31977R2709

No L 324/ 102 Official Journal of the European Communities 19 . 12 . 77

COUNCIL REGULATION (EEC) No 2709/77 of 28 November 1977

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, whereas, it appears appropriate however, in view of the sensitiveness of the tobacco sector generally and of the need to safeguard the interests of the associated coun­ Having regard to the Treaty establishing the European tries and of the ACP States in this field, to lay down for Economic Community, and in particular Article 43 these raw or unmanufactured tobaccos special condi­ thereof, tions consisting in a reduction of the customs duty ap­ plicable to these products within the limits of a Com­ Having regard to the proposal from the Commission, munity tariff ceiling;

Having regard to the opinion of the European Parlia­ Whereas the offer made by the Community includes a ment ( 1 ), clause stating that the Community drew up the offer on the assumption that all the main industrialized countries Having regard to the opinion of the Economic and which are members of the OECD would participate in Social Committee (2), granting preferences and would make similar efforts in this direction ; whereas, moreover, it is evident from the Whereas in the Joint Declaration of Intent on the de­ conclusions worked out in UNCTAD that this offer, velopment of trade relations with Sri Lanka, India, while being of a temporary nature, does not constitute a Malaysia, Pakistan and Singapore (3), the Community binding commitment and, in particular, may be with­ declared its readiness to seek solutions to the problems drawn wholly or in part at a later date ; whereas this which may arise in the field of trade for the countries possibility may be adopted inter alia with a view to referred to as well as for developing countries situated remedying any unfavourable situations which might in the same geographical region ; arise in the ACP States following the implementation of the generalized preference scheme; Whereas, particularly for Indonesia, raw or unmanufac­ tured tobaccos, other than Virginia type, falling within Whereas, moreover, the conference of Heads of State or subheading 24.01 A ex II, represent an important ex­ of Government of the Member States and the States port product; whereas the generalized preferences acceding to the European Communities held in Paris scheme may constitute a solution for problems arising from 19 to 21 October 1972 invited the Community in this connection ; whereas these types of tobaccos institutions and the Member States progressively to should therefore be included in the generalized prefer­ adopt an overall policy of development cooperation on ences scheme ; a world-wide scale comprising in particular the im­ provement of generalized preferences with the aim of Whereas, within the context of UNCTAD, the Euro­ achieving a steady increase in imports of manufactures pean Economic Community offered to grant tariff pre­ from the developing countries; ferences on certain processed agricultural products of Chapters 1 to 24 of the Common Customs Tariff which originate in developing countries; whereas the preferen­ Whereas tariff preferences have been applied as from tial treatment proposed in that offer consists, in respect the second half of 1971 ; whereas, however, for certain of certain goods which are subject to the trade ar­ types of tobacco the said system of tariff preferences has rangements laid down in Regulation (EEC) No been made applicable from 1974 ; whereas it is appro­ 1059/69, of a reduction in the fixed component of the priate to extend this system also for tobaccos falling charge applicable to such goods by virtue of that Regul­ within subheading 24.01 A ex II; ation, 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 Whereas it is expedient, therefore, that the Community could be effected without quantitative restrictions; should open for 1978 for the said raw or unmanufac­ tured tobaccos, other than Virginia type, originating in the countries and territories listed in the Annex, a H OJ No C 266 , 7. 11 . 1977, p. 16 . Community ceiling of 2 500 tonnes, at a customs (2) Opinion delivered on 26/27 October 1977 (not yet pub­ duty rate of 7% with a minimum charge of 33 units of lished in the Official Journal). account and a maximum charge of 45 units of account (3 ) OJ No L 73 , 27. 3 . 1972 , p. 195 . per 100 kilograms net weight;

