CELEX: 31972R2764
Language: en
Date: 1972-12-19 00:00:00
Title: Regulation (EEC) No 2764/72 of the Council of 19 December 1972 establishing preferential tariffs in respect of certain textile products originating in developing countries

Official Journal of the European Communities                                       71
 30 . 12 . 72                           Official Journal of the European Communities                            No L 296/69
                                REGULATION (EEC) No 2764/72 OF THE COUNCIL
                                                    of 19 December 1972
               establishing preferential tariffs in respect of certain textile products originating in
                                                     developing countries
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         the Long-term Arrangement or possibly to those
                                                                   countries which undertake vis-a-vis the Community
 Having regard to the Treaty establishing the Euro­                commitments similar to those existing under that
 pean Economic Community ;                                         Arrangement and for the duration of the said
                                                                   Arrangement (which expires on 30 September 1973) ;
Having regard to the proposal from the Commission ;                whereas it is apparent that only imports from these
                                                                   countries are to form the basis for calculating the
 Whereas, within the context of UNCTAD, the Euro­                  abovementioned ceilings ; whereas, with particular
pean Economic Community offered to grant tariff pref­              regard to the relation which Article 6 of the said
 erences on finished ard semi-finished products coming             Long-term Arrangement establishes between cotton
from developing countries ; whereas the preferential               products and substitute products, it appears justified
treatment proposed in that offer covers , generally                in these circumstances and by virtue of the fact that
 speaking, all finished ?.nd semi -finished industrial prod­       a total suspension of customs duties is involved to
                                                                   include in rhe same scheme as that described above
 ucts covered by Chapters 25 to 99 of the Brussels
Nomenclature which originate in developing countries ;             those substitute textile products given in the conditional
whereas the preference consists in the granting of exem­           list of partial and limited reductions of customs
ption from customs dudes ; whereas preferential imports            duties deposited with GATT by the Community
are effected up to the level of ceilings calculated by value       during the last series of tariff negotiations ; whereas ,
in respect of each product on the basis of factors which           moreover, in view of the special nature which trade
are uniform for all the products ; whereas, in order               in the products concerned may have, it appears
that the preferences granted to the most competitive               expedient to calculate in terms of tonnages the ceilings
developing country or countries should be restricted               for preferential imports of such products ;
and that a substantial quota share should be reserved
for the least competitive, preferential imports from               Whereas the offer made by the Community includes a
any one developing country in respect of a given                   clause stipulating that the Community drew up the
product should not, as a general rule, exceed 50% of               offer on the assumption that all the main industrialized
the ceiling fixed for that product ;                               countries which are members of the OECD would
                                                                   participate in granting preferences and would make
Whereas, in the offer made by the Community, the                   similar efforts in this direction ; whereas, moreover,
annual ceilings should ordinarily be calculated on the             it is evident from the conclusions worked out in
basis of the total value for 1968 of c.i.f. imports from           UNCTAD that this offer, while being of a temporary
the countries benefiting from this scheme, excluding               nature, does not constitute a binding commitment and,
those already enjoying various preferential tariff                 in particular, may be withdrawn wholly or in part at
arrangements granted by the Community, increased by                a later date ; whereas this possibility may be adopted
5% of the value of c.i.f . imports from the other coun­            inter alia with a view to remedying any unfavourable
tries and from countries already enjoying such                     situations which might arise in the associated countries
arrangements ;                                                     following the implementation of the generalized
                                                                   preference scheme ;
Whereas, however, in lespect of cotton textile products
covered by the Long-term Arrangement regarding                     Whereas tariff preferences have been applied as from
International Trade in Cotton Textiles, the offer made             the second half of 1971 under the conditions set out
by the Community lays down that the preferences,                   above and whereas these preferences should continue
in the form of duty-free ceilings ordinarily calculated            to be applied, pro rata temporis, until 30 September
according to the formula set out in the preceding                  1973 ; whereas with regard to the terms of the offer
recital, will be granted to the countries enjoying                 concerned, the abovementioned additional sum of
generalized preferences which are signatories to                   5 % may refer to 1970 ;
 ---pagebreak--- 72                                   Official Journal of the European Communities
Whereas it is expedient, therefore, in respect of the           2. This suspension shall be enjoyed solely by products
products referred to in Annex A which originate in              originating in the countries listed in Annex B. How­
the countries listed in Annex B, that the Community             ever, imports already enjoying exemption from
should allow, for each category of these products               customs duties under other preferential tariff arrange­
and until 30 September 1973 , duty-free imports                 ments shall not be charged against the ceilings specified
within the limits of the Community ceilings calculated          in paragraph 3 . For the purposes of the application
in the manner set out above ; whereas the benefit of            of this Regulation, the concept of originating products
such tariff exemption should be reserved for products           shall be determined in accordance with the procedure
originating in the countries under consideration,               laid down in Article 14 of Regulation (EEC) No
the concept of 'originating products' being determined          802/68 .
