CELEX: 31972R2765
Language: en
Date: 1972-12-19 00:00:00
Title: Regulation (EEC) No 2765/72 of the Council of 19 December 1972 opening, allocating and providing for the administration of Community tariff quotas for certain textile products and footwear originating in developing countries

Official Journal of the European Communities                                        77
 30 . 12. 72                       Official Journal of the European Communities                             No L 296/75
                              REGULATION (EEC) No 2765/72 OF THE COUNCIL
                                                 of 19 December 1972
              opening, allocating and providing for the administration of Community tariff quotas
                  for certain textile products and footwear originating ill developing countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                     out during 1968^by the benefiting countries alone ;
                                                              whereas, moreover, particularly in view of the high
Having regard to the treaty establishing the Euro­            level of- deliveries of the products in question to the
pean Economic Community ;                                     Community by the third countries concerned , it
Having regard to the proposal from the Commission ;           appears appropriate, except in particular instances ,
                                                              to restrict preferential imports from any single
Whereas, within the context of UNCTAD , the                   benefiting country to 20 or 30% of the ceiling laid
European Economic Community offered to grant                  down for each category of products concerned ;
tariff preferences on finished and semi-finished              Whereas the offer made by the Community includes
products coming from developing countries ; whereas           a clause stipulating that the Community drew up
the preferential treatment proposed in that offer             the offer on the assumption that all the main indus­
covers, generally speaking, all finished and semi­            trialized countries which are member of the OECD
finished industrial products covered by Chapters 25           would participate in granting preferences and would
to 99 of the Brussels Nomenclature which originate            make similar efforts in this direction ; whereas ,
in developing countries ; whereas the preference              moreover, it is evident from the conclusions worked
consists in the granting of exemption from customs            out in UNCTAD that this offer, while being of a
duties ; whereas preferential imports are effected up         temporary nature, does not constitute a binding
to the level of ceilings calculated by value in respect       commitment and, in particular, may be withdrawn
of each product on the basis of factors which are             wholly or in part at a later date ; whereas this possibility
uniform for all the products ; whereas in order that          may be adopted inter alia with a view to remedying
the preferences granted to the most competitive               any unfavourable situations which might arise in the
developing country or countries should be restricted          associated countries following the implementation
and that a substantial quota share should be reserved         of the generalized preference scheme ;
for the least competitive, preferential imports from
any one developing country in respect of a given              Whereas tariff preferences have been applied as from
product should not, as a general rule, exceed 50%             the second half of 1971 under the conditions set out
of the ceiling fixed for that product ;                       above and whereas these preferences should continue
                                                              to be applied throughout 1973 ; whereas with regard
Whereas, in the offer made by the Community, the              to the terms of the offer concerned , the abovementioned
annual ceilings should ordinarily be calculated on            additional sum of 5% may refer to 1970 ;
the basis of the total value for 1968 of c.i.f. imports
from the countries benefiting from this scheme,               Whereas it is expedient, therefore, in respect of the
excluding those already enjoying various preferential         products referred to in Annex A which originate in
tariff arrangements granted       by the Community,           the countries listed in Annex B, that the Community
increased by 5% of the value      of c.i.f. imports from      should open, for each category of these products
the other countries ar.d from     the countries already       for 1973 , duty-free Community tariff quotas within
enjoying such arrangements ;     whereas such further         the limits of the amounts in units of account or metric
amount is variable and is calculated each year on             tons given in respect of each of these products ;
the basis of^the latest figures available, provided that      Whereas charges against each of these tariff quotas
this entails no reduction in the ceiling ;
                                                              must, in respect of the products originating in any
Whereas however in view of the special nature which           of the abovementioned countries , come within a
trade in the majority of textile products referred to         specified percentage of the amount of the quota ;
in this Regulation may have, it appears generally             whereas the benefit of such tariff exemption should
expedient wherever this is justified by the particular         be reserved for products originating in the countries
sensitivity of the product, to determine in terms of           under consideration, the concept of 'originating
tonnages the ceilings for the preferential imports of         products' being determined in accordance with the
such product, taking due account of deliveries carried        procedure laid down in Article 14 of Council Regu­
 ---pagebreak--- 78                                    Official Journal of the European Communities
lation (EEC) No 802/68 (x) of 27 June 1968 on the                of a reserve share ; whereas at the present juncture
common definition of the concept of the origin of                it appears feasible that such allocation could be
goods ;                                                          made according to the percentages set out in the
                                                                 table above ;
Whereas it is necessary to ensure equal and continuous
