31976R3024

20 . 12 . 76 Official Journal of the European Communities No L 349/99

COUNCIL REGULATION (EEC) No 3024/76 of 13 December 1976

opening, allocating and providing for the administration of a Community tariff quota for raw or unmanufactured Virginia type tobaccos originating in developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES , 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 Having regard to the opinion of the European Virginia type tobacco special conditions consisting in Parliament (*) a reduction of the customs duty applicable to these products within the limits of a Community tariff quota ; Whereas in the Joint Declaration of Intent, on the development of trade relations with Sri Lanka, India, Malaysia, Pakistan and Singapore (2), the Community Whereas the offer made by the Community includes declared its readiness to seek solutions to the a clause stating that the Community drew up the problems which may arise in the field of trade with offer on the assumption that all the main industrial­ the countries referred to ; ized countries which are members of the OECD 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 types of ummanufactured tobaccos concerned are an nature, does not constitute a binding commitment important export product and the flow of trade in and, in particular, may be withdrawn wholly or in such products is likely to be changed as a result of part at a later date ; whereas this possibility may be the enlargement of the Community and,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 these types of tobaccos should be included in the generalized preferences scheme ; Whereas, moreover, the conference of Heads of State or of Government of the Member States and the Whereas, within the context of UNCTAD, the States acceding to the European Communities held European Economic Community offered to grant in Paris from 19 to 21 October 1972, invited the tariff preferences on certain processed agricultural Community institutions and the Member States pro­ products of Chapters 1 to 24 of the Common gressively to adopt an overall policy of development Customs Tariff which originate in developing cooperation on a world-wide scale comprising in countries ; whereas the preferential treatment particular the improvement of generalized preferences proposed in that offer consists, in respect of certain with the aim of achieving a steady increase in imports goods which are subject to the trade arrangements of manufactures from the developing countries ; laid down in Regulation (EEC ) No 1059/69, of a reduction in the fixed component of the charge applicable to such goods by virtue of that Regulation , Whereas tariff preferences have been applied as from the second half of 1971 ; whereas, however, for the flue-cured Virginia type tobacco, the said system of tariff preferences has been made applicable from 1974 (*) OJ No C 259 , 4 . 11 . 1976, p . 27. and it is appropriate to apply this system henceforth (2) OJ No L 73 , 27. 3 . 1972, p . 195 . for all Virginia type tobaccos ;

