CELEX: 31973R3577
Language: en
Date: 1973-12-28 00:00:00
Title: Regulation (EEC) No 3577/73 of the Council of 28 December 1973 opening, allocating and providing for the administration of a Community tariff quota for certain textile products originating in Yugoslavia

28 . 12 . 73                         Official Journal of the European Communities                               No L 359/35
                                REGULATION (EEC) No 3577/73 OF THE COUNCIL
                                                  of 28 December 1973
               opening, allocating and providing for the administration of a Community tariff quota
                                 for certain textile products originating in Yugoslavia
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                       whereas this possibility may be adopted inter alia
                                                                with a view to remedying any unfavourable
Having regard to the Treaty establishing the                    situations which might arise in the associated
European Economic Community;                                    countries following the implementation of the
                                                                generalized preference scheme ;
Having       regard   to    the    proposal     from   the
Commission;                                                     Whereas, moreover, the Conference of Heads of
                                                                State or of Government of the Member States and
Whereas within the framework of UNCTAD the                      the States acceding to the European Communities
European Economic Community offered to grant                    held in Paris from 19 to 21 October 1972 invited the
tariff preferences on finished and semi-finished                Community institutions and the Member States
products originating in developing countries ;                  progressively     to    adopt     an    overall  policy  of
whereas the preferential treatment proposed in that              development cooperation on a world-wide scale
offer covers, generally speaking, all finished and              comprising in particular the improvement of
semi-finished industrial products falling within                generalized preferences with the aim of achieving a
Chapters 25 to 99 of the Brussels Nomenclature and              steady increase in imports of manufactures from the
originating in developing countries ;                           developing countries ;
Whereas, however, in respect of cotton textile                  Whereas, in accordance with Protocol No 23 to the
products covered by the Long-term Arrangement (*)               Act of Accession (2), the generalized tariff preference
regarding International Trade in Cotton Textiles,               scheme will be applicable in the new Member States
the offer made by the Community lays down that                  from 1 January 1974;
the preferences, in the form of duty-free ceilings,
will be granted to the countries benefiting from                Whereas, for the various categories of textile
generalized preferences which are signatories to the            products in question, Council Regulation (EEC) No
 Long-term Arrangement or possibly to those                     3502/73 (3) of 18 December 1973 opening, allocating
countries benefiting from generalized preferences               and providing for the administration of Community
which undertake in respect of the Community                     tariff quotas for certain textile products originating
commitments similar to those existing under that                in developing countries and Council Regulation
Arrangement and for its duration ; whereas, having               (EEC) No 3503 /73 (4) of 18 December 1973
particular regard to the link which Article 6 of the            establishing preferential tariffs in respect of certain
Long-term Arrangement establishes between cotton                textile products originating in developing countries,
products and substitute products, it appears justified          put into effect the abovementioned offer for 1974 in
in these circumstances and by virtue of the fact that           favour of those developing countries satisfying the
a total suspension of customs duties is involved to             conditions outlined above and listed ifl Annex B to
include in the same scheme as that described above              those Regulations ; whereas this measure has been
those substitute textile products given in the                  taken on a transitional basis, the Commission
 conditional list of partial and limited reductions of          counting on the countries thus concerned to take
customs duties deposited with GATT by the                       measures ensuring that equivalent objectives are
Community during the last series of tariff                      respected, at least throughout 1974; whereas
negotiations ;                                                  Yugoslavia for its part has entered into
                                                                commitments similar to those made under the Long­
Whereas the offer made by the Community includes                term Arrangement; whereas Yugoslavia should,
 a clause stipulating that the Community drew up the            therefore, also be granted the benefit of tariff
offer on the assumption that all the main                       preferences for the textile products in question and
 industrialized countries which are members of the               also for 1974; whereas, in order not to affect the
 OECD would participate in granting preferences and             advantages which the present beneficiaries enjoy for
would make similar efforts in this direction ;                  these products, separate ceilings at zero duty should
whereas, moreover, it is evident from the                       be opened exclusively for products originating in
 conclusions worked out in UNCTAD that this offer,              Yugoslavia; whereas each of these ceilings should
while being of a temporary nature, does not                     under normal conditions be equal to the maximum
constitute a binding commitment and, in particular,
 may be withdrawn wholly or in part at a later date ;            (2 ) OJ No L 73 , 27. 3 . 1972, p. 14.
                                                                 (3) OJ No L 358 , 28 . 12. 1973 .
 (») OJ No L 225, 12 . 10. 1970, p. 29.                         ( 4 ) OJ No L 358, 28 . 12. 1973 .
