CELEX: 31975R3013
Language: en
Date: 1975-11-17 00:00:00
Title: Regulation (EEC) No 3013/75 of the Council of 17 November 1975 opening, allocating and providing for the administration of a Community tariff quota for preserved pineapples, other than in slices, half slices or spirals, originating in developing countries

29 . 11.75                              Official Journal of the European Communities                                   147
                                 REGULATION (EEC) No 3013 /75 OF THE COUNCIL
                                                     of 17 November 1975
               opening, allocating and providing for the administration of a Community tariff quota
               for preserved pineapples, other than in slices, half slices or spirals, originating in
                                                      developing countries
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           the preserved fruit and vegetable sector generally and
                                                                   of the need to safeguard the interests of the ACP
Having regard to the Treaty establishing the Euro­                 States in this field, to lay down for preserved
pean Economic Community, and in particular Ar­                     pineapples, other than in slices, half slices or spirals,
 ticle 43 thereof ;                                                special conditions consisting in a reduction of the
                                                                   customs duty applicable to that product within the
 Having regard to the proposal from the Com­                        limits of a Community tariff quota ;
 mission H ;
                                                                   Whereas the offer made by the Community includes
Having regard to the Opinion of the European                       a clause stating that the Community drew up the
Parliament ;
                                                                   offer on the assumption that all the main industrial­
                                                                   ized countries which are members of the          OECD
Whereas in the Joint Declaration of Intent ( 2 ) on the            would participate in granting preferences and would
development of trade relations with Sri Lanka, India,              make similar efforts in this direction ; whereas, more­
Malaysia, Pakistan and Singapore, the Community                     over, it is evident from the conclusions worked out
 declared its    readiness    to    seek solutions    to  the      in UNCTAD that this offer, while being of a tem­
problems which may arise in the field of trade with                porary nature, does not constitute a binding commit­
the countries referred to ;                                         ment and, in particular, may be withdrawn wholly
                                                                   or in part at a later date; whereas this possibility
Whereas in respect of several Asian countries of the               may be adopted inter alia with a view to remedying
Commonwealth and particularly as regards Malaysia                  any unfavourable situations which might arise in the
preserved pineapples are an important export                       ACP States following the implementation of the
product and the flow of trade in such products is                  generalized preference scheme;
likely to be changed as a result of the enlargement of
the Community ; whereas the system of generalized
tariff preferences may constitute a solution to the                Whereas tariff preferences have been applied as from
problems of this nature ; whereas certain forms of                 the second half of 1971 ; whereas it is expedient to
preserved pineapples should therefore be included                  continue to apply them throughout 1976 ;
in the system of generalized preferences ;
Whereas, within the context of UNCTAD , the Euro­                  Whereas it is expedient, therefore, that the Com­
pean Economic Community offered to grant tariff                    munity should open for 1976 in respect of the said
preferences on certain processed agricultural products             products, originating in the countries and territories
of Chapters 1 to 24 of the Common Customs Tariff                   listed in the Annex, a Community tariff quota
originating in developing countries ; whereas the                  limited to 30 000 metric tons and at a customs duty
preferential treatment proposed in that offer consists,            of 12% , increased by the levy on sugar where the
in respect of certain goods which are subject to the               sugar content exceeds 17% by weight in the case of
trade arrangements laid down in Regulation (EEC)                   products falling within subheading ex 20.06 B II a)
No 1059/69, of a reduction in the fixed component                  5 aa), and 19% by weight in the case of products
of the charge applicable to such goods by virtue of                falling within subheading ex 20.06 B II b) 5 aa);
that Regulation, and, in respect of products which
are subject to the single customs duty, of a reduction
                                                                   Whereas, in accordance with Protocol 23 to the Act
in such duty ; whereas preferential imports of the                 of Accession (3) the generalized tariff preference
products concerned could be effected without
                                                                   scheme became fully applicable in the new Member
quantitative restrictions ;         whereas it appears
                                                                   States on 1 January 1974 ;
appropriate, however, in view of the sensitiveness of
0 OJ No C 257 , 10. 11 . 1975 , p . 30
(2) OJ No L 73 , 27 3 . 1972 , p . 195 .                           (3) OJ No L 73 , 27. 3 . 1972 , p. 14.
