CELEX: 31973R3578
Language: en
Date: 1973-12-28 00:00:00
Title: Regulation (EEC) No 3578/73 of the Council of 28 December 1973 opening tariff preferences for certain textile products originating in Yugoslavia

No L 359/42                       Official Journal of the European Communities                              28 . 12 . 73
                               REGULATION (EEC) No 3578/73 OF THE COUNCIL
                                                of 28 December 1973
                 opening tariff preferences for certain textile products originating in Yugoslavia
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                     whereas this possibility may be adopted inter alia
                                                               with a view to remedying any unfavourable
 Having regard to the Treaty establishing the                  situations which might arise in the associated
 European Economic Community,                                  countries following the implementation of the
                                                               generalized preference scheme;
 Having     regard   to    the   proposal    from    the
 Commission ;
                                                               Whereas, moreover, the Conference of Heads of
  Whereas    within  the  context     of UNCTAD      the       State or of Government of the Member States and
 European Economic Community offered to grant                  the States acceding to the European Communities
                                                               held in Paris from 19 to 21 October 1972 invited the
tariff preferences on finished and semi-finished
products originating in developing countries ;                 Community institutions and the Member States
whereas the preferential treatment proposed in that           progressively to adopt an overall policy of
offer covers, generally speaking, all finished and            development cooperation on a world-wide scale
semi-finished products falling within Chapters 25 to          comprising in particular the improvement of
99 of the Brussels Nomenclature and originating in            generalized preferences with the aim of achieving a
developing countries ;                                        steady increase in imports of manufactures from the
                                                              developing countries ;
Whereas, however, in respect of cotton textile
products covered by the Long-term Arrangement 0 )             Whereas, in accordance with Protocol No 23 to the
regarding International Trade in Cotton Textiles the           Act of Accession (2), the generalized tariff preference
offer made by the Community lays down that the                scheme will be applicable in the new Member States
preferences, in the form of duty-free ceilings, will be       from 1 January 1974 ;
granted to the countries benefiting from generalized
preferences which are signatories to the Long-term
Arrangement or possibly to those countries                    Whereas for the various categories of textile
benefiting from generalized preferences which                 products in question Council Regulation (EEC) No
undertake in respect of the Community                         3502/73 (3) of 18 December 1973 opening, allocating
commitments similar to those existing under that               and providing for the administration of Community
 Arrangement and for its duration ; whereas, having           tariff quotas for certain textile products originating
particular regard to the link which Article 6 of the          in developing countries and Council Regulation
Long-term Arrangement establishes between cotton               (EEC) No 3503 /73 (4 ) of 18 December 1973 opening
products and substitute products, it appears justified        tariff preferences in respect of certain textile
in these circumstances and by virtue of the fact that         products originating in developing countries put into
a total suspension of customs duties is involved to          effect the abovementioned offer for 1974 in favour
include in the same scheme as that described above            of    those   developing     countries  satisfying    the
those substitute textile products given in the                conditions outlined above and listed in Annex B to
conditional list of partial and limited reductions of        those Regulations ; whereas this measure has been
customs duties deposited with GATT by the                     taken on a transitional basis, the Commission
Community during the last series of tariff                   counting on the countries thus concerned to take
negotiations ;                                                measures ensuring that equivalent objectives were
                                                              respected, at least throughout 1974; whereas
Whereas the offer made by the Community includes             Yugoslavia for its part has entered into commitments
                                                             similar to those made under the Long-term
a clause stipulating that the Community drew up the
offer on the assumption that all the main                    Arrangement; whereas Yugoslavia should, therefore,
industrialized countries which are members of the            also be granted the benefit of tariff preferences for
OECD would participate in granting preferences and           the abovementioned textile products and also for
would make similar efforts in this direction ;                1974 ; whereas, in order not to affect the advantages
whereas, moreover, it is evident from the                    which the present beneficiaries enjoy for these
conclusions worked out in UNCTAD that this offer,            products, separate ceilings at zero duty should be
while being of a temporary nature, does not                  opened exclusively for products originating in
constitute a binding commitment and, in particular,
may be withdrawn wholly or in part at a later date ;         (2) OJ No L 73 , 27. 3 . 1972, p. 14.