 ---pagebreak--- No L 359 / 36                         Official Journal of the European Communities                             28 . 12 . 73
 amount fixed by Regulations (EEC) No 3502/73 and               the Community nature of the quotas under
 (EEC) No 3503 /73 for corresponding products, with              consideration, to provide at this stage for a utilization
a lower limit of 10 °/o and an upper limit of 100 °/o of        scheme based on a single allocation among the
the quantities of the types of products in question             Member States ; whereas such allocation could be
exported from Yugoslavia to the Community in                    made according to the percentages set out in the
 1968 ;                                                         table above ;
Whereas the Community should, therefore, for the                Whereas since the Kingdom of Belgium, the
period to 31 December 1974 open Community                       Kingdom of the Netherlands and the Grand Duchy
duty-free tariff quotas in respect of the products              of Luxembourg are united in and represented by the
                                                                Benelux Economic Union for the allocation of the
listed in the Annex to this Regulation up to the
 amounts specified in metric tons for each of them ;            tariff quotas concerned, any measure concerning the
                                                                administration     of the   shares   allocated to that
whereas the benefit of these tariff quotas should
apply only to products originating in Yugoslavia,               Economic Union may be carried out by one of its
                                                                Members,
and the concept of originating products should be
determined in accordance with the procedure laid
down in Article 14 of Council Regulation (EEC) No
802/68 (*) of 27 June 1968 on the common                        HAS ADOPTED THIS REGULATION :
definition of the concept of origin of goods ;
                                                                                         Article 1
Whereas a utilization scheme of Community tariff
quotas among the Member States would appear to                  1.     From 1 January to 31 December 1974, the
 conform to the Community character of those                    Common Customs Tariff duties and the tariff duties
quotas ; whereas the application of the generally               of the new Member States on the products listed in
accepted principles in respect of the allocation of the          the Annex shall be totally suspended for Community
Community tariff quotas which have been opened                  tariff quotas up to the volume in metric tons
until now entails, under these circumstances and in             indicated in column 3 of that Annex in respect of
view of the variety of the products concerned,                  each of those products.
calculations which are all the more problematic in
that the statistical data required sometimes prove to           Ireland is authorized to apply quota duties equal to
be incomplete or not sufficiently accurate or                   the duties which it applies to imports of the same
representative ; whereas the time required for these            products from Member States other than the United
calculations cannot be reconciled with the continuity           Kingdom.
necessary for the application of the tariff preferences
concerned ; whereas, under these conditions, it
                                                                2. The tariff quotas referred to shall be granted
would be advisable still at this stage to adopt a               only to products originating in Yugoslavia. For the
fixed scale for allocating the Community tariff                 purposes of this Regulation the concept of
quotas concerned among the Member States ;                      originating products shall be determined in
whereas, on the basis of general economic criteria              accordance with the procedure laid down in Article
i.e. foreign trade in the textile sector, the gross             14 of Regulation (EEC) No 802/68 .
national product and population, the percentages for
the initial shares of the Member States in the quota
amounts are as follows for the quota year under                                          Article 2
consideration :
                                                                The Community tariff quotas referred to in Article 1
        Germany                                27 Vo            ( 1 ) shall be allocated among the Member States in
                                                                shares equal to the amounts indicated in column 4
        Benelux                                10 °/o
                                                                of the Annex in respect of each type of product.
        France                                 19 °/o
        Italy                                  I40/0
                                                                                         Article 3
        Denmark                                 7%
        Ireland                                 1 °/o           1.     The Member States shall ensure free access to
                                                                the share which has been allocated to them for
        United Kingdom                         22 «/0
                                                                importers of the products concerned who are
                                                                established on their territory.
Whereas, since the tariff quotas involved are
relatively small it appears possible, without affecting         2.     The extent to which the shares of Member
                                                                States have been actually filled shall be determined
0 ) OJ No L 148, 28 . 6. 1968, p. 1 .                           on the basis of imports of the products which have
 ---pagebreak--- 28 . 12. 73                        Official Journal of the European Communities                       No L 359/37
been entered for home use, and which are                                            Article 5
accompanied by a certificate of origin in accordance
with the rules referred to in Article 1 (2).                 Member States and the Commission shall cooperate
3 . Goods may qualify for a tariff quota only if             closely to ensure that the preceding provisions are
the certificate of origin referred to in paragraph 2 is       observed .
submitted before the date on which the levying of
duties is reintroduced.
                         Article 4                                                  Article 6
Member States shall inform the Commission at
regular intervals of imports actually charged against         This Regulation shall enter into force on 1 January
their shares.                                                 1974.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 28 December 1973 .
