31975R3013
29 . 11.75 Official Journal of the European Communities 147
REGULATION (EEC ) No 3013 /75 OF THE COUNCIL of 17 November 1975
opening, allocating and providing for the administration of a Community tariff quota for preserved pineapples, other than in slices, half slices or spirals, originating in developing countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES, the preserved fruit and vegetable sector generally and of the need to safeguard the interests of the ACP Having regard to the Treaty establishing the Euro States in this field, to lay down for preserved pean Economic Community, and in particular Ar pineapples, other than in slices, half slices or spirals, ticle 43 thereof ; special conditions consisting in a reduction of the customs duty applicable to that product within the limits of a Community tariff quota ; Having regard to the proposal from the Com mission H ; Whereas the offer made by the Community includes Having regard to the Opinion of the European a clause stating that the Community drew up the Parliament ; offer on the assumption that all the main industrial ized countries which are members of the OECD Whereas in the Joint Declaration of Intent ( 2 ) on the would participate in granting preferences and would development of trade relations with Sri Lanka, India, make similar efforts in this direction ; whereas, more Malaysia, Pakistan and Singapore, the Community over, it is evident from the conclusions worked out declared its readiness to seek solutions to the in UNCTAD that this offer, while being of a tem problems which may arise in the field of trade with porary nature, does not constitute a binding commit the countries referred to ; ment and, in particular, may be withdrawn wholly or in part at a later date; whereas this possibility Whereas in respect of several Asian countries of the may be adopted inter alia with a view to remedying Commonwealth and particularly as regards Malaysia any unfavourable situations which might arise in the preserved pineapples are an important export ACP States following the implementation of the product and the flow of trade in such products is generalized preference scheme; likely to be changed as a result of the enlargement of the Community ; whereas the system of generalized tariff preferences may constitute a solution to the Whereas tariff preferences have been applied as from problems of this nature ; whereas certain forms of the second half of 1971 ; whereas it is expedient to preserved pineapples should therefore be included continue to apply them throughout 1976 ; in the system of generalized preferences ;
Whereas it is expedient, therefore, that the Com Whereas , within the context of UNCTAD , the Euro munity should open for 1976 in respect of the said pean Economic Community offered to grant tariff products, originating in the countries and territories preferences on certain processed agricultural products listed in the Annex, a Community tariff quota of Chapters 1 to 24 of the Common Customs Tariff limited to 30 000 metric tons and at a customs duty originating in developing countries ; whereas the of 12% , increased by the levy on sugar where the preferential treatment proposed in that offer consists, sugar content exceeds 17% by weight in the case of in respect of certain goods which are subject to the products falling within subheading ex 20.06 B II a) trade arrangements laid down in Regulation (EEC) 5 aa), and 19% by weight in the case of products No 1059/69, of a reduction in the fixed component falling within subheading ex 20.06 B II b) 5 aa); of the charge applicable to such goods by virtue of that Regulation , and, in respect of products which are subject to the single customs duty, of a reduction Whereas , in accordance with Protocol 23 to the Act in such duty ; whereas preferential imports of the of Accession (3) the generalized tariff preference products concerned could be effected without scheme became fully applicable in the new Member quantitative restrictions ; whereas it appears States on 1 January 1974 ; appropriate , however, in view of the sensitiveness of
