CELEX: 31974R3047
Language: en
Date: 1974-12-02 00:00:00
Title: Regulation (EEC) No 3047/74 of the Council of 2 December 1974 opening, allocating and providing for the administration of Community tariff quotas for certain textile products originating in developing countries

No L 329/ 16                        Official Journal of the European Communities                                9 . 12. 74
                             REGULATION (EEC) No 3047/74 OF THE COUNCIL
                                                 of 2 December 1974
              opening, allocating and providing for the administration of Community tariff quotas
                           for certain textile products originating in developing countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       the ceilings for the preferential imports of such
                                                               product, taking due account of deliveries effected
                                                               by the beneficiary countries alone ; whereas, more­
Having regard to the Treaty establishing the Euro­             over, particularly in view of the high level of
pean Economic Community ;                                      deliveries of the products in question to the
                                                               Community by the third countries concerned, it ap­
                                                               pears appropriate, except in particular instances, to
Having regard to the proposal from the Commission ;            restrict preferential imports from any single benefi­
                                                               ciary country to 20 or 30% of the ceiling laid down
                                                               for each category of products concerned ;
Whereas, within the context of UNCTAD, the
European Economic Community offered to grant
tariff preferences on finished and semi-finished               Whereas the offer made by the Community includes
products coming from developing countries ; whereas            a clause stating that the Community drew up the
the preferential treatment proposed in that offer              offer on the assumption that all the main industrial­
                                                               ized countries which are members of the OECD
covers, generally speaking, all finished and semi­
finished industrial products covered by Chapters 25            would participate in granting preferences and would
to 99 of the Brussels Nomenclature which originate             make similar efforts in this direction ; whereas,
in developing countries ; whereas the preference               moreover, it is evident from the conclusions worked
consists in the granting of exemption from customs              out in UNCTAD that this offer, while being of
duties ; whereas preferential imports are effected up           a temporary nature, does not constitute a binding
to the level of ceiling calculated by value in respect          commitment and, in particular, may be withdrawn
of each product on the basis of factors which are               wholly or in part at a later date; whereas this
uniform for all the products ; whereas, in order that           possibility may be adapted inter alia with a view to
the preferences granted to the most competitive                 remedying any unfavourable situations which might
developing country or countries should be restricted            arise in the associated countries following the
and that a substantial share should be reserved for             implementation of the generalized preference scheme ;
the least competitive, preferential imports from any
one developing country in respect of a given product            Whereas, moreover, the conference of Heads of State
should not, as a general rule, exceed 50% of the                or of Government of the Member States and the
ceiling fixed for that product;                                 States acceding to the European Communities held
                                                                in Paris from 19 to 21 October 1972 invited the
                                                                Community institutions and the Member States
Whereas, in the offer made by the Community, the                progressively to adopt an overall policy of develop­
annual ceilings should normally be calculated on the            ment cooperation on a world-wide scale comprising
basis of the total value for 1968 of cif imports from           in particular the improvement of generalized
the countries benefiting from this scheme, excluding            preferences with the aim of achieving a steady
those already enjoying various preferential tariff              increase in imports of manufactures from the
arrangements granted by the Community ( basic                   developing countries ;
amount), plus 5% of the value of cif imports from
the other countries and from the countries already
enjoying such arrangements ( additional amount);                Whereas tariff preferences have been applied from
whereas such additional amount is variable and is               the second half of 1971 under the conditions set out
calculated each year on the basis of the latest figures         above and whereas these preferences should continue
available, provided that this entails no reduction in           to be applied throughout 1975 ;
the ceiling;
                                                                Whereas, in accordance with Protocol 23 to the
                                                                Act of Accession ( 1 ), the generalized tariff preference
Whereas, however, in view of the special nature
which trade in the majority of textile products
referred to in this Regulation may have, it appears
generally expedient to calculate in terms of tonnages           (^ OJ No L 73 , 27. 3 . 1972 , p. 14.
