CELEX: 31991R1004
Language: en
Date: 1991-04-22 00:00:00
Title: Council Regulation (EEC) No 1004/91 of 22 April 1991 applying supplementary generalized tariff preferences in respect of certain industrial products originating in countries benefiting from generalized preferences and sold at the Berlin ' Partners in Progress' Fair

Avis juridique important

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31991R1004

Council Regulation (EEC) No 1004/91 of 22 April 1991 applying supplementary generalized tariff preferences in respect of certain industrial products originating in countries benefiting from generalized preferences and sold at the Berlin ' Partners in Progress' Fair  

Official Journal L 105 , 25/04/1991 P. 0001 - 0005

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Having regard to the proposal from the Commission,  Whereas the imports fair 'Partners in Progress' is organized every year in Berlin with a view to improving the access to world markets of products originating in countries benefiting from generalized preferences;  Whereas, in view of the specific features of the Berlin Fair and of the unique situation of Berlin, certain measures should be taken in the field of generalized preferences;  Whereas, in accordance with the offer made in the context of the United Nations Conference on Trade and Development (UNCTAD), the Community opened generalized preferences commencing in 1971 and most recently under Regulations (EEC) No 3831/90 (1) and  (EEC) No 3832/90 (2) and in particular in respect of finished and semi-finished industrial and textile products originating in developing countries;  Whereas, in the past, certain products covered by the system of quotas, ceilings or other tariff measures, being the subject of contracts for sale in the course of the Berlin Fair, have not been able to benefit from the preferences, the allocated tariff  quotas or fixed duty-free amounts having been used up or the collection of customs duties having been re-established for products subject to ceiling limits before the opening date of the fair; whereas it is important to provide additional latitude to  countries benefiting from generalized preferences to enable them to benefit from the generalized tariff preference for products being the subject of contracts for sale at the fair; whereas, however, this latitude should be limited to 6 % of the levels  of the tariff measures applicable for each product or group of products under the abovementioned annual Regulations, and should be opened;  Whereas, without prejudice to the specific provisions of this Regulation, the application of the provisions of the annual Regulations regarding generalized tariff preferences and, in particular, in respect of the beneficiary countries and the concept of  originating products should be applied to the supplementary preferences in question;  Whereas it is appropriate, however, to exclude from the scope of this Regulation certain products originating in particular beneficiary countries;  Whereas declarations of release into free circulation submitted with a view to the importation of the products in question should be accompanied by the certificate of origin and the contract concluded at the Berlin Fair, the latter certified by the  competent German authorities;  Whereas the German authorities must ensure that certification of the contracts concluded at the Berlin Fair do not exceed the authorized supplementary quantities;  Whereas the method of administration adopted requires close cooperation between Member States and the Commission,  Whereas the generalized preferences have been suspended for products originating in the Republic of Korea by Regulations (EEC) No 3831/90 and (EEC) No 3832/90,  HAS ADOPTED THIS REGULATION:  Article 1  1. From 5 June 1991 to 31 December 1992, supplementary Community tariff preferences shall be opened, subject to Article 4, for the importation of products:  - mentioned in Annex I to Regulation (EEC) No 3831/90, or  - mentioned in Annexes I and II to Regulation (EEC) No 3832/90,  provided these products originate in one of the countries or territories benefiting from the preferences referred to in the Annexes to those Regulations and have been exhibited by the exporting countries at the Berlin 'Partners in Progress' Fair and  they have been the subject of sales contracts, except for products originating in the Republic of Korea, for which the preferences are suspended.  2. The supplementary preferences referred to in paragraph 1 shall be 6 % of the quota, ceiling or fixed duty-free amounts fixed for each product or group of products in Regulations (EEC) No 3831/90 and (EEC) No 3832/90.  3. Within the framework of the supplementary preferences referred to in paragraph 1, the Common Customs Tariff duties shall be totally suspended. Application of the tariff preferences shall be subject to submission of a certificate of origin, Form A,  and the contract.  