CELEX: 31974R3058
Language: en
Date: 1974-12-02 00:00:00
Title: Regulation (EEC) No 3058/74 of the Council of 2 December 1974 opening, allocating and providing for the administration of a Community tariff quota for raw or unmanufactured flue-cured Virginia type tobacco originating in developing countries

No L 329/ 150                           Official Journal of the European Communities                              9 . 12 . 74
                                  REGULATION (EEC) No 3058/74 OF THE COUNCIL
                                                      of 2 December 1974
              opening, allocating and providing for the administration of a Community tariff quota
              for raw or unmanufactured flue-cured Virginia type tobacco originating in developing
                                                           countries
THE COUNCIL OF THE EUROPEAN                                        appropriate, however, in view of the sensitiveness of
 COMMUNITIES ,                                                     the tobacco sector generally and of the need to
                                                                   safeguard the interests of the associated countries in
Having regard to the Treaty establishing the Euro­                 this field, to lay down for raw or unmanufactured
pean Economic Community, and in particular                         flue-cured Virginia type tobacco special conditions
Article 43 thereof;                                                consisting in a reduction of the customs duty
                                                                   applicable to that product within the limits of a
Having regard to the proposal from the Commission ;                Community tariff quota ;
Having regard to the Opinion of the European                       Whereas the offer made by the Community includes
Parliament;                                                        a clause stating that the Community drew up the
                                                                   offer on the assumption that all the main industrial­
Whereas in the Joint Declaration of Intent (*) on the              ized countries which are members of the OECD
development of trade relations with Sri Lanka, India,              would participate in granting preferences and would
Malaysia, Pakistan and Singapore, the Community                    make similar efforts in this direction ; whereas, more­
declared its readiness to seek solutions to the                    over, it is evident from the conclusions worked out in
problems which may arise in the field of trade with                UNCTAD that this offer, while being of a temporary
the countries referred to ;                                        nature, does not constitute a binding commitment
                                                                   and, in particular, may be withdrawn wholly or in
Whereas, on the one hand, for several Asian countries              part at a later date ; whereas this possibility may be
of the Commonwealth and particularly India, the                    adopted, inter alia, with a view to remedying any
type of unmanufactured tobacco concerned is an im­                 unfavourable situations which might arise in the
portant export product and the flow of trade in such               associated countries following the implementation of
products is likely to be changed as a result of the                the generalized preference scheme ;
enlargement of the Community and, on the other hand,
these countries are among the worst hit by the present             Whereas tariff preferences have been applied as from
economic crisis ; whereas the system of generalized                the second half of 1971 ; whereas, however, for the
tariff preferences may constitute a solution to the                type of tobacco in question the said system of tariff
problems of this nature and whereas this type of                   preferences have been made applicable in 1974 as a
tobacco should exceptionally be included for a                     transitional measure and it is appropriate to continue
transitional period in the system of generalized prefe­             this system for 1975 ;
rences ;
                                                                   Whereas it is expedient, therefore, that the Com­
                                                                   munity should open for 1975, for raw or unmanu­
Whereas, within the context of UNCTAD, the                          factured flue-cured Virginia type tobacco, originating
European Economic Community offered to grant                        in the countries and territories listed in the Annex,
tariff preferences on certain processed agricultural               a Community tariff quota limited to 30 000 metric
products of Chapters 1 to 24 of the Common Customs                 tons, at a customs duty rate of 11-5% with a
Tariff which originate in developing countries ;                   minimum charge of 14 units of account and a maxi­
whereas the preferential treatment proposed in that                mum charge of 16-5 units of account per 100 kilo­
offer consists, in respect of certain goods which are              grammes net weight;
subject to the trade arrangements laid down in
Regulation (EEC) No 1059/69, of a reduction in the                 Whereas, in accordance with Protocol 23 to the Act
fixed component of the charge applicable to such                   of Accession (2 ), the generalized tariff preference
goods by virtue of that Regulation, and, in respect                scheme became fully applicable in the new Member
of products which are subject to the single customs                States on 1 January 1974 ;
duty, of a reduction in such duty; whereas preferential
imports of the products concerned could be effected                Whereas, for the product concerned, this scheme
without quantitative restrictions ; whereas it appears             would, however, involve the application in the new
 (*) OJ No L 73 , 27. 3 . 1972, p. 195.                            (2) OJ No L 73 , 27. 3 . 1972, p. 178 .
