31976R3028

20 . 12 . 76 Official Journal of the European Communities No L 349 / 151

COUNCIL REGULATION (EEC) No 3028/76 of 13 December 1976 opening, allocating and providing for the administration of a Community tariff quota for preserved pineapples, other than in slices, half slices or spirals, originating in developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES , 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 concerned could be effected without Having regard to the Treaty establishing the Euro­ quantitative restrictions ; whereas it appears pean Economic Community, and in particular Article appropriate, however, in view of the sensitiveness of 43 thereof, the preserved fruit and vegetable sector generally and of the need to safeguard the interests of the ACP Having regard to the proposal from the Com­ States in this field, to lay down for preserved mission , pineapples, other than in slices, half slices or spirals, special conditions consisting in a reduction of the customs duty applicable to that product within the Having regard to the opinion of the European limits of a Community tariff quota ; Parliament 0 ),

Whereas in the Joint Declaration of Intent on the Whereas the offer made by the Community includes development of trade relations with Sri Lanka, India, a clause stating that the Community drew up the Malaysia, Pakistan and Singapore (2), the Community offer on the assumption that all the main industrial­ declared its readiness to seek solutions to the ized countries which are members of the OECD problems which may arise in the field of trade with would participate in granting preferences and would the countries referred to ; make similar efforts in this direction ; whereas , more­ over, it is evident from the conclusions worked out Whereas in respect of several Asian countries of the in UNCTAD that this offer, while being of a tem­ Commonwealth and particularly as regards Malaysia, porary nature, does not constitute a binding commit­ preserved pineapples are an important export ment and, in particular, may be withdrawn wholly product and the flow of trade in such products is or in part at a later date ; whereas this possibility likely to be changed as a result of the enlargement of may be adopted inter alia with a view to remedying the Community ; whereas the system of generalized any unfavourable situations which might arise in the tariff preferences may constitute a solution to ACP States following the implementation of the problems of this nature ; whereas certain forms of generalized preference scheme; preserved pineapples should therefore be included in the system of generalized preferences ; Whereas tariff preferences have been applied as from Whereas , within the context of UNCTAD , the Euro­ the second half of 1971 ; whereas it is expedient to pean Economic Community offered to grant tariff continue to apply them throughout 1977 ; preferences on certain processed agricultural products of Chapters 1 to 24 of the Common Customs Tariff originating in developing countries ; whereas the Whereas it is expedient, therefore/ that the Com­ preferential treatment proposed in that offer consists, munity should open for 1977 in respect of the said in respect of certain goods which are subject to the products, originating in the countries and territories trade arrangements laid down in Regulation (EEC) listed in the Annex, a Community tariff quota limited No 1059/69, of a reduction in the fixed component to 45 000 metric tons and at a customs duty of 12% , of the charge applicable to such goods by virtue of increased by the levy on sugar where the sugar content exceeds 17 % by weight in the case of products falling within subheading ex 20.06 B II a) ( 1) OJ No C 259 , 4. 11 . 1976 , p . 27. 5 aa), and 19% by weight in the case of products (2) OJ No L 73 , 27. 3 . 1972 , p . 195 . falling within subheading ex 20.06 B II b) 5 aa);

