CELEX: 31974R3048
Language: en
Date: 1974-12-02 00:00:00
Title: Regulation (EEC) No 3048/74 of the Council of 2 December 1974 opening preferential tariffs for certain textile products originating in developing countries

No L 329/24                         Official Journal of the European Communities                              9 . 12. 74
                               REGULATION (EEC) No 3048/74 OF THE COUNCIL
                                                  of 2 December 1974
                opening preferential tariffs for certain textile products originating in developing
                                                        countries
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       alized countries which are members of the OECD
                                                                would participate in granting preferences and would
 Having regard to the Treaty establishing the Euro­             make similar efforts in this direction ; whereas, more­
 pean Economic Community ;                                      over, it is evident from the conclusions worked out
                                                                in UNCTAD that this offer, while being of a
                                                                temporary nature, does not constitute a binding
  Having regard to the proposal from the Commission ;           commitment and, in particular, may be withdrawn
                                                                wholly or in part at a later date ; whereas this
 Whereas, within the context of UNCTAD, the Euro­               possibility may be adopted inter alia with a view to
pean Economic Community offered to grant tariff                 remedying any unfavourable situations which might
preferences on finished and semi-finished products              arise in the associated countries following the
 coming from developing countries ; whereas the pre­            implementation of the generalized preference scheme ;
ferential treatment proposed in that offer covers,
 generally speaking, all finished and semi-finished
 industrial products covered by Chapters 25 to 99               Whereas, moreover, the conference of Heads of
 of the Brussels Nomenclature which originate in                State or of Government of the Member States and
 developing countries ; whereas the preference consists         the States acceding to the European Communities
in the granting of exemption from customs duties ;              held in Paris from 19 to 21 October 1972 invited the
 whereas preferential imports are effected up to the            Community institutions and the Member States to
 level of ceilings calculated by value in respect of each       adopt an overall policy of development cooperation
 product on the basis of factors which are uniform              on a world-wide scale comprising in particular the
for all the products ; whereas in order that the pref­          improvement of generalized preferences with the aim
 erences granted to the most competitive developing             of achieving a steady increase in imports of manu­
country or countries should be restricted and that              factures from the developing countries ;
 a substantial share should be reserved for the least
 competitive, preferential imports from any one de­
 veloping country in respect of a given product should          Whereas tariff preferences have been applied from
 not, as a general rule, exceed 50% of the ceiling              the second half of 1971 under the conditions set
 fixed for that product;                                        out above and whereas these preferences should
                                                                continue to be applied throughout 1975 ;
Whereas, in the offer made by the Community, the
 annual ceilings should normally be calculated on the
 basis of the total value for 1968 of cif imports from
                                                                Whereas, in accordance with Protocol 23 to the Act
the countries benefiting from this scheme, excluding
those already enjoying various preferential tariff              of Accession (*), the generalized tariff preference
                                                                scheme will be applicable in the new Member States
 arrangements granted by the Community, (basic
amount) plus 5% of the value of cif imports from                from 1 January 1974 ;
the other countries and from the countries already
enjoying such arrangements ( additional amount);
whereas such additional amount is variable and is               Whereas, having regard to the terms of the offer
calculated each year on the basis of the latest figures         concerned and to the need to improve the generalized
available, provided that this entails no reduction in           preferences, the abovementioned basic and additional
the ceiling ; whereas, however, in view of the special          amounts should normally refer to 1971 ; whereas,
nature of the trade in most of the textile products            however, in respect of textile products, the
referred to in this Regulation, it is expedient to              complexity of the measures to be implemented,
calculate the ceilings concerned in terms of metric             combined     with   the     abovementioned    aim      of
tons ;
Whereas the offer made by the Community includes
a clause stating that the Community drew up the
offer on the assumption that all the main industri­             0 OJ No L 73 , 27 . 3 . 1972 , p. 14.
