CELEX: 51994PC0149
Language: en
Date: 1994-04-25
Title: Proposal for a COUNCIL REGULATION (EC) applying supplementary generalized tariff preferences in respect of certain products originating in countries benefiting from generalizd preferences and sold at the Berlin "Partners in Progress" fair

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                        C0M(94) 149 final
                                        Brussels, 25.04.1994
                                        94/0116 (ACC)
                           Proposal for a
                      COUNCIL REGULATION (EC)
      applying supplementary generalized tariff preferences
     in respect of certain products originating in countries
            benefiting from generalizd preferences and
          sold at the Berlin "Partners in Progress" fair
                  (presented by the Commission)
 ---pagebreak---                          Explanatory Memorandum
The "Partners in Progress" imports fair has been held in Berlin every
year since 1962. The Fair focuses on goods exported by the developing
countries. For several years the European Union has supported this
event, in order to boost the developing countries' trade promotion
generally and also to take account of Berlin's unique situation.
 In 1992, since Berlin's situation was no longer exceptional, the
Council adopted a Regulation establishing the principle of opening
these preferences to all fairs in the European Union designed to
promote partnerships between economic operators from developing and
 industrialized countries at commercial, industrial and technological
 levels, and to improve the access to world markets for products
originating    in countries benefiting    from   the European Union's
generalized scheme of preferences.
However, only the German government actually submitted a request for
special preferences, to be applied in respect of products sold at the
Berlin "Partners in Progress" fair, and this was accepted by the
Council (Regulation (EEC) No 1250/92 of 11 MAY 1992, 0J No L 131,
16.5.92, p.1; and Regulation (EEC) No 1225/93 of 17 May 1993, 0J No L
124, 20.5.93, p.1).
By its letter of 13 January 1994, the German government has asked the
Commission again to propose that the Council grant supplementary tariff
preferences to the developing countries in respect of goods which are
the subject of sales contracts concluded at this Fair.
However, in the meantime, the Republic of Korea has recently decided to
unilaterally increase the import duties on a certain number of
products, with effect from 1 January 1994. The products affected are
mainly products for which the European Union is the principal supplier
for the Korean Republic, notably in the textile sector. Therefore, it
seems necessary to suspend, on a selective basis, the GSP benefit
accruing to the Republic of Korea for certain products.
Taking in account the type of products exported by the EU which are
principally affected by the Korean measures, and the volume of trade
involved, it would appear appropriate to suspend the GSP benefit for
textile products covered by the Multifibre Agreement. This suspension
should also be extended to cover products sold at the Berlin Fair.
The Commission proposes that the Council agree to this request while
maintaining the principle of opening these preferences to other fairs.
 ---pagebreak---                                                      COUNCIL REGULATION                           (EC) N o
                                                                      of
                      a p p l y i n g s u p p l e m e n t a r y generalized tariff p r e f e r e n c e s in r e s p e c t of c e r t a i n
                      p r o d u c t s o r i g i n a t i n g in countries b e n e f i t i n g from g e n e r a l i z e d p r e f e r e n c e s a n d
                                                     sold at the Berlin 'Partners in Progress* fair
      THE COUNCIL OF THE EUROPEAN UNION,                                                  benefit from the generalized tariff preferences for
                                                                                          products being the subject of contracts for sale at these
      Having regard to the Treaty establishing the European                               fairs ;
                  Community, and in particular Article 113
     thereof.                                                                             Whereas at this juncture the German Government has
                                                                                          submitted a request for supplementary generalized tariff
                                                                                          preferences tc be applied in respect of certain products
      Having regard to the proposal from the Commission,
                                                                                         originating in countries benefiting from generalized
                                                                                          preferences and sold at the Berlin 'Partners in Progress'
     Whereas fairs are organized in the Community with a                                  Fair ; whereas, for the abovementioned reasons, additional
     view to promoting partnership between economic opera-                               latitude should be allowed for countries benefiting from
     tors from developing countries and from industrialized                              generalized preferences to enable them to take advantage
