CELEX: 31975R3005
Language: en
Date: 1975-11-17 00:00:00
Title: Regulation (EEC) No 3005/75 of the Council of 17 November 1975 opening, allocating and providing for the administration of Community tariff quotas for certain textile products originating in Yugoslavia

34                                          Official Journal ot the European Communities                             29 . 11 . 75
                                 REGULATION (EEC) No 3005/75 OF THE COUNCIL
                                                        of 17 November 1975
                opening, allocating and providing for the administration of Community tariff quotas
                                      for certain textile products originating in Yugoslavia
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               customs duties deposited with GATT by the
                                                                       Community during the last series of tariff
                                                                       negotiations ;
Having regard to the Treaty establishing the
European Economic Community ;                                          Whereas the offer made by the Community includes
                                                                       a clause stipulating that the Community drew up the
                                                                       offer on the assumption that all the main
Having regard to the proposal from the Commission ;                    industrialized countries which are members of the
                                                                       OECD would participate in granting preferences and
                                                                       would make similar efforts in this direction ; whereas,
Having regard to the Opinion of the European                           moreover, it is evident from the conclusions worked
Parliament (*);                                                        out in UNCTAD that this offer, while being of a
                                                                       temporary nature, does not constitute a binding
                                                                       commitment and, in particular, may be withdrawn
Whereas within the framework of UNCTAD the                             wholly or in part at a later date ; whereas this
European Economic Community offered to grant                           possibility may be adopted inter alia with a view to
tariff preferences on finished and semi-finished                       remedying any unfavourable situations which might
products originating in developing countries ; whereas                 arise in the ACP States following the implementation
the preferential treatment proposed in that offer                      of the generalized preference scheme ;
covers, generally speaking, all finished and semi­
finished industrial products falling within Chapters                   Whereas, moreover, the conference of Heads of
25 to 99 of the Brussels Nomenclature and originating                  State or of Government of the Member States and
in developing countries ;                                              the States acceding to the European Communities
                                                                       held in Paris from 19 to 21 October 1972 invited the
                                                                       Community institutions and the Member States
Whereas, however, in respect of cotton textile
products formerly covered by the long-term                             progressively to adopt an overall policy of
arrangement regarding international trade in cotton
                                                                       development cooperation on a world-wide scale
textiles ( 2), the offer made by the Community lays                    comprising in particular the improvement of
down that the preferences, in the form of duty-free
                                                                       generalized preferences with the aim of achieving a
                                                                       steady increase in imports of manufactures from the
ceilings, will be granted to the countries benefiting
                                                                       developing countries ;
from generalized preferences which are signatories to
the long-term arrangement or possibly to those
 countries benefiting from generalized preferences                     Whereas, in accordance with Protocol 23 to the Act
 which undertake in respect of the Community                            of Accession (3 ) the generalized tariff preference
commitments similar to those existing under that                       scheme has been applicable in the new Member
 arrangement and for its duration ; whereas, having                    States since 1 January 1974 ;
particular regard to the link which Article 6 of the
long-term arrangements establishes between cotton
products and substitute products, it appears justified                  Whereas, for the various categories of textile
in these circumstances and by virtue of the fact that                   products in question, Council Regulation (EEC ) No
a total suspension of customs duties is involved to                     3001 /75 (4 ) of 17 November 1975 opening, allocating
include in the same scheme as that described above                      and providing for the administration of Community
those substitute textile products given in the                          tariff quotas for certain cotton textile and like
conditional list of partial and limited reductions of                  products originating in developing countries, and
 H OJ No C 257, 10 . 11 . 1975 , p . 30 .                               (8 ) OJ No L 73 , 27. 3 . 1972, p. 14 .
 (2 ) OJ No L 225 , 12. 10 . 1970, p . 29 .                             (4 ) See page 1 of this Official Journal.