 ---pagebreak--- 9 . 12 . 74                            Official Journal of the European Communities                           No L 329/ 17
scheme will be applicable in the new Member States                Whereas the application of the generally accepted
from 1 January 1974;                                              principles in respect of the allocation of the Com­
                                                                  munity tariff quotas which have been opened
                                                                  hitherto entails under these circumstances, in view
Whereas, hawing regard to the terms of the offer                  of the variety of the products concerned and the
concerned and to the need to improve the generalized              fact that the beneficiary countries are specified,
preferences the abovementioned basic and additional               calculations which are all the more problematic in
amounts should normally refer to 1971 ; whereas,                  that the statistical data required sometimes prove to
however, in respect of textile products, the com­                 be incomplete or not sufficiently accurate or
plexity of the measures to be implemented, combined               representative ; whereas the time required for these
with the abovementioned aim of improving the gen­                 calculations cannot be reconciled with the continuity
eralized preferences, could in 1974 be overcome only              necessary for the application of the tariff preferences
by means of a flat-rate increase of some 50% in the               concerned ; whereas, under these conditions, it would
ceilings fixed for 1973 ; whereas the same situation              be advisable still at ' this stage to adopt a fixed scale
will again prevail in 1975, so that such improvement              for allocating the Community tariff quotas concerned
can be effected only by means of a flat-rate increase             among the Member States ; whereas, using as a basis
of 5% in the ceilings fixed for 1974;                             general economic criteria relating to external trade
                                                                  either as a whole or in the textile sector alone, the
                                                                  gross national product and population, the percent­
Whereas it is expedient, therefore, in respect of the             ages for the initial shares of the Member States in
products referred to in Annex A which originate in                the quota amounts are as follows for the quota
the countries listed in Annex B, that the Community               year under consideration :
should open, for 1975 , duty-free Community tariff
quotas within the limits of the amounts in units of                       Germany                              27%
account or metric tons given in respect of each of                        Benelux                              10%
these products ;
                                                                          France                               19%
                                                                          Italy                                14%
Whereas charges against each of these tariff quotas
must, in respect of the products originating in any                       Denmark                               7%
of the abovementioned countries, come within a                            Ireland                               1%
specified percentage of the amount of the quota ;
whereas the benefit of such tariff quotas should be                       United Kingdom                       22%
reserved for products originating in the countries
under consideration, the concept of 'originating
products' being determined in accordance with the
procedure laid down in Article 14 of Council Regu­                Whereas, without affecting the Community nature
lation (EEC) No 802/68 (*) of 27 June 1968 on the                 of the tariff quotas under consideration, it appears
 common definition of the concept of the origin of                possible to provide at this stage for a utilization
goods ;                                                           scheme based on a single allocation among the
                                                                  Member States ; whereas, moreover, the allocation
                                                                  set out by this Regulation in no way prejudices the
                                                                  possibility of adopting the general method of allo­
Whereas it is necessary to ensure equal and con­                  cation of Community tariff quotas comprising the
tinuous access for all Community importers to the                 setting up of a reserve share ; whereas implementation
 abovementioned quotas and the uninterrupted appli­               of this principle in this particularly sensitive sector
cation of the rate laid down for those quotas to                  can, however, take place only progressively, yet must
all imports of the products concerned into all                    remain attuned to the methods of administration laid
Member States until those quotas are used up ;                    down in the general framework of the generalized
whereas, having regard to the principles set out                  tariff preference scheme ; whereas at the present junc­
above, the Community nature of the quotas can be                  ture it appears feasible that such allocation could be
respected by allocating the Community tariff quota                made according to the percentages set out in the table
among Member States ; whereas, moreover, to this                  above ; whereas, however, as regards certain yarn
end and in the context of the utilization system,                 and woven fabrics of synthetic textile fibres and
the actual charges against the quotas may relate                  sisal twine falling within heading Nos 51.04 and ex
only to products which are entered for home use                    59.04, and subheadings 56.05 A and 56.07 A of the
 and which are accompanied by a certificate of                    Common Customs Tariff, one new Member State,
 origin;                                                          the Kingdom of Denmark, has for some years been
                                                                  importing these at a relatively high level from certain
                                                                  developing countries and has therefore ceased to
                                                                  produce the articles in question ; whereas, this special
 O OJ No L 148 , 28 . 6. 1968 , p. 1 .                            situation should temporarily be taken into account
 ---pagebreak--- No L 329/ 18                        Official Journal of the European Communities                               9 . 12. 74
and this Member State should be granted an                    4. Any amendments to Annex B, in particular by
increased share without restricting the access thereto        the addition of new countries enjoying tariff pre­
of countries 'benefiting from generalized 'preferences ;      ferences, may entail a corresponding adjustment to
                                                              the amounts of the quotas and to the maximum
                                                               amounts appearing in columns 3 and 4 of Annex A.