                                                                           For the Council
                                                                            The President
                                                                           Ove GULDBERG
 ---pagebreak--- No L 359/38                        Official Journal of the European Communities                                      28 . 12 . 73
                                                           ANNEX
            List of products originating in Yugoslavia covered by Community duty-free tariff quotas as
                                         part of the generalized tariff preferences
               CCT                                                        Quota
                                                                          volume            Volume of shares allocated
  Order      heading                       Description                                          to Member States
               No                                                       (in metric
   No
                                                                           tons )                 (in metric tons)
                (1)                            (2)                          (3 )                        (4)
     1       55.05      Cotton yarn, not put up for retail sale:
                        B. Other:
                            II . Other :
                                 Measuring, per single yarn, per
                                 kilo:
                                 — 14 000 m or less                          71    Germany                                 19-17
                                                                                   Benelux                                  7-10
                                                                                   France                                  13-49
                                                                                   Italy                                    9-94
                                                                                   Denmark                                  4-97
                                                                                   Ireland                                  0-71
                                                                                   United Kingdom                          15-62
    2                            — More than 14 000 m but not            1282      Germany                                346-14
                                     more than 40 000 m                            Benelux                                128-20
                                                                                   France                                 243-58
                                                                                   Italy                                  179-48
                                                                                   Denmark                                 89-74
                                                                                   Ireland                                 12-82
                                                                                   United Kingdom                         282-04
    3                            — More than 40 000 m but not              440     Germany                                118-80
                                     more than 80 000 m                            Benelux                                 44-00
                                                                                   France                                  83-60
                                                                                   Italy                                   61-60
                                                                                   Denmark                                 30-80
                                                                                   Ireland                                  4-40
                                                                                   United Kingdom                          96-80
    4                            — More than 80 000 m but not                65    Germany                                 17-55
                                     more than 120 000 m                           Benelux                                  6-50
                                                                                   France                                  12-35
                                                                                   Italy                                    9-10
                                                                                   Denmark                                  4-55
                                                                                   Ireland                                  0-65
                                                                                   United Kingdom                          14-30
    5        55.09      Other woven fabrics of cotton :
                        A. Containing 85 % or more by weight
                            of cotton :
                             I. Of a width of less than 85 cm:
                                 — Unbleached                                38    Germany                                 10-26
                         '
                                                                                   Benelux                                  3-80
                                                                                   France                                   7-22
                                                                                   Italy                                    5-32
                                                                                   Denmark                                  2-66
                                                                                   Ireland                                  0-38
                                                                                   United Kingdom                           8-36
 ---pagebreak--- 28 . 12. 73                  Official Journal of the European Communities                              No L 359/39
             CCT                                              Quota
                                                              volume            Volume of shares allocated
   Order    heading                 Description                                     to Member States
              No                                            (in metric
     No                                                                               (in metric tons)
                                                               tons)
              (D                        (2)                      (3 )                       (4)
      6                 — Other                                 114    Germany                                30-78
                                                                       Benelux                                11-40
                                                                       France                                 21-66
                                                                       Italy                                  15-96
                                                                       Denmark                                 7-98
                                                                       Ireland                                 1-14
                                                                       United Kingdom                         25-08
      7                II . Other:
                            — Unbleached, of a width :
                               — Of 85 cm or more but not    1 150     Germany                               310-50
                                   more than 115 cm                    Benelux                               115-00
                                                                       France                                218-50
                                                                       Italy                                 161-00
                                                                       Denmark                                80-50
                                                                       Ireland                                11-50
                                                                       United Kingdom                        253-00
      8                        — More than 115 cm but not      697     Germany                               188-19
                                   more than 165 cm                    Benelux                                69-70
                                                                       France                                132-43
                                                                       Italy                                  97-58
                                                                       Denmark                                48-79
                                                                       Ireland                                 6-97
                                                                       United Kingdom                        153-34
      9                        — More than 165 cm            - 225     Germany                                60-75
                                                                       Benelux                                22-50
                                                                       France                                 42-75
                                                                       Italy                                  31-50
                                                                       Denmark                                15-75
                                                                       Ireland                                 2-25
                                                                       United Kingdom                         49-50
     10                        Other :
                               — Printed                          78   Germany                                21-06
                                                                       Benelux                                 7-80
                                                                       France                                 14-82
                                                                       Italy                                  10-92
                                                                       Denmark                                 5-46
                                                                       Ireland                                 0-78
                                                                       United Kingdom                         17-16
     11                        — Other                            78   Germany                                21-06
                                                                       Benelux                                 7-80
                                                                       France                                 14-82
                                                                       Italy                                  10-92
                                                                       Denmark                                 5-46
                                                                       Ireland                                 0-78
                                                                       United Kingdom                         17-16
     12     56.05   Yarn of man-made fibres (discontinuous
                    or waste), not put up for retail sale :
                    B. Of regenerated textile fibres            165    Germany                                44-55
                                                                       Benelux                                16-50
