31975R3004

24 Official Journal of the European Communities 29.11.75

REGULATION (EEC) No 3004/75 OF THE COUNCIL of 17 November 1975

opening preferential tariffs for certain textile products originating in developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES, referred to in this Regulation, it is expedient to calculate the ceilings concerned in terms of metric Having regard to the Treaty establishing the tons ; European Economic Community ;

Whereas the offer made by the Community includes Having regard to the proposal from the Commission ; a clause stating that the Community ■ drew up the offer on the assumption that all the main Having regard to the Opinion of the European industrialized countries which are members of the Parliament (*); OECD would participate in granting preferences and would make similar efforts in this direction ; whereas, Whereas, within the context of UNCTAD, the moreover, it is evident from the conclusions worked European Economic Community offered to grant out in UNCTAD that this offer, while being of a tariff preferences on finished and semi-finished temporary nature, does not constitute a binding products coming from developing countries ; whereas commitment and, in particular, may be withdrawn the preferential treatment proposed in that offer wholly or in part at a later date ; whereas this covers, generally speaking, all finished and semi­ possibility may be adopted inter alia with a view to finished industrial products covered by Chapters 25 remedying any unfavourable situations which might to 99 of the Brussels Nomenclature which originate arise in the ACP States following the implementation in developing countries ; whereas the preference of the generalized preference scheme; consists in the granting of exemption from customs duties ; whereas preferential imports are effected up to the level of ceilings calculated by value in respect Whereas, moreover, the conference of Heads of of each product on the basis of factors which are State or of Government of the Member States and uniform for all the products ; whereas in order that the States acceding to the European Communities the preferences granted to the most competitive held in Paris from 19 to 21 October 1972 invited the developing country or countries should be restricted Community institutions and the Member States to and that a substantial share should be reserved for adopt an overall policy of development cooperation the least competitive, preferential imports from any on a world-wide scale comprising in particular the one developing country in respect of a given product improvement of generalized preferences with the aim should not, as a general rule, exceed 50% of the of achieving a steady increase in imports of ceiling fixed for that product; manufactures from the developing countries ;

Whereas, in the offer made by the Community, the Whereas tariff preferences have been applied from annual ceilings should normally be calculated on the the second half of 1971 under the conditions set out basis of the total value for 1968 of cif imports from above and whereas these preferences should the countries benefiting from this scheme, excluding continue to be applied throughout 1976; those already enjoying various preferential tariff arrangements granted by the Community, (basic amount) plus 5% of the value of cif imports from Whereas, in accordance with Protocol 23 to the Act the other countries and from the countries already of Accession (2) the generalized tariff preference enjoying such arrangements (additional amount); scheme has been applicable in the new Member whereas such additional amount is variable and is States since 1 January 1974 ; calculated each year on the basis of the latest figures available, provided that this entails no reduction in the ceiling; whereas, however, in view of the special Whereas, having regard to the terms of the offer nature of the trade in most of the textile products concerned and to the need to improve the generalized

(x) OJ No C 257, 10. 11 . 1975, p. 30. (2) OJ No L 73, 27. 3 . 1972, p. 14.