4. Within the limits of the supplementary preferences referred to in paragraph 1, the Kingdom of Spain and the Portuguese Republic shall apply customs duties conforming to the relevant provisions of the Act of Accession, and the relevant Regulations.  Article 2  1. Declarations of the release into free circulation of the products in question must be accompanied by the certificate of origin and by the contract concluded at the Berlin Fair, the latter certified by the competent German authorities.  2. The German authorities shall ensure that the total amount covered by certified contracts does not exceed the limit fixed in Article 1 (2).  Article 3  Those provisions of Regulations (EEC) No 3831/90 and (EEC) No 3832/90 relating to the application of generalized tariff preferences which concern beneficiary countries and the concept of originating products shall be applicable.  Article 4  This following shall be excluded from the benefits afforded by this Regulation:  - textile products falling within categories 1, 2, 3, 4, 5, 6, 7 and 8 appearing in Annex I to Regulation (EEC) No 3832/90 and originating in countries subject to the Community tariff quotas allocated as indicated in the said Annex,  - products appearing in the Annex to this Regulation and originating in the countries indicated.  Article 5  The German authorities shall forward to the Commission, not more than seven days after the end of the Berlin Fair, a list of certified contracts indicating the nature and value or the quantity, whichever is appropriate, of the goods in  question and the names and addresses of the exporters and importers. The Commission shall send a copy of this list to the authorities of the other Member States.  Article 6  Member States shall forward to the Commission, within two weeks following the end of each quarter, the list of the amounts charged during the reference quarter in accordance with the provisions of this Regulation.  Article 7  Member States and the Commission shall cooperate closely to ensure compliance with this Regulation.  Article 8  This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.  Done at Luxembourg, 22 April 1991. For the Council  The President  R. STEICHEN  (1) OJ No L 370, 31. 12. 1990, p. 1. (2) OJ No L 370, 31. 12. 1990, p. 39.    ANNEX  List of products/countries excluded from the benefit of this Regulation   Order No  CN code  Description  Country concerned           10.0110  2902 50 00  Styrene  Saudi Arabia       10.0240  2921 19 30  Isopropylamine and its salts  Romania       10.0400  3102 10 10  Urea containing more than 45 % by weight of nitrogen  on the dry anhydrous product  Libya       10.0440  3806 10 10  Resin, obtained from fresh oleoresins  China       10.0480  3923 21 00  Sacks and bags (including cones):    Of polymers of ethylene  Hong Kong  Singapore       10.0520  4104 10 95  4104 10 99  4104 31 11  4104 31 19  4104 31 30  4104 31 90  4104 39 10  4104 39 90  Leather of bovine or equine animals, without hair on, other than leather falling within CN code 4108 or 4109    Whole bovine skin leather, of a unit surface area not exceeding 28 square feet (2,6 m2)      Other        Otherwise prepared    Other bovine leather and equine leather, parchment-dressed or prepared after tanning  Brazil       10.0570  4202 11 10  4202 11 90  4202 12 91  4202 12 99  4202 19 91  4202 19 99  4202 21 00  4202 22 90  4202 29 00  4202 31 00  4202 32 90  4202 39 00  4202 91 10  4202 91 50  4202 91 90  4202 92 91  4202 92 95  4202 92 99  4202 99 10  4202 99 90  Trunks, suit-cases, vanity cases, executive cases, brief cases, school satchels and similar containers    With outer surface of leather, of composition leather or of patent leather    With outer surface of plastics or of textile materials      Of other materials, including vulcanized fibre        Other  Articles of a kind normally carried in the pocket or in the handbag    With outer surface of leather, of composition leather or of patent leather    With outer surface of plastic sheeting or of textile materials      Of textile materials        Other  Other    With outer surface of leather, of composition leather or of patent leather    With outer surface of plastic sheeting or of textile materials    Other      Musical instrument cases        Other  Brazil  China  Hong Kong       10.0630  4412  4420 90 11  4420 90 19  Plywood, veneered panels and similar laminated wood  Wood marquetry  and inlaid wood  Brazil  Singapore  Malaysia  Indonesia       10.0660  6401  Waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes  Hong Kong    6402  Other footwear with outer soles and uppers of rubber or plastics        10.0670  6403  Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather  Brazil  Hong Kong       10.0680  6404  Footwear with outer soles of rubber, plastics, leather or composition leather, and uppers of textiles materials  Hong Kong   6405 90 10  Other footwear, with outer soles of rubber, of plastics, of leather or of composition  leather        10.0690  6405 10 90  6405 20 91  6405 20 99  6405 90 90  Other footwear, with