CELEX: 31973R3504
Language: en
Date: 1973-12-18
Title: Regulation (EEC) No 3504/73 of the Council of 18 December 1973 opening, allocating and providing for the administration of Community tariff quotas for certain textile products and footwear originating in developing countries

No L 358/76                        Official Journal of the European Communities                             28 . 12. 73
                              REGULATION (EEC) No 3504/73 OF THE COUNCIL
                                                 of 18 December 1973
               opening, allocating and providing for the administration of Community tariff quotas
                   for certain textile products and footwear originating in developing countries
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                      Whereas, however, in view of the special nature
                                                                which trade in the majority of textile products referred
                                                                to in this Regulation may have, it appears gener­
                                                                ally expedient, wherever this is justified by the par­
Having regard to the Treaty establishing the Euro­              ticular sensitivity of the products to determine in
 pean Economic Community;                                       terms of tonnages the ceilings for the preferential
                                                                imports of such product, taking due account of deli­
                                                                veries effected by the beneficiary countries alone;
                                                                whereas, moreover, particularly in view of the high
Having regard to the proposal from the Commission ;             level of deliveries of the products in question to the
                                                               Community by the third countries concerned, it ap­
                                                                pears appropriate, except in particular instances, to
Having regard to the Opinion of the European Par­              restrict preferential imports from any single benefi­
 liament;                                                       ciary country to 20 or 30% of the ceiling laid down
                                                               for each category of products concerned;
 Whereas, within the context of UNCTAD, the Euro­
pean Economic Community offered to grant tariff
preferences on finished and semifinished products              "Whereas stating the offer made by the Community
coming from developing countries; whereas the pre­             includes a clause that the Community drew up the
ferential treatment proposed in that offer covers,              offer on the assumption that all the main industrial­
                                                                ized countries which are members of the OECD would
generally speaking, all finished and semi-finished
industrial products covered by Chapters 25 to 99 of            participate in granting preferences and would make
the Brussels Nomenclature which originate in devel­            similar efforts in this direction ; whereas, moreover,
                                                               it is evident from the conclusions worked out in
 oping countries ; whereas the preference consists in
the granting of exemption from customs duties;                 UNCTAD that this offer, while being of a temporary
whereas preferential imports are effected up to the            nature, does not constitute a binding commitment
level of ceiling calculated by value in respect of each        and, in particular, may be withdrawn wholly or in
product on the basis of factors which are uniform              part at a later date; whereas this possibility may be
for all the products ; whereas, in order that the pre­         adopted inter alia with a view to remedying any
ferences granted to the most competitive developing            unfavourable situations which might arise in the
country or countries should be restricted and that a           associated countries following the implementation of
substantial share should be reserved for the least             the generalized preference scheme;
 competitive, preferential imports from any one devel­
oping country in respect of a given product should
not, as a general rule, exceed 50% of the ceiling              Whereas, moreover, the Conference of Heads of State
fixed for that product;                                        or of Government of the Member States and the
                                                               States acceding to the European Communities held in
                                                               Paris from 19 to 21 October 1972 invited the Com­
Whereas, in the offer made by the Community, the               munity institutions and the Member States progress­
annual ceilings should normally be calculated on the           ively to adopt an overall policy of development coop­
basis of the total value for 1968 of cif imports from          eration on a worldwide scale comprising in particular
the countries benefiting from this scheme, excluding           the improvement of generalized preferences with the
those already enjoying various preferential tariff             aim of achieving a steady increase in imports of
arrangements granted by the Community, (basic                  manufactures from the developing countries ;
amount), plus 5% of the value of cif imports from
the other countries and from the countries already
enjoying such arrangements (additional amount);
whereas such additional amount is variable and is              Whereas tariff preferences have been applied from
calculated each year on the basis of the latest figures        the second half of 1971 under the conditions set out
available, provided that this entails no reduction in          above and whereas these preferences should continue
the ceiling;                                                   to be applied throughout 1974;
 ---pagebreak---  28 . 12. 73                            Official Journal of the European Communities                           No L 358/77
Whereas, in accordance with Protocol No 23 to the                  Whereas the application of the generally accepted
Act of Accession (*), the generalized tariff preference            principles in respect of the allocation of the Com­
scheme will be applicable in the new Member States                 munity tariff quotas which have been opened hitherto
from 1 January 1974;                                               entails under these circumstances, in view of the
                                                                   variety of the products concerned and the fact that
                                                                   the beneficiary countries are specified, calculations
