31977R0523

21 . 3 . 77 Official Journal of the European Communities No L 73/33

COUNCIL REGULATION (EEC) No 523/77 of 14 March 1977 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 devel­ oping 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 Having regard to the Treaty establishing the products concerned could be effected without European Economic Community, and in particular quantitative restrictions ; whereas it appears Article 43 thereof, appropriate, however, in view of the sensitiveness of 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 Commission, States in this field, to lay down for preserved pineapples, other than in slices, half slices or spirals, Having regard to the opinion of the European special conditions consisting in a reduction of the Parliament 0 ), customs duty applicable to that product 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, 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 with ized countries which are members of the OECD the countries referred to ; would participate in granting preferences and would 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does not constitute a binding commit­ preserved pineapples are an important export ment and, in particular, may be withdrawn wholly product and the flow of trade in such products is or in part at a later date ; whereas this possibility likely to be changed as a result o'f the enlargement of may be adopted inter alia with a view to remedying the Community ; whereas the generalized system of 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 generalized system of 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 pre­ ferential treatment proposed in that offer consists, Whereas it is expedient, therefore , that the Com­ in respect of certain goods which are subject to the munity should open for 1977 in respect of the said trade arrangements laid down in Regulation ( EEC) products, originating in the countries and territories No 1059/69 , of a reduction in the fixed component listed in the Annex , a Community tariff quota limited of the charge applicable to such goods by virtue of to 45 000 tonnes and at a customs duty of 12% , increased by the levy on sugar where the sugar con­ tent exceeds 17% by weight in the case of products falling within subheading ex 20.06 B II a ) 5 aa ), and (*) OJ No C 30, 7. 2. 1977, p. 25 . 19% by weight in the case of products falling within (2) OJ No L 73 , 27. 3 . 1972, p. 195 . 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 ('), 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 the aim already mentioned of improving the gener­ Member States to non^member countries in general alized system of preferences ; whereas, to give impor­ on the basis of the provisions of the abovementioned ters in each Member State some degree of certainty, Act; whereas thlis situation would comply neither the first tranche of the Community quota might in with the spirit nor with the very nature of the gene­ this case be fixed at 80% of the full quota ; ralized 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 irnay ibe 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, w"ith 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 detailed rules prove to be higher than them ; 2-0% Italy

Denmark 1-9% Whereas the benefit of this tariff quota should be reserved for products originating in the countries and Ireland 1-0% territories under consideration, the concept of 'originating products' being determined in accord­ United Kingdom 69-2% ance with the procedure laid down in Article 14 of Council Regulation ( EEC ) No 802/68 of 27 June 1968 on the common definition of the concept of the origin of goods (2); Whereas Member States may exhaust their initial shares for the products in question at different rates; whereas to avoid disruption of supplies on this Whereas it is necessary to ensure equal and contin­ account it should be provided that any Member State uous access for all Community importers to the which has almost used up its initial share should aibovementioned quota and the uninterrupted appli­ draw an additional share from the reserve ; whereas cation of the rate laid down for this quota to all this must be done by each Member State as and imports of the products concerned into all Member when eaich of its additional shares is almost entirely States until this quota is used up ; whereas, having used up , and repeated as many times as the reserve regard to the principles set out above, the Com­ allows ; whereas the initial and additional shares must munity nature of the quota can be respected by be available for use until the end of the quota period ; allocating the Community tariff quota among Mem­ whereas , however, it seems advisable to permit the ber States ; whereas , moreover, to this end and in the Member States to limit the exercise olf their total context of the utilization system , the actual charges obligation to draw on the reserve amount to a level against the quota may relate only to products which not exceeding 40% of their initial share ; whereas have been entered for home use and which are ac­ this method of administration calls for close companied by a certificate of origin ; cooperation between Member States and the Com­ mission which must, in particular, be able to observe the extent to which the quota amount is used and Whereas, to take account of future import trends for inform Member States thereof; the products in question in the various Member States,

