CELEX: 51993PC0170
Language: en
Date: 1993-04-26
Title: Proposal for a COUNCIL REGULATION (EEC) applying supplementary generalized tariff preferences in respect of certain products originating in countries benefiting from generalized preferences and sold at the Berlin ' Partners in Progress' fair

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          C0M(93) 170 final
                                                          Brussels, 26 April      1993
                                       Proposal for a
                                 COUNCIL REGULATION (EEC)
           applying supplementary generalized tariff preferences in respect of certain
           products originating in countries benefiting from generalized preferences and
                            sold at the Berlin 'Partners in Progress' fair
                              (presented by the Commission)
i :ll
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                         EXPLANATORY MEMORANDUM
The "Partners in Progress" imports fair has been held in Berlin every
year since 1962. The Fair focuses on goods exported by the developing
countries. For several years the Community has supported this event,
in order to boost the developing countries' trade promotion generally
and also to take account of Berlin's unique situation.
In 1992, since Berlin's situation was no longer exceptional, the
Council adopted a Regulation establishing the principle of opening
these preferences to all fairs in the Community designed to promote
partnership   between   economic    operators   from   developing   and
industrialized countries at commercial, industrial or technological
level, and to improve access to world markets for products originating
in countries benefiting from generalized preferences.
However, only the German government actually submitted a request for
special preferences, to be applied in respect of products sold at the
Berlin "Partners in Progress" fair, and this was accepted by the
Council (Regulation (EEC) No 1250/92 of 11 May 1992, OJ No L 131,
16.5.1992, p.1).
By letter of 27 January 1993, the German government has asked the
Commission again to propose that the Council grant supplementary tariff
preferences to the developing countries in respect of goods which are
the subject of sales contracts at this fair.
The Commission proposes that the Council agree to this request while
maintaining the principle of opening these preferences to other fairs.
 ---pagebreak---                                                                         - 2 -
                                                                      ProposaL
                                                       C O U N C I L R E G U L A T I O N (EEC) N o
                                                                                 of                    iyy3
                        a p p l y i n g s u p p l e m e n t a r y g e n e r a l i z e d tariff p r e f e r e n c e s in r e s p e c t of c e r t a i n
                         p r o d u c t s o r i g i n a t i n g in c o u n t r i e s b e n e f i t i n g f r o m g e n e r a l i z e d p r e f e r e n c e s and
                                                        s o l d at the Berlin 'Partners in P r o g r e s s ' fair
   THE COUNCIL OF THK EUROPEAN COMMUNITIES,                                                          generalized tariff preferences for products being                   the
                                                                                                     subject of contracts for sale at these fairs ;
   Having regard to the Treaty establishing the European
   Economic C o m m u n i t y , and in particular Article 113                                        Whereas at this juncture the G e r m a n Government has
   thereof,                                                                                          submitted a request for supplementary generalized tariff
                                                                                                     preferences to be applied in respect of certain products
                                                                                                     originating in countries benefiting from generalized
   Having regard to the proposal from the Commission,                                                preferences and sold at the Berlin 'Partners in Progress'
                                                                                                     Fair ; whereas, for the a b o v e m c n t i o n e d reasons, additional
                                                                                                     latitude should be allowed for countries benefiting from
  Whereas fairs are organized in the C o m m u n i t y with a
                                                                                                    generalized preferences to enable them to take advantage
  view to promoting partnership between economic opera-
                                                                                                    of the generalized tariff preferences for products which
  tors from developing countries and from industrialized
                                                                                                    were the subject of sales contracts at the 'Partners in
  countries at commercial, industrial or technological level
                                                                                                     Progress' Fair ; whereas, however, this latitude should be
  and improving the access to world markets of products
                                                                                                    limited to 6 % of the levels of the tariff measures appli-
  originating in countries benefiting from generalized
                                                                                                    cable to each product or g r o u p of products under the
  preferences ;
                                                                                                    aforementioned annual Regulations and this additional