     countries at commercial, industrial or technological level                          of the generalized tariff preferences for products which
     and improving the access to world markets of products                               were the subject of sales contracts at the 'Partners in
     originating in countries benefiting from generalized                                Progress' Fair ; whereas, however, this latitude should be
     preferences ;                                                                        l i m i t e d t o 6% of t h e l e v e l s of the t o r i f f measures
                                                                                         a p p l i c a b l e t o each p r o d u c t s or group of p r o d u c t s under
                                                                                         t h e aforementioned annual R e g u l a t i o n s , - l o s t a p p l i e d for
     Whereas, in view of the aims of these fairs, certain steps                          t h e y e a r 1993, and t h i s a d d i t i o n a l l a t i t u d e should be
     should be taken in the field ol generalized preferences ;                           allowed;
     Whereas, in accordance with the offer made in the                                   Whereas, w i t h o u t p r e j u d i c e to the s p e c i f i c p r o v i s i o n s of
    context of the United Nations Conference on Trade and                                t h i s R e g u l a t i o n , the o p p l i c o t i o n of the p r o v i s i o n s of the
     Development (UNCTAD), the Community opened, origi-                                  implementing R e g u l a t i o n s             regarding g e n e r a l i z e d      toriff
     nally in 1971, and most recently by Regulations (EEC)                               preferences             ond.        in p a r t i c u l a r .    in respect of          the
                                                                                         b e n e f i c i a r y c o u n t r i e s ond the concept of                   originating
     No 383l/90(') and No .1832/90 ('), as extended by Regu-                             products             should         be     applied           to   the   supplementary
     lation /EC) No 3668/93 P) and supplemented by Regula-                               p r e f e r e n c e s in q u e s t i o n ;
    tion ( Ë C ) No 3667/93 ('), generalized tariff preferences
    in particular in respect of finished and semi-finished                              Whereas a s a consequence of Council Regulation                                     EC) N*
    industrial and textile products originating in countries                                   / 9 4 of           t h e advantages accrued from the g e n e r a l i s e d
    benefiting from generalized preferences ;                                            scheme of p r e f e r e n c e s for the Republic of Korea have been
                                                                                         withdrawn for t e x t i l e products covered by the M u l t i f i b r e
                                                                                        Agreement.
    Whereas certain products covered by the system of fixed
    duty-free amount, ceilings or other tariff measures, being                          Whereas i t Is appropriate, however, t o exclude from the
    the subject of contracts for sale in the course of these                            scope of t h i s Regulation c e r t a i n products o r i g i n a t i n g in
    fairs, might not be able to benefit from the preferences if                         given beneficiary countries;
    the tariff quotas or fixed duty-free amounts are used up or
    the collection of customs duties is re-established for                          :   Whereas d e c l a r a t i o n s of r e l e a s e Into f r e e c i r c u l a t i o n
                                                                                    I   submitted w i t h a view t o the importation of the products
    products subject to ceiling limits before the opening date
                                                                                    I   In q u e s t i o n should be accompanied by the c e r t i f i c a t e of
    of the abovementioncd fairs; whereas it is important,                           I   o r i g i n and t h e c o n t r a c t concluded a t the relevant f a i r ,
    therefore, to provide additional latitude to countries bene-                   I    t h e l a t t e r c e r t i f i e d by the competent a u t h o r i t i e s of the
    fiting from generalized preferences to enable them to                         |     Member S t a t e where i t I s held;
                                                                                  i
                                                                                       Whereas the a u t h o r i t i e s of the Member S t a t e s must s e e t o
    111   OJ  No L 370.   31.12.1990,-p.1.                                              i t that c e r t i f i c a t i o n of the contracts, concluded a t f a i r s
    C2)   OJ  No L 370.   31.12.1990. p.39.                                            h e l d on t h e i r t e r r i t o r y does not exceed the authorized
    (3)   OJ  No L 338.   31.12.1993. p. 22.                                           supplementary q u a n t i t i e s ;
    (4)   OJ  No L 338.   31.12.1993. p . 1 .