(*) OJ No L 73, 27. 3 . 1972, p. 14. Whereas if, at a specified date in the quota period, (2 ) OJ No L 148, 28 . 6. 1968 , p. 1 . a considerable balance remains in one or other

21.3.77 Official Journal of the European Communities No L 73/35

Member State, it is essential that that Member State under another preferential tariff scheme granted by pays a large amount of it back into the reserve, in the Community shall not be charged to this quota. order to avoid a part of the Community quota remaining unused in one Member State when it could be used in others ; For the purposes of implementing this Regulation the concept of originating products shall ibe determined in accordance with the procedure laid down in Whereas since the Kingdom of Belgium, the Kingdom Article 14 of Regulation (EEC) No 802/68 . of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Benelux Economic Union, all transactions concerning the administration of shares allocated to that Article 2 economic union may be carried out by any one of its members , 1 . A first tranche of 36 000 tonnes shall be 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 tonnes,

Benelux 1 764 tonnes, Article 1 France 180 tonnes , Italy 720 tonnes , 1 . From 1 January to 31 December 1977, a Com­ Denmark 684 tonnes , munity tari'ff quota of 45 000 tonnes shall be opened by the Community for the imports of preserved Ireland 360 tonnes , pineapples, other than in slices, half slices or spirals, falling within the following subheadings of the United Kingdom 24 912 tonnes, Common Customs Tariff : ex 20.06 B II a ) 5 , ex 20.06 B II b) 5 , ex 20.06 B II c) 1 dd ) and ex 20.06 2. The second tranche olf 9 000 tonnes shaM B II c) 2 bb ). Within this tariff quota the customs constitute the reserve. duty shall be suspended at 12% , increased by the levy on sugar where the sugar content exceeds 17% by weight in the case of products falling within sub­ heading ex 20.06 B II ia) 5 aa), and 19% by weight Article 3 in the case of products 'falling within subheading ex 20.06 B II b ) 5 aa). 1 . If a Member State 'has used 90% or more of its initial share as fixed in Article 2 ( 1 ), or of that share On importation into Denmark, Ireland and the minus any portion returned to the reserve pursuant United Kingdom, there shall be applied to the above­ to Article 5 , it shall forthwith, by notifying the mentioned products the customs duty obtained by Commission, draw a second share, to the extent that multiplying, by a coefficient equal to the margin of the reserve so permits, equal to 10% of its initial preferences existing between the duty of 12% given share rounded up should the occasion arise to the in paragraph 1 and the Common Customs Tariff nearest unit above . duties applicable, the duties obtained by reducing by 80% the difference between the lowest duty applied on 1 January 1972 to the developing countries set 2. If a Member State, after exhausting its initial out in the Annex and the Common Customs Tariff. shares, hias used 90% or more of the second share drawn by it, that Member State shall forthwith, by notifying the Commission, draw a third share, equal However, the duty of 12% given in the first subpara­ to 5% of its initial share, rounded up should the graph shall be applied when the customs duty occasion arise to the 'nearest unit above. resulting from the abovementioned calculation is higher than it. 3 . If a Member State, after exhausting its second share, has used 90% or imore of the third share 2. The 'benefit of this tariff quota shall be reserved drawn by it, that Member State shall, under the same for the products originating in the countries and conditions, draw a fourth share equal to the third. territories listed in the Annex. However, the imports This process shall continue until the reserve has already benefiting from exemption of customs duties been exhausted.

No L 73 /36 Official Journal of the European Communities 21 . 3 . 77

4. By way of derogation from paragraphs 1 , 2 and pursuant to Article 3 are opened in such a way that 3 , a Member State may draw shares lower than those importations may be charged without interruption specified in those paragraphs if there are grounds for against their cumulative shares of the Community believing that those specified rruay not be used in quota . full . Any Member State applying this paragrajph shall inform the Commission of its grounds ifor so doing. Article 7 5 . Any Member State may limit the sum total of its additional shares to 40% of its initial share , in­ 1 . The Member States shall ensure free access to forming the Commission that it is so doing. the shares which have been allocated to them for importers of the said goods who are established in their territory. Article 4 2 . The extent to which a Member State has used up its share shall be determined on the ibasis oif Additional shares drawn pursuant to Article 3 shall imports of the said goods which have been entered be valid until 31 December 1977. for home use, on the basis otf the customs value of the said goods, and which are accompanied by a certificate of origin in accordance with the rules Article 5 referred to in Article 1 (2).