 ---pagebreak---   9 . 12. 74                           Official Journal of the European Communities                         No L 329/25
 improving the generalized preferences, could in 1974              the new Member States on the products listed in
 be overcome normally only by means of a flat-rate                 Annex A shall, subject to Articles 2 and 4 (2), be
 increase of some 50% in the ceilings fixed for 1973 ,             totally suspended.
 the calculations for the additional amount of the
 ceilings having already been made on the basis of
 1970 figures ; whereas the same situation will again              Ireland is authorized to apply customs duties equal
 prevail in 1975, so that such improvement can be                 to the duties it applies in respect of the same
 effected only be means of a flat- rate increase of 5%            products vis-a-vis Member States other than the
 in the ceilings fixed for 1974, corresponding to                  United Kingdom.
 157-5% of the ceilings for 1973 ;
 Whereas it is expedient, therefore, in respect of the
 products referred to in Annex A which originate in               2. This suspension shall be enjoyed solely by pro­
 the countries listed in Annex B, that the Community              ducts originating in the countries listed in Annex B.
 should allow, for each category of these products and            However, those imports which already enjoy exemp­
 throughout 1975 , duty-free imports within the limits            tion from customs duties under other preferential
 of the Community ceilings calculated in the manner               tariff arrangements granted by the Community shall
 set out above ; whereas the benefit of such tariff                not be charged against the ceilings specified in para­
 exemption should be reserved for products                        graph 3 . For the purposes of this Regulation, the
 originating in the countries under consideration, the            concept of originating products shall be determined
concept of 'originating products' being determined                in accordance with the procedure laid down in
 in accordance with the procedure laid down in                     Article 14 of Regulation (EEC) No 802/68 .
Article 14 of Council Regulation (EEC) No
 802/68 (1 ) of 27 June 1968 on the common
 definition of the concept of the origin of goods ;               With regard to carpets, carpeting and rugs,
whereas charges against each of these ceilings must,              mentioned in Annex A and falling under subheading
 as a general rule, come within a maximum Com­                    58.01 ex A, the certificates of origin for these
munity amount of 50% in respect of the products                   products shall state the number of knots per metre
 originating in any of the abovementioned countries ;             of warp.
Whereas, under these circumstances, these objectives
may be reached by applying a method of adminis­
tration based on the charging, at Community level,                3 . Subject to the provisions of Articles 2 and 4 (2)
against the abovementioned ceilings and maximum                   this suspension shall be granted within a Community
amounts, of imports of the products concerned as                  ceiling expressed in metric tons, which shall be equal
and when these products are entered for home use,                 to 157-5% of the amount obtained by adding
and are accompanied by a certificate of origin ;                  together, on the one hand, the imports of the
whereas this method of administration must make                   relevant textile products to the Community in 1968
provision for the re-introduction of customs duties as            from the countries listed in Annex B, excluding those
 soon as the said ceilings or maximum amounts are                 already enjoying various preferential tariff arran­
 reached at Community level ;                                     gements granted by the Community, and , on the
Whereas such method of administration calls for
                                                                  other hand, 5% of the tonnage of imports in 1970
                                                                  from other countries and from countries already
very      close  and   particularly    rapid    cooperation       enjoying such arrangements .
between Member States and the Commission, which
must, in particular, be able to observe the extent
to which charges are made against the ceilings and
maximum         amounts  and    inform    Member     States      4. Subject to Articles 2 and 4 (2), within each
thereof; whereas such cooperation should be                      ceiling thus calculated, charges of products orig­
particularly close in view of the need for the Com­              inating in any one of the countries listed in Annex B
mission to be able to take appropriate measures to               should not exceed a Community maximum amount
re-introduce customs duties either generally or                  equivalent to 50% of this ceiling, with the exception
individually, when any of the ceilings or maximum                of certain products in respect of which the maximum
amounts is reached,                                              amount has been reduced to the percentage shown
                                                                 in Annex A.
