CELEX: 31973R2171
Language: en
Date: 1973-08-08 00:00:00
Title: Regulation (EEC) No 2171/73 of the Council of 8 August 1973 opening, allocating and providing for the administration of a Community tariff quota for certain textile products originating in Yugoslavia

13 . 8 . 73                         Official Journal of the European Communities                                No L 224/ 11
                              REGULATION (EEC) No 2171 /73 OF THE COUNCIL
                                                     of 8 August 1973
              opening, allocating and providing for the administration of a Community tariff quota
                                 for certain textile products originating in Yugoslavia
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         wholly or in part at a later date ; whereas this
                                                                 possibility may be adopted inter alia with a view
Having regard to the Treaty establishing the                     to remedying any unfavourable situations which
European Economic Community;                                     might arise in the associated countries following the
                                                                 implementation of the generalized preference scheme ;
Having regard to the proposal from the Commission ;
Whereas within the framework of UNCTAD the                       Whereas, for the various categories of textile
                                                                 products in question, Council Regulation (EEC) No
European Economic Community offered to grant                      2763 /72 (2) of 19 December 1972 opening, allocating
tariff preferences on finished and semi-finished
products originating in developing countries ; whereas
                                                                 and providing for the administration of Community
the preferential treatment proposed in that offer
                                                                 tariff quotas for certain textile products originating
                                                                  in developing countries and Council Regulation (EEC)
covers, generally speaking, all finished and semi­
                                                                  No 2764/72 (3 ) of 19 December 1972 establishing
finished products falling within Chapters 25 to 99
                                                                  preferential tariffs in respect of certain textile
of the Brussels Nomenclature and originating in
                                                                 products originating in developing countries put into
developing countries ;
                                                                 effect for the Member States of the Community as
                                                                 originally constituted the abovementioned offer for
 Whereas, however, in respect of cotton textile                  the first nine months of 1973 in favour of those
products covered by the Long-term Agreement on                   developing     countries     satisfying    the   conditions
International Trade in Cotton Textiles (*), the offer             outlined above and listed in Annex B to those
 made by the Community lays down that the
 preferences, in the form of duty-free ceilings, will            Regulations ; whereas having              regard to the
be granted to the countries benefiting from                      abovementioned extension of               the Long-term
                                                                 Agreement, Regulations similar to those referred to
generalized preferences which are signatories to the
                                                                 above shall cover the last three months of 1973 ;
Long-term Agreement or possibly to those countries
benefiting from generalized preferences which                    whereas Yugoslavia for its part has recently entered
                                                                 into commitments similar to those made under the
 undertake in respect of the Community commitments
similar to those existing under that Agreement and               Long-term Agreement ; whereas Yugoslavia should,
for its duration, which has been extended until
                                                                 therefore, also be granted the benefit of tariff
31 December 1973 ; whereas, having particular regard
                                                                 preferences for the textile products in question and
to the relation which Article 6 of the Long-term                 also for the whole of the year 1973 ; whereas, in
Agreement establishes between cotton products and                order not to affect the advantages which the present
substitute products, it appears justified in these                beneficiaries enjoy for the like products, separate
circumstances and by virtue of the fact that a total             ceilings at zero duty should be opened exclusively
                                                                 for products originating in Yugoslavia ; whereas each
suspension of customs duties is involved to include
 in the same scheme as that described above those                of these ceilings should under normal conditions be
substitute textile products given in the conditional              equal to the maximum amount fixed by Regulations
                                                                  (EEC) No 2763/72 and (EEC) No 2764/72 for
 list of partial and limited reductions of customs               corresponding products, with a lower limit of- 10 °/o
duties deposited with GATT by the Community
                                                                 and an upper limit of 100% of the quantities of
during the last series of tariff negotiations ;
                                                                 the types of products in question exported from
                                                                 Yugoslavia to the Community in 1968 ;
"Whereas the offer made by the Community includes
 a clause stipulating that the Community drew up the
 offer on the assumption that all the main
 industrialized countries which are members of the               Whereas the Community should, therefore, for the
OECD would participate in granting preferences                   period to 31 December 1973, open Community
 and would make similar efforts in this direction ;              duty-free tariff quotas in respect of the products
whereas, moreover, it is evident from the conclusions             listed in the Annex to this Regulation up to the
 worked out in UNCTAD that this offer, while being                amounts specified in metric tons for each of them ;
 of a temporary nature, does not constitute a binding            whereas the benefit of these tariff quotas should
 commitment and, in particular, may be withdrawn
                                                                  (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/ 12                      Official Journal of the European Communities                                    13 . 8 . 73
apply only to products originating in Yugoslavia,           Whereas, since the tariff quotas in question are valid
and the concept of origin of the goods should be            until 31 December 1973 , the system established could
determined in accordance with the procedure laid            be amended under the Protocol No 23 to the Act
down in Article 14 of Council Regulation (EEC)               annexed to the Treaty (2) on the Accession of new
No 802/68 of 27 June 1968 on the common definition          Member States to the European Economic Community
of the concept of the origin of goods (*);                  and the European Atomic Energy Community;
Whereas a scheme of allocation of Community
tariff quotas among the Member States of the                 HAS ADOPTED THIS REGULATION :
Community as originally constituted would appear
to conform to the Community character of those
quotas ; whereas the application of the generally                                     Article 1
accepted principles in respect of the allocation of
the Community tariff quotas which have been opened           1 . Until 31 December 1973 , the Common
until now entails, under these circumstances and in         Customs Tariff duties on the products listed in the
view of the variety of the products concerned,              Annex to this Regulation shall be totally suspended
calculations which are all the more problematic in          for Community tariff quotas up to the volume in
that the statistical data required sometimes prove          metric tons indicated in column 3 of that Annex in
to be incomplete or not sufficiently accurate or             respect of each of those products.
