COUNCIL REGULATION (EC) No 1290/94 of 30 May 1994 applying supplementary generalized tariff preferences in respect of certain products originating in countries benefiting from generalized preferences and sold at the Berlin 'Partners in Progress' Fair
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas fairs are organized in the Community with a view to promoting partnership between economic operators from developing countries and from industrialized countries at commercial, industrial or technological level and improving the access to world markets of products originating in countries benefiting from generalized preferences;
Whereas, in view of the aims of these fairs, certain steps 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, originally in 1971, and most recently by Regulations (EEC) No 3831/90 (1) and (EEC) No 3832/90 (2), as extended by Regulation (EC) No 3668/93 (3) and supplemented by Regulation (EC) No 3667/93 (4), generalized tariff preferences in particular in respect of finished and semi-finished industrial and textile products originating in countries benefiting from generalized preferences;
Whereas certain products covered by the system of fixed duty-free amount, ceilings or other tariff measures, being the subject of contracts for sale in the course of these fairs, might not be able to benefit from the preferences if the tariff quotas or fixed duty-free amounts are used up or the collection of custom duties is re-established for products subject to ceiling limits before the opening date of the abovementioned fairs; whereas it is important, therefore, to provide additional latitude to countries benefiting from generalized preferences to enable them to benefit from the generalized tariff preferences for products being the subject of contracts for sale at these fairs;
Whereas as this juncture the German Government has submitted a request for supplementary generalized tariff preferences to be applied in respect of certain products originating in countries benefiting from generalized preferences and sold at the Berlin 'Partners in Progress' Fair; whereas, for the abovementioned reasons, additional latitude should be allowed for countries benefiting from generalized preferences to enable them to take advantage of the generalized tariff preferences for products which were the subject of sales contracts at the 'Partners in Progress' Fair; whereas, however, this latitude should be limited to 6 % for the levels of the tariff measures applicable to each product or group of products under the aforementioned annual Regulations, last applied for the year 1993, and this additional latitude should be allowed;
Whereas, without prejudice to the specific provisions of this Regulation, the application of the provisions of the implementing 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 as a consequence of Council Regulation (EC) No 1291/94 (5) the advantages accrued from the generalized scheme of preferences for the Republic of Korea have been withdrawn for textile products covered by the Multifibre Agreement;
Whereas it is appropriate, however, to exclude from the scope of this Regulation certain products originating in given 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 relevant fair, the latter certified by the competent authorities of the Member State where it is held;
Whereas the authorities of the Member States must see to it that certification of the contracts concluded at fairs held on their territory does not exceed the authorized supplementary quantities;
Whereas the method of administration adopted requires the close cooperation between the Member States and the Commission,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 8 June 1994 to 31 December 1995, supplementary Community tariff preferences shall be opened, subject to Article 3, for the importation of product:
- 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 have been the subject there of sales contracts.
2. The supplementary preferences referred to in paragraph 1 shall be 6 % of the duty-free amounts or ceiling 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.
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 'Partners in Progress' Fair, the latter certified by the competent German authorities.
2. The German authorities shall see to it that the total amount covered by certified contracts does not exceed the limits 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
The 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 fixed duty-free amount as indicated in the said Annex;
- textile products appearing in Annex I to Regulation (EEC) No 3832/90 and originating in South Korea;
- products appearing in the Annex to this Regulation and originating in the countries indicated with relation to those products.
Article 5
The German authorities shall forward to the Commission, not more than seven days after the end of the Berlin 'Partners in Progress' 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 of 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 Brussels, 30 May 1994.