0 OJ No C 257 , 10. 11 . 1975 , p . 30 (2) OJ No L 73 , 27 3 . 1972 , p . 195 . (3) OJ No L 73 , 27. 3 . 1972 , p. 14.
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Whereas, for the said products, this scheme would, the percentage of the shares of the quota amount however, involve the application in the new Member may be drawn up as follows : States in 1976 of customs duties higher than or very Germany 20-5% close to those which will be applied by the new Member States to non-member countries in general Benelux 4-9% on the basis of the provisions of the abovementioned France 05 % Act; whereas this situation would comply neither with the spirit nor with the very nature of the general Italy 2-0% ized preference scheme ; whereas, in order to main Denmark 1-9% tain an equivalent preferential margin for these prod ucts also, reduced customs duties should be applied Ireland 1-0% to them, in accordance with detailed rules based on the principle of maintaining, in the new Member United Kingdom 69-2% States, a preference proportional to that which exists between the duties of the Common Customs Tariff Whereas, without affecting the Community nature of and the duties given in Article 1 to this Regulation; the tariff quota under consideration, it appears poss whereas, with a view to granting the beneficiary ible to provide temporarily for a utilization scheme developing countries the best possible treatment, in based on a single allocation among the Member accordance with the objectives of the preference States ; whereas, moreover, the allocation set out by scheme, the duties given in the abovementioned this Regulation in no way prejudices the possibility Article 1 should also be applied wherever the duties of adopting the general method of allocation of calculated according to the abovementioned detailed Community tariff quotas comprising the setting up rules prove to be higher than them; of a reserve share; whereas at this transitional stage it appears feasible that such allocation could be made according to the percentage set out in the above table ; Whereas the benefit of this tariff quota should be reserved for products originating in the countries Whereas the percentage for the shares of the Member and territories under consideration, the concept of States in the Community tariff quotas, in view of 'originating products' being determined in their duration and their amount, does not appear in accordance with the procedure laid down in Article this instance to compromise the equal access for 14 of Council Regulation (EEC) No 802/68 (*) of Community importers to Community tariff quotas ; 27 June 1968 on the common definition of the whereas for this same reason it would appear expedi concept of the origin of goods ; ent to allow each Member State to choose the system for administering its share ;
Whereas it is necessary to ensure equal and contin Whereas since the Kingdom of Belgium, the King uous access for all Community importers to the dom of the Netherlands and the Grand Duchy of abovementioned quota and the uninterrupted appli Luxembourg are united in and represented by the cation of the rate laid down for this quota to all Benelux Economic Union, all transactions concern imports of the products concerned into all Member ing the administration of the share allocated to that States until this quota is used up ; whereas having Economic Union may be carried out by any one of regard to the principles set out above, the Com its members, munity nature of the quota can be respected by allocating the Community tariff quota among Mem ber States ; whereas, moreover, to this end and in the HAS ADOPTED THIS REGULATION : context of the utilization system, the actual charges against the quota may relate only to products which have been entered for home use and which are Article 1 accompanied by a certificate of origin;
1 . From 1 January to 31 December 1976 a Com munity tariff quota of 30 000 metric tons shall be Whereas on the basis of the statistical data available opened by the Community for the imports of which cover only a relatively brief period and preserved pineapples other than in slices, half slices whereas they should be weighted on the basis of the or spirals, falling within the following subheadings of estimates which may be made for the quota year, the Common Customs Tariff: ex 20.06 B II a) 5 , ex 20.06 B II b) 5, ex 20.06 B II c) 1 dd) and ex 20.06 B II c) 2 bb ). Within this tariff quota the customs duty shall be suspended at 12% , increased by the 0 ) OJ No L 148 , 28 . 6. 1968 , p. 1 . levy on sugar where the sugar content exceeds 17%
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by weight in the case of products falling within sub Article 3 heading ex 20.06 B II a) 5 aa), and 19% by weight in the case of products falling within subheading ex 1 . The Member States shall ensure free access to 20.06 B II b ) 5 aa). each of the shares which have been allocated to them for importers of the products concerned who are established on their territory. On importation into Denmark, Ireland and the United Kingdom, there shall be applied to the abovemen 2 . The extent to which the shares of Member States tioned products the customs duty obtained by multi have been actually filled shall be determined on the plying, by a coefficient equal to the margin of pre basis of imports of the said goods which have been ferences existing between the duty of 12% given in entered for home use, and which are accompanied paragraph 1 and the Common Customs Tariff duties by a certificate of origin in accordance with the rules applicable, the duties obtained by reducing by 60% referred to in Article 1 (2). the difference between the lowest duty applied on 1 January 1972 to the developing countries set out in 3 . Goods may qualify for a tariff quota only if .the the Annex and the Common Customs Tariff. certificate of origin referred to in paragraph 2 is submitted before the date on which the levying of duties is re-introduced.