                                                             (3) OJ No L 358, 28 . 12 . 1973 .
(») OJ No L 225, 12. 10. 1970, p. 29.                        (4 ) OJ No L 358, 28 . 12 . 1973 .
 ---pagebreak--- 28 . 12 . 73                           Official Journal of the European Communities                          No L 359 /43
Yugoslavia ; whereas each of these ceilings should                duties and the tariff duties of the new Member
under normal conditions be equal to the maximum                   States on the products listed in the Annex shall be
 amount fixed by Regulations ( EEC ) No 3502/73 and              totally suspended for Community ceilings up to the
 (EEC) No 3503 / 73 for corresponding products, with             volume in metric tons indicated in column 3 of the
 a lower limit of 10°/o and an upper limit of 100 "° /o           Annex in respect of each of those products .
of the quantities of the types of products in question
exported from Yugoslavia to the Community in 1968 ;
whereas these ceilings must be adjusted in order to               Ireland is authorized to apply quota duties equal to
take account of certain special cases where there are             the duties which it applies to imports of the same
no deliveries from Yugoslavia ; whereas these ceilings           products from Member States other than the United
must be adjusted, however, to take account inter alia             Kingdom .
of certain particular cases where there are no
deliveries from Yugoslavia ;
                                                                  2. The benefit of the suspension referred to in
                                                                  paragraph 1 is granted only for products originating
Whereas, therefore, in respect of each of the types of            in Yugoslavia. For the purposes of this Regulation
products listed in the Annex to this Regulation, the              the concept of originating products shall be
Community should until 31 December 1974 allow                     determined in accordance with the procedure laid
duty-free imports up to the Community ceilings                    down in Article 14 of Regulation (EEC) No 802/68 .
indicated opposite each of those classes ; whereas the
benefit of these tariff quotas should apply only to
products originating in Yugoslavia, and the concept
of originating products should be determined in
                                                                                           Article 2
accordance with the procedure laid down in Article
 14 of Council Regulation ( EEC) No 802/68 ( 1 ) of
27 June 1968 on the common definition of the                      As soon as the ceilings indicated in column 3 of he
 concept of the origin of goods ;                                 Annex have been reached at Community level , the
                                                                  normal duties may be reintroduced at any time on
                                                                  imports of products originating in Yugoslavia, until
Whereas, in the event, these objectives may be                    the end of the period specified in Article 1(1 ).
attained by a method of administration based on the
charging at Community level of imports of the
products in question against the abovementioned
ceilings as and when the products are entered for
home use and are accompanied by a certificate of
origin ; whereas this form of administration should                                        Article 3
make it possible to reintroduce duties as soon as the
ceilings have been reached at Community level ;                   1.    Imports of the products in question shall be
                                                                  actually charged against the Community ceilings as
 Whereas this form of administration requires close               and when the products are entered for home use
and particularly rapid collaboration between the                  and are accompanied by a certificate of origin
 Member States and the Commission, and the                        pursuant to the rules laid down in Article 1 (2).
 Commission must in particular be able to follow the
 extent to which charges are made in respect of the               2.    Goods may be charged against a ceiling only if
 ceilings and inform the Member States thereof;
                                                                  the certificate of origin referred to in paragraph 1 is
 whereas this collaboration must be sufficiently close            submitted before the date on which the levying of
 for the Commission to be able to take adequate                   duties is reintroduced .
 measures to reintroduce the normal duties,
                                                                  3.    The extent to which the ceilings have actually
                                                                  been filled shall be determined at Community level
                                                                  on the basis of imports charged in accordance with
                                                                  paragraphs 1 and 2.