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Whereas it is expedient, therefore, that the Com­ States until this quota is used up ; whereas, having munity should open for 1977 for these raw or regard to the principles set out above, the Community unmanufactured tobaccos, originating in the countries nature of the quota can be respected by allocating and territories listed in the Annex, a Community the Community tariff quota among Member States ; tariff quota limited to 60 000 metric tons, at a customs whereas , moreover, to this end and in the context of duty rate of 7% with a minimum charge of 15 units the utilization system, the actual charges against the of account per 100 kilogrammes net weight for quota may relate only to products which have been Virginia type tobaccos falling within subheading entered for home use and which are accompanied by 24.01 ex B and with a maximum charge of 45 units a certificate of origin ; of account per 100 kilogrammes net weight for the Virginia type tobaccos falling within subheadings Whereas, on the basis of the available statistical data 24.01 A ex I and 24.01 A ex II ; which cover only a relatively brief period and whereas they should be weighted on the basis of the estimates Whereas, in accordance with Protocol 23 to the which may be made in respect of the quota year, the Act of Accession (*), the generalized tariff preference shares in the quota amount may be set out as follows : scheme became fully applicable in the new Member States on 1 January 1974 ; Germany 10 525 metric tons Benelux 5 700 metric tons Whereas, for the tobaccos concerned, this scheme France 1 000 metric tons would, however, involve the application in the new Italy 4 000 metric tons Member States in 1977 of customs duties higher than Denmark 1 900 metric tons or very close to those which will be applied by the Ireland 1 975 metric tons new Member States to non-member countries in general on the basis of the provisions of the above­ United Kingdom 34 900 metric tons mentioned Act ; whereas this situation would comply neither with the spirit nor with the very nature of Whereas, without affecting the Community nature the generalized preference scheme ; whereas, in order of the tariff quota under consideration, it appears to maintain an equivalent preferential margin for possible to provide temporarily for a utilization these products also, reduced customs duties should scheme based on a single allocation among the be applied to them, in accordance with detailed rules Member States ; whereas, moreover, the allocation based on the principle of maintaining, in the new set out by this Regulation in no way prejudices the Member States , a preference proportional to that possibility of adopting the general method of which exists between the duties of the Common allocation of Community tariff quotas comprising Customs Tariff and the duties given in Article 1 of the setting up of a reserve share ; whereas at this this Regulation ; whereas, with a view to granting transitional stage it appears feasible that such allo­ the beneficiary developing countries the best possible cation could be made according to the amounts set treatment, in accordance with the objectives of the out above ; preference scheme, the duties given in the abovemen­ tioned Article 1 should also be applied wherever the Whereas measures sihould be provided for which will duties calculated according to the abovementioned enable any serious disruption in any sector of the detailed rules prove to be higher than them ; economic activity of the Community to be avoided ; whereas to this end, the Commission should be Whereas the benefit of this tariff quota should be empowered to re-introduce partially or wholly the reserved for products originating in the countries and levying of customs duties in order that such disrup­ territories under consideration, the concept of tion may be avoided ; 'originating products' being determined in accordance Whereas the shares of the Member States in the with the procedure laid down in Article 14 of Council Regulation (EEC ) No 802/68 of 27 June 1968 on the Community tariff quota, in view of its duration and common definition of the concept of the origin of its amount, do not appear in this instance to goods (2); compromise the equal access for Community im­ porters to Community tariff quotas ; whereas for this same reason it would appear expedient to allow Whereas it is necessary to ensure equal and each Member State to choose the system for admini­ continuous access for all Community importers to the stering its share ; abovementioned quota and the uninterrupted appli­ cation of the rate laid down for this quota to all Whereas since the Kingdom of Belgium, the Kingdom imports of the products concerned into all Member of the Netherlands and the Grand Duchy of Luxem­ bourg are united in and represented by the Benelux Economic Union, all transactions concerning the administration of shares allocated to that economic (*) OJ No L 73 , 27. 3 . 1972 , p . 178 . (2) OJ No L 148 , 28 . 6 . 1968 , p . 1 . union may be carried out by any one of its members,

20 . 12 . 76 Official Journal of the European Communities No L 349/101

HAS ADOPTED THIS REGULATION : Article 2

The Community tariff quota mentioned in Article 1 Article 1 shall be allocated in shares which, for each Member State, shall be of the amount indicated below :

