CELEX: 31973R3502
Language: en
Date: 1973-12-18 00:00:00
Title: Regulation (EEC) No 3502/73 of the Council of 18 December 1973 opening, allocating and providing for the administration of Community tariff quotas for certain textile products originating in developing countries

No L 358/60                        Official Journal of the European Communities                             28 . 12 . 73
                              REGULATION (EEC) No 3502/73 OF THE COUNCIL
                                                 of 18 December 1973
              opening, allocating and providing for the administration of Community tariff quotas
                           for certain textile products originating in developing countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                      calculated according to the formula set out in the
                                                               preceding recital, will be granted to the countries
                                                               enjoying generalized preferences which are sig­
                                                               natories to the long-term arrangement or possibly to
Having regard to the Treaty establishing the Euro­             those countries which undertake vis-a-vis the Com­
pean Economic Community;                                       munity commitments similar to those existing under
                                                               that arrangement and for the duration of the said
Haivng regard to the proposal from the Commission ;            arrangement; whereas the arrangement expired on
                                                               30 September 1973 and was extended to 31 Decem­
                                                               ber 1973 ; whereas it may, however, be anticipated
Having regard to the Opinion of the European Par­              that, on a transitional basis, the countries concerned
liament;                                                       thereby will adopt measures with equivalent aims at
                                                               least for 1974; whereas it is apparent that only im­
                                                               ports from these countries are to form the basis for
Whereas, within the context of UNCTAD, the Euro­               calculating the abdvementioned ceilings ; whereas,
pean Economic Community offered to grant tariff                with particular regard to the link which Article 6 of
preferences on finished and semi-finished products             the said long-term arrangement establishes between
coming from developing countries ; whereas the pre­            cotton products and substitute products, it appears
ferential treatment proposed in that offer covers,             justified in these circumstances and by virtue of the
generally speaking, all finished and semi-finished             fact that a total suspension of customs duties is in­
industrial products covered by Chapters 25 to 99 of the        volved to include in the same scheme as that des­
Brussels Nomenclature which originate in develo­               cribed above those substitute textile products given in
ping countries ; whereas the preference consists in            the conditional list of partial and limited reductions
the granting of exemption from customs duties ;                of customs duties deposited with GATT by the Com­
whereas preferential imports are effected up to the            munity during the last series of tariff negotiations ;
level of ceilings calculated by value in respect of            whereas, moreover, in view of the special nature
each product on the basis of factors which are uni­            which trade in the products concerned may have, it
form for all the products ; whereas, in order that the         appears expedient, wherever this is justified by the
preferences granted to the most competitive develo­            particular sensitivity of the product, to determine in
ping country or countries should be restricted and             terms of tonnages the ceilings for the preferential
that a substantial share should be reserved for the            imports of such products, taking due account of
least competitive, preferential imports from any one           deliveries effected during 1968 by the beneficiary
developing country in respect of a given product               countries alone ; whereas, moreover, particularly in
should not, as a general rule, exceed 50% of the               view of the high level of deliveries of the textiles in
ceiling fixed for that product;                                question to the Community by the third countries
                                                               concerned, it appears appropriate, except in parti­
                                                               cular instances, to restrict preferential imports from
Whereas, in the offer made by the Community, the               any single beneficiary country to 30% of the ceiling
annual ceilings should normally be calculated on the           laid down for each category of textile products con­
basis of total value for 1968 of cif imports from the          cerned ;
countries benefiting from this scheme, excluding
those already enjoying various preferential tariff
arrangements granted by the Community (basic
amount) plus 5% of the value of cif imports from               Whereas the offer made by the Community includes
the other countries and from the countries already             a clause stating that the Community drew up the
enjoying such arrangements ( additional amount);               offer on the assumption that all the main industrial­
                                                                ized countries which are members of the OECD would
                                                               participate in granting preferences and would make
 Whereas, however, in respect of cotton textile pro­           similar efforts in this direction; whereas, moreover,
 ducts covered by the long-term arrangement regar­             it is evident from the conclusions worked out in
 ding international trade in cotton textiles, the offer        UNCTAD that this offer, while being of a temporary
made by the Community lays down that the prefer­               nature, does not constitute a binding commitment
