CELEX: 31973R3505
Language: en
Date: 1973-12-18 00:00:00
Title: Regulation (EEC) No 3505/73 of the Council of 18 December 1973 opening preferential tariffs for certain textile products and footwear originating in developing countries

No L 358/84                         Official Journal of the European Communities                               28 . 12. 73
                              REGULATION (EEC) No 3505/73 OF THE COUNCIL
                                                 of 18 December 1973
               opening preferential tariffs for certain textile products and footwear originating in
                                                 developing countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                       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 industri­
Having regard to the Treaty establishing the Euro­              alized countries which are members of the OECD
pean Economic Community ;                                       would participate in granting preferences and would
                                                                make similar efforts in this direction ; whereas, more­
 Having regard to the proposal from the Commission;             over, it is evident from the conclusions worked out in
                                                                UNCTAD that this offer, while being of a temporary
                                                                nature, does not constitute a binding commitment
Having regard to the Opinion of the European Par­              and, in particular, may be withdrawn wholly or in
liament ;                                                      part at a later date ; whereas this possibility may be
                                                               adopted inter alia with a view to remedying any
Whereas, within the context of UNCTAD, the Euro­               unfavourable situations which might arise in the
pean Economic Community offered to grant tariff                associated countries following the implementation of
preferences on finished and semi-finished products             the generalized preference scheme;
coming from developing countries ; whereas the pre­
ferential treatment proposed in that offer covers,
generally speaking, all finished and semi-finished             Whereas, moreover, the Conference of Heads of State
industrial products covered by Chapters 25 to 99               or of Government of the Member States and the
of the Brussels Nomenclature which originate in                States acceding to the European Communities held
developing countries ; whereas the preference consists         in Paris from 19 to 21 October 1972 invited the
in the granting of exemption from customs duties ;             Community institutions and the Member States to
whereas preferential imports are effected up to the            adopt an overall policy of development cooperation
level of ceilings calculated by value in respect of each       on a worldwide scale comprising in particular the
product on the basis of factors which are uniform              improvement of generalized preferences with the aim
for all the products, whereas, in order that the pref­         of achieving a steady increase in imports of manu­
erences granted to the most competitive developing             factures from the developing countries ;
country or countries should be restricted and that a
substantial share should be reserved for the least
competitive, preferential imports from any one de­             Whereas tariff preferences have been applied from
veloping country in respect of a given product should          the second half of 1971 under the conditions set out
not, as a general rule, exceed 50% of the ceiling              above and whereas these preferences should continue
fixed for that product;                                        to be applied throughout 1974 ;
Whereas, in the offer made by the Community, the               Whereas, in accordance with Protocol No 23 to the
annual ceilings should normally be calculated on the           Act of Accession ( x), the generalized tariff preference
basis of the total value for 1968 of cif imports from          scheme will be applicable in the new Member States
the countries benefiting from this scheme, excluding           from 1 January 1974;
those already enjoying various preferential tariff
arrangements granted by the Community, (basic
amount) plus 5% of the value of cif imports from the          Whereas, having regard to the terms of the offer
other countries and from the countries already                 concerned and to the need to improve the generalized
enjoying such arrangements ( additional amount);              preferences, the abovementioned basic and additional
whereas such additional amount is variable and is              amounts should normally refer to 1971 ; whereas,
calculated each year on the basis of the latest figures         however, in respect of textile products, the complexity
available, provided that this entails no reduction in          of the measures to be implemented, combined with
the ceiling; whereas, however, in view of the special          the abovementioned aim of improving the generalized
nature of the trade in textile products falling within         preferences can be overcome normally only be means
Chapters 50 to 63 of the Common Customs Tariff
which are referred to in this Regulation, it is expedi­
ent to calculate the ceilings concerned in terms of
metric tons ;                                                  i1) OJ No L 73 , 27. 3 . 1972 , p. 14.