 ---pagebreak---  29 . 11.75                                  Official Journal of the European Communities                                      35
Council Regulation (EEC) No 3002/75 (*) of                              view of the variety of the products concerned,
17 November 1975 opening preferential tariffs for                       calculations which are all the more problematic in
certain cotton textile and like products originating                    that the statistical data required sometimes prove to
in developing countries, put into effect the above­                     be incomplete or not sufficiently accurate or
mentioned       offer    for    1976      in  favour    of  those       representative ; whereas the time required for these
developing       countries       satisfying      the   conditions       calculations cannot be reconciled with the continuity
outlined above and listed in Annex B                    to  those       necessary for the application of the tariff preferences
Regulations ; whereas this measure has been taken                       concerned ; whereas, under these conditions, it would
on a transitional basis, the Commission counting                        be advisable still at this stage to adopt a fixed scale
on the countries thus concerned to take measures                        for allocating the Community tariff quotas concerned
ensuring that equivalent objectives are respected, at                   among the Member States ; whereas, on the basis of
least throughout 1976 as well, pending application                      general economic criteria, i.e. foreign trade in the
of the arrangement regarding international trade in                     textile sector, the gross national product and
textiles (2); whereas Yugoslavia for its part has                       population, the percentages for the initial shares of
entered into commitments similar to those made
                                                                        the Member States in the quota amounts are as
under the long-term arrangement ; whereas Yugos­                        follows for the quota year under consideration :
lavia should, therefore, also be granted the benefit
of tariff preferences for the textile products in
question and also for 1976 ; whereas, in order not
to affect the advantages which the present benefici­
aries enjoy for these products, separate ceilings at                            Germany                             27%
zero duty should be opened exclusively for products
                                                                                Benelux                             10%
originating in Yugoslavia ; whereas each of these
ceilings should under normal conditions be equal to
                                                                                France                              19%
the maximum amount fixed by Regulations (EEC)
No 3001 /75 and ( EEC) No 3002/75 for corresponding
products, with a lower limit of 10% and an upper                                Italy                               14%
limit of 100% of the quantities of the types of
                                                                                Denmark                              7%
products in question exported from Yugoslavia to
the Community in 1968 ;
                                                                                Ireland                              1%
                                                                                United Kingdom                      22%
Whereas the Community should, therefore, for the
period to 31 December 1976, open Community
duty-free tariff quotas in respect of the products listed
in the Annex to this Regulation up to the amounts                       Whereas, since the tariff quotas involved are
specified in metric tons for each of them ; whereas                     relatively small it appears possible, without affecting
the benefit of these tariff quotas should apply only                    the Community nature of the quotas under
to products originating in Yugoslavia, and the                          consideration, to provide at this stage for a utilization
concept of originating products should be determined                    scheme based on a single allocation among the
in accordance with the procedure laid down in                           Member States, especially since implementation of
Article 14 of Council Regulation (EEC) No 802/68                        the principle of setting up a reserve share can, in this
(3) of 27 June 1968 on the common definition of the                     particularly sensitive sector, take place only
concept of origin of goods ;                                            progressively and must remain attuned to the
                                                                        methods of administration laid down in the general
                                                                        framework of the generalized tariff preference
                                                                        scheme ; whereas such allocation could be made
Whereas a utilization scheme of Community tariff                        according to the percentages set out in the table
quotas among the Member States would appear to                          above ;
conform to the Community character of those
quotas ; whereas the application of the generally
accepted principles in respect of the allocation of the
Community tariff quotas which have been opened
until now entails, under these circumstances and in                     Whereas since the Kingdom of Belgium, the Kingdom
                                                                        of the Netherlands and the Grand Duchy of
                                                                        Luxembourg are united in and represented by the
                                                                        Benelux Economic Union for the allocation of the
                                                                        tariff quotas concerned, any measure concerning the
 (x ) See page 9 of this Official Journal.                              administration    of   the  shares  allocated   to   that
 (2 ) OJ No L 118 , 30 . 4 . 1974, p. 1 .                               Economic Union may be carried out by one of its
(3 ) OJ No L 148 , 28 . 6. 1968 , p. 1 .                                members,
 ---pagebreak---  36                                 Official Journal of the European Communities                            29 . 11.75
HAS ADOPTED THIS REGULATION :                                  2 . The extent to which the shares of Member States
                                                               have been actually filled shall be determined on the
                        Article 1                              basis of imports of the products which have been
                                                               entered for home use, and which are accompanied
 1 . From     1 January   to    31 December 1976     the       by a certificate of origin in accordance with the rules
Common Customs Tariff duties and the tariff duties             referred to in Article 1 (2).
of the new Member States on the products listed in
the Annex shall be totally suspended for Community             3 . Goods may qualify for a tariff quota only if the
tariff quotas up to the volume in metric tons                  certificate of origin referred to in paragraph 2 is
indicated in column 3 of that Annex in respect of              submitted before the date on which the levying of
each of those products.                                        duties is re-introduced.
2. The tariff quotas referred to in paragraph 1 shall
be granted only to products originating in Yugoslavia.                                  Article 4
For the purposes of this Regulation the concept of
originating products shall be determined in accord­
                                                               Member States shall       inform   the Commission     at
 ance with the procedure laid down in Article 14 of
Regulation (EEC) No 802/68 .                                   regular intervals of imports actually charged against
                                                               their shares .
                        Article 2
                                                                                        Article 5
The Community tariff quotas referred to in Article 1
( 1 ) shall be allocated among the Member States in
shares equal to the amounts indicated in column 4              Member States and the Commission shall cooperate
of the Annex in respect of each type of product.               closely to ensure that the preceding provisions are
                                                               observed .
