CELEX: 31976R3029
Language: en
Date: 1976-12-13 00:00:00
Title: Council Regulation (EEC) No 3029/76 of 13 December 1976 opening, allocating and providing for the administration of a Community tariff quota for preserved pineapples, in slices, half slices or spirals, originating in developing countries

No L 349/ 158                          Official Journal of the European Communities                               20. 12. 76
                                        COUNCIL REGULATION (EEC) No 3029/76
                                                     of 13 December 1976
               opening, allocating and providing for the administration of a Community tariff quota
               for preserved pineapples, in slices, half slices or spirals, originating in developing countries
THE C OUNCIL OF THE EUROPEAN COMMUNITIES                            subject to the single customs duty, of a reduction in
                                                                    such duty; whereas preferential imports of the prod­
                                                                    ucts concerned could be effected without quantitative
 Having regard to the Treaty establishing the Euro­                 restrictions ; whereas it appears appropriate, however,
 pean Economic Community, and in particular Article                 in view of the sensitiveness of the preserved fruit and
 43 thereof,                                                        vegetable sector generally and of the need to
                                                                    safeguard the interests of the ACP States in this field,
                                                                    to lay down for preserved pineapples, in slices, half
Having regard to the proposal from the Commission,                  slices or spirals, special conditions consisting in a
                                                                    reduction of the customs duty applicable to that
                                                                    product within the limits of a Community tariff
 Having regard to the opinion of the European                       quota ;
 Parliament (1),
                                                                    Whereas the offer made by the Community includes
 Whereas in the Joint Declaration of Intent on the                  a clause stating that the Community drew up the
 development of trade relations with Sri Lanka, India,              offer on the assumption that all the main industrial­
 Malaysia, Pakistan and Singapore (2), the Community                ized countries which are members of the OECD
 declared its    readiness    to   seek solutions    to the         would participate in granting preferences and would
 problems which may arise in the field of trade with                make similar efforts in this direction ; whereas, more­
 the countries referred to ;                                        over, it is evident from the conclusions worked out
                                                                    in UNCTAD that this offer, while being of a tem­
                                                                    porary nature, does not constitute a binding commit­
 Whereas in respect of several Asian countries of the               ment and, in particular, may be withdrawn wholly
 Commonwealth and particularly as regards Malaysia,                 or in part at a later date ; whereas this possibility
 preserved pineapples are an important export product                may be adopted inter alia with a view to remedying
 and the flow of trade in such products is likely to be              any ' unfavourable situations which might arise in the
 changed as a result of the enlargement of the Com­                  ACP States following the implementation of the
 munity ; whereas the system of generalized tariff                  generalized preference scheme ;
 preferences may constitute a solution to problems
 of this nature ; whereas certain forms of preserved
 pineapples should therefore be included in the system               Whereas tariff preferences have been applied as from
 of generalized preferences ;                                        the second half of 1971 ; whereas it is expedient to
                                                                     continue to apply them throughout 1977 ;
  Whereas, within the context of UNCTAD, the Euro­
 pean Economic Community offered to grant tariff                     Whereas it is expedient, therefore, that the Com­
 preferences on certain processed agricultural products              munity should open for 1977 in respect of the said
 of Chapters 1 to 24 of the Common Customs Tariff                    products, originating in the countries and territories
  originating in developing countries ; whereas the                  listed in the Annex, a Community tariff quota limited
  preferential treatment proposed in that offer consists,            to 28 000 metric tons and at a customs duty of
  in respect of certain goods which are subject to the               15% , increased by the levy on sugar where the sugar
  trade arrangements laid down in Regulation (EEC)                   content exceeds 17% by weight in the case of prod­
  No 10 59/69, of a reduction in the fixed component                 ucts falling within subheading ex 20.06 B II a) 5 aa),
  of the charge applicable to such goods by virtue of                and 19% by weight in the case of products falling
  that Regulation, and, in respect of products which are             within subheading ex 20.06 B II b) 5 aa);
  H OJ No C 259, 4. 11 . 1976, p . 27.
  (2) OJ No L 73, 27. 3 . 1972, p. 195.
