CELEX: 31975R1213
Language: en
Date: 1975-05-07 00:00:00
Title: Regulation (EEC) No 1213/75 of the Council of 7 May 1975 establishing in respect of certain products falling within heading Nos 09.04 and 15.07 of the Common Customs Tariff a scheme of generalized preferences in favour of developing countries

No L 124/22                        Official Journal of the European Communities                               15 . 5 . 75
                              REGULATION (EEC) No 1213/75 OF THE COUNCIL
                                                    of 7 May 1975
               establishing in respect of certain products falling within heading Nos 09.04 and 15.07
               of the Common Customs Tariff a scheme of generalized preferences in favour of
                                                  developing countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        possibility may be adopted, inter alia, with a view to
                                                                remedying any unfavourable situations which might
Having regard to the Treaty establishing the                    arise in the associated countries following the
European Economic Community, and in particular                  implementation of the generalized preference scheme;
Article 43 thereof;
                                                                Whereas, moreover, the conference of the Heads of
Having regard to Council Regulation (EEC) No                    State or of Government of the Member States and the
1059/69 (*) of 28 May 1969 laying down the trade                States acceding to the European Communities held in
arrangements applicable to certain goods resulting              Paris from 19 to 21 October 1972 invited the
from the processing of agricultural products, and in            Community institutions and the Member States
particular Article 12 thereof;                                  progressively to adopt an overall policy of
                                                                development cooperation on a world-wide scale
Having regard to the proposal from the Commission ;             comprising in particular the improvement of
                                                                generalized preferences with the aim of achieving a
Having regard to the Opinion of the European                    steady increase in imports of manufactures from the
Parliament;                                                     developing countries ;
Whereas, within the context of UNCTAD, the                      Whereas, in accordance with Protocol 23 to the Act
European Economic Community offered to grant                    of Accession (2 ), the generalized tariff preference
tariff preferences on certain processed agricultural            scheme became fully applicable in the new Member
products of Chapters 1 to 24 of the Common                      States on 1 January 1974;
Customs Tariff which originate in developing
countries ; whereas the preferential treatment                  Whereas, for certain products of Chapters 1 to 24 of
proposed in that offer consists, in respect of certain          the Common Customs Tariff, this scheme would,
goods which are subject to the trade arrangements               however, involve the application in the new Member
laid down in Regulation (EEC) No 1059/69, of a                  States in 1975 of customs duties higher than or very
reduction in the fixed component of the charge                  close to those which will be applied by the new
applicable to such goods by virtue of that Regulation,          Member States to non-member countries in general
and, in respect of products which are subject to the            on the basis of the provisions of the abovementioned
single customs duty, of a reduction in such duty;               Act; whereas this situation would comply neither
whereas preferential imports of the products                    with the spirit nor with the very nature of the
concerned could be effected without quantitative                generalized preference scheme ; whereas, in order to
restrictions ;                                                  maintain an equivalent preferential margin for these
                                                                products also, reduced customs duties should be
Whereas the offer made by the Community includes                applied to them, in accordance with detailed rules
a clause stating that the Community drew up the                 based on the principle of maintaining, in the new
offer on the assumption that all the main                       Member States, a preference proportional to that
industrialized countries which are members of the               which exists between the duties of the Common
OECD would participate in granting preferences and              Customs Tariff and the duties given in Annex A to
would make similar efforts in this direction; whereas,          this Regulation ; whereas, with a view to granting the
moreover, it is evident from the conclusions worked             beneficiary developing countries the best possible
out in UNCTAD that this offer, while being of a                 treatment, in accordance with the objectives of the
temporary nature, does not constitute a binding                 preference scheme, the duties given in the
commitment and, in particular, may be withdrawn                 abovementioned Annex A should also be applied
wholly or in part at a later date; whereas this                 wherever the duties calculated according to the
(*) OJ No L 141, 12. 6. 1969, p. 1 .                            (2) OJ No L 73 , 27. 3 . 1972, p. 14 .
 ---pagebreak---   15 . 5 . 75                        Official Journal of the European Communities                         No L 124/23
  abovementioned detailed rules prove to be higher              2. The treatment provided for in paragraph 1 shall
  than them ;                                                  be enjoyed solely by products originating in the
                                                               countries and territories listed in Annex B.
