PROPOSAL FOR A COUNCIL REGULATION (EEC) 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
Date: 1991-04-03
Institutions: European Commission
Subjects: Berlin, industrial product, originating product, trade event

COMMISSION  OF  THE  EUROPEAN  COMVIUNITIES 

C0M(91) 34 final 

Brussels,3 ApriI  1991 

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

applying  supplementary  generalized  tariff  preferences 
industrial  products  originating 

in  countries  benefiting 

in  respect  of  certain 
from  generalized 

preferences  and  sold  at  the  Berlin  'Partners  in  Progress'  Fair 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

Since  1962,  the Overseas  Imports  Fair  "Partners  in Progress" has been  held 

annually  in Berlin,  centred  round  the  products  exported  by  developing 

countries.  The  Community  has always  recognised  the  special  importance  of 

Berlin  and  the political  aspect  of  the  Fair-

Last  year, the  Council  approved  a proposal  from  the  Commission,  on  an  "ad 

hoc" basis, granting  supplementary  tariff  preferences  for  certain  products 

originating  in developing  countries  and  sold  in the  course  of  the  Berlin  ; 

Fair  (Regulation  (EEC) N° 1274/90 of  7 May  1990 O.J. N° L 125, page 1 ). 

The  relatively  modest  use of  the  aforesaid  Regulation  was due  particularly 

to the  belated  publication  of  the  Regulation  in the Official  Journal  of  the 

European  Communities. 

In the  letter  of  17 January 1991., the German  Government  requested  the  Commis 

sion  to propose  to the  Council  that  supplementary  tariff  preferences  be 

accorded  developing  countries  in  respect  of  goods bought  or  for  which  sales 

contracts  were  concluded  at  the  Fair, the  intention  being  to encourage  less 

developed  countries  not  a present  participating  in the  Fair  to do  so. 

The  Fair  is always  held  relatively  late  in the year  (September-October)  by 

which  stage  the  GSP quotas  opened  under  the annual  arrangements  may  well 

have  been  used  up and  customs  duties  resumed  for  goods  under  the  ceiling. 

As  regards  opening  supplementary  preferences,  however,  it  is necessary  to 

maintain  a  cautious  line.  It  is, therefore, opportune  to propose  an  "ad 

hoc" Regulation,  valid  for  one year  only,  with  strict  limitations  on  the 

products  eligible  and  close  supervision  by  the  competent  German  authori 

ties and  the  Commission.  These  considerations  lead  the  Commission  to pro 

pose  a new  Regulation  similar  to the proposed  for  Last  year. 

./. 

-  2 -

The attached  draft  Regulation  takes account  of  the aforementioned  aims 

while excluding  certain products originating  in particular  developing 

countries.  Furthermore  it  should  be noted  that  this present  Regulation 

does not  concern  agricultural  products, five of which  are  covered by 

preferential  quantitative  restrictions  and  which  are not  exhibited  at 

the  Fair.  ECSC products  are  likewise  excluded  because not  exhibited 

at  the  Fair.  Furthermore, in the  absence of  relevant  statistical  data, 

the  import  levels of  the products  concerned  are  limited  to  6% of  the 

quotas,  ceilings or  fixed  duty-free  amounts  fixed  for each  product  or 

group of  products under  the annual  GSP Regulations. 

PROPOSAL  FOR A 

C O U N C IL  R E G U L A T I ON  (EEC)  No 

(<U 

of 

a p p l y i ng  s u p p l e m e n t a ry  generalized 
in 
i n d u s t r i al  p r o d u c ts  o r i g i n a t i ng 

tariff  preferences 
in 
c o u n t r i es  b e n e f i t i ng 

r e s p e ct  of  c e r t a in 
generalized 
f r om 

preferences  a nd  sold  at  the  Berlin 

' P a r t n e rs  in  P r o g r e s s'  Fair 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

group  of  products  under 
Regulations,  and  should  be  opened  ; 

the  abovementioned  annual 

Having  regard  to  the  Treaty  establishing  the  European 
in  particular  Article  113 
Economic  Community,  and 
thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

the 

imports 

Whereas 
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  ; 

in  Progress' 

'Partners 

fair 

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  ; 

in 

(UNCTAD), 

the  offer  made 

in  accordance  with 

Whereas, 
the 
context  of  the  United  Nations  Conference  on  Trade  and 
opened 
Development 
generalized  preferences  commencing  in  1971  and  most 
recently  under  Regulations  (EEC)  No  "HilÂfaoÇ)  and 
(EEC)  No  3*3£/<fo(2)  and 
in  respect  of 
finished  and  semi-finished  industrial  and  textile  products 
originating  in  developing  countries  ; 

the  Community 

in!  particular 

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  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 

to  provide  additional 

latitude 

(')  OJ  No  L  VlO, 3*.  12.  19 40,P.  1. 
C)  OJ  No  L 3K?.  *»•  12.  19*0, p.  3<l 

Whereas,  without  prejudice  to  the  specific  provisions  of 
this  Regulation,  the  application  of  the  provisions  of  the 
annual 
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  ; 

Regulations 

generalized 

regarding 

Whereas  it  is  appropriate,  however,  to  exclude  from  the 
scope  of  this  Regulation  certain  products  originating  in 
particular  beneficiary  countries  ; 

release 

Whereas  declarations  of 
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  ; 

into 

Whereas  the  German  authorities  must  ensure  that  certifi 
cation  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  3g?/</<?o  and  (EEC)  No 

