PROPOSAL FOR A COUNCIL REGULATION ( EEC ) EXTENDING INTO 1992 THE APPLICATION OF COUNCIL REGULATIONS ( EEC ) NOS 3831/90, 3832/90, 3833/90 AND 3835/90 OF 20 DECEMBER 1990 APPLYING GENERALIZED TARIFF PREFERENCES FOR 1991 IN RESPECT OF CERTAIN PRODUCTS ORIGINATING IN DEVELOPING COUNTRIES
Date: 1991-07-26
Institutions: European Commission
Subjects: developing countries, generalised preferences, industrial product, textile product

COMMISSION OF THE EUROPEAN COMMUNITIES 

0(0i'r 

C0M(91) 303 final 

Brussels, 26  July  1991 

Proposal  for a 

Council  Regulation  (EEC) N* 

extending  into 1992 the application of Council  Regulations  (EEC) 

N's 3831/90, 3832/90, 3833/90 and 3835/90 of 20 December  1990 

applying  generalized  tariff preferences  for 1991 

in respect  of  certain products originating 

in developing  countries 

Proposal  for a 

Council  Regulation  (EEC) N" 

extending  into 1992 the application of Council  Regulation 

(EEC) N° 3834/90 of 20 December  1990 

reducing  for 1991  the  levies on certain  agricultural 

products originating  in developing  countries 

Draft 

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS  OF 

THE MEMBER  STATES OF THE EUROPEAN  COAL AND STEEL  COMMUNITY, 

MEETING  WITHIN  THE COUNCIL 

extending  into 1992 the application of Decisions 90/672/ECSC and 

90/673/ECSC of 20 December  1990 applying generalized  tariff  preferences 

for 1991  in respect  of certain steel products 

originating  in developing  countries 

(presented  by the  Commission) 

-I-

EXPLANATORY  MEMORANDUM 

In  its  Communication  of  6  July  1990  to  the  Council,  concerning 
the Guidelines  for  the Generalized  Preferences  System  for  the  1990s  the 
Commission  announced  that  it would  present  a comprehensive proposal  for 
a  revised  scheme  on  the  basis  of  these  new  guidelines  as  soon  as  the 
impact  of  the  result  of  the  Uruguay  Round  negotiations  could  be 
assessed. 

Putting  into  operation  a  revised  GSP  from  1  January  1992  has 
become  impossible  as  these  negotiations  have  continued  beyond  the 
envisaged  deadline  and  because  it will  be  necessary, 
while  revewing 
the  GSP,  to  take  into  account  the  most  recent  evolutions  of  certain 
beneficiaries' specific  situations. 

Consequently,  the  purpose  of  the  present  draft  whilst  awaiting 
for  the  revised  scheme  to  be  finalised,  is  to  allow  for  a  provisional 
extension  beyond  1 January  1992  of  the scheme  in force  in 1991. 

In  doing  so  the  Commission  does  not  aim  at  delaying  for  longer 
than  is  strictly  necessary  the  proposal  for  the  new  scheme,  it 
therefore  intends  to  present  such  a  proposal  as  soon  as  possible 
during  the course of  1992. Hence  the prolongation  of  the present  scheme 
in 1992  is not  envisaged  as going  on  necessarily  until  the end  of  the 
year  but  only  up  to  when  the  revised  scheme  might  be  put  into 
operation. 

The  principle  of  the  extension  beyond  1  January  1992  of  the  1991 
scheme  as  it  stands  contains  one  exception  : the  elimination  from  the 
textile  scheme  of  the  so  called  "double  return  to  the  reserve" 
mechanism  whose  alleged  advantages,  compared  to  the  complexity  of  its 
management,  do  not  Justify  its  being  maintained  and  whose  suppression 
has been  repeatedly  requested  by all  those services of  the  Commission, 
as well  as of  the Member  States, charged  with  its administration. 

Such  is the object  of  the present  proposal  for  Council  regulations 

and  ECSC decision. 

