31976R3020
20 . 12. 76 Official Journal of the European Communities No L 349/ 13
COUNCIL REGULATION (EEC) No 3020/76
of 13 December 1976
opening and providing for the administration of preferential Community tariff ceilings for certain products originating in developing countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES whereas such additional amount is variable and is calculated each year on the basis of the latest figures available, provided that this entails no reduction in Having regard to the Treaty establishing the the ceiling; European Economic Community, Whereas the offer made by the Community includes a clause stating that the Community drew up the Having regard to the proposal from the Commission, offer on the assumption that all the main indu strialized countries which are members of the OECD would participate in granting preferences and would Having regard to the opinion of the European make similar efforts in this direction; whereas, Parliament (1), moreover, it is evident from the conclusions worked out in UNCTAD that this offer, while being of a temporary nature, does not constitute a binding Whereas, within the context of UNCTAD, the commitment and, in particular, may be withdrawn European Economic Community offered to grant tariff preferences on finished and semi-finished wholly or in part at a later date; whereas this products coming from developing countries ; whereas possibility may be adopted inter alia with a view to remedying any unfavourable situations which might the preferential treatment proposed in that offer arise in the ACP States following the implementation covers, generally speaking, all finished and semi of the generalized preference scheme ; finished industrial products covered by Chapters 25 to 99 of the Common Customs Tariff which originate in developing countries ; whereas the preference Whereas, moreover, the conference of the Heads of consists in the granting of exemption from customs State or of Government of the Member States and duties ; whereas preferential imports are effected up the States acceding to the European Communities to the level of ceilings calculated by value in respect held in Paris from 19 to 21 October 1972 invited of each product on the basis of factors which are the Community institutions and the Member States uniform for all the products ; whereas in order that progressively to adopt an overall policy of the preferences granted to the most competitive development cooperation on a world-wide scale developing country or countries should be restricted comprising in particular the improvement of and that a substantial share should be reserved for, generalized preferences with the aim of achieving the least competitive, preferential imports from any a steady increase in imports of manufactures from one developing country in respect of a given product the developing countries ; 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 Whereas, in the offer made by the Community, the out above ; whereas these preferences should annual ceilings should normally be calculated on the continue to be applied throughout 1977; whereas, basis of the total value for 1968 cif imports from having regard to the terms of the offer concerned the countries benefiting from this scheme, excluding and to the need to improve the generalized those already enjoying various preferential tariff preferences, the abovementioned basic amount arrangements granted by the Community (basic should normally refer to 1974, as should generally amount), plus 5% of the value of cif imports from the additional amount; whereas however, the the other countries and from the countries already application of this method of calculation should enjoying such arrangements (additional amount); remain compatible with the progressive nature of the preference scheme in such a way as to provide a period of adaptation for the industrial sectors affected in the Community ; whereas for this purpose (x) OJ No C 259, 4. 11 . 1976, p. 27. it would appear adequate to limit for each product
No L 349/14 Official Journal of the European Communities 20. 12 . 76
the considerable improvement resulting from the said tioned countries ; whereas, however, in order to method to a level which does not exceed 150% of ensure that all the countries and territories in each of the preferential amounts open in 1976; question are able to benefit from this preferential system, the Community maximum amount should, for certain products, be reduced to 20, 30 or 40% ;
Whereas in practice the latest complete statistics Whereas preferential Community tariff quotas were available are those relating to the year 1974; whereas previously granted for all the products listed in however since that year the statistics in question and Annex A; whereas experience in recent years has particularly those relating to the value of the Com shown that this improvement in the Community munity's external trade have been expressed in a preferences scheme can only be achieved if an effort statistical unit (EUR) which is no longer defined in is made to ensure a more balanced distribution of the same way as the unit of account (u.a.) prescribed the advantages granted to all the beneficiary countries for the Common Customs Tariff; whereas therefore and territories ; whereas for this reason and in order it is necessary to define a conversion rate between to afford each of them equal opportunity to benefit these two units : whereas in 1974 one EUR unit was from the preferential ceilings, it seems adequate to equivalent in practice to one European unit of limit to 15% the maximum amount for each of the account and the practice has been to ascribe to the beneficiary countries and territories which have latter the same value as for the unit of account (u.a.); either reached the maximum amount for a given whereas it seems appropriate therefore in these product during two consecutive years since 1972 or circumstances, and for the particular ends of the which, according to the most up-to-date statistics calculations required under this Regulation, to con available, supply the Community with at least 40% sider the statistics expressed in EUR in this Regulation of its imports of the product in question from the as if expressed in the units of account of the Com beneficiary countries and territories as a whole; mon Customs Tariff; whereas the