 ---pagebreak--- 28 . 12. 73                             Official Journal of the European Communities                            No L 358/ 85
 of a flat-rate increase of some 50% in the ceilings                Annex A shall, subject to Article 2 and Article 4 (2),
fixed for 1973, the calculations for the additional               be totally suspended.
amount of the ceilings having already been made on
the basis of 1970 figures ;                                        Ireland is authorized to apply customs duties equal
                                                                   to the duties it applies in respect of the same products
Whereas it is expedient, therefore, in respect of the              vis-a-vis Member States other than the United King­
products referred to in Annex A which originate in                 dom .
 the countries listed in Annex B, that the Community
should allow, for each category of these products and
throughout 1974, duty-free imports within the limits
of the Community ceilings calculated in the manner                 2. This suspension shall be enjoyed solely by pro­
set out above; whereas the benefit of such tariff                  ducts originating in the countries listed in Annex B.
 exemption should be reserved for products originating             However, those imports which already enjoy exemp­
 in the countries under consideration, the con­                    tion from customs duties under other preferential
 cept of 'originating products' being determined in                tariff arrangements granted by the Community shall
 accordance with the procedure laid down in Article                not be charged against the ceilings specified in para­
 14 of Council Regulation (EEC) No 802/68 (*) of                   graph 3 . For the purposes of this Regulation, the
27 June 1968 on the common definition of the                       concept of originating products shall be determined
concept of the origin of goods ; whereas charges                  in accordance with the procedure laid down in Article
against each of these ceilings must, as a general rule,            14 of Regulation (EEC) No 802/68 .
come within a maximum Community amount of 50%
in respect of the products originating in any of the              With regard to carpets, carpeting and rugs, mentioned
abovementioned countries ;                                        in Annex A and falling under heading No 58.01 ex A,
                                                                  the certificates of origin for these products shall state
Whereas, under these circumstances, these objectives              the number of knots per metre of warp.
may be reached by applying a method of adminis­
 tration based on the charging, at Community level,
against the abovementioned ceilings and maximum                   3 . Subject to the provisions of Article 2 and Article 4
amounts, of imports of the products concerned as                  (2) this suspension shall be granted within a Com­
and when these products are entered for home use,                 munity ceiling:
and are accompanied by a certificate of origin;
whereas this method of administration must make
provision for the reintroduction of customs duties as             — expressed in units of account, which shall be
soon as the said ceilings or maximum amounts are                       equal to the amount obtained by adding together,
reached at Community level ;                                           on the one hand, the imports of each of the pro­
                                                                       ducts of Chapter 64, listed in Annex A, to the
                                                                       Community in 1971 from the countries listed in
Whereas such method of administration calls for
                                                                       Annex B, excluding those already enjoying
very close and particularly rapid cooperation between                  various preferential tariff arrangements granted
Member States and the Commission, which must, in                       by the Community, and, on the other hand, 5% of
particular, be able to observe the extent to which                      the value of imports in 1971 from other countries
charges are made against the ceilings and maximum                      and from countries already enjoying such arrange­
amounts and inform Member States thereof; whereas                      ments .
such cooperation should be particularly close in view
of the need for the Commission to be able to take
appropriate measures to reintroduce customs duties                — expressed in metric tons, which shall be equal to
either generally or individually, when any of the cei­                 150% of the amount obtained by adding together,
lings or maximum amounts is reached,                                   on the one hand, the imports of each of the
                                                                       textile products of Chapters 50 to 63, listed in
                                                                       Annex A, to the Community in 1968 from the
                                                                       countries listed in Annex B, excluding those
                                                                       already enjoying various preferential tariff arran­
HAS ADOPTED THIS REGULATION :                                          gements granted by the Community, and, on the
                                                                       other hand, 5% of the tonnage of imports in 1970
                                                                       from other countries and from countries already
                          Article 1
                                                                       enjoying such arrangements.
1 . From 1 January to 31 December 1974 the Com­
mon Customs Tariff duties and the tariff duties of                4. Subject to Article 2 and Article 4 (2), within each
the new Member States on the products listed in                   ceiling thus calculated, charges of products orig-i
                                                                  inating in any one of the countries listed in Annex B
                                                                  should not exceed a Community maximum amount
(*) OJ No L 148 , 28 . 6. 1968 , p. 1 .                           equivalent to 50% of this ceiling.
