CELEX: 31973R2629
Language: en
Date: 1973-09-26 00:00:00
Title: Regulation (EEC) No 2629/73 of the Council of 26 September 1973 establishing preferential tariffs in respect of certain textile products originating in developing countries

No L 272/8                        Official Journal of the European Communities                              29 . 9. 73
                             REGULATION (EEC) No 2629/73 OF THE COUNCIL
                                               of 26 September 1973
             establishing preferential tariffs in respect of certain textile products originating in
                                                developing countries
THE COUNCIL OF THE EUROPEAN                                  said Arrangement (which expires on 30 September
COMMUNITIES,                                                 1973 ); whereas it is apparent that only imports from
                                                             these countries are to form the basis for calculating
Having regard to the Treaty establishing the                 the abovementioned ceilings ; whereas, with particular
European Economic Community ;                                regard to the relation which Article 6 of the said
                                                             Long-term Arrangement establishes between cotton
                                                             products and substitute products, it appears justified
Having regard to the proposal from the Commission ;          in these circumstances and by virtue of the fact
                                                             that a total suspension of customs duties is involved
Whereas, within the context of UNCTAD, the                   to include in the same scheme as that described
European Economic Community offered to grant                 above those substitute textile products given in the
tariff preferences on finished and semi-finished             conditional list of partial and limited reductions of
products coming from developing countries; whereas           customs duties deposited with GATT by the
the preferential treatment proposed in that offer            Community during the last series of tariff
covers, generally speaking, all finished and semi­           negotiations ; whereas, moreover, in view of the
finished industrial products covered by Chapters             special nature which trade in the products concerned
25    to 99   of the Brussels Nomenclature which             may have, it appears expedient to calculate in terms
 originate in developing countries ; whereas the             of tonnages the ceilings for preferential imports of
preference consists in the granting of exemption from        such products;
customs duties; whereas preferential imports are
effected up to the level of ceilings calculated by
value in respect of each product on the basis of             Whereas the offer made by the Community includes
factors which are uniform for all the products ;             a clause stipulating that the Community drew up
whereas, in order that the preferences granted to            the offer on the assumption that all the main
the most competitive developing country or                   industrialized countries which are members of the
countries should be restricted and that a substantial        OECD would participate in granting preferences and
quota share should be reserved for the least                 would make similar efforts in this direction ; whereas,
competitive, preferential imports from any one               moreover, it is evident from the conclusions worked
developing country in respect of a given product             out in UNCTAD that this offer, while being of a
should not, as a general rule, exceed 50%) of the            temporary nature, does not constitute a binding
ceiling fixed for that product;                              commitment and, in particular, may be withdrawn
                                                             wholly or in part at a later date ; whereas this
Whereas, in the offer made by the Community, the             possibility may be adopted inter alia with a view
annual ceilings should ordinarily be calculated on           to remedying any unfavourable situations which
the basis of the total value for 1968 of cif imports         might arise in the associated countries following the
from the countries benefiting from this scheme,              implementation of the generalized preference scheme ;
excluding those already enjoying various preferential
tariff arrangements granted by the Community,
increased by 5 °/o of the value of cif imports from          Whereas tariff preferences have been applied as from
                                                             the second half of 1971 under the conditions set
the other countries and from countries already
enjoying such arrangements ;                                 out above, whereas application of the said
                                                             preferences has 'been confined, in respect of the
                                                             cotton textiles and substitute textiles concerned
Whereas, however, in respect of cotton textile               above, to the first nine months of 1973 by Council
products covered by the Long-term Arrangement                Regulation (EEC) No 2764/72 (*) of 19 December 1972
regarding International Trade in Cotton Textiles, the        establishing preferential tariffs in respect of certain
offer made by the Community lays down that the               textile products originating in developing countries,
preferences, in the form of duty-free ceilings               the Long-term Arrangement regarding International
ordinarily calculated according to the formula set out       Trade in Cotton Textiles being due to expire on
in the preceding recital, will be granted to the             30 September 1973 ; whereas the said Agreement will
countries enjoying generalized preferences which are         be prorogued until the end of 1973 ; whereas these
signatories to the Long-term Arrangement or possibly         circumstances betoken renewed application of the
to those countries which undertake vis-a-vis the
Community commitments similar to those existing
under that Arrangement and for the duration of the           H OT No L 296, 30. 12. 1972, p. 69.
