CELEX: 31974R3045
Language: en
Date: 1974-12-02 00:00:00
Title: Regulation (EEC) No 3045/74 of the Council of 2 December 1974 opening, allocating and providing for the administration of Community tariff quotas for certain cotton textiles and like products originating in developing countries

9 . 12. 74                           Official Journal of the European Communities                              No L 329/ 1
                                                            I
                                         (Acts whose publication is obligatory)
                              REGULATION (EEC) No 3045/74 OF THE COUNCIL
                                                  of 2 December 1974
               opening, allocating and providing for the administration of Community tariff quotas
                    for certain cotton textile and like products originating in developing countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        Whereas, however, in respect of cotton textile products
                                                                formerly covered by the long-term arrangement regard­
                                                                ing international trade in cotton textiles, the offer
Having regard to the Treaty establishing the Euro­              made by the Community lays down that the prefer­
pean Economic Community;                                        ences in the form of duty-free ceilings normally calcu­
                                                                lated according to the formula set out in the preceding
                                                                recital, will be granted to the countries enjoying
Having regard to the proposal from the Commission ;             generalized preferences which are signatories to the
                                                                long-term arrangement or possibly to those countries
                                                                which undertake vis-a-vis the Community commit­
                                                                ments similar to those existing under that arrange­
Whereas, within the context of UNCTAD, the Euro­                ment and for the duration of the said arrangement;
pean Economic Community offered to grant tariff                 whereas the arrangement expired on 30 September
preferences on finished and semi-finished products              1973 and was extended to 31 December 1973 ;
coming from developing countries ; whereas the pre­             whereas, as in 1974 and on a transitional basis, it may
ferential treatment proposed in that offer covers,              be anticipated that the countries concerned thereby
 generally speaking, all finished and semi-finished             will , for 1975 , adopt measures with equivalent aims,
industrial products covered by Chapters 25 to 99 of             pending application of the arrangement regarding
the Brussels Nomenclature which originate in devel­             international trade in textiles ( 1 ); whereas it is appar­
oping countries ; whereas the preference consists in            ent that only imports from these countries are to
the granting of exemption from customs duties ;                 form the basis for calculating the abovementioned
whereas preferential imports are effected up to the             ceilings ; whereas, with particular regard to the link
level of ceilings calculated by value in respect of each        which Article 6 of the said long-term arrangement
product on the basis of factors which are uniform               establishes between cotton products and substitute
for all the products ; whereas, in order that the               products, it appears justified in these circumstances
preferences granted to the most competitive devel­              and by virtue of the fact that a total suspension of
oping country or countries should be restricted and             customs duties is involved to include in the same
that a substantial share should be reserved for the             scheme as that described above those substitute textile
least competitive, preferential imports from any one            products given in the conditional list of partial and
developing country in respect of a given product                limited reductions of customs duties deposited with
should not, as a general rule, exceed 50% of the                GATT by the Community during the last series of
ceiling fixed for that product;                                 tariff negotiations ; whereas, moreover, in view of the
                                                                special nature which trade in the products concerned
                                                                may have, it appears expedient, wherever this is
Whereas, in the offer made by the Community, the                justified by the particular sensitivity of the product,
annual ceilings should normally be calculated on the            to determine in terms of tonnages the ceilings for the
basis of total value for 1968 of cif imports from the           preferential imports of such products, taking due
countries benefiting from this scheme, excluding those          account of deliveries effected during 1968 by the
already enjoying various preferential tariff arrange­           beneficiary countries alone ; whereas, moreover,
ments granted by the Community (basic amount)
plus 5% of the value of cif imports from the other
countries and from the countries already enjoying
such arrangements ( additional amount);                         O OJ No L 118 , 30 . 9 . 1974, p. 1 .