HAS ADOPTED THIS REGULATION :
                         Article 1
1 . From 1 January to 31 December 1975 the Com­                  5 . Any amendment to Annex B, in particular by the
mon Customs Tariff duties and the tariff duties of               addition of new countries enjoying tariff preferences
                                                                 may entail a corresponding adjustment to the Com­
                                                                 munity ceilings and the maximum amounts referred
H OJ No L 148 , 28 . 6 . 1968 , p. 1 .                           to in paragraphs 3 and 4.
 ---pagebreak--- No L 329 /26                          Official Journal of the European Communities                              9 . 12. 74
                          Article 2                              to above is presented before the date on which the
                                                                levying of duties is re-introduced.
1 . As soon as the ceilings calculated in accordance
with the first subparagraph of Article 1 (3 ), which             3 . The extent to which the ceilings and maximum
are laid down for Community imports of products                  amounts have been actually filled shall be determined
originating in all of the countries referred to in               at Community level on the basis of the imports
Article 1 (2), are reached at Community level , the              charged in accordance with paragraphs 1 and 2.
levying of customs duties on imports of the products
in question from all the countries concerned may
be re-introduced until the end of the period referred                                     Article 4
to in the first subparagraph of Article 1 ( 1 ).
                                                                 1 . The Commission, in close cooperation with the
2 . As soon as the maximum amounts calculated in                 Member States, shall take all necessary measures to
accordance with Article 1 (4), which are laid down               ensure that the above provisions are applied.
for Community imports of products originating in
each of the countries referred to in Article 1 (2), are         2. The Commission shall re-introduce the levying of
reached for any one of these countries at Community             customs duties in respect of all the countries referred
level, the levying of the customs duties on imports             to in Article 1 (2) or in respect of any one of them
of the products in question from the country con­               by means of a Regulation in the conditions laid
cerned may at any time be re-introduced until the end            down in Article 2(1 ) and (2).
of the period referred to in the first subparagraph of
Article 1 ( 1 ).
                                                                                           Article 5
                          Article 3
                                                                Member States shall inform the Commission at
                                                                 regular intervals of imports of the products in
1 . Imports of the products in question shall be                 question actually charged against the Community
actually charged against the Community ceilings and              ceiling and maximum amounts laid down in
maximum amounts as and when the products arc                     Article 1 (3 ) and (4).
entered for home use and provided that they are
accompanied by a certificate of origin pursuant to
the rules laid down in Article 1 (2).                                                      Article 6
2. Goods may be charged against a ceiling or maxi­               This    Regulation      shall    enter  into force     on
mum amount only if the certificate of origin referred            1 January 1975 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 2 December 1974.
                                                                                         For the Council
                                                                                          The President
                                                                                     J. SAUVAGNARGUES
 ---pagebreak--- 9 . 12. 74                               Official Journal of the European Communities                                                   No L 329/27
                                                                   ANNEX A
           List of products originating in developing countries to which the generalized tariff preferences
                                               for certain textile products will apply (a)
                              CCT
             Order
                            heading                                                 Description
               No
                               No
                        CHAPTER 50
                 1            50.04             Silk yarn, other than yarn of noil or other waste silk, not put up for
                                                retail sale
                 2            50.05             Yarn spun from silk waste other than noil, not put up for retail sale
                 3            50.06             Yarn spun from noil silk, not put up for retail sale
                 4            50.07             Silk yarn and yarn spun from noil or other waste silk, put up for retail
                                                sale
                 5            50.08             Silk-worm gut ; imitation catgut of silk
                 6             50.09            Woven fabrics of silk or of waste silk other than noil
                 7             50.10            Woven fabrics of noil silk
                        CHAPTER 51
                 8             51.02            Monofil , strip (artificial straw and the like) and imitation catgut, of
                                                 man-made fibre materials
                 9             51.03             Yarn of man-made fibres (continuous), put up for retail sale
               10       CHAPTER 52               METALLIZED TEXTILES
                        CHAPTER 53
                11             53.06            Yarn of carded sheep's or lambs ' wool (woolen yarn), not put up
                                                 for retail sale
                12             53.07            Yarn of combed sheep's or lambs' wool (worsted yarn, not put up
                                                for retail sale
                13             53.08             Yarn of fine animal hair (carded or combed), not put up for retail
                                                 sale
            (a) Products qualifying, under the ordinary arrangements for exemption or total temporary suspension of the Common
                Customs Tariff duty are only token entries as regards the Member States of the Community as originally constituted,
                whereas the exemption or suspension is directly and fully applicable by the new Member States under the present
                arrangements , except for Ireland , which is authorized to apply customs duties equal to the duties it applies in respect
                of the same products vis-a-vis Member States other than the United Kingdom .
