CELEX: 51973PC1253
Language: en
Date: 1973-07-25
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of Community tariff quotas for certain textile products originating in developing countries#PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL establishing preferential tariffs in respect of certain textile products originating in developing countries (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1253
Vol. 1973/0236
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(73)1253 final
                                                    Brussels , 25 July 1973
                           PROPOSAL FOR A    .
                  REGULATION (EEC) OF THE COUNCIL
    opening, allocating and providing for -the administration of
        Community tariff quotas for certain textile products
                  originating in developing countries
                           PROPOSAL FOR A
                 REGULATION ( EEC ) OF THE COUNCIL
  establishing preferential tariffs in respect of certain textile
            products originating in developing countries
            (submitted to the Council "by the Commission)
 C0M(73) 1253 final
 ---pagebreak---                        EXPLANATORY MEMORANDUM
1. On the occasion when the Community 's revised offer concerning
generalised preferences was sent to UNCTAD, the Council took the
following general decision s
" In respect of the cotton textile products covered by the Long-term
Arrangement , the preferences - in the form of ceilings of exemption
fjjyom duty and calculated from the formula shown sub A – shall be
granted to the countries which have been accorded generalised preference
treatment and have signed the LTA ; this shall be for the duration of
the Arrangement .
Preferences may also , however , be granted during the same period, in
accordance with conditions and provisions to be defined bilaterally ,
to countries which have been accorded generalised preference treatment
but which have not signed the LTA ; they should make similar undertakings
to the Community as those existing for the LTA° »
2. At the Commission 's proposal and by interpretation of Article 6 of the
Long-term Arrangement regarding International Trade in Cotton Textiles ,
these general conditions were extended to cover the substitute textile
products given in the conditional list of partial and limited reductions
of customs duties deposited with GATT during the last series of tariff
negotiations .
3 » These same general conditions have since been respected in all
Regulations concerning generalised preferences on the goods in question .
Thus , in Regulation (EEC) Nos 2763/72 and 2764 of 19 December 1972 (1),
the period of Validity of the generalised preferences granted by the
original Community for the said products was limited to the period from
1 January to 30 September 1973 , the expiry date set in the Long-term
Agreement ; the quota amounts and ceiling amounts laid down in the
above-mentioned Regulations were reduced to 3/4 of what they would have
been , had they been calculated on an annual basis .
                                                                 • • •/ • • •
(1) OJNo L 296/63 of 30.12.1972
 ---pagebreak---                                 - 2 -
k . In view of the state of the current round of GATT negotiations , this
Commission considers that a renewal of the Long-term Arrangement at least
until the end of the year is now sufficiently probable to justify their
sending the Council proposals for Regulations aimed at securing the
continuation until the end of the year , by the original Community , of the
generalised preferences for the products concerned .
                                                        /
5 . The aim of these proposals for Regulations is to grant quota or ceiling
amounts to Regulations (EEC) Nos 2763 and 2?6k ( including the Philippines
(2)), from 1 October to 31 December 1973 * which shall be equal , respectively ,
to the difference between the quota volumes calculated on an annual basis
and the volumes effectively available for the first 3 quarters , and ( for
the ceiling amounts ) to a third , rounded up , of the volumes covering the
period from 1 January to 30 September 1973 *
6 . In further connection wi^h these textile products , the Commission 's
proposals opening generalised tariff preferences to the benefit of
Yugoslavia for the first nine months of 1973 ( document COM (73) 919 final
of 8 June 1973 ) are tinder current examination at Council level .
When the Working Party on Trade Quections "UNCTAD" examined these proposals
on 28 June 1973* delegations of all Meiaber States were already in unanimous
agreement to recommend that the Council should adopt these proposals , either
as they stand, or - if the Long-term Arrangement regarding International
Trade in Cotton Textiles proves to be prolonged at least until the end of the
year - with some modulation to cover the 1973 preferential exercise in its
entirety ; the delegation of the Commission indicated at this time that it
could lend its support to the latter solution .
