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. For the Council
The President
R. STEICHEN (1) OJ No L 370, 31. 12. 1990, p. 1. (2) OJ No L 370, 31. 12. 1990, p. 39.
ANNEX
List of products/countries excluded from the benefit of this Regulation
Order No CN code Description Country concerned 10.0110 2902 50 00 Styrene Saudi Arabia 10.0240 2921 19 30 Isopropylamine and its salts Romania 10.0400 3102 10 10 Urea containing more than 45 % by weight of nitrogen on the dry anhydrous product Libya 10.0440 3806 10 10 Resin, obtained from fresh oleoresins China 10.0480 3923 21 00 Sacks and bags (including cones):
Of polymers of ethylene Hong Kong
Singapore 10.0520 4104 10 95
4104 10 99
4104 31 11
4104 31 19
4104 31 30
4104 31 90
4104 39 10
4104 39 90 Leather of bovine or equine animals, without hair on, other than leather falling within CN code 4108 or 4109
Whole bovine skin leather, of a unit surface area not exceeding 28 square feet (2,6 m2)
Other
Otherwise prepared
Other bovine leather and equine leather, parchment-dressed or prepared after tanning Brazil 10.0570 4202 11 10
4202 11 90
4202 12 91
4202 12 99
4202 19 91
4202 19 99
4202 21 00
4202 22 90
4202 29 00
4202 31 00
4202 32 90
4202 39 00
4202 91 10
4202 91 50
4202 91 90
4202 92 91
4202 92 95
4202 92 99
4202 99 10
4202 99 90 Trunks, suit-cases, vanity cases, executive cases, brief cases, school satchels and similar containers
With outer surface of leather, of composition leather or of patent leather
With outer surface of plastics or of textile materials
Of other materials, including vulcanized fibre
Other
Articles of a kind normally carried in the pocket or in the handbag
With outer surface of leather, of composition leather or of patent leather
With outer surface of plastic sheeting or of textile materials
Of textile materials
Other
Other
With outer surface of leather, of composition leather or of patent leather
With outer surface of plastic sheeting or of textile materials
Other
Musical instrument cases
Other Brazil
China
Hong Kong 10.0630 4412
4420 90 11
4420 90 19 Plywood, veneered panels and similar laminated wood
Wood marquetry
and inlaid wood Brazil
Singapore
Malaysia
Indonesia 10.0660 6401 Waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes Hong Kong 6402 Other footwear with outer soles and uppers of rubber or plastics 10.0670 6403 Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather Brazil
Hong Kong 10.0680 6404 Footwear with outer soles of rubber, plastics, leather or composition leather, and uppers of textiles materials Hong Kong 6405 90 10 Other footwear, with outer soles of rubber, of plastics, of leather or of composition leather 10.0690 6405 10 90
6405 20 91
6405 20 99
6405 90 90 Other footwear, with outer soles of other materials China 10.0700 6601 Umbrellas and sun umbrellas (including walking-stick umbrellas, garden umbrellas and similar umbrellas) Hong Kong 10.0950 8211 10 00
8211 91 90
8211 92 90
8211 93 90 Knives with cutting blades, serrated or not (including pruning knives), other than knives falling within CN code 8208, excluding knives with handles of base metal Hong Kong 10.0980 8414 10 30
8414 10 50
8414 10 90
8414 20 91
8414 20 99
8414 30 30
8414 30 91
8414 30 99
8414 40 10
8414 40 90
8414 80 21
8414 80 29
8414 80 31
8414 80 39
8414 80 41
8414 80 49
8414 80 60
8414 80 71
8414 80 79
8414 80 90 Air or vacuum pumps and air or gas compressors Brazil
Singapore 10.0990 8452 10 11
8452 10 19
8452 10 90
8452 21 00
8452 29 00 Sewing machines, other than book-sewing machines falling within CN code 8440 Brazil 10.1055 8528 10 40
8528 10 50
8528 10 71
8528 10 73
8528 10 75
8528 10 78 Television receivers (including video monitors and video projectors) whether or not combined in the same housing, with radio-broadcast receivers or sound or video recording or reproducing apparatus
Colour
Television projection equipment
Apparatus incorporating a videophonic recorder or reproducer
Television receivers with integral tube Hong Kong
Singapore 10.1060 8527 11 10
8527 11 90
8527 21 10
8527 21 90
8527 29 00
8527 31 10
8527 31 91
8527 31 99
8527 32 90
8527 39 10
8527 39 91
8527 39 99
8527 90 91
8527 90 99 Reception apparatus for radio-telephony, radio-telegraphy or radio-broadcasting, whether or not combined in the same housing with recording or reproducing apparatus or a clock Hong Kong
Singapore 8528 10 61
8528 10 69
8528 10 80
8528 10 91
8528 10 98
8528 20 20
8528 20 71
8528 20 73
8528 20 79
8528 20 91
8528 20 99 Television receivers (including video monitors and video projectors), whether or not combined in the same housing with radio-broadcast receivers or sound or video recording or reproduction apparatus, excluding video recording or reproducing apparatus incorporating a video tuner and goods falling within CN codes 8528 10 50, 8528 10 71, 8528 10 73, 8528 10 75, 8528 10 78 and 8528 10 40 8529 10 20
8529 10 31
8529 10 39
8529 10 40
8529 10 50
8529 10 70
8529 10 90
8529 90 99 10.1110 8540 91 00
8540 99 00 Thermonic, cold cathode or photocathode valves and tubes
Parts Hong Kong
Singapore 8541 10 10
8541 10 91
8541 10 99
8541 21 10
8541 21 90
8541 29 10
8541 29 90
8541 30 10
8541 30 90
8541 40 10
8541 50 10
8541 50 90
8541 90 00 Diodes, transistors, and similar semiconductor devices, light emitting diodes 8542 Electric integrated circuits and microassemblies
COUNCIL REGULATION (EEC) No 1004/91 of 22 April 1991 applying supplementary generalized tariff preferences in respect of certain industrial products originating in countries benefiting from generalized preferences and sold at the Berlin 'Partners in Progress' Fair
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
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.