 ---pagebreak--- No L 329/28                               Official Journal of the European Communities                                            9 . 12. 74
                              CCT
              Order
                             heading                                           Description
               No              No
                14             53.09            Yarn of horsehair or of other coarse animal hair, not put up for retail
                                                sale
                15             53.10            Yarn of sheep's or lambs' wool of horsehair or of other animal
                                                hair (fine or coarse), put up for retail sale
                16             53.11            Woven fabrics of sheep's or lambs' wool or of fine animal hair
                17             53.12            Woven fabrics of coarse animal hair other than horsehair
                18             53.13            Woven fabrics of horsehair
                        CHAPTER 54
                19             54.03            Flax or ramie yarn, not put up for retail sale
                20             54.04            Flax or ramie yarn, put up for retail sale
                        CHAPTER 56
                21             56.01            Man-made fibres (discontinuous), not carded, combed or otherwise
                                                prepared for spinning (x)
                22             56.02            Continuous filament tow for the manufacture of man-made fibres
                                                (discontinuous ) (*)
                23             56.03            Waste (including yarn waste and pulled or garnetted rags) of man­
                                                made fibres (continuous or discontinuous ), not carded , combed or
                                                otherwise prepared for spinning (*)
                24             56.04            Man-made fibres (discontinuous or waste), carded, combed or other­
                                                wise prepared for spinning
                25             56.06            Yarn of man-made fibres (discontinuous or waste), put up for retail
                                                sale
                         CHAPTER 57
                26             57.05
                                                Yarn of true hemp
                27             57.07
                                                Yarn of other vegetable textile fibres :
                                                B. Other
                28             57.08            Paper yarn
                29             57.09            Woven fabrics of true hemp
                30         ex 57.11             Woven fabrics of other vegetable textile fibres , excluding those of coir
                31             57.12            Woven fabrics of paper yarn
            (*) For products falling within this heading, the maximum Community amount referred to in Article 1 (4) of this Regu­
                lation is reduced to 30 % .
 ---pagebreak--- 9 . 12 . 74                 Official Journal of the European Communities                                 No L 329/29
                     CCT
            Order   heading                                     Description
             No       No
                  CHAPTER 58
                      58.01     Carpets, carpeting and rugs, knotted (made up or not) :
             32                 ex A. Of more than 500 knots :
             33                      B. Of silk , or waste silk other than noil , of synthetic textile
                                        fibres, of yarn falling within heading No 52.01 or of metal
                                        threads
             34                 ex C. Of other textile materials other than jute or other textile bast
                                        fibres of heading No 57.03 or coir
                      58.02     Other carpets , carpeting, rugs, mats and matting, and ' Kelem',
                                'Schumacks' and 'Karamanie' rugs and the like (made up or not) :
             35
                                ex A. Carpets other than of jute or other textile bast fibres of heading
                                        No 57.03 or coir
             36
                                     B. ' Kelem', 'Schumacks' and 'Karamanie' rugs and the like
             37       58.03     Tapestries, hand-made, of the type Gobelins , Flanders, Aubusson,
                                Beauvais and the like, and needle-worked tapestries (for example,
                                petit point and cross stitch), made in panels and the like by hand
             38       58.05     Narrow woven fabrics , and narrow fabrics (bolduc ) consisting of
                                warp without weft assembled by means of an adhesive, other than
                                goods falling within heading No 58.06
             39       58.06     Woven labels, badges and the like, not embroidered, in the piece, in
                                strips or cut to shape or size
             40       58.07      Chenille yarn (including flock chenille yarn), gimped yarn (other than
                                metallized yarn of heading No 52.01 and gimped horsehair yarn);
                                 braids and ornamental trimmings in the piece ; tassels pompons and
                                the like
             41       58.08     Tulle and other net fabrics (but not including woven, knitted or cro­
                                 cheted fabrics) plain
             42       58.09      Tulle and other net fabrics (but not including woven, knitted or
                                 crocheted fabrics), figured ; hand or mechanically made lace, in the