( 1) The inclusion of the Philippines in the list of benefiting countries
     for textile products has been proposed by the Commission to the
     Council (See doc . COM ( 73) 731 final of 14.5.1973) •
 ---pagebreak---              . REGULATION (EEC) No . '                   OF THE COUNCIL '
                                     of
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,
                         Having regard to the Treaty establishing the Euro­
                        pean Economic Community « and in particular Article 113 thereof ;
                        Having regard to the proposal from the Commission ;
                        Whereas, within the context of UNCTAD, the Euro­
                        pean Economic Community offered to grant tariff
                        preferences on finished and semi-finished products
                        coming from developing countries ; whereas the prefer­
                        ential treatment proposed in that offer covers, gener­
                        ally speaking, all finished and semi-finished industrial
                        products by Chapter 25 fo 99 of the Brussels Nomen­
                        clature originating in developing countries ; whereas
                     • the preference consists in the granting of exemption
                       from customs duties ; whereas preferential imports arc ■
                   ■ effected up to the level of ceilings calculated by value
                       in respect of each product on the basis of factors which
                       arc uniform for all the products ; whereas in order that
                       the pi . crences granted to the most competitive devel­
                       oping country or countries should be restricted and
                       that a substantial quota share should be reserved
                       for the least competitive, preferential imports from .
                       any one developing country in respect of a given prod­
                       uct should not, as a general rule, exceed 50% of the
                      ceiling fixed for that product ;
                      Whereas, in the offer n .-u'e by the Community, the
                      annual ceilings should ordinarily be calculated on the
                      basis of the total value for 1968 of c.i.f. imports from
                      the countries benefiting from this scheme, excluding
                      those already enjoying various preferential tariff
                      arrangements granted by the Community, increased
                      by 5% of the value of c.i.f. imports from the other
                     countries * and from the countries already enjoying
                     such arrangements ;
                     Whereas, however, in respect of cotton textile prod­
                    ucts covered by the Long-term Arrangement regard­
                    ing International Trade in Cotton Textiles, the offer
                    made by the Community lays down that the prefer­
                    ences, in the form of duty-free ceilings ordinarily cal­
                    culated according to the formula set out in the preced­
                    ing recital, will be granted to the countries enjoying
                    generalized preferences which are signatories to the
                    Long-term Arrangement or possiblv to those countries
 ---pagebreak---                            - 2 -
which undertake vis-i-vis the Community com­
mitments similar to those existing under that Arrange- ,
ment and for the duration of the said Arrangement ;
                                             whereas it is
apparent that only imports from these countries arc
to form the basis for calculating the abovementioned
ceilings ; whereas, with particular regard to the re­
lation which Article 6 of the said Long-term Arrange­
ment establishes between cotton products and sub­
stitute products, it appears justifed in these circum­
stances and by virtue of the fact that a total suspension
of customs duties is involved to include in the same
 scheme as tliat described above those substitute textile
 products given in the conditional list of partial and
 limited reductions of customs duties deposited with
 GATT by the Community during , the last series of
 tariff negotiations ;
 Whereas, moreover, in view of the special nature which
 trade in the products concerned may have, it appears
 expedient wherever this is justified by the particular
 sensitivity of the product to determine in terms of
 tonnages the ceilings for the preferential imports of
 such product, taking due account of deliveries carried
 out during 1968 by the benefiting countries alone ;
 whereas, moreover, particularly in view of the high
 level of deliveries of the textiles in question to the
 Community by the . third countries concerned, it
 appears appropriate, except in particular instances, to
 restrict preferential imports from any single benefit­
 ing countr / to 30% of the ceiling laid down for each
 category of textile products concerned ;
  Whereas the offer made by the Community includes
  a clause stipulating that the Community drew up the
  offer on the assumption that all the main industrialized
  countries which are members of the OECD would
  participate in granting preferences and would make
  similar efforts in this direction ; whereas, moreover, it
  is evident from the conclusions worked out in
  UNCTAD that this offer, while being of a'temporary
  nature, does not constitute a binding commitment and,
  in particular, may be withdrawn wholly or in part at
  a later date ; whereas this possibility may be adopted
  inter alia with a view to remedying any unfavourable
  situations which might arise in the associated countries
  following the implementation of the generalized
  preference scheme ;
  Whereas tariff preferences have been applied as from .
  the second half of 1971 under the conditions set out
  above . whereas application of the said preferences
   has been confined , in respect of the cotton textiles
   and substitute textiles concerned above , to the first
   nine months of 1973 ( 1) * with the Long-term Arrangement
   regarding International Trade in Cotton Textiles
   expiring on 30 September 1973 ; whereas it is currently'
   evident that the said Arrangement will be prorogued at
   least until the end of 1973 ; and whereas these circum­
   stances betoken renewed application of the said prefe­
   rences . pro rata temporis , for the last quarter of 1973
   (1) See Begulation (EEC) No 2763/72 of 19-12.1972,
          0J No L 296 , p. 63 .