                        Article 3
1 . The Member States shall ensure free access to                                      Article 6
the share which has been allocated to them for
importers of the products concerned who are                    This Regulation shall enter into force on 1 January
established on their territory.                                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--- 29. 11 . 75                               Official Journal of the European Communities                                           37
                                                              ANNEX
                 List of products originating in Yugoslavia covered by Community duty-free tariff quotas as
                                              part of the generalized tariff preferences
                                                                              Quota               Volume of shares allocated
            CCT                                                              volume
Order      heading                         Description                                              to Member States
                                                                            (in metric
  No         No                                                                tons)
                                                                                                      (in metric tons)
             (1)                               (2 )                              (3 )                       (4)
            55.05        Cotton yarn, not put up for retail sale :
                         B. Other :
                            II . Other :
                                 Measuring, per single yarn, per
                                 kg :
   1                             — 14 000 m or less                               79    Germany                               21-33
                                                                                        Benelux                                7-90
                                                                                        France                                15-01
                                                                                        Italy                                 11-06
                                                                                        Denmark                                5-53
                                                                                        Ireland                                0-79
                                                                                        United Kingdom                        17-38
   2                             — More than 14 000 m but not                 1413       Germany                             381-51
                                      more than 40 000 m                                 Benelux                             141-30
                                                                                        France                               268-47
                                                                                         Italy                               197-82
                                                                                         Denmark                              98-91
                                                                                         Ireland                              14-13
                                                                                         United Kingdom                      310-86
   3                             — More than 40 000 m but not                   485      Germany                             130-95
                                      more than 80 000 m                                 Benelux                              48-50
                                                                                         France                               92-15
                                                                                         Italy                                67-90
                                                                                         Denmark                              33-95
                                                                                         Ireland                               4-85
                                                                                         United Kingdom                      106-70
   4                             — More than 80 000 m but less                     71   Germany                               19-17
                                      than 120 000 m                                    Benelux                                7-10
                                                                                        France                                13-49
                                                                                        Italy                                  9-94
                                                                                        Denmark                                4-97
                                                                                        Ireland                                0-71
                                                                                        United Kingdom                        15-62
            55.09        Other woven fabrics of cotton :
                         A. Containing 85 % or more by weight
                            of cotton :
                             I. Of a width of less than 85 cm :
   5                             — Unbleached                                       42  Germany                               11-34
                                                                                        Benelux                                4-20
                                                                                        France                                 7-98
                                                                                        Italy                                  5-88
                                                                                        Denmark                                2-94
                                                                                        Ireland                                0-42
                                                                                        United Kingdom                         9-24
 ---pagebreak--- 38                              Official Journal of the European Communities                                    29. 11 . 75
         CCT
                                                                 Quota               Volume of shares allocated
                                 Description                     volume
 Order  heading                                                                        to Member States
  No      No
                                                               (in metric                (in metric tons)
                                                                  tons)
          (1 )                       (2)                           (3 )                        (4)
   6     55.09          — Other                                     126    Germanx                                 34-02
                                                                           Benelux                                  12-60
       (cont'd)                                                            France                                  23-94
                                                                           Italy                                    17-64
                                                                           Denmark                                   8-82
                                                                           Ireland                                   1-26
                                                                           United Kingdom                           27-72
                    II. Other :
   7                    — Unbleached, of a width of :
                           — 85 cm or more but not                1267     Germany                                342-09
                                more than 115 cm                           Benelux                                126-70
                                                                           France                                 240-73
                                                                           Italy                                  177-38
                                                                           Denmark                                  88-69
                                                                           Ireland                                  12-67
                                                                           United Kingdom                         278-74
   8                       — More than 115 cm but not                769   Germany                                207-63
                                more than 165 cm                           Benelux                                 76-90
                                                                           France                                 146-11
                                                                           Italy                                  107-66
                                                                           Denmark                                 53-83
                                                                           Ireland                                   7-69
                                                                           United Kingdom                         169-18
   9                       — More than 165 cm                        248   Germany                                 66-96
                                                                           Benelux                                 24-80
                                                                           France                                  47-12
                                                                           Italy                                   34-72
                                                                           Denmark                                 17-36
                                                                           Ireland                                   2-48
                                                                           United Kingdom                          54-56
                           Other :
  10                       — Printed                                    86 Germany                                 23-22
                                                                           Benelux                                   8-60
                                                                           France                                   16-34
                                                                           Italy                                    12-04
                                                                           Denmark                                   6-02
                                                                           Ireland                                   0-86
                                                                           United Kingdom                           18-92
  11                       — Other                                      86 Germany                                  23-22
                                                                           Benelux                                   8-60
               »
                                                                           France                                   16-34
                                                                           Italy                                    12-04
                                                                           Denmark                                   6-02
                                                                           Ireland                                   0-86
                                                                           United Kingdom                           18-92