 ---pagebreak--- 9 . 12 . 74                              Official Journal of the European Communities                         No L 329/ 151
Member States in 1975 of customs duties higher than                         Germany               2 765 metric tons
or very close to those which will be applied by the
                                                                            Benelux               2 419 metric  tons
new Member States to non-member countries in
general on the basis of the provisions of the above­                        France                   662 metric tons
mentioned Act ; whereas this situation would comply
neither with the spirit nor with the very nature of the                     Italy                 2 000 metric  tons
generalized preference scheme ; whereas , in order to                       Denmark               1 588 metric  tons
maintain an equivalent preferential margin for these
products also, reduced customs duties should be                             Ireland                1 171 metric tons
applied to them, in accordance with detailed rules
based on the principle of maintaining, in the new                           United Kingdom       19 395 metric  tons
Member States, a preference proportional to that
which exists between the duties of the Common
Customs Tariff and the duties given in Article 1 of                 Whereas, without affecting the Community nature
this Regulation ; whereas, with a view to granting the              of the tariff quota under consideration, it appears
beneficiary developing countries the best possible                  possible to provide temporarily for a utilization
treatment, in accordance with the objectives of the                 scheme based on a single allocation among the
preference scheme, the duties given in the above men­               Member States ; whereas, moreover, the allocation set
tioned Article 1 should also be applied wherever the                out by this Regulation in no way prejudices the possi­
duties calculated according to the abovementioned                   bility of adopting the general method of allocation of
detailed rules prove to be higher than them ;                       Community tariff quotas comprising the setting up of
                                                                    a reserve share ; whereas at this transitional stage it
                                                                    appears feasible that such allocation could be made
                                                                    according to the amounts set out above ;
Whereas the benefit of this tariff quota should be
reserved for products originating in the countries and
territories under consideration, the concept of
'originating products' being determined in accordance               Whereas the shares of the Member States in the
with the procedure laid down in Article 14 of                       Community tariff quota, in view of its duration and
Council Regulation (EEC) No 802/68 (*) of 27 June                   its amount, does not appear in this instance to
 1968 on the common definition of the concept of                    compromise the equal access for Community im­
the origin of goods ;                                               porters to Community tariff quotas ; whereas for
                                                                    this same reason it would appear expedient to allow
                                                                    each Member State to choose the system for
                                                                    administering its share;
Whereas it is necessary to ensure equal and contin­
uous access for all Community importers to the
 abovementioned quota and the uninterrupted appli­                  Whereas since the Kingdom of Belgium, the
 cation of the rate laid down for this quota to all                  Kingdom of the Netherlands and the Grand Duchy
 imports of the products concerned into all Member                  of Luxembourg are united in and represented by the
 States until this quota is used up ; whereas, having               Benelux Economic Union, all transactions concerning
 regard to the principles set out above, the Com­                    the administration of the share allocated to that
 munity nature of the quota can be respected by                      Economic Union may be carried out by any one of
 allocating the Community tariff quota among Mem­                    its members,
 ber States ; whereas, moreover, to the end and in
 the context of the utilization system, the actual
 charges against the quota may relate only to products
 which have been entered for home use and which
 are accompanied by a certificate of origin ;                        HAS ADOPTED THIS REGULATION :
 Whereas, on the basis of the available statistical data                                     Article 1
 which cover only a relatively brief period and whereas
 they should be weighted on the basis of the estimates
 which may be made in respect of the quota year, the                 1 . From 1 January to 31 December 1975 a Commu­
 shares in the quota amount may be set out as                        nity tariff quota of 30 000 metric tons shall be
 follows :                                                           opened in the Community for the imports of raw or
                                                                     unmanufactured flue-cured Virginia type tobacco
                                                                     falling under subheading ex 24.01 B of the Common
                                                                     Customs Tariff. Within this tariff quota the
 i1) OJ No L 148 , 28 . 6. 1968 , p. 1 .                             customs duty shall be suspended at 11*5 % with
 ---pagebreak--- No L 329/ 152                      Official Journal of the European Communities                                9 . 12. 74
a minimum charge of 14 units of account and a                          Germany                2 765 metric tons,
maximum charge of 16-5 units of account per 100                       Benelux                 2 419 metric tons,
kilogrammes net weight.                                                France                   662 metric tons,
                                                                      Italy                   2 000 metric tons,
On importation into Denmark, Ireland and the                          Denmark                 1 588 metric tons,
United Kingdom, there shall be applied the customs
duties determined by multiplying, by a coefficient­                   Ireland                 1 170 metric tons,
equal to the margin of preferences existing between                   United Kingdom        19 395 metric tons .
the duty given in the first subparagraph and the
Common Customs Tariff duties applicable, the duties                                     Article 3
obtained by reducing by 60% the difference between
                                                              1 . The Member States shall ensure free access to
the lowest duty applied on 1 January 1972 to the
                                                              the share which has been allocated to them for
developing countries set out in the Annex and the
Common Customs Tariff.                                        importers of the products concerned who are
                                                              established on their territory.
However, the duties given in the first subparagraph
                                                              2 . The extent to which the shares of Member States
shall be applied where the duties resulting from the
abovementioned calculation are higher than them.              have been actually filled shall be determined on the
                                                              basis of imports of the said goods which have been
                                                              entered for home use, and which are accompanied
2. This tariff quota shall apply solely to products           by a certificate of origin in accordance with the rules
originating in the countries and territories listed           referred to in Article 1 (2).
in the Annex. However, those imports which enjoy
exemption from customs duties under other pre­
ferential tariff arrangements granted by the Commu­           3 . Goods may qualify for a tariff quota only if the
nity may not be charged against this tariff quota.            certificate of origin referred to in paragraph 2 is
                                                              submitted before the date on which the levying of
                                                              duties is re-introduced .