 ---pagebreak---  Whereas it is expedient, therefore, in respect of the
 products referred to in Annex A which originate in the
 countries listed in Annex B, that the Community
 should open for the last quarter of 1973 » duty– free Com­
 munity tariff quotas within the limits of the amounts,
in metric tons given in respect of each of these products ;
 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 1
percentage of the amount of the quota ;
Whereas the benefit of such tariff quotas should be
reserved for products originating in the countries under
consideration, the concept of 'originating products'
being determined in accordance with the procedure
laid down in Article 14 of Council Regulation (EEC) ■
No 802/68 (') of 27 June 1968 on the common defini­
tion of the concept of the origin of goods ; whereas
charges against each of these ceilings must, as a general
rule, come within a maximum Community amount of
50% in respect of the ,products originating in any of
the abovementioned countries ;
Whereas it is necessary to ensure equal and continu­
ous access for all Community importers to the above-
menu ncd quotas and the uninterrupted application
of the rate laid down for those quotas to all imports
of the products concerned into , all Member States
until those quotas are used up ; whereas, having regard
to the principles defined above, the Community nature
of the quotas can be respected by allocating the Com­
munity tariff quota among Member States ; whereas,
moreover, to this cnH and in the context of the utili­
zation system, the actual charges against the quotas
may relate only to products which arc presented for
customs clearance * under cover of declarations that
they have been entered into consumption and which
arc accompanied by a certificate of origin ;
Whereas the application of the generally accepted
principles in respect of the allocation of the Community
tariff quoras [which have been opened until now,
entails," under these circumstances and in view of the
variety of the products concerned and in view of the
specification of the benefiting countries, calculations
which arc all the more problematic in that the statistical
data required sometimes prove to be incomplete
or not sufficiently accurate or representative ; where­
as the time required for these calculations cannot be
reconciled with the continuity necessary for the appli­
cation of the tariff preferences concerned ; whereas,
(') OJ No L 148 , 28. 6. 1968, P. 1 .
 ---pagebreak---                            - 4 -
under these conditions, it would be advisable still at
this stage to adopt a fixed scale for allocating the Com­
munity tariff quotas concerned among the Member
States ; whereas, using as a basis general economic
criteria relating to external trade, the gross national
product and population, the percentages for the initial
shares of the Member States in the quota amounts arc
as follows for the quota year under consideration :
             Germany .                  37-5%
             Benelux                  » 15-1%
             France .                   27*1%
             Italy                      20-3%
Whereas, without affecting the Community nature of
the tariff quotas under consideration , it appears possi­
ble to provide at this stage for a utilization scheme
based on a single allocation among the Member
States ; whereas, moreover, the allocation set out by
this Regulation in no way prejudices the possibility of
adopting, following a limited experimental period, the
general method of allocation of Community tariff
quotas comprising the setting up of a reserve share ;
whereas at the present juncture it appears feasible that
such allocation could be made according to the per­
centages set out in the table above ;
Whereas the percentages for the shares of the Member
States in the Community tariff quotas, in view of the
duration and amounts thereof, docs not appear in this
instance to compromise the equal access for Com­
munity importers to Community tariff quotas ;
Whereas since the Kingdom of Belgium , the Kingdom
of the Netherlands and the Grand-Duchy of Luxem­
bourg are united in and represented by the Benelux
Economic Union for the allocation of the tariff quotas
concerned , any measure concerning the adminis­
tration of the quota shares allocated to that Economic
Union may be carried out by one of its Members ;
Whereas, since the tariff quotas concerned are valid until
 31 December 1973, the system established could
be amended                   under the provisions of
 Protocol No 23 annexed to the Act joined
 to Treaty of Accession ( 1),
HAS ADOPTED THIS REGULATION :
                         Article 1
1 . From 1 October to 31 December 1973t the Common
Customs Tariff duties on the products listed in Annex
A shall be completely suspended within the frame­
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
such Annex.
(1) OJNoL 73 , 27.3.1972 , p. 178
 ---pagebreak---                          - 5 -
2. These tariff quotas shall be enjoyed solely by prod­
ucts originating in the countries listed in Annex IS.
However, those imports which already enjoy exemp­
tion from customs duties under other preferential
tariff arrangements granted by the Community may
not be charged against these tariff quotas. For the
purposes of the application of this Regulation, the con­
cept of originating products shall be determined in
accordance with the procedure laid down in Article 14
of Regulation (K.E.C) No 802/68.