outer soles of other materials  China       10.0700  6601  Umbrellas and sun umbrellas (including walking-stick umbrellas, garden umbrellas and similar umbrellas)  Hong Kong       10.0950  8211 10 00  8211 91 90  8211 92 90  8211 93 90  Knives with cutting blades, serrated or not (including pruning knives), other than knives falling within CN code 8208, excluding knives with handles of base metal  Hong Kong       10.0980  8414 10 30  8414 10 50  8414 10 90  8414 20 91  8414 20 99  8414 30 30  8414 30 91  8414 30 99  8414 40 10  8414 40 90  8414 80 21  8414 80 29  8414 80 31  8414 80 39  8414 80 41  8414 80 49  8414 80 60  8414 80 71  8414 80 79  8414 80 90  Air or vacuum pumps and air or gas compressors  Brazil  Singapore       10.0990  8452 10 11  8452 10 19  8452 10 90  8452 21 00  8452 29 00  Sewing machines, other than book-sewing machines falling within CN code 8440  Brazil       10.1055  8528 10 40  8528 10 50  8528 10 71  8528 10 73  8528 10 75  8528 10 78  Television receivers (including video monitors and video projectors) whether or not combined in the same housing, with radio-broadcast receivers or sound or video recording or reproducing apparatus    Colour      Television projection equipment    Apparatus incorporating a videophonic recorder or reproducer      Television receivers with integral tube  Hong Kong  Singapore       10.1060  8527 11 10  8527 11 90  8527 21 10  8527 21 90  8527 29 00  8527 31 10  8527 31 91  8527 31 99  8527 32 90  8527 39 10  8527 39 91  8527 39 99  8527 90 91  8527 90 99  Reception apparatus for radio-telephony, radio-telegraphy or radio-broadcasting, whether or not combined in the same housing with recording or reproducing apparatus or a clock  Hong Kong  Singapore   8528 10 61  8528 10 69  8528 10 80  8528 10 91  8528 10 98  8528 20 20  8528 20 71  8528 20 73  8528 20 79  8528 20 91  8528 20 99  Television receivers (including video monitors and video projectors), whether or not combined in the same housing with radio-broadcast receivers or sound or video recording or reproduction apparatus, excluding video recording or reproducing  apparatus incorporating a video tuner and goods falling within CN codes 8528 10 50, 8528 10 71, 8528 10 73, 8528 10 75, 8528 10 78 and 8528 10 40    8529 10 20  8529 10 31  8529 10 39  8529 10 40  8529 10 50  8529 10 70  8529 10 90  8529 90 99         10.1110  8540 91 00  8540 99 00  Thermonic, cold cathode or photocathode valves and tubes    Parts  Hong Kong  Singapore   8541 10 10  8541 10 91  8541 10 99  8541 21 10  8541 21 90  8541 29 10  8541 29 90  8541 30 10  8541 30 90  8541 40 10  8541 50 10  8541 50 90  8541 90 00  Diodes, transistors, and similar semiconductor devices, light emitting diodes    8542  Electric integrated circuits and microassemblies  COUNCIL REGULATION (EEC) No 1004/91  of 22 April 1991  applying supplementary generalized tariff preferences in respect of certain industrial products originating in countries benefiting from generalized preferences and sold at the Berlin  'Partners in Progress' Fair  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the imports fair 'Partners in Progress' is organized every year in Berlin with a view to improving the access to world markets of products originating in countries benefiting from generalized preferences;  Whereas, in view of the specific features of the Berlin Fair and of the unique situation of Berlin, certain measures should be taken in the field of generalized preferences;  Whereas, in accordance with the offer made in the context of the United Nations Conference on Trade and Development (UNCTAD), the Community opened generalized preferences commencing in 1971 and most recently under Regulations (EEC) No 3831/90 (1) and  (EEC) No 3832/90 (2) and in particular in respect of finished and semi-finished industrial and textile products originating in developing countries;  Whereas, in the past, certain products covered by the system of quotas, ceilings or other tariff measures, being the subject of contracts for sale in the course of the Berlin Fair, have not been able to benefit from the preferences, the allocated tariff  quotas or fixed duty-free amounts having been used up or the collection of customs duties having been re-established for products subject to ceiling limits before the opening date of the fair; whereas it is important to provide additional latitude to  countries benefiting from generalized preferences to enable them to benefit from the generalized tariff preference for products being the subject of contracts for sale at the fair; whereas, however, this latitude should be limited to 6 % of the levels  of the tariff measures applicable for each product or group of products under the abovementioned annual Regulations, and should be opened;  Whereas, without prejudice to the specific provisions of this Regulation, the application of the provisions of the annual Regulations regarding generalized tariff preferences and, in particular, in respect of the beneficiary countries and