CELEX: 31972R2763
Language: en
Date: 1972-12-19 00:00:00
Title: Regulation (EEC) No 2763/72 of the Council of 19 December 1972 opening, allocating and providing for the administration of Community tariff quotas for certain textile products originating in developing countries

Official Journal of the European Communities                                       65
   30 . 12 . 72                         Official Journal of the European Communities                             No L 296/63
                                  REGULATION (EEC) No 2763/72 OF THE COUNCIL
                                                     of 19 December 1972
                  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 ,                          which undertake vis-a-vis the Community com­
                                                                     mitments similar to those existing under that Arrange­
  Having regard to the Treaty establishing the Euro­                 ment and for the duration of the said Arrangement
  pean Economic Community ;                                          (which expires on 30 September 1973) ; whereas it is
                                                                     apparent that only imports from these countries are
  Having regard to the proposal from the Commission ;               to form the basis for calculating the abovementioned
                                                                    ceilings ; whereas, with particular regard to the re­
  Whereas, within the context of UNCTAD, the Euro­
                                                                    lation which Article 6 of the said Long-term Arrange­
                                                                    ment establishes between cotton products and sub­
 pean Economic Community offered to grant tariff                    stitute products, it appears justifed in these circum­
 preferences on finished and semi-finished products                 stances and by virtue of the fact that a total suspension
  coming from developing countries ; whereas the prefer­            of customs duties is involved to include in the same
 ential treatment proposed in that offer covers, gener­              scheme as that described above those substitute textile
  ally speaking, all finished and semi-finished industrial          products given in the conditional list of partial and
 products by Chapter 25 to 99 of the Brussels Nomen­                limited reductions of customs duties deposited with
 clature originating in developing countries ; whereas              GATT by the Community during the last series of
 the preference consists in the granting of exemption               tariff negotiations ;
 from customs duties ; whereas preferential imports are
 effected up to the le\ el of ceilings calculated by value
 in respect of each product on the basis of factors which           Whereas, moreover, in view of the special nature which
 are uniform for all the products ; whereas in order that           trade in the products concerned may have, it appears
 the preferences grant2d to the most competitive devel­             expedient wherever this is justified by the particular
 oping country or countries should be restricted and                sensitivity of the product to determine in terms of
 that a substantial quota share should be reserved                  tonnages the ceilings for the preferential imports of
 for the least competitive, preferential imports from               such product, taking due account of deliveries carried
 any one developing country in respect of a given prod­             out during 1968 by the benefiting countries alone ;
 uct should not, as £ general rule, exceed 50% of the               whereas, moreover, particularly in view of the high
 ceiling fixed for that product ;                                   level of deliveries of the textiles in question to the
                                                                    Community by the third countries concerned, it
 Whereas, in the offer made by the Community, the
                                                                   appears appropriate, except in particular instances, to
 annual ceilings should ordinarily be calculated on the
                                                                   restrict preferential imports from any single benefit­
                                                                   ing country to 30% of the ceiling laid down for each
 basis of the total value for 1968 of c.i.f. imports from
                                                                   category of textile products concerned ;
the countries benefiting from this scheme, excluding
those       already enjoying various preferential tariff           Whereas the offer made by the Community includes
arrangements granted by the Community, increased                   a clause stipulating that the Community drew up the
by 5% of the value of c.i.f. imports from the other                offer on the assumption that all the main industrialized
countries and from the countries already enjoying                  countries which are members of the OECD would
such arrangements ;                                                participate in granting preferences and would make
                                                                   similar efforts in this direction ; whereas, moreover, it
Whereas, however, in respect of coLton textile prod­               is evident from the conclusions          worked    out in
ucts covered by the Long-term Arrangement regard­                  UNCTAD that this offer, while being of a temporary
ing International Trade in Cotton Textiles, the offer              nature, does not constitute a binding commitment and,
made by the Community lays down that the prefer­                   in particular, may be withdrawn wholly or in part at
ences, in the form of duty-free ceilings ordinarily cal­           a later date ; whereas this possibility may be adopted
culated according to the formula set out in the preced­            inter alia with a view to remedying any unfavourable
ing recital, will be granted to the countries enjoying             situations which might arise in the associated countries
generalized preferences which are signatories to the              following [ the implementation of the generalized