3. The amount to be charged in respect of each
country referred to in paragraph 2 against each of the
tariff quota amounts mentioned above shall be limited
to the maximum amount given as a percentage and in
metric tons in column 4 of Annex A in respect of each
category of products.
4. Any amendment to Annex B, in particular by the
addition OL new countries enjoying tariff preferences,
may entail a corresponding adjustment to the volumes
of the quotas and to the maximum amounts appearing
in columns 3 and 4 of Annex A.
                        Article 2
The Community tariff quotas referred to in Article 1
shall be allocated in quota shares which shall be, for
each Member State, the amounts corresponding to the
quantities given in column 5 of Annex A in respect
 of each category of products.
                        Article 3
 1 . The Member States shall ensure free access to the
quota shares which have been allocated to them for
importers of the products concerned who arc estab­
lished on their territory.
                                                   «
2. The extent to which the quota shares of Member
States have been actually used up shall be recorded on
the basis of imports of the products in question which
have been presented for customs clearance under cover
of declarations that they have been entered into con­
 ---pagebreak---                                                    - 6 -
                      ■ sumption, and which arc accompanied by a certificate
                         of origin in accordance with the rules referred to in
                         Article 1 (2).
                         3 . An item of goods may qualify for a tariff quota if '
                         the certificate of origin referred to in paragraph 2 is
                         submitted before the date on which the levying of
                         duties is reintroduced .
                                                  Article 4
                         The Commission shall take all necessary measures to
                         ensure that the maximum amount referred to in Article
                         1 (3) is observed. When the charges, 1 at Community
                         level , of products originating in each of the countries
                         listed in Annex B, againsr any one of the Community
                         tariff quotas reach the maximum amount laid down
                         in . column 4 of Annex A , the Commission shall im­
                         mediately 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 in question.
                         This notification shall be published in the Official
                        Journal of the European Communities.
                                          *       Article 5
                                        9                 » ' .
                         Member States shall inform the Commission at regular
                         intervals of imports of the products in question
                         actually charged against their quota shares.
                                                  Article 6
                         Member States and the Commission shall cooperate
                         closely to see that the provisions of the above Articles
                         are observed .
                                                  Article 7
                         The above provisions may be amended
                   I,     under the provisions of Protocol No 23
                   |      annexed to the Act joined to the Treaty
                   u      of Accession . -                                          j
                                                  Article S
                         This Regulation shall enter into force on 1 October
                         1973.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                                    For the Council
                                                            t
                                                                      The President
 ---pagebreak---                                                      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
                                                                                 (4)                 allocated to Member States
hrading                      Dctcnption                     (in metric
  No                                                           tons)
                                                                                                           (in metric tons)
                                                                          ia %       in metric
                                                                                        tons                      5)
   (1 )                          (2)                             (3 )
  55.05    Cotton yarn, not put up for retail sale :           189         30             57   r Germany                 70,87
                                                                                                   Benelux               28,54
           B. Other '     '                      "                                             ' France                  51,22
                                                                                                 ' Italy                 38.37
               II. Not specified :
                   Single, measuring per kg :
                   – 14 000 m or less
                   – more than 14 000 m and up to           : 712          30           214     ; Germany              267,00
                      40 000 m                                                                     Bénélux             107,51
                                                                                                   France              192,95
                                                                                                   Italy               144,54
                       more than 40 000 m and up to           245          30             73       Germany                91,88
                       80 000 m                                                                    Bénélux                36,99
                                                                                                   France                 66,39
                                                                                                    Italy                 49,74
                                                                            30
                       More than 80 000 m and up to              35                       10       Germany                13,12
                       120 000 m                                                                   Bénélux                  5,28
                                                                                                   France                   9,49
                                                                                                    Italy                   7,11
                                                             127           30            38        Germany               47,62
  55.09     Other woven fabrics of cotton :                                                        Bénélux               19,18
                                                                                                   France                34,42
            A. Containing 85% or more by weight                                                    Italy                 25,78
                of cotton :
                cx I. Of a width of less than 85 cm
                      – Unbleached .•
 ---pagebreak---                                                                                          Maximum amount per
               CCT
                                                                         • Quota              cou ntry
                                                                           amounr                                        Share of quota amounts       j
  Ordcr       hcading                      Description                    <iti inctric            (;1)                  allocated to Member Stales
   No           No                                                                                                          (in metric tons)
                                                                              tons)
                                                                                          in % I       in mctrlc
                (lî           ■  •             P)                               (3)                       tons
                                                                                                                                     (5) '             ί
                                                                                               \
    6          55.09        II. Other
             (cont'd)           – Unbleached, of a width of .