 ---pagebreak---   No L 329/2                           Official Journal of the European Communities                              9 . 12 . 74
 particularly in view of the high level of deliveries of           will again prevail in 1975 , so that such improvement
 the textiles in question to the Community by the                 can be effected only by means of a flat-rate increase
 third countries concerned, it appears appropriate,                of 5% in the ceilings fixed for 1974 ;
 except in particular instances, to restrict preferential
  imports from any single beneficiary country to 30 %
 of the ceiling laid down for each category of textile            Whereas it is expedient, therefore, in respect of the
 products concerned ;                                             products referred to in Annex A which originate in
                                                                  the countries listed in Annex B, that the Community
                                                                  should open, for 1975, duty-free Community tariff
 Whereas the offer made by the Community includes                 quotas within the limits of the amounts in metric
 a clause stating that the Community drew up the                  tons given in respect of each of these products ;
 offer on . the assumption that all the main industrial­
 ized countries which are members of the OECD
 would participate in granting preferences and would              Whereas charges against each of these tariff quotas
 make similar efforts in this direction; whereas, more­           must, in respect of the products originating in any
 over, it is evident from the conclusions worked out              of the abovementioned countries, come within a
 in UNCTAD that this offer, while being of a tem­                 specified percentage of the amount of the quota ;
 porary nature, does not constitute a binding commit­             whereas the benefit of such tariff quotas should be
 ment and, in particular, may be withdrawn wholly                 reserved for products originating in the countries
 or in part at a later date ; whereas this possibility may        under consideration, the concept of 'originating prod­
 be adopted inter alia with a view to remedying any               ucts' being determined in accordance with the pro­
 unfavourable situations which might arise in the                 cedure laid down in Article 14 of Council Regulation
 associated countries following the implementation of             (EEC) No 802/68 (2) of 27 June 1968 on the common
 the generalized preference scheme ;                              definition of the concept of the origin of goods ;
 Whereas, moreover, the conference of Heads of State              Whereas it is necessary to ensure equal and con­
 or of Government of the Member States and the                    tinuous access for all Community importers to the
 States acceding to the European Communities held                 abovementioned quotas and the uninterrupted appli­
 in Paris from 19 to 21 October 1972 invited the                  cation of the rate laid down for those quotas to all
 Community institutions and the Member States pro­                imports of the products concerned into all Member
 gressively to adopt an overall policy of development            States until those quotas are used up ; whereas, having
cooperation on a world-wide scale comprising in                  regard to the principles defined above, the Commu­
 particular the improvement of generalized preferences           nity nature of the quotas can be respected by allo­
 with the aim of achieving a steady increase in imports          cating the Community tariff quota among Member
 of manufactures from the developing countries ;                 States ; whereas, moreover, to this end and in the
                                                                 context of the utilization system, the actual charges
                                                                 against the quotas may relate only to goods which
                                                                 are entered for home use and which are accompanied
 Whereas tariff preferences have been applied from               by a certificate of origin ;
the second half of 1971 under the conditions set out
above and whereas these preferences should continue
to be applied thoughout 1975 ;
                                                                 Whereas the application of the generally accepted
                                                                 principles in respect of the allocation of the Com­
                                                                 munity tariff quotas Which have been opened until
Whereas, in accordance with Protocol 23 to the Act               now entails, under these circumstances and in view
of Accession ( 1 ), the generalized tariff preferences           of the variety of the products concerned and in view
scheme will be fully applicable in the new Member                of the fact that the benefiting countries are specified,
States from 1 January 1974;                                      calculations which are all the more problematic in
                                                                 that the statistical data required sometimes prove to
                                                                 be incomplete or not sufficiently accurate or repre­
Whereas in respect of textile products, the complexity           sentative; Whereas the time required for these cal­
of the measures to be implemented, combined with                 culations cannot be reconciled with the continuity
the abovementioned aim of improving the generalized              necessary for the application of the tariff preferences
preferences, could in 1974 be overcome only by                   concerned ; whereas, under these conditions, it would
means of a flat-rate increase of some 50% in the                 be advisable still at this stage to adopt a fixed scale
ceilings fixed for 1973 ; whereas the same situation             for allocating the Community tariff quotas concerned
(*) OJ No L 73 , 27. 3 . 1972 , p. 14.                           (2) OJ No L 148 , 28 . 6. 1968 , p. 1 .
 ---pagebreak---  9 . 12 . 74                         Official Journal of the European Communities                             No L 329 /3
 among the Member States ; whereas, using as a basis             HAS ADOPTED THIS REGULATION :
 general economic criteria relating to external trade,
 in textiles, the gross national product and population,                                  Article 1
 the percentages for the initial shares of the Member
 States in the quota amounts are as follows for the
 quota year under consideration :                                1 . From 1 January to 31 December 1975 the
                                                                Common Customs Tariff duties and the tariff duties
                                                                of the new Member States on the products listed
           Germany                            27%               in Annex A shall be completely suspended within
                                                                the framework of Community tariff quotas of vol­
           Benelux                            10%               umes which shall be expressed in metric tons and
                                                                which shall be indicated against each product in
            France                            19%               column 3 of that Annex .
           Italy                              14%
                                                                Ireland is authorized to apply customs duties equal
           Denmark                              7%              to the duties it applied in respect of the same pro­
                                                                ducts vis-a-vis Member States other than the United
           Ireland                              1%              Kingdom.