 HAS ADOPTED THIS REGULATION :
                          Article 1
                                                                                           Article 4
 1.    From 1 January to 31 December 1974, subject
 to Articles 2 and 4 (2), the Common Customs Tariff                1.   The Commission, in close collaboration with
                                                                  the Member States, shall take all necessary measures
 (») OJ No L 148, 28 . 6. 1968, p. 1 .                            to ensure that the above provisions are applied.
 ---pagebreak--- No L 359 /44                      Official Journal of the European Communities                          28 . 12 . 73
2.    The Commission shall, by means of a                    against the Community ceilings provided for in
Regulation, reintroduce the levying of normal duties         Article 1 ( 1 ).
in respect of Yugoslavia, in accordance with Article 2 .
                       Article 5                                                       Article 6
The Member States shall regularly inform the                 This Regulation shall enter into force on 1 January
Commission of imports which are actually charged             1974.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 28 December 1973 .
                                                                              For the Council
                                                                               The President
                                                                              Ove GULDBERG
 ---pagebreak--- 28 . 12 . 73                     Official Journal of the European Communities                             No L 359/45
                                                          ANNEX
             List of the products originating in Yugoslavia which are covered by generalized tariff
                                        preferences for certain textile products
                                                                                                              Community
                     CCT                                                                                         ceiling
   Order No       heading No                                     Description                               ( in metric tons)
                       1                                             (2)                                           (3)
        1           54.05      Woven fabrics of flax or yarn                                                        36
        2           55.05      Cotton yarn, not put up for retail sale:
                               A. Multiple or cabled, finished, in balls or on cards, reels, tubes or
                                  similar supports, of a weight (including support) not exceeding 900 g             15
        3                      B. Other:
                                   I. Measuring, per single yarn, 120 000 m or more per kg                          12
        4          55.06       Cotton yarn, put up for retail sale                                                     3-5
        5          55.07       Cotton gauze                                                                            4-5
        6          55.08       Terry towelling and similar terry fabrics, of cotton                                 12
        7          55.09       Other woven fabrics of cotton :
                               B. Other                                                                             90
        8          58.04       Woven pile fabrics and chenille fabrics (other than terry towelling or
                               similar terry fabrics of cotton falling within heading No 55.08 and
                              fabrics falling within heading No 58.05)                                              80
       9           58.10                                                                                            28
                               Embroidery, in the piece, in strips or in motifs
      10           60.01                                                                                            15
                              Knitted or crocheted fabric, not elastic or rubberized :
                              B. Of man-made fibres
                              C. Of other textile materials
      11        ex 60.02      Gloves, mittens and mitts, knitted or crocheted, not elastic or rubberized,
                              of cotton                                                                             15
      12           60.05      Outer garments and other articles, knitted or crocheted, not elastic or
                              rubberized                                                                            45
                                  A. Outer garments and clothing accessories:
                                      ex II. Other, of cotton
                              ex B. Other, of cotton
                   60.06      Knitted or crocheted fabric and articles thereof, elastic or rubberized
                              (including elastic knee-caps and elastic stockings):
                              A. Fabric:
      13                          — In cotton fabric                                                                  4-5
      14                          — Other                                                                             4-5
                   61.03     Men's and boys' under garments, including collars, shirt fronts and cuffs:
     15                      — In cotton fabric
                             — Other                                                                                83
 ---pagebreak--- No L 359/46                Official Journal of the European Communities                      28 . 12 . 73
                                                                                           Community
                 CCT                                                                          ceiling
  Order No                                                 Description
              heading No                                                                ( in metric tons)
                   1                                            2                                 3
     16     ex 61.04     Women's, girls' and infants' under garments, of cotton                  51
     17        61.05     Handkerchiefs                                                           28
     18        62.01     Travelling rugs and blankets:
                         B. Other :
                             I. Of Cotton                                                        15
     19        62.03     Sacks and bags, of a kind used for the packing of goods :               81
                         B. Of other textile materials:
                                 I. Used :
                                    ex ( b ) Other:
                                             — In cotton fabric
                            ex II . Other :
                                    — In cotton fabric
    20         62.04     Tarpaulins, sails, awnings, sunblinds, tents and camping goods          90