Germany 10 525 metric tons 1 . From 1 January to 31 December 1977, a Commu­ Benelux 5 700 metric tons nity tariff quota of 60 000 metric tons shall be opened France 1 000 metric tons in the Community for the imports of raw or unmanufactured Virginia type tobaccos falling within Italy 4 000 metric tons subheadings 24.01 A ex I, 24.01 A ex II and 24.01 Denmark 1 900 metric tons ex B of the Common Customs Tariff. Within this Ireland 1 975 metric tons tariff quota the customs duty shall be suspended United Kingdom 34 900 metric tons at 7% with a minimum charge of 15 units of account per 100 kilogrammes net weight for Virginia type tobaccos falling within subheading 24.01 ex B and Article 3 a maximum charge of 45 units of account per 100 kilogrammes net weight for Virginia type tobaccos falling within subheadings 24.01 A ex I and 24.01 A 1 . The Member States shall ensure free access to ex II . the share which has 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 the customs 2 . The extent to which the shares of Member States duties determined by multiplying, by a coefficient have been used up shall be determined on the equal to the margin of preferences existing between basis of imports of the said goods which have been the duty given in the first subparagraph and the entered for home use, and which are accompanied Common Customs Tariff duties applicable, the duties by a certificate of origin in accordance with the rules obtained by reducing by 80% the difference between referred to in Article 1 (2). the lowest duty applied on 1 January 1972 to the developing countries set out in the Annex and the 3 . Goods may qualify for a tariff quota only if 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 duties given in the first subparagraph shall be applied from 1 January to 30 June 1977, where the duties resulting from the abovementioned Article 4 calculation are higher than them . From 1 July 1977 the duties given in the first subparagraph shall be Member States shall inform the Commission at applied . monthly intervals of imports of the said goods charged against their shares . This information shall 2. This tariff quota shall apply solely to products show both the value expressed in units of account originating in the countries and territories listed in and the quantity expressed in metric tons . the Annex. However, those imports which enjoy exemption from customs duties under other pre­ Article 5 ferential tariff arrangements granted by the Commu­ nity may not be charged against this tariff quota. Should imports of the products benefiting under the arrangements provided for in Article 1 be imported For the purposes of the application of this Regulation into the Community at prices such as to put or be the concept of 'originating products' shall be de­ likely to put Community producers of similar or termined in accordance with the procedure laid down directly competitive products at a serious in Article 14 of Regulation (EEC) No 802/68 . disadvantage 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 Entry to this tariff quota shall be subject to the pro­ country or countries or territory or territories which duction of a certificate of authenticity appearing in are the cause of such disadvantage. Such measures the certificate of origin and made out in accordance may also be taken in the event of a serious disadvan­ with the procedure referred to in the second tage, either actual or foreseeable, which is confined subparagraph. to a single region of the Community.

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Article6¶

1 . In order to ensure that Article 5 is applied, the Articles 5 and 6 shall not prejudice the application of Commission may, by way of a Regulation, re-intro­ the protective clauses drawn up in connection with duce normal duties for a fixed period. the common agricultural policy pursuant to Article 43 of the Treaty nor those drawn up in connection with 2. If the Commission has acted at the request of a the common commercial policy pursuant to Article Member State, the former shall give its decision 113 of the Treaty. 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 it has taken . Article 8

3 . Each Member State may refer the measure taken Member States and the Commission shall cooperate by the Commission to the Council within a period of closely to ensure that the above Articles are observed. 10 working days following the date it was notified. The fact that the matter has been referred to the Article 9 Council shall not constitute the suspension of the 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 . 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/ 103

ANNEX

List of developing countries and territories enjoying generalized tariff preferences

I. INDEPENDENT COUNTRIES

Afghanistan Guyana Philippines Haiti Qatar Algeria Honduras Romania Angola Argentina India Rwanda Bahamas Indonesia Sao Tome and Principe Bahrain Iran Saudi Arabia Bangladesh Iraq Senegal Barbados Ivory Coast Seychelles Bénin Jamaica Sierra Leone Bhutan Jordan Singapore Bolivia Kenya Somalia Botswana Khmejr Republic Sri Lanka Brazil Korea (South) Sudan Burma Kuwait Surinam Burundi Laos Swaziland Cameroon Lebanon Syria Cape Verde Islands I esotho Tanzania Central African Republic Liberia Thailand Chad Libya Togo Chile Malagasy Republic Tonga Colombia Malawi Trinidad and Tobago Comoros Malaysia Tunisia Congo, People's Republic of Maldive Islands Uganda Costa Rica Mali United Arab Emirates : Cuba Mauritania Abu Dhabi Cyprus Mauritius Dubai Dominican Republic Mexico Ras al Khaimah Ecuador Morocco Fujairah Ajman Egypt, Arab Republic of Mozambique Sharjah El Salvador Nauru Ummal Qaiwain Equatorial Guinea Nepal Upper Volta Ethiopia Nicaragua Uruguay Fiji Niger Venezuela Gabon Nigeria Vietnam 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 Zambia

No L 349/104 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 (s) 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). (4) Dominica, St Lucia, Sc Vincent.