19 . 12 . 77 Official Journal of the European Communities No L 324/ 103

Whereas, in accordance with Protocol 23 to the Act of mined in accordance with the procedure laid down in Accession ( 1), the generalized tariff preference scheme Article 14 of Regulation (EEC) No 802/68 . became fully applicable in the new Member States on 1 January 1974 ; 3 . Subject to Articles 2 and 4 this suspension shall be granted for the tobaccos in question up to a Community Whereas it is essential to reserve the benefit of this tariff ceiling of 2 500 tonnes. suspension for products originating in the countries and territories under consideration, the concept of 'originat­ ing products' being determined in accordance with the procedure laid down in Article 14 of Council Regu­ Article 2 lation (EEC) No 802/68 of 27 June 1968 on the com­ mon definition of the concept of the origin of goods (2); As soon as the ceiling calculated in accordance with the whereas the charging of imports against a ceiling must be carried out as and when the tobaccos concerned are provisions of Article 1 (3 ), which is laid down for Community imports of products originating in all of the presented for customs clearance under cover of declara­ countries and territories referred to in Article 1 (2 ), is tions that they are intended for home use and are ac­ reached at Community level, the levying of customs companied by a certificate of origin ; whereas this duties on imports of the tobaccos from all the countries method of administration must make provision for the and territories concerned may at any time be re-intro­ re-introduction of customs duties as soon as the ceiling duced until the end of the period referred to in is reached at Community level; Article 1 ( 1 ). Whereas such method of administration calls for very close and particularly rapid cooperation between Member States and the Commission, which must, in particular, be able to observe the extent to which Article 3 charges are made against the ceiling and inform Member States thereof; whereas such cooperation 1 . Imports of the products in question shall be charged should be particularly close in view of the need for the against the Community ceiling as and when the tobac­ Commission to be able to take appropriate measures to cos in question are entered for home use, and provided re-introduce customs duties either generally or individu­ that they are accompanied by a certificate of origin ally, when the ceiling is reached; pursuant to the rules laid down in Article 1 (2 ). Whereas measures should be provided for which will enable any serious disruption in any sector of the 2 . Goods may be charged against the ceiling only if the economic activity of the Community to be avoided ; certificate of origin referred to in paragraph 1 is submit­ whereas to this end, the Commission should be empow­ ted before the date on which the levying of duties is ered to re-introduce partially or wholly the levying of re-introduced . customs duties in order that such disruption may be avoided, 3 . The extent to which the ceiling has been used up shall be determined at Community level on the basis of HAS ADOPTED THIS REGULATION: the imports charged in accordance with paragraphs 1 and 2 . Article 1

1 . From 1 January to 31 December 1978 , the duties under the Common Customs Tariff relating to raw or Article 4 unmanufactured tobacco, other than Virginia type, fal­ ling within subheading 24.01 A ex II shall be suspended at 7% within a minimum charge of 33 units of account 1 . The Commission, in close cooperation with the per 100 kilograms net weight and a maximum charge of Member States, shall take all necessary measures to 45 units of account per 100 kilograms net weight. ensure that the above provisions are applied.

2. This tariff suspension shall apply solely to products 2 . The Commission shall issue a Regulation to re­ originating in the countries and territories listed in the introduce the levying of customs duties in respect of all Annex. However, those imports which enjoy exemption the countries and territories referred to in Article 1 (2) from customs duties under other preferential tariff ar­ in accordance with Article 2 . rangements granted by the Community may not be charged against the ceiling referred to in paragraph 3 . For the purposes of the application of this Regulation the concept of 'originating products' shall be deter­ Article 5

Member States shall inform the Commission period­ (!) OJ No L 73 , 27. 3 . 1972, p. 14 . ically of imports of the products in question charged (2) OJ No L 148 , 28 . 6 . 1968 , p. 1 . against the Community ceiling laid down in Article 1

No L 324 / 104 Official Journal of the European Communities 19 . 12 / 77

(3 ). This information shall show both the value, expres­ 2 . In the event of such action being requested by a sed in units of account, and the quantities expressed in Member State, the Commission shall decide within a tonnes . period of not more than 10 working days after the request has been received and shall inform the Member States of this decision .

Article 6 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 in­ When products benefiting from the treatment provided formed thereof. The fact that the matter is referred to for in Article 1 are imported into the Community at the Council shall not cause the measure to be sus­ such prices that Community producers of products simi­ pended. The Council shall meet immediately. It may, by lar to or in direct competition with them suffer or are acting on a qualified majority, amend or rescind the likely to suffer from serious disadvantage, the levying of measure in question. customs duties may be reintroduced in whole or in part on the products in question in respect of the countries or territories which are the cause of the disadvantage. Article 8 Such measures may also be taken in the case of actual or potential serious disadvantage in a single region of Articles 6 and 7 shall not prejudice the application of the Community . the protective clauses drawn up in connection with the common agricultural policy pursuant to Article 43 of the Treaty nor those drawn up in connection with the common commercial policy pursuant to Article 113 of Article 7 the Treaty.