                                                                                                                      Germany              238.87 |
                                                                           637
                                                                                                                      Bénélux                 96,19
                                     – 85 cm to 115 cm                                    30            191           France               172,63
                                                                                                 ' I
                                                                                                                      Italy                129,31
   .?                                - Mora than '115 cm                                                              Germany              145,12
                                        and up to I65 cm                '387              30            116           Bénélux                 58,44
                                                                                                                      France               104.88
                                                          r   ■                                                       Italy                   78,56
    8.                               - More than 165 cm                   125 .           30               37         Germany                 46.87
                                                                                                                    , Benelux                 18.88
                                  I                                                                                   France                  33 ! 87
                                                     Κ                                                                Italy                   25,38
    9 ,                              - Not specified                  1       52          30       I       16                                 19,50
                                                                                                                 1 I Germany
                                                                                                                      Bénélux                  7,85
                                                                                                                      France                  14,09
          I
                                                                                                                      Italy                   10,56
          I
        1
   10 I       56.05     Yam of man-made libres (discontinuous
                                                                                                                      Germany
                                                                                                                      Bénélux
                                                                                                                                              22,50
                                                                                                                                               9,06
                        or waste), not put up for retail sale :                60      I 30                18
                                                                                                                      France                  16,26
                        B. Of regenerated textile fibres                                                              Italy                   12,18
                                                                   . I
:       1                                                                                                             Germany                 22,50
   n            56.07   Woven       fabrics   of    man-made  fibres                                                  Bénélux                  9,06
                        (discontinuous or waste):                              60         30               18         France                  16 , 26
                        B. Of regenerated textile fibres                                                              Italy                   12,18
        I
   12       ex 60.03    Stockings, under stockings, socks, ankle-                                                     Germany                 10,12
                        socks , sockettcs and the like, knitted or                                            8       Bénélux                  4,08
                        crocheted, not elastic nor rubberized :                27         30
                        – Of cotton
                                                                                                                      France                   7,32
                                                                                                                      Italy                    5,48
                                                                                                     I
   13           62.02   Bed linen, table-linen, toilet linen and
                      • kitchen linen ; curtain and other fur­                                                        Germany                 13,13
                        nishing articles :                                                                            Bénélux                  5,28
                       – In woven fabrics of cotton                            35          30               10        France                   9,^8
                                                                                                                      Italy                    7,11
                       – Other                                                 14          30                 4
                                                                                                                      Germany                  5,25
                                                                                                                      Bénélux                , 2,12
                                                                                                                      France                   3,79
                                                                                                                      Italy                    2,84
 ---pagebreak---                                             ANNEX B
List of developing countries benefiting under the Generalized Tariff Preferences for ccrtaitcn
                                         textile produecs
                              ■ Afghanistan
                            ' Argentina      \                                               ^
                                Bangladesh                                         •
                                Colombia
                                Egypt, Arab Republic of
                                EI Salvador
                                India
                             . Jamaica
                                Korea, Republic of (South Korea)
                                Mexico
                                Pakistan
               •                                               »•
                                Philippines
                                Thailand
 ---pagebreak---                           Proposal          For       A
             • REGULATION (EEC) No                        OF THE; COUNCIL
                                    01                                                 i
establishing preferential tariffs in respect of certain textile products originating m
                                     developing countries
                THE COUNCIL OF THE EUROPEAN COMMUNITIES,
                Having regard to the Treaty establishing the Euro­
                pean Economic Community j and in particular Article 113 thereof
              ' Having regard to the proposal from the Commission ;
                Whereas, within the context of UNCTAD, the Euro­
                pean Economic Community offered to grant tariff pref­
                erences on finished and semi-finished products coming
                from developing countries ; whereas the preferential
                treatment proposed in that offer covers, generally
                speaking, all finished and se'mi-finished industrial prod­
                ucts covered by Chapters 25 to 99 of the Brussels
                Nomenclature which originate in developing countries ;
                whereas the preference consists in the granting of exem­
                ption from customs duties ; whereas preferential imports
                are effected up to the level of ceilings calculated by value
                inrespectof each productonthebasisoffactors which
                are uniform for all the products ; whereas, in order
                that the preferences granted to the most competitive
                developing country or countries should be restricted
                and that a substantial quota share should be reserved
                for the least competitive, preferential imports from
                any one developing country in respect of a given
                product should not, as a general rule, exceed 50% of
              ' the ceiling fixed for that product ;.
