CELEX: 51992PC0124
Language: en
Date: 1992-04-01
Title: Proposal for a COUNCIL REGULATION (EEC) applying supplementary generalized tariff preferences in respect of certain products originating in countries benefiting from generalized preferences and sold at imports fairs organized in the Community

3i:
                   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                             C0M(92) 124 final
                                                             Brussels, 31 March 1992
                                                  Proposal for a
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                                            COUNCIL REGULATION (EEC)
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                     applying supplementary generalized tariff preferences in respect of certain
                     products originating in countries benefiting from generalized preferences
                     and sold at Imports fairs organized in the Community
                                          (presented by the Commission)
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 ---pagebreak---                           Explanatory memorandum
      The overseas imports fair "Partners in Progress" has been held
every year in Berlin since 1962. The fair focuses on products exported
by developing countries. For several years the Community has provided
support for this initiative, both to assist the developing countries
with trade promotion in general and also to take account of the unique
situation of BerI in.
      Last year the Council approved a Commission   proposal for an "ad
hoc"    Regulation,   authorizing    supplementary generalized   tariff
preferences for certain products originating in    developing countries
and sold at the Berlin Fair (Regulation (EEC) No    1004/91 of 22 April
1991, 0J No L 105, p.1).
       In a letter dated 19 December 1991, the German government asked
the Commission again to present a proposal to the Council granting
supplementary generalized tariff preferences to developing countries
for goods which are the subject of contracts for sale in the course of
the fair.
      Since, however, Berlin's situation is no longer the exception
that it was in the past the Commission is of the opinion that the
advantages of these supplementary preferences, which are in general
still necessary, should not be confined solely to the Berlin Fair and
that they should therefore be opened to all fairs seeking a similar
objective in the Community and fulfilling the same criteria with regard
to the products exhibited.
      Such is the purpose of this proposal for a Regulation.
 ---pagebreak---                              Draft proposal for a
                        Council Regulation (EEC) No,
                                 of      1992
applying supplementary generalized tariff preferences in respect of certain
products originating in countries benefiting from generalized preferences
and sold at imports fairs organized in the Community
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 fairs are organized in the Community with a view to promoting
partnership between economic operators from developing countries and from
 industrialized countries at commercial, industrial or technological level
and improving the access to world markets of products originating in
countries benefiting from generalized preferences;
Whereas, in view of the aims of these fairs, 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 3831/901 and (EEC) No 3832/90 2 extended in 1992 by
Regulation (EEC) No 3587 3 and in particular in respect of finished and
semi-finished industrial and textile products originating in countries
benefiting from generalized preferences;
Whereas, certain products covered by the system of quotas, ceilings or
other tariff measures, being the subject of contracts for sale in the
course of these fairs, might not be able to benefit from the preferences if
the allocated tariff quotas or fixed duty-free amounts are used up or the
collection of customs duties are re-established for products subject to
ceiling limits before the opening date of the abovementioned fairs; whereas
1   OJ No L 370, 31.12.1990, p.1.
2   0J No L 370, 31.12.1990, p.39.
3   OJ No L 341, 12.12.1991. p.1.
 ---pagebreak---                                      _2-
 it is important to provide additional latitude to countries benefiting from
generalized preferences to enable them to benefit from the generalized
tariff preferences for products being the subject of contracts for sale at
these fairs; whereas, however, this latitude should be limited to 15% of
the levels of the tariff measures applicable for each product or group of
products under the abovementioned annual Regulations, and should be opened
within the framework of fixed amounts, with a maximum of 5% per fair;
Whereas the supplementary preferences should be shared out equally among
fairs, the list of which has been drawn up by the Commission;
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 relevant fair, the
latter certified by the competent authorities of the Member State where it
is held;
Whereas the authorities of the Member States must ensure that certification
of the contracts concluded at fairs held on their territory do not exceed
the authorized supplementary quantities;
Whereas the method of administration adopted requires close cooperation
between the Member States and the Commission,
HAS ADOPTED THIS REGULATION:
                                  Article 1
1. From 1 June 1992 to 31 December 1993, supplementary Community tariff
preferences shall be opened, subject to Article 4, for the importation of
products:
                                                                             L,
 ---pagebreak---                                       -3-
-  mentioned   in Annex I to Regulation (EEC) No 3831/91, extended in 1992 by
   Regulation   (EEC) No 3587/91, or
-  mentioned   in Annexes I and II to Regulation (EEC) No 3832/90, extended
    in 1992 by  Regulation (EEC) No 3587/91,
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 one of
the fairs referred to in Article 2 and they have been the subject of sales
contracts.