ÏBllfaô, 

HAS  ADOPTED  THIS  REGULATION  : 

Article  1 

1. 
From  5" "3uv»e  AQQAto 31  December  199JL  supple 
mentary  Community  tariff  preferences  shall  be  opened, 
subject  to  Article  4,  for  the  importation  of  products  : 

—  mentioned 

in  Annex 

I 

to  Regulation 

(EEC)  No 

3%3^/W  or 

—  mentioned  in  Annexes  I  and  II  to  Regulation  (EEC) 

No  WZ/qo 

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  Berlin 
the  exporting  countries  at 
'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. 

in 
2.  The  supplementary  preferences 
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 &14(*0  and (EEC) No 
383*/<K>. 

referred 

to 

the 

the 

3.  Within 
supplementary 
framework  of 
preferences  referred  to  in  paragraph  1,  the  Common 
Customs  Tariff  duties  shall  be 
suspended. 
Application  of  the  tariff  preferences  shall  be  subject  to 
submission  of  a  certificate  of  origin,  Form  A,  and  the 
contract. 

totally 

4.  Within  the  limits  of  the  supplementary  preferences 
referred  to in  paragraph  1, the  Kingdom  of  Spain  and  the 
Portuguese  Republic 
customs  duties 
conforming  to  the  relevant  provisions  of  the  Act  of 
Accession,  and  the  relevant  Regulations. 

apply 

shall 

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  3S3-4 [<to  and 
(EEC)  No  3831/q<5  relating 

the  application  of 

to 

generalized  tariff  preferences  which  concern  beneficiary 
countries and  the concept  of  originating  products  shall be 
applicable. 

Article  4 

This  following  shall  be  excluded  from 
afforded  by  this  Regulation : 

the  benefits 

—  textile products  falling within  categories  1, 2, 3, 4, 5, 6, 
7  and  8 appearing  in Annex  I to  Regulation  (EEC) No 
3&3A./40  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  Brussels, 

For  the  Council 

The  President 

ANNEX 

List  of  products/countries  excluded  from  the  benefit  of  this  Regulation 

Order 
No 

CN  code 

Description 

10.0110 

2902  50  00 

Styrene 

10.0240 

2921  19  30 

Isopropylamine  and  its  salts 

Country 
concerned 

Saudi  Arabia 

Romania 

10.0400 

310210  10 

Urea  containing  more  than  45  %  by  weight  of  nitrogen  on  the  dry  anhy 
drous  product 

Libya 

10.0440 

3806  10  10 

Resin,  obtained  from  fresh  oleoresins 

10.0480 

3923  21  00 

Sacks  and  bags  (including  cones) : 

— Of  polymers  of  ethylene 

China 

Hong  Kong 
Singapore 

10.0520 

10.0570 

4104  10  95 
4104  10 99 
410431  11 
4104 31  19 
4104  3 1 30 
4104 31  90 
4104 39  10 
4104 39  90 

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 

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 

Brazil 

feet  (2,6  m2) 
Other 

—  —  —  Otherwise  prepared 
— Other  bovine  leather  and  equine  leather,  parchment-dressed  or  prepared 

after  tanning 

Trunks,  suit-cases,  vanity  cases,  executive  cases,  brief  cases»  school  satchels 
and  similar  containers 
—  With  outer  surface  of  leather,  of  composition  leather  or ©+' patent  leather 

Brazil 
China 
Hong  Kong 

—  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 

10.0630 

4412 

Plywood,  veneered  panels  and  similar  laminated  wood 

4420  90  11 
4420  90  19 

Wood  marquetry 
and  inlaid  wood 

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 

6402 

Other  footwear  with  outer  soles  and  uppers  of  rubber  or  plastics 

Brazil 
Singapore 
Malaysia 
Indonesia 

Hong  Kong 

Order 
No 

CN  code 

Description 

Country 
concerned 

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 

10.0980 

10.0990 

10.1055 

8211  10 00 
8211 91 90 
8211 92 90 
8211 93 90 

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 

8452 10 11 
8452 10 19 
8452 10 90 
8452 21 00 
8452 29 00 

8528  10 40 
8528 10 50 
8528  10 71 
8528 10 73 
8528 10 75 
8528  10 78 

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 

Air or vacuum pumps and air or gas compressors 

Brazil 
Singapore 

Sewing machines, other than book-sewing machines falling within CN code 
8440 

Brazil 

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 

Description 

Country 
concerned 

radio-telegraphy  or  radio 
Reception  apparatus 
broadcasting,  whether  or  not  combined  in  the  same  housing  with  recording 
or  reproducing  apparatus  or  a  clock 

for  radio-telephony, 

Hong  Kong 
Singapore 

receivers 

(including  video  monitors  and  video  projectors), 
Television 
radio-broadcast 
whether  or  not  combined 
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  and  8528  10 78 , SS Z&40  HO 

the  same  housing  with 

in 

Order 
No 

10.1060 

CN  code 

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 

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 

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 

8542 

Diodes,  transistors, and  similar  semiconductor  devices,  light emitting  diodes 

Electric  integrated  circuits  and  mkroassemblies 

ISSN 0254-1475 

COM(91) 34 final 

DOCUMENTS 

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Catalogue number : CB-CO-91-129-EN-C 
ISBN 92-77-70551-5 

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