                                                                                                    latitude should be allowed ;
  Whereas, in view of (he aims ol these fains, certain steps
  should be taken in the field of generalized preferences ;                                         Whereas, without prejudice to the specific provisions of
                                                                                                    this Regulation, the application of the provisions of the
  Whereas, in accordance with the offer made in the                                                 annual Regulations regarding generalized tariff prefe-
  context of the United Nations Conference on Trade and                                             rences and, in particular, in respect of the beneficiary
  Development ( U N C T A D ) , the C o m m u n i t y opened,                                       countries and the c o n c e p t of originating products should
  c o m m e n c i n g in 1971, and most recently by Regulations                                     be applied to the s u p p l e m e n t a r y preferences in question ;
  (EEC) N o 3831/90C) and N o 3S32/90 ('), as extended in
   1 9 9 3 by Regulation (KF.C) No 3 9 1 7 / 9 2 ('),                                               Whereas it is appropriate, however, to exclude from the
                                                                                                    scope of this Regulation certain products originating in
   supplemented by Regulation (EEC) N°                                  /93(A)                      particular benefit iaiy c o u n t t i e s ;
                                                                   generalized                      Whereas declarations of release into free circulation
tariff preferences in particular in respect of finished and                                         submitted with a view to the importation of the products
semi-finished industrial and textile products originating                                           in question should be accompanied by the certificate of
in countries benefiting from generalized preferences ;                                              origin and the contract concluded at the relevant fair, the
                                                                                                    latter certified by the c o m p e t e n t authorities of the
                                                                                                    Member State where it is held ;
Whereas      certain     products        covered         by    the system         of
fixed duty-free amounts                                                                             Whereas the authorities of the M e m b e r States must see to
                                                                                                    it that certification of the contracts concluded at fairs held
            ceilings or other tariff measures, being the subject
                                                                                                    on their territory does not exceed the authorized supple-
  of contracts for sale in the course of these fairs, might not
                                                                                                    mentary quantities ;
  be able to benefit from the preferences if the
       fixed duty-free a m o u n t s are used up or the collection
  of customs duties is re-established for products subject to                                       Whereas the m e t h o d of administration adopted requires
  ceiling limits before the o p e n i n g date of the abovemen-                                     close cooperation between the M e m b e r States and the
  tioned fairs ; whereas it is important, therefore, to provide                                     Commission,
  additional latitude to countries benefiting from genera-
  lized preferences to enable them to benefit from the
  (') OJ No L 370, 31. 12. iy9(), p. 1.
  (') OJ No L 370, 31. 12. \99().r>. 39.
  (') OJ No L 3 9 6 , 3 1 . 1 2 . 1 9 % , p . 1
 (4)Doc. COM(93)70 f i n . , 1.3.1993
 ---pagebreak---                                                                  -5-
HAS ADOPTED THIS REGULATION:                                                                              At title .*
                                                                           Those piovisions ol Regulations ( I T C ) No 3KU/lM) and
                                        ArticIt   I                        N o 3832/90 relating to the application of generalized
1.        From 9 J u n e 1993 to 31 December 1994, supple-                tariff preferences which concern beneficiary countries and
mentary C o m m u n i t y tariff preferences shall be opened,             the concept of originating products shall be applicable.
subject to Article 3, for the importation of products :
                                                                                                          Article   4
— mentioned                in Annex             I   to Regulation   (EEC)
      N o 3 8 3 1 / 9 0 , or                                              T h e following shall be excluded              from   the   benefits
— m e n t i o n e d in Annexes I and II to Regulation (EEC)               afforded by this Regulation :
      N o 3832/90,                                                        — textile products falling within categories 1, 2, 3, 4, 5, e>,
provided these products originate in one of the countries                      7 and 8 appearing in Annex I to Regulation (EEC)
or territories benefiting from the preferences referred to                     N o 3832/90 and originating in countries subject to
in the Annexes to those Regulations and have been exhi-                         the f i x e d duty-free amount                as indicated in
bited by the exporting countries at the Berlin 'Partners in                    the said A n n e x ,
Progress' Fair and have been the subject there of sales                   — products a p p e a r i n g in the A n n e x to this Regulation
contracts.                                                                     and originating in the countries indicated.