the concept of  originating products should be applied to the supplementary preferences in question;  Whereas it is appropriate, however, to exclude from the scope of this Regulation certain products originating in particular beneficiary countries;  Whereas declarations of release into free circulation submitted with a view to the importation of the products in question should be accompanied by the certificate of origin and the contract concluded at the Berlin Fair, the latter certified by the  competent German authorities;  Whereas the German authorities must ensure that certification of the contracts concluded at the Berlin Fair do not exceed the authorized supplementary quantities;  Whereas the method of administration adopted requires close cooperation between Member States and the Commission,  Whereas the generalized preferences have been suspended for products originating in the Republic of Korea by Regulations (EEC) No 3831/90 and (EEC) No 3832/90,  HAS ADOPTED THIS REGULATION:  Article 1  1. From 5 June 1991 to 31 December 1992, supplementary Community tariff preferences shall be opened, subject to Article 4, for the importation of products:  - mentioned in Annex I to Regulation (EEC) No 3831/90, or  - mentioned in Annexes I and II to Regulation (EEC) No 3832/90,  provided these products originate in one of the countries or territories benefiting from the preferences referred to in the Annexes to those Regulations and have been exhibited by the exporting countries at the Berlin 'Partners in Progress' Fair and  they have been the subject of sales contracts, except for products originating in the Republic of Korea, for which the preferences are suspended.  2. The supplementary preferences referred to in paragraph 1 shall be 6 % of the quota, ceiling or fixed duty-free amounts fixed for each product or group of products in Regulations (EEC) No 3831/90 and (EEC) No 3832/90.  3. Within the framework of the supplementary preferences referred to in paragraph 1, the Common Customs Tariff duties shall be totally suspended. Application of the tariff preferences shall be subject to submission of a certificate of origin, Form A,  and the contract.  4. Within the limits of the supplementary preferences referred to in paragraph 1, the Kingdom of Spain and the Portuguese Republic shall apply customs duties conforming to the relevant provisions of the Act of Accession, and the relevant Regulations.  Article 2  1. Declarations of the release into free circulation of the products in question must be accompanied by the certificate of origin and by the contract concluded at the Berlin Fair, the latter certified by the competent German authorities.  2. The German authorities shall ensure that the total amount covered by certified contracts does not exceed the limit fixed in Article 1 (2).  Article 3  Those provisions of Regulations (EEC) No 3831/90 and (EEC) No 3832/90 relating to the application of generalized tariff preferences which concern beneficiary countries and the concept of originating products shall be applicable.  Article 4  This following shall be excluded from the benefits afforded by this Regulation:  - textile products falling within categories 1, 2, 3, 4, 5, 6, 7 and 8 appearing in Annex I to Regulation (EEC) No 3832/90 and originating in countries subject to the Community tariff quotas allocated as indicated in the said Annex,  - products appearing in the Annex to this Regulation and originating in the countries indicated.  Article 5  The German authorities shall forward to the Commission, not more than seven days after the end of the Berlin Fair, a list of certified contracts indicating the nature and value or the quantity, whichever is appropriate, of the goods in  question and the names and addresses of the exporters and importers. The Commission shall send a copy of this list to the authorities of the other Member States.  Article 6  Member States shall forward to the Commission, within two weeks following the end of each quarter, the list of the amounts charged during the reference quarter in accordance with the provisions of this Regulation.  Article 7  Member States and the Commission shall cooperate closely to ensure compliance with this Regulation.  Article 8  This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.  Done at Luxembourg, 22 April 1991. For the Council  The President  R. STEICHEN  (1) OJ No L 370, 31. 12. 1990, p. 1. (2) OJ No L 370, 31. 12. 1990, p. 39.    