                                                                   which are all the more problematic in that the
Whereas, having regard to the terms of the offer                   statistical data required sometimes prove to be in­
 concerned and to the need to improve the generalized              complete or not sufficiently accurate or represen­
preferences the abovementioned basic and additional                tative; whereas the time required for these calculations
 amounts should normally refer to 1971 ; whereas,                  cannot be reconciled with . the continuity necessary
however, in respect of textile products, the com­                  for the application of the tariff preferences con­
plexity of the measures to be implemented, combined                cerned; whereas, under these conditions, it would be
with the abovementioned aim of improving the gen­
                                                                   advisable still at this stage to adopt a fixed scale for
 eralized preferences, as can be overcome only by                  allocating the Community tariff quotas concerned
 means of a flat-rate increase of some 50% in the
                                                                   among the Member States ; whereas, using as a basis
 ceilings fixed for 1973 ;
                                                                   general economic criteria relating to external trade
                                                                   either as a whole or in the textile sector alone, the
                                                                   gross national product and population, the percent­
Whereas it is expedient, therefore, in respect of the              ages for the initial shares of the Member States in
products referred to in Annex A which originate in                 the quota amounts are as follows for the quota year
the countries listed in Annex B, that the Community                under consideration :
should open, for 1974, duty-free Community tariff
quotas within the limits of the amounts in units of                                        for products other for textile
account or metric tons given in respect of each of                                             than textiles   products
these products ;
                                                                            Germany               27-5%        27%
                                                                            Benelux               10-5%        10%
Whereas charges against each of these tariff quotas                         France                19-0%        19°/o
must, in respect of the products originating in any
of the abovementioned countries, come within a                              Italy                 15-0%        14%
specified percentage of the amount of the quota;
whereas the benefit of such tariff quotas should be                         Denmark                5-0%         7%
reserved for products originating in the countries                         Ireland                 1-0%         1%
under consideration, the concept of 'originating
products' being determined in accordance with the                          United Kingdom         22-0%        22%
procedure laid down in Article 14 of Council Regu­
lation (EEC) No 802/68 (2) of 27 June 1968 of the                  Whereas, without affecting the Community nature
common definition of the concept of the origin of                  of the tariff quotas under consideration, it appears
goods;                                                             possible to provide at this stage for a utilization
                                                                   scheme based on a single allocation among the
                                                                   Member States ; whereas, moreover, the allocation
Whereas it is necessary to ensure equal and con­                  set out by this Regulation in no way prejudices the
tinuous access for all Community importers to the                 possibility of adopting, following a limited experi­
abovementioned quotas and the uninterrupted appli­                mental period, the general method of allocation of
cation of the rate laid down for those quotas to all               Community tariff quotas comprising the setting up
imports of the products cqncerned into all Member                  of a reserve share; whereas at the present juncture it
States until those quotas are used up ; whereas, having            appears feasible that such allocation could be made
regard to the principles set out above, the Com­                   according to the percentages set out in the table
munity nature of the quotas can be respected by                    above; whereas, however, as regards certain yarn and
allocating the Community tariff quota among Mem­                   woven fabrics of synthetic textiles fibres and sisal
ber States ; whereas, moreover, to this end and in the            twine falling within subheading Nos 51.04, 56.05 A,
context of the utilization system, the actual charges             56.07 A and ex 59.04 of the Common Customs
against the quotas may relate only to products which              Tariff, one new Member State, the Kingdom of Den­
are entered for home use and which are accompanied                 mark, has for some years been importing these at a
by a certificate of origin;                                       relatively high level from certain developing countries
                                                                   and has therefore ceased to produce the articles in
                                                                   question ; whereas, this special situation should tem­
                                                                  porarily be taken into account and this Member State
                                                                  should be granted an increased share without restric­
O OJ No L 73 , 27. 3 . 1972, p. 14.                               ting the access thereto of countries benefiting from
(2) OJ No L 148 , 28 . 6. 1958 , p. 1 .                            generalized preferences ;
 ---pagebreak---  No L 358/78                         Official Journal of the European Communities                              28 . 12. 73
Whereas since the Kingdom of Belgium, the King­                4. Any amendments to Annex B, in particular by
 dom of the Netherlands and the Grand Duchy of                  the addition of new countries enjoying tariff pre­
 Luxembourg are united in and represented by the                ferences, may entail a corresponding adjustment to
 Benelux Economic Union, all transactions concern­              the amounts of the quotas and to the maximum
 ing the administration of the shares allocated to the          amounts appearing in columns 3 and 4 of Annex A.