unit of account whereas, however, in order to avoid damaging the should remain the only unit to be used within the intererests of the less favoured of these beneficiary preference system, along with its conversion rates countries and territories the 15% limit will not be into national currencies based on gold parities ; applied in the case of those which have a very low per capita national product, or which for a given product have charged against the preferences an amount repre senting at least 10% of their deliveries to the Com Whereas, in accordance with Protocol 23 to the Act munity of industrial manufactured products eligible of Accession (*), the generalized tariff preference for the Community preferences scheme; whereas, in scheme became fully applicable in the new Member addition, in order to ensure that the new maximum States on 1 January 1974; amounts are not less than those fixed hitherto, the abovementioned maximum amount of 15% shall in general only apply or shall only become applicable where, in absolute value, it is higher than the level Whereas it is expedient, therefore, in respect of the since the 1974 preferences ; products referred to in Annex A which originate in the countries and territories listed in Annex B , that the Community should allow, for each category Whereas, furthermore, for some of the products of these products and throughout 1977, duty-free affected by the fixing of the maximum amount at imports within the limits of the Community ceilings 15% , this improvement is conditional upon the calculated in the manner set out above ; whereas the introduction of measures calculated to encourage the benefit of such tariff exemption should be reserved principal suppliers benefiting from the system to ensure a balanced distribution of their deliveries for products originating in the countries and territories under consideration, the concept of throughout the Community instead of concentrating 'originating products' being determined in accord them in specific areas, or even in one single area ance with the procedure laid down in Article 14 of of the Community ; whereas to this end general Council Regulation (EEC) No 802/68 of 27 June 1968 provision should be made for the levying of the on the common definition of the concept of the normal customs duties to be re-introduced in a origin of goods (2); whereas charges against each of Member State when preferential imports originating these ceilings must, as a general rule, come within a in a single beneficiary country or territory reach maximum Community amount of 50% in respect 50% of the maximum amount envisaged above ; of the products originating in any of the abovemen whereas this measure does not interfere with the immediate re-introduction of the levying of the normal customs duties at Community level when preferential imports reach the Community maximum amounts ; whereas, as regards the Community ceilings, there is nothing to prevent provisions being (x) OJ No L 73 , 27. 3 . 1972, p . 14. made only for the possibility of the Community's /2) OJ No L 148 , 28 . 6. 1968 , p . 1 . re-introducing the levying of the normal customs
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duties when the said ceilings are reached at Com products shall be determined in accordance with munity level ; the procedure laid down in Article 14 of Regulation (EEC) No 802/68 .
Whereas, under these circumstances, these objectives may be reached by applying a method of 3 . Subject to the provisions of Articles 2 and 4 (2), administration based on the charging, at Community and with the exception of certain products the level, against the abovementioned ceilings and value of the ceilings for which is given in Annex A, maximum amounts, of imports of the products this suspension shall be granted, in respect of each concerned as and when these products are entered category of products, within a Community ceiling for home use and are accompanied by a certificate which shall be expressed in units of account and of origin ; whereas this method of administration which shall be equal to the amount obtained by must make provision for the re-introduction of the adding together the values of cif imports in 1974 levying of customs duties as soon as the said ceilings of the products concerned to the Community from or maximum amounts are reached at Community the countries and territories enjoying these level ; arrangements, excluding those already enjoying various preferential tariff arrangements granted by Whereas such method of administration calls for the Community, and 5% of the value of cif imports in 1974 from other countries and from countries very close and particularly rapid cooperation and territories already enjoying such arrangements. between Member States and the Commission, which However the ceiling resulting from the sum of this must, in particular, be able to observe every 10 days addition may in no case exceed 172-5% of that the extent to which charges are made against the resulting from the substitution of the year 1971 for ceilings and maximum amounts and inform Member the year 1974 in the first term of the addition and States thereof; whereas such cooperation should be of the year 1972 for the year 1974 in the second term particularly close in view of the need for the Com of the addition : mission to be able to take appropriate measures to re-introduce the levying of customs duties either generally or individually when any of the ceilings or maximum amounts are reached ; For the particular purpose of the abovementioned calculations, the statistics referring to the year 1974, expressed in EUR, are to be considered as being Whereas since the Kingdom of Belgium, the Kingdom expressed in units of account of the Common Cus of the Netherlands and the Grand Duchy of toms Tariff. Luxembourg are united in and represented by the Benelux Economic Union, all transactions concerning the administration of shares allocated to that 4. Subject to the provisions of Articles 2 and 4 (2), economic union may hp carried out by any one of within each ceiling thus calculated, charges of its members, products originating in any one of the countries or territories listed in Annex B should not exceed a Community maximum amount expressed as a per centage or in units of account against each of the HAS ADOPTED THIS REGULATION : products in column 3 of Annex A.
