COUNCIL REGULATION (EEC) No 1250/92 of 11 May 1992 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 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 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, commencing in 1971, and most recently by Regulations (EEC) No 3831/90 (1) and No 3832/90 (2), as extended in 1992 by Regulation (EEC) No 3587/91 (3), 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 quotas, 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 customs 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 at 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 % of the levels of the tariff measures applicable to each product or group of products under the aforementioned annual Regulations and this additional latitude should be allowed;

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 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 close cooperation between the Member States and the Commission,

HAS ADOPTED THIS REGULATION:

Article 1

1. From 10 June 1992 to 31 December 1993, supplementary Community tariff preferences shall be opened, subject to Article 3, 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 have been the subject there of sales contracts.

2. The supplementary preferences referred to in paragraph 1 shall be 6 % of the quota, ceiling or duty-free amounts fixed for each product or group of products in Regulations (EEC) No 3831/90 and 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 calculated in accordance with the relevant provisions laid down in the Act of Accession and in 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 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 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 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 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 that of 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, 11 May 1992. For the Council

The President

Joao PINHEIRO

(1) OJ No L 370, 31. 12. 1990, p. 1. (2) OJ No L 370, 31. 12. 1990, p. 39. (3) OJ No L 341, 12. 12. 1991, p. 1.

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 10.0510 4011 10 00

4011 20 00

4011 30 90

4011 91 00

4011 99 00

4012 10 90

4012 20 90

4012 90 10

4012 90 90

4013 10 10

4013 10 90

4013 90 90 Other pneumatic tyres and tubes South Korea 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 10.0560 4202 12 11

4202 12 19

4202 22 10

4202 32 10

4202 92 11

4202 92 15

4202 92 19 Trunks, suit-cases, vanity cases, executive cases, briefcases, school satchels and similar containers:

With outer surface of plastics or of textile materials:

In the form of plastic sheeting

Handbags, whether or not with shoulder straps, including those without handles:

With outer surface of plastic sheeting or of textile materials:

Of plastic sheeting

Articles of kind normally carried in the pocket or in the handbag:

With outer surface of plastic sheeting or of textile materials:

Of plastic sheeting

Other, with outer surface of plastic sheeting or of textile materials:

Of plastic sheeting:

Travelling bags, toilet bags, rucksacks and sportbags

Musical instrument cases

Other South Korea 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

South Korea

Indonesia

Malaysia

Singapore 10.0660 6401

6402 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

Other footwear with outer soles and uppers of rubber or plastics South Korea

Hong Kong

Indonesia

Thailand 10.0670 6403 Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather Brazil

Hong Kong

Indonesia

South Korea

Thailand 10.0680 6404

6405 90 10 Footwear with outer soles of rubber, plastics, leather or composition leather, and uppers of textile materials

Other footwear, with outer soles of rubber, of plastics, of leather or of composition leather Hong Kong

Indonesia

South Korea

Thailand 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 10.0740 6912 00 50 Ceramic tableware, kitchenware, other household articles and toilet articles, of earthenware or fine pottery South Korea 10.0750 6913 Statuettes and other ornamental ceramic articles South Korea 10.0800 7117 19 10

7117 19 91

7117 19 99

ex 7117 90 00 Imitation jewellery

Of base metal, whether or not plated with precious metal

Others

Others excluding imitation jewellery of leather or composition leather or of wood South Korea 10.0950 8211 10 00

8211 91 30

8211 91 80

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 10.1010 8471 10 90

8471 20 40

8471 20 50

8471 20 60

8471 20 90

8471 91 40

8471 91 50

8471 91 60

8471 91 90

8471 92 90

8471 93 40

8471 93 50

8471 93 60

8471 93 90

8471 99 10

8471 99 30

8471 99 90 Automatic data-processing machines and units thereof magnetic or optical readers, machines for transcribing data into data media in code form, machines for processing such data, not elsewhere specified or included, other than for use in civil aircraft South Korea 10.1052 8521 Video recording or reproducing apparatus South Korea 10.1053 8523

8524 Prepared unrecorded media for sound recording or similar recording of other phenomena other than products of Chapter 37

Records, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records but excluding products of Chapter 37 South Korea 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

South Korea 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

South Korea 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 10.1094 8540 11 10

8540 11 30

8540 11 50

8540 11 80 Cathode-ray television picture tubes including video monitor cathode-ray tubes

Colour South Korea 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 10.1120 8703 21 10

8703 22 11

8703 22 19

8703 23 11

8703 23 19

8703 31 10

8703 32 11

8703 32 19

ex 8703 33 11

ex 8703 33 19

ex 8703 90 90 Motor vehicles, new, of a cylinder capacity not exceeding 3 000 cm3 South Korea 10.1300 9503 Other toys, reduced size (scale) models and similar recreational models working or not, puzzles of all sorts South Korea