COUNCIL REGULATION (EEC) No 3587/91 of 3 December 1991 extending into 1992 the application of Regulations (EEC) No 3831/90, (EEC) No 3832/90, (EEC) No 3833/90 and (EEC) No 3835/90 applying generalized tariff preferences for 1991 in respect of certain products originating in developing countries
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,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas, in accordance with its offer made within the context of the United Nations Conference on Trade and Development (UNCTAD), the European Economic Community opened generalized tariff preferences commencing in 1971, in respect of finished and semi-finished industrial products, textile products and certain agricultural products originating in developing countries; whereas the initial ten-year period of application of this system of preferences ended on 31 December 1980;
Whereas the positive role played by this system in improving access for the developing countries to the markets of the preference-giving countries was recognized at the ninth session of the UNCTAD Special Committee on Preferences; whereas it was there agreed that the objectives of the system of generalized preferences would not be fully achieved by the end of 1980, that consequently it should be extended beyond the initial period, an overall review of the system having started in 1990;
Whereas the examination of the review of the system has continued into 1991 and the progress of the work makes it unlikely that a scheme based on new guidelines would be established by 1 January 1992; whereas such a review is scheduled for 1992;
Whereas the scheme of generalized preferences for 1991 should therefore be provisionally extended to 1992, pending the outcome of the review;
Whereas the mechanism provided for in Article 5 (3), (4) and (5) of Regulation (EEC) No 3832/90 presents technical problems which warrant its amendment;
Whereas, in view of the commitments entered into by Mongolia, that country should be included in Annex IV to Regulation (EEC) No 3832/90;
Whereas the preferential amounts for industrial products have been updated with a view to improving the whole system,
HAS ADOPTED THIS REGULATION:
Article 1
Subject to the following Articles, Regulations (EEC) No 3831/90 (3), (EEC) No 3832/90 (4), (EEC) No 3833/90 (5) and (EEC) No 3835/90 (6) applying generalized tariff preferences for 1991 in respect of certain products originating in developing countries shall apply mutatis mutandis from 1 January 1992 until 31 December 1992.
References to specific dates in 1990, 1991 or 1992 in the Regulations referred to in the first subparagraph are to be read as referring respectively to 1991, 1992 or 1993 as appropriate.
Article 2
The preferential amounts expressed in ecus for the products mentioned in Regulation (EEC) No 3831/90 shall be increased by 5 %.
The reference base, as it results from Article 8 of Regulation (EEC) No 3831/90 for the products referred to in that Article, shall be further increased by 5 %.
Article 3
Paragraphs 3, 4 and 5 of Article 5 of Regulation (EEC) No 3832/90 are replaced by the following:
'Within a period fixed by the Commission following the date referred to in paragraph 2, each Member State shall be required to return to the reserve the quantity which has not been used within the meaning of Article 14 (1) on that date.'
Article 4
In Annex IV to Regulation (EEC) No 3822/90, the term 'Mongolia' shall be added.
Article 5
The technical amendments to the Annexes to Regulations 3831/90, 3832/90 and 3833/90 are listed in the Annex to this Regulation.
Article 6
This Regulation shall enter into force on 1 January 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 December 1991.