access for all Community importers to the above­                 Whereas the percentage for the shares of the Member
mentioned ^ quotas and the uninterrupted application             States in the Community tariff quotas, in view of the
of the rate laid down for those quotas to all imports            duration and the amounts thereof, does not appear
of the products concerned into all Member States                 in this instance to compromise the equal access for
until those quotas are used up ; whereas, having                 Community importers to Community tariff quotas ;
regard to the principles defined above, the Com­
munity nature of the quotas can be respected by                  Whereas since the Kingdom of Belgium, the Kingdom
allocating the Community tariff quota among Member               of the Netherlands and the Grand-Duchy of Luxem­
States ; whereas , moreover, to this end and in the              bourg are united in and represented by the Benelux
context of the utilization system, the actual charges            Economic Union for the allocation of the tariff
against the quotas may relate only to products which             quotas concerned, any measure concerning the
are presented for customs clearance under cover of               administration of the quota shares allocated to that
declarations that they have been made available                  Economic Union may be carried out . by one of its
for consumption and which are accompanied by a                   Members ;
certificate of origin ;
                                                                 Whereas, since the tariff quotas in question are valid
                                                                 until 31 December 1973, the system thus established
Whereas the application of the generally accepted                could be amended to take into account the accession
principles in respect of the allocation of the Community         of new Member States ;
tariff quotas which have been opened until now
entails, under these circumstances and in view of the
variety of the products concerned and in view of the
specification of the benefiting countries, calculations          HAS ADOPTED THIS REGULATION :
which are all the more problematic in that the statistical
data required sometimes prove to be incomplete or
not sufficiently accurate or representative ; whereas                                     Article 1
the time required for these calculations cannot be
reconciled with the continuity necessary for the
application of the tariff preferences concerned ;                1 . From 1 January to 31 December 1973 , the Com­
whereas, under these conditions, it would be advisable           mon Customs Tariff duties on the products listed in
still at this stage to adopt a fixed scale for allocating        Annex A shall be completely suspended within the
the Community tariff quotas concerned among the                  framework of Community tariff quotas of amounts
Member States ; whereas, using as a basis general                which shall be expressed in metric tons or units of
economic criteria relating to external trade, the gross          account and which shall be indicated in respect of
national product and population, the percentages                 each product in column 3 of such Annex.
for the initial shares of the Member States in the
quota amounts are as follows for the quota year                  2 . These tariff quotas shall be enjoyed solely by
under consideration :
                                                                 products originating in the countries listed in Annex
                    Germany           37*5 %                     B. However, those imports which already enjoy
                    Benelux           15· 1 %                    exemption from customs duties under other prefer­
                    France            27T %                      ential tariff arrangements granted by the Community
                    Italy             20-3%                      may not be charged against these tariff quotas. For
                                                                 the purposes of the application of this Regulation,
                                                                 the concept of originating products shall be determined
Whereas, without affecting the Community nature of               in accordance with the procedure laid down in
the tariff quotas under consideration, it appears                Article 14 of Regulation (EEC) No 802/68 .
possible to provide at this stage for a utilization
scheme based on a single allocation among the
Member States ; whereas, moreover, the allocation                With regard to carpets, carpeting and rugs, mentioned
set out by this Regulation in no way prejudices the              in Annex A and falling under heading 58.01 , the
possibility of adopting, following a limited experimen­          certificates of origin for these products shall state the
tal period , the general method of allocation of                 number of knots per metre of warp .
Community tariff quotas comprising the setting up
                                                                 3. The amount " to be charged in respect of each
                                                                  country referred to in paragraph 2 against each of
                                                                 the tariff quota amounts mentioned above shall be
p) OJ No L 148 , 28.6.1968 , p . 1 .                             limited to the maximum amount given as a percentage
 ---pagebreak---                                     Official Journal of the European Communities                                     79
and either in metric tons or in units of account in                                     Article 4
column 4 of Annex A in respect of each category of
                                                               The Commission shall take all necessary measures to
products .                                                     ensure that the maximum amount referred to in
                                                               Article 1 (3) is observed. When the charges, at Com­
4. Any amendment to Annex B, in particular by the              munity level, of products originating in each of the
addition of new countries enjoying tariff preferences,         countries listed in Annex B , against any one of the
may entail a corresponding adjustment to the amounts           Community tariff quotas reach the maximum amount
of the quotas and to the maximum amounts appearing             laid down in column 4 of Annex A, the Commission
in columns 3 and 4 of Annex A.
