CELEX: 31975R3015
Language: en
Date: 1975-11-17 00:00:00
Title: Regulation (EEC) No 3015/75 of the Council of 17 November 1975 opening, allocating and providing for the administration of a Community tariff quota for raw or unmanufactured flue-cured Virginia type tobacco originating in developing countries

29 . 11.75                                 Official Journal of the European Communities                                  159
                                  REGULATION (EEC) No 3015/75 OF THE COUNCIL
                                                        of 17 November 1975
              opening, allocating and providing for the administration of a Community tariff quota
              for raw or unmanufactured flue-cured Virginia type tobacco originating in developing
                                                              countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              applicable to such goods by virtue of that Regulation,
                                                                      and, in respect of products which are subject to the
                                                                      single customs duty, of a reduction in such duty;
Having regard to the Treaty establishing the Euro­                    whereas preferential imports of the products
pean Economic Community, and in particular                            concerned could be effected without quantitative
Article 43 thereof ;                                                  restrictions ; whereas it appears appropriate, however,
                                                                      in view of the sensitiveness of the tobacco sector
                                                                      generally and of the need to safeguard the interests
Having regard to the proposal from the Commission ;                   of the associated countries and of the ACP States in
                                                                      this field, to lay down for raw or unmanufactured
Having regard to the Opinion of the European                          flue-cured Virginia type tobacco special conditions
Parliament ( x );                                                     consisting in a reduction of the customs duty
                                                                      applicable to that product within the limits of a
                                                                      Community tariff quota ;
Whereas in the Joint Declaration of Intent ( 2) on the
development of trade relations with Sri Lanka, India,
Malaysia, Pakistan and Singapore, the Community                       Whereas the offer made by the Community includes
declared   its readiness to          seek   solutions    to the       a clause stating that the Community drew up the
problems which may arise in the field of trade with                   offer on the assumption that all the main industrial­
the countries referred to ;                                           ized countries which are members of the OECD
                                                                      would participate in granting preferences and would
                                                                      make similar efforts in this direction; whereas, more­
Whereas, on the one hand, for several Asian countries                 over, it is evident from the conclusions worked out in
of the Commonwealth and particularly India, the                       UNCTAD that this offer, while being of a temporary
type of unmanufactured tobacco concerned is an im­                    nature, does not constitute a binding commitment
portant export product and the flow of trade in such                  and, in particular, may be withdrawn wholly or in
products is likely to be changed as a result of the                   part at a later date ; whereas this possibility may be
enlargement of the Community and, on the other                         adopted inter alia with a view to remedying any
hand, these countries are among the worst hit by the                  unfavourable situations which might arise in the
present economic crisis ; whereas the system of                       ACP States following the implementation of the
generalized tariff preferences may constitute a                       generalized preference scheme ;
solution to the problems of this nature ; whereas
this type of tobacco should exceptionally be included
for a transitional period in the system of generalized                Whereas tariff preferences have been applied as from
preferences ;                                                         the second half of 1971 ; whereas, however, for the
                                                                      type of tobacco in question the said system of tariff
Whereas, within the context of UNCTAD, the                            preferences has been made applicable in 1974 as a
European Economic Community offered to grant                          transitional measure and it is appropriate to continue
                                                                       this system for 1976 :
tariff preferences on certain processed agricultural
products of Chapters 1 to 24 of the Common
Customs Tariff which originate in developing
countries ; whereas the preferential treatment                        Whereas it is expedient, therefore, that the Com­
proposed in that offer consists, in respect of certain                 munity should open for 1976 for raw or unmanu­
goods which are subject to the trade arrangements                      factured flue-cured Virginia type tobacco, originatirig