 ---pagebreak--- No L 3.58/ 86                          Official Journal of the European Communities                             28 . 12 . 73
5 . Any amendment to Annex B, in particular by the                2. Goods may be charged against a ceiling or maxi­
addition of new countries enjoying tariff preferences             mum amount only if the certificate of origin referred
may entail a corresponding adjustment to the Com­                 to above is presented before the date on which the
munity ceilings and the maximum amounts referred                  levying of duties is reintroduced .
to in paragraphs 3 and 4.
                                                                  3 . The extent to which the ceilings and maximum
                                                                  amounts have been actually filled shall be determined
                          Article 2                               at Community level on the basis of the imports
                                                                  charged in accordance with paragraphs 1 and 2.
1 . As soon as the ceilings calculated in accordance
with the first subparagraph of Article 1 (3 ), which
are laid down for Community imports of products
originating in all of the countries referred to in                                           Article 4
Article 1 (2), are reached at Community level, the
levying of customs duties on imports of the products
in question from all the countries concerned may                  1 . The Commission, in close cooperation with the
be reintroduced until the end of the period referred              Member States, shall take all necessary measures to
to in the first subparagraph of Article 1 ( 1 ).                  ensure that the above provisions are applied.
2 . As soon as the maximum amounts calculated in                  2. The Commission shall reintroduce the levying of
accordance with Article 1 (4), which are laid down                customs duties in respect of all the countries referred
for Community imports of products originating in                  to in Article 1 (2) or in respect of any one of them
each of the countries referred to in Article 1 (2), are           by means of a Regulation in the conditions laid down
reached for any one of these countries at Community               in Article 2 ( 1 ) and (2).
level, the levying of the customs duties on imports
of the products in question from the country con­
cerned may at any time be reintroduced until the end                                         Article 5
of the period referred to in the first subparagraph of
Article 1 ( 1 ).
                                                                  Member States shall inform           the Commission      at
                          Article 3                               regular intervals of imports of the products in ques­
                                                                  tion actually charged against the Community ceiling
                                                                  and maximum amounts laid down in Article 1 (3 )
 1 . Imports of the products in question shall be                 and (4).
 actually charged against the Community ceilings and
 maximum amounts as and when the products are
 entered for home use, and, except for the textile
 products of Chapters 50 to 63 referred to in Annex A,                                       Article 6
 on the basis of the customs value of these products,
 and provided that they are accompanied by a cer­
 tificate of origin pursuant to the rules laid down in            This Regulation shall enter into force on 1 January
 Article 1 (2).                                                    1974 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 18 December 1973 .
                                                                                         For the Council
                                                                                           The President
                                                                                          I. N0RGAARD
 ---pagebreak--- 28 . 12. 73                              Official Journal of the European Communities                                                   No L 358/87
                                                                  ANNEX A
            List of products originating in developing countries to which the generalized tariff preferences
                                    for certain textile products and footwear will apply (a)
                              CCT
             Order
            " No
                            heading                                                Description
                               No
                        CHAPTER 50
                 1           50.04              Silk yarn , other than yarn of noil or other waste silk, not put up for
                                                retail sale
                 2           50.05              Yarn spun from silk waste other than noil, not put up for retail sale
                 3           50.06              Yarn spun from noil silk, not put up for retail sale
                 4           50.07              Silk yarn and yarn spun from noil or other waste silk, put up for retail
                                                sale
                 5           50.08              Silk-worm gut ; imitation catgut of silk
                 6           50.09              Woven fabrics of silk or of waste silk other than noil
                 7           50.10              Woven fabrics of noil silk
                        CHAPTER 51
                 8           51.02              Monofil , strip (artificial straw and the like) and imitation catgut, of
                                                man-made fibre materials
                 9           51.03              Yarn of man-made fibres (continuous), put up for retail sale
                10      CHAPTER 52              METALLIZED TEXTILES
                        CHAPTER 53
                11           53.06              Yarn of carded sheep's or lambs' wool (woollen yarn), not put up
                                                for retail sale
                12           53.07              Yarn of combed sheep's or lambs' wool (worsted yarn),, not put up
                                                for retail sale
                13           53.08              Yarn of fine animal hair (carded or combed), not put up for retail
                                                sale
            (a ) Products qualifying, under the ordinary arrangements for exemption or total temporary suspension of the Common
                 Customs Tariff duty are only token entries as regards the Member States of the Community as originally constituted,
                 whereas the exemption or suspension is directly and fully applicable by the new Member States under the present
                 arrangements , except for Ireland, which is authorized to apply customs duties equal to the duties it applies in respect
                 of the same products vis-a-vis Member States other than the United Kingdom .