 Benelux Economic Union may be carried out by any
 one of its Members,
                                                                                          Article 2
                                                                 1 . The Community tariff quotas referred to in
 HAS ADOPTED THIS REGULATION :                                  Article 1 shall be allocated in shares which shall be,
                                                                for each Member State, the amounts corresponding
                                                               to the quantities shown in column 5 of Annex A
                                                                against each category of products.
                         Article 1
                                                               2 . The shares allocated to Denmark for certain
                                                               products falling within subheading Nos 51.04, 56.05
 1 . From 1 January to 31 December 1974 the Com­                A, 56.07 A and ex 59.04 shall be increased by an
mon Customs Tariff duties and the tariff duties of the          amount determined by a footnote to Annex A.
 new Member States on the products listed in Annex
 A shall be completely suspended within the frame­              Article 1 (3 ) shall not apply to such an increase. '
 work of Community tariff quotas in proportions
 which shall be expressed in metric tons or units of
 account and which shall be indicated in respect of
 each product in column 3 of such Annex.                                                 Article 3
Ireland is authorized to apply customs duties equal             1 . The Member States shall ensure free access to the
to the duties it applies in respect of the same pro­            shares which have been allocated to them for im­
 ducts vis-a-vis Member States other than the United           porters of the said goods who are established in
 Kingdom .                                                     their territory.
                                                               2 . The extent to which the shares of Member States
2. These tariff quotas shall be enjoyed solely by              have been actually used up shall be determined on
products originating in the countries listed in Annex          the basis of imports of the said goods which have
B. However, those imports which already enjoy                  been entered for home use and which               are ac­
exemption from customs duties under other preferen­             companied by a certificate of origin in accordance
tial tariff arrangements granted by the Community              with the rules referred to in Article 1 (2).
may not be charged against these tariff quotas . For
the purpose of this Regulation, the concept of ori­
ginating products shall be determined in accordance            3 . Goods shall qualify for a tariff quota only if the
with the procedure laid down in Article 14 of Regu­            certificate of origin referred to in paragraph 2 is
lation (EEC) No 802/68 .                                       presented before the date on which the levying of
                                                                duties is reintroduced.
With regard to carpets, carpeting and rugs, mentioned
in Annex A and falling under heading No 58.01 ex A,
the certificates of origin for these products shall state                                Article 4
the number of knots per metre of warp.
                                                               The Commission shall take all necessary measures to
                                                               ensure that the maximum amount referred to in
3 . The amount to be charged in respect of each                Article 1 (3 ) is observed. When the charges, at Com­
country referred to in paragraph 2 against each of             munity level, of products originating in each of the
the tariff quota amounts mentioned above shall be              countries listed in Annex B against any one of the
limited to the maximum amount given as a percent­              Community tariff quotas reach the maximum amount
age and either in metric tons or in units of account           laid down in column 4 of Annex A, the Commission
in column 4 of Annex A against each category of                shall immediately notify the Member States of the
products.                                                      date on which, as a result of this fact, the normal
 ---pagebreak--- 28 . 12. 73                         Official Journal of the European Communities                         No L 358/79
tariff is to be reintroduced in respect of the country                                 Article 6
in question. This notification shall be published in
the Official Journal of the European Communities.              Member States and the Commission shall cooperate
                                                               closely to ensure that the above Articles are observed.
