CELEX: 31974R3057
Language: en
Date: 1974-12-02 00:00:00
Title: Regulation (EEC) No 3057/74 of the Council of 2 December 1974 opening, allocating and providing for the administration of a Community tariff quota for preserved pine-apples, other than in slices, half slices or spirals, originating in developing countries

No L 329 / 144                         Official Journal of the European Communities                               9 . 12. 74
                                    REGULATION (EEC) 3057/74 OF THE COUNCIL
                                                     of 2 December 1974
              opening, allocating and providing for the administration of a Community tariff quota
              for preserved pineapples, other than in slices, half slices or spirals, originating in
                                                     developing countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         imports of the products concerned could be effected
                                                                  without quantitative restrictions ; whereas it appears
                                                                  appropriate, however, in view of the sensitiveness of
Having regard to the Treaty establishing the Euro­                the preserved fruit and vegetable sector generally and
pean Economic Community, and in particular Ar­                    of the need to safeguard the interests of the asso­
ticle 43 thereof;                                                 ciated countries in this field, to lay down for pre­
                                                                  served pineapples, other than in slices, half slices or
                                                                  spirals special conditions consisting in a reduction
Having regard to the proposal from the Commission ;               of the customs duty applicable to that product
                                                                  within the limits of a Community tariff quota ;
Having regard to the Opinion of the European
Parliament ;                                                      Whereas the offer made by the Community includes
                                                                  a clause stating that the Community drew up the
                                                                  offer on the assumption that all the main industrial­
Whereas in the Joint Declaration of Intent (*) on                 ized countries which are members of the OECD
the development of trade relations with Sri Lanka,                would participate in granting preferences and would
India, Malaysia, Pakistan and Singapore, the Com­                 make similar efforts in this direction ; whereas, more­
munity declared its readiness to seek solutions to                over, it is evident from the conclusions worked out
the problems which may arise in the field of trade                in UNCTAD that this offer, while being of a tem­
with the countries referred to ;                                  porary nature, does not constitute a binding commit­
                                                                  ment and , in particular, may be withdrawn wholly
                                                                  or in part at a later date ; whereas this possibility
Whereas in respect of several Asian countries of the              may be adopted, inter alia, with a view to remedying
Commonwealth and particularly as regards Malaysia                 any unfavourable situations which might arise in
preserved pineapples are an important export product              the associated countries following the implemen­
and the flow of trade in such products is likely to be            tation of the generalized preference scheme ;
changed as a result of the enlargement of the Com­
munity ; whereas the system of generalized tariff                 Whereas tariff preferences have been applied as from
preferences may constitute a solution to the problems             the second half of 1971 and whereas it is expedient
of this nature and whereas certain forms of preserved             to continue to apply them throughout 1975 ;
pineapples should therefore be included in the system
of generalized preferences ;                                      Whereas it is expedient, therefore, that the Com­
                                                                  munity should open for 1975 in respect of the said
Whereas, within the context of UNCTAD , the Euro­                 products, originating in the countries and territories
pean Economic Community offered to grant tariff                   listed in the Annex, a Community tariff quota
preferences on certain processed agricultural prod­               limited to 20 000 metric tons and at a customs duty
ucts of Chapters 1 to 24 of the Common Customs                    of 12% , increased by the levy on sugar where the
Tariff originating in developing countries ; whereas              sugar content exceeds 17% by weight in the case of
the preferential treatment proposed in that offer con­            products falling within subheading ex 20.06 B II a)
sists, in respect of certain goods which are subject              5 aa), and 19% by weight in the case of products
to the trade arrangements laid down in Regulation                 falling within subheading ex 20.06 B II b) 5 aa );
(EEC) No 1059/69 , of a reduction in the fixed com­
ponent of the charge applicable to such goods by                  Whereas, in accordance with Protocol 23 to the
virtue of that Regulation, and, in respect of prod­               Act of Accession (2 ), the generalized tariff preference
ucts which are subject to the single customs duty, of             scheme will be fully applicable in the new Member
a reduction in such duty ; whereas preferential                   States from 1 January 1974 ;
i 1) OJ No L 73 , 27. 3 . 1972 , p. 195 .                         (2) OJ No L 73 , 27. 3 . 1972 , p. 14.