laid down in Regulation (EEC) No 1059/69, of a                         in the countries and territories listed in the Annex,
reduction in the fixed component of the charge                         a Community tariff quota limited to 38 000 metric
                                                                       tons, at a customs duty rate of 10-5% with a
                                                                       minimum charge of 12-5 units of account and a maxi­
o OJ No C 257, 10 . 11 . 1975 , p. 30 .                                mum charge of 15 units of account per 100 kilo­
 (2) OJ No L 73 , 27 . 3 . 1972 , p. 195 .                             grammes net weight;
 ---pagebreak---  160                                     Official Journal of the European Communities                              29 . 11.75
 Whereas, in accordance with Protocol 23 to the Act                 Whereas, on the basis of the available statistical data
of Accession (*), the generalized tariff preference                 which cover only a relatively brief period and whereas
scheme became fully applicable in the new Member                    they should be weighted on the basis of the estimates
States on 1 January 1974;                                           which may be made in respect of the quota year, the
                                                                    shares in the quota amount may be set out as
                                                                    follows :
Whereas, for the product concerned, this scheme
would, however, involve the application in the new                         Germany                 4 350 metric tons
Member States in 1976 of customs duties higher                             Benelux                 3 250 metric tons
than or very close to those which will be applied
by the new Member States to non-member countries                           France                     700 metric tons
in general on the basis of the provisions of the above­
mentioned Act; whereas this situation would comply                         Italy                   3 000 metric tons
neither with the spirit nor with the very nature of the                    Denmark                 1 900 metric tons
generalized preference scheme; whereas, in order to
                                                                           Ireland                 1 500 metric tons
maintain an equivalent preferential margin for these
products also, reduced customs duties should be                            United Kingdom         23 300 metric tons
applied to them, in accordance with detailed rules
based on the principle of maintaining, in the new                  Whereas, without affecting the Community nature
Member States, a preference proportional to that
which exists between the duties of the Common                       of the tariff quota under consideration, it appears
Customs Tariff and the duties given in Article 1 of
                                                                   possible to provide temporarily for a utilization
this Regulation; whereas, with a view to granting                  scheme based on a single allocation among the
the beneficiary developing countries the best possible             Member States ; whereas, moreover, the allocation
treatment, in accordance with the objectives of the                 set out by this Regulation in no way prejudices the
                                                                   possibility of adopting the general method of
preference scheme, the duties given in the abovemen­
tioned Article 1 should also be applied wherever the               allocation of Community tariff quotas comprising
                                                                   the setting up of a reserve share ; whereas at this
duties calculated according to the abovementioned
                                                                   transitional stage it appears feasible that such allo­
detailed rules prove to be higher than them ;
                                                                   cation could be made according to the amounts set
                                                                    out above;
Whereas the benefit of this tariff quota should be                 Whereas the shares of the Member States in the
reserved for products originating in the countries and             Community tariff quota, in view of its duration and
territories under consideration, the concept of                    its amount, do not appear in this instance to
'originating products' being determined in accordance              compromise the equal access for Community im­
with the procedure laid down in Article 14 of Council              porters to Community tariff quotas ; whereas for
Regulation (EEC) No 802/68 (*) of 27 June 1968                     this same reason it would appear expedient to allow
on ' the common definition of the concept of the                   each Member State to choose the system for
origin of goods ;                                                   administering its share ;
                                                                   Whereas since the Kingdom of Belgium, the Kingdom
Whereas it is necessary to ensure equal and contin­                of the Netherlands and the Grand Duchy of Luxem­
uous access for all Community importers to the                     bourg are united in and represented by the Benelux
abovementioned quota and the uninterrupted appli­                  Economic Union, all transactions concerning the
cation of the rate laid down for this quota to all                 administration     of  the   share    allocated  to   that
imports of the products concerned into all Member                  Economic Union may be carried out by any one of