representative ; whereas the time required for these
calculations cannot be reconciled with the continuity       2. The tariff quotas referred to shall be granted
necessary for the application of the tariff preferences      only to products originating in Yugoslavia. For the
concerned ; whereas, under these conditions, it would       purposes of this Regulation the origin of the goods
be advisable still at this stage to adopt a fixed scale      shall be determined in accordance with the procedure
 for allocating the Community tariff quotas concerned        laid down in Article 14 of Regulation (EEC) No
among the Member States ; whereas, using on the              802/68 .
 basis of general economic criteria, ie external trade,
the gross national product and population, the
percentages for the initial shares of the Member
                                                                                      Article 2
States in the quota amounts are as follows for the
quota year under consideration :
                                                             The Community tariff quotas referred to in Article
                                                              1 ( 1 ) shall be allocated among the Member States
                  Germany       37-5 °/o                     in quota shares equal to the amounts indicated in
                                                             column 4 of the Annex in respect of each type of
                  Benelux       15-1 <Vo                     product.
                  France        27-1 <Vo
                  Italy         20-3 °/o
                                                                                      Article 3
                                                             1.      The Member States shall ensure free access to
 Whereas, since the quotas involved are relatively small
                                                             the quota share which has been allocated to them
 it appears possible, without affecting the Community
 nature of the tariff quotas under consideration, to         for importers of the products concerned who are
 provide at this stage for a utilization scheme based        established on their territory.
 on a single allocation among the Member States ;
whereas such allocation could be made according to           2. The extent to which the quota shares of
 the percentages set out in the table above;                 Member States have been actually used up shall
                                                             be recorded on the basis of imports of the products
                                                             which have been presented for customs clearance
 Whereas since the Kingdom of Belgium, the Kingdom           under cover of declarations that they have been
 of the Netherlands and the Grand-Duchy of                   entered into consumption, and which are
 Luxembourg are united in and represented by                 accompanied by a certificate of origin in accordance
 the Benelux Economic Union for the allocation of            with the rules referred to in Article 1 (2).
 the tariff quotas concerned, any measure concerning
 the administration of the quota shares allocated            3 . An item of goods may qualify for a tariff quota
 to that Economic Union may be carried out by one            if the certificate of origin referred to in paragraph 2
 of its Members ;                                            is submitted before the date on which the levying
                                                             of duties is reintroduced .
  H OJ No L 148, 28. 6. 1968, p. 1.                           (2) OJ No L 73, Special Edition, 27. 3 . 1972, p . 178 .
 ---pagebreak--- 13 . 8 . 73                      Official Journal of the European Communities                       No L 224/13
                       Article 4                                                    Article 6
Member States shall inform the Commission at                The foregoing provisions may be amended under
regular intervals of imports actually charged against       Protocol No 23 to the Act annexed to the Treaty
their quota shares.                                         of Accession .