Long-term Arrangement or possibly to those countries              preference scheme ;
 ---pagebreak--- 66                                     Official Journal of the European Communities
Whereas tariff preferences have been applied as from            under these conditions, it would be advisable still at
the second half of 1971 under the conditions set out            this stage to adopt a fixed scale for allocating the Com­
above and whereas these preferences should continue             munity tariff quotas concerned among the Member
to be applied, pro rata temporis, until 30 September            States ; whereas, using] as a basis general economic
1973 ;                                                          criteria relating to external trade, the gross national
                                                                product and population, the percentages for the initial
Whereas it is expedient, therefore, in respect of the           shares of the Member States in the quota amounts are
products referred to in Annex A which originate in the          as follows for the quota year under consideration :
countries listed in Annex B, that the Community
should open, until 30 September 1973 , duty-free Com­                        Germany                    37*5%
munity tariff quotas within the limits of the amounts                        Benelux                    15*1 %
in metric tons given in respect of each of these products ;                  France                     27*1%
                                                                             Italy                      20-3%
Whereas changes against each of these tariff quotas
must, in respect of the products originating in any of
the abovementioned countries, come within a specified           Whereas, without affecting the Community nature of
percentage of the amount of the quota ;                         the tariff quotas, under consideration, it appears possi­
                                                                ble to provide at this stage for a utilization scheme
Whereas the benefit of such tariff quotas should be             based on a single allocation among the Member
reserved for products originating in the countries under        States ; whereas, moreover, the allocation set out by
consideration, the concept of ' originating products'           this Regulation in no way prejudices the possibility of
being determined in accordance with the procedure               adopting, following a limited experimental period, the
laid down in Article 14 of Council Regulation (EEC)             general method of allocation of Community tariff
No 802/68 (x) of 27 June 1968 on the common defini­             quotas comprising the setting up of a reserve share ;
tion of the concept of the origin of goods ; whereas            whereas at the present juncture it appears feasible that
charges against each of these ceilings must, as a general       such allocation could be made according to the per­
rule, come within a maximum Community amount of                 centages set out in the table above ;
50% in respect of the products originating in any of
the abovementioned countries ;                                  Whereas the percentages for the shares of the Member
                                                                States in the Community tariff quotas, in view of the
Whereas it is necessary to ensure equal and continu­            duration and amounts thereof, does not appear in this
ous access for all Community importers to the above­            instance to compromise the equal access for Com­
mentioned quotas and the uninterrupted application              munity importers to Community tariff quotas ;
of the rate laid down for those quotas to all imports
of the products concerned into all Member States                Whereas since the Kingdom of Belgium, the Kingdom
until those quotas are used up ; whereas, having regard         of the Netherlands and the Grand-Duchy of Luxem­
to the principles defined above, the Community nature           bourg are united in and represented by the Benelux
of the quotas can be respected by allocating the Com­           Economic Union for the allocation of the tariff quotas
munity tariff quota among Member States ; whereas,              concerned, any measure concerning the adminis­
moreover, to this end and in the context of the utili­          tration of the quota shares allocated to that Economic
zation system, the actual charges against the quotas            Union may be carried out by one of its Members ;
may relate only to products which are presented for
customs clearance under cover of declarations that              Whereas, since the tariff quotas concerned are valid
they have been entered into consumption and which               until 30 September 1973 , the system established could
are accompanied by a certificate of origin ;                    be amended to take into account the accession of new
                                                                Member States ;
Whereas the application of the generally accepted
principles in respect of deallocation of the Community
tariff quotas which have been^opened {until now
entails, under these circumstances and in view of the           HAS ADOPTED THIS REGULATION :
variety of the products concerned and in view of the
specification of the benefiting countries , calculations
which are all the more problematic in that the statistical                               Article 1
data required sometimes prove to be incomplete
or not sufficiently accurate or representative ; where­         1 . From 1 January to 30 September 1973 , the Common
as the time required for these calculations cannot be           Customs Tariff duties on the products listed in Annex
reconciled with the continuity necessary for the appli­         A shall be completely suspended within the frame­
cation of the tariff preferences concerned ; whereas,           work of Community tariff quotas of volumes which
                                                                shall be expressed in metric tons and which shall be
                                                                indicated in respect of each product in column 3 of
 O OJ No L 148 , 28 . 6. 1968 , p. 1 .                          such Annex.