29 . 11.75 Official Journal of the European Communities 25

preferences, the abovementioned basic and additional such cooperation should be particularly close in view amounts should normally refer to 1971 ; whereas, of the need for the Commission to be able to take however, in respect of textile products, the appropriate measures to re-introduce customs duties complexity of the measures to be implemented, either generally or individually, when any of the combined with the abovementioned aim of ceilings or maximum amounts are reached, improving the generalized preferences, could in 1974 and 1975 be 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 HAS ADOPTED THIS REGULATION : additional amount of the ceilings having already been made on the basis of 1970 figures ; whereas the same situation will again prevail in 1976, so that such Article 1 improvement can be effected only be means of a flat­ rate increase of 5% in the ceilings fixed for 1975 , corresponding, when rounded off upwards, to 166% 1 . From 1 January to 31 December 1976 the of the ceilings for 1973 ; Common 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 it is expedient, therefore, in respect of the totally suspended. products referred to in Annex A which originate in the countries listed in Annex B, that the Community should allow, for each category of these products and 2. This suspension shall be enjoyed solely by throughout 1976, duty-free imports within the limits products originating in the countries listed in of the Community ceilings calculated in the manner Annex B. set out above; whereas the benefit of such tariff exemption should be reserved for products originating in the countries under consideration, the However, those imports which already enjoy concept of 'originating products' being determined exemption from customs duties under other in accordance with the procedure laid down in preferential tariff arrangements granted by the Article 14 of Council Regulation (EEC) No 802/ Community shall not be charged against the ceilings 68 (*) of 27 June 1968 on the common definition of specified in paragraph 3 . For the purposes of this the concept of the origin of goods ; whereas charges Regulation, the concept of originating products shall, against each of these ceilings must, as a general rule, be determined in accordance with the procedure laid come within a maximum Community amount of 50% down in Article 14 of Regulation (EEC) No 802/68 . in respect of the products originating in any of the abovementioned countries ; With regard to carpets, carpeting and rugs, mentioned in Annex A and falling within subheading 58.01 ex Whereas, under these circumstances, these objectives A, the certificates of origin for these products shall may be reached by applying a method of state the number of knots per metre of warp . administration based on the charging, at Community level, against the abovementioned ceilings and maximum amounts, of imports of the products 3 . Subject to the provisions of Articles 2 and 4 (2) concerned as and when these products are entered this suspension shall be granted within a Community for home use, and are accompanied by a certificate of ceiling expressed in metric tons, which shall be equal origin ; whereas this method of administration must to 166% of the amount obtained by adding together, make provision for the re-introduction of customs on the one hand, the imports of the relevant textile duties as soon as the said ceilings or maximum products to the Community in 1968 from the amounts are reached at Community level ; countries listed in Annex B, excluding those already enjoying various preferential tariff arrangements granted by the Community, and, on the other hand, Whereas such method of administration calls for 5% of the tonnage of imports in 1970 from other very close and particularly rapid cooperation between countries and from countries already enjoying such Member States and the Commission, which must, in arrangements . particular, be able to observe the extent to which charges are made against the ceilings and maximum amounts and inform Member States thereof; whereas 4. Subject to Articles 2 and 4 (2), within each ceiling thus calculated, charges of products originating in any one of the countries listed in Annex B should not exceed a Community maximum amount (*) OJ No L 148, 28 . 6. 1968, p. 1 . equivalent to 50% of this ceiling, with the exception

26 Official Journal of the European Communities 29 . 11.75

of certain products in respect of which the maximum accompanied by a certificate of origin pursuant to amount has been reduced to the percentage shown the rules laid down in Article 1 (2). in Annex A. 2. Goods may be charged against a ceiling or 5 . Any amendment to Annex B, in particular by the maximum amount only if the certificate of origin referred to above is presented before the date on addition of new countries enjoying tariff preferences, may entail a corresponding adjustment to the Com­ which the levying of duties is re-introduced. munity ceilings and the maximum amounts referred to in paragraphs 3 and 4. 3 . The extent to which the ceilings and maximum amounts have been actually filled shall be determined at Community level on the basis of the imports charged in accordance with paragraphs 1 and 2. Article 2

1 . As soon as the ceilings calculated in accordance Article 4 with the first subparagraph of Article 1 (3 ), which are, laid down for Community imports of products 1 . The Commission, in close cooperation with the originating in all of the countries referred to in Article 1 (2), are reached at Community level, the Member States, shall take all necessary measures to ensure that the above provisions are applied. levying of customs duties on imports of the products in question from all the countries concerned may be re-introduced until the end of the period referred 2. The Commission shall re-introduce the levying of to in Article 1(1 ). customs duties in respect of all the countries referred to in Article 1 (2) or in respect of any one of them 2. As soon as the maximum amounts calculated in by means of a Regulation in the conditions laid down in Article 2 ( 1 ) and (2). accordance with Article 1 (4), which are laid down for Community imports of products originating in each of the countries referred to in Article 1 (2), are reached for any one of these countries at Community Article 5 level, the levying of the customs duties on imports of the products in question from the country Member States shall inform the Commission at concerned may at any time be re-introduced until the regular intervals of imports of the products in end of the period referred to in Article 1 ( 1 ). question actually charged against the Community ceiling and maximum amounts laid down in Article 1 (3 ) and (4). Article 3

Article 6 1 . Imports of the products in question shall be actually charged against the Community ceilings and maximum amounts as and when the products are This Regulation shall enter into force on 1 January entered for home use and provided that they are 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 27

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 50 I

1 50.04 Silk yarn, other than yarn of noil or other waste silk, not put up for retail sale

2 50.05 Yarn spun from silk waste other than noil, not put up for retail sale

3 50.06 Yarn spun from noil silk , not put up for retail sale

4 50.07 Silk yarn and yarn spun from noil or other waste silk, put up for retail sale

5 50.08 Silk-worm gut ; imitation catgut of silk

6 50.09 Woven fabrics of silk or of waste silk other than noil

7 50.10 Woven fabrics of noil silk

CHAPTER 51

8 51.02 Monofil , strip ( artificial straw and the like) and imitation catgut, of man-made fibre materials

9 51.03 Yarn of man-made fibres ( continuous), put up for retail sale

10 CHAPTER 52 METALLIZED TEXTILES

CHAPTER 53

11 53.06 Yarn of carded sheep's or lambs' wool (woolLen yarn), not put up for retail sale

12 53.07 Yarn of combed sheep's or lambs' wool (worsted yarn), not put up for retail sale

13 53.08 Yarn of fine animal hair ( carded or combed), not put up for retail sale

(a) Products qualifying, under the ordinary 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 the present arrangements .