2.       T h e s u p p l e m e n t a r y preferences referred to in para-
graph l shall be 6 % of the d u t y - f r e e amounts, o r                                                Article   5
c e i l i n g fixed for each product or group of products in              T h e G e r m a n authorities shall forward to the Commission,
Regulations (EEC) N o 3831/90 and No 3832/90.                             not more than seven days after the end of the Berlin fair,
3.       Within the framework of the supplementary prefe-                 a list of certified contracts indicating the nature and value
rences referred to in paragraph 1, the C o m m o n Customs                or the quantity, whichever is appropriate, of the goods in
Tariff duties shall be totally suspended. Application of the              question and the n a m e s and addresses of the exporters
tariff preferences shall be subject to submission of a certi-             and importers. T h e C o m m i s s i o n shall send a copy of this
ficate of origin, Form A, and the contract.                               list to the authorities of the other Member States.
                                                                                                          Article   6
                                                                          Member States shall forward to the Commission, within
                                                                          two weeks of the end of each quarter, the list of the
                                                                          a m o u n t s charged during the reference quarter in accor-
                                                                          dance with the provisions of this Regulation.
                                        Article   2
                                                                                                          Article   7
1.        Declarations of the release into free circulation of
the products in question must be accompanied by the                       Member States and the Commission shall cooperate
certificate of origin and by the contract concluded at the                closely to ensure c o m p l i a n c e with this Regulation.
Berlin fair, the latter certified by the competent German
authorities.                                                                                              Article   S
2.       T h e G e r m a n authorities shall see to it that the total     This Regulation shall enter into force on the third day
a m o u n t covered by certified contracts does not exceed the            following that of its publication in the Official journal oj
limits fixed in Article 1 (2).                                            the European             Communities.
                         This Regulation shall be binding in its entirety and directly applicable in all Member
                         States.
                          D o n e at Brussels,
                                                                                          /•'or the Cornu iI
                                                                                            The    President
 ---pagebreak---                                                                    - 4 -
                                                                             ANNUX
                        List of products/countries excluded from the hcnelii <>( this Kegulminn
  Order      CN/TARÏC-                                                          Description                                                            Country concerned
    No
               Code
10.0110         2902 50 00     Styrene                                                                                                             Saudi Arabia
10.0400         3102 10 10     Urea containing more than 45 % by weight of nitrogen on the dry anhy-                                               Libya
                               drous product
10.0440        3806 10 10      Resin, obtained from fresh oleoresins                                                                               China
10.0480         3923 21 00    Sacks and bags (including cones) :                                                                                   Hong Kong
                                                                                                                                                   Singapore
                                — Of polymers of ethylene
10.0510         4011 10 00    Other pneumatic tyres and tubes                                                                                      South Korea
                4011 20
                4011 30 90
                4011 91
                4011 99
              4012 10 30
              4012 10 50
              4012 10 80
                4012 20 90
                4012 90
                4013 10
                4013 90 90
10.0520        4104 10 95     Leather of bovine or equine animals, without li.ni on, oilui than leathei                                            Hia/.il
               4104 10 99     falling within CN code 4108 or 4109
               410431 11       — Whole bovine skjn leather, of a unit surface area not exceeding 2X square
               4104 31 19         feet (2,6 m ; )
               410431 30
               4104 31 90       - - Other
               •II0-4 V> Kl                      ( Mill l»'iMt  pit |«.)M 'I
               HOI W 0
                                  Othei bovine leather and equine leathei, pan liniciil diessed <>i |>M |>:tt(.I
                                  after tanning
III II'.r,il                   I m i l l ' ' . , mill i ir.ru, vnnlly • .e» ••, » M , iihvr - ii*-,r*>, I M M I I aM -., ••< li<•• .1 -..id h< I>, '.iiiilh r'.iMist
               'i;o; i / i i
               AM)J 1/ I'»    and        Mtiiilai < oiilauieis
               -l.ML' /.MO        W i l l i (Hill I Mil Lite n| p l a . l n s in id textile III i l r i l.ll',
               -i/o; \) to                  In the lottn ol plasm sheeting
               4202 92 11
              4202 92 18      Handbags, whether or not with shoulder straps, including those without