States until this quota is used up; whereas, having                its members,
regard to the principles set out above, the Community
nature of the quota can be respected by allocating
the Community tariff quota among Member States ;                   HAS ADOPTED THIS REGULATION :
whereas, moreover, to this end and in the context of
the utilization system, the actual charges against the
quota may relate only to products which have been                                           Article 1
entered for home use and which are accompanied
by a certificate of origin;                                        1 . From 1 January to 31 December 1976 a Commu­
                                                                   nity tariff quota of 38 000 metric tons shall be
                                                                   opened in the Community for the imports of raw or
                                                                   unmanufactured flu^-cured Virginia type tobacco
(!) OJ No L 73 , 27. 3 . 1972, p . 178 .                           falling within subheading ex 24.01 B of the Common
(8) OJ No L 148, 28 . 6. 1968, p . 1 .                             Customs Tariff. Within this tariff quota the customs
 ---pagebreak--- 29 . 11 . 75                        Official Journal of the European Communities                                   161
duty shall be suspended at 10-5% with a minimum                        Germany                 4 350 metric tons
charge of 12-5 units of account and a maximum                          Benelux                 3 250 metric tons
charge of 15 units of account per 100 kilogrammes
net weight.                                                            France                    700 metric tons
                                                                       Italy                   3 000 metric tons
On importation into Denmark, Ireland and the                           Denmark                 1 900 metric tons
United Kingdom, there shall be applied the customs
duties determined by multiplying, by a coefficient                     Ireland                 1 500 metric tons
equal to the margin of preferences existing between
the duty given in the first subparagraph and the                       United Kingdom         23 300 metric tons
Common Customs Tariff duties applicable, the duties
obtained by reducing by 80% the difference between                                     Article 3
the lowest duty applied on 1 January 1972 to the               1 . The Member States shall ensure free access to
developing countries set out in the Annex and the              the share which has been allocated to them for
Common Customs Tariff.
                                                               importers of the products concerned who are
                                                               established on their territory.
However, the duties given in the first subparagraph
shall be applied where the duties resulting from the           2. The extent to which the shares of Member States
abovementioned calculation are higher than them.               have been actually filled shall be determined on the
                                                               basis of imports of the said goods which have been
                                                               entered for home use, and which are accompanied
2. This tariff quota shall apply solely to products            by a certificate of origin in accordance with the rules
originating in the countries and territories listed in         referred to in Article 1 (2).
the Annex. However, those imports which enjoy
exemption from customs duties under other pre­                 3 . Goods may qualify for a tariff quota only if the
ferential tariff arrangements granted by the Commu­            certificate of origin referred to in paragraph 2 is
nity may not be charged against this tariff quota.             submitted before the date on which the levying of
                                                               duties is re-introduced.
For the purposes of the application of this Regulation
the concept of 'originating products' shall be de­                                     Article 4
termined in accordance with the procedure laid down            Member States shall inform the Commission at
in Article 14 of Regulation (EEC) No 802/68 .                  monthly intervals of imports of the said goods
                                                               actually charged against their shares. This
Entry to this tariff quota shall be subject to the             information shall show both the value expressed in
production of a certificate of authenticity appearing          units of account and the quantity expressed in metric
                                                               tons .
 in the certificate of origin and made out in accord­
ance with the procedure referred to in the second
subparagraph.                                                                          Article 5
                                                               Member States and the Commission shall cooperate
                                                               closely to ensure that the above Articles are observed.
                        Article 2
                                                                                        Article 6
The Community tariff quota mentioned in Article 1
shall be allocated in shares which, for each Member            This Regulation shall enter into force on 1 January
State, shall be of the amount indicated below.                 1976 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 17 November 1975 .