                       Article 5                                                    Article 7
Member States and the Commission shall cooperate            This Regulation shall enter into force on the third
closely to see that the preceding provisions are            day following its publication in the Official Journal
observed.                                                   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
 ---pagebreak--- No L 224/ 14                      Official Journal of the European Communities                                            13 . 8 . 73
                                                            ANNEX
             List of products originating in Yugoslavia covered by Community duty-free tariff quotas as
                                         part of the generalized tariff preferences
                                                                                                           Volume of quota
                                                                                                           shares allocated
                     CCT
                                                   Description                   Quota volume             to Member States
   Item No        heading No                                                    (in metric tons)
                                                                                                           (in metric tons)
                       1                                2                              3                          4
       1               55.05     Cotton yarn, not put up for retail sale :
                                 B. Other :
                                    II . Other :
                                         Measuring, per single, yarn, per
                                         kilo :
                                         — 14 000 m or less                           55         Germany:                     20-62
                                                                                                 Benelux :                      8-31
                                                                                                 France :                      14-91
                                                                                                 Italy:                        11-16
       2                                 — more than 14 000 m but not                855         Germany :                  320-62
                                             more than 40 000 m                                  Benelux :                  129-11
                                                                                                 France :                   231-71
                                                                                                 Italy :                    173-56
       3                                 — more than 40 000 m but not                295         Germany :                  110-63
                                             more than 80 000 m                                  Benelux :                    44-55
                                                                                                 France :                     79-94
                                                                                                 Italy :                      59-88
       4                                 — more than 80 000 m but not                 43         Germany :                    16-13
                                             more than 120 000 m                                 Benelux :                      6-49
                                                                                                 France :                     11-65
                                                                                                 Italy:                         8-73
       5               55.09     Other woven fabrics of cotton :
                                 A. Containing 85 % or more by weight
                                    of cotton :
                                     I. of a width of less than 85 cm
                                         — unbleached                                 24         Germany :                      9-00
                                                                                                 Benelux :                      3-63
                                                                                                 France :                       6-50
                                                                                                 Italy :                        4-87
       6                                 — other                                      76         Germany :                    28-50
                                                                                                 Benelux :                    11-48
                                                                                                 France :                     20-59
                                                                                                 Italy :                      15-43
       7                            II. Other :
                                         — unbleached, of a width :
                                             — of 85 cm or more but not              765         Germany :                  286-87
                                                 more than 115 cm                                Benelux :                  115-52
                                                                                                 France :                   207-32
                                                                                                 Italy:                     155-29
 ---pagebreak--- 13 . 8 . 73              Official Journal of the European Communities                                    No L 224/ 15
                                                                                                Volume of quota
                CCT                                                   Quota volume               shares allocated
                                         Description                                            to Member States
     Item No heading No                                              ( in metric tons)
                                                                                                 (in metric tons)
                  1                           2                              3                          4
          8                        — more than 115 cm but not              465         Germany :                  174-37
                                       more than 165 cm                                Benelux :                   70-22
                                                                                       France :                   126-02
                                                                                       Italy :                     94-39
          9                         — more than 165 cm                     151         Germany :                   56-63
                                                                                       Benelux :                   22-80
                                                                                       France :                    40-92
                                                                                       Italy:                      30-65
         10                         Other :
                                    — printed                                53        Germany :                   19-88
                                                                                       Benelux :                     8-00
                                                                                       France :                    14-36
                                                                                       Italy :                     10-76
         11                         — other                                  53        Germany :                   19-88
                                                                                       Benelux :                     8-00
                                                                                       France :                    14-36
                                                                                       Italy:                      10-76
         12        56.05 Yarn of man-made fibres (discontinuous
                         or waste) not put up for retail sale
                         B. Of regenerated textile fibres                    72        Germany :                   27-00
                                                                                       Benelux :                    10-87
                                                                                       France :                     19-51
                                                                                       Italy :                      14-62
         13        56.07 Woven     fabrics  of     man-made   fibres
                         (discontinuous or waste):
                         B. Of regenerated textile fibres :
                             — printed                                      100         Germany :                  37-50
                                                                                       Benelux :                    15-10
                                                                                        France :                   27-10
                                                                                        Italy :                    20-30
         14                  — other                                        100         Germany :                   37-50
                                                                                        Benelux :                   15-10
                                                                                        France :                    27-10
                                                                                        Italy :                     20-30
         15    ex 60.03  Stockings, under stockings, socks, ankle­
                         sock, sockettes and the like, knitted or
                         crocheted, not elastic or rubberized :
                         — of cotton                                          17        Germany :                    6-37
                                                                                        Benelux :                    2-57
                                                                                        France :                     4-61
                                                                                        Italy:                       3-45
 ---pagebreak--- No L 224/ 16              Official Journal of the European Communities                                     13 . 8 . 73
                                                                                            Volume of quota
                CCT                                                Quota volume             shares allocated
                                            Description                                    to Member States
   Item No   heading No                                           (in metric tons)
                                                                                             (in metric tons)
                  1                              2                       3                          4
      16          60.04  Undergarments, knitted or crocheted, not
                         elastic or rubberized :
                         A. Of cotton                                    72        Germany :                    27-00
                                                                                   Benelux :                    10-87
                                                                                   France :                     19-51
                                                                                   Italy:                       14-62
      17          61.01  Men's and boys' outer garments :
                         — other than of cotton fabric                 191         Germany :                    71-63
                                                                                   Benelux :                    28-84
                                                                                   France :                     51-76
                                                                                   Italy:                       38-77
      18           62.02 Bed linen, table linen, toilet linen and
                         kitchen linen; curtains and other fur­
                         nishing articles :
                         — of cotton fabric                              31        Germany :                    11-63
                                                                                   Benelux :                     4-68
                                                                                   France :                      8-40
                                                                                   Italy:                        6-29
      19                 — other                                           4       Germany :                     1-50
                                                                                   Benelux :                     0-61
                                                                                   France :                      1-08
                                                                                   Italy :                       0-81