                                                                                       Whereas t h e method of administration adopted requires the
                                                                                 , c l o s e cooperation between t h e Member S t a t e s and the
                                                                                       Commission,
^'^^^^mMèiÊ^Êâ^M^M^^^î;^^
 ---pagebreak---                                                                                                                                                1
     HAS ADOPTED THIS REGULATION :                                                                     Article     4
                               Article   I                            The following shall be excluded                       from       the benefits
                                                                      afforded by this Regulation :
     1.    From S June 1994 to 31 December 199*7supple-
     mentary Community tariff preferences shall be opened,            — textile products falling within categories I, 2, 3, 4, 5, 6,
    subject to Article 3, for the importation of products :                  7 and 8 appearing in Annex I to Regulation (EEC)
                                                                             No 3832/90 and originating in countries subject to
    — mentioned in Annex               1   to Regulation     (EEC)           the fixed duty-free amount as indicated in the said
         No 3831/90. or                                                      Annex.
    — mentioned in Annexes I and II to Regulation (EEC)             - t e x t i l e products appearing in Annex I to Regulation
         No 3832/90.                                                (EEC) N* 3832/90 and o r i g i n a t i n g in South Korea.
    provided these products originate in one of the countries       - products appearing in the Annex t o t h i s Regulation and
    or territories benefiting from the preferences referred to      o r i g i n a t i n g in the c o u n t r i e s i n d i c a t e d .
    in the Annexes to those Regulations and have been exhi-                                            Article     5
    bited by the exporting countries at the Berlin 'Partners in
    Progress* Fair and have been the subject there of sales
    contracts.                                                        The German authorities shall forward to the Commission,
                                                                      not more than seven days after the end of the Berlin
    2.     The supplementary preferences referred to in para-         'Partners in Progress* Fair, a list of certified contracts indi-
    graph I shall be 6 % of the duty-free amounts or ceiling          cating the nature and value or the quantity, whichever is
    fixed for each product or group of products in Regula-            appropriate, of the goods in question and the names and
    tions (EEC) No 3831/90 and No 3832/90.                            addresses of the exporters and importers. The Commis-
                                                                      sion shall send a copy of this list to the authorities of the
    3.     Within the framework of the supplementary prefe-           other Member States.
    rences referred to in paragraph 1, the Common Customs
    Tariff duties shall be totally suspended. Application of the
    tariff preferences shall be subject to submission of a certi-
    ficate of origin. Form A, and the contract.                                                        Article     6
                                                                      Member States shall forward to the Commission, within
                               Article   2                            two weeks of the end of each quarter, the list of the
                                                                      amounts charged during the reference quarter in accor-
    1.     Declarations of the release into free circulation of
                                                                      dance with the provisions of this Regulation.
    the products in question must bo Accompanied by the
    certificate of origin and by the contract concluded at the
    Berlin 'Partners in Progress' Fair, the latter certified by the
    competent German authorities.                                                                      Article     7
    2.     The German authorities shall see to it that the total
                                                                      Member States and the Commission shall cooperate
    amount covered by certified contracts does not exceed the
                                                                      closely to ensure compliance with this Regulation.
    limits fixed in Article I (2).
                               Article J
                                                                                                       Article     8
    Those provisions of Regulations (EEC) No 3831/90 and
    No 3832/90 relating to the application of generalized             This Regulation shall enter into force on the third day
    tariff preferences which concern beneficiary countries and        following that of its publication in the Officiel/ Journal of
    the concept of originating products shall be applicable.           the European            Communities.
                      This Regulation shall be binding in its entirety and directly applicable in all Member
                      States.