 ---pagebreak--- No L 358/88                               Official Journal of the European Communities                                            28 . 12 . 73
                                 CCT
             Order
               No              heading                                         Description
                                  No
               14               53.09          Yarn of horsehair or of other coarse animal hair, not put up for retail
                                               sale
                15              53.10          Yarn of sheep's or lambs' wool , of horsehair or of other animal hair
                                                (fine or coarse), put up for retail sale
                16              53.11          Woven fabrics of sheep's or lambs' wool or of fine animal hair
                17              53.12          Woven fabrics of coarse animal hair other than horsehair
                18              53.13          Woven fabrics of horsehair
                         CHAPTER 54
                19              54.03           Flax or ramie yarn, not put up for retail sale
               20               54.04          Flax or ramie yarn, put up for retail sale
                          CHAPTER 56
                21              56.01           Man-made fibres (discontinuous), not carded , combed or otherwise
                                                prepared for spinning (1)
                22              56.02           Continuous filament tow for the manufacture of man-made fibres
                                                ( discontinuous) i1)
                23              56.03           Waste (including yarn waste and pulled or garnetted rags) of man­
                                                made fibres (continuous or discontinuous), not carded, combed or
                                                otherwise prepared for spinning i1)
                24              56.04           Man-made fibres (discontinuous or waste), carded, combed or other­
                                                wise prepared for spinning
                25              56.06           Yarn of man-made fibres (discontinuous or waste), put up for retail
                                                sale
                          CHAPTER 57
                26              57.05           Yarn of true hemp
                27              57.07           Yarn of other vegetable textile fibres :
                                                B. Other
                28             57.08            Paper yarn
                29              57.09           Woven fabrics of true hemp
                30          ex 57.11            Woven fabrics of other vegetable textile fibres, excluding those of coir
                31              57.12           Woven fabrics of paper yarn
            f1) for products falling within this heading, the maximum Community amount referred to in Article 1 (4) of this Regu­
                 lation is reduced to 30% .
 ---pagebreak--- 28 . 12. 73                 Official Journal of the European Communities                                 No L 358/89
                      CCT
            Order
             No     heading                                     Description
                       No
                  CHAPTER 58
                     58.01      Carpets, carpeting and rugs, knotted (made up or not) :
             32                 ex A. Of more than 500 knots
             33                      B. Of silk, or waste silk other than noil, of synthetic textiles
                                         fibres, of yarn falling within heading No 52.01 or of metal
                                         threads
             34                 ex C. Of other textile materials other than jute or other textile bast
                                         fibres of heading No 57.03 or coir
                     58.02       Other Carpets, carpeting, rugs, mats and matting, and 'Kelem',
                                'Schumacks' and 'Karamanie' rugs and the like (made up or not)
             35                 ex A. Carpets other than of jute or other textile bast fibres of heading
                                         No 57.03 or coir
             36                       B. 'Kelem', 'Schumacks' and ' Karamanie' rugs and the like
             37      58.03      Tapestries, hand-made, of the type Gobelins, Flanders, Aubusson,
                                Beauvais and the like, and needle-worked tapestries (for example,
                                petit point and cross stitch) made in panels and the like by hand
             38      58.05      Narrow woven fabrics, and narrow fabrics (bolduc) consisting of
                                 warp without weft assembled by means of an adhesive, other than
                                goods falling within heading No 58.06
             39      58.06      Woven labels, badges and the like, not embroidered, in the piece, in
                                 strips or cut to shape or size
             40      58.07       Chenille yarn (including flock chenille yarn), gimped yarn (other than
                                 metallized yarn of heading No 52.01 and gimped horsehair yarn);
                                 braids and ornamental trimmings in the piece ; tassels pompons and
                                the like
             41      58.08       Tulle and other net fabrics (but not including woven, knitted or cro­
                                 cheted fabrics) plain
             42      58.09       Tulle and other net fabrics (but not including woven, knitted or
                                 crocheted fabrics), figured ; hand or mechanically made lace, in the
                                 piece, in strips or in motifs
                  CHAPTER 59
             43      59.01       "Wadding and articles of wadding ; textile flock and dust and mill neps
