensure equal and scheme based on a single allocation among the continuous access for all Community importers to the Member States ; whereas, moreover, the allocation abovementioned quotas and the uninterrupted set out by this Regulation in no way prejudices the application of the rate laid down for those quotas to possibility of adopting the general method of all imports of the products concerned into all allocation of Community tariff quotas comprising the Member States until those quotas are used up ; setting up of a reserve share ; whereas implementation whereas, having regard to the principles set out of this principle in this particularly sensitive sector can, however, take place only progressively, yet must remain attuned to the methods of administration laid down in the general framework of the generalized (!) OJ No L 73 , 27. 3 . 1972, p . 14. tariff preference scheme ; whereas at the present (2 ) OJ No L 148 , 28 . 6. 1968 , p. 1 . juncture it appears feasible that such allocation could

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

be made according to the percentages set out in the 3 . The amount to be charged in respect of each table above; whereas, however, as regards certain country referred to in paragraph 2 against each of yarn and woven fabrics of synthetic textile fibres and the tariff quota amounts mentioned above shall be sisal twine falling within heading Nos 51.04 and ex limited to the maximum amount given as a percentage 59.04, and subheadings 56.05 A and 56.07 A of the or in metric tons in column 4 of Annex A against Common Customs Tariff, one new Member State, each category of products. the Kingdom of Denmark, has for some years been importing these at a relatively high level from certain 4. Any amendments to Annex B, in particular by developing countries and has therefore ceased to the addition of new countries enjoying tariff produce the articles in question ; whereas, this special preferences, may entail a corresponding adjustment situation should temporarily continue to be taken to the amounts of the quotas and to the maximum into account and this Member State should be amounts appearing in columns 3 and 4 of Annex A. granted an increased share without restricting the access thereto of countries benefiting from generalized Article 2 preferences ;

1 . The Community tariff quotas referred to in Whereas since the Kingdom of Belgium, the Kingdom Article 1 shall be allocated in shares which shall be, of the Netherlands and the Grand Duchy of for each Member State, the amounts corresponding Luxembourg are united in and represented by the to the quantities shown in column 5 of Annex A Benelux Economic Union, all transactions concerning against each category of products. the administration of the shares allocated to the Benelux Economic Union may be carried out by any 2. The shares allocated to Denmark for certain one of its members, products falling within heading Nos 51.04 and ex 59.04, and subheadings 56.05 A and 56.07 A shall be increased by an amount determined by a footnote to Annex A.

HAS ADOPTED THIS REGULATION : Article 1 (3 ) shall not apply to such an increase.

Article3¶

1 . The Member States shall ensure free access to the shares which have been allocated to them for 1 . From 1 January to 31 December 1976 the Common Customs Tariff duties and the tariff duties importers of the said goods who are established in their territory. of the new Member States on the products listed in Annex A shall be completely suspended within the 2 . The extent to which the shares of Member States framework of Community tariff quotas of volumes which shall be expressed in metric tons and which have been actually used up shall be determined on shall be indicated in respect of each product in the basis of imports of the said goods which have column 3 of that Annex . been entered for home use and which are accompanied by a certificate of origin in accordance with the rules referred to in Article 1 (2). 2. These tariff quotas shall be enjoyed solely by products originating in the countries listed in Annex 3 . Goods shall qualify for a tariff quota only if the B. However, those imports which already enjoy certificate of origin referred to in paragraph 2 is exemption from customs duties under other presented before the date on which the levying of preferential tariff arrangements granted by the duties is re-introduced. Community may not be charged against these tariff quotas . For the purpose of this Regulation, the Article 4 concept of originating products shall be determined in accordance with the procedure laid down in Article 14 of Regulation (EEC) No 802/68 . 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 With regard to carpets, carpeting and rugs, Community level, of products originating in each of mentioned in Annex A and falling within subheading the countries listed in Annex B against any one of the 58.01 ex A, the certificates of origin for these Community tariff quotas reach the maximum amount products shall state the number of knots per metre laid down in column 4 of Annex A, the Commission of warp. shall immediately notify the Member States of the

29 . 11.75 Official Journal of the European Communities 19

date on which, as a result of this fact, the normal Article 6 tariff is to be re-introduced in respect of the country in question. This notification shall be published in the Member States and the Commission shall cooperate Official Journal of the European Communities . closely to ensure that the above Articles are observed.