ences in the form of duty-free ceilings normally                and, in particular, may be withdrawn wholly or in
 ---pagebreak--- 28 . 12 . 73                           Official Journal of the European Communities                          No L 358/61
part at a later date ; whereas this possibility may be            (EEC) No 802/68 (2) of 27 June 1968 on the common
adopted inter alia with a view to remedying any un- {             definition of the concept of the origin of goods ;
favourable situations which might arise in the asso­
ciated countries following the implementation of the
generalized preference scheme ;                                   Whereas it is necessary to ensure equal and con­
                                                                  tinuous access for all Community importers to the
                                                                  abovementioned quotas and the uninterrupted appli­
                                                                  cation of the rate laid down for those quotas to all
"Whereas, moreover, the Conference of Heads of                    imports of the products concerned into all Member
State or of Government of the Member States and the
                                                                  States until those quotas are used up ; whereas, having
States acceding to the European Communities held                  regard to the principles defined above, the Commu­
 in Paris from 19 to 21 October 1972 invited the
                                                                  nity nature of the quotas can be respected by allo­
Community institutions and the Member States pro­                 cating the Community tariff quota among Member
gressively to adopt an overall policy of development              States ; whereas, moreover, to this end and in the
cooperation on a world-wide scale comprising in                   context of the utilization system, the actual charges
particular the improvement of generalized preferences             against the quotas may relate only to goods which
with the aim of achieving a steady increase in imports            are entered for home use and which are accompanied
 of manufactures from the developing countries ;                  by a certificate of origin ;
Whereas tariff preferences have been applied from                 Whereas the application of the generally accepted
 the second half of 1971 under the conditions set out             principles in respect of the allocation of the Com­
 above and whereas these preferences should continue              munity tariff quotas which have been opened until
 to be applied throughout 1974 ;                                  now entails, under these circumstances and in view
                                                                  of the variety of the products concerned and in view
                                                                  of the fact that the benefiting countries are specified,
                                                                  calculations which are all the more problematic in
Whereas, in accordance with Protocol No 23 to the                 that the statistical data required sometimes prove to
Act of Accession (x), the generalized tariff preferences          be incomplete or not sufficiently accurate or repre­
scheme will be fully applicable in the new Member                  sentative ; whereas the time required for these cal­
 States from 1 January 1974;                                      culations cannot be reconciled with the continuity
                                                                  necessary for the application of the tariff preferences
                                                                   concerned ; whereas, under these conditions, it would
Whereas in respect of textile products, the complexity             be advisable still at this stage to adopt a fixed scale
 of the measures to be implemented, combined with                  for allocating the Community tariff quotas concerned
the abovementioned aim of improving the general­                   among the Member States ; whereas, using as a basis
 ized preferences, can be overcome only by means of               general economic criteria relating to external trade,
 a flat-rate increase of some 50% in the ceilings fixed           in textiles, the gross national product and popula­
 for 1973 ;                                                        tion, the percentages for the initial shares of the
                                                                   Member States in the quota amounts are as follows
                                                                   for the quota amounts are as follows for the quota
 Whereas it is expedient, therefore, in respect of the             year under consideration :
 products referred to in Annex A which originate in
  the countries listed in Annex B, that the Community                      Germany .                          27%
  should open, for 1974, duty-free Community tariff                        Benelux                            10%
 quotas within the limits of the amounts in metric
 tons given in respect of each of these products ;                         France                             19%
                                                                           Italy                              14%
 Whereas charges against each of these tariff quotas                       Denmark                             7%
 must, in respect of the products originating in any                       Ireland                              1%
 of the abovementioned countries, come within a
  specified percentage of the amount of the quota ;                        United Kingdom                     22%
 whereas the benefit of such tariff quotas should be
  reserved for products originating in the countries
  under consideration, the concept of 'originating pro­            Whereas, without affecting the Community nature
  ducts' being determined in accordance with the pro­              of the tariff quotas under consideration, it appears
  cedure laid down in Article 14 of Council Regulation             possible to provide at this stage for a utilization
  0) OJ No L 73 , 27. 3 . 1972, p. 14.                              (2) OJ No L 148 , 28 . 6. 1968 , p. 1 .
