CELEX: 31973R2172
Language: en
Date: 1973-08-08 00:00:00
Title: Regulation (EEC) No 2172/73 of the Council of 8 August 1973 opening tariff preferences for certain textile products originating in Yugoslavia

13 . 8 . 73                          Official Journal of the European Communities                               No L 224/ 17
                               REGULATION (EEC) No 2172/73 OF THE COUNCIL
                                                     of 8 August 1973
                   opening tariff preferences for certain textile products originating in Yugoslavia
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        arise in the associated countries following the
                                                                implementation of the generalized preference scheme ;
Having      regard    to the   Treaty    establishing the
European Economic Community;                                    Whereas for the various categories of textile products
                                                                 in question Council Regulation (EEC) No 2763 /72 (2)
Having regard to the proposal from the Commission;
                                                                allocating and providing for the administration of
Whereas      within    the  context   of   UNCTAD       the     Community tariff quotas for certain textile products
European Economic Community offered to grant                    originating in developing countries and Council
tariff preferences on finished and semi-finished                 Regulation (EEC) No 2764/72 (3 ) of 19 December
products originating in developing countries ; whereas            1972 establishing preferential tariffs in respect of
the preferential treatment proposed in that offer               certain textile products originating in developing
covers, generally speaking, all finished and                    countries put into effect for Member States of the
semi-finished products falling within Chapters 25 to            Community         as     originally        constituted  the
99 of the Brussels Nomenclature and originating in              abovementioned offer for the first nine months of
developing countries ;                                           1973 in favour of those developing countries
                                                                satisfying the conditions outlined above and listed
Whereas, however, in respect of cotton textile                  in Annex B to those Regulations ; whereas, having
products covered by the Long-term Agreement on                  regard to the abovementioned extension of the
International Trade in Cotton Textiles (*) the offer            Long-term Agreement, regulations similar to those
made by the Community lays down that the                        referred to above shall cover the last three months
preferences, in the form of duty-free ceilings, will be          of 1973 ; whereas Yugoslavia for its part has
granted to the countries benefiting from generalized             recently entered into commitments similar to those
preferences which are signatories to the Long-term              made under the Long-term Agreement; whereas
Agreement or possibly to those countries benefiting              Yugoslavia should, therefore, also be granted the
 from generalized preferences which undertake in                 benefit to tariff preferences for the abovementioned
respect of the Community commitments similar to                  textile products and also for the whole of the year
those existing under that Agreement and for its                  1973 ; whereas, in order not to affect the advantages
duration, which has been extended until 31 December              which the present beneficiaries enjoy for the like
1973 ; whereas, having particular regard to the                  products, separate ceilings at zero should be opened
relation which Article 6 of the Long-term Agreement              exclusively for products originating in Yugoslavia;
establishes between cotton products and substitute               whereas each of these ceilings should under normal
products, it appears justified in these circumstances            conditions be equal to the maximum amount fixed
 and by virtue of the fact that a total suspension of            by Regulations (EEC) No 2763/72 and (EEC) No
 customs duties is involved to include in the same               2764/72 for corresponding products, with a lower
scheme as that described above those substitute                  limit of 10 % and an upper limit of 100% of the
textile products given in the conditional list of                quantities of the class of products in question
partial and limited reductions of customs duties                 exported from Yugoslavia to the Community in 1968 ;
 deposited with GATT by the Community during the                 whereas these ceilings must be adjusted in order to
last series of tariff negotiations ;                             take account of certain special cases where there are
                                                                 no deliveries from Yugoslavia ;
 Whereas the offer made by the Community includes
  a clause stipulating that the Community draw up
 the offer on the assumption that all the main                   Whereas, therefore, in respect of each of the classes
 industrialized countries which are members of the               of products listed in the Annex to this Regulation,
 OECD would participate in granting preferences and              the Community should until 31 December 1973 allow
would make similar efforts in this direction ; whereas,          duty-free imports up to the Community ceilings
 moreover, it is evident from the conclusions worked             indicated opposite each of those classes ; whereas the
 out in UNCTAD that this offer, while being of a                 benefit of these tariff quotas should be granted only
 temporary nature, does not constitute a binding                 for products originating in Yugoslavia, and the
 commitment and, in particular, may be withdrawn                  concept of the origin of the goods should be
 wholly or in part at a later date; whereas this                 determined in accordance with the procedure laid
 possibility may be adopted inter alia with a view to            down in Article 14 of Council Regulation (EEC) No
 remedying any unfavourable situations which might
                                                                  (2) OJ No L 296, 30. 12 . 1972, p . 63 .