 ---pagebreak--- 9 . 12. 74                               Official Journal of the European Communities                         No L 329/ 145
Whereas, for the said products, this scheme would,                           Germany                          20-5%
however, involve the application in the new Member                           Benelux                           4-9%
States in 1975 of customs duties higher than or very
close to those which will be applied by the new                              France                            0-5%
Member States to non-member countries in general
on the basis of the provisions of the abovementioned                         Italy                             2-0%
Act; whereas this situation would comply neither                             Denmark                           1-9%
with the spirit nor with the very nature of the general­
ized preference scheme ; whereas, in order to main­                          Ireland                           1-0%
tain an equivalent preferential margin for these prod­
ucts also, reduced customs duties should be applied                          United Kingdom                   69·2%
to them, in accordance with detailed rules based on
the principle of maintaining, in the new Member                     Whereas, without affecting the Community nature of
States, a preference proportional to that which exists              the tariff quota under consideration, it appears poss­
between the duties of the Common Customs Tariff                     ible to provide temporarily for a utilization scheme
and the duties given in Article 1 to this Regulation ;              based on a single allocation among the Member
whereas, with a view to granting the beneficiary                    States ; whereas, moreover, the allocation set out by
developing countries the best possible treatment, in                this Regulation in no way prejudices the possibility
accordance with the objectives of the preference                    of adopting the general method of allocation of
scheme, the duties given in the abovementioned                      Community tariff quotas comprising the setting up
Article 1 should also be applied wherever the duties                of a reserve share; whereas at this transitional stage
calculated according to the abovementioned detailed                 it appears feasible that such allocation could be made
rules prove to be higher than them ;                                according to the percentage set out in the above
                                                                    table ;
                                                                    Whereas the percentage for the shares of the Member
Whereas the benefit of this tariff quota should be                  States in the Community tariff quotas, in view of
reserved for products originating in the countries                  their duration and their amount, does not appear in
and territories under consideration, the concept of                 this instance to compromise the equal access for
'originating products' being determined in accordance               Community importers to Community tariff quotas ;
with the procedure laid down in Article 14 of Coun­                 whereas for this same reason it would appear expedi­
cil Regulation (EEC) No 802/68 (*) of 27 June 1968                  ent to allow each Member State to choose the
on the common definition of the concept of the origin               system for administering its share;
of goods ;
                                                                    Whereas since the Kingdom of Belgium, the King­
                                                                    dom of the Netherlands and the Grand Duchy of
Whereas it is necessary to ensure equal and contin­                 Luxembourg are united in and represented by the
uous access for all Community importers to the                      Benelux Economic Union, all transactions concern­
 abovementioned quota and the uninterrupted appli­                  ing the administration of the share allocated to that
cation of the rate laid down for this quota to all                  Economic Union may be carried out by any one of
imports of the products concerned into all Member                   its members,
States until this quota is used up ; whereas having
regard to the principles set out above, the Com­
munity nature of the quota can be respected by
                                                                    HAS ADOPTED THIS REGULATION :
allocating the Community tariff quota among Mem­
ber States ; whereas, moreover, to this end and in
the context of the utilization system, the actual                                           Article 1
charges against the quota may relate only to products
which have been entered for home use and which
                                                                     1 . From 1 January to 31 December 1975 , a Com­
are accompanied by a certificate of origin ;                         munity tariff quota of 20 million metric tons shall
                                                                     be opened by the Community for the imports of
                                                                     preserved pineapples other than in slices, half slices
Whereas on the basis of the statistical data available               or spirals, falling under the following subheadings
which cover only a relatively brief period and                       of the Common Customs Tariff : ex 20.06 B II a) 5,
whereas they should be weighted on the basis of                      ex 20.06 B II b ) 5 , ex 20.06 B II c) 1 dd) and ex
the estimates which may be made for the quota year,                  20.06 B II c) 2. Within this tariff quota the customs
the percentage of the shares of the quota amount                     duty shall be suspended at 12% , increased by the
may be drawn up as follows :                                         levy on sugar where the sugar content exceeds 17%
                                                                     by weight in the case of products falling within sub­
                                                                     heading ex 20.06 B II a) 5 aa), and 19% by weight
                                                                     in the case of products falling within subheading ex
C 1) OJ No L 148 , 28 . 6. 1968 , p. 1 .                             20.06 B II b) 5 aa).