Whereas since the Kingdom of Belgium, the Kingdom
of the Netherlands and the Grand Duchy of
Luxembourg are united in and represented by the
Benelux Economic Union, all transactions concern­                                       Article 2
ing the administration of the shares allocated to the
Benelux Economic Union may be carried out by any
one of its members,                                           1 . The Community tariff quotas referred to in
                                                              Article 1 shall be allocated in shares which shall
                                                              be, for each Member State, the amounts correspond­
                                                              ing to the quantities shown in column 5 of Annex A
                                                              against each category of products.
 HAS ADOPTED THIS REGULATION :
                                                              2 . The shares allocated to Denmark for certain
                                                              products falling within heading Nos 51.04 and ex
                         Article 1
                                                              59.04, and subheadings 56.05 A and 56.07 A shall
                                                              be increased by an amount determined by a footnote
                                                              to Annex A.
1 . From 1 January to 31 December 1975 the Com­
mon Customs Tariff duties and the tariff duties of
the new Member States on the products listed in               Article 1 (3 ) shall not apply to such an increase .
Annex A shall be completely suspended within the
framework of Community tariff quotas of volumes
which shall be expressed in metric tons and which                                       Article 3
shall be indicated in respect of each product in
column 3 of that Annex .
                                                               1 . The Member States shall ensure free access to the
                                                              shares which have been allocated to them for im­
Ireland is authorized to apply customs duties equal
to the duties it applies in respect of the same pro­          porters of the said goods who are established in
ducts vis-a-vis Member States other than the United           their territory.
Kingdom .
                                                              2 . The extent to which the shares of Member States
                                                              have been actually used up shall be determined on
2 . These tariff quotas shall 'be enjoyed solely by           the basis of imports of the said goods which have
products originating in the countries listed in Annex         been    entered   for  home use     and which    are    ac­
B. However, those imports which already enjoy                 companied by a certificate of origin in accordance
exemption from customs duties under other preferen­           with the rules referred to in Article 1 (2 ).
tial tariff arrangements granted by the Community
may not be charged against these tariff quotas . For
the purpose of this Regulation , the concept of ori­          3 . Goods shall qualify for a tariff quota only if the
ginating products shall be determined in accordance           certificate of origin referred to in paragraph 2 is
with the procedure laid down in Article 14 of Regu­           presented before the date on which the levying of
lation (EEC ) No 802/68 .                                     duties is re-introduced .
With regard to carpets, carpeting and rugs,
mentioned in Annex A and falling under subheading                                       Article 4
58.01 ex A, the certificates of origin for these
products shall state the number of knots per metre
of warp .                                                     The Commission shall take all necessary measures
                                                              to ensure that the maximum amount referred to in
                                                              Article 1 (3 ) is observed. When the charges, at Com­
3 . The amount to be dharged in respect of each               munity level, of products originating in each of the
country referred to in paragraph 2 against each of            countries listed in Annex B against any one of the
the tariff quota amounts mentioned above shall he             Community tariff quotas reach the maximum
limited to the maximum amount given as a per­                 amount laid down in column 4 of Annex A, the
centage or in metric tons in column 4 of Annex A              Commission shall immediately notify the Member
against each category of products .                           States of the date on which, as a result of this fact,
 ---pagebreak--- 9 . 12 . 74                        Official Journal of the European Communities                          No L 329 / 19
the normal tariff is to be re-introduced in respect of                                Article 6
the country in question. This notification shall be
published in the Official Journal of the European             Member States and the Commission shall cooperate
Communities .                                                 closely to ensure that the above Articles are observed.
                       Article 5
                                                                                      Article 7
Member States shall inform the Commission at reg­
ular intervals of imports of the products in question         This Regulation       shall    enter  into   force    on
 actually charged against their shares.                       1 January 1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 2 December 1974.