           United Kingdom                     22%
                                                                2 . These tariff quotas shall be enjoyed solely by
                                                                products originating in the countries listed in Annex
                                                                B. However, those imports which already enjoy
 Whereas, without affecting the Community nature                exemption from customs duties under other prefer­
 of the tariff quotas under consideration, it appears           ential tariff arrangements granted by the Community
 possible to provide at this stage for a utilization            may not be charged against these tariff quotas . For
 scheme based on a single allocation among the                  the purposes of this Regulation, the concept of ori­
Member States ; whereas, moreover, the allocation               ginating products shall be determined in accordance
 set out by this Regulation in no way prejudices the            with the procedure laid down in Article 14 of Regu­
 possibility of adopting the general method of allo­            lation (EEC) No 802/68 .
cation of Community quotas comprising the setting
up of a reserve share ; whereas implementation of
this principle in this particularly sensitive sector can,       3 . The amount to be charged in respect of each
however, take place only progressively, yet must                country referred to in paragraph 2 against each of
 remain attuned to the methods of administration                the tariff quota amounts mentioned above shall be
 laid down in the general framework of the generalized          limited to the maximum amount given as a percen­
tariff preference scheme ; whereas at the present junc­         tage and in metric tons in column 4 of Annex A
ture it appears feasible that such allocation could as          against each category of products.
a rule be made according to the percentages set out
in the table above ; whereas, however, one of the
new Member States, the Kingdom of Denmark, has                  4 . Any amendment to Annex B , in particular by
for a number of years been importing relatively                 the addition of new countries enjoying tariff pre­
large quantities of certain cotton yarns and woven              ferences, may entail a corresponding adjustment to
fabrics falling within heading Nos ex 55.05 and                 the volumes of the quotas and to the maximum
 ex 55.09 of the Common Customs Tariff from a                   amounts appearing in columns 3 and 4 of Annex A.
number of developing countries and has therefore
ceased to produce the articles in question ; whereas
this special situation should temporarily be taken                                        Article 2
into account and this Member          State    should  be
granted an increased share without restricting the
access thereto of countries benefiting from                     1 . The Community tariff quotas referred to in Ar­
generalized preferences ;                                       ticle 1 shall be allocated in shares which shall be,
                                                                for each Member State, the amounts corresponding
                                                                to quantities shown in column 5 of Annex A against
                                                                each category of products .
Whereas since the Kingdom ot Belgium, the King­
dom of the Netherlands and the Grand Duchy of                   2 . The shares allocated to Denmark for certain pro­
Luxembourg are united in and represented by the                 ducts falling within heading Nos ex 55.05 and ex
Benelux Economic Union, all transactions concern-,              55.09 shall be increased by an amount determined
ing the administration of the shares allocated to               in a footnote to Annex A.
the Benelux Economic Union may be carried out
by any one of its members,                                      Article 1 (3 ) shall not apply to such an increase.
 ---pagebreak--- No L 329 /4                         Official Journal of the European Communities                               9 . 12 . 74
                        Article 3                              Community tariff quotas reach me maximum
                                                               amount laid down in column 4 of Annex A, the
1 . The Member States shall ensure free access to              Commission shall immediately notify the Member
the shares which have been allocated to them for               States of the date on which, as a result of this
importers of the said goods established in their               factor, the normal tariff is to be re-introduced in
territory.                                                     respect of the country in question. This notification
                                                               shall be published in the Official Journal of the
2. The extent to which a Member State used up                  European Communities .
its share shall be determined on the basis of the
imports of the said goods which have been entered                                      Article 5
for home use, and which are accompanied by a cer­
tificate of origin in accordance with the rules referred
to in Article 1 ( 2).                                          Member States shall inform the Commission at regu­
                                                               lar intervals of imports of the products in question
3 . Goods shall qualify for a tariff quota only if             actually charged against their share.
the certificate of origin referred to in paragraph 2
is submitted before the date on which the levying                                      Article 6
of duties is re-introduced .
                                                               Member States and the Commission shall cooperate
                         Article 4                             closely to ensure that the above Articles are observed.
The Commission shall take all necessary measures
                                                                                       Article 7
to ensure that the maximum amount referred to in
Article 1 (3 ) is observed. When the charges, at Com­
munity level, of products originating in each of the           This    Regulation     shall   enter   into   force      on
countries listed in Annex B, against any one of the            1 January 1975 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 2 December 1974.