2. The supplementary preferences referred to in paragraph 1 shall be, for
all the fairs referred to in Article 2, 15% of the quota, ceiling or
duty-free amounts fixed for each product or group of products in
Regulations (EEC) No 3831/90 and (EEC) No 3832/90. The accordingly fixed
supplementary preferences shall be divided into equal shares among each of
the fairs referred to in Article 2, each share not exceeding 5% of the
abovementioned quota, ceiling or fixed duty-free amounts.
3. Within the framework of the supplementary preferences referred to in
paragraph 1, the Common Customs Tariff 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. The supplementary preferences referred to in paragraph 1 shall be
administered in fixed duty-free amounts.
5. 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. The fairs benefiting from supplementary preferences must be import
trade promotion fairs designed to promote partnership between economic
operators from developing countries and from industrialized countries at
commercial, industrial or technological level. They must aim to bring
together representative exhibitors of a group of developing countries and
present a range of products from those countries covering most of the goods
entitled to generalized preferences.
 ---pagebreak---                                       _4-
2. The Member States shall notify the Commission not later than
30 April 1992 of the names of the fairs applying for the benefits afforded
by this Regulation and fulfilling the conditions referred to in
paragraph 1. The complete list of beneficiary fairs and the share of the
supplementary preferences allocated to each of them shall be drawn up by
the Commission and published in the Official Journal of the
European Communities, C series
                                  Article 3
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 relevant fair, the latter certified by the
competent authorities of the Member States where it is held.
2. The competent authorities of the Member State concerned shall ensure
that the total amount covered by certified contracts does not exceed the
 limits fixed in Article 1(2) and Article 2.
                                  Article 4
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 5
The following shall be excluded from the benefits afforded by this
Regulat ion:
-   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 6
The authorities of the Member State concerned shall forward to the
Commission, not more than seven days after the end of the 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 7
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.
                                                                            L
 ---pagebreak---                                     -5-
                                 Article 8
Member States and the Commission shall cooperate closely to ensure
compliance with this Regulation.
                                 Article 9
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
a 11 Member States.
Done at ....  ...
                                        For the CounciI
                                        The President
                                                                            ?
 ---pagebreak---                                                                     ANNEX
                   List of p r o d u c t s / c o u n t r i e s excluded from the benefit of this Regulation
  Order                                                                                                                 Country
           CN code                                                     Description
   No                                                                                                                  concerned
 10.0110  2902 50 00      Styrenc                                                                             Saudi Arabia
 10.0240  2921 19 30      lsopropylamine and its salts                                                        Romania
10.040(1 3102 10 10       Urea containing more than 45 % by weight of nitrogen on the dry anhy-               Libya
                         drous product
10.0440  3806 10 10      Resin, obtained from fresh oleoresins                                                China
10.0480  3923 21 00      Sacks and bags (including cones)                                                     Hong Kong
                                                                                                              Singapore
                          — Of polymers of ethylene
10.0510  4011 1000        Other pneumatic tyres and tubes                                                    S o u t h Kor«o
         4011 20 00
         4011 3090
         4011 91 00
         401199 00
         4012 1090
         4012 20 90
         4012 90 10
         40129090
         4013 10 10
         4013 1090
         4013 9090
10.0520  4104 10 95      Leather of bovine or equine animals, without hair on, other than leather             Bia/il
         4104 1099       falling within CN code 4108 or 4109
         4104 31 11      — Whole bovine skin leather, of a unit surface area not exceeding 2H square
         410431 19           feet (2,6 nv)
         4104 31 30
                                 Other
         4104 31 90
         4104 39 10      — — — Otherwise prepared
         4104 39 90      — Other bovine leather and equine leather, parchment-dressed or prepared
                             after tanniru;
10.0560  4202 12 II      Trunks, suit-cases, vanity cases, executive                                        India
         4202 12 19      cases, briefcases, school satchels and simi-                                       PakJ »t on
         4202 22 10       lar containers                                                                    South Kor«a
         4202 32 10      — With outer surface of plastics or of tex-
         4202 92 11           tile materials
         4202 92 15               In the form of plastic sheeting
         4202 92 19
                          Handbags, whether or not with shoulder
                          straps, including those without handles
                          — With outer surface of plastic sheeting or
                              of textile materials
                                  Of plastic sheeting
                          Articles of kind normally carried in the
                          pocket or in the handbag
                          — With outer surface of plastic sheeting or
                               of textile materials
                                  Of plastic sheeting
                           Other, with outer surface of plastic sheeting
                           or of textile materials
                           — Of plastic sheeting;
                           _ _ Travelling-bags, toilet bags, rucksacks and sports bags
                           — — Musical instrument cases
                                  Other
 ---pagebreak---                                                                                                                                    2.