 ---pagebreak--- No L 358 /62                        Official Journal of the European Communities                             28 . 12. 73
scheme based on a single allocation among the Mem­             3 . The amount to be charged in respect of each
ber States ; whereas, moreover, the allocation set out         country referred to in paragraph 2 against each of
by this Regulation in no way prejudices the possibi­           the tariff quota amounts mentioned above shall be
lity of adopting, following a limited experimental             limited to the maximum amount given as a percen­
period, the general method of allocation of Com­               tage and in metric tons in column 4 of Annex
munity quotas comprising the setting up of a reserve           A against each category of products.
 share ; whereas at the present juncture it appears fea­
sible that such allocation could as a rule be made
according to the percentages set out in the table              4. Any amen dement to Annex B, in particular by
 above; whereas, however, one of the new Member                the addition of new countries enjoying tariff pre­
 States, the Kingdom of Denmark, has for a number              ferences, may entail a corresponding adjustment to
 of years been importing relatively large quantities of        the volumes of the quotas and to the maximum
 certain cotton yarns and woven fabrics falling within         amounts appearing in columns 3 and 4 of Annex A.
heading Nos ex 55.05 and ex 55.09 of the Common
 Customs Tariff from a number of developing countries
 and has therefore ceased to produce the articles                                       Article 2
in question; whereas this special situation should
temporarily be taken into account and this Member              1 . The Community tariff quotas referred to in Ar­
State should be granted an increased share without re­         ticle 1 shall be allocated in shares which shall be,
stricting the access thereto of countries benefiting           for each Member State, the amounts corresponding
from generalized preferences ;                                 to quantities shown in column 5 of Annex A against
                                                               each category of products.
Whereas since the Kingdom of Belgium, the King­
dom of the Netherlands and the Grand Duchy of                  2. The shares allocated to Denmark for certain pro­
 Luxembourg are united in and represented by the               ducts falling within heading Nos ex 55.05 and ex
Benelux Economic Union, all transactions concern­              55.09 shall be increased by an amount determined
ing the administration of the shares allocated to              in a footnote to Annex A.
the Benelux Economic Union may be carried out
by any one of its Members,                                     Article 1 (3 ) shall not apply to such an increase.
HAS ADOPTED THIS REGULATION :                                                           Article 3
                        Article 1                              1 . The Member States shall ensure free access to
                                                               the shares which have been allocated to them for
                                                               importers of the said goods established in their
1 . From 1 January to 31 December 1974 the                     territory.
Common Customs Tariff duties and the tariff duties
of the new Member States on the products listed
in Annex A shall be completely suspended within                2. The extent to which a Member State used up
the framework of Community tariff quotas of vol­               its share shall be determined on the basis of the
umes which shall be expressed in metric tons and               imports of the said goods which have been entered
which shall be indicated against each product in               for home use, and which are accompanied by a cer­
column 3 of that Annex.                                        tificate of origin in accordance with the rules referred
                                                               to in Article 1 (2).
Ireland is authorized to apply customs duties equal
to the duties it applied in respect of the same pro­           3 . Goods shall qualify for a tariff quota only if
ducts vis-a-vis Member States other than the United
                                                               the certificate of origin referred to in paragraph 2
Kingdom .                                                      is submitted before the date on which the levying of
                                                               duties is reintroduced .
2 . These tariff quotas shall be enjoyed solely by
products originating in the countries listed in Annex
                                                                                        Article 4
B. However, those imports which already enjoy
exemption from customs duties under other prefer­
ential tariff arrangements granted by the Community            The Commission shall take all necessary measures
may not be charged against these tariff quotas . For           to ensure that the maximum amount referred to in
the purposes of this Regulation, the concept of ori­           Article 1 (3 ) is observed . When the charges, at Com­
ginating products shall be determined in accordance            munity level, of products originating in each of the
with the procedure laid down in Article 14 of Regu­            countries listed in Annex B, against any one of the
lation (EEC) No 802/68 .                                       Community tariff quotas reach the maximum amount
 ---pagebreak--- 28 . 12 . 73                      Official Journal of the European Communities                         No L 358/63
laid down in column 4 of Annex A, the Commission                                     Article 6
shall immediately notify the Member States of the
date on which, as a result of this factor, the normal
tariff is to be reintroduced in respect of the country       Member States and the Commission shall cooperate
in question. This notification shall be published in         closely to ensure that the above Articles are observed.
the Official Journal of the European Communities.
                        Article 5                                                    Article 7
Member States shall inform the Commission at regu­
lar intervals of imports of the products in question         This   Regulation    shall   enter into force on      1
actually charged against their share.                        January 1974.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 18 December 1973 .
