31975R3014
29 . 11 . 75 Official Journal of the European Communities 153
REGULATION (EEC) No 3014/75 OF THE COUNCIL
of 17 November 1975
opening, allocating and providing for the administration of a Community tariff quota for preserved pineapples, in slices, half slices or spirals, originating in developing countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES , in view of the sensitiveness of the preserved fruit and vegetable sector generally and of the need to safeguard the interests of the ACP States in this field, to lay Having regard to the Treaty establishing the Euro down for preserved pineapples, in slices, half slices or pean Economic Community, and in particular Article spirals, special conditions consisting in a reduction of v 43 thereof ; the customs duty applicable to that product within the limits of a Community tariff quota ; Having regard to the proposal from the Commission (*); 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 would participate in granting preferences and would "Whereas in the Joint Declaration of Intent (2 ) on make similar efforts in this direction; whereas, more the development of trade relations with Sri Lanka, over, it is evident from the conclusions worked out India, Malaysia, Pakistan and Singapore, the Com in UNCTAD that this offer, while being of a tem munity declared its readiness to seek solutions to porary nature, does not constitute a binding commit the problems which may arise in the field of trade ment and, in particular, may be withdrawn wholly with the countries referred to ; or in part at a later date ; whereas this possibility may be adopted inter alia with a view to remedying Whereas in respect of several Asian countries of the any unfavourable situations which might arise in the Commonwealth and particularly as regards Malaysia ACP States following the implementation of the preserved pineapples are an important export product generalized preference scheme ; and the flow of trade in such products is likely to be changed as a result of the enlargement of the Com munity ; whereas the system of generalized tariff Whereas tariff preferences have been applied as from preferences may constitute a solution to the problems the second half of 1971 ; whereas it is expedient to of this nature; whereas certain forms of preserved continue to apply them throughout 1976 ; pineapples should therefore be included in the system of generalized preferences ; Whereas it is expedient, therefore, that the Com munity should open for 1976 in respect of the said Whereas, within the context of UNCTAD , the Euro products, originating in the countries and territories pean Economic Community offered to grant tariff listed in the Annex, a Community tariff quota limited preferences on certain processed agricultural products to 28 000 metric tons and at a customs duty of of Chapters 1 to 24 of the Common Customs Tariff 15 % , increased by the levy on sugar where the sugar originating in developing countries ; whereas the content exceeds 17% by weight in the case of preferential treatment proposed in that offer consists, products falling within subheading ex 20.06 B II a) in respect of certain goods which are subject to the 5 aa), and 19% by weight in the case of products trade arrangements laid down in Regulation (EEC) falling within subheading ex 20.06 B II b ) 5 aa); No 1059/69, of a reduction in the fixed component of the charge applicable to such goods by virtue of that Regulation, and, in respect of products which are Whereas, in accordance with Protocol 23 to the Act subject to the single customs duty, of a reduction in of Accession (3) the generalized tariff preference such duty; whereas preferential imports of the prod scheme became fully applicable in the new Member ucts concerned could be effected without quantitative States on 1 January 1974 ; restrictions ; whereas it appears appropriate, however,
H 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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Germany 35-1% Whereas, for the said products, this scheme would, however, involve the application in the new Member Benelux 13-0% States in 1976 of customs duties higher than or very close to those which will be applied by the new France 1-0% Member States to non-member countries in general 2-8% Italy on the basis of the provisions of the abovementioned Act; whereas this situation would comply neither Denmark 2-7% with the spirit nor with the very nature of the general Ireland 1-0% ized preference scheme ; whereas, in order to main tain an equivalent preferential margin for these prod United Kingdom 44-4% ucts also, reduced customs duties should be applied to them, in accordance with detailed rules based on the principle of maintaining, in the new Member Whereas, without affecting the Community nature of States, a preference proportional to that which exists the tariff quota under consideration, it appears poss between the duties of the Common Customs Tariff ible to provide temporarily for a utilization scheme and the duties given in Article 1 to this Regulation ; based on a single allocation among the Member whereas, with a view to granting the beneficiary States ; whereas, moreover, the allocation set out by developing countries the best possible treatment, in this Regulation in no way prejudices the possibility accordance with the objectives of the preference of adopting the general method of allocation of scheme, the duties given in the abovementioned Community tariff quotas comprising the setting up of Article 1 should also be applied wherever the duties a reserve share ; whereas at this transitional stage calculated according to the abovementioned detailed it appears feasible that such allocation could be made rules prove to be higher than them ; 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 and Whereas the percentage for the shares of the Member territories under consideration, the concept of States in the Community tariff quotas, in view of 'originating products' being determined in accordance their duration and their amount, does not appear in with the procedure laid down in Article 14 of Coun this instance to compromise the equal access for cil Regulation (EEC) No 802/68 (*) of 27 June 1968 Community importers to Community tariff quotas ; on the common definition of the concept of the origin whereas for this same reason it would appear expedi 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 uous access for all Community importers to the Whereas since the Kingdom of Belgium, the King abovementioned quota and the uninterrupted appli dom of the Netherlands and the Grand Duchy of cation of the rate laid down for this quota to all Luxembourg are united in and represented by the imports of the products concerned into all Member Benelux Economic Union, all transactions concern States until this quota is used up ; whereas having ing the administration of the share allocated to that regard to the principles set out above, the Com Economic Union may be carried out by any one of munity nature of the quota can be respected by its members, allocating the Community tariff quota among Member States; whereas, moreover, to this end and in the context of the utilization system, the actual HAS ADOPTED THIS REGULATION : charges against the quota may relate only to products which have been entered for home use and which are accompanied by a certificate of origin ; Article 1
