31977R2712

No L 324/ 138 Official Journal of the European Communities 19 . 12 . 77

COUNCIL REGULATION (EEC ) No 2712/77

of 28 November 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 developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES , whereas it appears appropriate, however, in view of the sensitiveness of the preserved fruit and vegetable sector Having regard to the Treaty establishing the European generally and of the need to safeguard the interests of Economic Community, and in particular Article 43 the ACP States in this field, to lay down for preserved thereof, pineapples, other than in slices, half slices or spirals, special conditions consisting in a reduction of the cus­ Having regard to the proposal from the Commission, toms duty applicable to that product within the limits of a Community tariff quota ; Having regard to the opinion of the European Parlia­ ment ( x ), Whereas the offer made by the Community includes a clause stating that the Community drew up the offer on Having regard to the opinion of the Economic and the assumption that all the main industrialized countries Social Committee (2), which are members of the OECD would participate in granting preferences and would make similar efforts in Whereas in the Joint Declaration of Intent on the de­ this direction ; whereas, moreover, it is evident from the velopment of trade relations with Sri Lanka, India, conclusions worked out in UNCTAD that this offer, Malaysia, Pakistan and Singapore ( 3), the Community while being of a temporary nature, does not constitute a declared its readiness to seek solutions to the problems binding commitment and, in particular, may be with­ which may arise in the field of trade with the countries drawn wholly or in part at a later date; whereas this referred to ; possibility may be adopted inter alia with a view to remedying any unfavourable situations which might Whereas in respect of several Asian countries of the arise in the ACP States following the implementation of Commonwealth and particularly as regards Malaysia, the generalized preference scheme; preserved pineapples are an important export product and the flow of trade in such products is likely to be Whereas tariff preferences have been applied as from changed as a result of the enlargement of the Com­ the second half of 1971 ; whereas it is expedient to con­ munity; whereas the system of generalized tariff prefer­ tinue to apply them throughout 1978 ; ences may constitute a solution to problems of this nature; whereas certain forms, of preserved pineapples Whereas it is expedient, therefore, that the Community should therefore be included in the system of should open for 1978 in respect of the said products, generalized preferences; originating in the countries and territories listed in the Annex, a Community tariff quota limited to 45 000 Whereas, within the context of UNCTAD , the Euro­ tonnes and at a customs duty of 12% , increased by the pean Economic Community offered to grant tariff pre­ levy on sugar where the sugar content exceeds 17% by ferences on certain processed agricultural products of weight in the case of products falling within subheading Chapters 1 to 24 to the Common Customs Tariff ex 20.06 B II a) 5 aa), and 19% by weight in the case of originating in developing countries; whereas the pre-, products falling within subheading ex 20.06 B II b) ferential treatment proposed in that offer consists, in 5 aa); respect of certain goods which are subject to the trade arrangements laid down in Regulation (EEC) No Whereas, in accordance with Protocol 23 to the Act of 1059/69, of a reduction in the fixed component of the Accession (4 ), the generalized tariff preference scheme charge applicable to such goods by virtue of that Regu­ became fully applicable in the new Member States on lation, and, in respect of products which are subject to 1 January 1974 ; the single customs duty, of a reduction in such duty; whereas preferential imports of the products concerned could be effected without quantitative restrictions ; Whereas the benefit of this tariff quota should be re­ served for products originating in the countries and ter­ ritories under consideration, the concept of ' originating products' being determined in accordance with the (!) OJ No C 266 , 7. 11 . 1977, p. 16 . (2) Opinion delivered on 26/27 October 1977 (not yet pub­ lished in the Official Journal). (3) OJ No L 73 , 27. 3 . 1972 , p. 1 95 . (4 ) OJ No L 73 , 27 . 3 . 1972 , p. 14 .

