Proposal for a COUNCIL REGULATION (EEC) 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
Date: 1993-04-26
Institutions: European Commission
Subjects: Germany, free circulation, generalised preferences, originating product, trade event

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(93)  170 final 

Brussels, 26  April  1993 

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

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 

(presented  by  the Commission) 

i  :ll 

~ . 4-

EXPLANATORY  MEMORANDUM 

The  "Partners  in Progress"  imports  fair  has  been  held  in Berlin  every 
year  since  1962.  The  Fair  focuses on goods  exported  by  the  developing 
countries.  For  several  years  the  Community  has  supported  this  event, 
in order  to  boost  the  developing  countries'  trade  promotion  generally 
and also to take account  of Berlin's unique situation. 

In  1992,  since  Berlin's  situation  was  no  longer  exceptional,  the 
Council  adopted  a  Regulation  establishing  the  principle  of  opening 
these  preferences  to  all  fairs  in  the  Community  designed  to  promote 
and 
partnership 
industrialized  countries  at  commercial,  industrial  or  technological 
level, and  to  improve  access  to world  markets  for  products  originating 
in countries benefiting  from generalized  preferences. 

developing 

operators 

economic 

between 

from 

However,  only  the  German  government  actually  submitted  a  request  for 
special  preferences,  to  be  applied  in  respect  of  products  sold  at  the 
Berlin  "Partners  in  Progress"  fair,  and  this  was  accepted  by  the 
Council  (Regulation  (EEC)  No  1250/92  of  11  May  1992,  OJ  No  L  131, 
16.5.1992,  p.1). 

By  letter  of  27  January  1993,  the  German  government  has  asked  the 
Commission  again  to propose  that  the Council  grant  supplementary  tariff 
preferences  to  the  developing  countries  in  respect  of  goods  which  are 
the subject  of  sales contracts at  this fair. 

The  Commission  proposes  that  the  Council  agree  to  this  request  while 
maintaining  the principle of opening  these preferences  to other  fairs. 

- 2-

ProposaL 

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

of 

i y y3 

s u p p l e m e n t a ry  g e n e r a l i z ed 

c e r t a in 
a p p l y i ng 
p r o d u c ts  o r i g i n a t i ng  in  c o u n t r i es  b e n e f i t i ng  f r om  g e n e r a l i z ed  p r e f e r e n c es  and 
s o ld  at  the  Berlin  'Partners  in  P r o g r e s s'  fair 

tariff  p r e f e r e n c es 

in  r e s p e ct  of 

THE  COUNCIL  OF  THK  EUROPEAN  COMMUNITIES, 

tariff  preferences 
generalized 
subject  of  contracts  for  sale  at  these  fairs  ; 

for  products  being 

the 

Having  regard 
Economic  C o m m u n i t y,  and 
thereof, 

to  the  Treaty  establishing  the  European 
in  particular  Article  113 

Having  regard 

to  the  proposal  from 

the  Commission, 

in  the  C o m m u n i ty  with  a 
Whereas  fairs  are  organized 
view  to  promoting  partnership  between  economic  opera 
tors  from  developing  countries  and  from 
industrialized 
countries  at  commercial,  industrial  or  technological  level 
and  improving  the  access  to  world  markets  of  products 
originating 
generalized 
preferences  ; 

countries  benefiting 

from 

in 

countries  benefiting 

to  be  applied 
in 

the  G e r m an  Government  has 
Whereas  at  this  juncture 
tariff 
submitted  a  request  for  supplementary  generalized 
in  respect  of  certain  products 
preferences 
originating 
generalized 
from 
preferences  and  sold  at  the  Berlin  'Partners  in  Progress' 
Fair  ;  whereas,  for  the  a b o v e m c n t i o n ed  reasons,  additional 
latitude  should  be  allowed  for  countries  benefiting  from 
generalized  preferences  to  enable  them  to  take  advantage 
tariff  preferences  for  products  which 
of  the  generalized 
were 
in 
Progress'  Fair  ;  whereas,  however,  this  latitude  should  be 
limited  to  6  %  of  the  levels  of  the  tariff  measures  appli 
cable 
the 
aforementioned  annual  Regulations  and 
this  additional 
latitude  should  be  allowed  ; 

to  each  product  or  g r o up  of  products  under 

the  subject  of  sales  contracts  at 

'Partners 

the 

Whereas,  in  view  of  (he  aims  ol  these  fains,  certain  steps 
should  be  taken  in  the  field  of  generalized  preferences  ; 

the  offer  made 

in  accordance  with 

Whereas, 
the 
context  of  the  United  Nations  Conference  on  Trade  and 
opened, 
Development 
c o m m e n c i ng 
in  1971,  and  most  recently  by  Regulations 
(EEC)  No  3831/90C)  and  No  3S32/90  ('),  as  extended  in 
1 9 93  by  Regulation 

