CELEX: 31975R3014
Language: en
Date: 1975-11-17 00:00:00
Title: Regulation (EEC) No 3014/75 of the Council of 17 November 1975 opening, allocating and providing for the administration of a Community tariff quota for preserved pineapples, in slices, half slices or spirals, originating in developing countries

29 . 11 . 75                         Official Journal of the European Communities                                     153
                                  REGULATION (EEC) No 3014/75 OF THE COUNCIL
                                                    of 17 November 1975
                  opening, allocating and providing for the administration of a Community tariff quota
                   for preserved pineapples, in slices, half slices or spirals, originating in developing
                                                           countries
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         in view of the sensitiveness of the preserved fruit and
                                                                   vegetable sector generally and of the need to safeguard
  Having regard to the Treaty establishing the Euro­                the interests of the ACP States in this field, to lay
 pean Economic Community, and in particular Article                 down for preserved pineapples, in slices, half slices or
  43 thereof;                                                      spirals, special conditions consisting in a reduction of v
                                                                   the customs duty applicable to that product within
                                                                   the limits of a Community tariff quota ;
 Having         regard    to   the   proposal    from    the
   Commission (*);
                                                                   Whereas the offer made by the Community includes
 Having regard to the Opinion of the European                      a clause stating that the Community drew up the
 Parliament;                                                       offer on the assumption that all the main industrial­
                                                                   ized countries which are members of the OECD
  "Whereas in the Joint Declaration of Intent (2 ) on              would participate in granting preferences and would
 the development of trade relations with Sri Lanka,                make similar efforts in this direction; whereas, more­
 India, Malaysia, Pakistan and Singapore, the Com­                 over, it is evident from the conclusions worked out
 munity declared its readiness to seek solutions to                in UNCTAD that this offer, while being of a tem­
 the problems which may arise in the field of trade                porary nature, does not constitute a binding commit­
 with the countries referred to ;                                  ment and, in particular, may be withdrawn wholly
                                                                   or in part at a later date ; whereas this possibility
                                                                   may be adopted inter alia with a view to remedying
 Whereas in respect of several Asian countries of the
                                                                   any unfavourable situations which might arise in the
 Commonwealth and particularly as regards Malaysia
                                                                   ACP States following the implementation of the
 preserved pineapples are an important export product
                                                                   generalized preference scheme ;
 and the flow of trade in such products is likely to be
 changed as a result of the enlargement of the Com­
 munity ; whereas the system of generalized tariff                Whereas tariff preferences have been applied as from
 preferences may constitute a solution to the problems            the second half of 1971 ; whereas it is expedient to
 of this nature; whereas certain forms of preserved                continue to apply them throughout 1976 ;
 pineapples should therefore be included in the system
 of generalized preferences ;
                                                                  Whereas it is expedient, therefore, that the Com­
 Whereas, within the context of UNCTAD , the Euro­                munity should open for 1976 in respect of the said
pean Economic Community offered to grant tariff                   products, originating in the countries and territories
preferences on certain processed agricultural products            listed in the Annex, a Community tariff quota limited
of Chapters 1 to 24 of the Common Customs Tariff                  to 28 000 metric tons and at a customs duty of
originating in developing countries ; whereas the                 15 % , increased by the levy on sugar where the sugar
preferential treatment proposed in that offer consists,           content exceeds 17% by weight in the case of
in respect of certain goods which are subject to the              products falling within subheading ex 20.06 B II a)
trade arrangements laid down in Regulation (EEC)                  5 aa), and 19% by weight in the case of products
No 1059/69, of a reduction in the fixed component                 falling within subheading ex 20.06 B II b ) 5 aa);
 of the charge applicable to such goods by virtue of
that Regulation, and, in respect of products which are
 subject to the single customs duty, of a reduction in            Whereas, in accordance with Protocol 23 to the Act
such duty; whereas preferential imports of the prod­              of Accession (3) the generalized tariff preference
ucts concerned could be effected without quantitative             scheme became fully applicable in the new Member
restrictions ; whereas it appears appropriate, however,           States on 1 January 1974;
H OJ No C 257, 10. 11 . 1975, p. 30.
(2) OJ No L 73 , 27. 3 . 1972, p. 195.                            (3) OJ No L 73 , 27. 3 . 1972, p. 14.