  (!) OJ No L 225, 12. 10. 1970, p. 29 .                          (3 ) OJ No L 296, 30. 12. 1972, p . 69 .
 ---pagebreak--- No L 224/ 18                          Official Journal of the European Communities                              13 . 8 . 73
 802/68 (x ) of 27 June 1968 on the common definition                                     Article 2
 of the concept of the origin of goods ;                        As soon as the ceilings indicated in column 3 of the
                                                                Annex have been reached at Community level, the
Whereas in the event these objectives may be                    Common Customs Tariff duties may be reintroduced
attained by a method of administration based on the             at any time on imports of products originating in
charging at Community level of imports of the                   Yugoslavia, until the end of the period specified in
products in question against the ceilings as and                Article 1 ( 1 ).
when the products are presented for customs                                               Article 3
clearance under cover of declarations that they have
been entered into consumption accompanied by a                  1.     Imports of the products in question shall be
certificate of origin ; whereas this form of                    actually charged against the Community ceilings as
administration should make it possible to reintroduce           and when the products are presented for customs
Common Customs Tariff duties as soon as the                     clearance under declarations that they have been
ceilings have been reached at Community level;                  entered into consumption, accompanied by a
                                                                certificate of origin pursuant to the rules laid down
Whereas this form of administration requires close              in Article 1 (2).
and particularly rapid collaboration between the                2. Goods may be charged against a ceiling only
 Member States and the Commission, and the                      if the certificate of origin referred to in paragraph 1
Commission must in particular be able to follow                 is submitted before the date on which the levying
the extent to which charges are made in respect of              of duties is reintroduced.
the ceilings and inform the Member States thereof;              3 . The extent to which the ceilings have actually
whereas this collaboration must be sufficiently close           been used up shall be ascertained at a Community
for the Commission to be able to take adequate                   level on the basis of imports charged in accordance
measures to reintroduce the Common Customs Ta­
                                                                with paragraphs 1 and 2.
riff duties ;
                                                                                          Article 4
Whereas, since the ceilings in question are valid until         1 . The Commission, in close collaboration with
31 December 1973 , the system thus established could            the Member States, shall take all necessary
be amended under Protocol No 23 to the Act annexed
                                                                measures to ensure that the above provisions are
 to the Treaty (2) on the Accession of new Member               applied..
States to the European Economic Community;
                                                                2. The Commission shall, by means of a
                                                                Regulation, reintroduce the levying of Common
 HAS ADOPTED THIS REGULATION :                                  Customs Tariff duties in respect of Yugoslavia, in
                                                                accordance with Article 2 .
                          Article 1                                                       Article S
                                                                The Member States shall regularly inform, the
 1.    Until 31 December 1973 , subject to Articles 2           Commission of imports which are actually charged
 and 4 (2), the Common Customs Tariff duties on the             against the Community ceilings provided for in
products listed in the Annex shall be totally                   Article 1 ( 1 ).
suspended for Community ceilings up to the volume
in metric tons indicated in column 3 opposite each                                        Article 6
of those products.                                              The foregoing provisions may be amended under
                                                                Protocol No 23 to the Act annexed to the Treaty
2. The benefit of the suspension referred to in                 of Accession.
paragraph 1 is granted only for products originating
in Yugoslavia. For the purposes of this Regulation                                        Article 7
the origin of the goods shall be determined in                   This Regulation shall enter into force on the third
accordance with the procedure laid down in Article              day following its publication in the Official Journal
14 of Regulation (EEC) No 802/68 .                              of the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 8 August 1973 .
