CELEX: 51991PC0303(01)
Language: en
Date: 1991-07-26
Title: 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

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)
 ---pagebreak---                                        -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.
 ---pagebreak---                                            - 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
THE     COUNCIL      OF      THE     EUROPEAN   Whereas the review of the system has
COMMUNITIES,                                    continued into 1991 and the progress
                                                of the work makes it unlikely that a
Having     regard      to      the     Treaty   scheme based on new gu i de 11nes wouId
establishing     the    European     Economic   be established by 1 January 1992;
Community,       and      in      particular
Article 113 thereof,                            Whereas the validity of the scheme
                                                 for   1991   should     therefore   be
Having regard to the proposal from the          provisionally      extended      beyond
Commission,                                      1 January 1992,       pending      the
                                                 implementation of the new scheme
Having regard to the opinion          of  the   sometime in 1992;
European Par I lament,
                                                Whereas the mechanism provided for
Having regard to the opinion          of  the    in the third, fourth and fifth
Economic and Social Committee,                  paragraphs      of     Article 5     of
                                                Regulation (EEC) No 3832/90 presents
Whereas, in accordance with its offer            technical problems which warrant its
made within the context of the United           amendment,
Nations    Conference      on    Trade    and
Development     (UNCTAD),     the    European   HAS ADOPTED THIS REGULATION:
Economic Community opened generalized
tariff preferences commencing in 1971,                         Article 1
notably in respect of finished and
semi-finished industrial products from          Subject to the following Articles,
developing    countries;       whereas    the   Regulations     (EEC)   Nos    3831/90,
 initial ten-year period of application         3832/90, 3833/90 and 3835/90 shall
of this system of preferences ended on          apply     mutatis     mutandis     from
31 December 1980;                                1 January 1992 until the entry into
                                                 force of a revised scheme and in any
Whereas, however, the positive role             case not later than 31 December
played by this system in improving               1992.
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;
 ---pagebreak---                                           - 4 -
                 Article 2
Paragraphs 3, 4 and 5 of Article 5 of
Regulation     (EEC)     No 3832/90     are
replaced by the following:
"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     within      the     meaning     of
Article 14(1) on that date."
                 Article 3
The   modifications      to    annexes   to
Regulations     3831/90,     3832/90    and
3833/90,    which    are    purely   of   a
technical nature, are listed in the
Annex to the present Regulation.
                 Article 4
This Regulation shall enter into force
on 1 January 1992.
 ---pagebreak---                                           - 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"
 ---pagebreak---                                            - 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"
 ---pagebreak---                                            - 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"
 ---pagebreak---                                            - 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     COUNCIL      OF     THE     EUROPEAN    generalized preferences would not be
COMMUNITIES,                                     fully achieved by the end of 1980,
                                                 that   consequently      it should     be
Having      regard      to     the     Treaty   prolonged beyond the initial period,
establishing     the    European    Economic     an overall review of the system
Community, and in particular Article 43          having started in 1990;
thereof,
                                                Whereas the review of the system has
Having regard to the Act of Accession           continued into 1991 and the progress
of    Spain    and    Portugal,     and    in   of the work makes it unlikely that a
particular Articles 89(2) and 234(3)             scheme based on new gu i de Ii nes wouId
thereof,                                         be established by 1 January 1992;
Having regard to the proposal from the          Whereas the validity of the scheme
Commission,                                      for    1991   should      therefore    be
                                                 provisionally      extended       beyond
Having regard to the opinion of           the    1 January 1991,         pending       the
European Par I lament,                           implementation of the new scheme
                                                 sometime in 1992;
Having regard to the opinion of           the
Economic and Social Committee,                  Whereas the scheme for 1991 involved
                                                 a    preference    consisting     of    a
Whereas, in accordance with its offer            reduction of the import levy within
made within the context of the United            the limits of a fixed quota,
Nations     Conference     on    Trade    and
Development     (UNCTAD),     the    European    HAS ADOPTED THIS REGULATION:
Economic Community opened generalized
tariff preferences commencing in 1971,                          Article 1
notably in respect of finished and
semi-finished industrial products from           Regulation (EEC) No 3834/90 sha11
developing     countries;      whereas    the    apply     mutatis     mutandis       from
 initial ten-year period of application          1 January 1992                      until
of this system of preferences ended on           31 December 1992     at    the   latest,
31 December 1980;                                pending the entry into force of a
                                                 revised scheme.
Whereas, however, the positive role
played by this system in improving                              Article 2
access for the developing countries to
the markets of the preference-giving            This Decision shall enter into force
countries was recognized at the ninth           on 1 January 1992.
session of the UNCTAD Special Committee
on Preferences; whereas it was there
agreed that the objectives of the
system of
 ---pagebreak---                                        - 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.
 ---pagebreak---                                           - 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"
 ---pagebreak---                                       -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     les  importations
effectivement entrées au 31 décembre de la même année avec un taux
préférentiel.
    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.
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                      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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