(KF.C)  No  3 9 1 7 / 92  ('), 

the  C o m m u n i ty 

( U N C T A D ), 

in 

supplemented  by  Regulation  (EEC)  N° 

/93(A) 

Whereas,  without  prejudice 
to  the  specific  provisions  of 
this  Regulation,  the  application  of  the  provisions  of  the 
annual  Regulations 
tariff  prefe 
rences  and, 
the  beneficiary 
countries  and  the  c o n c e pt  of  originating  products  should 
be  applied  to  the  s u p p l e m e n t a ry  preferences  in  question  ; 

regarding  generalized 

in  respect  of 

in  particular, 

Whereas  it  is  appropriate,  however,  to  exclude  from 
scope  of  this  Regulation  certain  products  originating 
particular  benefit  iaiy  c o u n t t i e s; 

the 
in 

tariff  preferences 
semi-finished 
in  countries  benefiting 

generalized 
in  particular  in  respect  of  finished  and 
textile  products  originating 

industrial  and 

from  generalized  preferences  ; 

Whereas  certain  products  covered  by 

the  system  of 

fixed duty-free amounts 

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 

fixed  duty-free  a m o u n ts  are  used  up  or  the  collection 
of  customs  duties  is  re-established  for  products  subject  to 
ceiling  limits  before  the  o p e n i ng  date  of  the  abovemen-
tioned  fairs  ;  whereas  it  is  important,  therefore,  to  provide 
to  countries  benefiting  from  genera 
additional 
the 
to  enable 
lized  preferences 

to  benefit 

latitude 

them 

from 

(')  OJ  No  L  370,  31.  12.  iy9(),  p.  1. 
(')  OJ  No  L  370,  31.  12.  \99().r>.  39. 
(')  OJ  No  L  3 9 6,  3 1 . 1 2 . 1 9 %,  p .1 
(4)Doc.  COM(93)70 f i n .,  1.3.1993 

into 

release 

Whereas  declarations  of 
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 
the  c o m p e t e nt 
latter  certified 
the 
it  is  held  ; 
Member  State  where 

authorities  of 

free 

by 

Whereas  the  authorities  of  the  M e m b er  States  must  see  to 
it  that  certification  of  the  contracts  concluded  at  fairs  held 
on  their  territory  does  not  exceed  the  authorized  supple 
mentary  quantities  ; 

Whereas  the  m e t h od  of  administration  adopted  requires 
close  cooperation  between 
the 
Commission, 

the  M e m b er  States  and 

- 5-

HAS  ADOPTED  THIS  REGULATION: 

At  title 

.* 

ArticIt 

I 

From 

1. 
mentary  C o m m u n i ty 
subject  to  Article  3,  for  the  importation  of  products  : 

9  J u ne  1993  to  31  December  1994,  supple 
tariff  preferences  shall  be  opened, 

—  m e n t i o n ed 

in  Annex 

I 

to  Regulation 

(EEC) 

No  3 8 3 1 / 9 0,  or 

—  m e n t i o n ed 

in  Annexes  I  and  II  to  Regulation  (EEC) 

No  3832/90, 

provided  these  products  originate  in  one  of  the  countries 
to 
or  territories  benefiting  from 
in  the  Annexes  to  those  Regulations  and  have  been  exhi 
bited  by  the  exporting  countries  at  the  Berlin  'Partners  in 
Progress'  Fair  and  have  been 
there  of  sales 
contracts. 

the  preferences  referred 

the  subject 

Those  piovisions  ol  Regulations  ( I T C)  No  3KU/lM)  and 
No  3832/90 
the  application  of  generalized 
tariff  preferences  which  concern  beneficiary  countries  and 
the  concept  of  originating  products  shall  be  applicable. 

relating 

to 

Article 

4 

following 

T he 
afforded  by  this  Regulation  : 

shall  be  excluded 

from 

the  benefits 

— 

textile  products  falling  within  categories  1, 2,  3,  4,  5, e>, 
I  to  Regulation  (EEC) 
7  and  8  appearing 
to 
No  3832/90  and  originating 
the  f i x ed  duty-free  amount 
as indicated  in 
the  said  A n n e x, 

in  countries  subject 

in  Annex 

—  products  a p p e a r i ng 
and  originating 

in  the  A n n ex  to  this  Regulation 

in  the  countries 

indicated. 

T he  s u p p l e m e n t a ry  preferences  referred  to  in  para 
l  shall  be  6  %  of  the  d u t y - f r ee  amounts,  or 

2. 
graph 
c e i l i ng  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  prefe 
rences  referred  to  in  paragraph  1,  the  C o m m on  Customs 
Tariff  duties  shall  be  totally  suspended.  Application  of  the 
tariff  preferences  shall  be  subject  to  submission  of  a  certi 
ficate  of  origin,  Form  A,  and 

the  contract. 