 ---pagebreak--- No L 329 / 146                       Official Journal of the European Communities                              9 . 12 . 74
 On importation into Denmark, Ireland and the United            by a certificate of origin in accordance with the rules
Kingdom, there shall be applied to the abovemen­                referred to in Article 1 (2).
tioned products the customs duty obtained by multi­
plying, by a coefficient equal to the margin of pre­            3 . Goods may qualify for a tariff quota only if the
ferences existing between the duty of 12% given in              certificate of origin referred to in paragraph 2 is
paragraph 1 and the Common Customs Tariff                       submitted before the date on which the levying of
 duties applicable, the duties obtained by reducing by           duties is re-introduced.
40% the difference between the lowest duty applied
on 1 January 1972 to the developing countries set
out in the Annex and the Common Customs Tariff.
                                                                                          Article 4
However, the duty of 12% given in the first subpara­
graph shall be applied when the customs duty                    Member States shall inform the Commission at
resulting from the abovementioned calculation is                monthly intervals of imports of the products in
higher than it.                                                 question actually charged against their shares. This
                                                                information shall cover both the value expressed in
2. The benefit of this tariff quota shall be reserved           units of account and quantity expressed in metric
for the products originating in the countries and               tons .
territories listed in the Annex. However, the imports
already benefiting from exemption customs duties
under another preferential tariff scheme granted by                                      Article 5
the Community shall not be charged to this quota .
                                                                If the Community should find that the products
For the purposes of implementing this Regulation                benefiting under the arrangements provided for in
the concept of originating products shall be deter­             Article 1 are being imported into the Community
mined in accordance with the procedure laid down                in quantities or at prices such as to put or be likely
in Article 14 of Regulation (EEC) No 802/68 .                   to put Community producers of similar or directly
                                                                competitive products at a serious disadvantage or to
                                                                create    an   unfavourable     situation in associated
                         Article 2                              countries, the customs duties applied within the
                                                                Community may be re-introduced in part or in full
The Community tariff quotas mentioned in Article 1              for imports of the products in question from the
shall be allocated in shares which in respect of each           country or countries or territory or territories which
Member State shall be of the amount indicated                   are the cause of such disadvantage. Such measures
                                                                may also be taken in the event of a serious disad­
below :
                                                                vantage, either actual or foreseeable, which is
                                                                confined to a single region of the Community.
        Germany                 4 100 metric  tons
        Benelux                   980 metric  tons
                                                                                         Article 6
        France                    100 metric  tons
        Italy                     400 metric  tons
                                                                1 . In order to ensure that Article 5 is applied, the
        Denmark                   380 metric  tons
                                                                Commission may, by way of a Regulation, re-intro­
                                                                duce Common Customs Tariff duties for a fixed
        Ireland                   200 metric  tons              period .
        United Kingdom        13 840 metric   tons
                                                                2. If the Commission has acted at the request of
                                                                a Member State, the former shall give its decision
                                                               within a maximum period of 10 working days from
                         Article 3                             the date of receipt of the request and shall inform
                                                               the Member State of the action taken .
1 . The Member States shall ensure free access to
each of the shares which have been allocated to them           3 . Each Member State may refer the measure taken
for importers of the products concerned who are                by the Commission to the Council within a period
established on their territory.                                of 10 working days following the date is was
                                                               notified . The fact that the matter has been referred
2 . The extent to which the shares of Member States            to the Council shall not constitute the suspension of
have been actually filled shall be determined on the           the measure. The Council shall meet without delay.
basis of imports of the said goods which have been             Acting on a qualified majority, it may amend or
entered for home use, and which are accompanied                 repeal the measure in question.
 ---pagebreak--- 9 . 12 . 74                      Official Journal of the European Communities                        No L 329/ 147
                      Article 7                             policy pursuant to Article 113 of the Treaty.