    Ordcr                                                                                                                 Country
                C N code                                             Description
     No                                                                                                                  concerned
   10.0570     4202 11 10   Trunks, suit-cases, vanity cases, executive cases, briel cases, school satchels      Brazil
              4202 11 90    and similar containers                                                               China
              4202 12 91     — W i t h outer surface of leather, of composition leather or of patent leather     Hong Kong
              4202 12 99                                                                                         Ind i a
                             — W i t h outer surface of plastics or of textile materials
              4202 19 91                                                                                         Paki atan
              4202 19 99     — — O f other materials, including vulcanized fibre                                 South Koreo
              4202 21 00               Other
              4202 22 90
                            Articles of a k i n d normally carried in the pocket or in the handbag
              4202 29 00
                             — W i t h outer surface of leather, of composition leather or of patent leather
              4202 31 00
              4202 32 90    — W i t h outer surface of plastic shecting or of textile materials
              4202 39 00     — — O f textile materials
              4202 91 10               Other
             4202 91 50
             4202 91 90    Other
             4202 92 91     — W i t h outer surface of leather, of composition leather or of patent leather
             4202 92 95     — W i t h outer surface of plastic sheeting or of textile materials
             4202 92 99
                            — Other
             4202 99 10
                            — — Musical instrument cases
             4202 99 90
                                       Other
 10.0580     4203 10 00     Articles o f apparel and clothing accessories,                                    China
             4203 2100      o f leather or o f composition leather, exclud-                                    Ind i a
             4203 29 91     ing gloves, mittens, and mitts, protective for                                     Pak i a ton
             4203 29 99     ail trades                                                                         Phi Iipp i nea
             4203 30 00                                                                                        ThoiI and
             4203 40 00
 10.0590     4203 29 10     Articles o f apparel and c l o t h i n g accessories,                              Ch i no
                           o f leather or composition leather                                                   I nd i a
                            — Gloves, mittens and mitts                                                        Paki a tan
                                   Other                                                                       Phi I 1 pp i nea
                                       Protective for ail trades                                               ThoIt and
 10.0630    4412          Flywood, veneered panels and similar laminated wood                                  Brazil
                                                                                                               Indonesia
            4420.90 11    W o o d marquetry                                                                    Malaysia
            4420 90 19    and tnlaid wood                                                                      Singapore
                                                                                                               South Korea
 10.0660    6401          Waterproof footwear w i t h outer soles and uppers of rubber or of plastics, the   Ch i n a
                          uppers of w h i c h are neither fixed to the sole nor assembled by stitching,      Hong Kong
                          riveting, nailing, screwing, plugging or similar processes                         I ndone a i a
                                                                                                             Ph i I i pp i ne a
            6402          Other footwear w i t h outer soles and uppers of rubber or plastics
                                                                                                             Sou t h Ko r e o
                                                                                                             Tha i I and
10.0670    6403           Footwear with outer soles of rubber, plastics, leather or composition leather        Brazil
                          and upjiers of leather                                                               Ch i no
                                                                                                               Hong Kong
                                                                                                               Indone a i o
                                                                                                              P h i I i pp i ne a
                                                                                                              South Korea
                                                                                                              Tho i t and
                          Footwear with outer soles of rubber, plastics, leather or composition leather,     Ch 1 na
10.0680    6404
                                                                                                             Hong Kong
                          and uppers of textiles materials
                                                                                                              Indonesi a
           6405 90 10     Other footwear, with outer soles c l rubber, of plastics, of leather or of          Phi I i pp i nea
                          composition leather                                                                 South Koreo
                                                                                                              Tho i 1 and
 ---pagebreak---   Order
   No          CN code                                    Description                                           Country
                                                                                                               concerned
 10.0690     6405 10 90  Other footwear, with outer soles of other materials                           China
             6405 20 91
             6405 20 99
             6405 90 90
10.0700     6601        Umbrellas and sun umbrellas (including walking-stick umbrellas, garden        •Hong Kong
                        umbrellas and similar umbrellas)
10.0720      6911        Tableware, kitchenware, other household
                                                                                                      China
                         articles and toilet articles, of porcelain or                                Hong Kong
                         china
10.0740      6912 00 50  Ceramic tableware, kitchenware, other                                        S o u t h Korea
                         household articles and toilet articles, of
                        earthenware or fine pottery
10.0750     6913         Statuettes and other ornamental ceramic                                      China
                         articles                                                                     S o u t h Kor«a