 ---pagebreak--- 29 . 9 . 73                         Official Journal of the European Communities                            No L 272/9
said preferences, pro rata temporis, for the last              HAS ADOPTED THIS REGULATION :
quarter of 1973 ; and whereas with regard to the
terms of the offer concerned, the abovementioned
additional sum of 5 °/o may refer only to 1970;                                        Article 1
Whereas it is expedient, therefore, in respect of the          1 . From 1 October to 31 December 1973 , the
products referred to in Annex A which originate in             Common Customs Tariff duties on the products
the countries listed in Annex B, that the Community            listed in Annex A shall be totally suspended, subject
should allow, for each category of these products              to the provisions of Article 2 and Article 4 (2) of
and for the last quarter of 1973 , duty-free imports           this Regulation.
within the limits of the Community ceilings calculated
in the manner set out above ; whereas the benefit of           2. This suspension shall be enjoyed solely by
such tariff exemption should be reserved for                   products originating in the countries listed in Annex
products originating in the countries under                    B. However, imports already enjoying exemption
consideration, the concept of 'originating products'           from customs duties under other preferential tariff
being determined in accordance with the procedure              arrangements shall not be charged against the ceilings
laid down in Article 14 of Council Regulation (EEC)            specified in paragraph 3 . For the purposes of the
No 802/68 (*) of 27 June 1968 on the common                    application of this Regulation, the concept of
definition of the concept of the origin of goods ;             originating products shall be determined in accordance
whereas charges against each of these ceilings must,           with the procedure laid down in Article 14 of
as a general rule, come within a maximum                       Regulation (EEC) No 802/68 .
 Community amount of 50 °/o in respect of the
products originating in any of the abovementioned              3 . Subject to the provisions of Article 2 and Article
countries ;                                                    4 (2) this suspension shall be granted, in respect of
                                                               each category of products, within a Community
Whereas, under these circumstances, these objectives           ceiling which shall be equal to a quarter of the
may be reached by applying a method of                         amount obtained by adding together imports in 1968,
 administration based on the charging, at Community            expressed in metric tons, of the products concerned
level, against the abovementioned ceilings and                 from the countries listed in Annex B, excluding
 maximum amounts, of imports of the products                   those already enjoying various preferential tariff
 concerned as and when these products are presented             arrangements granted by the Community, and 5 °/o
for customs clearance under cover of declarations
                                                               of the tonnage of imports in 1970 from other
that they have been entered into consumption and               countries and from countries already enjoying such
 accompanied by a certificate of origin ; whereas this         arrangements .
method of administration must make provision for
 the reintroduction of Common Customs Tariff duties
                                                               4. Subject to the provisions of Article 2 and
 as soon as the said ceilings or maximum amounts               Article 4 (2), within each ceiling thus calculated,
 are reached at Community level ;                              charges of products originating in any one of the
                                                               countries listed in Annex B should not exceed a
Whereas such method of administration calls for                Community maximum amount equivalent to 50 %>
 very close and particularly rapid cooperation between          of this ceiling with the exception of, certain products
 Member States and the Commission, which must, in              for which the maximum amount shall be reduced
 particular, be able to observe the extent to which            to the percentage shown in Annex A.
 charges are made against the ceilings and maximum
 amounts and inform Member States thereof;                     5 . Any amendment to Annex B, in particular
 whereas such cooperation should be particularly               by the addition of new countries enjoying tariff
 close in view of the need for the Commission to be            preferences, may entail a corresponding adjustment
 able to take appropriate measures to reintroduce               to the Community ceilings and the maximum
 Common Customs Tariff duties either generally or               amounts referred to in paragraphs 3 and 4.
 individually, when any of the ceilings or maximum
 amounts is reached;
 Whereas, since the ceilings concerned are valid until
 31 December 1973 the system established could be                                       Article 2
 amended under the provisions of Protocol No 23
 annexed to the Act joined to the Treaty of
Accession (2),                                                  1 . As soon as the ceilings calculated in accordance
                                                               with the provisions of Article 1 (3 ), which are laid
                                                                down for Community imports of products originating
                                                                in all of the countries referred to in Article 1 (2), are
 t1) OJ No L 148, 28. 6. 1968, p. 1 .                           reached at Community level, the levying of Common
 (2) OJ Special Edition, 27. 3. 1972, p. 178.                   Customs Tariff duties on imports of the products in
 ---pagebreak--- No L 272/ 10                      Official Journal of the European Communities                              29. 9 . 73
question from all the countries concerned may at                                      Article 4
any time be reintroduced until the end of the period
referred to in Article 1 ( 1 ).                              1.     The Commission, in close cooperation with
                                                             the Member States, shall take all necessary measures
2.    As soon as the maximum amounts calculated              to ensure that the above provisions are applied.
in accordance with the provisions of Article 1 (4),
which are laid down for Community imports of                 2. The Commission shall reintroduce the levying
products originating in each of the countries referred       of Common Customs Tariff duties in respect of all
to in Article 1 (2), are reached for any one of these        the countries referred to in Article 1 (2) or in respect
countries at Community level, the levying of the             of any one of them by means of a Regulation in
Common Customs Tariff duties on imports of the               the conditions laid down in Article 2 ( 1 ) and (2).
products in question from the country concerned
may at any time be reintroduced until the end of
the period referred to in Article 1 ( 1 ).
