CELEX: 31975R3002
Language: en
Date: 1975-11-17 00:00:00
Title: Regulation (EEC) No 3002/75 of the Council of 17 November 1975 opening preferential tariffs for certain cotton textile and like products originating in developing countries

29 . 11.75                              Official Journal of the European Communities                                      9
                               REGULATION (EEC) No 3002/75 OF THE COUNCIL
                                                     of 17 November 1975
              opening preferential tariffs for certain cotton textile and like products originating in
                                                      developing countries
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           ordinarily calculated according to the formula set out
                                                                    in the preceding recital, will be granted to the
Having regard to the Treaty establishing the Euro­                  countries enjoying generalized preferences which are
 pean Economic Community;                                           signatories to the long-term arrangement or possibly
                                                                    to those countries which undertake vis-a-vis the
                                                                    Community commitments similar to those existing
Having regard to the proposal from the Commission ;                 under that arrangement and for the duration of the
                                                                    said arrangement; whereas the arrangement expired
Having regard to the Opinion of the European                        on 30 September 1973 and was extended to
Parliament (x );                                                    31 December 1973 ; whereas, as in 1974 and 1975
                                                                    and on a transitional basis, it may be anticipated
Whereas, within the context of UNCTAD, the Euro­                    that the countries concerned thereby will, for 1976,
pean Economic Community offered to grant tariff                     adopt measures with equivalent aims, pending
preferences on finished and semi-finished products                  application of the arrangement regarding inter­
coming from developing countries ; whereas the pre­                 national trade in textiles (2); whereas it is apparent
ferential treatment proposed in that offer covers,                  that only imports from these countries are to form
generally speaking, all finished and semi-finished in­              the basis for calculating the abovementioned
dustrial products covered by Chapters 25 to 99 of                   ceilings ; whereas, with particular regard to the
the Brussels Nomenclature which originate in devel­                 link which Article 6 of the said long-term arrange­
oping countries ; whereas the preference consists in                ment establishes between cotton products and
the granting of exemption from customs duties ;                     substitute products, it appears justified in these
whereas p'referential imports are effected up to the                circumstances and by virtue of the fact that a total
level of ceilings calculated by value in respect of                 suspension of customs duties is involved to include
each product on the basis of factors which are                      in the same scheme as that described above those
uniform for all the products ; whereas, in order that               substitute textile products given in the conditional
the preferences granted to the most competitive                     list of partial and limited reductions of customs
developing country or countries should be restricted                duties deposited with GATT by the Community
and that a substantial share should be reserved for                 during the last series of tariff negotiations ; whereas,
the least competitive, preferential imports from any                moreover, in view of the special nature which trade
one developing country in respect of a given product                in the products concerned may have, it appears
should not, as a general rule, exceed 50% of the                    expedient to calculate in terms of tonnages the
ceiling fixed for that product;                                     ceilings for preferential imports of such products ;
Whereas, in the offer made by the Community, the                    Whereas the offer made by the Community includes
annual ceilings should normally be calculated on the                a clause stating that the Community drew up the
basis of the total value for 1968 of cif imports from               offer on the assumption that all the main industrial­
the countries benefiting from this scheme, excluding                ized countries which are members of the OECD
those already enjoying various preferential tariff                  would participate in granting preferences and would
arrangements granted by the Community (basic                        make similar efforts in this direction; whereas, more­
amount) plus 5% of the value of cif imports from                    over, it is evident from the conclusions worked out
the other countries and from countries already                      in UNCTAD that this offer, while being of a tem­
enjoying such arrangements (additional amount);                     porary nature, does not constitute a binding commit­
                                                                    ment and, in particular, may be withdrawn wholly
Whereas, however, in respect of cotton textile                      or in part at a later date; whereas this possibility
products formerly covered by the long-term arrange­                 may be adopted inter alia with a view to remedying
ment regarding international trade in cotton textiles,              any unfavourable situations which might arise in
the offer made by the Community lays down that the                 the ACP States following the implementation of the
preferences, in the form of duty-free ceilings                      generalized preference scheme;
(l) OJ No C 257, 10. 11 . 1975 , p . 30.                            (2) OJ No L 118, 30. 4. 1974, p. 1 .
