31977R0524
No L 73 /40 Official Journal of the European Communities 21 . 3 . 77
COUNCIL REGULATION (EEC) No 524/77
of 14 March 1977 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 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 prod Having regard to the Treaty establishing the Euro ucts concerned could be effected without quantitative pean Economic Community, and in particular Article restrictions ; whereas it appears appropriate, however, 43 thereof, in view of the sensitiveness of the preserved fruit and vegetable sector generally and of the need to safeguard the interests of the ACP States in this field, Having regard to the proposal from the Commission, to lay down for preserved pineapples, in slices, half slices or spirals, special conditions consisting in a reduction of the customs duty applicable to that Having regard to the opinion of the European Parlia product within the limits of a Community tariff ment (*), 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 declared its readiness to seek solutions to the a clause stating that the Community drew up 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 Whereas in respect of several Asian countries of the over, it is evident from the conclusions worked out Commonwealth and particularly as regards Malaysia, in UNCTAD that this offer, while being of a tem preserved pineapples are an important export product porary nature, does not constitute a binding commit ment and , in particular, may be withdrawn wholly and the flow of trade in such products ^s likely to be changed as a result of the enlargement of the Com or in part at a later date ; whereas this possibility munity ; whereas the system of generalized tariff may be adopted inter alia with a view to remedying preferences may constitute a solution to problems any unfavourable situations which might arise in the of this nature ; whereas certain forms of preserved ACP States following the implementation of the pineapples should therefore be included in the system generalized preference scheme ; 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 preferential 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 28 000 tonnes and at a customs duty of 15% , increased by the levy on sugar where the sugar content exceeds 17% by weight in the case of prod ucts falling within subheading ex 20.06 B II a) 5 aa), 0 ) OJ No C 30, 7. 2 . 1977, p. 25 . and 19% by weight in the case of products falling H OJ No L 73 , 27. 3 . 1972 , p. 195 . within subheading ex 20.06 B II b ) 5 aa);
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Whereas, in accordance with Protocol 23 to the Act "Whereas the statistical data available cover only a of Accession (*), 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, Benelux 13-0% however, involve the application in the new Member States in 1977 of customs duties higher than or very France 1-0% close to those which will be applied by the new 2-8% Italy Member States to non-member countries in general Denmark 2-7% on the basis of the provisions of the abovementioned Act; whereas this situation would comply neither Ireland 1-0% with the spirit nor with the very nature of the general United Kingdom 44-4% ized preference scheme; whereas, in order to main tain an equivalent preferential margin for these prod ucts , also, reduced customs duties should be applied Whereas, without affecting the Community nature of to them , in accordance with detailed rules based on the tariff quota under consideration, it appears pos the principle of maintaining, in the new Member sible to provide temporarily for a utilization scheme States, a preference proportional to that which exists based on a single allocation among the Member between the duties of the Common Customs Tariff States ; whereas , moreover, the allocation set out by and the duties given in Article 1 to this Regulation ; this Regulation in no way prejudices the possibility whereas, with a view to granting the beneficiary of adopting the general method of allocation of developing countries the best possible treatment, in Community tariff quotas comprising the setting up of accordance with the objectives of the preference a reserve share ; whereas at this transitional stage scheme, the duties given in the abovementioned it appears feasible that such allocation could be made Article 1 should also be applied wherever the duties according to the percentage set out in the above calculated according to the abovementioned detailed table ; rules prove to be higher than them ;
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 HAS ADOPTED THIS REGULATION : allocating the Community tariff quota among Member States ; whereas, moreover, to this end and in the context of the utilization system, the actual Article 1 charges against the quota may relate only to products 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 tonnes shall be opened by the Community for the imports of preserved pineapples in slices, half slices or spirals, H 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 73 /42 21 . 3 . 77 Official Journal of the European Communities
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 been 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
However, the duty of 15% given in the first subpara Member States shall inform the Commission at graph shall be applied when the customs duty monthly intervals of imports of the products in resulting from the abovementioned calculation is question charged against their shares. This higher than it. information shall cover both the value expressed in units of account and quantity expressed in tonnes .
2. The benefit of this tariff quota shall be reserved Article 5 for the products originating in the countries and 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 to put Community producers of similar or directly For the purpose of implementing this Regulation the competitive products at a serious disadvantage or to concept of originating products shall be determined create an unfavourable situation in the ACP States, in accordance with the procedure laid down in the customs duties applied within the Community Article 14 of Regulation (EEC) No 802/68 . 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 cause of such disadvantage. Such measures may also Article 2 be taken in the event of a serious disadvantage, either actual or foreseeable, which is confined to a single region of the Community. The Community tariff quotas mentioned in Article 1 shall be allocated in shares which in respect of each Member State shall be of the amount indicated below : Article 6
Germany 9 820 tonnes , 1 . In order to ensure that Article 5 is applied, the Benelux Commission may, by way of a Regulation, re-intro 3 640 tonnes, duce Common Customs Tariff duties for a fixed France 280 tonnes, period . Italy 780 tonnes , 2. If the Commission has acted at the request of Denmark 770 tonnes, a Member State, the former shall give its decision Ireland 280 tonnes, within a maximum period of 10 working days from the date of receipt of the request and shall inform the United Kingdom 12 430 tonnes . Member State of the action taken .
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3 . Each Member State may refer the measure taken Article 8 by the Commission to the Council within a period of 10 working days following the date it was 1 . Council Regulation (EEC) No 3029/76 of notified . The fact that the matter has been referred 13 December 1976 opening, allocating and providing to the Council shall not constitute the suspension of for the administration of a Community tariff quota the measure. The Council shall meet without delay. for preserved pineapples, in slices, half slices or Acting on a qualified majority, it may amend or spirals, originating in developing countries ('), is repeal the measure in question. hereby repealed.
2. All references to the Regulation repealed by viirtue Article 7 of paragraph 1 shall be treated as references to this Regulation . The provisions of Articles 5 and 6 shall not prejudice the application of the safeguard clauses drawn up in Article 9 connection with the common agricultural policy pursuant to Article 43 of the Treaty or those drawn up in connection with the common commercial This Regulation shall enter into force on 1 April policy 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
(«) OJ No L 349, 20. 12 . 1976 , p. 158 .
No L 73/44 Official Journal of the European Commanities 21 . 3 . 77
ANNEX
List of developing countries and territories enjoying generalized tariff preferences
I. INDEPENDENT COUNTRIES
Afghanistan Guyana Philippines Haiti Algeria Qatar Angola Honduras Romania 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 Khmer Republic Sri Lanka Brazil Korea (South ) Sudan Burma Kuwait Surinam Burundi Laos Swaziland Cameroon Lebanon Syria Lesotho Cape Verde Islands 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 Umm al 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
21 . 3 . 77 Official Journal of the European Communities No L 73/45
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 (*) 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 (*)
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.