                      Done at Brussels,
                                                                                         For t/>e Council
                                                                                          'Pie  President
Mê^^&^^mAém&^^^^
 ---pagebreak---                                                                                                                                         s
                                                                   ANNEX
                        List of products/countries excluded from the benefit of this Regulation
  Order        CN/Tiric                                                D o cripi ion                                  Country concerned
    No            code
 10.0110  2902 50 00           Styrene                                                                             Saudi Arabia
 10.0400  3102 tO 10           Urea .containing more than 4 5 % by weight of nitrogen on the dry anhy-              Libya
                               drous product
 10.0440  3806 10 10           Resin, obtained f r o m fresh oleoresins                                            China
 10.0480  3923 21 00           Sacks and bags (including cones) :                                                  Hong Kong
                                                                                                                   Singapore
                               — O f polymers of ethylene
10.0510  4011      1000       O t h e r pneumatic tyres and tubes                                                  South Korea
         4011     20
         4011     3Ô90
         4011     91
         4011 99
         40121030
         4012     10 50
         4012     10 80
         4012     20 90
         4012     90
         4013 10
         4013 90 90
10.0520  4104 10V5            Leather of bovine or equine animals, without hair o n , other than leather           Brazil
         4104 I 0 V V         lulling within C N code 4 I 0 K ot 410V
         4104 31 11
                               — W h o l e bovine skin leather, of a unit surface area not exceeding 28 square
         4 1 0 4 3 1 19
                                   feet (2.6 m')
         4104 31 30
         4104 31 90                     Other
         4104 39 10
                               — — — Otherwise           prepared
         4104 39 90
                               — O t h e r bovine leather and equine leather, parchment-dressed or prepared
                                   after tanning
10 0560  4202     12 11       T r u n k s , suit-cases, vanity cases, executive cases, briefcases, school satchels South Korea
         4202    12  19       and similar containers :
         4202    22  10
                               — W i t h outer surface of plastics or of textile materials :
         4202    32  10
         4202    92  11        — — I n the form of plastic sheeting
         4202    92  IK
                              Handbags, whether or not with shoulder straps, including those without
                              handles :
                              — W i t h outer surface of plastic sheeting or of textile materials :
                              — — O f plastic sheeting
                              Articles of k i n d normally carried in the pocket or in the handbag :
                              — W i t h outer surface of plastic sheeting or of textile materials:
                              — — O f plastic sheeting
                             Other, w i t h outer surface of plastic sheeting or of textile materials :
                              — O f plastic sheeting':
                              — — Travelling bags, toilet bags, rucksacks and sportbags
                              — — Musical instrument cases
                                        Other
 ---pagebreak--- v '
1
                                '                     ' . ' • • . ' '                   '     • • . • • • •    •- -.-         -•• • »'.••
                                                                                                                                   .        i
  • : .          •     .      .   .                                '                                                              '       G
          Order        CN/T.cc                                         Description                                       Country concerned
           No            code
         10.0570    4202 11         Trunks, suit-cases, vanity cases, executive cases, brief cases, school satchels    Brazil
                    4202 12 91      and similar containers                                                            China
                    4202 12 99                                                                                        Hong Kong
                                    — With outer surface of leather, of composition leather or of patent leather
                    4202 19 90
                    4202 21 00      — With outer surface of plastics or of textile materials
                    4202 22 90      — — Of other materials, including vulcanized fibre
                    4202 29 00
                    4202 3100              Other
                    4202 32 90      Articles of a kind normally carried in the pocket or in the handbag
                    4202 39 00
                    4202 91         — With outer surface of leather, of composition leather or of patent leather
                    4202 92 91      - With outer surface of plastic sheeting or of textile materials
                    4202 92 98
                   4202 99 00       -   — Of textile materials
                                             Other
                                   Other
                                    — With outer surface of leather, of composition leather or of patent leather
                                    - With outer surface of plastic sheeting or of textile materials