                                                                                      For the Council
                                                                                       The President
                                                                                       E. COLOMBO
 ---pagebreak--- 162                                Official Journal of the European Communities                                 29.11.75
                                                       ANNEX
                    List of developing countries and territories enjoying generalized tariff preferences
                                             INDEPENDENT COUNTRIES
Afghanistan                              Haiti                                         Qatar
Algeria                                  Honduras                                     Rwanda
Argentina                                India                                        Saudi Arabia
Bahamas                                  Indonesia                                     Senegal
Bahrain                                  Iran                                          Sierra Leone
Bangladesh                               Iraq                                          Singapore
Barbados                                 Ivory Coast                                   Somalia
Bhutan                                   Jamaica                                       Sri Lanka
Bolivia                                  Jordan                                        Sudan
Botswana                                 Kenya                                        Surinam
Brazil                                   Khmer Republic                                Swaziland
Burma                                    Korea (South)                                 Syria
Burundi                                  Kuwait                                        Tanzania
Cameroon                                 Laos                                          Thailand
Cape Verde Islands                       Lebanon                                       Togo
Central African Republic                 Lesotho                                       Tonga
Chad                                     Liberia                                       Trinidad and Tobago
Chile                                    Libya                                         T unisia
Colombia                                 Malagasy Republic                             Uganda
Congo, People's Republic of              Malawi                                        United Arab Emirates :
Costa Rica                               Malaysia                                           Abu Dhabi
Cuba                                     Maldive Islands                                    Dubai
Cyprus                                    Mali                                              Ras al Khaimah
Dahomey                                   Mauritania                                        Fujairah
Dominican Republic                       Mauritius                                          Ajman
Ecuador                                  Mexico                                             Sharjah
Egypt, Arab Republic of                  Morocco                                            Ummal Qaiwain
El Salvador                              Nauru                                         Upper Volta
Equatorial Guinea                         Nepal                                        Uruguay
Ethiopia                                 Nicaragua                                     Venezuela
Fiji                                     Niger                                         Vietnam, Republic of
Gabon                                     Nigeria                                      Western Samoa
Gambia                                    Oman                                         Yemen, People's Democratic
Ghana                                     Pakistan                                     Republic of
Grenada                                   Panama                                       Yemen Arab Republic
Guatemala                                Papua New Guinea                              Yugoslavia
Guinea                                    Paraguay                                     Zaïre
Guinea Bissau                             Peru                                         Zambia
Guyana                                    Philippines
 ---pagebreak--- 29 . 11 . 75                              Official Journal of the European Communities                                              163
                                                   COUNTRIES AND TERRITORIES
             dependent or administered, or for whose external relations Member States of the Community
                                          or third countries are wholly or partly responsible
             Afars and Issas (Territory of the)
             Angola (including Cabinda)
             Australian Antarctic Territory
             Belize
             Bermuda
             British Antarctic Territory
             British Indian Ocean Territory (Aldabra, Farquhar, Chagos Archipelago, Desroches)
             British Pacific Ocean (*)
             Brunei
             Cayman Islands and Dependencies
             Christmas Island
             Cocos ( Keeling) Islands
             Comoro Archipelago
             Corn Islands and Swan Islands
             Falkland Islands and Dependencies
             French Polynesia
             French Southern and Antarctic Territories
             Gibraltar
             Heard Island and McDonald Islands
             Hong Kong
             Leeward Islands (2)
             Macao
             Mozambique
             Netherlands Antilles
             New Caledonia and Dependencies
             Norfolk Island
             Pacific Islands administered by the United States of America or under United States trusteeship (3)
             Portuguese Timor
             St Helena (including Ascension , Gough Island, and Tristan da Cunha)
             Saint Pierre and Miquelon
             Sao Tomé and Principe
             Seychelles (including Amirantes)
             Sikkim
             Spanish territories in Africa
             Territories for which New Zealand is responsible (Cook Islands, Niue Island, Tokelau Islands
                   and Ross Dependency)
             Turks and Caicos Islands
             Virgin Islands of the United States (St Croix, St Thomas, St John, etc.)
             Wallis and Futuna Islands
             Windward Islands (4)
              Note: The above lists may be amended subsequently to take account of changes in the inter­
                       national status of countries or territories.
             (*) Gilbert Islands, Tuvalu, British Solomon Islands , New Hebrides Condominium, and Pitcairn Islands.
              (*) Antigua, Montserrat, St Kitts-Nevis-Anguilla, British Virgin Islands.
              (') The Pacific Islands administered by the United States of America include: Guam, American Samoa (including
                  Swain 's Island), Midway Islands , Johnston and Sand Islands , Wake Island and the Trust Territory of the Pacific
                  Islands (the Caroline, Marianas and Marshall Islands).
              (4) Dominica, St Lucia, St Vincent.