31975R3009

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

REGULATION (EEC) No 3009/75 OF THE COUNCIL of 17 November 1975

opening and providing for the administration of preferential Community tariff ceilings for certain products originating in developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES, available, provided that this entails no reduction in the ceiling;

Having regard to the Treaty establishing the Whereas the offer made by the Community includes European Economic Community ; a clause stating that the Community drew up the offer on the assumption that all the main indu­ strialized countries which are members of the OECD Having regard to the proposal from the Commission ; 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that this offer, while being of a temporary nature, does not constitute a binding commitment and, in particular, may be withdrawn Whereas, within the context of UNCTAD , the wholly or in part at a later date; whereas this European Economic Community offered to grant possibility may be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 coming from 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 covered by Chapters 25 to 99 of the Brussels Nomenclature which originate Whereas, moreover, the conference of the Heads of in developing countries ; whereas the preference State or of Government of the Member States and consists in the granting of exemption from customs the States acceding to the European Communities duties ; whereas preferential imports are effected up held in Paris from 19 to 21 October 1972 invited to the level of ceilings calculated by value in respect the Community institutions and the Member States of each product on the basis of factors which are progressively to adopt an overall policy of uniform for all the products ; whereas in order that development cooperation on a world-wide scale the preferences granted to the most competitive comprising in particular the improvement of developing country or countries should be restricted generalized preferences with the aim of achieving and that a substantial share should be reserved for a steady increase in imports of manufactures from the least competitive, preferential imports from any the developing countries ; one developing country in respect of a given product should not, as a general rule, exceed 50% of the ceiling fixed for that product ; Whereas tariff preferences have been applied from the second half of 1971 under the conditions set out above and whereas these preferences should Whereas, in the offer made by the Community, the continue to be applied throughout 1976 ; whereas, annual ceilings should normally be calculated on the having regard to the terms of the offer concerned basis of the total value for 1968 cif imports from and to . the need to improve the generalized the countries benefiting from this scheme, excluding preferences, the abovementioned basic amount those already enjoying various preferential tariff should normally refer to 1971 , while the additional arrangements granted by the Community (basic amount refers to 1972 ; whereas moreover, these same amount), plus 5% of the value of cif imports from reference years have already been used for calculating the other countries and from the countries already the annual ceilings for the 1975 preferences year ; enjoying such arrangements (additional amount ); whereas, since there are no Community reference data whereas such additional amount is variable and is for more recent periods and in order to ensure none calculated each year on the basis of the latest figures the less that there is an appropriate improvement in the preferences in 1976, the ceilings calculated on the basis of the abovementioned reference years are to H OJ No C 257, 10 . 11 . 1975 , p. 30 . be increased by 15% for the 1976 preferences year;

