31975R3015

29 . 11.75 Official Journal of the European Communities 159

REGULATION (EEC) No 3015 /75 OF THE COUNCIL

of 17 November 1975 opening, allocating and providing for the administration of a Community tariff quota for raw or unmanufactured flue-cured Virginia type tobacco originating in developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 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 in such duty; whereas preferential imports of the products Having regard to the Treaty establishing the Euro­ concerned could be effected without quantitative pean Economic Community, and in particular restrictions ; whereas it appears appropriate, however, Article 43 thereof ; in view of the sensitiveness of the tobacco sector generally and of the need to safeguard the interests Having regard to the proposal from the Commission ; of the associated countries and of the ACP States in this field, to lay down for raw or unmanufactured flue-cured Virginia type tobacco special conditions Having regard to the Opinion of the European consisting in a reduction of the customs duty Parliament ( x ); applicable to that product within the limits of a Community tariff quota ; Whereas in the Joint Declaration of Intent ( 2) on the development of trade relations with Sri Lanka, India, Whereas the offer made by the Community includes Malaysia, Pakistan and Singapore, the Community declared its readiness to seek solutions to the a clause stating that the Community drew up the offer on the assumption that all the main industrial­ problems which may arise in the field of trade with ized countries which are members of the OECD the countries referred to ; would participate in granting preferences and would make similar efforts in this direction ; whereas, more­ Whereas, on the one hand, for several Asian countries over, it is evident from the conclusions worked out in of the Commonwealth and particularly India, the UNCTAD that this offer, while being of a temporary type of unmanufactured tobacco concerned is an im­ nature, does not constitute a binding commitment portant export product and the flow of trade in such and, in particular, may be withdrawn wholly or in products is likely to be changed as a result of the part at a later date ; whereas this possibility may be enlargement of the Community and, on the other adopted inter alia with a view to remedying any hand, these countries are among the worst hit by the unfavourable situations which might arise in the present economic crisis ; whereas the system of ACP States following the implementation of the generalized tariff preferences may constitute a generalized preference scheme ; solution to the problems of this nature ; whereas this type of tobacco should exceptionally be included for a transitional period in the system of generalized Whereas tariff preferences have been applied as from preferences ; the second half of 1971 ; whereas, however, for the type of tobacco in question the said system of tariff preferences has been made applicable in 1974 as a Whereas, within the context of UNCTAD , the transitional measure and it is appropriate to continue European Economic Community offered to grant this system for 1976 : tariff preferences on certain processed agricultural products of Chapters 1 to 24 of the Common Customs Tariff which originate in developing Whereas it is expedient, therefore, that the Com­ countries ; whereas the preferential treatment munity should open for 1976 for raw or unmanu­ proposed in that offer consists, in respect of certain factured flue-cured Virginia type tobacco, originatirig goods which are subject to the trade arrangements in the countries and territories listed in the Annex, laid down in Regulation (EEC ) No 1059/69 , of a a Community tariff quota limited to 38 000 metric reduction in the fixed component of the charge tons, at a customs duty rate of 10-5% with a minimum charge of 12-5 units of account and a maxi­ o OJ No C 257, 10 . 11 . 1975 , p. 30 . mum charge of 15 units of account per 100 kilo­ (2) OJ No L 73 , 27 . 3 . 1972 , p. 195 . grammes net weight ;

160 Official Journal of the European Communities 29 . 11.75

Whereas, in accordance with Protocol 23 to the Act Whereas, on the basis of the available statistical data of Accession (*), the generalized tariff preference which cover only a relatively brief period and whereas scheme became fully applicable in the new Member they should be weighted on the basis of the estimates States on 1 January 1974 ; which may be made in respect of the quota year, the shares in the quota amount may be set out as follows : Whereas, for the product concerned, this scheme Germany 4 350 metric tons would, however, involve the application in the new Member States in 1976 of customs duties higher Benelux 3 250 metric tons than or very close to those which will be applied France 700 metric tons by the new Member States to non-member countries in general on the basis of the provisions of the above­ Italy 3 000 metric tons mentioned Act; whereas this situation would comply neither with the spirit nor with the very nature of the Denmark 1 900 metric tons generalized preference scheme; whereas, in order to Ireland 1 500 metric tons maintain an equivalent preferential margin for these products also, reduced customs duties should be United Kingdom 23 300 metric tons applied to them, in accordance with detailed rules based on the principle of maintaining, in the new Whereas, without affecting the Community nature Member States, a preference proportional to that of the tariff quota under consideration, it appears which exists between the duties of the Common possible to provide temporarily for a utilization Customs Tariff and the duties given in Article 1 of scheme based on a single allocation among the this Regulation; whereas, with a view to granting Member States ; whereas, moreover, the allocation the beneficiary developing countries the best possible set out by this Regulation in no way prejudices the treatment, in accordance with the objectives of the possibility of adopting the general method of preference scheme, the duties given in the abovemen­ allocation of Community tariff quotas comprising tioned Article 1 should also be applied wherever the the setting up of a reserve share ; whereas at this duties calculated according to the abovementioned transitional stage it appears feasible that such allo­ detailed rules prove to be higher than them ; cation could be made according to the amounts set out above;

