31975R3005

34 Official Journal ot the European Communities 29 . 11 . 75

REGULATION (EEC ) No 3005/75 OF THE COUNCIL

of 17 November 1975

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES, customs duties deposited with GATT by the Community during the last series of tariff negotiations ;

Having regard to the Treaty establishing the European Economic Community ; Whereas the offer made by the Community includes a clause stipulating that the Community drew up the offer on the assumption that all the main Having regard to the proposal from the Commission ; industrialized countries which are members of the OECD would participate in granting preferences and would make similar efforts in this direction ; whereas, Having regard to the Opinion of the European moreover, it is evident from the conclusions worked Parliament (*); out in UNCTAD that this offer, while being of a temporary nature, does not constitute a binding commitment and, in particular, may be withdrawn Whereas within the framework of UNCTAD the wholly or in part at a later date ; whereas this European Economic Community offered to grant possibility may be adopted inter alia with a view to tariff preferences on finished and semi-finished remedying any unfavourable situations which might products originating in developing countries ; whereas arise in the ACP States following the implementation the preferential treatment proposed in that offer of the generalized preference scheme ; covers, generally speaking, all finished and semi­ finished industrial products falling within Chapters Whereas, moreover, the conference of Heads of 25 to 99 of the Brussels Nomenclature and originating State or of Government of the Member States and in developing countries ; the States acceding to the European Communities held in Paris from 19 to 21 October 1972 invited the Community institutions and the Member States Whereas, however, in respect of cotton textile progressively to adopt an overall policy of products formerly covered by the long-term development cooperation on a world-wide scale arrangement regarding international trade in cotton comprising in particular the improvement of textiles ( 2), the offer made by the Community lays generalized preferences with the aim of achieving a down that the preferences, in the form of duty-free steady increase in imports of manufactures from the ceilings, will be granted to the countries benefiting developing countries ; from generalized preferences which are signatories to the long-term arrangement or possibly to those countries benefiting from generalized preferences Whereas , in accordance with Protocol 23 to the Act which undertake in respect of the Community of Accession (3 ) the generalized tariff preference commitments similar to those existing under that scheme has been applicable in the new Member arrangement and for its duration ; whereas, having States since 1 January 1974 ; particular regard to the link which Article 6 of the long-term arrangements establishes between cotton products and substitute products, it appears justified Whereas, for the various categories of textile in these circumstances and by virtue of the fact that products in question, Council Regulation (EEC ) No a total suspension of customs duties is involved to 3001 /75 (4 ) of 17 November 1975 opening, allocating include in the same scheme as that described above and providing for the administration of Community those substitute textile products given in the tariff quotas for certain cotton textile and like conditional list of partial and limited reductions of products originating in developing countries, and

H OJ No C 257, 10 . 11 . 1975 , p . 30 . (8 ) OJ No L 73 , 27. 3 . 1972, p. 14 . (2 ) OJ No L 225 , 12. 10 . 1970, p . 29 . ( 4 ) See page 1 of this Official Journal .

29 . 11.75 Official Journal of the European Communities 35

Council Regulation (EEC) No 3002/75 (*) of view of the variety of the products concerned, 17 November 1975 opening preferential tariffs for calculations which are all the more problematic in certain cotton textile and like products originating that the statistical data required sometimes prove to in developing countries, put into effect the above­ be incomplete or not sufficiently accurate or mentioned offer for 1976 in favour of those representative ; whereas the time required for these developing countries satisfying the conditions calculations cannot be reconciled with the continuity outlined above and listed in Annex B to those necessary for the application of the tariff preferences Regulations ; whereas this measure has been taken concerned ; whereas, under these conditions, it would on a transitional basis, the Commission counting be advisable still at this stage to adopt a fixed scale on the countries thus concerned to take measures for allocating the Community tariff quotas concerned ensuring that equivalent objectives are respected, at among the Member States ; whereas, on the basis of least throughout 1976 as well, pending application general economic criteria, i.e. foreign trade in the of the arrangement regarding international trade in textile sector, the gross national product and textiles (2); whereas Yugoslavia for its part has population, the percentages for the initial shares of entered into commitments similar to those made the Member States in the quota amounts are as under the long-term arrangement ; whereas Yugos­ follows for the quota year under consideration : lavia should, therefore, also be granted the benefit of tariff preferences for the textile products in question and also for 1976 ; whereas, in order not to affect the advantages which the present benefici­ Germany 27% aries enjoy for these products, separate ceilings at zero duty should be opened exclusively for products Benelux 10% originating in Yugoslavia ; whereas each of these ceilings should under normal conditions be equal to France 19% the maximum amount fixed by Regulations (EEC) No 3001 /75 and ( EEC) No 3002/75 for corresponding Italy 14% products, with a lower limit of 10% and an upper limit of 100% of the quantities of the types of Denmark 7% products in question exported from Yugoslavia to the Community in 1968 ; Ireland 1%