19 . 12 . 77 Official Journal of the European Communities No L 324/ 139

procedure laid down in Article 14 of Council Regu­ used up its initial share should draw an additional share lation (EEC) No 802/68 of 27 June 1968 on the com­ from the reserve; whereas this must be done by each mon definition of the concept of the origin of goods (1 ); Member State as and when each of its additional shares is almost entirely used up, and repeated as many times as the reserve allows ; whereas the initial and additional Whereas it is necessary to ensure equal and continuous shares must be available for use until the end of the access for all Community importers to the abovemen­ quota period; whereas, however, it seems advisable to tioned quota and the uninterrupted application of the permit the Member States to limit the exercise of their rate laid down for this quota to all imports of the pro­ total obligation to draw on the reserve amount to a ducts concerned into all Member States until this quota is level not exceeding 40% of their initial share; whereas used up ; whereas having regard to the principles set out this method of administration calls for close co­ above, the Community nature of the quota can be re­ operation between Member States and the Commission spected by allocating the Community tariff quota which must, in particular, be able to observe the extent among Member States; whereas, moreover, to this end to which the quota amount is used and inform Member and in the context of the utilization system, the actual States thereof; 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; Whereas if, at a specified date in the quota period, a considerable balance remains in one or other Member State it is essential that that Member State pays a large Whereas, to take account of future import trends for the amount of it back into the reserve, in order to avoid a products in question in the various Member States, the part of the Community quota remaining unused in one quotas should be divided into two tranches, the first Member State when it could be used in others ; being allocated among Member States and the second held as a reserve to cover subsequently the requirements of Member States which have exhausted their initial shares ; whereas, moreover, the reserve constituted in Whereas since the Kingdom of Belgium, the Kingdom of the manner described above tends to avoid making the the Netherlands and the Grand Duchy of Luxembourg system of utilization of the quota excessively rigid, to are united in and represented by the Benelux Economic the detriment of the developing countries concerned and Union, all transactions concerning the administration of will contribute to. achieving the aim already mentioned shares allocated to that economic union may be carried of improving the generalized preferences system; out by any one of its members, whereas, to give importers in each Member State some degree of certainty, the first tranche of the Community quota should be fixed at 80% of the full quota;

HAS ADOPTED THIS REGULATION : Whereas the statistical data available cover only a rela­ tively brief period, and they should be weighted on the basis of the estimates which may be made for the quota year; whereas the percentage of the shares in the first Article 1 tranche may be drawn up as follows :

Germany 20-5% , 1 . From 1 January to 31 December 1978 , a Com­ Benelux 4-9% , munity tariff quota of 45 000 tonnes shall be opened by the Community for the imports of preserved pineapples, France 0-5% , other than in slices, half slices or spirals, falling within Italy 2-0% , the following subheadings of the Common Customs Tariff: ex 20.06 B II a) 5 , ex 20.06 B II b ) 5 , ex 20.06 B Denmark 1-9% , II c) 1 dd) and ex 20.06 B II c) 2 bb ). Within this tariff Ireland 10% , quota the customs duty shall be suspended at 12% , United Kingdom 69-2% ; 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) 5 aa), and 19% by weight in the case of products falling within subheading Whereas Member States may exhaust their initial shares ex 20.06 B II b) 5 aa ). for the products in question at different rates; whereas to avoid disruption of supplies on this account it should be provided that any Member State which has almost 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 already ben­ (») OJ No L 148 , 28 . 6 . 1968 , p. 1 . efiting from exemption of customs duties under another

No L 324/ 140 Official Journal of the European Communities 19 . 12 . 77

preferential tariff scheme granted by the Community specified in those paragraphs if there are grounds for shall not be charged to this quota. believing that those specified may not be used in full. Any Member State applying this paragraph shall inform the Commission of its grounds for so doing. For the purposes of implementing this Regulation the concept of originating products shall be determined in 5 . Any Member State may limit the sum total of its accordance with the procedure laid down in Article 14 additional shares to 40% of its initial share, informing of Regulation (EEC) No 802/68 . the Commission that it is so doing.

Article2¶

1 . A first tranche of 36 000 tonnes shall be allocated Additional shares drawn pursuant to Article 3 shall be among the Member States. The shares which, subject to valid until 31 December 1978 . Article 5 , shall be valid until 31 December 1978 , shall for each Member State be as follows : Article 5 GermanyGermany 7 380 tonnes, BeneluxBenelux 1 764 tonnes, France 180 A Member State which on 15 August 1978 has not tonnes, exhausted one of its initial shares shall , not later than Italy 720 tonnes, 1 September 1978 , return to the reserve any unused Denmark 684 tonnes , portion in excess of 20% of the initial amount. It may return a greater portion if there are grounds for believ­ Ireland 360 tonnes, ing that such portion may not be used in full . United Kingdom 24 912 tonnes . Member States shall, not later than 1 September 1978 , notify the Commission of the total quantities of the 2 . The second tranche of 9 000 tonnes shall consti­ product in question imported up to and including 15 tute the reserve. August 1978 and charged against the Community quotas and of any portion of their initial shares re­ turned to the reserve.