Whereas the benefit of this tariff quota should be Whereas the shares of the Member States in the reserved for products originating in the countries and Community tariff quota, in view of its duration and territories under consideration, the concept of its amount, do not appear in this instance to 'originating products' being determined in accordance compromise the equal access for Community im­ with the procedure laid down in Article 14 of Council porters to Community tariff quotas ; whereas for Regulation (EEC) No 802/68 (*) of 27 June 1968 this same reason it would appear expedient to allow on ' the common definition of the concept of the each Member State to choose the system for origin of goods ; administering its share ;

Whereas since the Kingdom of Belgium, the Kingdom Whereas it is necessary to ensure equal and contin­ of the Netherlands and the Grand Duchy of Luxem­ uous access for all Community importers to the bourg are united in and represented by the Benelux abovementioned quota and the uninterrupted appli­ Economic Union, all transactions concerning the cation of the rate laid down for this quota to all administration of the share allocated to that imports of the products concerned into all Member Economic Union may be carried out by any one of States until this quota is used up; whereas, having its members, regard to the principles set out above, the Community nature of the quota can be respected by allocating the Community tariff quota among Member States ; HAS ADOPTED THIS REGULATION : whereas, moreover, to this end and in the context of the utilization system, the actual charges against the quota may relate only to products which have been Article 1 entered for home use and which are accompanied by a certificate of origin; 1 . From 1 January to 31 December 1976 a Commu­ nity tariff quota of 38 000 metric tons shall be opened in the Community for the imports of raw or unmanufactured flu^-cured Virginia type tobacco (!) OJ No L 73 , 27. 3 . 1972, p . 178 . falling within subheading ex 24.01 B of the Common (8) OJ No L 148, 28 . 6. 1968, p . 1 . Customs Tariff. Within this tariff quota the customs

29 . 11 . 75 Official Journal of the European Communities 161

Germany 4 350 metric tons duty shall be suspended at 10-5% with a minimum charge of 12-5 units of account and a maximum Benelux 3 250 metric tons charge of 15 units of account per 100 kilogrammes net weight. France 700 metric tons

Italy 3 000 metric tons On importation into Denmark, Ireland and the Denmark 1 900 metric tons United Kingdom, there shall be applied the customs duties determined by multiplying, by a coefficient Ireland 1 500 metric tons equal to the margin of preferences existing between United Kingdom 23 300 metric tons the duty given in the first subparagraph and the Common Customs Tariff duties applicable, the duties Article 3 obtained by reducing by 80% the difference between the lowest duty applied on 1 January 1972 to the 1 . The Member States shall ensure free access to developing countries set out in the Annex and the the share which has been allocated to them for Common Customs Tariff. importers of the products concerned who are established on their territory. However, the duties given in the first subparagraph 2. The extent to which the shares of Member States shall be applied where the duties resulting from the abovementioned calculation are higher than them . have been actually filled shall be determined on the basis of imports of the said goods which have been entered for home use, and which are accompanied 2. This tariff quota shall apply solely to products by a certificate of origin in accordance with the rules originating in the countries and territories listed in referred to in Article 1 (2). the Annex. However, those imports which enjoy exemption from customs duties under other pre­ 3 . Goods may qualify for a tariff quota only if the ferential tariff arrangements granted by the Commu­ certificate of origin referred to in paragraph 2 is nity may not be charged against this tariff quota. submitted before the date on which the levying of duties is re-introduced. For the purposes of the application of this Regulation Article 4 the concept of 'originating products' shall be de­ termined in accordance with the procedure laid down Member States shall inform the Commission at in Article 14 of Regulation (EEC) No 802/68 . monthly intervals of imports of the said goods actually charged against their shares. This information shall show both the value expressed in Entry to this tariff quota shall be subject to the units of account and the quantity expressed in metric production of a certificate of authenticity appearing tons . in the certificate of origin and made out in accord­ ance with the procedure referred to in the second Article 5 subparagraph . Member States and the Commission shall cooperate closely to ensure that the above Articles are observed. Article 2 Article 6 The Community tariff quota mentioned in Article 1 shall be allocated in shares which, for each Member This Regulation shall enter into force on 1 January State , shall be of the amount indicated below . 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

162 Official Journal of the European Communities 29.11.75

ANNEX

List of developing countries and territories enjoying generalized tariff preferences

INDEPENDENT COUNTRIES

Haiti Qatar Afghanistan Algeria Honduras Rwanda India Saudi Arabia Argentina Bahamas Indonesia Senegal Bahrain Iran Sierra Leone Bangladesh Iraq Singapore Barbados Ivory Coast Somalia Bhutan Sri Lanka Jamaica Bolivia Sudan Jordan Botswana Surinam Kenya 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 Libya T unisia 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 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 Western Samoa Nigeria Gambia Oman Yemen, People's Democratic Ghana Pakistan Republic of Grenada Panama Yemen Arab Republic Guatemala Papua New Guinea Yugoslavia Guinea Zaïre Paraguay Guinea Bissau Peru Zambia Guyana Philippines

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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 (3) 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 be 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.