                                                                                 For the Council
                                                                                   The President
                                                                                J. CHRISTENSEN
 ---pagebreak--- No L 358/64                                       Official Journal of the European Communities                                    28 . 12 . 73
                                                                         ANNEX A
                    List of products subject to zero-duty Community tariff quotas under the generalized tariff
                                                      preferences granted to developing countries
                                                                                          Maximum amount
              CCT                                                                Quota       per country
                                                                                amount in         4             Volume of shares allocated to
   Order    heading                             Description                      metric                        Member States in metric tons
    No         No
                                                                                  tons
                                                                                                      metric
                                                                                           %
                                                                                                       tons
               (1 )                                  (2)                            3                                       (5 )
             55.05        Cotton yarn, not put up for retail sale :
                          B. Other :
                               II. Not specified :
                                   Single, measuring per kg :
     1                             — 14 000 m or less                            1 132    30             340 Germany                   305-64
                                                                                                             Benelux                    113-20
                                                                                                             France                    215-08
                                                                                                             Italy                      158-48
                                                                                                             Denmark                     79-24
                                                                                                             Ireland                     11-32
                                                                                                             United Kingdom            249-04
     2                                  More than 14 000 m and up
                                        to 40 000 m                              4 274    30          1 282  Germany                 1 153-98
                                                                                                             Benelux                   427-40
                                                                                                             France                     812-06
                                                                                                             Italy                     598-36
                                                                                                             Denmark (*)               299-18
                                                                                                             Ireland                     42-74
                                                                                                             United Kingdom            940-28
     3                                  More than 14 000 m and up
                                        to 80 000 m                              1 470    30            441  Germany                   396-90
                                                                                                             Benelux                    147-00
                                                                                                             France                    279-30
                                                                                                             Italy                     205-80
                                                                                                             Denmark (2)                102-90
                                                                                                             Ireland                     14-70
                                                                                                             United Kingdom            323-40
     4                                  More than 80 000 m and up to
                                        120 000 m                                  210    30            63
                                                                                                             Germany                     56-70
                                                                                                             Benelux                     21-00
                                                                                                             France                      39-90
                                                                                                             Italy                       29-40
                                                                                                             Denmark                     14-70
                                                                                                             Ireland                      2-10
                                                                                                             United Kingdom              46-20
(*) Pursuant to Article 2 (2), this share is increased by 1 100-82 metric tons.
(2) Pursuant to Article 2 (2), this share is increased by 597-01 metric tons.
 ---pagebreak--- 28 . 12. 73                                      Official Journal of the European Communities                                 No L 358 65
                                                                                          Maximum amount
             OCT                                                                 Quota      per country
                                                                                amount in        (4)            Volume of shares allocated to
  Order     heading                            Description                       metric                         Member States in metric tons
   No         No
                                                                                  tons
                                                                                                     metric
                                                                                          %
                                                                                                      tons
               1                                     2                              3)                                      <5
               55.09     Other woven fabrics of cotton :
                         A. Containing 85% or more by weight
                              of cotton :
                         g ex I . Of a width of less than 85 cm :
     5                                 — Unbleached                                 766   30            230  Germany                   206-82
                                                                                                            Benelux                      76-60
                                                                                                            France                      145-54
                                                                                                            Italy                       107-24
                                                                                                             Denmark                     53-62
                                                                                                             Ireland                      7-66
                                                                                                             United Kingdom             168-52
                              II . Other :
                                   — Unbleached, of a width of :
     6                                 — 85 cm to 115 cm                         3 826    30         1 148   Germany                 1 033-02
                                                                                                             Benelux                   382-60
                                                                                                             France                    726-94
                                                                                                             Italy                     535-64
                                                                                                             Denmark                   267-82
                                                                                                             Ireland                     38-26
                                                                                                             United Kingdom             841-72
     7                                      More than 115 cm and up
                                            to 165 cm                            2 326    30            698  Germany                    628-02
                                                                                                             Benelux                   232-60
                                                                                                             France                    441-94
                                                                                                             Italy                     325-64
                                                                                                             Denmark (x)                162-82
                                                                                                             Ireland                     23-26
                                                                                                             United Kingdom            511-72
     8                                      More than 165 cm                        750   30            225  Germany                   202-50
                                                                                                             Benelux                     75-00
                                                                                                             France                     142-50
                                                                                                             Italy                      105Ό0
                                                                                                             Denmark                     52-50
                                                                                                             Ireland                      7-50
                                                                                                             United Kingdom             165-00
     9                                  — Not specified                             316   30             95  Germany                     85-32
                                                                                                             Benelux                     31-60
                                                                                                             France                      60-04
                                                                                                             Italy                       44-24
                                                                                                             Denmark (2)                 22-12
                                                                                                             Ireland                      3-16
                                                                                                            /United Kingdom              69-52
(*) Pursuant to Article 2 (2), this share is increased by   787*18 metric tons.