United Kingdom 22% Whereas the Community should , therefore , for the period to 31 December 1976, open Community duty-free tariff quotas in respect of the products listed in the Annex to this Regulation up to the amounts Whereas, since the tariff quotas involved are specified in metric tons for each of them ; whereas relatively small it appears possible, without affecting the benefit of these tariff quotas should apply only the Community nature of the quotas under to products originating in Yugoslavia , and the consideration, to provide at this stage for a utilization concept of originating products should be determined scheme based on a single allocation among the in accordance with the procedure laid down in Member States, especially since implementation of Article 14 of Council Regulation (EEC) No 802/68 the principle of setting up a reserve share can, in this ( 3 ) of 27 June 1968 on the common definition of the particularly sensitive sector, take place only concept of origin of goods ; progressively and must remain attuned to the methods of administration laid down in the general framework of the generalized tariff preference scheme ; whereas such allocation could be made Whereas a utilization scheme of Community tariff according to the percentages set out in the table quotas among the Member States would appear to above ; conform to the Community character of those quotas ; whereas the application of the generally accepted principles in respect of the allocation of the Community tariff quotas which have been opened Whereas since the Kingdom of Belgium, the Kingdom until now entails , under these circumstances and in of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Benelux Economic Union for the allocation of the tariff quotas concerned, any measure concerning the administration of the shares allocated to that ( x ) See page 9 of this Official Journal . (2 ) OJ No L 118 , 30 . 4 . 1974, p. 1 . Economic Union may be carried out by one of its (3 ) OJ No L 148 , 28 . 6. 1968 , p. 1 . members ,

36 Official Journal of the European Communities 29 . 11.75

HAS ADOPTED THIS REGULATION : 2 . The extent to which the shares of Member States have been actually filled shall be determined on the Article 1 basis of imports of the products which have been entered for home use, and which are accompanied 1 . From 1 January to 31 December 1976 the by a certificate of origin in accordance with the rules Common Customs Tariff duties and the tariff duties referred to in Article 1 (2). of the new Member States on the products listed in the Annex shall be totally suspended for Community 3 . Goods may qualify for a tariff quota only if the tariff quotas up to the volume in metric tons certificate of origin referred to in paragraph 2 is indicated in column 3 of that Annex in respect of submitted before the date on which the levying of each of those products . duties is re-introduced.

2. The tariff quotas referred to in paragraph 1 shall be granted only to products originating in Yugoslavia. Article 4 For the purposes of this Regulation the concept of originating products shall be determined in accord­ Member States shall inform the Commission at ance with the procedure laid down in Article 14 of regular intervals of imports actually charged against Regulation (EEC ) No 802/68 . their shares .

Article2¶

Article 5 The Community tariff quotas referred to in Article 1 ( 1 ) shall be allocated among the Member States in shares equal to the amounts indicated in column 4 Member States and the Commission shall cooperate of the Annex in respect of each type of product. closely to ensure that the preceding provisions are observed .

Article3¶

1 . The Member States shall ensure free access to Article 6 the share which has been allocated to them for importers of the products concerned who are This Regulation shall enter into force on 1 January established on their territory. 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 37 Official Journal of the European Communities

ANNEX

List of products originating in Yugoslavia covered by Community duty-free tariff quotas as part of the generalized tariff preferences

Quota CCT Volume of shares allocated volume Order Description to Member States heading (in metric No No (in metric tons) tons) ( 1 ) (2 ) (3 ) (4)

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 79 Germany 21-33 Benelux 7-90 France 15-01 11-06 Italy Denmark 5-53 Ireland 0-79 United Kingdom 17-38

2 — More than 14 000 m but not 1413 Germany 381-51 more than 40 000 m Benelux 141-30 France 268-47 Italy 197-82 Denmark 98-91 Ireland 14-13 United Kingdom 310-86

— More than 40 000 m but not 485 130-95 3 Germany more than 80 000 m Benelux 48-50 France 92-15 67-90 Italy Denmark 33-95 Ireland 4-85 106-70 United Kingdom

4 — More than 80 000 m but less 71 Germany 19-17 than 120 000 m Benelux 7-10 France 13-49 Italy 9-94 Denmark 4-97 Ireland 0-71 United Kingdom 15-62