                                                                                      For the Council
                                                                                        The President
                                                                                       I. NØRGAARD
 (!) OJ No L 148 , 28 . 6. 1968, p. 1 .
(2) OJ No L 73 , 27. 3 . 1972, p . 178 .
 ---pagebreak--- 13 . 8 . 73                       Official Journal of the European Communities                              No L 224/ 19
                                                         ANNEX
               List of the products originating in Yugoslavia which are covered by generalized tariff
                                         preferences for certain textile products
                                                                                                             Community
                         CCT
                                                                   Description                                  ceiling
       Item No        heading No                                                                           (in metric tons)
                           1                                           2                                            3
            1              54.05   Flax or ramie yarn                                                              24
           2               55.05   Cotton yarn, not put up for retail sale:
                                   A. Multiple or cabled, finished, in balls or on cards, reels, tubes or
                                       similar supports of a weight (including support) not exceeding
                                       900 g                                                                       9-5
            3                      B. Other :
                                       I. Measuring, per single yarn, 120 000 m or more per kg                     8
           4                55.06  Cotton yarn, put up for retail sale                                             3
           5                55.07  Cotton gauze                                                                    4
           6               55.08   Terry towelling and similar terry fabrics, of cotton                            8
           7               55.09   Other woven fabrics of cotton :
                                   B. Other                                                                      60
            8              58.04   Woven pile fabrics and chenile fabrics (other than terry towelling
                                   or similar terry fabrics of cotton falling within heading No 55.08
                                   and fabrics falling within heading No 58.05)                                  51
           9               58.10   Embroidery, in the piece, in strips or in motifs                              19
          10               60.01   Knitted or crocheted fabric, not elastic nor rubberized                       10
                                   B. Of man-made fibres
                                   C. Of other textile materials
          11           ex 60.02    Gloves, mittens and mitts, knitted or crocheted, not elastic or
                                   rubberized, of cotton                                                          10
          12                60.05  Outer garments and other articles, knitted or" crocheted, not elastic
                                   or rubberized                                                                 30
                                       A. Outer garments and clothing accessories :
                                           ex II. Other, of cotton
                                   ex B. Other, of cotton
                            60.06  Knitted or crocheted fabric and articles thereof, elastic or rubberized
                                   (including elastic knee-caps and elastic stockings):
                                   A. Fabric :
          13                           — in cotton fabric                                                          3
          14                           — other                                                                     3
 ---pagebreak--- No L 224/20             Official Journal of the European Communities                               13 . 8 . 73
               CCT
                                                                                             Community
                                                        Description                             ceiling
    Item No heading No                                                                     (in metric tons)
                 1                                          2                                       3
                  61.01  Men's and boys' outer garments :
       15                — in cotton fabric                                                      30
                  61.02  Women's, girls' and infants' outer garments
       16                — in cotton fabric                                                      60
       17                — other                                                                 76
                  61.03  Men's and boys' undergarments, including collars, shirtfronts and
                         cuffs :
       18                — in cotton fabric                                                      60
       19                — other                                                                 60
       20    ex 61.04    Women's, girls' and infants' undergarments, of cotton                   32-5
       21        61.05   Handkerchiefs                                                           19
       22        62.01   Travelling rugs and blankets :
                         B. Other :
                             I. of cotton                                                         9-5
       23        62.03   Sacks and bags, of a kind used for the packing of goods                 55-5
                         B. Of other textile materials :
                                  I. Used :
                                     ex (b) other :
                                             — in cotton fabric
                             ex II . Other :
                                     — in cotton fabric
       24        62.04   Tarpaulins, sails, awning, sunblinds, tents and camping goods           60