CELEX: 31972R2766
Language: en
Date: 1972-12-19 00:00:00
Title: Regulation (EEC) No 2766/72 of the Council of 19 December 1972 establishing preferential tariffs in respect of certain textile products and footwear originating in developing countries

84                                  Official Journal of the European Communities
  No L 296/82                        Official Journal of the European Communities                             30 . 12 . 72
                              REGULATION (EEC) No 2766/72 OF THE COUNCIL
                                                  of 19 December 1972
                establishing preferential tariffs in respect of 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 stipulating that the Community jdrew up the
 Having regard to the Treaty establishing the European          offer on the assumption that all the main industrialized
 Economic Community ;                                           countries which are members of the OECD would
                                                                participate in granting preferences and would make
 Having regard to the proposal from the Commission ;            similar efforts in this direction ; whereas , moreover,
                                                                it is evident from the conclusions worked out in
 Whereas, within the context of UNCTAD , the                    UNCTAD that this offer, while being of a temporary
European Economic Community offered to grant                    nature, does not constitute a binding commitment
tariff preferences on finished and semi-finished                and, in particular, may be withdrawn wholly or in
 products coming from developing countries ; whereas            part at a later date ; whereas this possibility may be
 the preferential treatment proposed in that offer              adopted inter alia with a view to remedying any
 covers, generally speaking, all finished and semi­             unfavourable situations which might arise in the
finished industrial products covered by Chapters                associated countries following the implementation of
25 to 99 of the Brussels Nomenclature which originate           the generalized preference scheme ;
in developing countries ; whereas the preference
consists in the granting of exemption from customs
duties ; whereas preferential imports are effected up           Whereas tariff preferences have been applied as from
                                                                the second half of 1971 under the conditions set out
to the level of ceilings calculated by value in respect
                                                                above and whereas these preferences should continue
of each product on the basis of factors which are
uniform for all the products ; whereas, in order that           to be applied , throughout 1973 ; whereas, with regard
                                                                to the terms of the offer concerned, the abovementioned
the preferences granted to the most competitive
                                                                additional sum of 5 % may refer to 1970 ;
developing country or countries should be restricted
and that a substantial quota share should be reserved
for the least competitive, preferential imports from            Whereas it is expedient, therefore, in respect of the
any one developing country in respect of a given                products referred to in Annex A which originate in
product should not, as a general rule, exceed 50%               the countries listed in Annex B, that the Community
of the ceiling fixed for that product ;                         should allow, for each category of these products
                                                                and throughout 1973 , duty-free -imports within the
Whereas, in the offer made by the Community, the                limits of the Community ceilings calculated in the
annual ceilings should ordinarily be calculated on the          manner set out above ; whereas the benefit of such
basis of the total value for 1968 of c.i.f. imports from        tariff exemption should be reserved for products
the countries benefiting from this scheme, excluding            originating in the countries under consideration, the
those already enjoying various preferential tariff              concept of 'originating products' being determined in
arrangements granted by the Community, increased                accordance with the procedure laid down in Article 14
by 5% of the value of c.i.f. imports from the other             of Council Regulation (EEC) No 802/68 (a) of 27 June
countries and from the countries already enjoying               1968 on the common definition of the concept of the
such arrangements ; whereas such , further amount               origin of goods ; whereas charges against each of
is variable and is calculated each year on the basis            these ceilings must, as a general rule, come within
of the latest figures available, provided that this             a maximum Community amount of 50% in respect
entails no reduction in the ceiling ; whereas, however,         of the products originating in any of the abovemen­
in view of the special nature of the trade in textile           tioned countries ;
products falling under Chapters 50 to 63 of
the Common Customs Tariff which are referred to in
this Regulation, it is expedient to calculate the ceilings
concerned in terms of metric tons ;                             (x) OJ No L 148, 28.6.1968 , p. 1 .
 ---pagebreak---                                     Official Journal of the European Communities                                       85
  Whereas , under these circumstances , these objectives         the products concerned to the Community from the
  may be reached by applying a method of administration          countries listed in Annex B, excluding those already
  based on the charging, at Community level, against             enjoying various preferential tariff arrangements gran­
  the abovementioned ceilings and maximum amounts,               ted by the Community, and 5% of the tonnage of
  of imports of the products concerned as and when               imports in 1970 from other countries and from
 these products are presented for customs clearance              countries already enjoying such arrangements .
  under cover of declarations that they have been made
  available for consumption and accompanied by a                 4. Subject to the provisions of Article 2 and Article
 certificate of origin ; whereas this method of adminis­        4 (2), within' each ceiling thus calculated, charges of
 tration must make provision for the reintroduction             products originating in any one of the countries listed
 of Common Customs Tariff duties as soon as the                  in Annex B should not exceed a Community maximum
 said ceilings or maximum amounts are reached at                 amount equivalent to 50% of this ceiling.
