31976R3029

No L 349/ 158 Official Journal of the European Communities 20 . 12. 76

COUNCIL REGULATION (EEC) No 3029/76

of 13 December 1976 opening, allocating and providing for the administration of a Community tariff quota for preserved pineapples, in slices, half slices or spirals, originating in developing countries

THE C OUNCIL OF THE EUROPEAN COMMUNITIES subject to the single customs duty, of a reduction in such duty; whereas preferential imports of the prod­ ucts concerned could be effected without quantitative Having regard to the Treaty establishing the Euro­ restrictions ; whereas it appears appropriate, however, pean Economic Community, and in particular Article in view of the sensitiveness of the preserved fruit and 43 thereof, vegetable sector generally and of the need to safeguard the interests of the ACP States in this field, to lay down for preserved pineapples, in slices, half Having regard to the proposal from the Commission, slices or spirals, special conditions consisting in a reduction of the customs duty applicable to that product within the limits of a Community tariff Having regard to the opinion of the European quota ; Parliament (1),

Whereas the offer made by the Community includes Whereas in the Joint Declaration of Intent on the a clause stating that the Community drew up the development of trade relations with Sri Lanka, India, offer on the assumption that all the main industrial­ Malaysia, Pakistan and Singapore (2), the Community ized countries which are members of the OECD declared its readiness to seek solutions to the would participate in granting preferences and would problems which may arise in the field of trade with make similar efforts in this direction ; whereas , more­ the countries referred to ; over, it is evident from the conclusions worked out in UNCTAD that this offer, while being of a tem­ porary nature, does not constitute a binding commit­ Whereas in respect of several Asian countries of the ment and, in particular, may be withdrawn wholly Commonwealth and particularly as regards Malaysia, or in part at a later date ; whereas this possibility preserved pineapples are an important export product may be adopted inter alia with a view to remedying and the flow of trade in such products is likely to be any 'unfavourable situations which might arise in the changed as a result of the enlargement of the Com­ ACP States following the implementation of the munity ; whereas the system of generalized tariff generalized preference scheme ; preferences may constitute a solution to problems of this nature ; whereas certain forms of preserved pineapples should therefore be included in the system Whereas tariff preferences have been applied as from of generalized preferences ; the second half of 1971 ; whereas it is expedient to continue to apply them throughout 1977 ;

Whereas, within the context of UNCTAD, the Euro­ pean Economic Community offered to grant tariff Whereas it is expedient, therefore, that the Com­ preferences on certain processed agricultural products munity should open for 1977 in respect of the said of Chapters 1 to 24 of the Common Customs Tariff products, originating in the countries and territories originating in developing countries ; whereas the listed in the Annex, a Community tariff quota limited preferential treatment proposed in that offer consists, to 28 000 metric tons and at a customs duty of in respect of certain goods which are subject to the 15% , increased by the levy on sugar where the sugar trade arrangements laid down in Regulation (EEC) content exceeds 17% by weight in the case of prod­ No 1059/69, of a reduction in the fixed component ucts falling within subheading ex 20.06 B II a) 5 aa), of the charge applicable to such goods by virtue of and 19% by weight in the case of products falling that Regulation, and, in respect of products which are within subheading ex 20.06 B II b ) 5 aa);

H OJ No C 259 , 4 . 11 . 1976, p . 27. (2) OJ No L 73 , 27. 3 . 1972, p . 195 .

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Whereas, in accordance with Protocol 23 to the Act Whereas the statistical data available cover only a of Accession ( 1), the generalized tariff preference relatively brief period, and they should be weighted scheme became fully applicable in the new Member on the basis of the estimates which may be made for States on 1 January 1974 ; the quota year; whereas the percentage of the shares of the quota amount may be drawn up as follows :

Germany 35-1% Whereas, for the said products, this scheme would, however, involve the application in the new Member Benelux 13-0% States in 1977 of customs duties higher than or very France 1-0% close to those which will be applied by the new Member States to non-member countries in general Italy 2-8% on the basis of the provisions of the abovementioned Denmark 2-7% Act; whereas this situation would comply neither Ireland 1-0% with the spirit nor with the very nature of the general­ ized preference scheme ; whereas, in order to main­ United Kingdom 44-4% tain an equivalent preferential margin for these prod­ ucts also, reduced customs duties should be applied to them, in accordance with detailed rules based on Whereas, without affecting the Community nature of the principle of maintaining, in the new Member the tariff quota under consideration, it appears pos­ States, a preference proportional to that which exists sible to provide temporarily for a utilization scheme between the duties of the Common Customs Tariff based on a single allocation among the Member and the duties given in Article 1 to this Regulation; States ; whereas, moreover, the allocation set out by whereas, with a view to granting the beneficiary this Regulation in no way prejudices the possibility developing countries the best possible treatment, in of adopting the general method of allocation of accordance with the objectives of the preference Community tariff quotas comprising the setting up of scheme, the duties given in the abovementioned a reserve share ; whereas at this transitional stage Article 1 should also be applied wherever the duties it appears feasible that such allocation could be made calculated according to the abovementioned detailed according to the percentage set out in the above rules prove to be higher than them ; table ;

Whereas the percentage for the shares of the Member Whereas the benefit of this tariff quota should be States in the Community tariff quotas, in view of reserved for products originating in the countries and their duration and their amount, does not appear in territories under consideration, the concept of this instance to compromise the equal access for ' originating products' being determined in accordance Community importers to Community tariff quotas ; with the procedure laid down in Article 14 of Coun­ whereas for this same reason it would appear expedi­ cil Regulation (EEC) No 802/68 of 27 June 1968 on ent to allow each Member State to choose the system the common definition of the concept of the origin for administering its share; of goods (2);

