CELEX: 31975R3003
Language: en
Date: 1975-11-17 00:00:00
Title: Regulation (EEC) No 3003/75 of the Council of 17 November 1975 opening, allocating and providing for the administration of Community tariff quotas for certain textile products originating in developing countries

16                                     Official Journal of the European Communities                             29 . 11 . 75
                             REGULATION (EEC) No 3003/75 OF THE COUNCIL
                                                    of 17 November 1975
             opening, allocating and providing for the administration of Community tariff quotas
                           for certain textile products originating in developing countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           calculated each year on the basis of the latest figures
                                                                   available, provided that this entails no reduction in
                                                                   the ceiling;
Having regard to the Treaty establishing the
European Economic Community;
                                                                  Whereas, however, in view of the special nature
                                                                   which trade in the majority of textile products
Having regard to the proposal from the Commission ;                referred to in this Regulation may have, it appears
                                                                   generally expedient to calculate in terms of tonnages
                                                                   the ceilings for the preferential imports of such
Having regard to the Opinion of the European                       products, taking due account of deliveries effected
Parliament (*);                                                   by the beneficiary countries alone ; whereas, more­
                                                                   over, particularly in view of the high level of
                                                                   deliveries of the products in question to the
Whereas, within the context of UNCTAD , the                        Community by the third countries concerned, it
European Economic Community offered to grant                       appears appropriate, except in particular instances, to
tariff preferences on finished and semi-finished                   restrict preferential imports from any single
products coming from developing countries ; whereas                beneficiary country to 20 or 30% of the ceiling laid
the preferential treatment proposed in that offer                  down for each category of products concerned;
covers, generally speaking, all finished and
semi-finished industrial products covered by Chapters
25   to 99   of the    Brussels    Nomenclature which
                                                                   Whereas the offer made by the Community includes
originate in developing countries ; whereas the                    a clause stating that the Community drew up the
preference consists in the granting of exemption from              offer on the assumption that all the main
customs duties ; whereas preferential imports are                  industrialized countries which are members of the
effected up to the level of ceilings calculated by value           OECD would participate in granting preferences and
in respect of each product on the basis of factors                 would make similar efforts in this direction ; whereas,
which are uniform for all the products ; whereas, in               moreover, it is evident from the conclusions worked
order that the preferences granted to the most                     out in UNCTAD that this offer, while being of a
competitive developing country or countries should                 temporary nature, does not constitute a binding
be restricted and that a substantial share should be
                                                                   commitment and, in particular, may be withdrawn
reserved for the least competitive, preferential                   wholly or in part at a later date ; whereas this
imports from any one developing country in respect                 possibility may be adopted inter alia with a view to
of a given product should not, as a general rule,                  remedying any unfavourable situations which might
exceed 50% of the ceiling fixed for that product ;                 arise in the ACP States following the implementation
                                                                   of the generalized preference scheme ;
Whereas, in the offer made by the Community, the
annual ceilings should normally be calculated on the
basis of the total value for 1968 of cif imports from              Whereas, moreover, the conference of Heads of State
the countries benefiting from this scheme, excluding               or of Government of the Member States and the
those already enjoying various preferential tariff                 States acceding to the European Communities held
arrangements granted by the Community (basic                       in Paris from 19 to 21 October 1972 invited the
amount), plus 5% of the value of cif imports from                  Community institutions and the Member States
the other countries and from the countries already                 progressively to adopt an overall policy of
enjoying such arrangements ( additional amount);                   development cooperation on a world-wide scale
whereas such additional amount is variable and is                  comprising in particular the improvement of
                                                                   generalized preferences with the aim of achieving a
                                                                   steady increase in imports of manufactures from the
H OJ No C 257, 10 . 11 . 1975 , p. 30 .                            developing countries ;
 ---pagebreak--- 29 . 11 . 75                             Official Journal of the European Communities                                    17
Whereas tariff preferences have been applied from                   above, the Community nature of the quotas can be
the second half of 1971 under the conditions set out                respected by allocating the Community tariff quota
above and whereas these preferences should continue                 among Member States ; whereas, moreover, to this
to be applied throughout 1976;                                      end and in the context of the utilization system, the
                                                                    actual charges against the quotas may relate only to