Article 

5 

T he  G e r m an  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  n a m es  and  addresses  of  the  exporters 
and  importers.  T he  C o m m i s s i on  shall  send  a  copy  of  this 
list  to  the  authorities  of  the  other  Member  States. 

Article 

6 

Member  States  shall  forward 
two  weeks  of 
a m o u n ts  charged  during 
dance  with 

the  end  of  each  quarter, 

to  the  Commission,  within 
the 
the 
the  reference  quarter  in  accor 

list  of 

the  provisions  of  this  Regulation. 

Article 

2 

in  question  must  be  accompanied  by 

Declarations  of  the  release  into  free  circulation  of 
1. 
the  products 
the 
certificate  of  origin  and  by  the  contract  concluded  at  the 
Berlin  fair,  the  latter  certified  by  the  competent  German 
authorities. 

2. 
T he  G e r m an  authorities  shall  see  to  it  that  the  total 
a m o u nt  covered  by  certified  contracts  does  not  exceed  the 
limits  fixed 

in  Article  1  (2). 

Article 

7 

Member  States  and 
closely  to  ensure  c o m p l i a n ce  with 

the  Commission 

shall 
this  Regulation. 

cooperate 

Article 

S 

This  Regulation  shall  enter 
following  that  of  its  publication  in  the  Official 
the  European 

into  force  on 

Communities. 

the  third  day 
journal  oj 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable 
States. 

in  all  Member 

D o ne  at  Brussels, 

/•'or  the  Cornu  iI 

The 

President 

-  4  -

ANNUX 

List  of  products/countries  excluded  from 

the  hcnelii  <>(  this  Kegulminn 

Order 
No 

CN/TARÏC-
Code 

Description 

Country  concerned 

10.0110 

2902 50 00 

Styrene 

Saudi  Arabia 

10.0400 

3102  10  10  Urea  containing  more  than  45  %  by  weight  of  nitrogen  on  the  dry  anhy 

Libya 

drous  product 

10.0440 

3806  10 10 

Resin,  obtained  from  fresh  oleoresins 

10.0480 

3923 21  00 

Sacks  and  bags  (including  cones) : 

—  Of  polymers  of  ethylene 

Other  pneumatic  tyres  and  tubes 

China 

Hong  Kong 
Singapore 

South  Korea 

10.0510 

10.0520 

III II'.r,il 

4011  10 00 
4011  20 
4011  30 90 
4011 91 
4011  99 
4012  10  30 
4012  10  50 
4012  10  80 
4012  20  90 
4012  90 
4013  10 
4013 90  90 

4104  10 95 
4104  10 99 
410431  11 
4104  31  19 
410431  30 
4104  31  90 
•II0-4  V>  Kl 
HOI  W0 

' i ; o;  i/  ii 
AM)J  1/  I'» 
-l.ML'  /.MO 
-i/o;  \)  to 
4202 92 11 
4202  92  18 

Leather  of  bovine  or  equine  animals,  without  li.ni  on,  oilui  than  leathei 
falling  within  CN  code  4108  or  4109 

Hia/.il 

—  Whole  bovine  skjn  leather,  of  a unit  surface  area  not  exceeding  2X square 

feet  (2,6  m;) 

-  -  Other 

(  Mill  l»'iMt  pit  |«.)M 'I 

Othei  bovine  leather  and  equine  leathei,  pan liniciil  diessed  <>i  |>M |>:tt(.I 
after  tanning 

I  m i l l ' ' .,  mill  i ir.ru,  vnnlly  • .e»  ••,  »  M  , iihvr 

- ii*-,r*>, 

I M M II  aM  -.,  ••< li<•• .1  -..id  h<  I>, 

' . i i i i lh 

r'.iMist 

and  Mtiiilai  <  oiilauieis 

W i l li 

(Hill  I  Mil Lite  n|  p l a . l ns 

in 

id  textile 

III  i l ri  l.ll', 

In  the  lottn  ol  plasm  sheeting 

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

With  outer  suilaie  ol  plastu  sheeting  or  ol  textile  iiiatenah 

Ol  plastu  sheeting 

Articles  of  kind  normally  carried  m  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 

-  5  -

Order 
No 

CN/TARIC-

Description 

Counrry  concerned 

Brazil 
China 
Hong  Kong 

10.0570 

4202 11 

Trunks,  suit-cases,  vanity  cases,  executive  cases,  brief  cases,  school  satchels 
and  similar  containers 

4202  12 91 
420212  99 
4202  19  90 

4202 21  00 
4202 22 90 
4202 29 00 
4202 31  00 
4202 32 90 
4202 39  00 
4202 91 