                                                                                    For the Council
                                                                                     The President
                                                                                J. SAUVAGNARGUES
 ---pagebreak--- No L 329/20                                    Official Journal of the European Communities                                      9 . 12 . 74
                                                                     ANNEX A
                 List of products subject to zero-duty Community tariff quotas under the generalized tariff
                                                  preferences granted to developing countries
                                                                                        Maximu n amount
             CCT                                                               Quota     per co untry
                                                                                                             Volume of shares allocated to
           heading                                                            amount in      (4
 Order                                      Description                        metric
                                                                                                             Member States in metric tons
   No         No
                                                                                tons
                                                                                                   metric
              (D                                  (2 )                           (3 )   %           tons                 (5 )
    1        51.01      Yarn of man-made fibres ( continuous),                  1 418   50            709  Germany                   382-86
                        not put up for retail sale :                                                       Benelux                   141-80
                                                                                                           France                    269-42
                        A. Yarn of synthetic textile fibres                                                Italy                     198-52
                                                                                                           Denmark                     99-26
                        B. Yarn of regenerated textile fibres :                                            Ireland                     14-18
                             II . Other                                                                    United Kingdom            311-96
                                                                                              i
    2        51.04      Woven fabrics of man-made ( fibres                        347   30            104  Germany                     93-69
                        (continuous), including woven fabrics of                                           Benelux                     34-70
                        monofil or strip of heading No 51.01 or                                            France                      65-93
                        51.02                                                                              Italy                       48-58
                                                                                                           Denmark ( x)                24-29
                                                                                                           Ireland                       3-47
                                                                                                           United Kingdom              76-34
     3        56.05     Yarn of man-made fibres (discontinuous                    575   20            115  Germany                    155-25
                        or waste), not put up for retail sale :                                            Benelux                     57-50
                                                                                                           France                     109-25
                        A. Of synthetic textile fibres                                                     Italy                       80-50
                                                                                                           Denmark (2 )                40-25
                                                                                                           Ireland                       5 -75
                                                                                                           United Kingdom             126-50
     4        56.07      Woven        fabrics    of    man-made      fibres       536   30             161 Germany                    144-72
                         ( discontinuous or waste) :                                                       Benelux                     53-60
                                                                                                           France                     101-84
                         A. Of synthetic textile fibres                                                    Italy                       75-04
                                                                                                           Denmark ( 3 )               37-52
                                                                                                           Ireland                       5-36
                                                                                                           United Kingdom             117-92
(*) Pursuant to Article 2 (2) this share is increased by 26-90 metric tons .
(2) Pursuant to Article 2 (2) this share is increased by 61-64 metric tons .
(3) Pursuant to Article 2 (2 ) this share is increased by 464-30 metric tons.
 ---pagebreak--- 9 . 12 . 74                                     Official Journal of the European Communities                                  No L 329/21
                                                                                       Maximum amount
              CCT                                                             Quota       per country
                                                                                                               Volume of shares allocated to
             heading                                                         amount in         (4)
   Order                                      Description                                                     Member States in metric tons
               No                                                             metric
     No
                                                                                tons
                                                                                                     metric
                (1)                                 (2)                          (3 )   %            tons                  ( 5)
                58.01     Carpets, carpeting and rugs, knotted
                          ( made up or not) :
                          ex A. Of wool or of fine animal hair,
                                   containing per metre of warp :
       5                          — At least 350 rows of knots                 2 835    20             567  Germany                    765-45
                                                                                                            Benelux                    283-50
                                                                                                            France                     538-65
                                                                                                            Italy                      396-90
                                                                                                            Denmark                    198-45
                                                                                                            Ireland                      28-35
                                                                                                            United Kingdom             623-70
       6                          — 350 to 500 rows of knots                   2 205    30             662  Germany                   595-35
                                                                                                            Benelux                    220-50
                                                                                                            France                     418-95
                                                                                                            Italy                      308-70
                                                                                                            Denmark                    154-35
                                                                                                            Ireland                      22-05
                                                                                                            United Kingdom             485-10
             ex 59.0      Twine cordage, ropes and cables, plaited
                          or not :
       7                  — Of hemp                                            2 520    30         ■   756  Germany                    680-40
                                                                                                            Benelux                    252-00
                                                                                                            France                     478-80
                                                                                                            Italy                      352-80
                                                                                                            Denmark                    176-40
                                                                                                            Ireland                      25-20
                                                                                                            United Kingdom             554-40
       8                  — Of sisal (agave sisalana )                            630   30             189   Germany                   170-10
                                                                                                            Benelux                      63-00
                                                                                                            France                     119-70
                                                                                                             Italy                       88-20
                                                                                                             Denmark ( l)                44-10
                                                                                                             Ireland                       6-30
                                                                                                             United Kingdom             138-60
       9                  — Of synthetic textile fibres                            607  30              182  Germany                    163-89
                                                                                                             Benelux                     60-70
                                                                                                             France                     115-33
                                                                                                             Italy                        84-98
                                                                                                             Denmark                     42-49
                                                                                                             Ireland                       6-07
                                                                                                             United Kingdom             133-54
      10                  — Other, other than coir fibres                          473   30             142  Germany                    127-71
                                                                                                             Benelux                      47-30
                                                                                                             France                       89-78
                                                                                                             Italy                        66-22
                                                                                                             Denmark                      33-11
                                                                                                             Ireland                       4-73
                                                                                                             United Kingdom             104-06
 ( x) Pursuant to Article 2 (2) this share is increased by 158 metric tons .