 ---pagebreak---  10                                   Official Journal of the European Communities                             29. 11 . 75
Whereas, moreover, the conference of Heads of                    munity amount of 50% in respect of the products
State or of Government of the Member States and                  originating in any of the abovementioned countries ;
the States acceding to the European Communities
held in Paris from 19 to 21 October 1972 invited
the Community institutions and Member States                     Whereas, under these circumstances, these objectives
progressively to adopt an overall policy of develop­             may be reached by applying a method of adminis­
ment cooperation on a world-wide scale comprising                tration based on the charging, at Community level,
in particular the improvement of generalized pref­               against the abovementioned ceilings and maximum
erences with the aim of achieving a steady increase              amounts, of imports of the products concerned as
in imports of manufactures from the developing                   and when these products are presented for customs
countries ;                                                      clearance under cover of declarations that they have
                                                                 been entered for home use and accompanied by
                                                                 a certificate of origin ; whereas this method of
                                                                 administration must make provision for the
Whereas tariff preferences have been applied from                re-introduction of customs duties as soon as the said
the second half of 1971 under the conditions set out             ceilings or maximum amounts are reached at Com­
above and whereas these preferences should continue              munity level ;
to be applied throughout 1976;
                                                                 Whereas such method of administration calls for
                                                                 very close and particularly rapid cooperation be­
Whereas, in accordance with Protocol 23 to the Act               tween Member States and the Commission, which
of Accession (*) the generalized tariff preference               must, in particular, be able to observe the extent to
scheme has been applicable in the new Member                     which charges are made against the ceilings and
States since 1 January 1974 ;                                    maximum      amounts    and    inform   Member    States
                                                                 thereof; whereas such cooperation should be particu­
                                                                 larly close in view of the need for the Commission
Whereas, in respect of textile products, the com­                to be able to take appropriate measures to re­
plexity of the measures to be implemented, combined              introduce customs duties, either generally or indi­
with the abovementioned aim of improving the                     vidually, when any of the ceilings or maximum
generalized preferences, could in 1974 and 1975 be               amounts are reached,
overcome normally only by means of successive
flat-rate increases of around 50% and 5% in the
ceilings fixed for 1973 , the calculations for the
additional amount of the ceilings having already                 HAS ADOPTED THIS REGULATION :
been made on the basis of 1970 figures ; whereas the
same situation will again prevail in 1976, so that
such improvement can be effected only by means                                           Article 1
of a flat-rate increase of 5% in the ceilings fixed
for 1975, corresponding, when rounded off upwards,
to 166% of the ceilings for 1973 ;                               1 . From 1 January to 31 December 1976 the Com­
                                                                 mon Customs Tariff duties and the tariff duties of
                                                                 the new Member States on the products listed in
                                                                 Annex A shall, subject to Articles 2 and 4 (2) be
Whereas, in respect of the products listed in Annex A            totally suspended.
originating in the countries listed in Annex B, the
Community should therefore allow, for each category
of these products during 1976, duty-free imports                 2. This suspension shall be enjoyed solely by pro­
within the limits of the Community ceilings calcula­             ducts originating in the countries listed in Annex B.
ted in the manner set out above; whereas the benefit
of such tariff exemption should be reserved for pro­             However, those imports which already enjoy exemp­
ducts originating in the countries under consider­               tion from customs duties under other preferential
ation, the concept of 'originating products' being               tariff arrangements granted by the Community shall
determined in accordance with the procedure laid                 not be charged against the ceilings specified in para­
down in Article 14 of Council Regulation (EEC)                   graph 3 . For the purposes of this Regulation, the
No 802/68 (2) of 27 June 1968 on the common                      concept of originating products shall be determined
definition of the concept of the origin of goods ;               in accordance with the procedure laid down in
whereas charges against each of these ceilings must,             Article 14 of Regulation (EEC) No 802/68 .