29. 11 . 75 Official Journal of the European Communities 61

Whereas, in accordance with Protocol 23 to the manufactured products eligible for the Community Act of Accession (1 ) the generalized tariff preference preferences scheme ; whereas, in addition, in order scheme became fully applicable in the new Member to ensure that the new maximum amounts are not States on 1 January 1974; less than those fixed hitherto, the abovementioned maximum amount of 15% shall in general only apply or shall only become applicable where, in Whereas it is expedient, therefore, in respect of the absolute value, it is higher than the level fixed for products referred to in Annex A which originate the 1974 preferences ; in the countries and territories listed in Annex B, that the Community should allow, for each category of these products and throughout 1976, duty-free Whereas, furthermore, for some of the . products imports within the limits of the Community ceilings affected by the fixing of the maximum amount at calculated in the manner set out above ; whereas the 15% , this improvement is conditional upon the benefit of such tariff exemption should be reserved introduction of measures calculated to encourage the for products originating in the countries and principal suppliers benefiting from the system to territories under consideration, the concept of ensure a balanced distribution of their deliveries 'originating products' being determined in accord­ throughout the Community instead of concentrating ance with the procedure laid down in Article 14 of them in specific areas, or even in one single area Council Regulation (EEC) No 802/68 (2) of of the Community ; whereas to this end general 27 June 1968 on the common definition of the provision should be made for the levying of the concept of the origin of goods ; whereas charges normal customs duties to be re-introduced in a against each of these ceilings must, as a general Member State when preferential imports originating rule, come within a maximum Community amount in a single beneficiary country or territory reach of 50% in respect of the products originating in 50% of the maximum amount envisaged above ; any of the abovementioned countries ; whereas, whereas this measure does not interfere with the however, in order to ensure that all the countries immediate re-introduction of the levying of the and territories in question are able to benefit from normal customs duties at Community level when this preferential system, the Community maximum preferential imports reach the Community maximum amount should, for certain products, be reduced to amounts ; whereas, as regards the Community 20 or 30% ; ceilings, there is nothing to prevent provisions being made only for the possibility of the Community's re-introducing the levying of the normal customs Whereas preferential Community tariff quotas were duties when the said ceilings are reached at Com­ previously granted for all the products listed in munity level ; Annex A ; whereas experience in recent years has shown that this improvement in the Community preferences scheme can only be achieved if an effort is made to ensure a more balanced distribution of Whereas, under these circumstances, these objectives the advantages granted to all the beneficiary countries may be reached by applying a method of and territories ; whereas for this reason and in order administration based on the charging, at Community to afford each of them equal opportunity to benefit level, against the abovementioned ceilings and from the preferential ceilings, it seems adequate to maximum amounts, of imports of the products limit to 15% the maximum amount for each of the concerned as and when these products are entered beneficiary countries and territories which have for home use and are accompanied by a certificate either reached the maximum amount for a given of origin ; whereas this method of administration product in 1972 and 1973, or which, according to must make provision for the re-introduction of the the most up-to-date statistics available, supply the levying of customs duties as soon as the said ceilings Community with at least 40% of its imports of the or maximum amounts are reached at Community product in question from the beneficiary countries level ; and territories as a whole; however, in order to avoid damaging the interests of the less favoured of these beneficiary countries and territories the 15% Whereas such method of administration calls for limit will not be applied in the case of those which very close and particularly rapid cooperation have a very low per capita national product, or between Member States and the Commission, which which for a given product have charged against the must, in particular, be able to observe every 10 days preferences an amount representing at least 10% of the extent to which charges are made against the their deliveries to the Community of industrial ceilings and maximum amounts and inform Member States thereof; whereas such cooperation should be particularly close in view of the need for the Com­ (*) OJ No L 73 , 27. 3 . 1972, p. 14. mission to be able to take appropriate measures to (2 ) OJ No L 148, 28 . 6. 1968 , p. 1 . re-introduce the levying of customs duties either

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

generally or individually when any of the ceilings 5 . However, in the case of the products originating or maximum amounts are reached ; in the beneficiary countries or territories indicated by an asterisk in column 3 of Annex A, the amount charged against the preferences in a single Member Whereas since the Kingdom of Belgium, the Kingdom State shall be limited to 50% of the maximum laid of the Netherlands and the Grand Duchy of down in paragraph 4. The normal customs duties Luxembourg are united in and represented by the shall again be levied as soon as this level is reached, Benelux Economic Union , the provisions governing unless the Member State concerned previously the maximum amounts concern that Economic Union notifies the Commission that it does not intend to as a whole and any operation relating thereto may avail itself of this limitation for all or some of the be carried out by one of its members, products concerned. The Commission shall inform the Member States of this fact without delay.

HAS ADOPTED THIS REGULATION : 6. Any amendment to Annex B, in particular by the addition of new countries enjoying tariff preferences, may entail a corresponding adjustment to the Article 1 Community ceilings and the maximum amounts referred to in paragraphs 3 and 4. 1 . From 1 January to 31 December 1976 the Common Customs Tariff duties and the tariff duties of the new Member States on the products listed in Annex A shall be totally suspended, subject to Article 2 the provisions of Articles 2 and 4 (2) of this Regulation . 1 . As soon as the ceilings calculated in accordance with the provisions of Article 1 (3 ), which are laid 2. This suspension shall be enjoyed solely by pro­ down for Community imports of products originating ducts originating in the countries and territories listed in all of the countries referred to in Article 1 (2), in Annex B. However, imports already enjoying are reached at Community level, the levying of customs exemption from customs duties under other preferen­ duties on imports of the products in question from tial tariff arrangements granted by the Community all the countries and territories concerned may at any shall not be charged against the ceilings specified in time be re-introduced until the end of the period paragraph 3 . For the purposes of the application referred to in the first subparagraph of Article 1 ( 1 ). of this Regulation, the concept of originating products shall be determined in accordance with 2 . As soon as the maximum amounts determined in the procedure laid down in Article 14 of Regulation (EEC ) No 802/68 . accordance with Article 1 (4) for imports into the Community of products originating in each of the countries or territories referred to in Article 1 (2) are 3 . Subject to the provisions of Articles 2 and 4 (2) reached at Community level for one of these countries this suspension shall be granted, in respect of each or territories, the Commission shall without delay category of products within a Community ceiling inform the Member States of the date on which the which shall be expressed in units of account and normal tariff must be restored in respect of the which shall be equal to 115% of the amount obtained countries or territories concerned. This information by adding together the values of cif imports in 1971 shall be published in the Official Journal of the of the products concerned, to the Community from European Communities . the countries and territories enjoying these arrangements, excluding those already enjoying However, when the amounts of products originating various preferential tariff arrangements granted by in one or other of the countries or territories indicated the Community, and 5% of the value of cif imports in 1972 from other countries and from countries by two asterisks in column 3 of Annex A charged against the preferences reach the Community maxi­ and territories already enjoying such arrangements. mum amount in one Member State, that Member State shall without delay re-introduce the levying of 4. Subject to the provisions of Articles 2 and 4 (2), the normal customs duty . It shall notify the Com­ within each ceiling thus calculated, charges of mission, which shall inform the other Member States products originating in any one of the countries or of this fact, at the same time fixing the earliest date territories listed in Annex B should not exceed a on which the levying of the normal tariff must be Community maximum amount expressed as a per­ re-introduced in these States also. This information centage or in units of account against each of the shall be published in the Official Journal of the products in column 3 of Annex A. European Communities.