                                                                                   Article 8
The provisions of Articles 5 and 6 shall not preju­
dice the application of the protective clauses drawn        This Regulation shall enter into force on 1 January
up in connection with the common commercial                 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 329/148                        Official Journal of the European Communities                               9 . 12. 74
                                                        ANNEX
                   List of developing countries and territories enjoying generalized tariff preferences
                                             INDEPENDENT COUNTRIES
Afghanistan                               Honduras                                  Qatar
                                          India                                     Romania
Algeria
Argentina                                 Indonesia                                 Rwanda
Bahamas                                   Iran                                      Saudi Arabia
Bahrain                                   Iraq                                      Senegal
Bangladesh                                Ivory Coast                               Sierra Leone
Barbados                                  Jamaica                                   Singapore
Bhutan                                    Jordan                                    Somalia
Bolivia                                   Kenya                                     Sri Lanka
Botswana                                  Khmer Republic                            Sudan
Brazil                                    Korea (South)                             Swaziland
Burma                                     Kuwait                                    Syria
Burundi                                   Laos                                      Tanzania
Cameroon                                  Lebanon                                   Thailand
Central African Republic                  Lesotho                                   Togo
Chad                                      Liberia                                   Tonga
Chile                                     Libya                                     Trinidad and Tobago
Colombia                                  Malagasy Republic                         Tunisia
Congo, People's Republic of               Malawi                                    Uganda
Costa Rica                                Malaysia                                  United Arab Emirates :
Cuba                                      Maldive Islands                                Abu Dhabi
Cyprus                                    Mali                                            Dubai
Dahomey                                   Mauritania                                      Ras al Khaimah
Dominican Republic                        Mauritius                                       Fujairah
Ecuador                                   Mexico                                          Ajman
Egypt, Arab Republic of                   Morocco                                         Sharjah
El Salvador                               Nauru                                           Ummal Qaiwain
Equatorial Guinea                         Nepal                                     Upper Volta
Ethiopia                                  Nicaragua                                 Uruguay
Fiji                                      Niger                                     Venezuela
Gabon                                     Nigeria                                   Vietnam, Republic of
Gambia                                     Oman                                     Western Samoa
Ghana                                     Pakistan                                  Yemen, People's Democratic
Guatemala                                 Panama                                    Republic of
                                                                                    Yemen Arab Republic
Guinea                                    Paraguay
                                                                                    Yugoslavia
Guyana                                    Peru                                      Zaïre
Haiti                                     Philippines                               Zambia
 ---pagebreak--- 9 . 12. 74                                Official Journal of the European Communities                                             No L 329/149
                                                     COUNTRIES AND TERRITORIES
           dependent or administered, or for whose external relations Member States of the Community
                                        or third countries are wholly or partly responsible
           Afars and Issas (Territory of the)
           Angola (including Cabinda)
           Australian Antarctic Territory
           Belize
           Bermuda
           British Antarctic Territory
           British Indian Ocean Territory (Aldabra , Farquhar, Chagos Archipelago, Des Roches)
           British Pacific Ocean (*)
           Brunei
           Cape Verde Islands
           Cayman Islands and Dependencies
           Christmas Island
           Cocos (Keeling) Islands
           Comoro Archipelago
           Corn Islands and Swan Islands
           Falkland Islands and Dependencies
           French Polynesia
           French Southern and Antarctic Territories
           Gibraltar
           Heard Island and MacDonald Islands
           Hong Kong
           Leeward Islands (2)
           Macao
           Mozambique
           Netherlands Antilles
           New Caledonia and Dependencies
            Norfolk Islands
           Pacific Islands administered by the United States of America or under United States trusteeship (3)
           Papua-New Guinea
           Portuguese Guinea
            Portuguese Timor
            St Helena (including Ascension, Gough Island, and Tristan da Cunha)
            Saint Pierre and Miquelon
            Sao Tome and Principe
            Seychelles (including Amirantes)
            Sikkim
            Spanish territories in Africa
            Surinam
            Territories for which New Zealand is responsible (Cook Islands, Niuwe Island, Tokelau Islands
                  and Ross Dependency)
            Turks and Caocos Islands
            Virgin Islands of the United States (St Croix, St Thomas, St John, etc.)
            Wallis and Futuna Islands
            "Windward Islands (4)
            Note : The above lists may be amended subsequently to take account of changes in the inter­
                        national status of countries or territories .
             (*) Gilbert and Ellice Islands , British Solomon Islands, New Hebrides Condominium, and Pitcairn Islands .
             (l) Antigua, Montserrat, St Kitts-Nevis-Anguilla , British Virgin Islands .
             (3) The Pacific Islands administered by the United States of America include : Guam, American Samoa (including Swain 's
                 Island), Midway Islands , Johnston and Sand Islands , Wake Island and the Trust Territory of the Pacific Islands (the
                 Caroline, Marianas and Marshall Islands).
             (4) Dominica , Grenada, St Lucia , St Vincent.