                Whereas, in the offer made by the Community, the
                annual ceilings should ordinarily be calculated on the
                basis of the total value for 1968 of c.i.f. imports from
                the countries benefiting from this scheme, excluding
                those already enjoying various preferential tariff
                arrangements granted by the Community , increased by
                5% of the value of c.i.f. imports from the other coun­
                tries and from countries already enjoying such
                arrangements ;
                Whereas, however, in respect of cotton textile products
                covered by the Long-term Arrangement regarding
                International Trade in Cotton Textiles, the offer made
                by the Community lays down that the preferences,
                in the form of duty-free ceilings ordinarily calculated
                according to the formula set out in the preceding
                recital, will be granted to the countries enjoying
                generalized preferences which are signatories to
 ---pagebreak---                            - 2 -
the Long-term Arrangement or possibly to those
countries which undertake vis-a-vis the Community
commitments similar to those existing under that
Arrangement and for the duration tof the said
Arrangement (which expires on 30 September 1973) ;
whereas it is apparent that only imports from these
countries are to form the basis for calculating the
abovementioned ceilings ; whereas, with particular
regard to the relation which Article 6 of the said
Long-term Arrangement establishes between cotton
products and -'substitute products, it appears justified
in these circumstances and by virtue of the fact that
a total suspension of customs duties is involved to
include in the same scheme as that described above
those substitute textile products given in the conditional
list of partial and limited reductions of customs          ^
duties deposited with GATT by the Community "
during the last series of tariff negotiations ; whereas,
moreover, in view of the special nature which trade
in the products concerned may have, it appears
expedient to calculate in terms of tonnages the ceilings
for preferential imports of such products ;
Whereas the offer made by the Community includes a
clause stipulating that the Community dicw up the
offer on the assumption that all the main industrialized
Countries which arc members of the OECD would
participate in granting preferences and would make
similar efforts in this direction ; whereas, moreover,
it is evident from the conclusions worked out in
UNCTAD that this offer, while being of a temporary           -
nature, does not constitute a binding commitment and,
in particular, may be withdrawn wholly or in part at
a later date ; whereas this possibility may be adopted
inter alia with a view to remedying any unfavourable
situations which might arise in the associated countries
following the implementation of the generalized
preference scheme ;                              ^
Whereas tariff preferences have been applied as from
the second half of 1971 under the conditions set out
 above , whereas application of the said preferences
 has been confined , in respect of the cotton textiles
 and substitute textiles concerned above , to the first
 nine months of 1973 ( 1) ♦ with the Long-term Arrangement
 regarding International Trade in Cotton Textiles expiring
 on JO September 1973 ? whereas it is currently evident
 that the said Agreement will be prorogued at least until
 the end of 1973 ; whereas these circumstances betoken
 renewed application of the said preferences , pro rata
 temporis , for the last quarter of 1973 ? and whereas with
 regard to the terms of the offer concerned, the above-
 mentioned additional sum of 5 # may refer to 1970 ;
  ( 1) See Regulation (EEC) No 2764/72 of 19.12.72,
        No L 296 , p. 69 .
 ---pagebreak---                                   - 3 -
     Whereas it is expedient, therefore, in respect of tho
     products referred :o in Annex A which originate in
     the countries listed in Annex B, that the Community
     should allow, for each category of these products
     and for the last quarter of 1973 , duty-free imports
     within the limits of the Community ceilings calculated
     in the manner set out above ; whereas the benefit of
     such tariff exemption should be reserved for products
, originating in the countries under consideration,
    .the concept of 'originating products' being determined
     in accordance with the procedure laid down in Article
     14 of Council Regulation (EEC) No , 802/68 (') of
     27 June 1%8 on the common definition of the con­
     cept of the origin of goods ; whereas charges against
     each of these ceilings must, as a general rule, come
     within a maximum Community amount of 50% in
     respect of the products originating in any of the
     abovemcntioned countries ;
     Whereas, under these circumstances, these objectives
     may be reached by applying a method of administration
     based on the charging, at Community level , against
     the abovementioned ceilings and maximum amounts,
     of imports of the products concerned as and when
     these products are presented for custom -; clearance
     under 'cover of declarations that they have been
     entered into consumption and accompanied by a
     certificate of origin ; whereas this method of administra­
     tion must make provision for the reintroduction of
     Common Customs Tariff duties as soon as the said
     ceilings or maximum amounts are reached at Com­
     munity level ;                                                 _
     Whereas such method of administration calls for
     very close and particularly rapid cooperation between
     Member States and the Commission, which must,              .
     in particular, be able to observe the extent to which
     charges arc made against the ceilings and maximum
     amounts and inform Member States thereof ; whereas
     such cooperation should be particularly close in
     view of the need for the Commission to be able to
     take appropriate measures to reintroduce Common
      Customs Tariff duties either generally or individually, .
     when any of the ceilings or maximum amounts is
     reached ;
     Whereas, since the ceilings concerned are valid until
  . December 1973 the system established could be
     amended under the provisions of Protocol No 23
    annexed to the Act joined to the Treaty of
 - Acce'ssion ( 2 ),                                          ......