For the purposes of the application of this Regulation
the concept of 'originating products ' shall be de­                                     Article 4
termined in accordance with the procedure laid down
in Article 14 of Regulation (EEC) No 802/68 .                 Member States shall        inform the   Commission       at
                                                              monthly intervals of imports of the said goods
Entry to this tariff quota shall be subject to the            actually charged against their shares . This information
production of a certificate of authenticity appearing         shall show both the value expressed in units of
in the certificate of origin and made out in                  account and the quantity expressed in metric tons .
in accordance with the procedure referred to in the
second subparagraph.                                                                    Article 5
                                                              Member States and the Commission shall cooperate
                                                              closely to ensure that the above Articles are observed .
                        Article 2
                                                                                        Article 6
The Community tariff quota mentioned in Article 1
shall be allocated in shares which, for each Member           This Regulation shall enter into force on 1 January
State, shall be of the amount indicated below.                1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 2 December 1974.
                                                                                   For the Council
                                                                                    The President
                                                                                J. SAUVAGNARGUES
 ---pagebreak--- 9 . 12 . 74                        Official Journal of the European Communities                           No L 329/ 153
                                                       ANNEX
                  List of developing countries and territories enjoying generalized tariff preferences
                                          INDEPENDENT COUNTRIES
Afghanistan                              Honduras                                  Qatar
Algeria                                  India                                     Rwanda
Argentina                                Indonesia                                 Saudi Arabia
Bahamas                                  Iran                                      Senegal
Bahrain                                  Iraq                                      Sierra Leone
Bangladesh                               Ivory Coast                               Singapore
Barbados                                 Jamaica                                   Somalia
Bhutan                                   Jordan                                    Sri Lanka
Bolivia                                  Kenya                                     Sudan
Botswana                                 Khmer Republic                            Swaziland
Brazil                                   Korea (South)                             Syria
Burma                                    Kuwait                                    Tanzania
Burundi                                  Laos                                      Thailand
Cameroon                                 Lebanon                                   Togo
Central African Republic                 Lesotho                                   Tonga
Chad                                     Liberia                                   Trinidad and Tobago
Chile                                    Libya                                     Tunisia
Colombia                                  Malagasy Republic                        Uganda
Congo, People's Republic of              Malawi                                    United Arab Emirates :
Costa Rica                               Malaysia                                        Abu Dhabi
Cuba                                     Maldive Islands                                 Dubai
Cyprus                                   Mali                                            Ras al Khaimah
Dahomey                                  Mauritania                                      Fujairah
Dominican Republic                        Mauritius                                      Ajman
Ecuador                                   Mexico                                         Sharjah
Egypt, Arab Republic of                   Morocco                                        Ummal Qaiwain
El Salvador                              Nauru                                     Upper Volta
Equatorial Guinea                         Nepal                                    Uruguay
Ethiopia                                  Nicaragua                                Venezuela
Fiji                                      Niger                                    Vietnam, Republic of
Gabon                                     Nigeria                                   Western Samoa
Gambia                                    Oman                                      Yemen, People's Democratic
Ghana                                     Pakistan                                  Republic of
Guatemala                                 Panama                                   Yemen Arab Republic
Guinea                                    Paraguay                                 Yugoslavia
Guyana                                    Peru                                     Zaire
Haiti                                     Philippines                              Zambia
 ---pagebreak--- No L 329/154                              Official Journal of the European Communities                                                9. 12. 74
                                                   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)
           Angola (including Cabinda)
           Australian Antarctic Territory
           Belize
           Bermuda
           British Antarctic Territory
           British Indian Ocean Territory (Aldabra, Farquhar, Chagos Archipelago , Des Roches )
           British Pacific Ocean (*)
           Brunei
           Cape Verde Islands
           Cayman Islands and Dependencies
           Christmas Island
           Cocos (Keeling) Islands
           Comoro Archipelago
           Corn Islands and Swan Islands
           Falkland Islands and Dependencies
           French Polynesia
           French Southern and Antarctic Territories
           Gibraltar
           Heard Island and MacDonald Islands
            Hong Kong
           Leeward Islands (2)
            Macao
            Mozambique
            Netherlands Antilles
            New Caledonia and Dependencies
            Norfolk Islands
            Pacific Islands administered by the United States of America or under United States trusteeship (3)
            Papua-New Guinea
            Portuguese Guinea
            Portuguese Timor
            St Helena (including Ascension, Gough Island, and Tristan da Cunha)
            Saint Pierre and Miquelon
            Sao Tome and Principe
            Seychelles (including Amirantes)
            Sikkim
            Spanish territories in Africa
            Surinam
            Territories for which New Zealand is responsible (Cook Islands, Niuwe Island, Tokelau Islands
                  and Ross Dependency)
            Turks and Caocos 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 and Ellice Islands, British Solomon Islands , New Hebrides Condominium, and Pitcaira Islands .
             (2) Antigua , Montserrat, St Kitts-Nevis-Anguilla , British Virgin Islands .
             (3) 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 , Grenada, St Lucia , St Vincent.