                                                               shall immediately notify the Member States of the
                                                               date on which, as a result of this factor, the normal
                        Article 2                              tariff is to be reintroduced in respect of the country
The Community tariff quotas referred to in Article 1           in question. This notification shall be published in
shall be allocated in cuota shares which shall be,             the Official Journal of the European Communities.
for each Member State, the amounts corresponding
to either the values or the quantities given in column                                  Article 5
5 of Annex A -in respect of each category of products.
                                                               The Member States shall inform the Commission at
                         Article 3                             regular intervals of imports of the products in question
                                                               actually charged against their quota shares.
1 . The Member States, shall ensure free access to
the quota shares which have been allocated to them
for importers of the products concerned who are                                         Article 6
established on their territory.
                                                               The Member        States  and    the Commission    shall
2. The extent to which the quota shares of Member              cooperate closely to see that the provisions of the
States have been actually used up shall be recorded            above Articles are observed .
on the basis of imports of the products in question
which have been presented for customs clearance
under cover of declarations that they have been                                         Article 7
made available for consumption, where appropriate
on the basis of the customs value of the products              The above provisions may be amended to take
concerned, and which are accompanied by a certificate          account of the situation resulting from the accession
of origin in accordance with the rules referred to in          of new Member States.
Article 1 (2).
3. An item of goods may qualify for a tariff quota                                      Article S
if the certificate of origin referred to in paragraph 2
is submitted before the date on which the levying of           This Regulation shall enter into force on 1 January
duties is reintroduced .                                       1973 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 19 December 1972 .
                                                                                    For the Council
                                                                                     The President
                                                                                   T. WESTERTERP
 ---pagebreak--- 80                                               Official Journal of the European Communities
                                                                    ANNEX A
                    List of products subject to zero-duty Community tariff quotas under the Generalized Tariff
                                         Preferences granted in favour of certain developing countries
                                                                                         Maximum amount per
                                                                            Quota              country
             CCT
 Order
                                                                           amount                                      Share of quota amounts
            heading                         Description                   (in metric             (4)                 alJocated to Member States
    No        No
                                                                              tons)                  in metric              (in metric tons)
                                                                               (a)        in %          tons                      (a)
               (D                               (2)                             (3 )                     (a)                      (5)
     1        51.01     Yarn of man-made fibres (continuous),                      900     30              270   Germany :            337-50
                        not put up for retail sale :                                                             Benelux :            135-90
                                                                                                                 France :             243-90
                        ex A. Single yarns of polytetrafluor­                                                    Italy :              182-70
                                ethylene
                            B. Yarn of regenerated textile fibres :
                                II . Other
     2       51.04      Woven       fabrics   of     man-made   fibres              220    30                 66 Germany :              82-50
                        (continuous), including woven fabrics of                                                 Benelux :             33-22
                        monofil or strip of heading No 51.01 or                                                  France :              59-62
                        51.02                                                                                    Ita y :                44-66
     3        56.01     Man-made fibres (discontinuous), not                   4 700       70            1 410   Germany :          1 762-50
                        carded , combed or otherwise prepared                                                    Benelux              709-70
                        for spinning                                                                             France :          1 2 / 3-70
                                                                                                                 Ita y :              954-10
     4        56.02     Continuous filament tow for the manufac­            .        600   30                180 Germany :            225-00
                        ture, of man-made fibres (discontinuous)                                                 Bene ux :              90-60
                                                                                                                 France :             162-60
                                                                                                                 Ita y :              121-80
     5        56.03     Waste (including yar waste and pulled                   1 000      30               300  Germany :            375-00
                        or garnetted rags) of man-made fibres                                                    Benelux :            151-00
                        (continuous or discontinuous), not carded,                                               France :             271-00
                        combed or otherwise prepared for spin­                                                   Italy :              203-00
                        ning
     6        56.05     Yarn of man-made fibres ( discontinuous                   365      20                 73 Germany :            136-88
                        or waste), not put up for retail sale :                                                  Benelux :              55-11
                                                                                                                 France :              98-91
                                                                                                                 Italy :               74-10
                        A. Of synthetic textile fibres
(a ) Except where otherwise indicated.