 ---pagebreak---                                   Official Journal of the European Communities                                       67
2. These tariff quotas shall be enjoyed solely by prod­       sumption, and which are accompanied by a certificate
ucts originating in the countries listed in Annex B.          of origin in accordance with the rules referred to in
However, those impo::ts which already enjoy exemp­            Article 1 (2).
tion from customs cuties under other preferential
tariff arrangements granted by the Community may              3 . An item of goods may qualify for a tariff quota if
not be charged against these tariff quotas. For the           the certificate of origin referred to in paragraph 2 is
purposes of the application of this Regulation , the con­     submitted before the date on which the levying of
cept of originating products shall be determined in           duties is reintroduced .
accordance with the procedure laid down in Article 14
of Regulation (EEC) No 802/68.                                                         Artiele 4
3 . The amount to be charged in respect of each              The Commission shall take all necessary measures to
country referred to in paragraph 2 against each of the        ensure that the maximum amount referred to in Article
tariff quota amounts mentioned above shall be limited         1 (3) is observed. When the charges, at Community
to the maximum' amount given as a percentage and in          level , of products originating in each of the countries
metric tons in column 4 of Annex A in respect of each        listed in Annex B, against any one of the Community
category of products.                                        tariff quotas reach the maximum amount laid down
                                                             in column 4 of Annex A, the Commission shall im­
4. Any amendment to Annex B, in particular by the             mediately notify the Member States of the date on
addition of new countries enjoying tariff preferences,       which, as a result of this factor, the normal tariff is to
may entail a corresponding adjustment to the volumes          be reintroduced in respect of the country in question.
of the quotas and to the maximum amounts appearing            This notification shall be published in the Official
in columns 3 and 4 of Annex A.                                Journal of the European Communities.
                        Article 2                                                      Article 5
                                                              Member States shall inform the Commission at regular
The Community tarifl quotas referred to in Article 1          intervals of imports of the products in question
shall be allocated in cuota shares which shall be, for        actually charged against their quota shares.
each Member State, the amounts corresponding to the
quantities given in column 5 of Annex A in respect                                     Article 6
of each category of products .
                                                              Member States and the Commission shall cooperate
                                                              closely to see that the provisions of the above Articles
                        Article 3                             are observed .
1 . The Member States shall ensure free access to the
                                                                                       Article 7
quota shares which have been allocated to them for
importers of the products concerned who are estab­            The above provisions may be amended to take account
lished on their territory.                                    of the situation resulting from the accession of new
                                                              Member States .
2. The extent to which the quota shares of Member
States have been actusily used up shall be recorded on                                 Article 8
the basis of imports of the products in'question which
have been presented fcr customs clearance under cover         This Regulation shall enter into force on 1 January
of declarations that they have been entered into con­         1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 19 December 1972 .