                        Article 5
                                                                                       Article 7
 Member States shall inform the Commission at reg­
 ular intervals of imports of the products in question         This Regulation shall enter into force on 1 January
 actually charged against their shares.                        1.974.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 18 December 1973 .
                                                                                   For the Council
                                                                                     The President
                                                                                  J. CHRISTENSEN
 ---pagebreak--- No L 358/80                                      Official Journal of the European Communities                                        28 . 12 . 73
                                                                         ANNEX A
                     List of products subject to zero-duty Community tariff quotas under the generalized tariff
                                                     preferences granted to developing countries
                                                                                          Maximum amount
                                                                                Quota
              CCT                                                              amount in     per country
                                                                                                  (4)              Volume of shares allocated to
  Order     heading                            Description                      metric
    No         No                                                                tons
                                                                                                                 Member States in metric tons (a)
                                                                                  (a)                 metric
                                                                                          %            tons
               (D                                   (2)                           (3)                   (a)                    (5)
     1          51.01    Yarn of man-made fibres (continuous),                      1350  50                675 Germany                    364.50
                         not put up for retail sale :                                                           Benelux                    135.00
                                                                                                                France                    256.50
                         A. Yarn of synthetic textile fibres                                                    Italy                      189.00
                                                                                                                Denmark                     94.50
                         B. Yarn of regenerated textile fibres :                                                Ireland                     13.50
                              II. Other                                                                         United Kingdom             297.00
     2         51.04     Woven        fabrics     of    man-made        fibres        330 30                 99 Germany                     89.10
                         (continuous), including woven fabrics of                                               Benelux                     33.00
                         monofil or strip of heading No 51.01 or                                                France                      62.70
                         51.02                                                                                  Italy                       46.20
                                                                                                                Denmark i1)                 23.10
                                                                                                                Ireland                       3.30
                                                                                                                United Kingdom              72.60
     3         56.05     Yarn of man-made fibres (discontinuous                       548 20                110 Germany                    147*96
                         or waste), not put up for retail sale :                                                Benelux                     54*80
                                                                                                                France                     104.12
                         A. Of synthetic textile fibres                                                         Italy                       76*72
                                                                                                                Denmark (2)                 38.36
                                                                                                                Ireland                      5.48
                                                                                                                United Kingdom             120*56
     4         56. 07    Woven fabrics of man-made fibres                             510 30                153 Germany                    137.70
                          (discontinuous or waste) :                                                            Benelux                     51.00
                                                                                                                France                      96.90
                         A. Of synthetic textile fibres                                                         Italy                       71.40
                                                                                                                Denmark (3)                 35.70
                                                                                                                Ireland                       5*10
                                                                                                                United Kingdom             112.20
(a) Save as otherwise indicated.
(*) Pursuant to Article 2 (2) this share is increased by 26-90 metric tons.
(*) Pursuant to Article 2 (21 this share is increased by 61-64 metric tons.
(*) Pursuant to Article 2 (2) this share is increased by 464-30 metric tons.