 ---pagebreak---  148                                  Official Journal of the European Communities                             29 . 11 . 75
Whereas, for the said products, this scheme would,               the percentage of the shares of the quota amount
however, involve the application in the new Member               may be drawn up as follows :
 States in 1976 of customs duties higher than or very
                                                                          Germany                          20-5%
close to those which will be applied by the new
Member States to non-member countries in general                          Benelux                           4-9%
on the basis of the provisions of the abovementioned
                                                                          France                            05 %
Act; whereas this situation would comply neither
with the spirit nor with the very nature of the general­                  Italy                             2-0%
ized preference scheme; whereas, in order to main­
tain an equivalent preferential margin for these prod­                    Denmark                           1-9%
ucts also, reduced customs duties should be applied                       Ireland                           1-0%
 to them, in accordance with detailed rules based on
the principle of maintaining, in the new Member                           United Kingdom                   69-2%
States, a preference proportional to that which exists
between the duties of the Common Customs Tariff
 and the duties given in Article 1 to this Regulation;           Whereas, without affecting the Community nature of
whereas, with a view to granting the beneficiary                 the tariff quota under consideration, it appears poss­
developing countries the best possible treatment, in             ible to provide temporarily for a utilization scheme
accordance with the objectives of the preference                 based on a single allocation among the Member
scheme, the duties given in the abovementioned                   States ; whereas, moreover, the allocation set out by
Article 1 should also be applied wherever the duties             this Regulation in no way prejudices the possibility
calculated according to the abovementioned detailed              of adopting the general method of allocation of
rules prove to be higher than them;                              Community tariff quotas comprising the setting up
                                                                 of a reserve share; whereas at this transitional stage
                                                                 it appears feasible that such allocation could be made
                                                                 according to the percentage set out in the above table ;
Whereas the benefit of this tariff quota should be
reserved for products originating in the countries
                                                                 Whereas the percentage for the shares of the Member
and territories under consideration, the concept of
                                                                 States in the Community tariff quotas, in view of
'originating    products'       being    determined     in
accordance with the procedure laid down in Article               their duration and their amount, does not appear in
                                                                this instance to compromise the equal access for
14 of Council Regulation (EEC) No 802/68 (*) of
                                                                 Community importers to Community tariff quotas ;
27 June 1968 on the common definition of the
concept of the origin of goods;                                  whereas for this same reason it would appear expedi­
                                                                 ent to allow each Member State to choose the system
                                                                for administering its share ;
Whereas it is necessary to ensure equal and contin­
uous access for all Community importers to the
                                                                Whereas since the Kingdom of Belgium, the King­
abovementioned quota and the uninterrupted appli­
                                                                dom of the Netherlands and the Grand Duchy of
cation of the rate laid down for this quota to all
                                                                Luxembourg are united in and represented by the
                                                                Benelux Economic Union, all transactions concern­
imports of the products concerned into all Member               ing the administration of the share allocated to that
States until this quota is used up ; whereas having             Economic Union may be carried out by any one of
regard to the principles set out above, the Com­                 its members,
munity nature of the quota can be respected by
allocating the Community tariff quota among Mem­
ber States ; whereas, moreover, to this end and in the
                                                                 HAS ADOPTED THIS REGULATION :
context of the utilization system, the actual charges
against the quota may relate only to products which
have been entered for home use and which are
                                                                                          Article 1
accompanied by a certificate of origin;
                                                                 1 . From 1 January to 31 December 1976 a Com­
                                                                munity tariff quota of 30 000 metric tons shall be
Whereas on the basis of the statistical data available          opened by the Community for the imports of
which cover only a relatively brief period and                  preserved pineapples other than in slices, half slices
whereas they should be weighted on the basis of the              or spirals, falling within the following subheadings of
estimates which may be made for the quota year,                 the Common Customs Tariff: ex 20.06 B II a) 5, ex
                                                                20.06 B II b) 5, ex 20.06 B II c) 1 dd) and ex 20.06
                                                                B II c) 2 bb ). Within this tariff quota the customs
                                                                duty shall be suspended at 12% , increased by the
0 ) OJ No L 148, 28 . 6. 1968, p. 1 .                           levy on sugar where the sugar content exceeds 17%
 ---pagebreak---  29 , 11 . 75                         Official Journal of the European Communities                                  149
by weight in the case of products falling within sub­                                    Article 3
heading ex 20.06 B II a) 5 aa), and 19% by weight
in the case of products falling within subheading ex             1 . The Member States shall ensure free access to
20.06 B II b) 5 aa).                                             each of the shares which have been allocated to them
                                                                for importers of the products concerned who are
                                                                established on their territory.