                                                                                   For the Council
                                                                                    The President
                                                                                  T. WESTERTERP
 ---pagebreak--- 68                                       Official Journal of the European Communities
                                                           . ANNEX A
               List of products subject to zero-duty Community tariff quotas under the Generalized Tariff
                                   Preferences granted in favour of certain developing countries
                                                                                Maximum amount per
                                                                     Quota            country
        CCT                                                         amount                                  Share of quota amounts
 Order heading                      Description                                         (4)               allocated to Member States
                                                                  (in metric
  No     No
                                                                     tons)                                       (in metric tons)
                                                                                 in %       in metric
                                                                                               tons
          (1                             2)                            3                                               (5)
   1     55.05    Cotton yarn, not put up for retail sale :          566          30           170    Germany :            212-25
                                                                                                      Benelux :             85-47
                                                                                                      France :             153-38
                  B. Other
                                                                                                      Italy :              114-90
                     II . Not specified :
                          Single , measuring per kg :
                          — 14 000 m or less
   2                         more than 14 000 m and up to         2 138           30           641    Germany :            801-75
                             40 000 m                                                                 Benelux :            322-84
                                                                                                      France :             579-40
                                                                                                      Italy :              434-01
   3                         more than 40 000 m and up to            735          30          221     Germany :            275-63
                             80 000 m                                                                 Benelux :            110-98
                                                                                                      France :             199-19
                                                                                                      Italy :              149-20
                             More than 80 000 m and up to            105          30            32    Germany :             39-38
   4                         120 000 m                                                                Benelux :             15-85
                                                                                                      France :              28-45
                                                                                                      Italy :               21-32
   5    55.09     Other woven fabrics of cotton :                    383          30           115    Germany :            143-63
                                                                                                      Benelux :             57-83
                                                                                                      France :             103-79
                  A. Containing 85% or more by weight                                                 Italy :               77-75
                     of cotton :
                     ex I. Of a width of less than 85 cm
                            — Unbleached
 ---pagebreak---                                        Official Journal of the European Communities                                              69
                                                                            Maximum amount per
                                                                   Quota          country
         CCT                                                      amount                               Share of quota amounts
Order   heading                    Description                   (in metric         (4)               allocated to Member States
 No       No
                                                                    tons)                                 (in metric tons)
                                                                             in %       in metric
                                                                                           tons
           (1 )                        (2)                            (3 )                                         (5)
  6      55.09      II . Other                                  1913          30          574     Germany :            717-38
       (cont'd)          — Unbleached , of a width of :                                           Benelux :            288-86
                                                                                                  France :             518-42
                            — 85 cm to 115 cm
                                                                                                  Italy :              388-34
  7                         — Alore than 115 cm and up           1 163        30           349    Germany :            436-13
                               to 165 cm                                                          Benelux :            175-61
                                                                                                  France :             315-17
                                                                                                  Italy :              236-09
  8                         — More than 165 cm                      375       30           113    Germany :            140-63
                                                                                                  Benelux :             56-63
                                                                                                  France :             101-62
                                                                                                  Italy :               76-12
  9                         — Not specified                         158 ·     30             47   Germany :             59-25
                                                                                                  Benelux :             23-86
                                                                                                  France :              42-82
                                                                                                  Italy :               32-07
 10     56.05   Yarn of man-made fibres (discontinuous              180       30             54   Germany :             67-50
                cr wasre), not put up for retail sale :                                           Benelux :             27-18
                                                                                                  France :              48-78
                                                                                                  Italy :               36-54
                B. Of regenerated textile fibres
 11       56.07 Woven      fabrics   of     man-made  fibres        180       30             54   Germany :             67-50
                (discontinuous or waste) :                                                        Benelux :             27-18
                                                                                                  France :              48-78
                B. Of .regenerated textile fibres                                                 Italy :               36-54
 12   ex 60.03  Stockings, under stockings, socks, ankle­             83       30            25   Germany :             31-13
                socks , sockettes and the like, knitted or                                        Benelux :             12-53
                crocheted, not elastic nor rubberized :                                           France :              22-49
                                                                                                  Italy :               16-85
                — Of cotton
 13       62.02 Bed linen , table-linen , toilet linen and            75       30     ■     23    Germany :             28-13
                kitchen linen ; curtain and other fur­                                            Benelux :             11-33
                nishing articles :                                                                France :              20-32
                                                                                                  Italy :               15-22
                — In woven fabrics of cotton
                — Other                                               44       30            13   Germany :             16-50
                                                                                                  Benelux :              6-64
                                                                                                  France :              11-93
                                                                                                  Italy :                8-93
 ---pagebreak--- 70                       Official Journal of the European Communities
                                             ANNEX B
   List of developing countries benefiting under the Generalized Tariff Preferences for certaiten
                                          textile products
                                 Afghanistan
                                 Argentina
                                 Bangladesh
                                 Colombia
                                 Egypt, Arab Republic of
                                 El Salvador
                                 India           ,
                                 Jamaica
                                 Korea , Republic of (South Korea)
                                 Mexico
                                 Pakistan
                                 Thailand