                              handles :
                                  With outer suilaie ol plastu sheeting or ol textile iiiatenah
                                           Ol plastu sheeting
                              Articles of kind normally carried m the pocket or in the handbag :
                               •- With outer surface of plastic sheeting or of textile materials :
                              — - Of plastic sheeting
                              Other, with outer surface of plastic sheeting or of textile materials :
                              — Of plastic sheeting :
                              — — Travelling bags, toilet bags, rucksacks and sportbags
                              — — Musical instrument cases
                                           Other
 ---pagebreak---                                          - 5 -
 Order
          CN/TARIC-                                     Description                                     Counrry concerned
  No
10.0570    4202 11    Trunks, suit-cases, vanity cases, executive cases, brief cases, school satchels Brazil
                      and similar containers                                                          China
           4202 12 91                                                                                 Hong Kong
                      — With outer surface of leather, of composition leather or of patent leather
          420212 99
         4202 19 90   — With outer surface of plastics or of textile materials
                      — — Of other materials, including vulcanized fibre
          4202 21 00
          4202 22 90         Other
          4202 29 00
                      Articles of a kind normally carried in the pocket or in the handbag
          4202 31 00
          4202 32 90  — With outer surface of leather, of composition leather or of patent leather
          4202 39 00  — With outer surface of plastic sheeting or of textile materials
          4202 91
                      — — Of textile materials
                                Other
          4202 92 91
        4202 92 98    Other
        4202 99 00
                       — With outer surface of leather, of composition leather or of patent leather -
                      — With outer surface of plastic sheeting or of textile materials
                       — Other
                      — — Musical instrument cases
                                Other
10.0630    4412       Plywood, veneered panels and similar laminated wood                             Brazil
                                                                                                      South Korea
           4420 90 11 Wood marquetry                                                                  Indonesia
           4420 90 19 and inlaid wood                                                                 Malaysia
                                                                                                      Singapore
10.0660    6401       Waterproof footwear with outer soles and uppers of rubber or of plastics, the   South Korea
                      uppers of which are neither fixed to the sole nor assembled by stitching,       Hong Kong
                      riveting, nailing, screwing, plugging or similar processes                      Indonesia
                                                                                                      Thailand
           6402       Other footwear with outer soles and uppers of rubber or plastics
10.0670    6403       Footwear with outer soles of rubber, plastics, leather or composition leather   Brazil
                      and uppers of leather                                                           Hong Kong
                                                                                                      Indonesia
                                                                                                      South Korea
                                                                                                      Thailand
10.0680    6404       Footwear with outer soles of rubber, plastics, leather or composition leather,  Hong Kong
                      and uppers of textile materials                                                 Indonesia
                                                                                                      South Korea
           6405 90 10 Other footwear, with outer soles of rubber, of plastics, of leather or of       Thailand
                      composition leather
10.0690    6405 10 90 Other footwear, with outer soles of othei materials                             China
           6405 20 91
           6405 20 99
           6405 90 90
10.0700    6601       Umbrellas and sun umbrellas (including walking-stick umbrellas, garden          Hong Kong
                      umbrellas and similar umbrellas)
 ---pagebreak---                                                     - 6
 Order    CN/ÎARK-                                        Description                                   Country concerned
  No
            Code
10.0740      6912 00 50 Ceramic tableware, kitchenware, other household articles and toilet articles, South Korea
                        of earthenware or fine pottery
10.0750      6913       Statuettes and other ornamental ceramic articles                              South Korea
10.0800     711719 10   Imitation jewellery                                                           South Korea
            71171991     — Of base metal, whether or not plated with precious metal
            7117 1999
        7117 90 00*90    — - Others
                         — Others excluding imitation jewellery of leather or composition leather or
                           of wood
            8211 10 00
10.0950   8211 91 30    Knives with cutting blades, serrated or not (including pruning knives), other Hong Kong
          8211 91 80    than knives falling within CN code 8208, excluding knives with handles of
                        base metal
            8211 92 90
            8211 93 90
10.0980     8414 10 30  Air or vacuum pumps and air or gas compressors                                Brazil