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Whereas, in accordance with Protocol 23 to the Act the quotas should be divided into two tranches, the of Accession ( 1), the generalized tariff preference first being allocated among Member States and the scheme became fully applicable in the new Member second held as a reserve to cover subsequently the States on 1 January 1974 ; requirements of Member States which have exhausted their initial shares ; whereas, moreover, the reserve constituted in the manner described above tends to Whereas, for the said products, this scheme would, avoid making the system of utilization of the quota however, involve the application in the new Member excessively rigid, to the detriment of the developing States in 1977 of customs duties higher than or very countries concerned and will contribute to achieving close to those which will be applied by the new Member States to non-member countries in general the aim already mentioned of improving the general­ ized preferences system ; whereas, to give importers in on the basis of the provisions of the abovementioned each Member State some degree of certainty, the first Act ; whereas this situation would comply neither with the spirit nor with the very nature of the tranche of the Community quota might in this case be fixed at 80% of the full quota. generalized preference scheme ; whereas, in order to maintain an equivalent preferential margin for these products also, reduced customs duties should be applied to them, in accordance with detailed rules Whereas the statistical data available cover only a based on the principle of maintaining, in the new relatively brief period, and they should be weighted Member States, a preference proportional to that on the basis of the estimates which may be made for which exists between the duties of the Common the quota year; whereas the percentage of the shares Customs Tariff and the duties given in Article 1 of in the first tranche may be drawn up as follows : this Regulation ; whereas, with a view to granting the beneficiary developing countries the best possible Germany 20-5% treatment, in accordance with the objectives of the Benelux 4-9% preference scheme, the duties given in the above­ mentioned Article 1 should also be applied wherever France 0-5% the duties calculated according to the abovementioned Italy 2-0% detailed rules prove to be higher than them ; Denmark 1-9% Ireland 1-0% Whereas the benefit of this tariff quota should be United Kingdom 69-2% reserved for products originating in the countries and territories under consideration, the concept of 'originating products' being determined in accord­ ance with the procedure laid down in Article 14 of Whereas Member States may exhaust their initial Council Regulation (EEC) No 802/68 of 27 June shares for the products in question at different rates ; 1968 on the common definition of the concept of the whereas to avoid disruption of supplies on this origin of goods (2); account it should be provided that any Member State which has almost used up its initial share should Whereas it is necessary to ensure equal and contin­ draw an additional share from the reserve ; whereas uous access for all Community importers to the this must be done by each Member State as and abovementioned quota and the uninterrupted appli­ when each of its additional shares is almost entirely cation of the rate laid down for this quota to all used up, and repeated as many times as the reserve imports of the products concerned into all Member allows ; whereas the initial and additional shares must States until this quota is used up ; whereas having be available for use until the end of the quota period ; regard to the principles set out above, the Com­ whereas, however, it seems advisable to permit the munity nature of the quota can be respected by Member States to limit the exercise of their total allocating the Community tariff quota among Mem­ obligation to draw on the reserve amount to a level ber States ; whereas, moreover, to this end and in the not exceeding 40% of their initial share ; whereas context of the utilization system, the actual charges this method of administration calls for close against the quota may relate only to products which cooperation between Member States and the Com­ have been entered for home use and which are ac­ mission which must, in particular, be able to observe companied by a certificate of origin ; the extent to which the quota amount is used and inform Member States thereof ; Whereas, to take account of future import trends for the products in question in the various Member States,

Whereas if, at a specified date in the quota period, a considerable balance remains in one or other Member State is essential that that Member State (*) OJ No L 73 , 27. 3 . 1972 , p . 14. pays a large amount of it back into the reserve, in (2) OJ No L 148 , 28 . 6. 1968 , p. 1 . order to avoid a part of the Community quota

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remaining unused in one Member State when it For the purposes of implementing this Regulation could be used in others : the concept of originating products shall be deter­ mined in accordance with the procedure laid down in Article 14 of Regulation (EEC) No 802/68 . Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Article 2 Benelux Economic Union, all transactions concerning the administration of shares allocated to that 1 . A first tranche of 36 000 metric tons shall be economic union may be carried out by any one of its members, allocated among the Member States . The shares which, subject to Article 5 , shall be valid until 31 December 1977, shall for each Member State be as follows :

HAS ADOPTED THIS REGULATION : Germany 7 380 metric tons Benelux 1 764 metric tons France 180 metric tons Article 1 Italy 720 metric tons Denmark 684 metric tons 1 . From 1 January to 31 December 1977, a Com­ Ireland 360 metric tons munity tariff quota of 45 000 metric tons shall be United Kingdom 24 912 metric tons opened by the Community for the imports of preserved pineapples, other than in slices, half slices or spirals, falling within the following subheadings of 2 . The second tranche of 9 000 metric tons shall the Common Customs Tariff : ex 20.06 B II a ) 5 , ex constitute the reserve . 20.06 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 12% , increased by the levy on sugar where the sugar content exceeds 17% Article 3 by weight in the case of products falling within sub­ heading ex 20.06 B II a) 5 aa), and 19% by weight 1 . If a Member State has used 90% or more of in the case of products falling within subheading ex its initial share as fixed in Article 2 ( 1 ), or of that 20.06 B II b ) 5 aa ). share minus any portion returned to the reserve pursuant to Article 5 , it shall forthwith, by notifying the Commission, draw a second share, to the extent On importation into Denmark, Ireland and the that the reserve so permits, equal to 10% of its initial United Kingdom, there shall be applied to the above­ share rounded up should the occasion arise to the mentioned products the customs duty obtained by nearest unit above . multiplying, by a coefficient equal to the margin of preferences existing between the duty of 12% given in paragraph 1 and the Common Customs Tariff 2. If a Member State, after exhausting its initial duties applicable, the duties obtained by reducing by shares , has used 90% or more of the second 80% the difference between the lowest duty applied share drawn by it, that Member State shall forthwith, on 1 January 1972 to the developing countries set by notifying the Commission, draw a third share, out in the Annex and the Common Customs Tariff. equal to 5% of its initial share, rounded up should the occasion arise, to the nearest unit above.