 ---pagebreak---                                               Official Journal of the European Communities                                                 81
                                                                                     Maximum amount per
                                                                          Quota            country
            CCT                                                          amount                                   Share of quota amounts
  Order    heading                         Description                (in metric             (4)                allocated to Member States
   No        No                                                           tons)                  in metric
                                                                                                                       (in metric tons)
                                                                            (a)                                              (a)
                                                                                      in %          tons
             (D                                (2)                     •    (3 )                     (a)                     (5 )
    7       56.07      Woven       fabrics   of     man-made fibres              340   30               102  Germany :            127-50
                       ( discont nuous or waste) :                                                           Benelux :               51-34
                                                                                                             France :                92-14
                       A. Of synthetic textile fibres                                                        Italy :               . 69-02
    S       58.01      Carpets, carpeting and rugs, knotted                    1 800   20               360  Germany :            675-00
                       ( made up or not) :                                                                   Benelux :            271-80
                                                                                                             France :             487-80
                       A. Of wool or of fine animal hair :                                                   Italy :              365-40
                            — At least 350 rows of knots
    9                       — 350 to 500 rows of knots                       1 400     30               420  Germany :            525-00
                                                                                                             Benelux :            211-40
                                                                                                             France :             379-40
                                                                                                             Italy :              284-20
                                                                            7 000      50            3 500   Germany :        2 625-00
   10                       — More than 500 rows of knots                                                    Benelux :        1 057-00
                                                                                                             France :         1 897-00
                                                                                                             Italy :          1 421-00
   11       58.02      Other carpets , carpeting, rugs, mats and                 655   30                196 Germany :            245-63
                       matting, and 'Kelem', 'Schumacks' and                                                 Benelux :               98-90
                       'Karamanic' rugs and the like (made up                                                France :             177-50
                       or not):                                                                              Italy :              132-97
                       ex A. Carpets , carpeting, rugs , mats and
                                matting
   12       59.04      Twine, cordage, ropes and cables, plaited
                       or not :
                       — Of hemp                                             1 600      30              480  Germany :            600 00
                                                                                                             Benelux :            241-60
                                                                                                             France :             433-60
                                                                                                             Italy :              324-80 .
   13                  — Of sisal (agave sisalana)                               400    30               120 Germany :            150-00
                                                                                                             Benelux :               60-40
                                                                                                             France :             108-40
                                                                                                             Italy :                 81-20
   14                  — Of synthetic textile fibres                             385    30               116 Germany :            144-38
                                                                                                             Benelux :               58-14
                                                                                                             France :             104-33
                                                                                                             Italy :                 78-15
   15                  — Othe^, other than coconut fibres                        300    30                90 Germany :            112-50
                                                                                                             Benelux :               45-30
                                                                                                             France :                81-30
                                                                                                             Italy :                 60-90
   16     ex 60.03     Stockings, under stockings, socks, ankle­                 170    30                51 Germany :               63-75
                        socks, sockettes and the like, knitted or                                            Benelux :               25-67
                        crocheted, not elastic nor rubberized :                                              France :                46-07
                       — Other than of cotton                                                                Italy :                 34-51
(a) Except where otherwise indicated .