                                 piece, in strips or in motifs
                  CHAPTER 59
             43       59.01      Wadding and articles of wadding ; textile flock and dust and mill neps
             44       59.02      Felt and articles of felt, whether or not impregnated or coated
             45       59.03      Bonded fibre fabrics, similar bonded yarn fabrics , and articles of such
                                 fabrics , whether or not impregnated or coated
             46       59.05      Nets and netting made of twine, cordage or rope and made up
                                 fishing nets of yarn, twine, cordage or rope
             47       59.06      Other articles made from yarn, twine, cordage, rope or cables other
                                 than textile fabrics and articles made from such fabrics
 ---pagebreak--- No L 329 /30                  Official Journal of the European Communities                                    9 . 12. 74
                       CCT
             Order    heading                                      Description
              No        No
              48        59.07     Textile fabrics coated with gum or amylaceous substances of a kind
                                  used for the outer covers of books and the like ; tracing cloth ; prepared
                                  painting canvas ; buckram and similar fabrics for hat foundations
                                  and similar uses
              49        59.08     Textile fabrics impregnated, coated, covered or laminated with pre­
                                  parations of cellulose derivatives or of other artificial plastic materials
              50        59.09     Textile fabrics coated or impregnated with oil or preparations with
                                  a basis of drying oil
              51        59.10     Linoleum and materials prepared on a textile base in a similar manner
                                  to linoleum , whether or not cut to shape or of kind used as floor
                                  coverings ; floor coverings consisting of a coating applied on a textile
                                  base, cut to shape or not
              52        59.11     Rubberized textile fabrics , other than rubberized knitted or crocheted
                                  goods
              53        59.12     Textile fabrics otherwise impregnated or coated ; painting canvas
                                  being theatrical scenery, studio back-cloths or the like
              54        59.13     Elastic fabrics and trimmings (other than knitted or crocheted goods)
                                  consisting of textile materials combined with rubber threads
              55        59.14     Wicks, of woven, plaited or knitted textile materials, for lamps,
                                  stoves, lighters, candles and the like, tubular knitted gas-mantle fabric
                                  and incandescent gas mantles
              56        59.15     Textile hosepiping and similar tubing, with or without lining, armour
                                  or accessories of other materials
              57        59.16     Transmission, conveyor or elevator belts or belting, of textile material,
                                  whether or not strengthened with metal or other material
              58        59.17      Textile fabrics and textile articles, of a kind commonly used in machi­
                                  nery or plant
                   CHAPTER 60
              59        60.01      Knitted or crocheted fabrics , not elastic or rubberized :
                                   A. Of wool or of fine animal hair
              60    ex 60.02       Gloves , mittens and mitts, knitted or crocheted , not elastic or rub­
                                  berized, other than of cotton
              61        60.05      Outer garments and other articles, knitted or crocheted, not elastic
                                  or rubberized :
                                  A. Outer garments and clothing accessories :
                                      1 . Jerseys and pullovers, containing at least 50% by weight of
                                          wool and weighing 600 g or more per article
 ---pagebreak--- 9 . 12. 74                   Official Journal of the European Communities                                        No L 329/31
                      CCT
           Order     heading                                       Description
            No         No
            62         60.06     Knitted or crocheted fabric and articles thereof, elastic or rubberized
                                 (including elastic knee-caps and elastic stockings) :
                                 B. Other
                 CHAPTER 61
            63     ex 61.04      Women's girls' and infants' under garments, other than of cotton
            64        61.06      Shawls , scarves , mufflers , mantillas , veils and the like
            65        61.07      Ties , bow ties and cravats
            66        61.08      Collars , tuckers , fallals , bodice-fronts , jabots , cuffs , flounces , yokes
                                 and similar accessories and trimmings of women's and girls' garments
            67        61.09      Corsets , corset-belts , suspender-belts , brassieres , braces , suspenders ,
                                 garters and the like (including such articles of knitted or crocheted
                                 fabric), whether or not elastic
            68        61.10      Gloves, mittens, mitts, stockings, socks and sockettes, not being knit­
                                 ted or crocheted goods