                                                                    products which are entered for home use and which
Whereas, in accordance with Protocol 23 to the Act                  are accompanied by a certificate of origin;
of Accession (*) the generalized tariff preference
scheme has been applicable in the new Member
States since 1 January 1974 ;                                       Whereas the application of the generally accepted
                                                                    principles in respect of the allocation of the
                                                                    Community tariff quotas which have been opened
Whereas, having regard to the terms of the offer                    hitherto entails under these circumstances, in view of
concerned and to the need to improve the generalized                the variety of the products concerned and the fact
preferences the abovementioned basic and additional
                                                                    that the beneficiary countries are specified, calcu­
amounts should normally refer to 1971 ; whereas,                    lations which are all the more problematic in that
however, in respect of textile products, the                        the statistical data required sometimes prove to
complexity of the measures to be implemented,                       be incomplete or not sufficiently accurate or
combined with the abovementioned aim of improving                   representative ; whereas the time required for these
the generalized preferences, could in 1974 and 1975                 calculations cannot be reconciled with the continuity
be overcome only by means of successive flat-rate                   necessary for the application of the tariff preferences
increases of around 50% and 5% in the ceilings fixed                concerned ; whereas, under these conditions, it would
for 1973 ; whereas the same situation will again                    be advisable still at this stage to adopt a fixed scale
prevail in 1976, so that such improvement can be                    for allocating the Community tariff quotas concerned
effected only by means of a flat-rate increase of 5%                among the Member States ; whereas, using as a basis
in the ceilings fixed for 1975 ;                                    general economic criteria relating to external trade
                                                                    either as a whole or in the textile sector alone, the
Whereas it is expedient, therefore, in respect of the               gross national product and population, the
products referred to in Annex A which originate in                  percentages jfor the initial shares of the Member
the countries listed in Annex B, that the Community                 States in the quota amounts are as follows for the
should open, for 1976, duty-free Community tariff                   quota year under consideration :
quotas within the limits of the amounts in units of
account or metric tons given in respect of each of                          Germany                             27%
these products ;
                                                                            Benelux                             10%
Whereas charges against each of these tariff quotas                         France                              19%
must, in respect of the products originating in any
of the abovementioned countries, come within a                              Italy                               14%
specified percentage of the amount of the quota ;
                                                                            Denmark                              7%
whereas the benefit of such tariff quotas should be
reserved for products originating in the countries                          Ireland                              1%
under consideration, the concept of 'originating
products' being determined in accordance with the                           United Kingdom                      22%
procedure laid down in Article 14 of Council Regu­
lation (EEC) No 802/68 (2 ) of 27 June 1968 on the
common definition of the concept of the origin of
goods ;                                                             Whereas, without affecting the Community nature
                                                                    of the tariff quotas under consideration, it appears
                                                                    possible to provide at this stage for a utilization
Whereas it is necessary to ensure equal and                         scheme based on a single allocation among the
continuous access for all Community importers to the                Member States ; whereas, moreover, the allocation
abovementioned quotas and the uninterrupted                         set out by this Regulation in no way prejudices the
application of the rate laid down for those quotas to               possibility of adopting the general method of
all imports of the products concerned into all                      allocation of Community tariff quotas comprising the
Member States until those quotas are used up ;                      setting up of a reserve share ; whereas implementation
whereas, having regard to the principles set out                    of this principle in this particularly sensitive sector
                                                                    can, however, take place only progressively, yet must
                                                                    remain attuned to the methods of administration laid
                                                                    down in the general framework of the generalized
(!) OJ No L 73 , 27. 3 . 1972, p . 14.                              tariff preference scheme ; whereas at the present
(2 ) OJ No L 148 , 28 . 6. 1968 , p. 1 .                            juncture it appears feasible that such allocation could
 ---pagebreak---  18                                Official Journal of the European Communities                               29. 11 . 75
be made according to the percentages set out in the            3 . The amount to be charged in respect of each
table above; whereas, however, as regards certain              country referred to in paragraph 2 against each of
yarn and woven fabrics of synthetic textile fibres and         the tariff quota amounts mentioned above shall be
sisal twine falling within heading Nos 51.04 and ex            limited to the maximum amount given as a percentage
59.04, and subheadings 56.05 A and 56.07 A of the              or in metric tons in column 4 of Annex A against
Common Customs Tariff, one new Member State,                   each category of products.
