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COUNCIL REGULATION (EEC) No 2158/85
of 25 July 1985
applying supplementary generalized tariff preferences in respect of certain products originating in developing countries 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,
Having regard to the proposal from the Commission,
Whereas the overseas 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 developing countries;
Whereas the Community has already recognized the importance of this Fair by granting, most recently under Commission Regulation (EEC) No 661/85 (1), supplementary quotas for textile products;
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 its offer made within the context of the United Nations Conference on Trade and Development (UNCTAD), the Community opened, in particular, generalized tariff preferences commencing in 1971 and most recently under Council Regulations (EEC) No 3562/84 (2) and (EEC) No 3563/84 (3) in respect of finished and semi-finished industrial products and textile products originating in developing countries;
Whereas, in the past, certain products covered by the system of quotas, ceilings or by other tariff measures and sold through contracts concluded at the Berlin Fair could not benefit from the preferences, the allocated textile quotas or ceilings having been used up or the collection of customs duties having been resumed before the Fair's opening date; whereas extra latitude ought therefore to be extended to developing countries to enable them to benefit from the generalized tariff preferences for products sold through contracts concluded at the fair in question; whereas, however, this extra latitude should be limited to 3 % of the levels of the tariff measures applicable to each product or group of products under the abovementioned Regulations and should take the form of tariff quotas to be administered by the Commission;
Whereas, without prejudice to the specific provisions of this Regulation, those provisions of the annual Regulations applying generalized tariff preferences in respect in particular of beneficiary countries, the concept of originating products and the exchange of statistical data should be applied to the tariff quotas 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 by the contract concluded at the Berlin Fair, the latter certified by the competent German authorities;
Whereas the German authorities must ensure that certifications of contracts concluded at the Berlin Fair do not exceed the permitted supplementary quantities;
Whereas the method of administration adopted requires close and particularly rapid cooperation between the Member States and the Commission,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 25 September 1985 to 31 March 1986, supplementary Community tariff quotas shall be opened, subject to Article 4, in respect of imports of products mentioned:
- in Annex I to Regulation (EEC) No 3562/84, or
- in Annexes I and II to Regulation (EEC) No 3563/84,
provided these products originate in one of the countries or territories benefiting from the preferences referred to in the Annexes to the said Regulations and have been exhibited by the exporting country at the Berlin 'Partners in Progress' Fair and a sales contract in respect of these products has been concluded at the said Fair.
2. These supplementary tariff quotas shall be 3 % of the quota or ceiling fixed for each product or group of products under the Regulations referred to in paragraph 1.
3. Where the supplementary quotas are applied, Common Customs Tariff duties shall be totally suspended. Eligibility for these quotas shall be subject to submission of the certificate of origin, form A, and the contract.
4. Within the limits of the supplementary quotas, the Hellenic Republic shall apply customs duties established in accordance with the relevant provisions in the 1979 Act of Accession.
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 of the certified contracts does not exceed the limit fixed in Article 1 (2).
Article 3
Those provisions of Regulations (EEC) No 3562/84 and (EEC) No 3563/84 which concern the beneficiary countries, the concept of originating products and the exchange of statistical data shall be applicable.
Article 4
The following shall be excluded from benefiting under this Regulation:
- textile products of Group I of the Multifibre Arrangement (MFA) which appear in Annex I to Regulation (EEC) No 3563/84, and originate in the countries subject to allocated Community tariff ceilings listed in the said Annex,
- industrial products listed in Annex I to this Regulation and originating in those countries subject to a quota for these products under Regulation (EEC) No 3562/84,
- industrial products listed in Annex II to this Regulation.
Article 5
The German authorities shall forward to the Commission, immediately after the end of the Berlin Fair, a list of the contracts certified indicating the nature and value of the goods in question and the names and addresses of both exporters and importers. The Commission shall send a copy of this list to the authorities of the other Member States.
Article 6
1. If an importer, giving notice of the imminent importation into a Member State of the products in question, applies for one of the quotas, that State, having notified the Commission, shall draw a quantity corresponding to its needs, in so far as the balance of the relevant quota permits.
2. Drawings made pursuant to paragraph 1 shall be valid up to the end of the quota period provided for in Article 1.
Article 7
1. Each Member State shall ensure that importers of the products concerned have free access to the quota so far as the balance of the quota volume permits.
2. 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, 25 July 1985.