28 Official Journal of the European Communities 29.11.75

CCT Order heading Description No No

14 53.09 Yarn of horsehair or of other coarse animal hair, not put up for retail sale

15 53.10 Yarn of sheep's or lambs' wool, of horsehair or of other animal hair (fine or coarse ), put up for retail sale

16 53.11 Woven fabrics of sheep's or lambs ' wool or of fine animal hair

17 53.12 Woven fabrics of coarse animal hair other than horsehair

18 53.13 Woven fabrics of horsehair

CHAPTER 54

19 54.03 Flax or ramie yarn, not put up for retail sale

20 54.04 Flax or ramie yarn, put up for retail sale

CHAPTER 56

21 56.01 Man-made fibres ( discontinuous), not carded, combed or otherwise prepared for spinning ( J)

22 56.02 Continuous filament tow for the manufacture of man-made fibres ( discontinuous) (*)

23 56.03 Waste ( including yarn waste and pulled or garnetted rags) of man­ made fibres ( continuous or discontinuous), not carded, combed or otherwise prepared for spinning (*)

24 56.04 Man-made fibres (discontinuous or waste), carded, combed or other­ wise prepared for spinning

25 56.06 Yarn of man-made fibres ( discontinuous or waste), put up for retail sale

CHAPTER 57

26 57.05 Yarn of true hemp

27 57.07 Yarn of other vegetable textile fibres : B. Other

28 57.08 Paper yarn

29 57.09 Woven fabrics of true hemp

(*) For products falling within this heading, the maximum Community amount referred to in Article 1 (4) is reduced to 30 % .

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

CCT Order heading Description No No

30 ex 57.11 Woven fabrics of other vegetable textile fibres, excluding those of coir

31 57.12 , Woven fabrics of paper yarn

CHAPTER 58

58.01 Carpets , carpeting and rugs, knotted (made up or not): 32 ex A. Of more than 500 knots : 33 B. Of silk, or waste silk other than noil, of synthetic textile fibres, of yarn falling within heading No 52.01 or of metal threads 34 ex C. Of other textile materials other than jute or other textile bast fibres of heading No 57.03 or coir

58.02 Other carpets, carpeting, rugs, mats and matting, and 'Kelem ', ' Schumacks' and ' Karamanie' rugs and the like (made up or not): 35 ex A. Carpets, whether tufted or not other than of jute or other textile bast fibres of heading No 57.03 or coir 36 B. 'Kelem', 'Schumacks' and 'Karamanie' rugs and the like ||

37 58.03 Tapestries, hand-made, of the type Gobelins," Flanders, Aubusson, Beauvais and the like, and needle-worked tapestries (for example, petit point and cross stitch) made in panels and the like by hand

38 58.05 Narrow woven fabrics, and narrow fabrics (bolduc) consisting of warp without weft assembled by means of an adhesive, other than goods falling within heading No 58.06 '

39 58.06 Woven labels, badges and the like, not embroidered, in the piece, in strips or cut to shape or size

40 58.07 Chenille yarn (including flock chenille yarn), gimped yarn (other than metallized yarn of heading No 52.01 and gimped horsehair yarn); braids and ornamental trimmings in the piece ; tassels, pompons and the like

41 58.08 Tulle and other net fabrics ( but not including woven, knitted or crocheted fabrics), plain

42 58.09 Tulle and other net fabrics (but not including woven, knitted or crocheted fabrics), figured ; hand or mechanically made lace, in the piece, in strips or in motifs

CHAPTER 59

43 59.01 Wadding and articles of wadding; textile flock and dust and mill neps

44 59.02 Felt and articles of felt, whether or not impregnated or coated

45 59.03 Bonded fibre fabrics, similar bonded yarn fabrics, and articles of such fabrics, whether or not impregnated or coated

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

CCT Order heading Description No No

46 59.05 Nets and netting made of twine, cordage or rope, and made up fishing nets of yarn, twine, cordage or rope

47 59.06 Other articles made from yarn, twine, cordage, rope or cables other than textile fabrics and articles made from such fabrics

48 59.07 Textile fabrics coated with gum or amylaceous substances of a kind used for the outer covers of books and the like; tracing cloth ; prepared painting canvas; buckram and similar fabrics for hat foundations and similar uses