 On importation into Denmark, Ireland and the United
Kingdom, there shall be applied to the abovemen­                2 . The extent to which the shares of Member States
tioned products the customs duty obtained by multi­             have been actually filled shall be determined on the
plying, by a coefficient equal to the margin of pre­            basis of imports of the said goods which have been
ferences existing between the duty of 12% given in              entered for home use, and which are accompanied
paragraph 1 and the Common Customs Tariff duties                by a certificate of origin in accordance with the rules
applicable, the duties obtained by reducing by 60%              referred to in Article 1 (2).
the difference between the lowest duty applied on
1 January 1972 to the developing countries set out in           3 . Goods may qualify for a tariff quota only if .the
the Annex and the Common Customs Tariff.                        certificate of origin referred to in paragraph 2 is
                                                                submitted before the date on which the levying of
                                                                duties is re-introduced.
However, the duty of 12% given in the first subpara­
graph shall be applied when the customs duty                                            Article 4
resulting from the abovementioned calculation is
higher than it.                                                 Member States shall       inform the   Commission    at
                                                                monthly intervals of imports of the products in
                                                                question actually charged against their shares. This
                                                                information shall cover both the value expressed in
2. The benefit of this tariff quota shall be reserved           units of account and quantity expressed in metric
for the products originating in the countries and               tons .
territories listed in the Annex. However, the imports
already benefiting from exemption customs duties                                        Article S
under another preferential tariff scheme granted by
the Community shall not be charged to this quota.
                                                                If the Community should find that the products
                                                                benefiting under the arrangements provided for in
                                                                Article 1 are being imported into the Community,
For the purposes of implementing this Regulation                in quantities or at prices such as to put or be likely
the concept of originating products shall be deter­             to put Community producers of similar or directly
mined in accordance with the procedure laid down                competitive products at a serious disadvantage or to
in Article 14 of Regulation (EEC) No 802/68 .                   create an unfavourable situation in the ACP States,
                                                                the customs duties applied within the Community
                                                                may be re-introduced in part or in full for imports of
                                                                the products in question from the country or
                         Article 2                              countries or territory or territories which are the
                                                                cause of such disadvantage. Such measures may also
                                                                be taken in the event of a serious disadvantage, either
The Community tariff quotas mentioned in Article 1              actual or foreseeable, which is confined to a single
shall be allocated in shares which in respect of each           region of the Community.
Member State shall be of the amount indicated
below :
                                                                                        Article 6
      Germany                     6 150 metric tons
                                                                1. In order to ensure that Article 5 is applied, the
      Benelux                     1 470 metric tons             Commission may, by way of a Regulation, re-intro­
                                                                duce Common Customs Tariff duties for a fixed
      France                        150 metric tons             period.
      Italy                         600 metric tons
                                                                2. If the Commission has acted at the request of a
      Denmark                       570 metric tons             Member State, the former shall give its decision
      Ireland                       300 metric tons             within a maximum period of 10 working days from
                                                                the date of receipt of the request and shall inform
      United Kingdom             20 760 metric tons             the Member State of the action taken.
 ---pagebreak--- 150                                Official Journal of the European Communities                             29 . 11.75
3 . Each Member State may refer the measure taken             in connection with the common agricultural policy
by the Commission to the Council within a period              pursuant to Article 43 of the Treaty or those drawn
of 10 working days following the date it was notified.        up in connection with the common commercial
The fact that the matter has been referred to the             policy pursuant to Article 113 of the Treaty.
Council shall not constitute the suspension of the
measure. The Council shall meet without delay.
Acting on a qualified majority, it may amend or
repeal the measure in question.
                                                                                     Article 8
                       Article 7
The provisions of Articles 5 and 6 shall not preju­           This Regulation shall enter into force on 1 January
dice the application of the safeguard clauses drawn up         1976.