the Kingdom of Denmark, has for some years been
importing these at a relatively high level from certain        4. Any amendments to Annex B, in particular by
developing countries and has therefore ceased to               the addition of new countries enjoying tariff
produce the articles in question ; whereas, this special       preferences, may entail a corresponding adjustment
situation should temporarily continue to be taken              to the amounts of the quotas and to the maximum
into account and this      Member State      should   be       amounts appearing in columns 3 and 4 of Annex A.
granted an increased share without restricting the
access thereto of countries benefiting from generalized
preferences ;                                                                          Article 2
                                                               1 . The Community tariff quotas referred to in
Whereas since the Kingdom of Belgium, the Kingdom              Article 1 shall be allocated in shares which shall be,
of the Netherlands and the Grand Duchy of                      for each Member State, the amounts corresponding
Luxembourg are united in and represented by the                to the quantities shown in column 5 of Annex A
Benelux Economic Union, all transactions concerning            against each category of products.
the administration of the shares     allocated to    the
Benelux Economic Union may be carried out by any               2. The shares allocated to       Denmark     for  certain
one of its members,                                            products falling within heading Nos 51.04 and ex
                                                               59.04, and subheadings 56.05 A and 56.07 A shall
                                                               be increased by an amount determined by a footnote
                                                               to Annex A.
HAS ADOPTED THIS REGULATION :                                  Article 1 (3 ) shall not apply to such an increase.
                                                                                       Article 3
                       Article 1
                                                                1 . The Member States shall ensure free access to the
                                                               shares which have been allocated to them for
1 . From 1 January to 31 December 1976 the
Common Customs Tariff duties and the tariff duties             importers of the said goods who are established in
of the new Member States on the products listed in             their territory.
Annex A shall be completely suspended within the
framework of Community tariff quotas of volumes                2 . The extent to which the shares of Member States
which shall be expressed in metric tons and which              have been actually used up shall be determined on
shall be indicated in respect of each product in               the basis of imports of the said goods which have
column 3 of that Annex .                                       been    entered    for  home    use    and   which     are
                                                               accompanied by a certificate of origin in accordance
                                                               with the rules referred to in Article 1 (2).
2. These tariff quotas shall be enjoyed solely by
products originating in the countries listed in Annex          3 . Goods shall qualify for a tariff quota only if the
B. However, those imports which already enjoy                  certificate of origin referred to in paragraph 2 is
exemption from customs duties under other                      presented before the date on which the levying of
preferential tariff arrangements granted by the                duties is re-introduced.
Community may not be charged against these tariff
quotas . For the purpose of this Regulation, the
concept of originating products shall be determined                                    Article 4
in accordance with the procedure laid down in
Article 14 of Regulation (EEC) No 802/68 .                     The Commission shall take all necessary measures to
                                                               ensure that the maximum amount referred to              in
                                                               Article 1 (3 ) is observed. When the charges, at
With regard to carpets, carpeting and rugs,                    Community level, of products originating in each of
mentioned in Annex A and falling within subheading             the countries listed in Annex B against any one of the
58.01 ex A, the certificates of origin for these               Community tariff quotas reach the maximum amount
products shall state the number of knots per metre             laid down in column 4 of Annex A, the Commission
of warp.                                                       shall immediately notify the Member States of the
 ---pagebreak--- 29 . 11.75                          Official Journal of the European Communities                                    19
date on which, as a result of this fact, the normal                                    Article 6
tariff is to be re-introduced in respect of the country
in question. This notification shall be published in the       Member States and the Commission shall cooperate
Official Journal of the European Communities .                 closely to ensure that the above Articles are observed.
                         Article 5
                                                                                       Article 7
Member States shall       inform   the  Commission     at
regular intervals of imports of the products in               This Regulation shall enter into force on 1 January
question actually charged against their shares.                1976.
     i
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 17 November 1975 .