-  3 -

Proposal  for a 

Council  Regulation  (EEC) No  ... 
extending  into 1992 the application of Council  Regulations 

(EEC) Nos 3831/90, 3832/90, 3833/90 and 3835/90 of 20 December  1990 

applying generalized  tariff preferences  for 1991 
in respect  of certain products 
originating  in developing  countries 

Whereas  the review of  the system has 
continued  into 1991  and  the progress 
of  the work makes  it unlikely  that a 
scheme based on new gu i de 11nes wouId 
be established  by  1 January 1992; 

1991 

should 

Whereas  the  validity  of  the  scheme 
for 
be 
beyond 
provisionally 
the 
1 January  1992, 
implementation  of  the  new  scheme 
sometime  in 1992; 

therefore 

extended 

pending 

Whereas  the  mechanism  provided  for 
in  the  third,  fourth  and  fifth 
paragraphs 
of 
Regulation  (EEC) No 3832/90 presents 
technical  problems which warrant  its 
amendment, 

Article 5 

of 

HAS ADOPTED THIS REGULATION: 

Article 1 

Subject  to  the  following  Articles, 
Regulations 
(EEC)  Nos  3831/90, 
3832/90,  3833/90  and  3835/90  shall 
apply 
from 
1 January  1992  until  the  entry  into 
force of a revised  scheme and  in any 
case  not  later  than  31  December 
1992. 

mutandis 

mutatis 

THE 
COMMUNITIES, 

COUNCIL 

OF  THE 

EUROPEAN 

regard 

Having 
Treaty 
establishing  the  European  Economic 
particular 
Community, 
Article  113 thereof, 

the 

and 

in 

to 

Having  regard  to  the proposal  from  the 
Commission, 

Having  regard  to  the  opinion  of  the 
European Par I lament, 

Having  regard  to  the  opinion  of  the 
Economic and Social  Committee, 

on 

Trade 

Conference 

Whereas,  in  accordance  with  its  offer 
made  within  the  context  of  the  United 
Nations 
and 
Development 
(UNCTAD),  the  European 
Economic  Community  opened  generalized 
tariff  preferences  commencing  in 1971, 
notably  in  respect  of  finished  and 
semi-finished  industrial  products  from 
developing 
the 
initial  ten-year  period  of  application 
of  this system  of  preferences  ended  on 
31 December  1980; 

countries;  whereas 

Whereas,  however,  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 
prolonged  beyond  the  initial  period, an 
overall  review  of  the  system  having 
started  in 1990; 

-  4 -

Article 2 

Paragraphs  3,  4  and  5  of  Article  5  of 
Regulation 
are 
replaced  by  the  following: 

No 3832/90 

(EEC) 

"Within  a  time  limit  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 
of 
the 
Article  14(1) on  that  date." 

meaning 

within 

Article  3 

to 

modifications 

The 
to 
Regulations 
3831/90, 
and 
a 
are 
3833/90,  which 
technical  nature,  are  listed  in  the 
Annex  to the present  Regulation. 

3832/90 

annexes 

purely 

of 

Article  4 

This  Regulation  shall  enter  into  force 
on  1 January  1992. 

- 5 -

Council  Regulation fEECl No 3831/00 

A£UE& 

In Annex 1, in column (2) agalnet order No 10.0117  t 

for "2003 51 00- read "2903 61" 

in Annex  I, In column (2), against order No 10.0950 : 

for "8211 91 90" read "8211 91 30 

8211 91 80" 

In Annex  I, in column (2). against order No 10.1060 : 

for ''8629 90 99" read "8529 90 70 
8529 90 98u 

in Annex II Part 2, In the flret column of the list relating to 

South Korea : 

for "8515 10 10". read "8515 10 30" 

In Annex II Part 3. In the first column : 

for "ex 2903 19 00", read "ex 2903 19 90" 

for "2924 29 90"» read "2924 29 50 

2924 29 80" 

In Annex  ll Part 3, In the flret column : 

for "8473 10 00", read "8473 10" 

for "8473 29 00", read "8473 29" 

for «8473 30 00", read "8473 30" 

for "8473 40 00", read "8473 40" 