in accordance with the procedure laid down in Article
14 of Council Regulation (EEC) No 802/68 (*) of                 3 . Subject to the provisions of Article 2 and Article
27 June 1968 on the common definition of the con­               4 (2) this suspension shall be granted, in respect of
cept of the origin of goods ; whereas charges against           each category of products, within a Community
each of these ceilings must, as a general rule, come            ceiling which shall be equal to three-quarters of the
within a maximum Community amount of 50% in                     amount obtained by adding together imports in 1968,
respect of the products originating in any of the               expressed in metric tons, of the products concerned
abovementioned countries ;                                      from the countries listed in Annex B, excluding those
                                                                already enjoying various preferential tariff arrange­
Whereas, under these circumstances, these objectives             ments granted by the Community, and 5% of the
may be reached by applying a method of administration            tonnage of imports in 1970 from other countries and
based on the charging, at Community level , against              from countries already enjoying such arrangements.
the abovementioned ceilings and maximum amounts,
of imports of he products concerned as and when
these products are presented for custom ; clearance              4. Subject to the provisions of Article 2 and Article
under cover of declarations that they have been                 4 (2), within each ceiling thus calculated, charges of
entered into consumption and accompanied by a                    products originating in any one of the countries listed
certificate of origin ; whereas this method of administra­        in Annex B should not exceed a Community maximum
tion must make provision for the reintroduction of                amount equivalent to 50% of this ceiling with the
Common Customs Tariff duties as soon as the said                  exception of certain products for which the maximum
ceilings or maximum amounts are reached at Com­                  amount shall be reduced to the percentage shown
                                                                in Annex A.
munity level ;
Whereas such method of administration calls for                 5 . Any amendment to Annex B, in particular by the
very close and particularly rapid cooperation between           addition of new countries enjoying tariff preferences,
Member States and the Commission, which must,                   may entail a corresponding adjustment to the Com­
in particular, be able to observe the extent to which           munity ceilings and the maximum amounts referred
charges are made against the ceilings and maximum               to in paragraphs 3 and 4.
amounts and inform Member States thereof ; whereas
such cooperation should be particularly close in
view of the need for the Commission to be able to                                        Article 2
take appropriate measures to reintroduce Common
Customs Tariff duties either generally or individually,
when any of the ceilings or maximum amounts is                  1 . As soOn as the ceilings calculated in accordance
reached ;                                                       with the provisions of Article 1 (3), which are laid
                                                                down for Community imports of products originating
Whereas, since the ceilings concerned are valid until           in all of the countries referred to in Article 1 (2), are
30 September 1973 , the system established could be             reached at Community level, the levying of Common
amended to take into account the accession of new                Customs Tariff duties on imports of the products in
Member States :                                                 question from all the countries concerned may at any
                                                                time be reintroduced until the end of the period
HAS ADOPTED THIS REGULATION :                                   referred to in Article 1 ( 1).
                                                                2. As soon as the maximum amounts calculated
                          Article 1
                                                                 in accordance with the provisions of Article 1 (4),
1 . From 1 January to 30 September 1973 , the Com­              which are laid down for Community imports of
mon Customs Tariff duties on the products listed in             products originating in each of the countries referred
Annex A shall be totally suspended , subject to the             to in Article 1 (2), are reached for any one of these
provisions of Article 2 and Article 4 (2) of this                countries at Community level, the levying of the
Regulation.                                                      Common Customs Tariff duties on imports of the
                                                                 products in question from the country concerned
                                                                 may at any time be reintroduced until the end of the
 O OJ No L 148 , 28.6.1968 , p . 1 .                             period referred to in Article 1 (1 ).