  Whereas it is expedient, therefore, that the
  Community should authorize the importation of the            For the purposes of the application of this
  products referred to in Annex A, originating in the          Regulation, the concept of originating products shall
  countries and territories listed in Annex B, subject to      be determined in accordance with the procedure laid
  the customs duties given in respect of each of them,          down in Article 14 of Regulation (EEC) No 802/68 .
  as from 1 July 1975; whereas the benefit of such
  preferential terms should be reserved for products
  originating in the countries and territories under
                                                                                       Article 2
  consideration, the concept of 'originating products'
  being determined in accordance with the procedure
  laid down in Article 14 of Council Regulation (EEC)          When products benefiting from the treatment
 No 802/68 (*) of 27 June 1968 on the common                   provided for in Article 1 are imported in the
  definition of the concept of the origin of goods ;           Community in such quantities or at such prices that
                                                               Community producers of products similar to or in
  Whereas measures should be provided for which will           direct competition with them suffer or are likely to
  enable any serious disruption in any sector of the           suffer from serious disadvantage, the levying of
  economic activity of the Community to be avoided;            customs duties may be reintroduced in whole or in
  whereas, to this end, the Commission should be               part on the products in question in respect of the
                                                               countries or territories which are the cause of the
 empowered to reintroduce partially or wholly the
 levying of customs duties in order that such                  disadvantage. Such measures may also be taken in the
 disruption may be avoided;                                    case of actual or potential serious disadvantage in a
                                                               single region of the Community.
 Whereas the Commission must be able to have access
 to information concerning imports effected within the
 framework of generalized preferences ; whereas, to                                   Article 3
 this end, Member States shall inform the Commission
 every three months of imports actually effected,              1 . The Commission may decide, by means of a
 classified by origin,                                         Regulation, to reintroduce the levying of customs
                                                               duties for a specified period, in order to ensure that
                                                               Article 2 is applied.
 HAS ADOPTED THIS REGULATION :
                                                               2. In the event of such action being requested by a
                         Article 1                             Member State, the Commission shall decide within a
                                                              period of not more than 10 working days after the
 1 . From 1 July to 31 December 1975, Community               request has been received and shall inform the
 imports of the products listed in Annex A shall              Member States of this decision.
benefit from the customs duties specified for each
 product.
                                                              3 . Any Member State may refer to the Council the
                                                              measure taken by the Commission, within a period of
 On importation into Denmark, Ireland and the
                                                              not more than 10 working days after it has been
 United Kingdom, there shall be applied to the                informed thereof. The fact that the matter is referred
 abovementioned       products    the    customs     duties   to the Council shall not cause the measure to be
determined by multiplying, by a coefficient equal to          suspended. The Council shall meet immediately. It
the margin of preferences existing between the duties         may, by acting on a qualified majority, amend or
given in Annex A and the Common Customs Tariff
                                                              rescind the measure in question.
duties applicable, the duties obtained by reducing the
difference between the lowest duty applied on
 1 January 1972 to the developing countries set out in
Annex B and the Common Customs Tariff, by 60 % .                                      Article 4
However, the duties given in Annex A shall be                 Articles 2 and 3 shall not prejudice the
applied where the duties resulting from the                   implementation of the safeguard clauses adopted in
abovementioned calculation are higher than them.              pursuance of the common agricultural policy under
                                                              Article 43 of the Treaty and of those adopted in
                                                              pursuance of the common agricultural policy under
(!) OJ No L 148, 28. 6. 1968, p. 1 .                          Article 113 of the Treatv.
 ---pagebreak--- No L 124/24                       Official Journal of the European Communities                             15 . 5 . 75
                        Article 5                                                  Article 6
Member States shall inform the Commission every              This Regulation shall enter into force on 1 July 1975.
three months of imports effected under this
Regulation, classified by origin.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 7 May 1975 .
                                                                             For the Council
                                                                               The President
                                                                             G. FITZGERALD
 ---pagebreak--- 15 . 5 . 75                         Official Journal of the European Communities                            No L 124/25
                                                           ANNEX A
            List of products falling within heading Nos 09.04 and 15.07 originating in developing countries
                          and territories to which the generalized tariff preferences will apply
                 CCT                                                                             Rate of
               heading                                     Description                             duty
                  No
                09.04        Pepper of the genus 'Piper'; pimento of the genus 'Capsicum'
                             or the genus 'Pimenta':
                             A.. Neither crushed nor ground:
                                  I. Pepper:
                                     b) Other
                                                                                                  6%
                15.07        Fixed vegetable oils, fluid or solid, crude, refined or purified:
                             D. Other oils :
                                   I. For technical or industrial uses other than the manu­
                                      facture of foodstuffs for human consumption :
                                        a) Crude:
                                          1 . Palm oil                                           2-5 %
                                      ex 3 . Other:                                              l
                                              — Palm nut and kernel oil                           3%
                                 II. Other:
                                      a) Palm oil :                                              I
                                          1 . Crude                                               4%
                                      b) Other:
                                          2. Solid, other; fluid:
                                              ex aa) Crude:
            l                                        — Palm nut and kernel oil                    8 %
                                                     — Coconut oil                                8 %
 ---pagebreak--- No L 124/26                       v Official Journal of the European Communities                                    15 . 5 . 75
                                                         ANNEX B
                     List of developing countries and territories enjoying generalized tariff preferences
                                                 INDEPENDENT COUNTRIES
Afghanistan                               Haiti                                                Philippines
Algeria                                    Honduras                                            Qatar
Argentina                                  India                                               Romania
Bahamas                                    Indonesia                                           Rwanda
Bahrain                                    Iran                                                 Saudi Arabia
Bangladesh                                 Iraq                                                Senegal
Barbados                                   Ivory Coast                                          Sierra Leone
Bhutan                                     Jamaica                                              Singapore
Bolivia                                    Jordan                                               Somalia
Botswana                                   Kenya                                               Sri Lanka
Brazil                                     Khmer Republic                                      Sudan
Burma                                      Korea (South)                                        Swaziland
Burundi                                    Kuwait                                               Syria
 Cameroon                                  Laos                                                Tanzania
 Central African Republic                  Lebanon                                             Thailand
Chad                                       Lesotho                                              Togo
 Chile                                     Liberia                                              Tonga
 Colombia                                  Libya                                                Trinidad and Tobago
 Congo, People's Republic of               Malagasy Republic                                   Tunisia
 Costa Rica                                Malawi                                               Uganda
 Cuba                                      Malaysia                                             United Arab Emirates :
 Cyprus                                    Maldive Islands                                           Abu Dhabi
                                                                                                     Dubai
 Dahomey                                   Mali
                                                                                                     Ras al Khaimah
 Dominican Republic                        Mauritania
                                                                                                     Fujairah
 Ecuador                                   Mauritius
                                                                                                     Ajman
 Egypt, Arab Republic of                   Mexico
                                                                                                     Sharjah
 El Salvador                               Morocco                                                   Ummal Qaiwain
 Equatorial Guinea                         Nauru                                                Upper Volta
 Ethiopia                                  Nepal                                                Uruguay       ,
 Fiji                                       Nicaragua                                           Venezuela
 Gabon                                     Niger                                                Vietnam, Republic of
 Gambia                                    Nigeria                                              Western Samoa
 Ghana                                      Oman                                                Yemen, People's Democratic
                                                                                                Republic of
 Grenada                                   Pakistan
                                                                                                Yemen Arab Republic
 Guatemala                                 Panama
                                                                                                Yugoslavia
 Guinea
                                           Paraguay                                             Zaire
 Guyana                                     Peru                                                Zambia
 ---pagebreak--- 15 . 5 . 75                              Official Journal of the European Communities                                         No L 124/27
                                            \
                                                   COUNTRIES AND TERRITORIES
            dependent or administered, or for whose external relations Member States of the Community
                                          or third countries are wholly or partly responsible
            Afars and Issas (Territory of the)
            Angola (including Cabinda)
            Australian Antarctic Territory
            Belize
            Bermuda
            British Antarctic Territory
            British Indian Ocean Territory (Aldabra, Farquhar, Chagos Archipelago, Des Roches)
            British Pacific Ocean (*)
            Brunei
            Cape Verde Islands
            Cayman Islands and Dependencies
            Christmas Island
            Cocos (Keeling) Islands
            Comoro Archipelago
            Corn Islands and Swan Islands
            Falkland Islands and Dependencies
            French Polynesia
             French Southern and Antarctic Territories
             Gibraltar
             Heard Island and MacDonald Islands
            Hong Kong
             Leeward Islands (2)
             Macao
             Mozambique
             Netherlands Antilles
             New Caledonia and Dependencies
             Norfolk Islands
             Pacific Islands administered by the United States of America or under United States trusteeship (3)
             Papua-New Guinea
             Portuguese Guinea
             Portuguese Timor
             St Helena (including Ascension, Gough Island, and Tristan da Cunha)
             Saint Pierre and Miquelon
             Sao Tome and Principe
             Seychelles (including Amirantes)
             Sikkim
             (') Gilbert and Ellice Islands, British Solomon Islands, New Hebrides Condominium, and Pitcairn Islands.
             (l) Antigua, Montserrat, St Kitts-Nevis-Anguilla, British Virgin Islands.
             (') The Pacific Islands administered by the United States of America include: Guam, American Samoa (including
                 Swain's Island), Midway Islands, Johnston and Sand Islands, Wake Island and the Trust Territory of the Pacific
                 Islands (the Caroline, Marianas and Marshall Islands).
 ---pagebreak--- No L 124/28                            Official Journal of the European Communities                       15.5.75
            Spanish territories in Africa
            Surinam
            Territories for which New Zealand is responsible (Cook Islands, Niuwe Island, Tokelau Islands
                  and Ross Dependency)
            Turks and Caocos Islands
            Virgin Islands of the United States (St Croix, St Thomas, St John, etc.)
            Wallis and Futuna Islands
            Windward Islands {*)
            Note: The above lists may be amended subsequently to take account of changes in the inter­
                    national status of countries or territories.
            ( ) Dominica, St Lucia. St Vincent.