             44      59.02       Felt and articles of felt, whether or not impregnated or coated
             45      59.03       Bonded fibre fabrics, similar bonded yarn fabrics, and articles of such
                                 fabrics, whether or not impregnated or coated
             46      59.05        Nets and netting made of twine, cordage or rope and made up
                                  fishing nets of yarn, twine, cordage or rope
             47      59.06        Other articles made from yarn, twine, cordage, rope or cables other
                                 than textile fabrics and articles made from such fabrics
 ---pagebreak--- No L 358/90                   Official Journal of the European Communities                                    28 . 12. 73
                        CCT
            Order
             No       heading                                    Description
                        No
             48       59.07       Textile fabrics coated with gum or amylaceous substances of a kind
                                  used for the outer covers of books and the like ; tracing cloth ; prepared
                                  painting canvas ; buckram and similar fabrics for hat foundations
                                  and similar uses
             49       59.08       Textile fabrics impregnated, coated, covered or laminated with pre­
                                  parations of cellulose derivatives or of other artificial plastic materials
             50       59.09       Textile fabrics coated or impregnated with oil or preparations with
                                  a basis of drying oil
             51       59.10       Linoleum and materials prepared on a textile base in a similar manner
                                  to linoleum, whether or not cut to shape or of a kind used as floor
                                  coverings ; floor coverings consisting of a coating applied on a textile
                                  base, cut to shape or not
             52       59.11       Rubberized textile fabrics , other than rubberized knitted or crocheted
                                  goods
             53       59.12       Textile fabrics otherwise impregnated or coated ; painting canvas
                                  being theatrical scenery, studio back-cloths or the like
             54       59.13       Elastic fabrics and trimmings (other than knitted or crocheted goods)
                                  consisting of textile materials combined with rubber threads
             55       59.14       Wicks, of woven, plaited or knitted textile materials , for lamps,
                                  stoves, lighters, candles and the like, tubular knitted gas-mantle fabric
                                  and incandescent gas mantles
             56       59.15       Textile hosepiping and similar tubing, with or without lining,
                                  armour or accessories of other materials
             57       59.16       Transmission, conveyor or elevator belts or belting, of textile material ,
                                  whether or not strengthened with metal or other material
             58       59.17       Textile fabrics and textile articles , of a kind commonly used in machi­
                                  nery or plant
                  CHAPTER 60
             59       60.01       Knitted or crocheted fabrics , not elastic or rubberized
                                  A. Of wool or of fine animal hair
             60    ex 60.02       Gloves , mittens and mitts , knitted or crocheted, not elastic or rub­
                                  berized , other than of cotton
             61       60.05       Outer garments and other articles , knitted or crocheted , not elastic
                                  or rubberized :
                                  A. Outer garments and clothing accessories :
                                      1 . Jerseys and pullovers , containing at least 50% by weight of
                                          wool and weighing 600 g or more per article
 ---pagebreak--- 28 . 12. 73                  Official Journail of the European Communities                                  No L 358/91
                       CCT
            Order
             No
                     heading                                    Description
                        No
             62       60.06      Knitted or crocheted fabric and articles thereof, elastic or rubberized
                                 (including elastic knee-caps and elastic stockings) :
                                 B. Other
                  CHAPTER 61
             63    ex 61.04      Women's girls' and infants' under garments , other than of cotton
             64       61.06      Shawls , scarves , mufflers , mantillas , veils and the like
             65       61.07      Ties , bow ties and cravats
             66       61.08      Collars , tuckers, fallals, bodice-fronts, jabots, cuffs, flounces, yokes
                                 and similar accessories and trimmings of women's and girls' garments
             67      61.09        Corsets, corset-belts, suspender-belts, brassieres, braces , suspenders ,
                                 garters and the like (including such articles of knitted or crocheted
                                 fabric), whether or not elastic
             68       61.10       Gloves, mittens, mitts, stockings, socks and sockettes , not being knit­
                                 ted or crocheted goods
             69       61.11       Made up accessories for articles of apparel (for example, dress
                                 shields, shoulder and other pads, belts, muffs , sleeve protectors,
                                 pockets)
                  CHAPTER 62
             70       62.01       Travelling rugs and blankets :
                                  A. Electrically heated