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Article 4 3 . Without prejudice to the foregoing provisions, where the levying of the normal customs duty is 1 . The Commission, in close cooperation with the re-introduced under the conditions described in Member States, shall take all necessary measures to Article 1 (5 ) the Member State concerned shall im­ ensure that the above provisions are applied. mediately notify the Commission, which shall without delay inform the other Member States. 2. The Commission shall issue Regulations to re­ introduce the levying of the normal customs duties within the context of the ceilings established in respect of all the countries and territories referred Article 3 to in Article 1 (2).

Article 5 1 . Imports of the products in question shall be actually charged against the Community ceilings and Member States shall inform the Commission at maximum amounts as and when the products are regular intervals of imports of the products in entered for home use, and provided that they are question actually charged against the Community accompanied by a certificate of origin pursuant to ceilings and maximum amounts laid down in the rules laid down in Article 1 (2). Article 1 (3 ) and (4).

2. Goods may be charged against a ceiling or maxi­ Until the levying of the normal customs duties is mum amount only if the certificate of origin referred re-introduced the information shall cover, in particu­ to in paragraph 1 is submitted before the date on lar, the returns relating to the amounts actually which the levying of duties is re-introduced. charged against the preferences during the. previous 10 days, which must be forwarded within five full days of the end of each 10-day period. 3 . The extent to which the ceilings and maximum amounts have been actually used up shall be deter­ Article 6 mined at Community level and in the Member States on the basis of the imports charged in accordance This Regulation shall enter into force on with paragraphs 1 and 2. 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

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

ANNEX A

List of products originating in developing countries and territories, enjoying generalized tariff preferences, in respect of which duties under the Common Customs Tariff are totally suspended within the limit of Community ceilings and maximum amounts per beneficiary country or territory (a)

CCT Order Description Level of the maximum amounts heading No No ( 1) (2) (3 )

1 28.27 Lead oxides ; red lead and orange lead 20 °/o, reduced to 834 000 u.a. for Mexico (*) (**)

2 28.56 Carbides (for example, silicon carbide, boron carbide, 50% , reduced to 195 000 u.a. for metal carbides ) ; Yugoslavia (*) (**) C. Of calcium

3 31.05 Other fertilizers ; goods of the present Chapter in 50% , reduced to 536 000 u.a. for tablets , lozenges and similar prepared forms or in Yugoslavia (*) (**) packings of a gross weight not exceeding 10 kg : A. Other fertilizers : I. Containing the three fertilizing substances : nitrogen , phosphorus and potassium II. Containing the two fertilizing substances : nitrogen and phosphorus III. Containing the two fertilizing substances : nitrogen and potassium : b) Other

IV. Other

B. Goods of the present Chapter in tablets, lozenges and similar prepared forms or in packings or a gross weight not exceeding 10 kg

4 39.03 Regenerated cellulose ; cellulose nitrate, cellulose 50% , reduced to 418 000 u.a . for acetate and other cellulose esters , cellulose ethers and Yugoslavia (*) (**) other chemical derivatives of cellulose, plasticized or not ( for example , collodions , celluloid); vulcanized fibre : B. Other : I. Regenerated cellulose

(a) Manufactured and semi-finished industrial 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.

