31976R3025

20 . 12 . 76 Official Journal of the European Communities No L 349/ 105

COUNCIL REGULATION (EEC) No 3025/76

of 13 December 1976

opening preferential tariffs for developing countries for raw or unmanufactured tobaccos falling within subheading 24.01 A ex II of the Common Customs Tariff

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 ; Having regard to the Treaty establishing the Euro­ whereas preferential imports of the products pean Economic Community, and in particular concerned could be effected without quantitative Article 43 thereof, restrictions ; whereas, it appears appropriate however, 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 these raw or unmanufac­ tured tobaccos special conditions consisting in a Having regard to the opinion of the European reduction of the customs duty applicable to these Parliament ( 1), products within the limits of a Community tariff ceiling;

Whereas in the Joint Declaration of Intent on the development of trade relations with Sri Lanka, India, Whereas the offer made by the Community includes Malaysia, Pakistan and Singapore (2), the Community a clause stating that the Community drew up the declared its readiness to seek solutions to the offer on the assumption that all the main industrial­ problems which may arise in the field of trade for ized countries which are members of the OECD the countries referred to as well as for developing would participate in granting preferences and would countries situated in the same geographical region ; make similar efforts in this direction ; whereas, more­ over, it is evident from the conclusions worked out in UNCTAD that this offer, while being of a temporary Whereas, particularly for Indonesia, raw or nature, does not constitute a. binding commitment unmanufactured tobaccos, other than Virginia type, and, in particular, may be withdrawn wholly or in falling within subheading 24.01 A ex II, represent an part at a later date; whereas this possibility may be important export product ; whereas the generalized adopted inter alia with a view to remedying any preferences scheme may constitute a solution for unfavourable situations which might arise in the problems arising in this connection ; whereas these ACP States following the implementation of the types of tobaccos should therefore be included in generalized preference scheme ; 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 in European Economic Community offered to grant 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 Whereas tariff preferences have been applied as from the second half of 1971 ; whereas, however, for cer­ H OJ No C 259, 4. 11 . 1976, p . 27. tain types of tobacco the said system of tariff pre­ (2) OJ No L 73 , 27. 3 . 1972, p . 195. ferences has been made applicable from 1974; where­

No L 349/ 106 Official Journal of the European Communities 20 . 12 . 76

as it is appropriate to extend this system henceforth concerned are presented for customs clearance under also for tobaccos falling within 'subheading 24.01 A cover of declarations that they are intended for home ex II ; use and are accompanied by a certificate of origin ; whereas this method of administration must make provision for the re-introduction of customs duties as Whereas it is expedient, therefore, that the Com­ soon as the ceiling is reached at Community level ; munity should open for 1977 for the said raw or unmanufactured tobaccos, other than Virginia type, originating in the countries and territories listed in Whereas such method of administration calls for the Annex, a Community ceiling of 2 500 metric tons, very close and particularly rapid cooperation between at a customs duty rate of 7% with a minimum charge Member States and the Commission, which must, in of 33 units of account and a maximum charge of particular, be able to observe the extent to which 45 units of account per 100 kilogrammes net weight; charges are made against the ceiling and inform Member States thereof; whereas such cooperation should be particularly close in view of the need for Whereas, in accordance with Protocol 23 to the Act the Commission to be able to take appropriate of Accession ( 1 ), the generalized tariff preference measures to re-introduce customs duties either scheme became fully applicable in the new Member generally or individually, when the ceiling is reached ; States on 1 January 1974 ;

Whereas measures should be provided for which will Whereas, for the product concerned, this scheme enable any serious disruption in any sector of the would, however, involve the application in the new economic activity of the Community to be avoided ; Member States in the first half of 1977 of customs whereas to this end, the Commission should be duties higher than or very close to those which will empowered to re-introduce partially or wholly the be applied by the new Member States to non-member levying of customs duties in order that such countries in general on the basis of the provisions of disruption may be avoided, the abovementioned Act; whereas this situation would comply neither with the spirit nor with the very nature of the generalized preference scheme ; whereas, in order to maintain an equivalent HAS ADOPTED THIS REGULATION : preferential margin for these products also, reduced customs duties should during the said period be applied to them, in accordance with detailed rules Article 1 based on the principle of maintaining, in the new Member States, a preference proportional to that which exists between the duties of the Common 1 . From 1 January to 31 December 1977, the duties under the Common Customs Tariff relating to raw Customs Tariff and the duties given in Article 1 of or unmanufactured tobacco, other than Virginia type, this Regulation ; whereas, with a view to granting falling within subheading 24.01 A ex II shall be the beneficiary developing countries the best possible suspended at 7 % within a minimum charge of 33 treatment, in accordance with the objectives of the units of account per 100 kilogrammes net weight and preference scheme, the duties given in the abovemen­ a maximum charge of 45 units of account per 100 tioned Article 1 should also be applied wherever the kilogrammes net weight. duties calculated according to the abovementioned detailed rules prove to be higher than them ; whereas it is essential to reserve the benefit of this tariff On importation into Denmark, Ireland and the suspension for products originating in the countries United Kingdom, there shall be applied to the prod­ and territories under consideration, the concept of ucts mentioned above the customs duties determined 'originating products' being determined in accordance by multiplying, by a coefficient equal to the margin with the procedure laid down in Article 14 of Council of preferences existing between the duty given in the Regulation (EEC) No 802/68 of 27 June 1968 on the first subparagraph and the Common Customs Tariff common definition of the concept of the origin of duties applicable, the duties obtained by reducing goods (2); by 80% the difference between the lowest duty applied on 1 January 1972 to the developing countries set out in the Annex and the Common Whereas the charging of imports against a ceiling Customs Tariff. must be carried out as and when the tobaccos