 Community level ;
                                                                5 . Any amendment to Annex B in particular by the
 Whereas such method of administration calls for                 addition of new countries enjoying tariff preferences
 very close and particularly rapid cooperation between           may entail a corresponding adjustment to the Com­
 Member States and the Commission, which must,                   munity ceilings and the maximum amounts referred
 in particular, be able to observe the extent to which          to in paragraphs 3 and 4.
 charges are made against the ceilings and maximum
 amounts and inform Member States thereof ; whereas
 such cooperation should be particularly close in view                                   Article 2
 of the need for the Commission to be able to take
 appropriate measures to reintroduce Common Cus­                 1 . As soon as the ceilings calculated in accordance
 toms Tariff duties either generally or individually,           with the provisions of Article 1 (3 ), which are laid
 when any of the ceilings of maximum amounts is                 down for Community imports of products originating
 reached ;                                                      in all of the countries referred to in Article 1 (2), are
                                                                reached at Community level, the levying of Common
 Whereas, since the ceilings concerned are valid                Customs Tariff duties on imports of the products
 until 31 December 1973 , the system established could          in question from all the countries concerned may
 be amended to take into account the accession of               be reintroduced until the end of the period referred
 new Member States ;                                            to in Article 1 (1).
HAS ADOPTED THIS REGULATION :
                                                                2 . As soon as the maximum amounts calculated in
                                                                accordance with the provisions of Article 1 (4), which
                          Article 1                             are laid down for Community imports of products
                                                                originating in each of the countries referred to in
                                                                Article 1 (2), are reached for any one of these countries
1 . From 1 January tc 31 December 1973 , the Com­               at Community level, the levying of the Common
mon Customs Tariff cuties on the products listed in             Customs Tariff duties on imports of the products in
Annex A shall be totally suspended, subject to the              question from the country concerned may at any
provisions of Article 2 and Article 4 (2) of this               time be reintroduced until the end of the period
Regulation.                                                     referred to in Article 1 (1).
2. This suspension shall be enjoyed solely by products
originating in the countries listed in Annex B. However                                  Article 3
imports already enjoying exemption from customs
duties under other preferential tariff arrangements             1 . Imports of the products in question shall be
granted by the Community shall not be charged                   actually charged against the Community ceilings and
against the ceilings specified in paragraph 3 . For the         maximum amounts as and when the products are
purposes of the application of this Regulation , the            presented for customs clearance under cover of
concept of originating products shall be determined             declarations that they have been entered into con­
in accordance with the procedure laid down in Article           sumption, and, except for the textile products of
14 of Regulation (EEC) No 802 /68 .                             Chapters 50 to 63 referred to in Annex A, on the
                                                                basis of the customs value of these products, and
3 . Subject to the provisions of Article 2 and Article         provided that they are accompanied by a certificate
4 (2) this suspension 5 hall be granted , in respect of         of origin pursuant to the rules laid down in Article
each category of products, within a Community                   1(2).
ceiling which shr.ll be equal to the amount obtained
by adding together in metric tons in respect of textile         2. An item of goods may be charged against a ceiling
products of Chapters 50 to 63, listed in Annex A,               or maximum amount only if the certificate of origin
and in units of account in respect of Articles of               referred to in paragraph 1 is submitted before the
Chapter 64 listed in that Annex, imports in 1968 of             date on which the . levying of duties is reintroduced
 ---pagebreak--- 86                                 Official Journal of the European Communities
3 . The extent to which the ceilings and maximum                                    Article 5
amounts have been actually used up shall be recorded
at Community level on the basis of the imports               Member States shall inform the Commission at
charged in the conditions laid down in paragraphs 1          regular intervals of imports of the products in
and 2 .                                                      question actually charged against the Community
                                                             ceilings and maximum amounts laid down in Article
                                                             1 (3 ) and (4).
                       Article 4
                                                                                    Article 6
1 . The Commission, in close cooperation with the
Member States, shall take all necessary measures to
ensure that the above provisions are applied .               The above provisions may be amended to take ac­
                                                             count of the situation resulting from the accession of
                                                             new Member States .
2. The Commission shall reintroduce the levying
of Common Customs Tariff duties in respect of all                                   Article 7
the countries referred to in Article 1 (2) or in respect
of any one of them by means of a Regulation in the           This Regulation shall enter into force on 1 January
conditions laid down in Article 2 ( 1 ) and (2).             1973 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 19 December 1972 .