However, the duty of 12% given in the first subpara Article 4 graph shall be applied when the customs duty resulting from the abovementioned calculation is higher than it. Member States shall inform the Commission at monthly intervals of imports of the products in question actually charged against their shares. This information shall cover both the value expressed in 2. The benefit of this tariff quota shall be reserved units of account and quantity expressed in metric tons . for the products originating in the countries and territories listed in the Annex. However, the imports already benefiting from exemption customs duties Article S under another preferential tariff scheme granted by the Community shall not be charged to this quota. If the Community should find that the products benefiting under the arrangements provided for in Article 1 are being imported into the Community, For the purposes of implementing this Regulation in quantities or at prices such as to put or be likely the concept of originating products shall be deter to put Community producers of similar or directly mined in accordance with the procedure laid down competitive products at a serious disadvantage or to in Article 14 of Regulation (EEC) No 802/68 . create an unfavourable situation in the ACP States, the customs duties applied within the Community may be re-introduced in part or in full for imports of the products in question from the country or Article 2 countries or territory or territories which are the cause of such disadvantage. Such measures may also be taken in the event of a serious disadvantage, either The Community tariff quotas mentioned in Article 1 actual or foreseeable, which is confined to a single shall be allocated in shares which in respect of each region of the Community. Member State shall be of the amount indicated below : Article 6
Germany 6 150 metric tons 1 . In order to ensure that Article 5 is applied, the Benelux 1 470 metric tons Commission may, by way of a Regulation, re-intro duce Common Customs Tariff duties for a fixed France 150 metric tons period. Italy 600 metric tons 2. If the Commission has acted at the request of a Denmark 570 metric tons Member State, the former shall give its decision within a maximum period of 10 working days from Ireland 300 metric tons the date of receipt of the request and shall inform United Kingdom 20 760 metric tons the Member State of the action taken.
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3 . Each Member State may refer the measure taken in connection with the common agricultural policy by the Commission to the Council within a period pursuant to Article 43 of the Treaty or those drawn of 10 working days following the date it was notified. up in connection with the common commercial The fact that the matter has been referred to the policy pursuant to Article 113 of the Treaty. Council shall not constitute the suspension of the measure. The Council shall meet without delay. Acting on a qualified majority, it may amend or repeal the measure in question.
Article8¶
The provisions of Articles 5 and 6 shall not preju This Regulation shall enter into force on 1 January dice the application of the safeguard clauses drawn up 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
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ANNEX
List of developing countries and territories enjoying generalized tariff preferences
INDEPENDENT COUNTRIES
Afghanistan Haiti Qatar Honduras Romania Algeria Argentina India Rwanda Bahamas Indonesia Saudi Arabia Bahrain Iran Senegal Bangladesh Iraq Sierra Leone Barbados Ivory Coast Singapore Bhutan Jamaica Somalia Bolivia Jordan Sri Lanka Botswana Kenya Sudan Brazil Khmer Republic Surinam Burma Korea ( South) Swaziland Burundi Kuwait Syria Cameroon Laos T anzania Cape Verde Islands Lebanon Thailand Lesotho Central African Republic Togo Chad Liberia Tonga Chile Libya Trinidad and Tobago Colombia Malagasy Republic Tunisia Malawi Congo, People's Republic of Uganda Costa Rica Malaysia United Arab Emirates : Cuba Maldive Islands Abu Dhabi Cyprus Mali Dubai Dahomey Mauritania Ras al Khaimah Dominican Republic Mauritius Fujairah Ecuador Mexico Ajman Egypt, Arab Republic of Morocco Sharjah El Salvador Nauru Ummal Qaiwain Equatorial Guinea Nepal Upper Volta Ethiopia Nicaragua Uruguay Fiji Niger Venezuela Gabon Nigeria Vietnam, Republic of Gambia Oman Western Samoa Ghana Pakistan Yemen, People's Democratic Grenada Panama Republic of Guatemala Papua New Guinea Yemen Arab Republic Guinea Paraguay Yugoslavia Guinea Bissau Peru Zaire Guyana Philippines Zambia
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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 (2) Macao Mozambique Netherlands Antilles New Caledonia and Dependencies Norfolk Island Pacific Islands administered by the United States of America or under United States trusteeship (s ) Portuguese Timor St Helena (including Ascension, Gough Island, and Tristan da Cunha) Saint Pierre and Miquelon Sao Tomé 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 (4)
Note: The above lists may by amended subsequently to take account of changes in the inter national status of countries or territories.
(*) 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). (4) Dominica, St Lucia, St Vincent.