49 59 . 08 Textile fabrics impregnated, coated, covered or laminated with pre­ parations of cellulose derivatives or of other artificial plastic materials

50 59.09 Textile fabrics coated or impregnated with oil or preparations with a basis of drying oil

51 59.10 Linoleum and materials prepared on a textile base in a similar manner to linoleum, whether or not cut to shape or of a kind used as floor coverings ; floor coverings consisting of a coating applied on a textile base, cut to shape or not

52 59.11 Rubberized textile fabrics, other than rubberized knitted or crocheted goods

53 59.12 Textile fabrics otherwise impregnated or coated ; painting canvas being theatrical scenery, studio back-cloths or the like

54 59.13 Elastic fabrics and trimmings (other than knitted or crocheted goods) consisting of textile materials combined with rubber threads

55 59.14 Wicks, of woven , plaited or knitted textile materials, for lamps, stoves, lighters, candles and the like ; tubular knitted gas-mantle fabric and incandescent gas mantles

56 59.15 Textile hosepiping and similar tubing, with or without lining, armour or accessories of other materials

57 59.16 Transmission, conveyor or elevator belts or belting, of textile material , whether or not strengthened with metal or other material 58 59.17 Textile fabrics and textile articles of a kind commonly used in machinery or plant

CHAPTER 60

59 60.01 Knitted or crocheted fabrics, not elastic or rubberized :

A. Of wool or of fine animal hair

29 . 11 . 75 Official Journal of the European Communities 31

CCT Order heading Description No No

60 ex 60.02 Gloves, mittens and mitts, knitted or crocheted, not elastic or rub­ berized , other than of cotton

61 60.05 Outer garments and other articles, knitted or crocheted, not elastic or rubberized :

A. Outer garments and clothing accessories :

I. Jerseys and pullovers, containing at least 50% by weight of wool and weighing 600 g or more per article (*)

62 60.06 Knitted or crocheted fabric and articles thereof, elastic or rubberized ( including elastic knee-caps and elastic stockings):

B. Other

CHAPTER 61

63 ex 61.04 Women's , girls ' and infants ' under garments, other than of cotton

64 61.06 Shawls, scarves, mufflers, mantillas, veils and the like

65 61.07 Ties, bow ties and cravats

66 61.08 Collars, tuckers, fallals, bodice-fronts, jabots, cuffs, flounces, yokes and similar accessories and trimmings for women's and girls' garments

67 61.09 Corsets, corset-belts , suspender-belts, brassieres, braces, suspenders, garters and the like (including such articles of knitted or crocheted fabric), whether or not elastic

68 61.10 Gloves, mittens, mitts, stockings, socks and sockettes, not being knitted or crocheted goods

69 61.11 Made up accessories for articles of apparel (for example, dress shields, shoulder and other pads, belts, muffs, sleeve protectors, pockets)

CHAPTER 62

70 62.01 Travelling rugs and blankets :

A. Electrically heated

B. Other :

II . Of other textile materials

(*) For products falling within this subheading, the maximum Community amount referred to in Article 1 (4) reduced to 30 % .

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

Order CCT No heading Description No

71 62.03 Sacks and bags, of a kind used for the packing of goods : B. Of other textile materials : I. Used : a) Of flax or of sisal ex b) Other ( excluding coir or cotton fibres)

72 ex 62.05 Other made up textile articles (including dress patterns ), other than of jute, other than textile bast fibres of heading No 57.03 or coir

CHAPTER 63

73 ex 63.01 Clothing, clothing accessories, travelling rugs and blankets, house­ hold linen and furnishing articles ( other than articles falling within heading No 58.01 , 58.02 or 58.03 ), of textile materials, footwear and headgear of any material, showing signs of appreciable wear and imported in bulk or in bales, sacks or similar bulk packings other than of jute, other than textile bast fibres of heading No 57.03 or coir

33 29 . 11.75 Official Journal of the European Communities

ANNEX B

List of developing countries and territories enjoying generalized tariff preferences

Afghanistan Haiti Qatar Algeria Honduras Rwanda Argentina India Saudi Arabia 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 Swaziland Khmer Republic Burma Syria Korea ( South) Burundi Kuwait Tanzania Cameroon Laos Thailand Cape Verde Islands Lebanon Togo Central African Republic Lesotho Tonga Chad Liberia Trinidad and Tobago Chile Tunisia Libya Colombia Malagasy Republic Uganda Congo, People's Republic of Malawi United Arab Emirates : Costa Rica Abu Dhabi Malaysia 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 Democratic Ghana Pakistan Republic of Grenada Yemen Arab Republic Panama Guatemala Yugoslavia Papua New Guinea Zaire Guinea Paraguay Zambia Guinea Bissau Peru Guyana Philippines