 ---pagebreak--- 28 . 12 . 73                                    Official Journal of the European Communities                                   No L 358/81
                                                                                       Maximum amount
                                                                             Quota
             CCT                                                            amount in     per country
                                                                                              (4)               Volume of shares allocated to
  Order     heading                            Description                   metric
    No         No
                                                                                                               Member States in metric tons (a)
                                                                              tons
                                                                               (a)                 metric
                                                                                        %           tons
                1                                   2                           3                    (a)                     (5)
               58.01      Carpets, carpeting and rugs, knotted
                          ( made up or not) :
                         ex A. Of wool or of fine animal hair,
                                   containing per metre of warp :
     5                             — At least 350 rows of knots                  2 700  20               540  Germany                   729-00
                                                                                                              Benelux                   270-00
                                                                                                              France                    513-00
                                                                                                              Italy                     378-00
                                                                                                              Denmark                   189-00
                                                                                                              Ireland                     27-00
                                                                                                              United Kingdom            594-00
      6                                350 to 500 rows of knots                  2 100  30               630  Germany                   567-00
                                                                                                              Benelux                   210-00
                                                                                                              France                    399-00
                                                                                                              Italy                     294-00
                                                                                                              Denmark                   147-00
                                                                                                              Ireland                     21-00
                                                                                                              United Kingdom            462-00
           ex 59.04       Twine, cordage, ropes and cables, plaited
                          or not :
      7                   — Of hemp                                              2 400  30               720  Germany                   648-00
                                                                                                              Benelux                   240-00
                                                                                                              France                    456-00
                                                                                                              Italy                     336-00
                                                                                                              Denmark                   168-00
                                                                                                              Ireland                     24-00
                                                                                                              United Kingdom            528-00
      8                        Of sisal (agave sisalana)                           600  30               180  Germany                   162-00
                                                                                                              Benelux                     60-00
                                                                                                              France                    114-00
                                                                                                              Italy                       84-00
                                                                                                              Denmark (*)                 42-00
                                                                                                              Ireland                      6-00
                                                                                                              United Kingdom            132-00
      9                   — Of synthetic textile fibres                            578  30               173  Germany                   156-06
                                                                                                              Benelux                     57-80
                                                                                                              France                     109-82
                                                                                                              Italy                       80-92
                                                                                                              Denmark                     40-46
                                                                                                              Ireland                      5-78
                                                                                                              United Kingdom             127-16
     10                        Other, other than coir fibres                       450  30                135  Germany                   121-50
                                                                                                              Benelux                     45-00
                                                                                                              France                      85-50
                                                                                                              Italy                       63-00
                                                                                                              Denmark                     31-50
                                                                                                              Ireland                      4-50
                                                                                                               United Kingdom             99-00
 (a) Save as otherwise indicated.
 (x) Pursuant to Article 2 (2) this share is increased by 158 metric tons .
 ---pagebreak--- No L 358/82                                  Official Journal of the European Communities                                          28 . 12. 73
                                                                                     Maximum amount
                                                                           Quota
              CCT                                                        amount in      per country
                                                                                             (4)                 Volume of shares allocated to
 Order      heading                         Description                    metric
   No          No                                                           tons
                                                                                                               Member States in metric tons ( a)
                                                                             (a)                   metric
                                                                                      %             tons
                1                               2                             3)                     (a)                      5)
   11      ex 60.03     Stockings, under stockings, socks , ankle­               256 30                   77  Germany                     69-12
                        socks, sockettes and the like, knitted or                                             Benelux                     25-60
                        crocheted, not elastic or rubberized :                                                France                      48-64
                                                                                                              Italy                       35-84
                        — Other than of cotton                                                                Denmark                     17-92
                                                                                                              Ireland                       2-56