                                                                                     For the Council
                                                                                      The President
                                                                                       E. COLOMBO
 ---pagebreak---  20                                             Official Journal of the European Communities                                  29 . 11.75
                                                                       ANNEX A
                 List of products subject to zero-duty Community tariff quotas under the generalized tariff
                                                  preferences granted to developing countries
                                                                                        Maximum amount
             CCT                                                               Quota     per country
                                                                                                           Volume of shares allocated to
           heading                                                            amount in      (4)
 Order                                      Description                        metric
                                                                                                           Member States in metric tons
   No         No
                                                                                tons
                                                                                                  metric
              (1)                                 (2)                            (3)    %          tons                (5)
    1        51.01      Yarn of man-made fibres (continuous),                  1489     50         745   Germany                  402-03
                        not put up for retail sale :                                                     Benelux                  148.90
                                                                                                         France                   282-91
                        A. Yarn of synthetic textile fibres                                              Italy                    208*46
                                                                                                         Denmark                  104*23
                        B. Yarn of regenerated textile fibres :                                          Ireland                    14-89
                             II. Other                                                                   United Kingdom           327*58
    2        51.04      Woven        fabrics    of    man-made        fibres     364    30         109   Germany                    98.28
                        (continuous), including woven fabrics of                                         Benelux                    36*40
                        monofil or strip of heading No 51.01 or                                          France                     69*16
                        51.02                                                                            Italy                      50.96
                                                                                                         Denmark (*)                25*48
                                                                                                         Ireland                     3.64
                                                                                                         United Kingdom             80.08
     3        56.05     Yarn of man-made fibres (discontinuous                    604   20         121    Germany                  163.08
                        or waste), not put up for retail sale :                                          Benelux                     60*40
                                                                                                         France                    114.76
                        A. Of synthetic textile fibres                                                   Italy                       84.56
                                                                                                         Denmark (2)                 42*28
                                                                                                         Ireland                      6.04
                                                                                                          United Kingdom           132.88
     4        56.07      Woven        fabrics    of    man-made        fibres     563   30         169    Germany                  152.01
                         (discontinuous or waste) :                                                      Benelux                     56*30
                                                                                                         France                    106.97
                        A. Of synthetic textile fibres                                                   Italy                       78.82
                                                                                                         Denmark (3)                 39-41
                                                                                                         Ireland                      5.63
                                                                                                         United Kingdom            123.86
i1) Pursuant to Article 2 (2) this share is increased by 26 • 90 metric tons.
(a) Pursuant to Article 2 (2 ) this share is increased by 61-64 metric tons.
(s) Pursuant to Article 2 (2) this share is increased by 464-30 metric tons.
 ---pagebreak--- 29 . 11 . 75                                  Official Journal of the European Communities                                           21
                                                                                    Maximum amount
             CCT                                                           Quota       per country
                                                                                                         Volume of shares allocated to
            heading                                                       amount in         (4)
  Order                                      Description                                                 Member States in metric tons
              No                                                           metric
    No
                                                                            tons
                                                                                                metric
              (1)                                 (2)                        (3 )    %           tons                (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                           — 350 rows of knots or less               2 835     30          850   Germany                  765-45
                                                                                                       Benelux                  283-50
                                                                                                       France                   538-65
                                                                                                       Italy                    396-90
                                                                                                       Denmark                  198-45
                                                                                                       Ireland                   28-35
                                                                                                       United Kingdom          623-70
     6                           — More than 350 rows of knots             2 315     30          695   Germany                  625-05
                                     but not more than 500 rows of                                     Benelux                  231-50
                                     knots                                                             France                   439-85
                                                                                                       Italy                    324-10
                                                                                                       Denmark                  162-05
                                                                                                       Ireland                    23-15
                                                                                                       United Kingdom           509-30
           ex 59.04     Twine, cordage, ropes and cables, plaited
                        or not :
     7                  — Of hemp                                          2 646     30          794   Germany                  714-42
                                                                                                       Benelux                  264-60
                                                                                                       France                   502-74
                                                                                                       Italy                    370-44
                                                                                                       Denmark                  185-22
                                                                                                       Ireland                   26-46
                                                                                                       United Kingdom           582-12
     8                  — Of sisal (agave sisalana)                           662    30          199   Germany                  178-74
                                                                                                       Benelux                    66-20
                                                                                                       France                   125-78
                                                                                                       Italy                      92-68
                                                                                                       Denmark (')               46-34
                                                                                                       Ireland                     6-62
                                                                                                       United Kingdom           145-64
     9                  — Of synthetic textile fibres                         637    30          191   Germany                  171-99
                                                                                                       Benelux                    63-70
                                                                                                       France                   121-03
                                                                                                       Italy                      89-18
                                                                                                       Denmark                   44-59
                                                                                                       Ireland                     6-37
                                                                                                       United Kingdom           140-14
    10                  — Other, other than of coir                          497     30          149   Germany                  134-19
                                                                                                       Benelux                   49-70
                                                                                                       France                    94-43
                                                                                                       Italy                      69-58
                                                                                                       Denmark                   34-79
                                                                                                       Ireland                     4-97
                                                                                                       United Kingdom           109-34
y1) Pursuant to Article 2 (2) this share is increased by 158 metric tons.