    HAS ADOPTED THIS REGULATION :
                              Article 1
     1 . From 1 October to 31 December 1973 * the Com­
     mon Customs Tariff duties on the products listed in
     Annex A shall be totally suspended , subject to the
     provisions of Article 2 and Article 4 (2) of this
     Regulation.
     O OJ No L 148, 28.6.1968, p. 1 .
  ( 2)0J No 1 73 , 27.3.1972 , p. 178 .
 ---pagebreak---                            - k -
2. This suspension shall be enjoyed solely by products
originating in the countries listed in Annex B. How­
ever, . imports already enjoying exemption from
customs duties under other preferential tariff arrange­
ments shall not be charged against the ceilings specified
in paragraph 3. For the purposes of the application
of this Regulation, the concept of originating products
shall be determined in accordance with the procedure
laid down in Article 14 of Regulation (EEC) No
802/68.               '
3 . Subject to the provisions of Article 2 and Article
4 (2) this suspension shall be granted, in respect of
each category of products, within a Community
ceiling which shall be equal to three-quarters of the
amount obtained by adding together imports in 1968 ,
expressed in metric tons, of the products concerned
from the countries listed in Annex B, excluding those
already enjoying various preferential tariff arrange­
 ments granted by the Community, and 5% of the
 tonnage of imports in 1970 from other countries and
 from countries already enjoying such arrangements.
 4. Subject to the provisions of Article 2 and Article
 4 (2), within each ceiling thus calculated , charges of
 prod' "-! s. originating in any one of the countries listed
  in Annex B should not exceed a Community maximum
  amount equivalent to 50% of this ceiling with the
  exception of certain products for which the maximum
 amount shall be reduced to the percentage shown
 in Annex A.
 5. Any amendment to Annex B, in particular by the
 addition of new countries enjoying tariff preferences,
 may entail a corresponding adjustment to the Com­
 munity ceilings and the maximum amounts referred
 to in paragraphs 3 and 4.
                            Article 2
 1 . As soon as the ceilings calculated in accordance
 with the provisions of Article 1 (3), which arc laid
 down for Community imports of products originating
 in all of the countries referred to in Article 1 (2), are
 reached at Community level, the levying of Common
 Customs Tariff duties on imports of the products in
 question from all the countries concerned may at any
 time be reintroduced until the end of the period
 referred to in Article 1 (1 ).
 2. As soon as the maximum amounts calculated
 in accordance with the provisions of Article 1 (4),
 which are laid down for Community imports of
 products originating in each of the countries referred
 to in Article 1 (2), are reached for any one of these
 countries at Community level , the levying of the
 Common Customs Tariff duties on imports of the
 products in question from the country concerned
 may at any time be reintroduced until the end of the
 period referred to in Article 1 (1 ). •
 ---pagebreak---                                                    - 5 -
                       Article 3                            2. The Commission shall reintroduce the levying
                                                            of Common Customs Tariff duties in respect of all
1 . Imports of the products in question shall be            the countries referred to in Article 1 (2) or in respect
actually charged against the Community ceilings             of any one of them by means of a Regulation in the
and maximum amounts as and when the products                conditions laid down in Article 2 (1 ) and (2).
arc presented for customs clearance under cover of
declarations that they have been entered into con­
sumption , and provided that they are accompanied                                   Article 5
by a certificate of origin pursuant to the rules laid
down in Article 1 (2).                                      Member States shall inform the Commission at
2. An item of goods may be charged against a                regular intervals of imports of the products in question
ceiling or maximum amount only if the certificate           actually charged against the Community ceilings and
of origin referred to in paragraph 1 is submitted be­       maximum amounts laid down in Article 1 (3) and (4).
                                                                                                     !
fore the date on which the levying of duties is re­
introduced .
