31977R2713

No L 324/ 144 Official Journal of the European Communities 19 . 12 . 77

COUNCIL REGULATION ( EEC) No 2713/77

of 28 November 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, whereas it appears appropriate, however, in view of the sensitiveness of the preserved fruit and vegetable sector generally and of the need to safeguard the interests of Having regard to the Treaty establishing the European the ACP States in this field, to lay down for preserved Economic Community, and in particular Article 43 thereof, pineapples, in slices, half slices or spirals, special con­ ditions consisting in a reduction of the customs duty applicable to that product within the limits of a Com­ Having regard to the proposal from the Commission, munity 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 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 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 arise in the ACP States following the implementation of Whereas in respect of several Asian countries of the the generalized preference scheme; Commonwealth and particularly as regards Malaysia, 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 should therefore be included in the system of Whereas it is expedient, therefore, that the Community generalized preferences; should open for 1978 in respect of the said products, originating in the countries and territories listed in the Whereas, within the context of UNCTAD , the Euro­ Annex, a Community tariff quota limited to 28 000 pean Economic Community offered to grant tariff pre­ tonnes and at a customs duty of 15% , increased by the ferences on certain processed agricultural products of levy on sugar where the sugar content exceeds 17% by Chapters 1 to 24 of the Common Customs Tariff weight in the case of products falling within subheading originating in developing countries; whereas the pre­ ex 20.06 B II a) 5 aa), and 19% by weight in the case of ferential treatment proposed in that offer consists, in products falling within subheading ex 20.06 B II b) respect of certain goods which are subject to the trade 5 aa ); arrangements laid down in Regulation (EEC) No 1059/69, of a reduction in the fixed component of the Whereas, in accordance with Protocol 23 to the Act of charge applicable to such goods by virtue of that Regu­ lation, and, in respect of products which are subject to Accession (4), the generalized tariff preference scheme became fully applicable in the new Member States on the single customs duty, of a reduction in such duty; 1 January 1974 ; 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 H 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. 195 . (*) OJ No L 73 , 27. 3 . 1972 , p. 14 .

19 . 12 . 77 Official Journal -of the European Communities No L 324/ 145

products' being determined in accordance with the be provided that any Member State which has almost 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 total obligation to draw on the reserve amount to a products concerned into all Member States until this level not exceeding 40% of their initial share ; whereas quota is used up ; whereas having regard to the princi­ this method of administration calls for close co­ ples set out above, the Community nature of the quota operation between Member States and the Commission can be respected by allocating the Community tariff which must, in particular, be able to observe the extent quota among Member States ; whereas, moreover, to to which the quota amount is used and inform Member this end and in the context of the utilization system, the States thereof; actual 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 Whereas, to take account of future import trends for the State it is essential that that Member State pays a large products in question in the various Member States, the amount of it back into the reserve, in order to avoid a quotas should be divided into two tranches, the first part of the Community quota remaining unused in one being allocated among Member States and the second Member State when it could be used in others ; held as a reserve to cover subsequently the requirements of Member States which have exhausted their initial shares ; whereas, moreover, the reserve constituted in the manner described above tends to avoid making the Whereas since the Kingdom of Belgium, the Kingdom of system of utilization of the quota excessively rigid, to the Netherlands and the Grand Duchy of Luxembourg the detriment of the developing countries concerned and are united in and represented by the Benelux Economic will contribute to achieving the aim already- mentioned Union, all transactions concerning the administration of of improving the generalized preferences system; shares allocated to that economic union may be carried whereas, to give importers in each Member State some out by any one of its members, degree of certainty, the first tranche of the Community quota might in this case be fixed at a relatively high level, in this case at approximately 95% 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 Article 1 year; whereas the percentage of the shares in the first tranche may be drawn up as follows :

Germany 35-1% , 1 . From 1 January to 31 December 1978 , a Com­ munity tariff quota of 28 000 tonnes shall be opened by Benelux 13-0% , the Community for the imports of preserved pineapples, France 1-0% , in slices, half slices or spirals, falling within the follow­ ing subheadings of the Common Customs Tariff: ex Italy 2-8% , 20.06 B II a) 5 , ex 20.06 B II b ) 5 , ex 20.06 B II c) 1 dd ) Denmark 2-7% , and ex 20.06 B II c) 2 bb). Within this tariff quota the Ireland 1-0% , customs duty shall be suspended at 15% , increased by the levy on sugar where the sugar content exceeds 17% United Kingdom 44-4% ; by weight in the case of products falling within sub­ heading ex 20.06 B II a) 5 aa), and 19% by weight in the case of products falling within subheading ex 20.06 Whereas Member States may exhaust their initial shares B II b ) 5 aa). for the products in question at different rates; whereas to avoid disruption of supplies on this account it should

2 . The benefit of this tariff quota shall be reserved for the products originating in the countries and territories t 1) OJ No L 148 , 28 . 6 . 1968 , p. 1 . sted in the Annex. However, the imports already

No L 324/ 146 Official Journal of the European Communities 19 . 12 . 77

benefiting from exemption of customs duties under believing that those specified may not be used in full. another preferential tariff scheme granted by the Any Member State applying this paragraph shall inform Community shall not be charged to this quota. the Commission of its grounds for so doing.