 ---pagebreak--- 22                                  Official Journal of the European Communities                             29 . 11 . 75
                                                                       Maximum amount
                                                              Quota      per country
        CCT                                                  amount in                     Volume of shares allocated to
       heading                                                               (4)
Order                            Description                  metric                       Member States in metric tons
 No      No                                                    tons
                                                                                  metric
         (1)                          (2)                       (3)     %          tons                 (5)
 11   ex 60.03  Stockings, under stockings, socks, ankle­       282     30           85  Germany                    76.14
                socks , sockettes and the like, knitted or                               Benelux                    28-20
                crocheted, not elastic or rubberized :                                   France                     53.58
                                                                                         Italy                      39-48
                — Other than of cotton                                                   Denmark                    19-74
                                                                                         Ireland                     2.82
                                                                                         United Kingdom             62.04
 12       60.04 Under garments, knitted or crocheted,         1820      20         364   Germany                  491-40
                not elastic or rubberized :                                              Benelux                  182.00
                                                                                         France                   345-80
                B. Of other textile materials                                            Italy                    254-80
                                                                                         Denmark                  127.40
                                                                                         Ireland.                   18-20
                                                                                         United Kingdom           400-40
  13      60.05 Outer garments and other articles,              547     30          164   Germany                 147.69
                knitted or crocheted, not elastic or rub­                                Benelux                    54.70
                berized :                                                                France                   103.93
                   A. Outer garments         and   clothing                              Italy                      76.58
                        accessories .                                                    Denmark                    38*29
                                                                                         Ireland                     5*47
                        ex II. Other, other than of cotton                               United Kingdom           120*34
                 ex B. Other, other than of cotton
 ---pagebreak--- 29 . 11 . 75                        Official Journal of the European Communities                            23
                                                        ANNEX B
                    List of developing countries and territories enjoying generalized tariff preferences
Afghanistan                                Haiti                                     Qatar
Algeria                                   Honduras                                   Rwanda
Argentina                                 India                                      Saudi Arabia
Bahamas                                    Indonesia                                 Senegal
Bahrain                                   Iran                                       Sierra Leone
Bangladesh                                Iraq                                       Singapore
Barbados                                   Ivory Coast                               Somalia
Bhutan                                     Jamaica                                   Sri Lanka
Bolivia                                   Jordan                                     Sudan
Botswana                                   Kenya                                     Surinam
Brazil                                     Khmer Republic                            Swaziland
Burma                                      Korea (South)                             Syria
Burundi                                    Kuwait                                    Tanzania
Cameroon                                   Laos                                      Thailand
 Cape Verde Islands                        Lebanon                                   Togo
Central African Republic                   Lesotho                                   Tonga
Chad                                       Liberia                                   Trinidad and Tobago
Chile                                      Libya                                     Tunisia
Colombia                                   Malagasy Republic                         Uganda
Congo, People's Republic of                Malawi                                    United Arab Emirates :
Costa Rica                                 Malaysia                                       Abu Dhabi
Cuba                                       Maldive Islands                                Dubai
Cyprus                                     Mali                                           Ras al Khaimah
Dahomey                                    Mauritania                                     Fujairah
Dominican Republic                         Mauritius                                      Ajman
Ecuador                                    Mexico                                         Sharjah
Egypt, Arab Republic of                    Morocco                                         Ummal Qaiwain
El Salvador                                Nauru                                     Upper Volta
Equatorial Guinea                          Nepal                                     Uruguay
Ethiopia                                   Nicaragua                                 Venezuela
Fiji                                       Niger                                     Vietnam, Republic of
Gabon                                      Nigeria                                   Western Samoa
Gambia                                     Oman                                      Yemen, People's Demc
Ghana                                      Pakistan                                  Republic of
Grenada
                                                                                     Yemen Arab Republic
                                           Panama
                                                                                     Yugoslavia
Guatemala                                   Papua New Guinea                         Zaire
Guinea                                     Paraguay                                  Zambia
Guinea Bissau                              Peru
Guyana                                     Philippines