10.0770      7013        Glassware of a -kind used for table, kit-                                    Ch ina
                         chen, toilet, office, indoor decoration or                                    India
                         similar purposes (other than that of heading
                         No 7010 or 7018)
10.0800      7117 19 10  Imitation jewellery                                                         S o u t h Korea
             7117 1991   — Of base metal, whether or not plated
             7117 1999       with precious metal
         ex 7117  9000          Others
                        — Others excluding imitation jewellery of
                             leather or composition leather or of
                             wood
14.0950     821110 00   Knives with<utting blades, serrated or not (including pruning knives), other   Hong Kong
           8211 SI 30   than knives falling within CN code 8208, excluding knives with handles of
           8211 SI 80   base metal
            821192 90
            8211 93 90
10.0980     8414 10 30  Air or vacuum pumps and air or gas compressors                                 Brazil
            8414 10 50                                                                                Singapore
            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
            84)4 80 60
            8414 80 71
            8414 80 79
            8414 80 90
 ---pagebreak---                                                                                                                         4
   Order
     No       C N code                                      Description                                        Country
                                                                                                              concerned
  10.0990   8452 10 11   Sewing machines, other than book-sewing machines falling within CN code       Brazil
            8452 10 19   8440
            8452 10 90
            8452 21 00
            8452 29 00
  10.1010   8471 10 90   Automatic data-processing machines and                                      South      Korea
            84712040     units thereof; magnetic or optical readers,
            8471 20 50   machines for transcribing data into data
            847120 60    media in code form, machines for process-
            8471 2090    ing such data, not elsewhere specified or in-
            84719140     cluded, other than for use in civil aircraft
           847191 50
           84719160
           847191 90
           847192 90
           847193 40
           847193 50
           847193 60
           847193 90
           8471 99 10
           847199 30
           847199 90
 10.1052   8521         Video recording or reproducing apparatus                                    S o u t h Korea
10.1053    8523         Prepared unrecorded media for sound re-                                     Sou t h Koreo
                        cording or similar recording of other pheno-
                        mena other than products of Chapter 37
          8524          Records, tapes and other recorded media
                        for sound or other similarly recorded phen-
                        omena, including matrices and masters for
                       the production of records but excluding
                        products of Chapter 37
10.1055   8528   10 40 Television receivers (including video monitors and video projectors) whether Hong Kong
          8528   10 50 or not combined in the same housing, with radio-broadcast receivers or       Singapore
          8528   10 71 sound or video recording or reproducing apparatus                            Sou t h Ko r e o
          8528   10 73 — Colour
          8528   10 75
                       — — Television projection equipment
          8528   10 78
                       — Apparatus incorporating a videophonic recorder or reproducer
                       — — Television receivers with integral tube
 ---pagebreak---                                                                                                                          5.
  Order
             C N code
                                                                                                                Country
   No                                                     Description
                                                                                                               concerned
 10.1060    8527 11 10  Reception apparatus for radio-telephony, radio-telegraphy ot radio-           Hong Kong
           8527 11 90   broadcasting, whether or not combined in the same housing with recording      Singapore
           8527 21 10   or reproducing apparatus or a clock                                           S o u t h Korea
           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
           8528 10 61  Television receivers (including video monitors and video projectors),
           8528 10 69  whether or not combined in the same housing with radiobroadcast
           8528 10 80  receivers or sound or video recording or reproduction apparatus, excluding
          8528 10 91   video recording or reproducing apparatus incorporating a video tuner and
          8528 10 98   goods falling within CN codes 8528 10 50, 8528 10 71, 8528 10 73,
          8528 20 20   8528 10 75, 8528 10 78 and 8528 10 40
          8528 20 71
          8528 20 73
          8528 20 79
          8528 20 91
          8528 20 99
          8529 10 20
          8529 10 31
          8529 10 39
          8529 10 40
          8529 10 50
          8529 10 70
          8.529 10 90
         8529 90 70
         8529 90 98
10.1094   8540  11 10  Cathode-ray television picture tubes includ-                                  South      Korea
          8540  11 30  ing video monitor cathode-ray tubes
          8540  11 50  — Colour
          8540  11 80
10.1110   8540 91 00   Thcrmonic, cold cathode or photocathode valves and tubes                      Hong Kong
          8540 99 00   - Parts                                                                       Singapore
          8541 10 10   Diodes, transistors, and similar semiconductor devices, light emitting diodes
          8541 1091
          8.541 10 99
          8541 21 10
          8 541 71 90
          8541 79 10
          8541 29 90
          8541 30 10
          8541 30 90
          8541 40 10
          8541 50 10
          8541 50 90
          8541 90 00
          8542         Electric integrated circuits and microassemblies
 ---pagebreak---  Order                                                                       Count iy
            CN code                                   Description
  No                                                                        concerned
10.1120    8703 21 10  Motor vehicles, new, of a cylinder capacity Ma 1 a y * i o
           8703 22 11 not exceeding 3 000 cm3                      Roman i a
           8703 22 19                                              South     Korea
           8703 23 11
           8703 23 19
           8703 31 10
           8703 32 11
           8703 32 19
        ex 8703 33 11
        ex 8703 33 19
        ex 8703 90 90
10.1300    9503       Other toys, reduced size (scale) models and  South     Korea
                      similar recreational models working or not,
                      puzzles of all sorts
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(92) 124 final
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                                Catalogue number: CB-CO-92-135-EN-C
                                                             ISBN 92-77-42414-1
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