                                  B. Other :
                                      II. Of other textile materials
             71       62.03       Sacks and bags , of a kind used for the packing of goods
                                  B. Of other textile materials :
                                       I. Used
                                          a) Flax or of sisal
                                          ex b) Other (excluding coir or cotton fibres)
             72    ex 62.05       Other made up textile articles (including dress patterns), other than
                                  of jute* other than textile bast fibres of heading 57.03 or coir
 ---pagebreak--- No L 358/92                  Official Journal of the European Communities                                  28 . 12. 73
                       CCT
            Order
             No      heading                                    Description
                        No
                  CHAPTER 63
             73     ex 63.01     Clothing, clothing accessories, travelling rugs and blankets, household
                                 linen and furnishing articles (other than articles falling within heading
                                 No 58.01 , 58.02 or 58.03), of textile materials, footwear and headgear
                                 of any material, showing signs of appreciable wear and imported
                                 in bulk or in bales, sacks or similar bulk packings other than of jute
                                 other than textile bast fibres of heading 57.03 or coir
                  CHAPTER 64
             74       64.03      Footwear with outer soles of wood or cork
             75      64.04       Footwear with outer soles of other materials
             76      64.05       Parts of footwear (including uppers, in -soles and screw-on heels) of
                                 any material except metal
             77      64.06       Gaiters, spats, leggings, puttees, cricket pads, shin-guards and similar
                                 articles, and parts thereof
 ---pagebreak--- 28 . 12. 73                        Official Journal of the European Communities                            No L 358/93
                                                      ANNEX B
                   List of developing countries and territories enjoying generalized tariff preferences
                                             INDEPENDENT COUNTRIES
Afghanistan                              Honduras                                   Qatar
Algeria                                  India                                      Rwanda
Argentina                                Indonesia                                  Saudi Arabia
Bahamas                                  Iran                                       Senegal
Bahrain                                  Iraq                                       Sierra Leone
Bangladesh                               Ivory Coast                                Singapore
Barbados                                 Jamaica                                    Somalia
Bhutan                                   Jordan                                     Sri Lanka
Bolivia                                  Kenya                                      Sudan
Botswana                                 Khmer Republic                             Swaziland
Brazil                                   Korea (South)                              Syria
Burma                                    Kuwait                                     Tanzania
Burundi                                  Laos                                       Thailand
Cameroon                                 Lebanon                                    Togo
Central African Republic                 Lesotho                                    Tonga
Chad                                     Liberia                                    Trinidad and Tobago
Chile                                    Libya                                      Tunisia
Colombia                                 Malagasy Republic                          Uganda
Congo, People's Republic of              Malawi                                     United Arab Emirates :
Costa Rica                               Malaysia                                        Abu Dhabi
Cuba                                     Maldive Islands                                 Dubai
                                         Mali                                            Ras al Khaimah
Cyprus
Dahomey                                  Mauritania                                      Fujairah
Dominican Republic                       Mauritius                                       Ajman
Ecuador                                  Mexico                                          Sharjah
Egypt, Arab Republic of                  Morocco                                         Ummal Qaiwain
El Salvador                              Nauru                                      Upper Volta
Equatorial Guinea                        Nepal                                      Uruguay
Ethiopia                                 Nicaragua                                  Venezuela
Fiji                                     Niger                                      Vietnam, Republic of
Gabon                                    Nigeria                                    Western Samoa
Gambia                                   Oman                                       Yemen, People's Democratic
Ghana                                    Pakistan                                   Republic of
Guatemala                                Panama                                     Yemen Arab Republic
Guinea                                   Paraguay                                   Yugoslavia
Guyana                                    Peru                                      Zaire
Haiti                                    Philippines                                Zambia