 ---pagebreak--- 20 . 12 . 76                           Official Journal of the European Communities                         No L 349/ 159
Whereas, in accordance with Protocol 23 to the Act                Whereas the statistical data available cover only a
of Accession ( 1), the generalized tariff preference              relatively brief period, and they should be weighted
scheme became fully applicable in the new Member                  on the basis of the estimates which may be made for
States on 1 January 1974 ;                                        the quota year; whereas the percentage of the shares
                                                                  of the quota amount may be drawn up as follows :
Whereas, for the said products, this scheme would,                         Germany                          35-1%
however, involve the application in the new Member                         Benelux                          13-0%
States in 1977 of customs duties higher than or very                       France                            1-0%
close to those which will be applied by the new
Member States to non-member countries in general                           Italy                             2-8%
on the basis of the provisions of the abovementioned                       Denmark                           2-7%
Act; whereas this situation would comply neither
                                                                           Ireland                           1-0%
with the spirit nor with the very nature of the general­
ized preference scheme ; whereas, in order to main­                        United Kingdom                   44-4%
tain an equivalent preferential margin for these prod­
ucts also, reduced customs duties should be applied
to them, in accordance with detailed rules based on               Whereas, without affecting the Community nature of
the principle of maintaining, in the new Member                   the tariff quota under consideration, it appears pos­
States, a preference proportional to that which exists            sible to provide temporarily for a utilization scheme
between the duties of the Common Customs Tariff                   based on a single allocation among the Member
and the duties given in Article 1 to this Regulation;             States ; whereas, moreover, the allocation set out by
whereas, with a view to granting the beneficiary                  this Regulation in no way prejudices the possibility
developing countries the best possible treatment, in              of adopting the general method of allocation of
accordance with the objectives of the preference                  Community tariff quotas comprising the setting up of
scheme, the duties given in the abovementioned                    a reserve share ; whereas at this transitional stage
Article 1 should also be applied wherever the duties              it appears feasible that such allocation could be made
calculated according to the abovementioned detailed               according to the percentage set out in the above
rules prove to be higher than them ;                              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 and            their duration and their amount, does not appear in
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 on                 ent to allow each Member State to choose the system
the common definition of the concept of the origin                for administering its share;
 of goods (2);
                                                                  Whereas since the Kingdom of Belgium, the King­
Whereas it is necessary to ensure equal and contin­
                                                                  dom of the Netherlands and the Grand Duchy of
uous access for all Community importers to the
                                                                  Luxembourg are united in and represented by the
abovementioned quota and the uninterrupted appli­
                                                                  Benelux Economic Union, all transactions concerning
                                                                  the administration of the share allocated to that
cation of the rate laid down for this quota to all
imports of the products concerned into all Member                 economic union may be carried out by any one of
                                                                  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
 allocating the Community tariff quota among                      HAS ADOPTED THIS REGULATION :
 Member States ; whereas, moreover, to this end and
 in the context of the utilization system, the actual
 charges against the quota may relate only to products                                    Article 1
 which have been entered for home use and which
 are accompanied by a certificate of origin ;                     1 . From 1 January to 31 December 1977, a Com­
                                                                  munity tariff quota of 28 000 metric tons shall be
                                                                  opened by the Community for the imports of
                                                                  preserved pineapples in slices, half slices or spirals,
 (!) OJ No L 73 , 27. 3 . 1972, p . 14                            falling within the following subheadings of the
 (2) OJ No L 148, 28 . 6. 1968, p. 1 .                            Common Customs Tariff: ex 20.06 B II a) 5 , ex 20.06
 ---pagebreak--- No L 349/ 160                        Official Journal of the European Communities                              20 . 12. 76
B II b) 5, ex 20.06 B II c) 1 dd) and ex 20.06 B II c)                                   Article 3
2 bb). Within this tariff quota the customs duty shall
be suspended at 15% , increased by the levy on sugar            1 . The Member States shall ensure free access to
where the sugar content exceeds 17% by weight in                each of the shares which have been allocated to them
the case of products falling within subheading ex               for importers of the products concerned who are
20.06 B II a) 5 aa), and 19% by weight in the case              established on their territory.
of products falling within subheading ex 20.06 B II
b) 5 aa).                                                       2 . The extent to which the shares of Member States
                                                                have been    used up shall be determined on the basis
                                                                of imports   of the said goods which have ibeen entered
On importation into Denmark, Ireland and the United             for (home    use, and which are accompanied by a
Kingdom, there shall be applied to the abovemen­                certificate  of origin in accordance with the rules
tioned products the customs duty obtained by multi­             referred to  in Article 1 (2).