             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---  29 . 11.75                         Official Journal of the European Communities                              151
                                                        ANNEX
                   List of developing countries and territories enjoying generalized tariff preferences
                                             INDEPENDENT COUNTRIES
 Afghanistan                              Haiti                                     Qatar
 Algeria                                  Honduras                                  Romania
 Argentina                                India                                     Rwanda
 Bahamas                                  Indonesia                                 Saudi Arabia
 Bahrain                                 Iran                                       Senegal
 Bangladesh                              Iraq                                       Sierra Leone
 Barbados                                Ivory Coast                                Singapore
 Bhutan                                  Jamaica                                    Somalia
Bolivia                                  Jordan                                     Sri Lanka
Botswana                                 Kenya                                      Sudan
Brazil                                   Khmer Republic                             Surinam
Burma                                    Korea ( South)                             Swaziland
Burundi                                  Kuwait                                     Syria
Cameroon                                 Laos                                       T anzania
Cape Verde Islands                       Lebanon                                   Thailand
Central African Republic                 Lesotho                                   Togo
Chad                                     Liberia                                    Tonga
Chile                                    Libya                                      Trinidad and Tobago
Colombia                                 Malagasy Republic                         Tunisia
Congo, People's Republic of              Malawi                                    Uganda
Costa Rica                               Malaysia                                   United Arab Emirates :
Cuba                                     Maldive Islands                                 Abu Dhabi
Cyprus                                   Mali                                            Dubai
Dahomey                                  Mauritania                                      Ras al Khaimah
Dominican Republic                       Mauritius                                       Fujairah
Ecuador                                  Mexico                                          Ajman
Egypt, Arab Republic of                  Morocco                                         Sharjah
El Salvador                              Nauru                                           Ummal Qaiwain
Equatorial Guinea                        Nepal                                     Upper Volta
Ethiopia                                 Nicaragua                                 Uruguay
Fiji                                     Niger                                     Venezuela
Gabon                                    Nigeria                                   Vietnam, Republic of
Gambia                                   Oman                                      Western Samoa
Ghana                                    Pakistan                                  Yemen, People's Democratic
Grenada                                 Panama                                     Republic of
Guatemala                               Papua New Guinea                           Yemen Arab Republic
Guinea                                  Paraguay                                   Yugoslavia
Guinea Bissau                            Peru                                      Zaire
Guyana                                  Philippines                                Zambia
 ---pagebreak--- 152                                Official Journal of the European Communities                                          29 . 11 . 75
                                           COUNTRIES AND TERRITORIES
    dependent or administered, or for whose external relations Member States of the Community
                                   or third countries are wholly or partly responsible
    Afars and Issas (Territory of the)
    Angola (including Cabinda)
    Australian Antarctic Territory
    Belize
    Bermuda
    British Antarctic Territory
    British Indian Ocean Territory (Aldabra, Farquhar, Chagos Archipelago, Desroches)
    British Pacific Ocean (*)
    Brunei
    Cayman Islands and Dependencies
    Christmas Island
    Cocos (Keeling) Islands
    Comoro Archipelago
     Corn Islands and Swan Islands
    Falkland Islands and Dependencies
    French Polynesia
    French Southern and Antarctic Territories
    Gibraltar
    Heard Island and McDonald Islands
    Hong Kong
     Leeward Islands (2)
    Macao
     Mozambique
    Netherlands Antilles
     New Caledonia and Dependencies
     Norfolk Island
    Pacific Islands administered by the United States of America or under United States trusteeship (s)
     Portuguese Timor
     St Helena (including Ascension, Gough Island, and Tristan da Cunha)
     Saint Pierre and Miquelon
     Sao Tomé and Principe
     Seychelles (including Amirantes)
     Sikkim
     Spanish territories in Africa
    Territories for which New Zealand is responsible (Cook Islands, Niue Island, Tokelau Islands
           and Ross Dependency)
     Turks and Caicos Islands
     Virgin Islands of the United States (St Croix, St Thomas, St John, etc.)
     Wallis and Futuna Islands
     Windward Islands (4)
     Note: The above lists may by amended subsequently to take account of changes in the inter­
               national status of countries or territories.
    (*) Gilbert Islands, Tuvalu, British Solomon Islands, New Hebrides Condominium, and Pitcairn Islands .
     (*) Antigua , Montserrat, St Kitts-Nevis-Anguilla, British Virgin Islands .
     (*) The Pacific Islands administered by the United States of America include: Guam, American Samoa (including
         Swain 's Island), Midway Islands, Johnston and Sand Islands, Wake Island and the Trust Territory of the Pacific
         Islands (the Caroline , Marianas and Marshall Islands).
    (4) Dominica, St Lucia, St Vincent.