Article 5 Article 7 Member States shall inform the Commission at regular intervals of imports of the products in This Regulation shall enter into force on 1 January question actually charged against their shares. 1976 .

i

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

20 Official Journal of the European Communities 29 . 11.75

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

1 51.01 Yarn of man-made fibres (continuous), 1489 50 745 Germany 402-03 not put up for retail sale : Benelux 148.90 France 282-91 A. Yarn of synthetic textile fibres Italy 208*46 Denmark 104*23 B. Yarn of regenerated textile fibres : Ireland 14-89 United Kingdom 327*58 II. Other

2 51.04 Woven fabrics of man-made fibres 364 30 109 Germany 98.28 (continuous), including woven fabrics of Benelux 36*40 monofil or strip of heading No 51.01 or France 69*16 51.02 Italy 50.96 Denmark (*) 25*48 Ireland 3.64 United Kingdom 80.08

3 56.05 Yarn of man-made fibres (discontinuous 604 20 121 Germany 163.08 or waste), not put up for retail sale : Benelux 60*40 France 114.76 A. Of synthetic textile fibres Italy 84.56 Denmark (2) 42*28 Ireland 6.04 United Kingdom 132.88

4 56.07 Woven fabrics of man-made fibres 563 30 169 Germany 152.01 (discontinuous or waste) : Benelux 56*30 France 106.97 A. Of synthetic textile fibres Italy 78.82 Denmark (3) 39-41 Ireland 5.63 United Kingdom 123.86

i1) Pursuant to Article 2 (2) this share is increased by 26• 90 metric tons. (a) Pursuant to Article 2 (2 ) this share is increased by 61-64 metric tons. (s) Pursuant to Article 2 (2) this share is increased by 464-30 metric tons.

29 . 11 . 75 Official Journal of the European Communities 21

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

58.01 Carpets , carpeting and rugs , knotted (made up or not) :

ex A. Of wool or of fine animal hair, containing per metre of warp : 5 — 350 rows of knots or less 2 835 30 850 Germany 765-45 Benelux 283-50 France 538-65 Italy 396-90 Denmark 198-45 Ireland 28-35 United Kingdom 623-70

6 — More than 350 rows of knots 2 315 30 695 Germany 625-05 but not more than 500 rows of Benelux 231-50 knots France 439-85 Italy 324-10 Denmark 162-05 Ireland 23-15 United Kingdom 509-30

ex 59.04 Twine, cordage, ropes and cables, plaited or not : 7 — Of hemp 2 646 30 794 Germany 714-42 Benelux 264-60 France 502-74 Italy 370-44 Denmark 185-22 Ireland 26-46 United Kingdom 582-12

8 — Of sisal (agave sisalana) 662 30 199 Germany 178-74 Benelux 66-20 France 125-78 Italy 92-68 Denmark (') 46-34 Ireland 6-62 United Kingdom 145-64

9 — Of synthetic textile fibres 637 30 191 Germany 171-99 Benelux 63-70 France 121-03 Italy 89-18 Denmark 44-59 Ireland 6-37 United Kingdom 140-14

10 — Other, other than of coir 497 30 149 Germany 134-19 Benelux 49-70 France 94-43 Italy 69-58 Denmark 34-79 Ireland 4-97 United Kingdom 109-34

y1) Pursuant to Article 2 (2) this share is increased by 158 metric tons.

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

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

11 ex 60.03 Stockings, under stockings, socks , ankle­ 282 30 85 Germany 76.14 socks , sockettes and the like, knitted or Benelux 28-20 crocheted, not elastic or rubberized : France 53.58 Italy 39-48 — Other than of cotton Denmark 19-74 Ireland 2.82 United Kingdom 62.04

12 60.04 Under garments, knitted or crocheted, 1820 20 364 Germany 491-40 not elastic or rubberized : Benelux 182.00 France 345-80 B. Of other textile materials Italy 254-80 Denmark 127.40 Ireland. 18-20 United Kingdom 400-40

13 60.05 Outer garments and other articles, 547 30 164 Germany 147.69 knitted or crocheted, not elastic or rub­ Benelux 54.70 berized : France 103.93 Italy 76.58 A. Outer garments and clothing Denmark 38*29 accessories . Ireland 5*47 ex II. Other, other than of cotton United Kingdom 120*34

ex B. Other, other than of cotton

29 . 11 . 75 Official Journal of the European Communities 23

ANNEX B

List of developing countries and territories enjoying generalized tariff preferences

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