plying, by a coefficient equal to the margin of pre­
ferences existing between the duty of 15% given in              3 . Goods may qualify for a tariff quota only if the
paragraph 1 and the Common Customs Tariff duties                certificate of origin referred to in paragraph 2 is
applicable, the duties obtained by reducing by 80%              submitted before the date on which the levying of
the difference between the lowest duty applied on               duties is re-introduced.
1 January 1972 to the developing countries set out
in the Annex and the Common Customs Tariff.
                                                                                         Article 4
                                                                Member States shall inform the Commission at
However, the duty of 15% given in the first subpara­
graph shall be applied when the customs duty                    monthly intervals of imports of the products in
resulting from the abovementioned calculation is                question charged against their shares . This
higher than it.                                                 information shall cover both the value expressed in
                                                                units of account and quantity expressed in metric
                                                                tons .
 2. The benefit of this tariff quota shall be reserved
for the products originating in the countries and                                        Article 5
territories listed in the Annex. However, the imports
 already benefiting from exemption of customs duties            If the Community should find that the products
under another preferential tariff scheme granted by             benefiting under the arrangements provided for in
the Community shall not be charged to this quota.               Article 1 are being imported into the Community
                                                                in quantities or at prices such as to put or be likely
For the purposes of implementing this Regulation the            to put Community producers of similar or directly
concept of originating products shall be determined             competitive products at a serious disadvantage or to
in accordance with the procedure laid down in                   create an unfavourable situation in the ACP States,
Article 14 of Regulation (EEC) No 802/68 .                      the customs duties applied within the Community
                                                                may be re-introduced in part or in full for imports
                                                                of the products in question from the country or
                                                                countries or territory or territories which are the
                         Article 2                              cause of such disadvantage. Such measures may also
                                                                be taken in the event of a serious disadvantage, either
                                                                actual or foreseeable, which is confined to a single
The Community tariff quotas mentioned in Article 1              region of the Community.
shall be allocated in shares which in respect of each
Member State shall be of the amount indicated below :
                                                                                         Article 6
        Germany                  9 820 metric tons
                                                                1 . In order to ensure that Article 5 is applied, the
        Benelux                  3 640 metric tons              Commission may, by way of a Regulation, re-intro­
                                                                duce Common Customs Tariff duties for a fixed
        France                     280 metric tons              period.
        Italy                      780 metric tons
                                                                2. If the Commission has acted at the request of
        Denmark                    770 metric tons              a Member State, the former shall give its decision
        Ireland                    280 metric tons               within a maximum period of 10 working days from
                                                                 the date of receipt of the request and shall inform the
        United Kingdom          12 430 metric tons              Member State of the action taken .
 ---pagebreak--- 20 . 12 . 76                      Official Journal of the European Communities                        No L 349/ 161
3 . Each Member State may refer the measure taken            in connection with the common agricultural policy
by the Commission to the Council within a period             pursuant to Article 43 of the Treaty or those drawn
of 10 working days following the date it was notified.       up in connection with the common commercial
The fact that the matter has been referred to the            policy pursuant to Article 113 of the Treaty.
Council shall not constitute the suspension of the
measure. The Council shall meet without delay.
Acting on a qualified majority, it may amend or
repeal the measure in question.
                                                                                    Article 8
                      Article 7
The provisions of Articles 5 and 6 shall not prejudice       This Regulation shall enter into force on 1 January
the application of the safeguard clauses drawn up            1977.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 13 December 1976.