Article 3 Article 6 1 . If a Member State has used 90% or more of one of its initial shares as fixed in Article 2 ( 1 ), or of that share minus any portion returned to the reserve pursuant to The Commission shall keep an account of the shares Article 5 , it shall forthwith , by notifying the Com­ opened by the Member States pursuant to Articles 2 and mission, draw a second share, to the extent that the 3 and shall , as soon as the information reaches it, in­ reserve so permits, equal to 10% of its initial share form each State of the extent to which the reserve has rounded up should the occasion arise to the nearest unit been used up . above .

It shall, not later than 15 September 1978 , inform the 2. If a Member State, after exhausting one of its initial Member State of the amount still in reserve following shares, has used 90% or more of the second share any return of shares pursuant to Article 5 . drawn by it, that Member State shall forthwith , by notifying the Commission , draw a third share, equal to 5% of its initial share rounded up should the occasion It shall ensure that when an amount exhausting the arise to the nearest unit above . reserve is drawn the amount so drawn does not exceed the balance available, and to this end shall notify the 3 . If a Member State, after exhausting its second share, amount of that balance to the Member State making the last drawing. has used 90% or more of the third share drawn by it, that Member State shall, under the same conditions , draw a fourth share equal to the third. This process shall continue until the reserve has been exhausted. The Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that importations 4 . By way of derogation from paragraphs 1 , 2 and 3 , a may be charged without interruption against their Member State may draw shares lower than those cumulative shares of the Community quota.

19 . 12 . 77 Official Journal of the European Communities No L 324/ 141

Article7¶

1 . The Member States shall ensure free access to the 1 . The Commission may decide, by means of a Regu­ shares which have been allocated to them for importers lation, to re-introduce the levying of customs duties for of the said goods who are established in their territory. a specified period, in order to ensure that Article 9 is applied.

2 . The extent to which a Member State has used up its share shall be determined on the basis of imports of the 2 . In the event of such action being requested by a said goods which have been entered for home use, on Member State, the Commission shall decide within a the basis of the customs value of the said goods, and period of not more than 10 working days after the which are accompanied by a certificate of origin in request has been received and shall inform the Member accordance with the rules referred to in Article 1 (2 ). States of this decision.

3 . Goods shall qualify for a tariff quota only if the 3 . Any Member State may refer to the Council the certificate of origin referred to in paragraph 2 is submit­ measure taken by the Commission, within a period of ted before the date on which the levying of duties is not more than 10 working days after it has been in­ re-introduced . 'firmed thereof. The fact that the matter is referred to the Council shall not cause the measure to be sus­ pended. The Council shall meet immediately. It may, by acting on a qualified majority, amend or rescind the Article 8 measure in question.

Member States shall inform the Commission at monthly Article 11 intervals of imports of the products in question actually charged against their shares. This information shall show both the value expressed in units of account and The provisions of Articles 9 and 10 shall not prejudice the quantity expressed in tonnes. the application of the safeguard clauses drawn up in connection with the common agricultural policy pur­ suant to Article 43 of the Treaty or those drawn up in connection with the common commercial policy pur­ Article 9 suant to Article 113 of the Treaty.

If the Community finds that products benefiting from the treatment provided for in Article 1 are imported Article 12 into the Community in such quantities or at such prices that Community producers of products similar to or in direct competition with them suffer or are likely to suf­ Member States and the Commission shall collaborate fer from serious disadvantage, or that an unfavourable closely to ensure that this Regulation is observed. situation is created in the ACP States, the levying of customs duties may be re-introduced in whole or in part on the products in question in respect of the countries Article 13 or territories which are the cause of the disadvantage. Such measures may also be taken in the case of actual or potential serious disadvantage in a single region of This Regulation shall enter into force on 1 January the Community. 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

No L 324 / 142 Official Journal of the European Communities 19 . 12 . 77

ANNEX

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

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 240 Niger 048 Yugoslavia 252 Gambia 322 Zaire 288 Nigeria 276 Ghana 649 Oman 378 Zambia 473 Grenada 662 Pakistan 416 Guatemala 440 Panama

(') The codc 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 .

19 . 12 . 77 Official Journal of the European Communities No L 324/ 143

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 Melilia 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 (*) 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).