In Annex  II Part 3, in the first column : 

for "8507 10 91 

8507 10 99", read "8507 10 31 

8507 10 39 

8507 10 81 

8507 10 89" 

for "8507 20 99", read "8607 20 31 

8507 20 39 

8507 20 81 

8507 20 89" 

- 6 -

cannan Raoul ut Ion fEECÏ No 3832/9Û 

In Annex  I, In column (3) against order No 40.0060 : 

for "6204 62 35", read "6204 62 39" 

for "6204 63 19 

6204 69 19", read "6204 63 18 
6204 69 18" 

In Annex  I, in column (3) against order No 40.0160 : 

for "6203 22 90 

6203 23 90 
6203 29 19", read "6203 22 80 

6203 23 80 

6203 29 18" 

In Annex I, in column (3) against order No 40.0290 ; 

for "6204 22 90 

6204 23 90 

6204 29 19", read  "6204 22 80 

6204 23 80 

6204 29 18" 

In Annex  I in column (3) against order No 40.0780 t 

below "6211 31 00", Insert "6211 32 31 
6211 32 41 

6211 32 42" 

below "6211 32 90", Insert "6211 33 31 

6211 33 41 

6211 33 42" 

below "6211 41 00". Ineert "6211 42 31 

6211 42 41 

6211 42 42" 

below "6211 42 60". Insert "6211 43 31 

6211 43 41 

6211 43 42" 

- 7 -

Council Regulation  fEECÏ No 3833/00 

in Annex  I, in column (3) against order No 50.0016 : 

for "Preserved pineapples. In siloes» half siloes or spirals" 
read "Pineapples, prepared or preserved,  in slices, half siloes 

or spirals" 

In Annex  I, in column (3) against order No 60.0025 : 

for  "Preserved pineapples other than  In slices, half siloes or 

spirals" 

read  "PIneapplee, prepared or preserved, other than in slices, half 

el less or spirals" 

in Annex  II in column (2) against order No 52.3680 : 

for "2201 10 00", read  "2201  10" 

-  8 -

Proposal  for a 

Council  Regulation  (EEC) No  ... 
extending  to 1992 the application of Council  Regulation  (EEC) No 3834/90 
of 20 December  1990 reducing for  1991  the  levies on certain agricultural 
products originating  in developing countries 

THE 
COMMUNITIES, 

COUNCIL 

OF  THE 

EUROPEAN 

regard 

Having 
Treaty 
establishing  the  European  Economic 
Community,  and  in particular Article 43 
thereof, 

the 

to 

Spain 

Having  regard  to  the  Act  of  Accession 
of 
in 
particular  Articles  89(2)  and  234(3) 
thereof, 

Portugal,  and 

and 

generalized preferences would  not be 
fully  achieved  by  the  end  of  1980, 
that  consequently 
it  should  be 
prolonged  beyond  the  initial  period, 
an  overall  review  of  the  system 
having started  in 1990; 

Whereas  the review of  the system  has 
continued  into 1991  and  the progress 
of  the work makes  it unlikely  that a 
scheme based on new gu i de Ii nes wouId 
be established by  1 January 1992; 

Having  regard  to  the proposal  from  the 
Commission, 

Having  regard  to  the 
European Par I lament, 

opinion  of  the 

Having  regard  to  the  opinion  of 
Economic and Social  Committee, 

the 

on 

Conference 

Whereas,  in  accordance  with  its  offer 
made  within  the  context  of  the  United 
Nations 
Trade  and 
Development 
(UNCTAD),  the  European 
Economic  Community  opened  generalized 
tariff  preferences  commencing  in 1971, 
notably  in  respect  of  finished  and 
semi-finished  industrial  products  from 
developing 
the 
initial  ten-year  period  of  application 
of  this system  of  preferences  ended  on 
31 December  1980; 

countries;  whereas 

1991 

should 

Whereas  the  validity  of  the  scheme 
be 
for 
beyond 
provisionally 
1 January  1991, 
the 
implementation  of  the  new  scheme 
sometime  in 1992; 

therefore 

extended 

pending 

preference 

Whereas  the scheme  for  1991  involved 
a 
of  a 
reduction  of  the  import  levy  within 
the  limits of a fixed quota, 

consisting 

HAS ADOPTED THIS REGULATION: 