Article 1 5 . However, in the case of the products originating in the beneficiary countries or territories indicated by an asterisk in column 3 of Annex A, the amount 1 . From 1 January to 31 December 1977, the charged against the preferences in a single Member Common Customs Tariff duties and, until 30 June State shall be limited to 50% of the maximum laid 1977, the customs duties of the new Member States on down in paragraph 4. The normal customs duties the products listed in Annex A shall be totally shall again be levied as soon as this level is reached, suspended, subject to the provisions of Articles 2 unless the Member State concerned previously and 4 (2) of this Regulation. notifies the Commission that it does not intend to avail itself of this limitation for all or some of the products concerned. The Commission shall inform 2. This suspension shall be enjoyed solely by pro the Member States of this fact without delay. ducts originating in the countries and territories listed in Annex B. However, imports already enjoying exemption from customs duties under other preferen 6. Any amendment to Annex B, in particular by the tial tariff arrangements granted by the Community addition of new countries enjoying tariff preferences, shall not be charged against the ceilings specified in may entail a corresponding adjustment to the paragraph 3 . For the purposes of the application Community ceilings and the maximum amounts of this Regulation, the concept of originating referred to in paragraphs 3 and 4.
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Article 2 maximum amounts as and when the products are entered for home use, and provided that they are 1 . As soon as the ceilings fixed or calculated in accompanied by a certificate of origin pursuant to accordance with the provisions of Article 1 (3 ), the rules laid down in Article 1 (2). which are laid down for Community imports of products originating in all of the countries referred 2. Goods may be charged against a ceiling or maxi * to in Article 1 (2), are reached at Community level , mum amount only if the certificate of origin referred the levying of customs duties on imports of the to in paragraph 1 is submitted before the date on products in question from all the countries and which the levying of duties is re-introduced. territories concerned may at any time be re-intro duced until the end of the period referred to in the 3 . The extent to which the ceilings and maximum first subparagraph of Article 1 ( 1 ). amounts have been actually used up shall be deter mined at Community level and in the Member States 2. As soon as the maximum amounts determined in on the basis of the imports charged in accordance accordance with Article 1 (4) for imports into the with paragraphs 1 and 2. Community of products originating in each of the countries or territories referred to in Article 1 (2) are reached at Community level for one of these countries Article 4 or territories, the Commission shall without delay inform the Member States of the date on which the normal tariff must be restored in respect of the 1 . The Commission, in close cooperation with the countries or territories concerned. This information Member States, shall take all necessary measures to shall be published in the Official Journal of the ensure that the above provisions are applied. European Communities . 2. The Commission shall issue Regulations to re However, when the amounts of products originating introduce the levying of the fiormal customs duties in one or other of the countries or territories indicated within the context of the ceilings established in by two asterisks in column 3 of Annex A charged respect of all the countries and territories referred against the preferences reach the Community maxi to in Article 1 (2). mum amount in one Member State, that Member State shall without delay re-introduce the levying of the normal customs duty. It shall notify the Com Article 5 mission, which shall inform the other Member States of this fact, at the same time fixing the earliest date Member States shall when requested inform the on which the levying of the normal tariff must be Commission of imports of the products in question re-introduced in these States also . This information charged against the Community ceilings and maxi shall be published in the Official Journal of the mum amounts laid down in Article 1 (3 ) and (4). European Communities.
Until the levying of the normal customs duties is 3 . Without prejudice to the foregoing provisions, re-introduced the information shall cover, in particu where the levying of the normal customs duty is lar, and automatically, the returns relating to the re-introduced under the conditions described in amounts charged against the preferences during the Article 1 (5 ) the Member State concerned shall im previous 10 days, which must be forwarded within mediately notify the Commission, which shall without five full days of the end of each 10-day period. delay inform the other Member States.