                                                                                     Article S
                       Article 3
                                                             Member States shall inform the Commission at
1 . Imports of the products in question shall be             regular intervals of imports of the products in
actually charged against the Community ceilings              question actually charged against the Community
and maximum amounts as and when the products are             ceilings and maximum amounts laid down in Article
presented for customs clearance under cover of               1 (3 ) and (4).
declarations that they have been entered into
consumption, and provided that they are accompanied
by a certificate of origin pursuant to the rules laid
down in Article 1 (2).                                                               Article 6
2. An item of goods may be charged against a                The above provisions may be amended under the
ceiling or maximum amount only if the certificate            provisions of Protocol No 23 annexed to the Act
of origin referred to in paragraph 1 is submitted            joined to the Treaty of Accession.
before the date on which the levying of duties is
reintroduced.
3 . The extent to which the ceilings and maximum
                                                                                     Article 7
amounts have been actually used up shall be
recorded at Community level on the basis of the
imports charged in the conditions laid down in               This Regulation shall enter into force on 1 October
paragraphs 1 and 2.                                          1973 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 26 September 1973 .
                                                                             For the Council
                                                                               The President
                                                                              I. N0RGAARD
 ---pagebreak--- 29 . 9 . 73                            Official Journal of the European Communities                                  No L 272/ 11
                                                             ANNEX A
            List of products originating in developing countries to which the Generalized Tariff Preferences
                                               for certain textile products will apply
            CHAPTER 54
                 54.05                Woven fabrics of flax or of ramie
            CHAPTER 55
                 55.05                Cotton yarn, not put up for retail sale:
                                      A. Multiple or cabled, finished, in balls or on cards, reels, tubes or similar
                                          supports, of a weight (including support) not exceeding 900 g
                                      B. Other:
                                          I. Measuring, per simple yarn, 120 000 m or more per kg
                 55.06                Cotton yarn, put up for retail sale
                 55.07                Cotton gauze
                 55.08                Terry towelling and similar terry fabrics, of cotton
                 55.09                Other woven fabrics of cotton :
                                      A. Containing 85 °/o or more by weight of cotton:
                                      ex I. Of a width of less than 85 cm :
                                             — other than raw cotton (1)
                                      B. Other
            CHAPTER 58
                 58.04                Woven pile fabrics and chenille fabrics (other than terry towelling or
                                      similar terry fabrics of cotton falling within heading No 55.08 and fabrics
                                      falling within heading No 58.05)
                 58.10                Embroidery, in the piece, in strips or in motifs :
                                      B. Other
            CHAPTER 60
                 60.01                Knitted or crocheted fabric, not elastic nor rubberized :
                                      B. Of man-made fibres
                                      C. Of other textile materials
            ex 60.02                  Gloves, mittens and mitts, knitted or crocheted, not elastic nor rubberized
                 60.04                Undergarments, knitted or crocheted, not elastic nor rubberized:
                                      A. Of cotton i1)
            f1) tor products falling within this subheading the maximum Community amount referred to in Article 1 (4)
                of this Regulation is reduced to 30 °/o .
 ---pagebreak--- No L 272/ 12                           Official Journal of the European Communities                                   29 . 9 . 73
                60.05                Outer garments and other articles, knitted or crocheted, not elastic nor
                                     rubberized :
                                     A. Outer garments and clothing accessories
                                         ex II. Other
                                     ex B. Other
                60.06                Knitted or crocheted fabric and articles thereof, elastic or rubberized
                                     (including elastic knee-caps and elastic stockings)
                                     A. Fabric
            CHAPTER 61
                61.01                Men's and boys' outer garments
                61.02                Women's, girls' and infants' outer garments
                61.03                Men's and boys' undergarments, including collars, shirt fronts and cuffs
            ex 61.04                 Women's, girls' and infants' undergarments
                61.05                Handkerchiefs
            CHAPTER 62
                62.01                Travelling rugs and blankets :
                                     B. Other:
                                          I. Of cotton
                62.03                Sacks and bags, of a kind used for the packing of goods :
                                     B. Of other textile materials :
                                              I. Used :
                                             ex b) Other:
                                                 — of cotton
                                         ex II. Other :
                                                 — of cotton (*)
                62.04                Tarpaulins, sails, awnings, sunblinds, tents and camping goods
            P) For products falling within this subheading the maximum Community amount referred to in Article 1. (4)
               of this Regulation is reduced to 30 %>.
 ---pagebreak--- 29 . 9 . 73                      Official Journal of the European Communities                            No L 272/ 13
                                                     ANNEX B
            List of developing countries benefiting under the Generalized Tariff Preferences for certain
                                                   textile products
                                             Afghanistan
                                             Argentina
                                             Bangladesh
                                             Colombia
                                             Egypt, Arab Republic of
                                             El Salvador
                                             India
                                             Jamaica
                                             Korea, Republic of (South Korea)
                                             Mexico
                                             Pakistan
                                             Philippines
                                             Thailand