                                                                                    Article 6
3. The extent to which the ceilings and maximum
^mounts have been actually used up sh.iii be recorded       The above provisions may be amended
at Community level on the basis of the imports
charged in the conditions laid down in paragraphs 1
                                                            under the provisions of Protocol No 23
and 2.                                                      annexed to the Act joined to the Treaty
                                                            of Accession .
                       Article 4                                                   Article 7
1 . The Commission, in close cooperation with the
Member States, shall take all necessary measures to         This Regulatipn shall enter into force on 1 October
ensure that the above provisions are applied .              1973 .
             This Regulation shall be binding in its entirety and directly applicable in all A4ember
             States.
             Done at Brussels .
                                                                                 For the Council
                                                                                  The President
 ---pagebreak---                                                         ANNEX A
                                                                         \
  List of products originating in developing countries to which the Generalized Tariff Preferences
                                       for certain textile products will apply
  CHAPTER 54
      54.05             Woven fabrics of flax or of ramie
  CHAPTER 55                                                                            .            ,
      55.05          ' Cotton yarn, not put up for retail sale ;
        "               A. Multiple or cabled, finished, in balls or on cards, reels, tubes or similar
                            supports, of a weight (including support) not exceeding 900 g
                        B. Other :
                            I. Measuring, per simple yarn, 120 000 in or more per kg
      55.06             Cotton yarn, put up for retail sale
                                                      •
      55.07             Cotton gauze
      55.08             Terry towelling and similar terry fabrics, of cotton
      55.09             Other woven fabrics of cotton :                                    ■         -
                        A. Containing 85 % or more by weight of cotton :
                        ex I. Of a width of less than 85 cm :
                               – other than raw cotton (*)
                        B. Other                                                                          ..
1
  CHAPTER 58
       58.04            Woven pile fabrics and chenille fabrics (other than terry towelling or similar
                        terry fabrics of cotton falling within heading No 55.08 and fabrics falling within
                        heading No 5S.05)
       58.10            Embroidery, in the piece, in strips or in motifs :
                        B. Other     ■
  CHAPTER 60
       60.01            Knitted or crocheted fabric, not clastic nor rubberized :
                        lî. Of man-made libres
                        C. Of other . textile materials                                                         '
  ex 60.02              Gloves, mittens and mitts, knitted or crcyrheted, not elastic nor rubberized
       60.04            Undergarments,' knitted or crocheted, not elastic nor rubberized :
                      , A. Of cotton (*)            i
  (') For products falling within this subheading the maximum Community amount referred to in Article 1 (4) of this
#     Regulation is reduced to 30% *
 ---pagebreak---      60.05             Outer garments and other articles, knitted or crocheted, not clastic nor rubberized :
                       A. Outer garments and clothing accessories
                           If. Other -
                      B. Other                                ■                       ■    ,
     60.06            Knitted or crocheted fabric and articles thereof, elastic or rubberized (includinc
                  • elastic knee-caps and clastic stockings)             •     .
                      A. Fabric
CHAPTER 61                                    .
    60.0 1            Men's and boys' outer garments
    61.02             Women's, girls' and infants' outer garments
    61.03             Men's and boys* undergarments, including collars, shirt fronts and cuffs
    61.04             Women's, girls* and infants' undergarments
    6 1.05            Handkerchiefs
CHAPTER 62                                 '           ■                         –       .
                                                                             .J
   62.01             gravelling 'runs and blankets :
                     A. Electricaiiy heated               •                         '               . _
                     B. Other :
                   '      I. Of cotton
                         II. Of other textile materials
   62.03             Sacks and bags, of a kind used for the packing of goods :
      ,,             B. Of other textile material.'. :
                         I. Used :
                            cx b) Other :
                                   – of cotton
                     ex II. Other :                                    •
                             – of cotton (')
   62.04 ,          Tarpaulins, sails, awnings, sunblinds, tents and camping goods
 RcgiU M^o"C'is rcducctTto 30      ,"t,IleaJ"18 tlie maximum Community amount referred to in Article 1 (4) of litis
 ---pagebreak---                         s
                                          ANNEX B
List of developing countries benefiting under the Generalized Tariff Preferences for certain
                                       textile products
                            " Afghanistan               *•               - .       \
                          * Argentina                               .           • ;
                              Bangladesh
                              Colombia                                               )
                              Egypt, Arab Republic of
             '                El Salvador
                              India                                   '
•    .    •    •    '         Jamaica          ,     .                                      .
                              Korea, Republic of (South Korea)
                              Mexico
                             Pakistan                                                  •
                             Philippines
                      .      Thailand