Article3¶
1 . Imports of the products in question shall be This Regulation shall enter into force on charged against the Community ceilings and 1 January 1977.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 13 December 1976 . For the Council The President M. van der STOEL
20. 12. 76 Official Journal of the European Communities No L 349/17
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 heading Description Level of the maximum amounts No No (D (2) (3 )
1 28.27 Lead oxides ; red lead and orange lead 20% of a ceiling of 6 474 000 u.a ., re duced to 15 % , or 971 100 u.a. for Mexico n r)
2 28.56 Carbides (for example, silicon carbide, boron carbide , 50% of a ceiling of 773 000 u.a., reduced metal carbides) : to 195 000 u.a . for Yugoslavia (*) (**) C. Of calcium
3 31.05 Other fertilizers ; goods of the present Chapter in 50% of a ceiling of 3 724 000 u.a., tablets , lozenges and similar prepared forms or in reduced to 15% , or 558 600 u.a. for packings of a gross weight not exceeding 10 kg : Yugoslavia (*) (**)
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 of a gross weight not exceeding 10 kg
4 39.03 Regenerated cellulose ; cellulose nitrate , cellulose 50°/o, reduced to 4180u0 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 until 30 June 1977. As from 1 July 1977, the said products also are only token entries as regards the new Member States .
No L 349/18 Official Journal of the European Communities 20. 12. 76
CCT Order Description Level of the maximum amounts heading No No (D ( 2 ) (3 )
5 39.03 Regenerated cellulose ; cellulose nitrate , cellulose 50% of a ceiling of 577 000 u.a ., reduced acetate and other cellulose esters , cellulose ethers and to 92 000 u.a . for Yugoslavia (*) (**) other chemical derivatives of cellulose, plasticized or not ( for example , collodions , celluloid ) ; vulcanized fibre : B. Other : 11 . Cellulose nitrates
6 48.01 Paper and paperboard ( including cellulose wadding), 50% of a ceiling of 31 258 000 u.a., machine-made, in rolls or sheets : reduced to 15% , or 4 688 700 u.a . for Yugoslavia (*) (»*) C. Kraft paper and kraft board : II . Other
7 67.04 (a ) Wigs , false beards , eyebrows and eye lashes , switches 30% of a ceiling of 35 346 000 u.a., and the like, of human or animal hair or of textiles ; reduced to 6 147 000 u.a . for South other articles of human hair (including hair nets) Korea (*) (**)
8 69.02 ( a ) Refractory bricks , blocks , tiles and similar refractory 50% of a ceiling of 9 736 000 u.a ., constructional goods , other than goods falling within reduced to 1 693 000 u.a . for Yugoslavia heading No 69.01 D
9 70.05 Unworked drawn or blown glass ( including flashed 50% of a ceiling of 2 366 000 u.a., glass ), in rectangles reduced to 411 000 u.a . for Yugoslavia (») r )
10 70.13 Glassware (other than articles falling within heading 30% , reduced to 15% , or 814 950 u.a . No 70.19) of a kind commonly used for table , kitchen , for Yugoslavia (**) toilet or office purposes , for indoor decoration , or for similar uses
11 71.16 Imitation jewellery 50% , reduced to 2 154 000 u.a., for Hong Kong (*) (**)
12 73.18 Tubes and pipes and blanks therefor , of iron (other 50% of a ceiling of 13 039 000 u.a ., than of cast iron ) or steel , excluding high-pressure reduced to 2 289 000 u.a . for Yugoslavia hydro-electric conduits n r)
13 74.03 Wrought bars , rods , angles , shapes and sections , of 50% of a ceiling of 6 294 000 u.a ., copper ; copper wire redticed to 1 095 000 u.a . for Yugoslavia D
14 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
(a) Products originating in Romania and which fall within this tariff heading are also eligible for Community preferential tariff arrangements .