            8414 10 50                                                                                Singapore
            8414 10 90
            8414 20 91
            8414 20 99
            8414 30 30
            8414 30 91
            8414 30 99
            8414 40
            8414 80 21
            8414 80 29
            8414 80 31
            8414 80 39
            8414 80 41
            8414 80 49
            8414 80 60
            8414 80 71
            8414 80 79
            8414 80 90
10.0990     8452 10     Sewing machines, other than book-sewing machines falling within CN code       Brazil
                        8440
            8452 21 00
            8452 29 00
            8471 10 90
10.1010   8471 20 20    Automatic data-processing machines and units thereof magnetic or optical      South Korea
           8471 20 80   readers, machines for transcribing data into data media in code form,
           8471 91 80   machines for processing such data, not elsewhere specified or included,
                        other than for use in civil aircraft
            8471 92.90
            8471 93 40
          8471 9 3 51
          8471 9 3 59
            8471 93 60
            8471 93 90
            8471 99 10
            8471 99 30
            8471 99 90
 ---pagebreak---                                            - 7 -
 Order   CN/TARIC-                                      Description                                  Country concerned
   No
           Code
10.1052    8521       Video recording or reproducing apparatus                                     South Koie;
10.1053    8523       Prepared unrecorded media for sound recording or similar recording of        South Korea
                      other phenomena other than products of Chapter 37
           8524       Records, tapes and other recorded media for sound or other similarly
                      recorded phenomena, including matrices and masters for the production of
                      records but excluding products of Chapter 37
        8528   10 14
10.1055 8528   10 16  Television receivers (including video monitors and video projectors) whether Hong Kong
        8528   10 18  or not combined in the same housing, with radio-broadcast receivers or       Singapore
        8528   10 22  sound or video recording or reproducing apparatus                            South Korea
        8528   10 28
        8528   10 52   — Colour
        8528   10 54
        8528   10 56   — — Television projection equipment
        8528   10 58   — Apparatus incorporating a videophonic recorder or reproducer
        8528   10 62   — — Television receivers with integral tube
        8528   10 66
        8528   10 72
        8528   10 76
10.1060               Reception apparatus for radio-telephony, radio-telegraphy or radio-          Hong Kong
          8527 11
                      broadcasting, whether or not combined in the same housing with recording     Singapore
                      or reproducing apparatus or a clock                                          South Korea
          8527 21
          8527 29 00
          8527 31
          8527 32 90
          8527 39
          8527 90 91
          8527 90 99
        8528 10 31
        8528 10 41
        8528 10 43
        8528 10 49
        8528 10 81
        8528 10 89    Television receivers (including video monitors and video projectors),
        8528 10 91    whether or not combined in the same housing with radio-broadcast recei-
        8528 10 98    vers or sound or video recording or reproduction apparatus, excluding video
          8528 20     recording or reproducing apparatus incorporating a video tuner and goods
                      falling within CN codes ..
          8529  10 20
          8529  10 31
                        8528   10 14. 8528     10 16,
                        8528   10 18. 8528     10 22,
          8529  10 39
                        8528   10 28. 8528     10 52.
          8529  10 40   8528   10 54. 8528     10 56.
          8529  10 50   8528   10 58. 8528     10 62
          8529  10 70   8528   10 66. 8528    10 72.
          8529  10 90   8528   10 76
          8529  90 70
          8529  90 98
10.1094     8540 11   Cathode-ray television picture tubes including video monitor cathode-ray     South Korea
                      tubes
                       — Colour
 ---pagebreak---                                                   -8-
 Order     CN/TARIC-                                      Description                                  Oiuntry concerned
   No
              Code
10.1110     8540 91 00 Thermonic, cold cathode or photocathode valves and tubes                      Hong Kong
            8540 99 00                                                                               Singapore
                       — Parts
            8541 10
            8541 21
            8541 29
            8541 30
            8541 40 10 Diodes, transistors, and similar semiconductor devices, light emitting diodes
            8541 50
           8541 90 00
           8542
10.1120     8703 21 10 Motor vehicles, new, of a cylinder capacity not exceeding 3 000 cm'           South Korea
            8703 22 11
            8703 22 19
            8703 23 11
            8703 23 19
            8703 31 10
            8703 32 11
            8703 32 19 Electric integrated circuits and microassemblies
        8703 33 11*10
        8703 3 3 19*10
        8703 90 90*11
10.1300     9503       Other toys, reduced size (scale) models and similar recreational models       South Korea
                       working or not, puzzles of all sorts
 ---pagebreak---  ---pagebreak---                                            - < * _
                                                                     ISSN 0254-1475
                                                              COM(93) 170 final
                                                      DOCUMENTS
EN                                                                         1102
                                 Catalogue number : CB-CO-93-190-EN-C
                                                             ISBN 92-77-54858-4
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