                                                                            For the Council
                                                                             The President
                                                                           M. van der STOEL
 ---pagebreak--- No L 349/ 162                       Official Journal of the European Communities                               20 . 12. 76
                                                       ANNEX
                   List of developing countries and territories enjoying generalized tariff preferences
                                              I. INDEPENDENT COUNTRIES
Afghanistan                               Guyana                                    Philippines
Algeria                                   Haiti                                     Qatar
Angola                                    Honduras                                  Romania
Argentina                                 India                                     Rwanda
Bahamas                                   Indonesia                                 Sao Tome and Principe
Bahrain                                   Iran                                      Saudi Arabia
Bangladesh                                I r.ui
                                                                                    Senegal
Barbados                                  Ivory Coast                               Seychelles
Benin                                     Jamaica                                   Sierra Leone
Bhutan                                    Jordan
                                                                                    Singapore
Bolivia                                   Kenya                                     Somalia
Botswana                                  Khmer Republic                            Sri Lanka
Brazil                                    Korea (South )
                                                                                    Sudan
Burma                                     Kuwait
                                                                                    Surinam
Burundi                                   Laos
                                                                                    Swaziland
Cameroon                                  Lebanon
                                                                                    Syria
Cape Verde Islands                        I esotho
                                                                                    Tanzania
Central African Republic                  Liberia
                                                                                    Thailand
Chad                                      Libya
                                                                                    Togo
Chile                                     Malagasy Republic
                                                                                    Tonga
Colombia                                  Malawi
                                                                                    Trinidad and Tobago
Comoros                                   Malaysia                                  Tunisia
Congo , People's Republic ol              Maldive Islands
                                                                                    Uganda
Costa Rica                                Mali
                                                                                    United Arab Emirates :
Cuba                                      Mauritania
                                                                                         Abu Dhabi
Cyprus                                    Mauritius                                      Dubai
Dominican Republic                        Mexico                                         Ras al Khaimah
Ecuador                                   Morocco                                        Fujairah
Egypt, Arab Republic of                   Mozambique                                     Ajman
El Salvador                                                                              Sharjah
                                          Nauru
                                                                                         Ummal Qaiwam
Equatorial Guinea                         Nepal                                     Upper Volta
Ethiopia                                  Nicaragua                                 Uruguay
Fiji                                      Niger                                     Venezuela
Gabon
                                          Nigeria                                   Vietnam
Gambia                                    Oman
                                                                                    Western Samoa
Ghana                                     Pakistan
Grenada                                                                             Yemen , People's Democratic
                                          Panama                                    Republic of
Guatemala                                 Papua New Guinea                          Yemen Arab Republic
Guinea
                                          Paraguay                                  Yugoslavia
Guinea Bissau                             Peru                                      Zaire
                                                                                    Zambia
 ---pagebreak--- 20 . 12 . 76                               Official Journal of the European Communities                                        No L 349/ 163
                                                   II. 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)
               Australian Antarctic Territory
               Belize
               Bermuda
               British Antarctic Territory
               British Indian Ocean Territory (Aldabra, Farquhar, Chagos Archipelago, Desroches)
               British Pacific Ocean (*)
               Brunei
               Cayman Islands and Dependencies
               Christmas Island
               Cocos (Keeling) Islands
               Corn Islands and Swan Islands
               Falkland Islands and Dependencies
               French Polynesia
               French Southern and Antarctic Territories
               Gibraltar
               Heard Island and McDonald Islands
               Hong Kong
               Leeward Islands (2)
               Macao
               Mayotte
               Netherlands Antilles
               New Caledonia and Dependencies
               Norfolk Island
               Pacific Islands administered by the United States of America or under United States trusteeship (!)
              Portuguese Timor
              St Helena (including Ascension, Gough Island, and Tristan da Cunha)
               Spanish territories in Africa
               Territories for which New Zealand is responsible (Cook Islands, Niue Island, Tokelau Islands
                    and Ross Dependency)
               Turks and Caicos 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 Islands, Tuvalu, British Solomon Islands, New Hebrides Condominium, and Pitcairn Islands.
              (*) Antigua, Montserrat, St Kitts-Nevis-Anguilla, British Virgin Islands.
              (') 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, St Lucia. St Vincent.