 ---pagebreak--- 82                                             Official Journal of the European Communities
                                                                                      Maximum amount per
                                                                           Quota            country
            CCT                                                           amount    '                                 Share of quota amounts
 Order     heading                        Description                   (in metric            (4)                    allocated to Member States
   No        No                                                            tons)                                          (in metric tons)
                                                                                                  in metric
                                                                            (a)                                                  (a)
                                                                                       in %          tons
              (1 )                           (2)                             (3 )                     (a)                        (5)
   17       60.04      Undergarments, knitted or crocheted ,                 1 100      20              220      Germany :           412-50
                       not elastic nor rubberized :                                                              Benelux :           166*10
                                                                                                                 France :            298-10
                       B. Of other textile materials                                                             Italy :             223-30
   18        60.05     Outer garments and other articles, knitted               330     30            99         Germany :           123-75
                       or crocheted, not elastic nor rubberized :                                                Benelux :            49-83
                                                                                                                 France :             89-43
                       A. Outer garments and clothing access­                                                    Italy :              66-99
                           ories :
                           ex II . Other
                       ex B. Other
                                                                                                      — in u. a. —
   19        64.01     Footwear with outer soles and uppers
                       of rubber or artificial plastic material :
                       — Mid-calf boots, knee boots, thigh
                           boots and overshoes                         1 205 000        30        361 500        Germany :           451 880
                                                                                                                 Benelux :           181 950
                                                                                                                 France :            326 560
                                                                                                                 Italy :             244 610
   20                  — Other                                           3 76 000       30        112 800
                                                                                                                 Germany :           141000
                                                                                                                 Benelux :            56 780
                                                                                                                 France :            101 900
                                                                                                                 Italy :              76 320
             64.02     Footwear with outer soles of leather or                                        — in u. a. —
   21
                       composition      leather ;    footwear (other
                       than footwear falling          within heading
                       No 64.01) with outer soles of rubber            5 170 000        20      1 034 000        Germany :        1 938 750
                       or artificial plastic material :                                                          Benelux :           780 670
                                                                                                                 France :         1 401 070
                       A. Footwear with uppers of leather                                                        Italy :          1 049 510
             64.02     Footwear (etc. )                                                              — in u. a.  —
   22
                       B. Other
                                                                       3 651 000        20        730 200        Germany :        1 3 69 130
                                                                                                                 Benelux :           551 300
                                                                                                                 France :            989 420
                                                                                                                 Italy :             741 150
(a) Except where otherwise indicated .
 ---pagebreak---                                     Official Journal of the European Communities                                        83
                                                         ANNEX B
              List of developing countries and territories benefiting under the Generalized Tariff Preferences
                                              INDEPENDENT COUNTRIES
Afghanistan                                  Honduras                                     Qatar
Algeria                                      India                                        Rwanda
Argentina                                    Indonesia                                    Saudi Arabia
Bahrain                                      Iran                                         Senegal
Bangladesh                                   Iraq                                         Sierra Leone
Barbados                                     Ivory Coast                                  Singapore
Bhutan                                       Jamaica                                      Somalia
Bolivia                                      Jordan                                       South Vietnam
Botswana                                     Kenya
                                                                                          Southern Yemen
Brazil                                       Khmer Republic
                                                                                          Sri Lanka
Burma                                        Korea, Republic of (South Korea )
                                                                                          Sudan
Burundi                                      Kuwait
                                                                                          Swaziland
Cameroun                                     Laos
                                                                                          Syria
Central African Republic                     Lebanon
                                                                                          Tanzania
Chad                                         Lesotho
                                                                                          Thailand
Chile                                        Liberia
                                                                                          Togo
Colombia                                     Libya
                                                                                          Tonga
Congo, People's Republic of                  Malagasy Republic
                                             Malawi
                                                                                          Trinidad and Tobago
Costa Rica
                                                                                          Tunisia
Cuba                                         Malaysia
                                             Maldive Islands                              Uganda
Cyprus
                                             Mali                                         Union of Arab Emirates :
Dahomey
                                                                                               Abu Dhabi
Dominican Republic                           Mauritania
                                                                                               Dubai
Ecuador                                      Mauritius
                                                                                               Ras al Khaimah
Egypt, Arab Republic of                      Mexico
                                                                                               Sharjah
El Salvador                                  Morocco                                           Ajman
Equatorial Guinea                            Nauru                                             Umm al Qaiwain
Ethiopia                                     Nepal                                             Fujairah
Fiji                                         Nicaragua                                    Upper Volta
Gabon                                        Niger                                        Uruguay
Gambia                                       Nigeria, Federal Republic of                 Venezuela
Ghana                                        Pakistan                                     Western Samoa
                                             Panama                                       Yemen
Guatemala
Guinea , Republic of                         Paraguay                                     Yugoslavia
Guyana                                       Peru                                         Zaire, Democratic Republic of
Haiti                                        Philippines                                  Zambia