                                                                       France                                 31*35
                                                                       Italy                                  23-10
                                                                       Denmark                                11-55
                                                                       Ireland                                 0-65
                                                                       United Kingdom                         36*30
 ---pagebreak--- No L 359 /40                   Official Journal of the European Communities                                    28 . 12 . 73
               CCT                                                 Quota
                                                                  volume              Volume of shares allocated
  Order      heading                    Description                                       to Member States
               No                                                (in metric
   No
                                                                    tons)                   ( in metric tons)
                1                           (2 )                       3                            4
   13        56.07   Woven      fabrics   of     man-made fibres
                     ( discontinuous or waste):
                     B. Of regenerated textile fibres :
                          — Printed                                  150     Germany                                  40-50
                                                                             Benelux                                  15-00
                                                                             France                                   28-50
                                                                             Italy                                   21-00
                                                                             Denmark                                  10-50
                                                                             Ireland                                    1-50
                                                                             United Kingdom                          33-00
   14                        Other                                  150      Germany                                 40-50
                                                                             Benelux                                 15-00
                                                                             France                                  28-50
                                                                             Italy                                   21-00
                                                                             Denmark                                 10-50
                                                                             Ireland                                   1-50
                                                                             United Kingdom                          33-00
   15     ex 60.03   Stocking, under stockings, socks, ankle­
                     socks, sockettes and the like, knitted or
                     crocheted, not elastic or rubberized :
                     — Of cotton                                      22    Germany                                    5-94
                                                                            Benelux                                    2-20
                                                                            France                                     4-18
                                                                            Italy                                      3-08
                                                                            Denmark                                    1-54
                                                                            Ireland                                    0-22
                                                                             United Kingdom                            4-84
   16        60.04   Under garments, knitted or crocheted,
                     not elastic or rubberized :
                     A. Of cotton                                   108     Germany                                  29-16
                                                                            Benelux                                  10-80
                                                                            France                                   20-52
                                                                            Italy                                    15-12
                                                                            Denmark                                    7-56
                                                                            Ireland                                    1-08
                                                                            United Kingdom                           23-76
   17        61.01   Men's and boys' outer garments :
                     — Of cotton fabric                               45    Germany                                  12-15
                                                                            Benelux                                    4-50
                                                                            France                                     8-55
                                                                            Italy                                      6-30
                                                                            Denmark                                    3-15
                                                                            Ireland                                    0-45
                                                                            United Kingdom                             9-90
   18                — Other                                       284 '    Germany                                  76-68
                                                                            Benelux                                  28-40
                                                                            France                                   53-96
                                                                            Italy                                    39-76
                                                                            Denmark                                  19-88
                                                                            Ireland                                   2-84
                                                                            United Kingdom                           62-48
 ---pagebreak--- 28 . 12 . 73                  Official Journal of the European Communities                                   No L 359/41
                                                                   Quota             Volume of shares allocated
              CCT                                                  volume
   Order     heading                  Description                (in metric              to Member States
     No        No
                                                                    tons)                 ( in metric tons )
               (D                         (2)                         (3 )                       (4)
     19      61.02   Woman's,     girls'  and     infants' outer
                     garments :
                     — Of cotton fabric                               60    Germany                                 16-20
                                                                            Benelux                                  6·00
                                                                            France                                  11-40
                                                                            Italy                                    8-40
                                                                            Denmark                                  4·20
                                                                            Ireland                                  0-60
                                                                            United Kingdom                          13*20
     20              — Other                                         114    Germany                                 30-78
                                                                            Benelux                                 11-40
                                                                            France                                  21-66
                                                                            Italy                                   15-96
                                                                            Denmark                                  7-98
                                                                            Ireland                                  1-14
                                                                            United Kingdom                          25-08
     21      61.03   Men's and boys' under garments,
                     including collars, shirt fronts and cuffs:
                     — Other than of cotton fabric                     60   Germany                                 16-20
                                                                            ÍBenelux                                 6-00
                                                                            France                                  11-40
                                                                            Italy                                    8-40
                                                                            Denmark                                  4-20
                                                                            Ireland                                  0-60
                                                                            United Kingdom                          13-20
     22      62.02   Bed linen, table linen, toilet linen and
                     kitchen linen ; curtains and other
                     furnishing articles:
                     — Of cotton fabric                                50   Germany                                 13-50
                                                                            Benelux                                  5-00
                                                                            France                                   9-50
                                                                            Italy                                    7-00
                                                                            Denmark                                  3-50
                                                                            Ireland                                  0-50
                                                                            United Kingdom                          11-00
     23              — Other                                             6  Germany                                  1-62
                                                                            Benelux                                  0-60
                                                                            France                                   1-14
                                                                            Italy                                    0-84
                                                                            Denmark                                  0-42
                                                                            Ireland                                  0-06
                                                                            United Kingdom                           1-32