as a general rule, come within a maximum Com­
                                                                 3 . Subject to the provisions of Articles 2 and 4 (2)
(*) OJ No L 73, 27. 3 . 1972, p . 14.                            this suspension shall be granted, in respect of each
(2) OJ No L 148, 28. 6. 1968, p. 1 .                             category of products, within a Community ceiling
 ---pagebreak---  29 . 11.75                          Official Journal of the European Communities                                     11
which shall be equal to 166% of the amount obtained                                      Article 3
by adding together imports in 1968, expressed in
metric tons, of the products concerned from the                  1 . Imports of the products in question shall be
 countries listed in Annex B, excluding those                   actually charged against the Community ceilings and
already enjoying various preferential tariff arrange­           maximum amounts as and when the goods are
ments granted by the Community, and 5% of the                   entered for home use, and provided that they are
tonnage of imports in 1970 from other countries                 accompanied by a certificate of origin pursuant to
and from countries already enjoying such arrange­               the rules referred to in Article 1 (2).
ments .
                                                                2. Goods may be charged against a ceiling or maxi­
4. Subject to the provisions of Articles 2 and 4 (2),           mum amount only if the certificate of origin referred
within each ceiling thus calculated, charges of                 to above is presented before the date on which the
products originating in any one of the countries                levying of duties is re-introduced.
 listed in Annex B should not exceed a Community
maximum amount equivalent to 50% of this ceiling
with the exception of certain products for which the            3 . The extent to which the ceilings and maximum
maximum amount shall be reduced to the percentage               amounts have been actually filled shall be determined
 shown in Annex A.                                              at Community level on the basis of the imports
                                                                charged in accordance with paragraphs 1 and 2.
5 . Any amendment to Annex B, in particular by the
addition of new countries enjoying tariff preferences,                                   Article 4
may entail a corresponding adjustment to the Com­
munity ceilings and the maximum amounts referred
to in paragraphs 3 and 4.                                       1 . The Commission, in close cooperation with the
                                                                Member States, shall take all necessary measures to
                                                                ensure that the above provisions are applied.
                          Article 2
                                                                2. The Commission shall re-introduce the levying of
1 . As soon as the ceilings calculated in accordance            customs duties in respect of all the countries referred
with the provisions of Article 1 (3 ), which are laid           to in Article 1 (2) or in respect of any one of them
down for Community imports of products orig­                    by means of a Regulation in the conditions laid
inating in all of the countries referred to in Article 1        down in Article 2 ( 1 ) and (2).
 (2) are reached at Community level, the levying of
customs duties on imports of the products in question
from all the countries concerned may at any time be                                      Article 5
re-introduced until the end of the period referred to
in Article 1(1 ).
                                                                Member States shall inform         the   Commission   at
2 . As soon as the maximum amounts calculated in                regular intervals of imports of the products in
accordance with the provisions of Article 1 (4) which           question actually charged against the Community
are laid down for Community imports of products                 ceilings and maximum amounts laid down in Article
originating in each of the countries referred to in              1 (3) and (4).
Article 1 (2) are reached for any one of these coun­
tries at Community level, the levying of the customs
                                                                                         Ahicle 6
duties on imports of the products in question from
the country concerned may at any time be re-intro­
duced until the end of the period referred to in                This     Regulation    shall   enter    into force   on
Article 1 ( 1 ).                                                1 January 1976.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 17 November 1975.
                                                                                       For the Council
                                                                                         The President
                                                                                        E. COLOMBO
 ---pagebreak--- 12                                     Official Journal of the European Communities                                          29 . 11 . 75
                                                              ANNEX A
     List of products originating in developing countries to which the generalized tariff preferences
                                                for certain textile products will apply (a)
                      CCT
        Order
                     heading                                               Description
         No            No
                                         CHAPTER 54
          1           54.05              Woven fabrics of flax or of ramie
                                         CHAPTER 55
                      55.05              Cotton yarn , not put up for retail sale :
          2                              A. Multiple or cabled, finished, in balls or on cards, reels, tubes or
                                             similar supports, of a weight (including support) not exceeding
                                             900 g
                                         B. Other :
          3                                    I. Measuring, per single yarn, 120 000 m or more per kg
          4           55.06              Cotton yarn, put up for retail sale
          5           55.07              Cotton gauze
          6           55.08              Terry towelling and similar terry fabrics of cotton
                      55.09              Other woven fabrics of cotton :
                                         A. Containing 85 % or more by weight of cotton :
                                             ex    I. Of a width of less than 85 cm :
          7                                            — Other than raw cotton (*)
          8                              B.  Other
                                         CHAPTER 56
                      56.05              Yarn of man-made fibres (discontinuous or waste), not put up for
                                         retail sale :
          9                              B. Of regenerated textile fibres
   ( a ) Products qualifying, under the 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 these arrangements.