            69        61.11      Made up accessories for articles of apparel (for example, dress
                                 shields, shoulder and other pads, belts, muffs, sleeve protectors ,
                                 pockets)
                 CHAPTER 62
            70        62.01
                                 Travelling rugs and blankets :
                                 A. Electrically heated
                                 B. Other :
                                     II. Of other textile materials
           71         62.03      Sacks and bags , of a kind used for the packing of goods :
                                 B. Of other textile materials :
                                      I. Used :
                                             a) Flax or of sisal
                                         ex b) Other (excluding coir or cotton fibres)
           72     ex 62.05       Other made up textile articles (including dress patterns), other than
                                of jute, other than textile bast fibres of heading No 57.03 or coir
                 CHAPTER 63
           73     ex 63.01      Clothing, clothing accessories, travelling rugs and blankets, household
                                linen and furnishing articles (other than articles falling within heading
                                No 58.01 , 58.02 or 58.03 ), of textile materials, footwear and headgear
                                of any material , showing signs of appreciable wear and imported
                                in bulk or in bales , sacks or similar bulk packings other than of jute
                                other than textile bast fibres of heading No 57.03 or coir
 ---pagebreak--- No L 329/32                        Official Journal of the European Communities                               9.12. 74
                                                       ANNEX B
                  List of developing countries and territories enjoying generalized tariff preferences
Afghanistan                              India                                     Saudi Arabia
Algeria                                  Indonesia                                 Senegal
Argentina                                Iran                                      Sierra Leone
Bahamas                                  Iraq                                      Singapore
Bahrain                                  Ivory Coast                               Somalia
Bangladesh                               Jamaica                                   Sri Lanka
Barbados                                 Jordan                                    Sudan
Bhutan                                   Kenya                                     Swaziland
Bolivia                                  Khmer Republic                            Syria
Botswana                                 Korea (South)                             Tanzania
Brazil                                   Kuwait                                    Thailand
Burma                                    Laos                                      Togo
Burundi                                  Lebanon                                   Tonga
Cameroon                                 Lesotho                                   Trinidad and Tobago
Central African Republic                 Liberia                                   Tunisia
Chad                                     Libya                                     Uganda
Chile                                    Malagasy Republic                         United Arab Emirates :
Colombia                                 Malawi                                         Abu Dhabi
Congo, People's Republic of              Malaysia                                       Dubai
Costa Rica                               Maldive Islands                                Ras al Khaimah
Cuba                                     Mali
                                                                                        Fujairah
Cyprus                                   Mauritania
                                                                                        Ajman
Dahomey                                  Mauritius
                                                                                        Sharjah
Dominican Republic                       Mexico
                                                                                        Ummal Qaiwain
Ecuador                                  Morocco
                                                                                   Upper Volta
Egypt, Arab Republic of                  Nauru
                                                                                   Uruguay
El Salvador                              Nepal                                     Venezuela
Equatorial Guinea                        Nicaragua                                 Vietnam, Republic of
Ethiopia                                 Niger                                     Western Samoa
Fiji                                     Nigeria                                   Yemen, People's Democratic
Gabon                                    Oman                                      Republic of
Gambia                                   Pakistan
                                                                                   Yemen Arab Republic
Ghana                                    Panama
                                                                                   Yugoslavia
Guatemala                                Paraguay                                  Zaïre
Guinea                                   Peru                                      Zambia
Guyana                                   Philippines
Haiti                                    Qatar
Honduras                                 Rwanda