                                    - Other
                                    -   - Musical instrument cases
                                             Other
        10.0630    4412            Plywood, veneered panels and similar laminated wood                                Brazil
                                                                                                                      South Korea
                   4420 90 11      Wood marquetry                                                                     Indonesia
                   4420 90 1V      and inlaid wood                                                                    Malaysia
                                                                                                                      Singapore
        10.0660    6401            Waterproof footwear with outer soles and tippers of rubber or of plastics, the     South Korea
                                   uppers of which are neither fixed to the sole nor assembled by stitching,          Hong Kong
                                   riveting, nailing, screwing, plugging or similar processes                         Indonesia
                                                                                                                      Thailand
                   6402            Other footwear with outer soles and uppers of rubber or plastics
        10.0670    6403            Footwear with outer soles of rubber, plastics, leather or composition leather      Brazil
                                   and uppers of leather                                                              Hong Kong
                                                                                                                      Indonesia
                                                                                                                      South Korea
                                                                                                                      Thailand
        10.0680    6404            Footwear with outer soles of rubber, plastics, leather or composition leather,     Hong Kong
                                   and uppers of textile materials                                                    Indonesia
                                                                                                                      South Korea
                   6405 90 10      Other footwear, with outer soles of rubber, of plastics, of leather or of          lltailand
                                   composition leather
        10.0690    6405 10 90      Other footwear, with outer soles of other materials                                China
                   6405 20 91
                   6405 20 99
                   6405 90 90
        10.0700    6601            Umbrellas and sun umbrellas (including walking-stick umbrellas, garden             Hong Kong
                                  umbrellas and similar umbrellas)
 ---pagebreak--- VïSïS
      ^^^^^mmf^wmt%m-                                         ca^aBE** ; ^^§%#tt;% ^m^m^^M* ? •*.
         Ordri      CN/T»in                                              l)«r»itiptiort                                   Country comerncd
           No          «.odr
        10.0740  6912 00 50         Ceramic tableware, kitchcnware. other household articles and toilet articles,      South Korea
                                    of earthenware or fine pottery
        10.0750  6913               Statuettes and other ornamental ceramic articles                                   South Korea
        10.0800  7117 19 10         Imitation jewellery                                                                South Korea
                 7117 1 9 9 1
                                     - O f base metal, whether or not plated wi»h precious metal
                 7117 1 9 9 9
                 7117 90 0 0 * 9 0  -   -  Others
                                    -  Others excluding imitation jewellery of leather or composition leather or
                                       of- wood
        10.0950 8211 1 0 0 0        Knives with cutting blades, serrated or not (including pruning knives), other      H o n g Kong
                8211 91 30         than knives falling w i t h i n C N code 8 2 0 8 , excluding knives with handles of
                8211 91 80         base metal
                8211 92 90
                8211 9 1 90
       10.0980  8414 10 30         Air or vacuum pumps and air or gas compressors                                      Brazil
                8414 10 50                                                                                             Singapore
                8414 10VO
                8414 20 91
                8414 20 99
                8414 30 30
                8414 30 91
                8414 30 99
                8414 40
                8414 80 21
                8414 80 29
                8414 80 31
                8414 80 39
                84148041
                8414 80 49
                8414 80 60
                8414 80 71
                8414 80 79
                8414 80 90
       10 0990  8452 10            Sewing machines, other than book-sewing machines falling within C N todc            Brazil
                8452 21 00         8440
                8452 29 00
       10.1010  8471  10  90       Automatic data-processing machines and units thereof magnetic or optical            South Korea
                8471  20  20       readers, machines for transcribing data into data media in code               form,
                8471  20  80       machines for processing such data, not elsewhere specified or included,
                8471  91  80       other than for use in civil aircraft
                8471   92 20
                8471   92 40
                8471   92 80
                8471   93 40
                8471   93 51
                8471   93 59
                8471   93 GO