 ---pagebreak--- No L 329/22                          Official Journal of the European Communities                                  9 . 12 . 74
                                                                          Maximum    amount
                                                                 Quota      per cc untry
         CCT                                                    amount in                      Volume of shares allocated to
        heading                                                                 (4 )
Order                             Description                    metric                       Member States in metric tons
 No       No                                                       tons
                                                                                      metric
          (D                          (2)                           (3 )   %           tons                 (5 )
 11    ex 60.03  Stocking, under stockings, socks, ankle­            269   30             81 Germany                     72*63
                 socks , sockettes and the like , knitted or                                 Benelux                     26-90
                 crocheted , not elastic or rubberized :                                     France                      51-11
                                                                                             Italy                       37-66
                 — Other than of cotton                                                      Denmark                     18-83
                                                                                             Ireland                      2-69
                                                                                             United Kingdom              59-18
 12        60.04 Under garments , knitted or crocheted ,          1 733    20            347 Germany                   267-91
                 not elastic or rubberized :                                                 Benelux                   173-30
                                                                                             France                    329-27
                 B. Of other textile materials                                               Italy                     242-62
                                                                                             Denmark                   121-31
                                                                                             Ireland                     17-33
                                                                                             United Kingdom            381-26
 13        60.05  Outer     garments   and    other  articles ,      521   30            156  Germany                   140-67
                 knitted or crocheted , not elastic or rub­                                  Benelux                     52-10
                 berized :                                                                   France                      98-99
                                                                                             Italy                       72-94
                 A. Outer garments and clothing accesso­                                     Denmark                     36-47
                     ries :                                                                  Ireland                       5-21
                     ex II . Other                                                           United Kingdom            114-62
                 ex B. Other
 ---pagebreak--- 9 . 12. 74                         Official Journal of the European Communities                                No L 329 /23
                                                        ANNEX B
                    List of developing countries and territories enjoying generalized tariff preferences
Afghanistan                                India                                           Rwanda
Algeria                                    Indonesia                                       Saudi Arabia
Argentina                                  Iran                                            Senegal
Bahamas                                     Iraq                                           Sierra Leone
Bahrain                                    Ivory Coast                                     Singapore
Bangladesh                                 Jamaica                                         Somalia
Barbados                                   Jordan                                          Sri Lanka
Bhutan                                     Kenya                                           Sudan
Bolivia                                    Khmer Republic                                  Swaziland
Botswana                                   Korea (South)                                   Syria
Brazil                                     Kuwait                                          Tanzania
Burma                                      Laos                                            Thailand
Burundi                                    Lebanon                                         Togo
Cameroon                                   Lesotho                                         Tonga
Central African Republic                    Liberia                                        Trinidad and Tobago
Chad                                        Libya                                          Tunisia
Chile                                       Malagasy Republic                              Uganda
Colombia                                    Malawi                                         United Arab Emirates :
Congo, People's Republic of                 Malaysia                                            Abu Dhabi
Costa Rica                                  Maldive Islands                                     Dubai
Cuba                                        Mali                                                Ras al Khaimah
Cyprus                                      Mauritania                                          Fujairah
Dahomey                                     Mauritius                                            Ajman
Dominican Republic                          Mexico                                              Sharjah
Ecuador                                     Morocco                                             Ummal Qaiwain
Egypt, Arab Republic of                     Nauru                                          Upper Volta
 El Salvador
                                            Nepal                                           Uruguay
Equatorial Guinea                           Nicaragua                                       Venezuela
Ethiopia                                    Niger                                           Vietnam, Republic of
Fiji                                        Nigeria                                         Western Samoa
Gabon                                       Oman                                            Yemen, People's Democratic
Gambia                                      Pakistan                                        Republic of
Ghana                                       Panama
                                                                                            Yemen Arab Republic
Guatemala                                                                                   Yugoslavia
                                            Paraguay
Guinea                                                                                      Zaïre
                                            Peru
Guyana                                                                                      Zambia
                                            Philippines
Haiti
                                            Qatar
Honduras