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CCT Description Level of the maximum amounts Order heading No No ( 1 ) ( 2) (3 )

5 39.03 Regenerated cellulose ; cellulose nitrate, cellulose 50% , reduced to 92 000 u.a. for acetate and other cellulose esters , cellulose ethers and Yugoslavia (*) (**) other chemical derivatives of cellulose, plasticized or not (for example, collodions, celluloid) ; vulcanized fibre : B. Other : II . Cellulose nitrates

6 40.11 Rubber tyres , tyre cases , interchangeable tyre treads , 50% , reduced to 3 701 000 u.a . for inner tubes and tyre flaps , for wheels of all kinds Yugoslavia (*) (**)

7 46.03 Basketwork , wickerwork and other articles of plaiting 20 %> materials, made directly to shape ; articles made up from goods falling within heading No 46.01 or 46.02 ; articles of loofah

8 48.01 Paper and paperboard (including cellulose wadding), 50 % , reduced to 15 % for Yugoslavia machine-made, in rolls or sheets : n r>

C. Kraft paper and kraft board : II . Other (1)

9 66.01 Umbrellas and sunshades (including walking-stick 50% , reduced to 1 354 000 u.a. for umbrellas , umbrella tents, and garden and similar Hong Kong (*) (**) umbrellas)

10 67.04 (a) 30% , reduced to 6 147 000 u.a . for Wigs, false beards, eyebrows and eye lashes , switches and the like, of human or animal hair or of textiles ; South Korea (*) (**) other articles of human hair (including hair nets)

11 69.02 (a) Refractory bricks , blocks , tiles and similar refractory 50% , reduced to 1 693 000 u.a . for constructional goods, other than goods falling within Yugoslavia (**) heading No 69.01

12 69.11 Tableware and other articles of a kind commonly used 50 % , reduced to 15 % for Macao (*) (**) for domestic or toilet purposes , of porcelain or china (including biscuit porcelain and parian)

13 70.05 Unworked drawn or blown glass (including flashed 50% , reduced to 411 000 u.a . for glass), in rectangles Yugoslavia (*) (**)

(a) Products originating in Romania and which fall within this tariff heading are also eligible for Community preferential tariff arrangements . (l) For products falling within this subheading, the Community ceiling referred to in Article 1 (4) is fixed at 30 427 000 u.a.

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

CCT Order Description Level of the maximum amounts heading No No ( 1 ) (2 ) (3 )

14 70.13 Glassware (other than articles falling within heading 30% , reduced to 658 000 u.a . for No 70.19 ) of a kind commonly used for table, kitchen , Yugoslavia (**) toilet or office purposes , for indoor decoration , or for similar uses

15 71.16 Imitation jewellery 50% , reduced to 2 154 000 u.a . for Hong Kong (*) (**)

16 73.18 Tubes and pipes and blanks therefor, of iron (other 50% , reduced to 2 289 000 u.a . for than of cast iron) or steel , excluding high-pressure Yugoslavia (*) (**) hydro-electric conduits ( l )

17 74.03 Wrought bars , rods , angles , shapes and sections , of 50% , reduced to 1 095 000 u.a . for copper ; copper wire Yugoslavia (**)

18 79.03 Wrought plates , sheets and strip , of zinc ; zinc foil ; zinc 50% , reduced to 743 000 u.a . for powders and flakes : Yugoslavia (**) A. Plates , sheets , strip and foil

19 84.41 (a) Sewing machines ; furniture specially designed for 50% , reduced to 243 000 u.a. for sewing machines ; sewing machine needles : Yugoslavia (**) A. Sewing machines ; furniture specially designed for sewing machines : III . Parts , including furniture specially designed for sewing machines

20 85.01 Electrical goods of the following descriptions : gener­ 50% , reduced to 2 091 000 u.a. for ators , motors , converters (rotary or static), transformers, Yugoslavia (*) (**) rectifiers and rectifying apparatus, inductors : A. Generators, motors (whether or not equipped with speed reducing, changing or step-up gear) and rotary converters : II . Other

21 85.10 Portable electric battery and magneto lamps, other 50% , reduced to 944 000 u.a. for than lamps falling within heading No 85.09 : Hong Kong (*) (**) B. Other

22 85.23 Insulated ( including enamelled or anodized) electric 20 %>, reduced to 1 442 000 u.a. for wire, cable, bars , strip and the like (including co-axial Yugoslavia (*) (**) cable), whether or not fitted with connectors

(a) Products originating in Romania and which fall within this tariff heading are also eligible for Community preferential tariff arrangements . (') For products falling within this heading, the Community ceiling referred to in Article 1 (4) is fixed at 13 039 000 u.a.