1 . The Commission may decide, by means of a Regu­ Article 9 lation, to re-introduce the levying of customs duties for a specified period, in order to ensure that Article 6 is This Regulation shall enter into force on 1 January applied. 1978 .

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 November 1977 .

For the Council

The President

L. OUTERS

19 . 12 . 77 Official Journal of the European Communities No L 324 / 105

ANNEX

List of developing countries and territories enjoying generalized tariff preferences ( 1)

I. INDEPENDENT COUNTRIES

660 Afghanistan 260 Guinea 801 Papua New Guinea 208 Algeria 257 Guinea Bissau 520 Paraguay 330 Angola 488 Guyana 504 Peru 528 Argentina 452 Haiti 708 Philippines 453 Bahamas 424 Honduras 644 Qatar 640 Bahrain 664 India 066 Romania 666 Bangladesh 700 Indonesia 324 Rwanda 469 Barbados 616 Iran 819 Samoa 284 Benin 311 Sao Tome and Principe 612 Iraq 675 Bhutan 632 Saudi Arabia 272 Ivory Coast 516 Bolivia 464 Jamaica 248 Senegal 391 Botswana 628 Jordan 355 Seychelles and Dependencies 508 Brazil 264 Sierra Leone 696 Kampuchea, Democratic 676 Burma 346 Kenya 706 Singapore 328 Burundi 342 Somalia 728 Korea, Republic of 302 Cameroon 636 Kuwait 669 Sri Lanka 247 Cape Verde Islands 684 Laos 224 Sudan 306 Central African Empire 604 Lebanon 492 Surinam 244 Chad 395 Lesotho 393 Swaziland 512 Chile 268 Liberia 608 Syria 480 Colombia 352 Tanzania 216 Libya 375 Comoros 680 Thailand 370 Madagascar 318 Congo, People's Republic of 386 Malawi 280 Togo 436 Costa Rica 701 Malaysia 817 Tonga 448 Cuba 667 Maldive Islands 472 Trinidad and Tobago 600 Cyprus 232 Mali 212 Tunisia 338 Djibouti 228 Mauritania 350 Uganda 456 Dominican Republic 373 Mauritius 647 United Arab Emirates 500 Ecuador 412 Mexico 236 Upper Volta 220 Egypt 204 Morocco 524 Uruguay 428 El Salvador 484 Venezuela 366 Mozambique 310 Equatorial Guinea 803 Nauru 690 Vietnam 334 Ethiopia 652 Yemen 672 Nepal 815 Fiji 432 Nicaragua 656 Yemen, Democratic 314 Gabon 048 Yugoslavia 240 Niger 252 Gambia 322 Zaire 288 Nigeria 276 Ghana 649 Oman 378 Zambia 473 Grenada 662 Pakistan 416 Guatemala 440 Panama

(*) The code number preceding the name of each beneficiary country or territory is that given in 'Geonomenclature 1977', published by the Statistical Office of the European Communities.

No L 324/ 106 Official Journal of the European Communities 19 . 12 . 77

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

890 Australian Antarctic Territory 421 Belize 413 Bermuda 890 British Antarctic Territory 357 British Indian Ocean Territory 812 British Pacific Ocean 703 Brunei 202 Canary Islands 463 Cayman Islands and Dependencies 205 Ceuta and Melilla 802 Christmas Island, Cocos (Keeling) Islands, Heard Island and McDonald Islands, Norfolk Island 529 Falkland Islands and Dependencies 822 French Polynesia 890 French Southern and Antarctic Territories 044 Gibraltar 740 Hong Kong 743 Macao 377 Mayotte 476 Netherlands Antilles 809 New Caledonia and Dependencies 808 Pacific Islands administered by the United States of America or under United States trusteeship ( x) 329 St Helena and Dependencies 814 Territories for which New Zealand is responsible ( Cook Islands, Niue Island, Tokelau Islands) 454 Turks and Caicos Islands 457 Virgin Islands of the United States 811 Wallis and Futuna Islands 471 West Indies

Note: The above lists may be amended subsequently to take account of changes in the international status of countries or territories.

(*) 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).