                8471   93 90
                8471    99.10
                8471    99 80
 ---pagebreak--- ?*>;••'•
                                      ^vffiŒJjB^
                                                                                                                 .) ••.''•:•.«.-•.i.-r:
                                                                                                                                        r;
            Order        CN/T.ric                                     Description                                      Country concerned
              No         . code
           I0.I0.S2   8521           Video recording or reproducing apparatus                                      South Korea
           10.1053    8523          Prepared unrecorded media for sound recording or similar recording of          South Korea
                                    other phenomena other than products of Chapter 37
                      8524          Records, tapes and other recorded media for sound or other similarly
                                    recorded phenomena, including matrices and masters for the production of
                                    records but excluding products of Chapter 37
          10.1055     8528  10 14   Television receivers (including video monitors and video projectors) whether   Hong Kong
                      8528  10 16   or not combined in the same housing, with radio-broadcast receivers or         Singapore
                     8528   10 18   sound or video recording or reproducing apparatus                              South Korea
                     8528   10 22    — Colour
                     8528   10 28
                     8528   10 52   — — Television projection equipment
                     8528   10 54   — Apparatus incorporating a videophonic recorder or reproducer
                     8528   10 56
                     8528           — — Television receivers with integral tube
                            10 58
                     8528   10 62
                     8528   10 66
                     8528  10 72
                     8528  10 76
          10.1060    8527 11       Reception apparatus for radio-telephony, radio-telegraphy or radio-             Hong Kong
                     8527 21       broadcasting, whether or not combined in the same housing with recording       Singapore
                     8527 29 00    or reproducing apparatus or a clock                                            South Korea
                     8527 31
                     8527 32 90
                     8527 39
                    8527 90 91
                     8527 90 99
                    8528   10 31  Television receivers (including video monitors and video projectors),
                    8528   10 41   whether or not combined in the same housing with radio-broadcast recei-
                    8528   10 43  vers or sound or video recording or reproduction apparatus, excluding video
                    8528   10 49   recording or reproducing apparatus incorporating a video tuner and goods
                    8528   10 81.  falling within CN codes 8528 10 14. 8528 10 16. 8528 10 18. 8528 10 22,
                    8528   10 89   8528 10 28. 8528 10 52. 8528 10 54. 8528 10 56. 8528 10 58. 8528 10 62.
                    8528   10 91   8528 10 66. 8528 10 72 and 8528 10 76
                    8528   10 98
                    8528   20
                    8529 10   20
                    8529 10   31
                    8529 10   39
                    8529 10   40
                    8529 10   50
                    8529 10   70
                    8529 10   90
                    8529 90   70
                    8529 90   98
         10.1094    8540 II       Cathodc-roy television picture tubes including video monitor cathode-ray       South Korea'
                                  tubes
                                  — Colour
 ---pagebreak---                                                                                            mm^m^^^^m^mmm
 Order     CN/Taric                                      Description                                        Country concerned
   No        code •
10.1110 8540 9100     Thermonic, cold cathode or photocathoac valves and tubes                             Hong Kong
        8540 99 00                                                                                        Singapore
                       - Parts
        8541  10
        8541 21
        8541 29
        8541 30
        8541 40 10
        8541 50       Diodes, transistors, and similar semiconductor devices, light emitting diodes
        8541 90 00
        8542
10.1120 8703 21 10    Motor vehicles, new. of a cylinder capacity not exceeding 3 000 cm'                 South Korea
        8703 22 11
        8703 22 19    Electric integrated circuits and microassemblics
        8703 23 11
        8703 23 19
        8703 31 10
        8703 32 11
        8703 32 19
        8703 33 11*10
        8703 33 19*10
        8703 90 90*11
10.1300 9503          O'hcr toys, reduced size (scale) models and similar recreational models             South Korea
                      working or not. puzzles of all sorts
                                                                         • jj-ynii :> :<><ax>^:vi^:?^^^>«aWi<aiftv:>   Irifrwwiiiwi^^ai*.*;
 ---pagebreak---                                                                      "/c,
                                                                     ISSN 0254-1475
                                                              COM(94) 149 final
                                                      DOCUMENTS
EN                                                                          i l 02
                                 Catalogue number : CB-CO-94-155-EN-C
                                                             ISBN 92-77-67702-3
Office for Officiai Publications of the European Communities
L-2985 Luxembourg