55.09 Other woven fabrics of cotton :

A. Containing 85 % or more by weight of cotton : I. Of a width of less than 85 cm :

5 — Unbleached 42 Germany 11-34 Benelux 4-20 France 7-98 5-88 Italy Denmark 2-94 Ireland 0-42 9-24 United Kingdom

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

Quota CCT Volume of shares allocated Description volume Order heading to Member States (in metric No No (in metric tons) tons) (1 ) (2) (3 ) (4)

6 55.09 — Other 126 Germanx 34-02 Benelux 12-60 (cont'd) France 23-94 Italy 17-64 Denmark 8-82 Ireland 1-26 27-72 United Kingdom

II . Other : 7 — Unbleached, of a width of : — 85 cm or more but not 1267 Germany 342-09 more than 115 cm Benelux 126-70 France 240-73 Italy 177-38 Denmark 88-69 Ireland 12-67 278-74 United Kingdom

8 — More than 115 cm but not 769 Germany 207-63 more than 165 cm Benelux 76-90 France 146-11 Italy 107-66 Denmark 53-83 Ireland 7-69 United Kingdom 169-18

9 — More than 165 cm 248 Germany 66-96 Benelux 24-80 France 47-12 Italy 34-72 Denmark 17-36 Ireland 2-48 United Kingdom 54-56

Other : 10 — Printed 86 Germany 23-22 Benelux 8-60 France 16-34 Italy 12-04 Denmark 6-02 Ireland 0-86 United Kingdom 18-92

11 — Other 86 Germany 23-22 Benelux 8-60 » France 16-34 Italy 12-04 Denmark 6-02 Ireland 0-86 18-92 United Kingdom

56.05 Yarn of man-made fibres (discontinuous or waste), not put up for retail sale : 12 182 Germany 49-14 B. Of regenerated textile fibres Benelux 18-20 France 34-58 25-48 Italy Denmark 12-74 Ireland 1-82 40-04 United Kingdom

29. 11 . 75 39 Official Journal of the European Communities

Quota Volume of shares allocated CCT volume Order Description to Member States heading (in metric No No (in metric tons) tons) 1 2 ) (3 4

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

B. Of regenerated textile fibres :

13 — Printed 165 Germany 44-55 Benelux 16-50 France 31-35 Italy 23-10 Denmark 11-55 Ireland 1-65 United Kingdom 36-30

14 Other 165 44-55 Germany Benelux 16-50 France 31-35 23-10 Italy Denmark 11-55 Ireland 1-65 36-30 United Kingdom

ex 60.03 Stockings , under stockings, socks, ankle­ socks, sockettes and the like, knitted or crocheted, not elastic or rubberized :

15 — Of cotton 24 Germany 6-48 Benelux 2-40 France 4-56 Italy 3-36 Denmark 1-68 Ireland 0-24 5-28 United Kingdom

60.04 Under garments , knitted or crocheted, not elastic or rubberized : 16 A. Of cotton 119 Germany 32-13 Benelux 11-90 France 22-61 16-66 Italy Denmark 8-33 Ireland 1-19 26-18 United Kingdom

61.01 Men's and boys' outer garments : 17 — Of cotton fabric 49 Germany 13-23 Benelux 4-90 France 9-31 Italy 6-86 Denmark 3-43 Ireland 0-49 10-78 United Kingdom

18 Other 313 Germany 84-51 Benelux 31-30 France 59-47 Italy 43-82 Denmark 21-91 Ireland 3-13 United Kingdom 68-86

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

Quota Volume of shares allocated CCT volume Order Description to Member States heading (in metric No No (in metric tons) tons) ( 1 ) (2) (3 ) (4)

61.02 Women's, girls' and infants' outer garments : 19 — Of cotton fabric 66 Germany 17-82 Benelux 6-60 France 12-54 Italy 9-24 Denmark 4-62 Ireland 0.66 United Kingdom 14-52

20 — Other 126 Germany 34-02 Benelux 12-60 France 23-94 Italy 17-64 Denmark 8-82 Ireland 1.26 United Kingdom 27-72

ex 61.03 Men's and boys' under garments, including collars, shirt fronts and cuffs :

21 — Other than of cotton fabric 66 Germany 17-82 Benelux 6.60 France 12-54 Italy 9-24 Denmark 4-62 Ireland 0-66 United Kingdom 14-52

62.02 Bed linen, table linen, toilet linen and kitchen linen ; curtains and other furnishing articles :

22 — Of cotton fabric 55 Germany 14-85 Benelux 5-50 France 10-45 Italy 7-70 Denmark 3-85 Ireland 0-55 United Kingdom 12-10

23 — Other 7 Germany 1-89 Benelux 0-70 France 1-33 Italy 0-98 Denmark 0-49 Ireland 0-07 United Kingdom 1-54