                                                                                      For the Council
                                                                                       The President
                                                                                  J. SAUVAGNARGUES
 ---pagebreak--- 9 . 12 . 74                                      Orficial Journal of the European Communities                                    No L 329/5
                                                                         ANNEX A
                    List of products subject to zero-duty Community tariff quotas under the generalized tariff prefe­
                                                        rences granted to developing countries
                                                                                           Maximum amount
             CCT                                                                  Quota       per country
                                                                                 amount in                      Volume of shares allocated to
            heading                            Description                                        <4
  Order                                                                           metric                       Member States in metric tons
    No        No
                                                                                    tons
                                                                                                      metric
                                                                                            %
                                                                                                       tons
               ( 1)                                 2                                (3)                                      5)
              55.05        Cotton yarn, not put up for retail sale :
                           B. Other :
                              II. Not specified :
                                   Single, measuring per kg :
     1                             — 14 000 m or less                              1 189   30            357  Germany                   321-03
                                                                                                              Benelux                    118-90
                                                                                                              France                     225-91
                                                                                                              Italy                      166-46
                                                                                                              Denmark                      83-23
                                                                                                              Ireland                      11-89
                                                                                                              United Kingdom             261-58
     2                                  More than 14 000 m and up
                                        to 40 000 m                                4 488   30          1 346  Germany                 1 211-76
                                                                                                              Benelux                    448-80
                                                                                                              France                     852-72
                                                                                                              Italy                      628-32
                                                                                                              Denmark (x)                314-16
                                                                                                              Ireland                      44-88
                                                                                                              United Kingdom             987-36
     3                                  More than 40 000 m and up
                                        to 80 000 m                                1 544    30            463 Germany                    416-88
                                                                                                              Benelux                    154-40
                                                                                                              France                     293-36
                                                                                                              Italy                      216-16
                                                                                                              Denmark (2)                108-08
                                                                                                              Ireland                      15-44
                                                                                                              United Kingdom             339-68
     4                                  More than 80 000 m and up to
                                        120 000 m                                     221   30             66 Germany                      59-67
                                                                                                              Benelux                      22-10
                                                                                                              France                       41-99
                                                                                                              Italy                        30-94
                                                                                                              Denmark                      15-47
                                                                                                              Ireland                       2-21
                                                                                                              United Kingdom               48-62
              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 :
     5                                  — Unbleached                                  804   30            241 Germany                    217-08
                                                                                                              Benelux                      80-40
                                                                                                              France                      152-76
                                                                                                              Italy                       112-56
                                                                                                               Denmark                     56-28
                                                                                                               Ireland                       8-04
                                                                                                               United Kingdom             176-88
l1) Pursuant to Article 2 (2), this share is increased by 1 100-82 metric tons .
(2) Pursuant to Article 2 (2), this share is increased by 597-01 metric tons .
 ---pagebreak---  No L 329 /6                                       Official Journal of the European Communities                                       9 . 12 . 74
                                                                                            Maximu m    amount
               CCT                                                                 Quota       per c ountry
                                                                                  amount in                       Volume of shares allocated to
   Order     heading                             Description                                         4)
                                                                                   metric                         Member States in metric tons
     No         No
                                                                                    tons
                                                                                                         metric
                                                                                             %
                                                                                                          tons
                d)                                    (2)                            (3 )                                      (5)
              55.09             II . Other :
            (cont'd)
                                     — Unbleached , of a width of :
      6                                  — 85 cm to 115 cm                         4 017    30           1 205  Germany                1 084-59
                                                                                                                Benelux                   401-70
                                                                                                                France                    763-23
                                                                                                                Italy                     562-38
                                                                                                                Denmark                   281-19
                                                                                                                Ireland                    40-17
                                                                                                                United Kingdom            883-74
      7                                  — More than 115 cm and up
                                              to 165 cm                            2 442    30              733 Germany                   659-34
                                                                                                                Benelux                   244-20
                                                                                                                France                    463-98
                                                                                                                Italy                     341-88
                                                                                                                Denmark (x)               170-94
                                                                                                                Ireland                    24-42
                                                                                                                United Kingdom            537-24
      8                                  — More than 165 cm                          788    30             236  Germany                   212-76
                                                                                                                Benelux                    78-80
                                                                                                                France                    149-72
                                                                                                                Italy                     110-32
                                                                                                                Denmark                    55-16
                                                                                                                Ireland                     7-88
                                                                                                                United Kingdom            173-36
      9                              — Not specified                                 332    30              100 Germany                    89-64
                                                                                                                Benelux                    33-20
                                                                                                                France                     63-08
                                                                                                                Italy                      46-48
                                                                                                                Denmark (2)                23-24
                                                                                                                Ireland                     3-32
                                                                                                                United Kingdom             73-04
          ex 60.03        Stockings , under stockings , socks ankle­
                          socks , sockettes and the like, knitted or
                          crocheted, not elastic or rubberized :
     10                   — Of cotton                                                174    30               52 Germany                    46-98
                                                                                                                Benelux                    17-40
                                                                                                                France                     33-06
                                                                                                                Italy                      24-36
                                                                                                                Denmark                    12-18
                                                                                                                Ireland                     1-74
                                                                                                                United Kingdom             38-28
               61.01      Men's and boys' outer garments :
     11                   — In woven fabrics of cotton                               210    30               63 Germany                    56-70
                                                                                                                Benelux                    21-00
                                                                                                                France                     39-90
                                                                                                                Italy                      29-40
                                                                                                                Denmark                    14-70
                                                                                                                Ireland                     2-10
                                                                                                                United Kingdom             46-20
(*) Pursuant to Article 2 (2), this share is increased by 787'1B metric tons .