However, the duty of 12% given in the first subpara­ 3 . If a Member State, after exhausting its second graph shall be applied when the customs duty share, has used 90% or more of the third share resulting from the abovementioned calculation is drawn by it, that Member State shall, under the same higher than it. conditions, draw a fourth share equal to the third. This process shall continue until the reserve has been exhausted . 2 . The benefit of this tariff quota shall be reserved for the products originating in the countries and territories listed in the Annex. However, the imports 4. By way of derogation from paragraphs 1 , 2 and a'lready benefiting from exemption of customs duties 3 , a Member State may draw shares lower than those under another preferential tariff scheme granted by specified in those paragraphs if there are grounds the Community shall not be charged to this quota. for believing that those specified may not be used in

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full. Any Member State applying this paragraph shall 2. The extent to which a Member State has used inform the Commission of its grounds for so doing. up its share shall be determined on the basis of imports of the said goods which have been entered 5. Any Member State may limit the sum total of for home use, on the basis of the customs value of its additional shares to 40% of its initial share, the said goods, and which are accompanied by a informing the Commission that it is so doing. certificate of origin in accordance with the rules referred to in Article 1 (2). Article 4 3 . Goods shall qualify for a tariff quota only if Additional shares drawn pursuant to Article 3 shall the certificate of origin referred to in paragraph 2 be valid until 31 December 1977. is submitted before the date on which the levying of duties is re-introduced .

Article 5 Article 8 A Member State which on 15 September 1977 has not exhausted one of its initial shares shall , not later Member States shall inform the Commission at than 1 October 1977, return to the reserve any monthly intervals of imports of the products in unused portion in excess of 20% of the initial question charged against their shares. This infor­ amount. It may return a greater portion if there are mation shall show both the value expressed in units grounds for believing that such portion may not be of account and the quantity expressed in metric tons. used in full .

Member States shall, not 'later than 1 October 1977, Article 9 notify the Commission of the total quantities of the product in question imported up to and including If the Community finds that products benefiting from 15 September 1977 and charged against the Com­ the treatment provided for in Article 1 are imported munity quotas and of any portion of their initial into the Community in such quantities or at such shares returned to the reserve . prices that Community producers of products similar to or in direct competition with them suffer or are Article 6 likely to suffer from serious disadvantage, or that an unfavourable situation is created in the ACP States, the levying of customs duties may be re-introduced The Commission shall keep an account of the shares in whole or in part on the products in question in opened by the Member States pursuant to Articles 2 respect of the countries or territories which are the and 3 and shall, as soon as 'the information reaches it, inform each State of the extent to which the reserve cause of the disadvantage. Such measures may also be taken in the case of actual or potential serious has been used up. disadvantage in a single region of the Community. It shall, not later than 15 October 1977, inform the Member State of the amount still in reserve following Article 10 any return of shares pursuant to Article 5 .

It shall ensure that when an amount exhausting the 1 . The Commission may decide, by means of a reserve is drawn the amount so drawn does not Regulation, to re-introduce the levying of customs exceed the balance available, and to this end shall duties for a specified period, in order to ensure that notify the amount of that balance to the Member Article 9 is applied. State making the last drawing. 2. In the event of such action being requested by The Member States shall take all appropriate a Member State, the Commission shall decide within measures to ensure that additional shares drawn a period of not more than 10 working days after the pursuant to Article 3 are opened in such a way that request has been received and shall inform the importations may be charged without interruption Member States of this decision . against their cumulative shares of the Community quota . 3 . Any Member State may refer to the Council the measure taken by the Commission, within a period of Article 7 not more than 10 working days after it has been informed thereof. The fact that the matter is referred 1 . The Member States shall ensure free access to to the Council shall not cause the measure to be the shares which have been allocated to them for suspended. The Council shall meet immediately. It importers of the said goods who are established in may, by acting on a qualified majority, amend or their territory. rescind the measure in question .

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Article1¶

Member States and the Commission shall collaborate The provisions of Articles 9 and 10 shall not preju­ closely to ensure that this Regulation is observed. dice the application of the safeguard clauses drawn up in connection with the common agricultural policy Article 13 pursuant to Article 43 of the Treaty or those drawn up in connection with the common commercial policy This Regulation shall enter into force on 1 January pursuant to Article 113 of the Treaty. 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

No L 349/ 156 Official Journal of the European Communities 20 . 12 . 76

ANNEX

List of developing countries and territories enjoying generalized tariff preferences

I. INDEPENDENT COUNTRIES

Afghanistan Guyana Philippines Haiti Qatar Algeria Angola Honduras Romania Argentina India Rwanda Bahamas Indonesia Sao Tome and Principe Bahrain Iran Saudi Arabia Bangladesh ! r.iq Senegal Barbados Ivory Coast Seychelles Benin 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 Ajman Egypt, Arab Republic of Mozambique El Salvador Sharjah 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

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II. COUNTRIES AND TERRITORIES

dependent or administered, or tor 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 (x) 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.

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