29. 11 . 75 Official Journal of the European Communities 67

CCT Description Level of the maximum amounts Order heading No No ( 1 ) (2) (3)

23 87.14 Other vehicles (including trailers), not mechanically 50% , reduced to 1 710 000 u.a. for propelled , and parts thereof : Yugoslavia (*) (**) B. Trailers and semi-trailers : II. Other

24 90.05 (a ) Refracting telescopes (monocular and binocular), 30% , reduced to 15% for South Korea (**), prismatic or not for Hong Kong (**) and for Macao (**)

25 92.11 (a) Gramophones, dictating machines and other sound 50% , reduced to 15% for Hong Kong (**) recorders and reproducers, including record players and tape decks , with or without sound heads ; television image and sound recorders and reproducers, magnetic : A. Sound recorders and reproducers

26 97.02 ( a) Dolls 20% , reduced to 2 367 000 u.a. for Hong Kong (**)

27 97.03 Other toys ; working models of a kind used for 20% , reduced to 6 724 000 u.a. for recreational purposes Hong Kong (*) (**)

28 97.05 (b) Carnival articles ; entertainment articles (for example, 20% , reduced to 806 000 u.a . for conjuring tricks and novelty jokes); Christmas tree Hong Kong (**) decorations and similar articles for Christmas festivities (for example, artificial Christmas trees, Christmas stockings, imitation Yule-logs, Nativity scenes and figures therefor)

29 98.15 Vacuum flasks and other vacuum vessels, complete 50% , reduced to 199 000 u.a . for with cases ; parts thereof, other than glass inners Hong Kong (**)

(a) Products originating in Romania and which fall within this tariff heading are also eligible for Community preferential tariff arrangements . (b) Products originating in Romania and which fall within this tariff heading (excluding Christmas tree decorations and similar articles for Christmas festivities (for example, artificial Christmas trees, Christmas stockings, imitation Yule-logs, Nativity scenes and figures therefor), of glass) are also eligible for Community preferential tariff arrangements.

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

ANNEX B

List of developing countries and territories enjoying generalized tariff preferences

I. INDEPENDENT COUNTRIES

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 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 Mauritania Dahomey 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 Republic of Pakistan Grenada Yemen Arab Republic Panama Guatemala Yugoslavia Papua New Guinea Guinea Zaïre Paraguay Guinea Bissau Peru Zambia Guyana Philippines

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II . COUNTRIES AND TERRITORIES dependent or administered, or for whose external relations Member States of the Community or third countries are wholly or partly responsible

Afars and Issas (Territory of the) Angola (including Cabinda) Australian Antarctic Territory Belize Bermuda British Antarctic Territory British Indian Ocean Territory (Aldabra, Farquhar, Chagos Archipelago, Desroches) British Pacific Ocean (*) Brunei Cayman Islands and Dependencies Christmas Island Cocos (Keeling) Islands Comoro Archipelago Corn Islands and Swan Islands Falkland Islands and Dependencies French Polynesia French Southern and Antarctic Territories Gibraltar Heard Island and McDonald Islands Hong Kong Leeward Islands (!) Macao Mozambique Netherlands Antilles New Caledonia and Dependencies Norfolk Island Pacific Islands administered by the United States of America or under United States trusteeship (*) Portuguese Timor St Helena (including Ascension, Gough Island, and Tristan da Cunha) Saint Pierre and Miquelon Sâo Tome and Principe Seychelles (including Amirantes) Sikkim Spanish territories in Africa Territories for which New Zealand is responsible (Cook Islands, Niue Island, Tokelau Islands and Ross Dependency) Turks and Caicos Islands Virgin Islands of the United States (St Croix, St Thomas, St John, etc.) Wallis and Futuna Islands Windward Islands {*)

Note: The above lists may be amended subsequently to take account of changes in the inter­ national status of countries or territories.

(l) Gilbert Islands, Tuvalu, British Solomon Islands, New Hebrides Condominium, and Pitcairn Islands. (*) Antigua, Montserrat, St Kitts-Nevis-Anguilla, British Virgin Islands. (') The Pacific Islands administered by the United States of America include : Guam , American Samoa (including Swain 's Island), Midway Islands , Johnston and Sand Islands, Wake Island and the Trust Territory of the Pacific Islands ( the Caroline, Marianas and Marshall Islands). (') Dominica, St Lucia, St Vincent.