Whereas since the Kingdom of Belgium, the King­ dom of the Netherlands and the Grand Duchy of Whereas it is necessary to ensure equal and contin­ Luxembourg are united in and represented by the uous access for all Community importers to the Benelux Economic Union, all transactions concerning abovementioned quota and the uninterrupted appli­ the administration of the share allocated to that cation of the rate laid down for this quota to all economic union may be carried out by any one of imports of the products concerned into all Member its members , States until this quota is used up ; whereas having regard to the principles set out above, the Com­ munity nature of the quota can be respected by allocating the Community tariff quota among HAS ADOPTED THIS REGULATION : Member States ; whereas, moreover, to this end and in the context of the utilization system, the actual charges against the quota may relate only to products Article 1 which have been entered for home use and which are accompanied by a certificate of origin ; 1 . From 1 January to 31 December 1977, a Com­ munity tariff quota of 28 000 metric tons shall be opened by the Community for the imports of preserved pineapples in slices, half slices or spirals, (!) OJ No L 73 , 27. 3 . 1972, p . 14 falling within the following subheadings of the (2) OJ No L 148 , 28 . 6. 1968 , p. 1 . Common Customs Tariff: ex 20.06 B II a) 5 , ex 20.06

No L 349/ 160 Official Journal of the European Communities 20 . 12 . 76

B II b) 5, ex 20.06 B II c) 1 dd) and ex 20.06 B II c) Article 3 2 bb). Within this tariff quota the customs duty shall be suspended at 15% , increased by the levy on sugar 1 . The Member States shall ensure free access to where the sugar content exceeds 17% by weight in each of the shares which have been allocated to them the case of products falling within subheading ex for importers of the products concerned who are 20.06 B II a) 5 aa), and 19% by weight in the case established on their territory. of products falling within subheading ex 20.06 B II b ) 5 aa). 2 . The extent to which the shares of Member States have been used up shall be determined on the basis of imports of the said goods which have ibeen entered On importation into Denmark, Ireland and the United for (home use, and which are accompanied by a Kingdom, there shall be applied to the abovemen­ certificate of origin in accordance with the rules tioned products the customs duty obtained by multi­ referred to in Article 1 (2). plying, by a coefficient equal to the margin of pre­ ferences existing between the duty of 15% given in 3 . Goods may qualify for a tariff quota only if the paragraph 1 and the Common Customs Tariff duties certificate of origin referred to in paragraph 2 is applicable, the duties obtained by reducing by 80% submitted before the date on which the levying of the difference between the lowest duty applied on duties is re-introduced. 1 January 1972 to the developing countries set out in the Annex and the Common Customs Tariff. Article 4

Member States shall inform the Commission at However, the duty of 15% given in the first subpara­ monthly intervals of imports of the products in graph shall be applied when the customs duty question charged against their shares . This resulting from the abovementioned calculation is information shall cover both the value expressed in higher than it. units of account and quantity expressed in metric tons .

2. The benefit of this tariff quota shall be reserved for the products originating in the countries and Article 5 territories listed in the Annex. However, the imports already benefiting from exemption of customs duties If the Community should find that the products under another preferential tariff scheme granted by benefiting under the arrangements provided for in the Community shall not be charged to this quota. Article 1 are being imported into the Community in quantities or at prices such as to put or be likely For the purposes of implementing this Regulation the to put Community producers of similar or directly concept of originating products shall be determined competitive products at a serious disadvantage or to in accordance with the procedure laid down in create an unfavourable situation in the ACP States, Article 14 of Regulation (EEC) No 802/68 . 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 country or countries or territory or territories which are the Article 2 cause of such disadvantage. Such measures may also be taken in the event of a serious disadvantage, either actual or foreseeable, which is confined to a single The Community tariff quotas mentioned in Article 1 region of the Community. shall be allocated in shares which in respect of each Member State shall be of the amount indicated below : Article 6

Germany 9 820 metric tons 1 . In order to ensure that Article 5 is applied, the Benelux 3 640 metric tons Commission may, by way of a Regulation, re-intro­ duce Common Customs Tariff duties for a fixed France 280 metric tons period. Italy 780 metric tons 2. If the Commission has acted at the request of Denmark 770 metric tons a Member State, the former shall give its decision Ireland 280 metric tons within a maximum period of 10 working days from the date of receipt of the request and shall inform the United Kingdom 12 430 metric tons Member State of the action taken .

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3 . Each Member State may refer the measure taken in connection with the common agricultural policy by the Commission to the Council within a period pursuant to Article 43 of the Treaty or those drawn of 10 working days following the date it was notified. up in connection with the common commercial The fact that the matter has been referred to the policy pursuant to Article 113 of the Treaty. Council shall not constitute the suspension of the measure. The Council shall meet without delay. Acting on a qualified majority, it may amend or repeal the measure in question. Article 8 Article 7 The provisions of Articles 5 and 6 shall not prejudice This Regulation shall enter into force on 1 January the application of the safeguard clauses drawn up 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/ 162 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 Honduras Romania Angola Argentina India Rwanda Bahamas Indonesia Sao Tome and Principe Bahrain Iran Saudi Arabia Bangladesh I r.ui 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 ol 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 El Salvador Nauru Ummal Qaiwam 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

20 . 12 . 76 Official Journal of the European Communities No L 349/ 163

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.