(*) Pursuant to Article 2 (2), this share is increased by 1 177*88 metric tons.
 ---pagebreak--- No L 358/66                          Official Journal of the European Communities                                 28 . 12 . 73
                                                                         Maximum amount
         CCT                                                    Quota       per country
                                                              amount in          (4)           Volume of shares allocated to
 Order  heading                     Description                 metric                         Member States in metric tons
  No      No
                                                                 tons
                                                                                     metric
                                                                          %
                                                                                      tons
           1                            2)                         3                                        5
       ex 60.03  Stockings, under stockings, socks ankle­
                 socks, sockettes and the like, knitte or
                 crocheted, not elastic or rubberized :
  10             — Of cotton                                       166 ' 30              50 Germany                     44-82
                                                                                            Benelux                     16-60
                                                                                            France                      31-54
                                                                                            Italy                       23-24
                                                                                            Denmark                      11-62
                                                                                            Ireland                       1-66
                                                                                            United Kingdom              36-52
           61.01 Men's and boys' outer garments :
  11             — In woven fabrics of cotton                      200   30              60 Germany                     54-00
                                                                                            Benelux                     20-00
                                                                                            France                      38-00
                                                                                            Italy                       28-00
                                                                                            Denmark                      14-00
                                                                                            Ireland                       2-00
                                                                                            United Kingdom              44-00
  12                 Others                                        200   30              60 Germany                     54-00
                                                                                            Benelux                     20-00
                                                                                            France                       38-00
                                                                                            Italy                       28-00
                                                                                            Denmark                      14-00
                                                                                            Ireland                       2-00
                                                                                            United Kingdom               44-00
           61.02 Women's, girls' and infants' outer gar­
                 ments :
  13             — In woven fabrics of cotton                      200   30              60 Germany                      54-00
                                                                                            Benelux                      20-00
                                                                                            France                       38-00
                                                                                            Italy                        28-00
                                                                                            Denmark                      14-00
                                                                                            Ireland                       2-00
                                                                                            United Kindom                44-00
  14             — Others                                          200   30              60 Germany                      54-00
                                                                                            Benelux                      20-00
                                                                                            France                       38-00
                                                                                            Italy                        28-00
                                                                                            Denmark                      14-00
                                                                                            Ireland                       2-00
                                                                                            United Kingdom               44-00
           61.03 Men's and boys' under garments, including
                 collars , shirt fronts and cuffs :
  15             — In woven fabrics other than cotton              200   30              60 Germany                      54-00
                                                                                            Benelux                      20-00
                                                                                            France                       38-00
                                                                                            Italy                        28-00
                                                                                            Denmark                      14-00
                                                                                            Ireland                        2-00
                                                                                            United Kingdom               44-00
 ---pagebreak--- 28 . 12. 73                            Official Journal of the European Communities                            No L 358/67
                                                                           Maximum amount
            CCT                                                   Quota       per country
                                                                 amount in         (4)           Volume of shares allocated to
 Order     heading                    Description                 metric                        Member States in metric tons
  No         No
                                                                   tons
                                                                                       metric
                                                                            %
                                                                                        tons
             (D                           (2)                       (3 )                                     (5)
              62.02 Bed linen, table linen, toilet linen and
                    kitchen linen, curtains and other furnishing
                    articles :
  16                — In woven fabrics of cotton                     166   30              50 Germany                     44-82
                                                                                              Benelux                     16-60
                                                                                              France                      31-54
                                                                                              Italy             ·         23-24
                                                                                              Denmark                     11-62
                                                                                              Ireland                       1-66
                                                                                              United Kingdom              36-52
  17                — Other                                            88  30              26 Germany                     23-76
                                                                                              Benelux                      8-80
                                                                                              France                      16-72
                                                                                              Italy                       12-32
                                                                                              Denmark                      6-16
                                                                                              Ireland                      0-88
                                                                                              United Kingdom              19-36
 ---pagebreak--- No L 358/68                       Official Journal of the European Communities                               28 . 12. 73
                                                      ANNEX B
            List of developing countries benefiting under generalized tariff preferences for certain textile
                                                      products
                                                Afghanistan
                                                Argentina
                                                Bangladesh
                                                Colombia
                                                Egypt, Arab Republic of
                                                El Salvador
                                                India
                                                Indonesia
                                               Jamaica
                                                Korea (South)
                                                Malaysia
                                                Mexico
                                               Pakistan
                                                Philippines
                                                Thailand