However, the duties given in the first subparagraph C) OJ No L 73 , 27. 3 . 1972 , p . 14. shall be applied from 1 January to 30 June 1977, (2) OJ No L 148 , 28 . 6. 1968 , p. 1 . where the duties resulting from the abovementioned

20 . 12 . 76 Official Journal of the European Communities No L 349/ 107

calculation are higher than them. From 1 July 1977 Article 4 the duties given in the first subparagraph shall be applied. 1 . The Commission, in close cooperation with the Member States, shall take all necessary measures to ensure that the above provisions are applied. 2. This tariff suspension shall apply solely to prod­ ucts originating in the countries and territories listed in the Annex. However, those imports which enjoy 2. The Commission shall issue a Regulation to exemption from customs duties under other prefer­ re-introduce the levying of customs duties in respect ential tariff arrangements granted by the Community of all the countries and territories referred to in may not be charged against the ceiling referred to in Article 1 (2) in accordance with Article 2. paragraph 3 .

Article S For the purposes of the application of this Regulation the concept of ' originating products' shall be Member States shall inform the Commission determined in accordance with the procedure laid periodically of imports of the products in question down in Article 14 of Regulation (EEC) No 802/68 . charged against the Community ceiling laid down in Article 1 ( 3 ). This information shall show both 3 . Subject to Articles 2 and 4 this suspension shall the value, expressed in units of account, and the quantities expressed in metric tons . be granted for the tobaccos in question up to a Community ceiling of 2 500 metric tons.

Article6¶

When products benefiting from the treatment pro­ Article 2 vided for in Article 1 are imported into the Com­ munity at such prices that Community producers of products similar to or in direct competition with them As soon as the ceiling calculated in accordance with suffer or are likely to suffer from serious disadvan­ the provisions of Article 1 (3 ), which is laid down tage, the levying of customs duties may be re­ for Community imports of products originating in all of the countries and territories referred to in Article 1 introduced in whole or in part on the products in question in respect of the countries or territories (2), is reached at Community level, the levying of which are the cause of the disadvantage. Such customs duties on imports of the tobaccos from all measures may also be taken in the case of actual the countries and territories concerned may at any or potential serious disadvantage in a single region of time be re-introduced until the end of the period referred to in Article 1(1 ). the Community.

Article7¶

Article 3 1 . The Commission may decide, by means of a Regulation, to re-introduce the levying of customs duties for a specified period, in order to ensure that 1 . Imports of the products in question shall be Article 6 is applied. charged against the Community ceiling as and when the tobaccos in question are entered for home use, and provided that they are accompanied by a 2. In the event of such action being requested by certificate of origin pursuant to the rules laid down a Member State, the Commission shall decide within in Article 1 (2 ). a period of not more than 10 working days after the request has been received and shall inform the Member States of this decision . 2. Goods may be charged against the ceiling only if the certificate of origin referred to in paragraph 1 is submitted before the date on which the levying of 3 . Any Member State may refer to the Council the duties is re-introduced. measure taken by the Commission, within a period of not more than 10 working days after it has been informed thereof. The fact that the matter is referred 3 . The extent to which the ceiling has been used to the Council shall not cause the measure to be up shall be determined at Community level on the suspended. The Council shall meet immediately. It basis of the imports charged in accordance with may, by acting on a qualified majority, amend or paragraphs 1 and 2. rescind the measure in question.

No L 349/ 108 Official Journal of the European Communities 20 . 12 . 76

Article 8 the common commercial policy under Article 113 of the Treaty.

Articles 6 and 7 shall not prejudice the implemen­ Article 9 tation of the safeguard clauses adopted in pursuance of the common agricultural policy under Article 43 This Regulation shall enter into force on 1 January of the Treaty and of those adopted in pursuance of 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/ 109

ANNEX

List of developing countries and territories enjoying generalized tariff preferences

I. INDEPENDENT COUNTRIES

Afghanistan Guyana Philippines Algeria Haiti Qatar Angola Honduras Romania Argentina India Rwanda Bahamas Indonesia Sao Tome and Principe Bahrain Iran Saudi Arabia Bangladesh I r .u] Senegal Barbados Ivory Coast Seychelles Bénin Jamaica Sierra Leone Bhutan Jordan Singapore Bolivia Kenya Somalia Botswana Khmer 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 Egypt, Arab Republic of Ajman Mozambique Sharjah EI Salvador Nauru Ummal Qaiwain Equatorial Guinea Nepal Upper Volta Ethiopia Nicaragua Uruguay Fiji Niger Venezuela Gabon Nigeria Vietnam Gambia Oman Western Samoa Ghana Pakistan Grenada Yemen, People's Democratic Panama Republic of Guatemala Papua New Guinea Yemen Arab Republic Guinea Paraguay Yugoslavia Guinea Bissau Peru Zaire Zambia

No L 349/ 110 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 (2) 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 .

(*) 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.