   (') For products falling within subheading 55.09 A ex I (other than raw cotton), the maximum Community amount re­
         ferred to in Article 1 (4 ) is reduced to 30 % .
 ---pagebreak--- 29 . 11.75                                 Official Journal of the European Communities                                         13
                            CCT
             Order                                                               Description
                          heading
              No             No
           I                56.07             Woven fabrics of man-made fibres (discontinuous or waste):
               10                             B. Of regenerated textile fibres
                                              CHAPTER 58
               11            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)
               12            58.10            Embroidery, in the piece, in strips or in motifs
                                              CHAPTER 60
                           60.01              Knitted or crocheted fabric, not elastic or rubberized :
                                              f   B. Of man-made fibres
               13
                                              [ C. Of other textile materials
               14       ex 60.02              Gloves, mittens and mitts, knitted or crocheted, not elastic or
                                              rubberized, of cotton (*)
                             60.04            Under garments, knitted or crocheted, not elastic or rubberized:
               15                             A. Of cotton (2)
                           60.05              Outer garments and other articles, knitted or crocheted, not elastic
                                              or rubberized :
           \\\                                        A. Outer garments and clothing accessories :
               16                                          ex II. Other, of cotton (2)
                                                  ex B. Other, of cotton (2)
                             60.06            Knitted or crocheted fabric and articles thereof; elastic or rubberized
                                              (including elastic knee-caps and elastic stockings):
               17                             A. Fabric
                                              CHAPTER 61
                        ex 61.03              Men's and boys' under garments, including collars, shirt fronts and
                                              cuffs :
               18                             — Of cotton fabric (*)
               19       ex 61.04              Women's, girls' and infants' under garments of cotton fabric
           (x) For products falling within heading Nos 60.02 (of cotton) and ex 61.03 (of cotton), the maximum Community amount
               referred to in Article 1 (4) is reduced to 30 % .
           (2) For products falling within subheadings 60.04 A, 60.05 A ex II and 60.05 ex B (of cotton fabric), the maximum
               Community amount referred to in Article 1 (4 ) is reduced to 30 % .
 ---pagebreak--- 14               Official Journal of the European Communities                    29 . 11 . 75
          CCT
   Order heading                                  Description
    No     No
           61.05  Handkerchiefs :
    20            — Of cotton fabric
    21            — Of fabrics other than cotton
                  CHAPTER 62
           62.01  Travelling rugs and blankets:
                  B.  Other :
    22                 I. Of cotton
    23     62.03  Sacks and bags, of a kind used for the packing of goods :
                  B. Of other textile materials :
                           I. Used :
                              ex b) Other:
                                 — Of cotton
                      ex II . Other:
                              — Of cotton
    24     62.04  Tarpaulins, sails, awnings, sunblinds, tents and camping goods
 ---pagebreak--- 29 . 11.75                    Official Journal of the European Communities                           15
                                                   ANNEX B
           List of developing countries benefiting under generalized tariff preferences from certain
                                                 textile products
                                             Afghanistan
                                             Argentina
                                             Bangladesh
                                             Colombia
                                             Costa Rica
                                             Egypt, Arab Republic of
                                             El Salvador
                                             Guatemala
                                             Haiti
                                             India
                                             Indonesia
                                             Jamaica
                                             Korea (South)
                                             Malaysia
                                             Mexico
                                             Nicaragua
                                             Pakistan
                                             Paraguay
                                             Philippines
                                             Singapore
                                             Sri Lanka
                                             Thailand
                                             Vietnam, Republic of