                                                                                 For the Council
                                                                                  The President
                                                                                T. WESTERTERP
 ---pagebreak---                         Official Journal of the European Communities                                   87
                                             ANNEX A
List of products originating in developing countries to which the Generalized Tariff Preferences
                       for certain textile products and footwear will apply
CHAPTER 50
    5C.04        Silk yarn , other than yarn of noil or other waste silk , not put up for retail sale
    5C.05        Yarn spun from silk waste other than noil, not put up for retail sale
    5C.06        Yarn spun from noil silk, not put up for retail sale
    50.07"       Silk yarn and yarn spun from noil or other waste silk, put up for retail sale
    5C.PS        Silk-worm gut ; imitation catgut of silk
    5G.09        Woven fabrics of silk or of waste silk other than noil
    5C.10        Woven fabrics of noil silk
CHAPTER 51
    51.02        Monofil , strip (artifical straw and the like) and imitation catgut, of man-made
                 fibre materials
    5J.03        Yarn of man-made fibres (continuous), put up for retail sale
CHAPTER 52       iMETALLIZED TEXTILES
CHAPTER 53
    53.06        Yarn of carded sheep's or lambs' wool (woollen yarn), not put up for retail sale
     53.07       Yarn of combed sheep's or lambs' wool (worsted yarn), not put up for retail sale
     53.08       Yarn of fine animal hair (carded or combed), not put up for retail sale
     53.09        Yarn of horsehair or of other coarse animal hair, not put up for retail sale
    53.10        Yarn of sheep's or lambs' wool, of horsehair or of other animal hair (fine or coarse)
                 put up for retail sale
    53.11        Woven fabrics of sheep's or lambs' wool or of fine animal hair
    53.12        Woven fabrics of coarse animal hair other than horsehair
    53.13        Woven fabrics of horsehair
CHAPTER 54
     54.03       Flax or ramie yarn , not put up foi retail sale
     54.04       Flax or ramie yarn , put up for retail sale
 ---pagebreak--- 88                    Official Journal of the European Communities
   CHAPTER 56
      56.04    Man-made fibres (discontinuous or waste), carded, combed or otherwise pre­
               pared for spinning
      56.06    Yarn of man-made fibres (discontinuous or waste), put up for retail sale
   CHAPTER 57
      57.05    Yarn of true hemp
      57.07    Yarn of other vegetable textile fibres :
               B. Other
      57.08   Paper yarn
      57.09    Woven fabrics of true hemp
   ex 57.11   Woven fabrics of other vegetable textile fibres
      57.12   Woven fabrics of paper yarn
   CHAPTER 58
      58.01    Carpets, carpeting and rugs, knotted (made up or not)
                  B. Of silk, of waste silk other than noil, of synthetic textile fibres, of yarn
                  falling within heading No 52.01 or of metal threads
              ex C. Of other textile materials
      58.02   Other carpets, carpeting, rugs , mats and matting, and 'Kelem', 'Schumacks' and
              'Keramanic' rugs and the like (made up or not) :
              ex A. Carpets, carpeting, rugs, mats and matting
                  B. 'Kelem', 'Schumacks' and ' Keramanic' rugs and the like
      58.03   Tapestries , hand-made, of the type Gobelins, Flanders, Aubusson, Beauvais and
              the like, and needleworked tapestries (for example, petit point and cross stitch)
              made in panels and the like by hand
      58.05   Narrow woven fabrics, and narrow fabrics (holduc) consisting of warp without
              weft assembled by means of an adhesive, other than goods falling within heading
               No 58.06
      58.06   Woven labels, badges and the like, not embroidered, in the piece, in strips or cut
              to shape or size
      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
      58.08   Tulle and other net fabrics ( but not including woven, knitted or crocheted fabrics)
              plain
      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
 ---pagebreak---                   Official Journal of the European Communities                                     89
CHAPTER 59
   59.01   Wadding and articles of wadding ; textile flock and dust and mill neps :
           A. Wadding and articles of wadding
           B. Flock and dust and mill neps :
               I.  Of man-made fibres
   59.02   Felt and articles of felt, whether or not impregnated or coated
   59.03   Bonded fibre fabrics, similar bonded yarn fabrics, and articles of such fabrics,
           whether or not impregnated or coated
   59.05   Nets and netting made of twine, cordage or rope, and made up fishing nets of
           yarn, twine, cordage or rope
   59.06   Other articles made from yarn, twine, cordage, rope or cables, other than textile
           fabrics and articles made from such fabrics
   59.0 /  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
   59.08   Textile fabrics impregnated, coated, covered or laminated with preparations of
           cellulose derivatives or of other artificial plastic materials
   59.09   Textile fabrics coated or impregnated with oil or preparations with a basis of
           drying oil
   59.10   Linoleum and materials prepared on a textile base in a similar manner to lino­
           leum, 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
   59.11   Rubberized textile fabrics, other than rubberized knitted or crocheted goods
   59.12   Textile fabrics otherwise impregnated or coated ; painted canvas being theatrical
           scenery, studio back-cloths or the like
   59.13   Elastic fabrics and trimmings (other than knitted or crocheted goods) consisting
           of textile materials combined with rubber threads
   59.24   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
   j9.1d   Textile hosepiping and similar tubing, with or without lining, armour or access­
           ories of other materials
   59.16   Transmission, conveyor or elevator belts or belting, of textile material, whether
           or not strengthened with metal or other material
ex 59.17   Textile fabrics and textile articles, of a kind commonly used in machinery or plant
CHAPTER 60