1 . From 1 January to 31 December 1976 a Com Whereas on the basis of the statistical data available munity tariff quota of 28 000 metric tons shall be which cover only a relatively brief period and opened by the Community for the imports of whereas they should be weighted on the basis of the preserved pineapples in slices, half slices or spirals, estimates which may be made for the quota year, falling within the following subheadings of the the percentage of the shares of the quota amount Common Customs Tariff : ex 20.06 B II a) 5 , ex 20.06 may be drawn up as follows : 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 15% , increased by the levy on sugar (!) OJ No L 148, 28 . 6. 1968, p. 1 . where the sugar content exceeds 17% by weight in
29 . 11 . 75 Official Journal of the European Communities 155
the case of products falling within subheading Article 3 ex 20.06 B II a) 5 aa), and 19% by weight in the case of products falling within subheading ex 20.06 B II 1 . The Member States shall ensure free access to 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 15% given in entered for home use, and which are accompanied paragraph 1 and the Common Customs Tariff by a certificate of origin in accordance with the rules duties applicable, the duties obtained by reducing by referred to in Article 1 (2). 60% the difference between the lowest duty applied on 1 January 1972 to the developing countries set out in the Annex and the Common Customs Tariff. 3 . Goods may qualify for a tariff quota only if the 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 15% given in the first subpara graph shall be applied when the customs duty resulting from the abovementioned calculation is Article 4 higher than it.
Member States shall inform the Commission at monthly intervals of imports of the products in 2 . The benefit of this tariff quota shall be reserved question actually charged against their shares. This for the products originating in the countries and information shall cover both the value expressed in territories listed in the Annex. However, the imports units of account and quantity expressed in metric already benefiting from exemption customs duties tons . under another preferential tariff scheme granted by the Community shall not be charged to this quota.
Article 5 For the purposes of implementing this Regulation the concept of originating products shall be determined If the Community should find that the products in accordance with the procedure laid down in benefiting under the arrangements provided for in Article 14 of Regulation (EEC) No 802/68 . Article 1 are being imported into the Community in quantities or at prices such as to put or be likely to put Community producers of similar or directly competitive products at a serious disadvantage or to create an unfavourable situation in the ACP States, Article 2 the customs duties applied within the Community may be re-introduced in part or in full for imports The Community tariff quotas mentioned in Article 1 of the products in question from the country or shall be allocated in shares which in respect of each countries or territory or territories which are the Member State shall be of the amount indicated cause of such disadvantage. Such measures may also below : be taken in the event of a serious disadvantage, either actual or foreseeable, which is confined to a single region of the Community. Germany 9 820 metric tons
Benelux 3 640 metric tons Article 6 France 280 metric tons 1 . In order to ensure that Article 5 is applied, the Italy 780 metric tons Commission may, by way of a Regulation, re-intro duce Common Customs Tariff duties for a fixed Denmark 770 metric tons period . Ireland 280 metric tons 2. If the Commission has acted at the request of United Kingdom 12 430 metric tons a Member State, the former shall give its decision
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Article 7 within a maximum period of 10 working days from the date of receipt of the request and shall inform the Member State of the action taken . The provisions of Articles 5 and 6 shall not prejudice the application of the safeguard clauses drawn up in connection with the common agricultural policy 3 . Each Member State may refer the measure taken pursuant to Article 43 of the Treaty or those drawn by the Commission to the Council within a period up in connection with the common commercial of 10 working days following the date it was notified. policy pursuant to Article 113 of the Treaty. The fact that the matter has been referred to the Council shall not constitute the suspension of the Article 8 measure. The Council shall meet without delay. Acting on a qualified majority, it may amend or This Regulation shall enter into force on 1 January repeal the measure in question. 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 157
ANNEX
List of developing countries and territories enjoying generalized tariff preferences
INDEPENDENT COUNTRIES
Afghanistan Haiti Qatar Algeria Honduras Romania 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 Tanzania 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 Mali Cyprus 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
158 Official Journal of the European Communities 29 . 11.75
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 (x) 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 (3 ) Portuguese Timor St Helena (including Ascension, Gough Island, and Tristan da Cunha) Saint Pierre and Miquelon Sao 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 (4)
Note : The above lists may be amended subsequently to take account of changes in the inter national status of countries or territories .
f1) Gilbert Islands, Tuvalu, British Solomon Islands, New Hebrides Condominium , and Pitcairn Islands. (!) Antigua, Montserrat, St Kitts-Nevis-Anguilla, British Virgin Islands . (3) 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. '