A Member State which on 15 September 1977 has 3 . Goods shall qualify for a tariff quota only if the not 'exhausted one of its initial shares shall, not later certificate of origin referred to in paragraph 2 is than 1 October 1977, return to the reserve any submitted before the date on which the levying of duties is reintroduced . unused portion in excess of 20% of the initial amount. It may return a greater portion if there are grounds for believing that such portion may not be used in full . Article 8

Member States shall inform the Commission at Member States shall , not later than 1 October 1977, notify the Commission of the total quantities of the monthly intervals of imports of the products in product in question imported up to and including question charged against their shares. This infor­ 15 September 1977 and charged against the Com­ mation shall show both the value expressed in units munity quotas and otf any portion of their initial of account and the quantity expressed in tonnes. shares returned to the reserve.

Article9¶

Article 6 If the Community finds that products benefiting from the treatment provided 'for in Article 1 are imported The Commission shall keep an account of the shares into the Community in such quantities or at such opened by the Member States pursuant to Articles 2 prices that Community producers of products similar and 3 and shall, as soon as the information reaches it, to or in direct competition with them suffer or are inform each State of the extent to which the reserve likely to suffer from serious disadvantage, or that an has been used up . unfavourable situation is created in the ACP States, the levying of customs duties may be reintroduced It shall , not later than 15 October 1977 , inform the in whole or in part on the products in question in Member State of the amount still in reserve following respect of the countries or territories which are the any return of shares pursuant to Article 5 . cause of the disadvantage. Such measures may also be taken in the case of actual or potential serious disadvantage in a single region of the Community. It shall ensure that when an amount exhausting the reserve is drawn the amount so drawn does not exceed the balance available, and to this end shall Article 10 notify the amount of that balance to the Member State making the last drawing. 1 . The Commission may decide, .by means of a Regu­ lation, to reintroduce the levying of customs duties The Member States shall take all appropriate for a specified period, in order to ensure that measures to ensure that additional shares drawn Article 9 is applied.

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2 . In the event of such action being requested by Article 12 a Member Stare , the Commission shall decide within a period of nor more than 10 working days after the Member States and the Commission shall collaborate request has been received and shall inform the closely to ensure that this Regulation is observed . Member States of this decision .

Article 13 3 . Any Member State may refer to the Council the measure taken by the Commission , within a period of not more than 10 working days after it has been 1 . Council Regulation ( EEC ) No 3028 /76 of informed thereof . The fact that the matter is referred 13 December 1976 opening, allocating and providing to the Council shall not cause the measure to be for the administration of a Community tariff quota suspended . The Council shall meet immediately . It for preserved pineapples , other than in slices, half may, by acting on a qualified majority , amend or slices or spirals , originating in developing countries rescind the measure in question . ('), is hereby repealed .

2 . All references to the Regulation repealed by virtue Article 11 of paragraph 1 shall be treated as references to this Regulation . The provisions of Articles 9 and 10 shall not preju­ dice the application of the safeguard clauses drawn Article 14 up in connection with the common agricultural policy 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 April 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, 14 March 1977 .

For the Council The President

J. SILKIN

( l ) OJ No L 349, 20. 12. 1976, p. 151 .

No L 73/38 Official Journal of the European Communities 21 . 3 . 77

ANNEX

List of developing countries and territories enjoying generalized tariff preferences

I. INDEPENDENT COUNTRIES

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

21 . 3 . 77 Official Journal of the European Communities No L 73/39

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 (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 .

(*) 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.