 ---pagebreak---                                     Official Journal of the European Communities                                     73
                        Article 3                              2. The Commission shall reintroduce the levying
                                                               of Common Customs Tariff duties in respect of all
1 . Imports of the products in question shall be               the countries referred to in Article 1 (2) or in respect
actually charged against the Community ceilings                of any one of them by means of a Regulation in the
and maximum amounts as and when the products                   conditions laid down in Article 2 ( 1 ) and (2).
are presented for customs clearance under cover of
declarations that they have been entered into con­
sumption, and provided that they are accompanied                                       Article 5
by' a certificate of origin pursuant to the rules laid
down in Article 1 (2\                                          Member States shall inform the Commission at
2. An item of gocds may be charged against a                   regular intervals of imports of the products in question
ceiling or maximum amount only if the certificate              actually charged against the Community ceilings and
of origin referred to in paragraph 1 is submitted be­          maximum amounts laid down in Article 1 (3) and (4).
fore the date on which the levying of duties is re­
introduced .
                                                                                       Article 6
3 . The extent to which the ceilings and maximum
amounts have been actually used up shall be recorded           The above provisions may be amended to take account
at Community level on the basis of the imports                 of the situation resulting from the accession of new
charged in the condi :ions laid down in paragraphs 1           Member States .
and 2 .
                        Article 4                                                     Article 7
1 . The Commission , in close cooperation with the
Member States , shall take all necessary measures to           This Regulation shall enter into force on 1 January
ensure that the above provisions are applied.                  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--- 74                              Official Journal of the European Communities
                                                       ANNEX A
   List of products originating in developing countries to which the Generalized Tariff Preferences
                                       for certain textile products will apply
   CHAPTER 54
       54.05           Woven fabrics of flax or of ramie
   CHAPTER 55
        55.05          Cotton yarn , not put up for retail sale :
                       A. Multiple or cabled, finished, in balls or on cards, reels, tubes or similar
                            supports, of a weight (including support) not exceeding 900 g
                       B. Other :
                            I. Measuring, per simple yarn , 120 000 m or more per kg
        55.06          Cotton yarn, put up for retail sale
       55.07           Cotton gauze
       55.08           Terry towelling and similar terry fabrics , of cotton
        55.09          Other woven fabrics of cotton :
                       A. Containing 85 % or more by weight of cotton :
                       ex I. Of a width of less than 85 cm :
                               — other than raw cotton ( x)
                       B. Other
   CHAPTER 58
        58.04          Woven pile fabrics and chenille fabrics (other than terry towelling or similar
                       terry fabrics of cotton falling within ' heading No 55.08 and fabrics falling within
                       heading No 58.05)
        58.10          Embroidery, in the piece, in strips or in motifs :
                       B. Other
   CHAPTER 60
        60.01           Knitted or crocheted fabric, not elastic nor rubberized :
                       B. Of man-made fibres
                        C. Of other textile materials
   ex 60.02             Gloves , mittens and mitts , knitted or crocheted , not elastic nor rubberized
        60.04           Undergarments, knitted or crocheted, not elastic nor rubberized :
                        A. Of cotton ( 1 )
   (l) For products falling within this subheading the maximum Community amount referred to in Article 1 (4) of this
       Regulation is reduced to 30% .
 ---pagebreak---                                Official Journal of the European Communities                                       75
     60.05           Outer garments and other articles, knitted or crocheted , not elastic nor rubberized :
                     A. Outer garments and clothing accessories
                         II . Other
                     B. Other
     60.06           Knitted or crocheted fabric and articles thereof, elastic or rubberized (including
                     elastic knee-caps and elastic stockings )
                     A. Fabric
CHAPTER 61
     60.01           Men's and boys' outer garments
     61.02           Women 's, girls' and infants' outer garments
     61.03           Men's and boys' undergarments, including collars, shirt fronts and cuffs
     61.04           Women's , girls' and infants' undergarments
     61.05           Handkerchiefs
 CHAPTER 62
     62.01           Travelling rugs and blankets :
                     A. Electrically heated
                     B. Other :
                          I. Of cotton
                         II . Of other textile materials
     62.03           Sacks and bags, of a kind used for the packing of goods :
                     B. Of other textile materials :
                         I. Used :
                             ex b) Other :
                                    — of cotton
                     ex II . Other :
                              — of cotton ( 1)
     62.04           Tarpaulins , sails , awnings , sunblinds , tents and camping goods
J1) For products falling within this subheading the maximum Community amount referred to in Article 1 (4) of this
    Regulation is reduced to 30 %.
 ---pagebreak--- 76                     Official Journal of the European Communities
                                            ANNEX B
   List of developing countries benefiting under the Generalized Tariff Preferences for certain
                                         textile products
                                Afghanistan
                                Argentina
                                Bangladesh
                                Colombia
                                Egypt, Arab Republic of
                                El Salvador
                                India
                                Jamaica
                                Korea , Republic of (South Korea)
                                Mexico
                                Pakistan
                                Thailand