20. 12 . 76 Official Journal of the European Communities No L 349/ 19
CCT Order Description Level of the maximum amounts heading No No ( 1 ) ( 2 ) ( 3 )
15 84.41 (a ) Sewing machines ; furniture specially designed for 50% , reduced to 243 000 u.a . for Yugo sewing machines ; sewing machine needles : slavia (**) A. Sewing machines ; furniture specially designed for sewing machines : III . Parts , including furniture specially designed for sewing machines
16 85.01 Electrical goods of the following descriptions : gener 40% of a ceiling of 17 166 000 u.a ., ators , motors , converters ( rotary or static), transformers , reduced to 15% , or 2 574 900 u.a. for rectifiers and rectifying apparatus , inductors : Yugoslavia (*) (**)
A. Generators , motors ( whether or not equipped with speed reducing, changing or step-up gear) and rotary converters : II . Other
17 85.10 Portable electric battery and magneto lamps , other 50% of a ceiling of 4 409 000 u.a ., than lamps falling within heading No 85.09 : reduced to 944 000 u.a. for Hong Kong B. Other ' n r )
18 85.23 Insulated (including enamelled or anodized) electric 20% of a ceiling of 11 118 000 u.a ., wire, cable , bars , strip and the like ( including co-axial reduced to 15 % , or 1 667 700 u.a . for cable), whether or not fitted with connectors Yugoslavia (*) (**)
19 87.14 Other vehicles (including trailers), not mechanically 50% , reduced to 15% , or 2 068 050 u.a ., propelled , and parts thereof : for Yugoslavia (*) (**) B. Trailers and semi-trailers : II . Other
20 90.05 ( a ) Refracting telescopes ( monocular and binocular), 30% , reduced to 15% , or 687 600 u.a . prismatic or not for South Korea (**) and Hong Kong (**)
21 92.11 (a) Gramophones , dictating machines and other sound 20% of a ceiling of 19 911 000 u.a ., recorders and reproducers , including record players reduced to 15% , or 2 986 650 u.a . for and tape decks , with or without sound heads ; television Hong Kong (**) image and sound recorders and reproducers , magnetic : A. Sound recorders and reproducers
(a) Products originating in Romania and which fall within this tariff heading are also eligible for Community preferential tariff arrangements .
No L 349/20 Official Journal of the European Communities 20. 12 . 76
CCT Order Description Level of the maximum amounts heading No No (D (2) (3 )
22 20% of a ceiling of 18 616 000 u.a ., 97.02 ( a) Dolls reduced to 15% , or 2 792 400 u.a . for Hong Kong (*) (**)
23 97.03 Other toys ; working models of a kind used for 20% of a ceiling of 54 762 000 u.a ., recreational purposes reduced to 15% , or 8 214 300 u.a. for Hong Kong (*) (**)
24 97.05 (b) Carnival articles ; entertainment articles ( for example, 20% , reduced to 15% , or 1 065 000 u.a ., conjuring tricks and novelty jokes); Christmas tree for Hong Kong (**) decorations and similar articles for Christmas festivities (for example , artificial Christmas trees , Christmas stockings , imitation Yule-logs , Nativity scenes and figures therefor)
25 98.12 Vacuum Hasks and other vacuum vessels , complete 50 % , reduced to 199 000 u.a . for Hong with cases ; parts thereof , other than glass inners Kong (**)
( a ) Products originating in Romania and which fall within this tariff heading are also eligible for Community preferential tariff arrangement -!. (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 .
20. 12. 76 Official Journal of the European Communities No L 349/21
ANNEX B
List of developing countries and territories enjoying generalized tariff preferences
I. INDEPENDENT COUNTRIES
Afghanistan Guyana Philippines Algeria Haiti Qatar Angola Honduras Rwanda Argentina India Sao Tome and Principe Bahamas Indonesia Saudi Arabia Bahrain Iran Senegal Bangladesh Iraq Seychelles Barbados Ivory Coast Sierra Leone India Jamaica Singapore Bhutan Jordan Somalia Bolivia Kenya Sri Lanka Botswana Khmer Republic Sudan Brazil Korea (South) Surinam Kuwait Burma Swaziland Laos Burundi Syria Lebanon Cameroon Tanzania Lesotho Cape Verde Islands Thailand Liberia Central African Republic Togo Chad Libya Tonga Chile Malagasy Republic Trinidad and Tobago Malawi Colombia Tunisia Comoros Malaysia Uganda Maldive Islands Congo, People's Republic of United Arab Emirates : Mali Costa Rica Abu Dhabi Cuba Mauritania Dubai Mauritius Ras al Khaimah Cyprus Mexico Fujairah Dominican Republic Ecuador Morocco Ajman Mozambique Sharjah Egypt, Arab Republic of Nauru Ummal Qaiwain El Salvador Upper Volta Equatorial Guinea Nepal Uruguay Ethiopia Nicaragua Venezuela Fiji Niger Vietnam Gabon Nigeria Western Samoa Gambia Oman Yemen, People's Democratic Ghana Pakistan Republic of Grenada Panama Yemen Arab Republic Guatemala Papua New Guinea Yugoslavia Guinea Paraguay Zaire Guinea Bissau Peru Zambia
No L 349/22 Official Journal of the European Communities 20 . 12. 76
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) 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 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 Mayotte 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) 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 .
(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 .