ANNEX  List of products/countries excluded from the benefit of this Regulation   Order No  CN code  Description  Country concerned           10.0110  2902 50 00  Styrene  Saudi Arabia       10.0240  2921 19 30  Isopropylamine and its salts  Romania       10.0400  3102 10 10  Urea containing more than 45 % by weight of nitrogen  on the dry anhydrous product  Libya       10.0440  3806 10 10  Resin, obtained from fresh oleoresins  China       10.0480  3923 21 00  Sacks and bags (including cones):    Of polymers of ethylene  Hong Kong  Singapore       10.0520  4104 10 95  4104 10 99  4104 31 11  4104 31 19  4104 31 30  4104 31 90  4104 39 10  4104 39 90  Leather of bovine or equine animals, without hair on, other than leather falling within CN code 4108 or 4109    Whole bovine skin leather, of a unit surface area not exceeding 28 square feet (2,6 m2)      Other        Otherwise prepared    Other bovine leather and equine leather, parchment-dressed or prepared after tanning  Brazil       10.0570  4202 11 10  4202 11 90  4202 12 91  4202 12 99  4202 19 91  4202 19 99  4202 21 00  4202 22 90  4202 29 00  4202 31 00  4202 32 90  4202 39 00  4202 91 10  4202 91 50  4202 91 90  4202 92 91  4202 92 95  4202 92 99  4202 99 10  4202 99 90  Trunks, suit-cases, vanity cases, executive cases, brief cases, school satchels and similar containers    With outer surface of leather, of composition leather or of patent leather With outer surface of plastics or of textile materials      Of other materials, including vulcanized fibre        Other  Articles of a kind normally carried in the pocket or in the handbag    With outer surface of leather, of composition leather or of patent leather    With outer surface of plastic sheeting or of textile materials      Of textile materials        Other  Other    With outer surface of leather, of composition leather or of patent leather    With outer surface of plastic sheeting or of textile materials    Other      Musical instrument cases        Other  Brazil  China  Hong Kong       10.0630  4412  4420 90 11  4420 90 19  Plywood, veneered panels and similar laminated wood  Wood marquetry  and inlaid wood  Brazil  Singapore  Malaysia  Indonesia       10.0660  6401  Waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes  Hong Kong    6402  Other footwear with outer soles and uppers of rubber or plastics        10.0670  6403  Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather  Brazil  Hong Kong       10.0680  6404  Footwear with outer soles of rubber, plastics, leather or composition leather, and uppers of textiles materials  Hong Kong   6405 90 10  Other footwear, with outer soles of rubber, of plastics, of leather or of composition  leather        10.0690  6405 10 90  6405 20 91  6405 20 99  6405 90 90  Other footwear, with outer soles of other materials  China       10.0700  6601  Umbrellas and sun umbrellas (including walking-stick umbrellas, garden umbrellas and similar umbrellas)  Hong Kong       10.0950  8211 10 00  8211 91 90  8211 92 90  8211 93 90  Knives with cutting blades, serrated or not (including pruning knives), other than knives falling within CN code 8208, excluding knives with handles of base metal  Hong Kong       10.0980  8414 10 30  8414 10 50  8414 10 90  8414 20 91  8414 20 99  8414 30 30  8414 30 91  8414 30 99  8414 40 10  8414 40 90  8414 80 21  8414 80 29  8414 80 31  8414 80 39  8414 80 41  8414 80 49  8414 80 60  8414 80 71  8414 80 79  8414 80 90  Air or vacuum pumps and air or gas compressors  Brazil  Singapore       10.0990  8452 10 11  8452 10 19  8452 10 90  8452 21 00  8452 29 00  Sewing machines, other than book-sewing machines falling within CN code 8440  Brazil       10.1055  8528 10 40  8528 10 50  8528 10 71  8528 10 73  8528 10 75  8528 10 78  Television receivers (including video monitors and video projectors) whether or not combined in the same housing, with radio-broadcast receivers or sound or video recording or reproducing apparatus    Colour      Television projection equipment    Apparatus incorporating a videophonic recorder or reproducer      Television receivers with integral tube  Hong Kong  Singapore       10.1060  8527 11 10  8527 11 90  8527 21 10  8527 21 90  8527 29 00  8527 31 10  8527 31 91  8527 31 99  8527 32 90  8527 39 10  8527 39 91  8527 39 99  8527 90 91  8527 90 99  Reception apparatus for radio-telephony, radio-telegraphy or radio-broadcasting, whether or not combined in the same housing with recording or reproducing apparatus or a clock  Hong Kong  Singapore   8528 10 61  8528 10 69  8528 10 80  8528 10 91  8528 10 98  8528 20 20  8528 20 71  8528 20 73  8528 20 79  8528 20 91  8528 20 99  Television receivers (including video monitors and video projectors), whether or not combined in the same housing with radio-broadcast receivers or sound or video recording or reproduction apparatus, excluding video recording or reproducing  apparatus incorporating a video tuner and goods falling within CN codes 8528 10 50, 8528 10 71, 8528 10 73, 8528 10 75, 8528 10 78 and 8528 10 40    8529 10 20  8529 10 31  8529 10 39  8529 10 40  8529 10 50  8529 10 70  8529 10 90  8529 90 99         10.1110  8540 91 00  8540 99 00  Thermonic, cold cathode or photocathode valves and tubes    Parts  Hong Kong  Singapore   8541 10 10  8541 10 91  8541 10 99  8541 21 10  8541 21 90  8541 29 10  8541 29 90  8541 30 10  8541 30 90  8541 40 10  8541 50 10  8541 50 90  8541 90 00  Diodes, transistors, and similar semiconductor devices, light emitting diodes    8542  Electric integrated circuits and microassemblies