                                                                                                              United Kingdom              56-32
   12          60.04    Under garments, knitted or crocheted ,                1 650  20                  330  Germany                   445-50
                        not elastic or rubberized :                                                           Benelux                    165-00
                                                                                                              France                     313-50
                        B. Of other textile materials                                                         Italy                     231-00
                                                                                                              Denmark                    115-50
                                                                                                              Ireland                     16-50
                                                                                                              United Kingdom             363-00
   13          60.05     Outer garments         and     other articles ,         496 30                  149  Germany                    133-92
                        knitted or crocheted, not elastic or rub­                                             Benelux                     49-60
                         berized :                                                                            France                      94-24
                                                                                                              Italy                       69-44
                        A. Outer garments and clothing accesso­                                               Denmark                     34-72
                             ries :                                                                           Ireland                       4-96
                             ex II. Other                                                                     United Kingdom             109-12
                        ex B. Other
                                                                                               in units of account —
    14         64.01    Footwear with outer soles and uppers of          2 137 000   30            641 100    Germany                  587   675
                         rubber or artificial plastic material :                                              Benelux                  224   385
                                                                                                              France                   406   030
                                                                                                              Italy                    320   550
                                                                                                              Denmark                  106   850
                                                                                                              Ireland                    21  370
                                                                                                              United Kingdom           470   140
                                                                                                in units of account —
    15         64.02     Footwear with outer soles of leather or 17 458 000          20          3 491 600    Germany                4 800   950
                         composition leather ; footwear (other                                                Benelux                1 833   090
                        than footwear falling within heading No                                               France                 3 317   020
                         64.01 ) with outer soles of rubber or                                                Italy                  2 618   700
                         artificial plastic material :                                                        Denmark                  872   900
                                                                                                              Ireland                  174   580
                         A. Footwear with uppers of leather                                                   United Kingdom         3 840   760
                                                                                          — in units of account
    16         64.02     Footwear with outer soles of leather or         9 693 000   20          1 938 600    Germany                2 665   575
                         composition leather ; footwear (other than                                           Benelux                1 017   765
                         footwear falling within heading No 64.01 )                                           France                 1 841   670
                         with outer soles of rubber or artificial                                             Italy                  1 453   950
                         plastic material :                                                                   Denmark                  484   650
                                                                                                              Ireland                    96  930
                         B. Other
                                                                                                              United Kingdom 2 132 460
(a) Save as otherwise indicated.
 ---pagebreak--- 28 . 12. 73                         Official Journal of the European Communities                           No L 358/83
                                                       ANNEX B
                   List of developing countries and territories enjoying generalized tariff preferences
                                             INDEPENDENT COUNTRIES
Afghanistan                               India                                     Rwanda
Algeria                                   Indonesia                                 Saudi Arabia
Argentina                                 Iran                                      Senegal
Bahamas                                   Iraq                                      Sierra Leone
Bahrain                                   Ivory Coast                               Singapore
Bangladesh                                Jamaica                                   Somalia
Barbados                                  Jordan                                    Sri Lanka
Bhutan                                    Kenya                                     Sudan
Bolivia                                   Khmer Republic                            Swaziland
Botswana                                  Korea (South)                             Syria
Brazil                                    Kuwait                                    Tanzania
Burma                                     Laos                                      Thailand
Burundi                                   Lebanon                                   Togo
Cameroon                                  Lesotho                                   Tonga
Central African Republic                  Liberia                                   Trinidad and Tobago
Chad                                      Libya                                     Tunisia
Chile                                     Malagasy Republic                         Uganda
Colombia                                  Malawi                                    United Arab Emirates :
Congo, People's Republic of               Malaysia                                       Abu Dhabi
Costa Rica                                Maldive Islands                                Dubai
Cuba                                      Mali                                            Ras al Khaimah
Cyprus                                    Mauritania                                     Fujairah
Dahomey                                   Mauritius                                      Ajman
Dominican Republic                        Mexico                                          Sharjah
Ecuador                                   Morocco
                                                                                          Ummal Qaiwain
Egypt, Arab Republic of                   Nauru
                                                                                    Upper Volta
El Salvador                               Nepal                                     Uruguay
Equatorial Guinea                         Nicaragua                                 Venezuela
Ethiopia                                  Niger                                     Vietnam, Republic of
Fiji                                      Nigeria                                   Western Samoa
Gabon                                     Oman
                                                                                    Yemen, People's Democratic
Gambia                                    Pakistan                                  Republic of
Ghana                                     Panama
                                                                                    Yemen Arab Republic
Guatemala                                 Paraguay                                  Yugoslavia
Guinea                                    Peru                                      Zaire
Guyana                                    Philippines                               Zambia
Haiti                                     Qatar
Honduras                                  Romania