For the purposes of implementirig this Regulation the 5 . Any Member State may limit the sum total of its concept of originating products shall be determined in additional shares to 40% of its initial share, informing accordance with the procedure laid down in Article 14 the Commission that it is so doing. of Regulation (EEC) No 802/68 .

Article4¶

Additional shares drawn pursuant to Article 3 shall be 1 . A first tranche of 26 600 tonnes shall be allocated valid until 31 December 1978 . among the Member States. The shares which, subject to Article 5 , shall be valid until 31 December 1978 , shall for each Member State be as follows : Article 5 Germany 9 337 tonnes , Benelux 3 458 tonnes , A Member State which on 15 September 1978 has not France 266 tonnes , exhausted one of its initial shares shall, not later than 1 October 1978 , return to the reserve any unused portion Italy 745 tonnes , in excess of 20% of the initial amount. It may return a Denmark 718 tonnes , greater portion if there are grounds for believing that such portion may not be used in full. Ireland 266 tonnes , United Kingdom 11 810 tonnes . Member States shall, not later than 1 October 1978 , 2 . The second tranche of 1 400 tonnes shall constitute notify the Commission of the total quantities of the the reserve. product in question imported up to and including 15 September 1978 and charged against the Community quotas and of any portion of their initial shares re­ turned to the reserve. Article 3

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

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

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Article 7 Such measures may also be taken in the case of actual or potential serious disadvantage in a single region of 1 . The Member States shall ensure free access to the the Community. shares which have been allocated to them for importers of the said goods who are established in their territory. Article 10

1 . The Commission may decide, by means of a Regu­ 2 . The extent to which a Member State has used up its lation, to re-introduce the levying of customs duties for share shall be determined on the basis of imports of the a specified period, in order to ensure that Article 9 is said goods which have been entered for home use, on applied . the basis of the customs value of the said goods, and which are accompanied by a certificate of origin in 2 . In the event of such action being requested by a accordance with the rules referred to in Article 1 ( 2 ). Member State, the Commission shall decide within a period of not more than 10 working days after the request has been received and shall inform the Member 3 . Goods shall qualify for a tariff quota only if the States of this decision . certificate of origin referred to in paragraph 2 is submit­ ted before the date on which the levying of duties is 3 . Any Member State may refer to the Council the re-introduced . measure taken by the Commission , within a period of not more than 10 working days after it has been in­ formed thereof. The fact that the matter is referred to the Council shall not cause the measure to be sus­ Article 8 pended . The Council shall meet immediately. It may, by acting on a qualified majority , amend or rescind the measure in question . Member States shall inform the Commission at monthly intervals of imports of the products in question charged Article 1 1 against their shares. This information shall show both the value expressed in units of account and quantity The provisions of Articles 9 and 10 shall not prejudice 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 Article 9 connection with the common commercial policy pur­ suant to Article 113 of the Treaty .

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

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ANNEX

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

1 . INDEPENDENT COUNTRIES

660 Afghanistan 260 Guinea 801 Papua New Guinea 208 Algeria 257 Guinea Bissau 520 Paraguay 488 Guyana 504 Peru 330 Angola 528 Argentina 452 Haiti 708 Philippines 453 Bahamas 424 Honduras 644 Qatar 640 Bahrain 664 India 066 Romania 700 Indonesia 324 Rwanda 666 Bangladesh 819 Samoa 469 Barbados 616 Iran 284 Benin 311 Sao Tome and Principe 612 Iraq 632 Saudi Arabia 675 Bhutan 272 Ivory Coast 516 Bolivia 248 Senegal 464 Jamaica 391 Botswana 355 Seychelles and Dependencies 628 Jordan 264 Sierra Leone 508 Brazil 696 Kampuchea, Democratic 676 Burma 706 Singapore 346 Kenya 342 Somalia 328 Burundi 728 Korea , Republic of 669 Sri Lanka 302 Cameroon 636 Kuwait 224 Sudan 247 Cape Verde Islands 684 Laos 492 Surinam 306 Central African Empire 604 Lebanon 393 Swaziland 244 Chad 395 Lesotho 512 Chile 268 Liberia 608 Syria 352 Tanzania 480 Colombia 216 Libya 680 Thailand 375 Comoros 370 Madagascar 3&6 Malawi 280 Togo 318 Congo, People's Republic of 436 Costa Rica 817 Tonga 701 Malaysia 448 Cuba 667 Maldive Islands 472 Trinidad and Tobago 232 Mali 212 Tunisia 600 Cyprus 228 Mauritania 350 Uganda 338 Djibouti 647 United Arab Emirates 456 Dominican Republic 373 Mauritius 500 Ecuador 412 Mexico 236 Upper Volta 204 Morocco 524 Uruguay 220 Egypt 428 El Salvador 484 Venezuela 366 Mozambique 803 Nauru 690 Vietnam 310 Equatorial Guinea 652 Yemen 334 Ethiopia 672 Nepal 656 Yemen, Democratic 815 Fiji 432 Nicaragua 314 Gabon 048 Yugoslavia 240 Niger 322 Zaire 252 Gambia 288 Nigeria 276 Ghana 649 Oman 378 Zambia 473 Grenada 662 Pakistan 416 Guatemala 440 Panama

( J) 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 .

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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 (*) 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).