   60.01   Knitted or crocheted fabrics , not elastic nor rubberized :
            A. Of wool or of fine animal hair
 ---pagebreak--- 90                       Official Journal of the European Communities
   ex 60.02     Gloves , mittens and mitts , knitted or crocheted , nor elastic nor rubberized
      60.05    Outer garments and other articles , knitted or crocheted, not elastic nor rubber­
               ized :
               A. Outer garments and clothing accessories :
                    I. Jerseys and pullovers, containing at least 50% by weight of wool and
                          weighing 600 g or more per article
       60.06   Knitted or crocheted fabric and articles thereof, elastic or rubberized (including
               elastic knee-caps and elastic stockings)
               B. Other
   CHAPTER 61
   ex 61.04    Women's, girls' and infants' undergarments
       61.06   Shawls, scarves , mufflers , mantillas , veils and the like
       61.07   Ties , bow ties and cravats
       61.08    Collars , tuckers , fallals , bodice-fronts , jabots , cuffs, flounces , yokes and similar
                accessories and trimmings for women's and girls' garments
       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
       61.10    Gloves, mittens , mitts , stockings , socks and sockettes , not being knitted or
                crocheted goods
       61.11    Made up accessories for articles of apparel (for example, dress shields, shoulder
                and other pads , belts , muffs , sleeve protectors , pockets)
    CHAPTER 62
       62.01    Travelling rugs and blankets :
                A. Electrically heated
                B. Other
                     II. Of other textile materials
        62.03   Sacks and bags, of a kind used for the packing of goods :
                B. Of other textile materials :
                      I.   Used
                           a) of flax or of sisal
                     ex b) Other
    ex 62.05     Other made up textile articles (including dress patterns)
    CHAPTER 63
    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
 ---pagebreak---                   Official Journal of the European Communities                                91
CHAPTER 64
  64.03    Footwear with outer soles of wood or cork
  64.04    Footwear with outer soles of other materials
  64.05    Parts of footwear (including uppers, in-soles and screw-on heels) of any material
           except metal
  64.06    Gaiters, spats, leggings, puttees, cricket pads, shin-guards and similar articles,
           and parts thereof
 ---pagebreak---  92                                Official Journal of the European Communities
                                                        ANNEX B
              List of developing countries and territories benefiting under the Generalized Tariff Preferences
                                              INDEPENDENT COUNTRIES
 Afghanistan                                Honduras                                      Qatar
 Algeria                                   i ndia                                         Rwanda
 Argentina                                  Indonesia                                     Saudi Arabia
 Bahrain                                    Iran                                          Senegal
 Bangladesh                                 Iraq                                          Sierra Leone
 Barbados                                   Ivory Coast                                   Singapore
 Bhutan                                     Jamaica                                       Somalia
 Bolivia                                    Jordan                                        South Vietnam
 Botswana                                   Kenya                                       ' Southern Yemen
 Brazil                                     Khmer Republic                                Sri Lanka
Burma                                       Korea , Republic of (South Korea )            Sudan
Burundi                                     Kuwait                                        Swaziland
Cameroun                                    Laos                                          Syria
Central African Republic                   Lebanon                                        Tanzania
Chad                                       Lesotho                                       Thailand
Chile                                      Liberia                                        Togo
Colombia                                   Libya ,                                        Tonga
Congo, Peop le's Republic of               Malagasy Republic                              Trinidad and Tobago
Costa Rica                                 Malawi                                        Tunisia
Cuba                                       Malaysia                                      Uganda
Cyprus                                     Maldive Islands                               Union of Arab Emirates :
Dahomey                                    Mali                                                Abu Dhabi
Dominican Republic                         Mauritania                                          Dubai
Ecuador                                    Mauritius                                           Ras al Khaimah
Egypt, Arab' Republic of                   Mexico                                             Sharjah
El Salvador                                Morocco                                             Ajman
 Equatorial Guinea                         Nauru                                              Umm al Qaiwain
Ethiopia                                   Nepal                                              Fujairah
Fiji                                       Nicaragua                                     Upper Volta
Gabon                                      Niger                                         Uruguay
 Gambia                                    Nigeria , Federal Republic of                 Venezuela
Ghana                                      Pakistan                                      Western Samoa
Guatemala                                  Panama                                        Yemen
Guinea, Republic of                        Paraguay                                     Yugoslavia
Guyana                                     Peru                                         Zaire, Democratic Repub
Haiti                                      Philippines                                  Zambia