Article 1 

mutatis 

Regulation  (EEC) 
apply 
1 January  1992 
31 December  1992 
pending  the  entry 
revised scheme. 

mutandis 

No 3834/90  sha11 
from 
until 
at  the  latest, 
into  force  of  a 

Whereas,  however,  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 

Article 2 

This Decision shall  enter  into force 
on 1 January 1992. 

-  9 -

DRAFT 
DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS  OF 
THE MEMBER  STATES OF THE EUROPEAN COAL AND STEEL  COMMUNITY, 
MEETING WITHIN THE COUNCIL 
extending  into 1992 the application of Decisions 90/672/ECSC and 
90/673/ECSC of  20 December  1990 applying generalized  tariff  preferences 
for  1991  in respect of  certain steel  products 
originating  in developing  countries 

THE  REPRESENTATIVES  OF  THE  GOVERNMENTS 
OF  THE  MEMBER  STATES  OF  THE  EUROPEAN 
COAL  AND  STEEL  COMMUNITY,  MEETING 
WITHIN THE COUNCIL, 

In agreement  with  the  Commission, 

HAVE DECIDED AS FOLLOWS: 

Article 1 

Decisions  90/672/ECSC  and  90/673/ECSC 
shall  apply  mutatis  mutandis  from 
1 January  1992  the  entry  into  force  of 
a  revised  scheme  and  in  any  case  not 
later  than 31 December  1992. 

Article 2 

The  modifications  to  the  Annex  to  the 
Decision  90/672/ECSC  which  are  purely 
of  a  technical  nature,  are  listed  in 
the Annex  to the present  decision. 

Article 3 

This Decision  shall  enter  into force on 
1 January 1992. 

- 10 -

ANNEX 

PoctHPft SQ/07275CSÇ 

In Annex I In column (2) against order No 60.0050 

for "7210 70 21 

7210 70 29", read "7210 70 31 

7210 70 39" 

-M-

FICHE FINANCIERE 

L'incidence  financière  des  préférences  tarifaires  généralisées 
accordées  aux  pays  en  voie  de  développement  est  difficilement 
chiffrable  avec  précision  par  suite  tant  de  la  souplesse  des  régies 
d'octroi  que du  fait  : 

de  la complexité  des concessions et de  la différenciation entre  les 
pays  notamment  de  l'existence  de  contingents  et  de  plafonds 
tarifaires différents selon  les produits et  les pays bénéficiaires; 

des régies d'origine  auxquelles  la structure de production  dans  les 
PVD ne permet  de satisfaire que dans des proportions variables; 

de  l'utilisation  partielle  des  avantages  offerts  due  à  un  manque 
d'information  ou  d'intérêt  économique  si  le  droit  normal  est  peu 
éIevé. 

En  fonction  de  ces  éléments,  il  y  a une  nette  disproportion  entre 
l'offre  globale  ouverte  au  1er  Janvier  et 
importations 
effectivement  entrées  au  31  décembre  de  la  même  année  avec  un  taux 
préférentiel. 

les 

L'offre  globale  SPG  pour  1992 est  évaluée à 27,8 milliards  d'écus, 

comme en 1991. 

La moyenne  pondérée  des  droits  de  douane  du  tarif  douanier  commun 
applicable aux  produits en question  se situant entre 5,5 X et 6 % et  le 
taux  moyen  d'utilisation  étant  de  70  %,  les  recettes  douanières  non 
percevables  du  fait  de  l'application du schéma  SPG de  la Communauté  en 
1992 sont estimées entre  1,04 et  1,17 mi 11 lards d écus. 

ISSN 0234-1475 

COM(91) 303 final 

DOCUMENTS 

EN 

02 

Catalogue number : CB-CO-91-337-EN-C 

ISBN 92-77-74768-4 

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