         56.05   Yarn of man-made fibres (discontinuous
                 or waste), not put up for retail sale :
  12             B. Of regenerated textile fibres                    182   Germany                                  49-14
                                                                           Benelux                                  18-20
                                                                           France                                   34-58
                                                                           Italy                                    25-48
                                                                           Denmark                                  12-74
                                                                           Ireland                                    1-82
                                                                           United Kingdom                           40-04
 ---pagebreak--- 29. 11 . 75                         Official Journal of the European Communities                                      39
             CCT
                                                                      Quota            Volume of shares allocated
                                     Description                     volume
 Order      heading                                                                      to Member States
                                                                   (in metric
  No          No                                                                           (in metric tons)
                                                                      tons)
               1                         2)                             (3                        4
              56.07 Woven     fabrics   of    man-made  fibres
                    (discontinuous or waste) :
                    B. Of regenerated textile fibres :
  13                    — Printed                                      165    Germany                             44-55
                                                                              Benelux                             16-50
                                                                              France                              31-35
                                                                              Italy                               23-10
                                                                              Denmark                             11-55
                                                                              Ireland                              1-65
                                                                              United Kingdom                      36-30
  14                       Other                                       165    Germany                             44-55
                                                                              Benelux                             16-50
                                                                              France                              31-35
                                                                              Italy                               23-10
                                                                              Denmark                             11-55
                                                                              Ireland                               1-65
                                                                              United Kingdom                      36-30
          ex 60.03  Stockings, under stockings, socks, ankle­
                    socks, sockettes and the like, knitted or
                    crocheted, not elastic or rubberized :
  15                — Of cotton                                          24   Germany                              6-48
                                                                              Benelux                              2-40
                                                                              France                               4-56
                                                                              Italy                                3-36
                                                                              Denmark                              1-68
                                                                              Ireland                              0-24
                                                                              United Kingdom                       5-28
              60.04 Under garments, knitted or crocheted,
                    not elastic or rubberized :
  16                A. Of cotton                                       119    Germany                             32-13
                                                                              Benelux                             11-90
                                                                              France                              22-61
                                                                              Italy                               16-66
                                                                              Denmark                              8-33
                                                                              Ireland                               1-19
                                                                              United Kingdom                      26-18
              61.01 Men's and boys' outer garments :
  17                — Of cotton fabric                                   49   Germany                             13-23
                                                                              Benelux                              4-90
                                                                              France                               9-31
                                                                              Italy                                6-86
                                                                              Denmark                              3-43
                                                                              Ireland                              0-49
                                                                              United Kingdom                      10-78
  18                    Other                                          313    Germany                             84-51
                                                                              Benelux                             31-30
                                                                              France                              59-47
                                                                              Italy                               43-82
                                                                              Denmark                             21-91
                                                                              Ireland                              3-13
                                                                              United Kingdom                      68-86
 ---pagebreak--- 40                               Official Journal of the European Communities                                 29. 11 . 75
                                                                  Quota            Volume of shares allocated
          CCT                                                    volume
 Order   heading                  Description                                        to Member States
           No
                                                               (in metric              (in metric tons)
  No
                                                                   tons)
            (1)                        (2)                          (3 )                     (4)
           61.02 Women's,    girls'    and    infants' outer
                 garments :
  19             — Of cotton fabric                                 66    Germany                                17-82
                                                                          Benelux                                 6-60
                                                                          France                                 12-54
                                                                          Italy                                    9-24
                                                                          Denmark                                  4-62
                                                                          Ireland                                  0.66
                                                                          United Kingdom                         14-52
  20             — Other                                          126     Germany                                 34-02
                                                                          Benelux                                 12-60
                                                                          France                                  23-94
                                                                          Italy                                   17-64
                                                                          Denmark                                   8-82
                                                                          Ireland                                   1.26
                                                                          United Kingdom                          27-72
       ex 61.03  Men's and boys' under garments,
                 including collars, shirt fronts and cuffs :
  21             — Other than of cotton fabric                      66    Germany                                 17-82
                                                                          Benelux                                   6.60
                                                                          France                                  12-54
                                                                          Italy                                     9-24
                                                                          Denmark                                   4-62
                                                                          Ireland                                   0-66
                                                                          United Kingdom                          14-52
           62.02 Bed linen, table linen, toilet linen and
                 kitchen linen ; curtains and other
                 furnishing articles :
  22             — Of cotton fabric                                 55    Germany                                 14-85
                                                                          Benelux                                   5-50
                                                                          France                                  10-45
                                                                          Italy                                     7-70
                                                                          Denmark                                   3-85
                                                                          Ireland                                   0-55
                                                                          United Kingdom                          12-10
  23             — Other                                             7    Germany                                   1-89
                                                                          Benelux                                  0-70
                                                                          France                                    1-33
                                                                          Italy                                    0-98
                                                                          Denmark                                  0-49
                                                                          Ireland                                  0-07
                                                                          United Kingdom                           1-54