( a) Pursuant to Article 2 (2), this share is increased by 1 177-88 metric tons .
 ---pagebreak--- 9 . 12 . 74                              Official Journal of the European   Communities                              No L 329/7
                                                                              Maximu m amount
              CCT                                                   Quota         per ountry
                                                                  amount in                          Volume of shares allocated to
            heading}                    Description                                   4)
 Order                                                              metric                          Member States in metric tons
   No          No
                                                                     tons
                                                                                         metric
                                                                                %
                                                                                          tons
               (D                           (2)                       (3 )                                       (3)
   12        61.01   — Others                                          210     30             63  Germany                     56·70
           (cont'd)                                                                               Benelux                     21*00
                                                                                                  France                      39-90
                                                                                                  Italy                       29-40
                                                                                                  Denmark                     14-70
                                                                                                  Ireland                      2-10
                                                                                                  United Kingdom              46-20
              61.02  Women's , girls' and infants' outer gar­
                     ments :
    13               — In woven fabrics of cotton                     210      30             63  Germany                     56-70
                                                                                                 Benelux                      21-00
                                                                                                 France                       39-90
                                                                                                  Italy                       29-40
                                                                                                  Denmark                     14-70
                                                                                                  Ireland                      2-10
                                                                                                  United Kingdom              46-20
   14                — Others                                         210      30            63  Germany                      56-70
                                                                                                 Benelux                      21-00
                                                                                                 France                       39-90
                                                                                                 Italy                        29-40
                                                                                                 Denmark                      14-70
                                                                                                 Ireland                       2-10
                                                                                                 United Kingdom               46-20
              61.03  Men's and boys' under garments, inclu­
                     ding collars, shirt fronts and cuffs :
   15                — In woven fabrics other than cotton               210    30            63  Germany                      56-70
                                                                                                 Benelux                      21-00
                                                                                                 France                       39-90
                                                                                                 Italy                        29-40
                                                                                                 Denmark                      14-70
                                                                                                 Ireland                       2-10
                                                                                                 United Kingdom               46-20
              62.02  Bed linen , table linen , toilet linen and
                     kitchen linen , curtains and other fur­
                     nishing articles :
   16                — In woven fabrics of cotton                     174     30             52  Germany                     46-9 8
                                                                                                 Benelux                      17-40
                                                                                                 France                       33-06
                                                                                                 Italy                        24-36
                                                                                                 Denmark                      12-18
                                                                                                 Ireland                       1-74
                                                                                                 United Kingdom               38-28
   17                — Other                                            92     30            28  Germany                      24-84
                                                                                                 Benelux                       9-20
                                                                                                 France                       17-48
                                                                                                 Italy                        12-88
                                                                                                 Denmark                       6-44
                                                                                                 Ireland                       0-92
                                                                                                 United Kingdom              20-24
 ---pagebreak--- No L 329/8                       Official Journal of the European Communities                                9 . 12. 74
                                                      ANNEX B
           List of developing countries benefiting under generalized tariff preferences from certain textile
                                                       products
                                                   Afghanistan
                                                   Argentina
                                                   Bangladesh
                                                   Colombia
                                                   Egypt , Arab Republic of
                                                   El Salvador
                                                   India
                                                   Indonesia
                                                   Jamaica
                                                   Korea (South)
                                                   Malaysia
                                                  Mexico
                                                   Pakistan
                                                  Philippines
                                                  Sri Lanka
                                                  Thailand
                                                  Vietnam , Republic of