4202 92 91 
4202  92  98 
4202  99  00 

—  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 

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 

10.0670 

6403 

Footwear  with  outer  soles  of  rubber,  plastics,  leather  or  composition  leather 
and  uppers  of  leather 

10.0680 

6404 

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

6405 90  10 

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

Brazil 
South  Korea 
Indonesia 
Malaysia 
Singapore 

South  Korea 
Hong  Kong 
Indonesia 
Thailand 

Brazil 
Hong  Kong 
Indonesia 
South  Korea 
Thailand 

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  othei  materials 

China 

10.0700 

6601 

Umbrellas  and  sun  umbrellas  (including  walking-stick  umbrellas,  garden 
umbrellas  and  similar  umbrellas) 

Hong  Kong 

-  6 

Order 
No 

CN/ÎARK-

Code 

10.0740 

6912 00 50 

Description 

Country  concerned 

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 

10.0800 

711719  10 
71171991 
7117  1999 
7117  90  00*90 

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 

South  Korea 

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 

10.0950 

10.0980 

8211  10 00 
8211  91  30 
8211  91  80 

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 

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 

10.0990 

8452 10 

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

Brazil 

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 

10.1010 

8452 21 00 
8452 29 00 

8471  10 90 
8471  20  20 
8471  20  80 
8471  91  80 

8471  92.90 
8471  93 40 
8471  93  51 
8471  93  59 
8471 93 60 
8471  93 90 
8471 99  10 
8471  99 30 
8471  99  90 

-  7  -

Order 
No 

CN/TARIC-
Code 

Description 

Country  concerned 

10.1052 

8521 

Video  recording  or  reproducing  apparatus 

South  Koie; 

10.1053 

8523 

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

South  Korea 

8524 

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 

10.1055 

10.1060 

8528 
8528 
8528 
8528 
8528 
8528 
8528 
8528 
8528 
8528 
8528 
8528 
8528 

10 14 
10 16 
10 18 
10 22 
10 28 
10 52 
10 54 
10 56 
10 58 
10 62 
10 66 
10 72 
10 76 

8527 11 

8527 21 

8527  29 00 
8527 31 
8527 32 90 
8527  39 
8527 90 91 
8527 90 99 

10  31 
8528 
8528 
10  41 
8528 
10  43 
8528 
10  49 
8528 
10  81 
8528 
10  89 
8528  10  91 
8528  10  98 
8528  20 

8529 
8529 
8529 
8529 
8529 
8529 
8529 
8529 
8529 

10 20 
10 31 
10 39 
10 40 
10 50 
10 70 
10 90 
90 70 
90 98 

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 

Hong  Kong 
Singapore 
South  Korea 

— Colour 

—  — Television  projection  equipment 
— Apparatus  incorporating  a  videophonic  recorder  or  reproducer 

—  — Television  receivers  with  integral  tube 

apparatus 

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

radio-telegraphy  or 

for 

Hong  Kong 
Singapore 
South  Korea 

receivers 

Television 
(including  video  monitors  and  video  projectors), 
whether  or  not  combined  in  the  same  housing  with  radio-broadcast  recei 
vers  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 14. 8528 10 16, 
8528 10 18. 8528 10 22, 
8528 10 28. 8528 10 52. 
8528 10 54. 8528 10 56. 
8528 10 58. 8528 10 62 
8528 10 66. 8528 10 72. 
8528 10 76 

10.1094 

8540 11 

Cathode-ray  television  picture  tubes  including  video  monitor  cathode-ray 
tubes 

South  Korea 

— Colour 

- 8-

Order 
No 

10.1110 

CN/TARIC-
Code 

8540 91  00 
8540 99  00 

Description 

Oiuntry  concerned 

Thermonic,  cold  cathode  or  photocathode  valves  and  tubes 

—  Parts 

Hong  Kong 
Singapore 

8541  10 

8541  21 

8541  29 

8541  30 

8541  40  10 
8541  50 

8541  90 00 

8542 

8703 21  10 
8703 22 11 
8703 22  19 
8703 23 11 
8703 23  19 
8703 31  10 
8703 32  11 
8703 32  19 
8703  33  11*10 
8703  33  19*10 
8703  90  90*11 

10.1120 

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

Motor  vehicles,  new,  of  a  cylinder  capacity  not  exceeding  3 000  cm' 

South  Korea 

Electric  integrated  circuits  and  microassemblies 

10.1300 

9503 

Other  toys,  reduced  size  (scale)  models  and  similar  recreational  models 
working  or  not,  puzzles  of  all  sorts 

South  Korea 

- < *_ 

ISSN 0254-1475 

COM(93) 170  final 

DOCUMENTS 

EN 

1102 

Catalogue number : CB-CO-93-190-EN-C 

ISBN 92-77-54858-4 

Office for Official Publications of the European Communities 
Lr2985 Luxembourg