Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the imports fair 'Partners in Progress' is organized every year in Berlin with a view to improving the access to world markets of products originating in countries benefiting from generalized preferences;
Whereas, in view of the specific features of the Berlin Fair and of the unique situation of Berlin, certain measures should be taken in the field of generalized preferences;
Whereas, in accordance with the offer made in the context of the United Nations Conference on Trade and Development (UNCTAD), the Community opened generalized preferences commencing in 1971 and most recently under Regulations (EEC) No 3831/90 (1) and (EEC) No 3832/90 (2) and in particular in respect of finished and semi-finished industrial and textile products originating in developing countries;
Whereas, in the past, certain products covered by the system of quotas, ceilings or other tariff measures, being the subject of contracts for sale in the course of the Berlin Fair, have not been able to benefit from the preferences, the allocated tariff quotas or fixed duty-free amounts having been used up or the collection of customs duties having been re-established for products subject to ceiling limits before the opening date of the fair; whereas it is important to provide additional latitude to countries benefiting from generalized preferences to enable them to benefit from the generalized tariff preference for products being the subject of contracts for sale at the fair; whereas, however, this latitude should be limited to 6 % of the levels of the tariff measures applicable for each product or group of products under the abovementioned annual Regulations, and should be opened;
Whereas, without prejudice to the specific provisions of this Regulation, the application of the provisions of the annual Regulations regarding generalized tariff preferences and, in particular, in respect of the beneficiary countries and the concept of originating products should be applied to the supplementary preferences in question;
Whereas it is appropriate, however, to exclude from the scope of this Regulation certain products originating in particular beneficiary countries;
Whereas declarations of release into free circulation submitted with a view to the importation of the products in question should be accompanied by the certificate of origin and the contract concluded at the Berlin Fair, the latter certified by the competent German authorities;
Whereas the German authorities must ensure that certification of the contracts concluded at the Berlin Fair do not exceed the authorized supplementary quantities;
Whereas the method of administration adopted requires close cooperation between Member States and the Commission,
Whereas the generalized preferences have been suspended for products originating in the Republic of Korea by Regulations (EEC) No 3831/90 and (EEC) No 3832/90,
HAS ADOPTED THIS REGULATION: Article 1
1. From 5 June 1991 to 31 December 1992, supplementary Community tariff preferences shall be opened, subject to Article 4, for the importation of products:
- mentioned in Annex I to Regulation (EEC) No 3831/90, or
- mentioned in Annexes I and II to Regulation (EEC) No 3832/90,
provided these products originate in one of the countries or territories benefiting from the preferences referred to in the Annexes to those Regulations and have been exhibited by the exporting countries at the Berlin 'Partners in Progress' Fair and they have been the subject of sales contracts, except for products originating in the Republic of Korea, for which the preferences are suspended.
2. The supplementary preferences referred to in paragraph 1 shall be 6 % of the quota, ceiling or fixed duty-free amounts fixed for each product or group of products in Regulations (EEC) No 3831/90 and (EEC) No 3832/90.
3. Within the framework of the supplementary preferences referred to in paragraph 1, the Common Customs Tariff duties shall be totally suspended. Application of the tariff preferences shall be subject to submission of a certificate of origin, Form A, and the contract.
4. Within the limits of the supplementary preferences referred to in paragraph 1, the Kingdom of Spain and the Portuguese Republic shall apply customs duties conforming to the relevant provisions of the Act of Accession, and the relevant Regulations. Article 2
1. Declarations of the release into free circulation of the products in question must be accompanied by the certificate of origin and by the contract concluded at the Berlin Fair, the latter certified by the competent German authorities.
2. The German authorities shall ensure that the total amount covered by certified contracts does not exceed the limit fixed in Article 1 (2). Article 3
Those provisions of Regulations (EEC) No 3831/90 and (EEC) No 3832/90 relating to the application of generalized tariff preferences which concern beneficiary countries and the concept of originating products shall be applicable. Article 4
This following shall be excluded from the benefits afforded by this Regulation:
- textile products falling within categories 1, 2, 3, 4, 5, 6, 7 and 8 appearing in Annex I to Regulation (EEC) No 3832/90 and originating in countries subject to the Community tariff quotas allocated as indicated in the said Annex,
- products appearing in the Annex to this Regulation and originating in the countries indicated. Article 5
The German authorities shall forward to the Commission, not more than seven days after the end of the Berlin Fair, a list of certified contracts indicating the nature and value or the quantity, whichever is appropriate, of the goods in question and the names and addresses of the exporters and importers. The Commission shall send a copy of this list to the authorities of the other Member States. Article 6
Member States shall forward to the Commission, within two weeks following the end of each quarter, the list of the amounts charged during the reference quarter in accordance with the provisions of this Regulation. Article 7
Member States and the Commission shall cooperate closely to ensure compliance with this Regulation. Article 8
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 22 April 1991.