 ---pagebreak--- 154                                     Official Journal of the European Communities                              29 . 11.75
Whereas, for the said products, this scheme would,                          Germany                          35-1%
however, involve the application in the new Member                          Benelux                          13-0%
States in 1976 of customs duties higher than or very
close to those which will be applied by the new                             France                            1-0%
Member States to non-member countries in general
                                                                            Italy                             2-8%
on the basis of the provisions of the abovementioned
Act; whereas this situation would comply neither                            Denmark                           2-7%
with the spirit nor with the very nature of the general­
ized preference scheme ; whereas, in order to main­                         Ireland                            1-0%
tain an equivalent preferential margin for these prod­                      United Kingdom                   44-4%
ucts also, reduced customs duties should be applied
to them, in accordance with detailed rules based on
the principle of maintaining, in the new Member                    Whereas, without affecting the Community nature of
States, a preference proportional to that which exists
between the duties of the Common Customs Tariff                    the tariff quota under consideration, it appears poss­
                                                                   ible to provide temporarily for a utilization scheme
and the duties given in Article 1 to this Regulation ;             based on a single allocation among the Member
whereas, with a view to granting the beneficiary                   States ; whereas, moreover, the allocation set out by
developing countries the best possible treatment, in
                                                                   this Regulation in no way prejudices the possibility
accordance with the objectives of the preference
scheme, the duties given in the abovementioned
                                                                   of adopting the general method of allocation of
                                                                   Community tariff quotas comprising the setting up of
Article 1 should also be applied wherever the duties               a reserve share ; whereas at this transitional stage
calculated according to the abovementioned detailed
                                                                   it appears feasible that such allocation could be made
 rules prove to be higher than them ;
                                                                   according to the percentage set out in the above
                                                                   table ;
Whereas the benefit of this tariff quota should be
 reserved for products originating in the countries and            Whereas the percentage for the shares of the Member
 territories under consideration, the concept of                   States in the Community tariff quotas, in view of
 'originating products' being determined in accordance              their duration and their amount, does not appear in
 with the procedure laid down in Article 14 of Coun­                this instance to compromise the equal access for
 cil Regulation (EEC) No 802/68 (*) of 27 June 1968                 Community importers to Community tariff quotas ;
 on the common definition of the concept of the origin             whereas for this same reason it would appear expedi­
 of goods ;                                                         ent 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                    Whereas since the Kingdom of Belgium, the King­
 abovementioned quota and the uninterrupted appli­                  dom of the Netherlands and the Grand Duchy of
 cation of the rate laid down for this quota to all                 Luxembourg are united in and represented by the
 imports of the products concerned into all Member                  Benelux Economic Union, all transactions concern­
 States until this quota is used up ; whereas having                ing the administration of the share allocated to that
 regard to the principles set out above, the Com­                   Economic Union may be carried out by any one of
 munity nature of the quota can be respected by                     its members,
 allocating the Community tariff quota among
 Member States; whereas, moreover, to this end and
 in the context of the utilization system, the actual               HAS ADOPTED THIS REGULATION :
 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 ;                                               Article 1
 Whereas on the basis of the statistical data available              1 . From 1 January to 31 December 1976 a Com­
  which cover only a relatively brief period and                     munity tariff quota of 28 000 metric tons shall be
  whereas they should be weighted on the basis of the                opened by the Community for the imports of
  estimates which may be made for the quota year,                    preserved pineapples in slices, half slices or spirals,
  the percentage of the shares of the quota amount                   falling within the following subheadings of the
  may be drawn up as follows :                                       Common Customs Tariff : ex 20.06 B II a) 5 , ex 20.06
                                                                     B II b ) 5, ex 20.06 B II c) 1 dd) and ex 20.06 B II c)
                                                                     2 bb). Within this tariff quota the customs duty shall
                                                                     be suspended at 15% , increased by the levy on sugar
  (!) OJ No L 148, 28 . 6. 1968, p. 1 .                              where the sugar content exceeds 17% by weight in
 ---pagebreak--- 29 . 11 . 75                          Official Journal of the European Communities                                  155
the case of products falling within subheading                                             Article 3
ex 20.06 B II a) 5 aa), and 19% by weight in the case
of products falling within subheading ex 20.06 B II              1 . The Member States shall ensure free access to
b) 5 aa).                                                        each of the shares which have been allocated to them
                                                                for importers of the products concerned who are
                                                                 established on their territory.
On importation into Denmark, Ireland and the United
Kingdom, there shall be applied to the abovemen­                2 . The extent to which the shares of Member States
tioned products the customs duty obtained by multi­             have been actually filled shall be determined on the
plying, by a coefficient equal to the margin of pre­            basis of imports of the said goods which have been
ferences existing between the duty of 15% given in              entered for home use, and which are accompanied
paragraph 1 and the Common Customs Tariff                       by a certificate of origin in accordance with the rules
duties applicable, the duties obtained by reducing by            referred to in Article 1 (2).
60% the difference between the lowest duty applied
on 1 January 1972 to the developing countries set
out in the Annex and the Common Customs Tariff.                 3 . Goods may qualify for a tariff quota only if the
                                                                certificate of origin referred to in paragraph 2 is
                                                                submitted before the date on which the levying of
                                                                 duties is re-introduced .
However, the duty of 15% given in the first subpara­
graph shall be applied when the customs duty
resulting from the abovementioned calculation is
                                                                                          Article 4
higher than it.
                                                                Member States shall         inform   the Commission  at
2. The benefit of this tariff quota shall be reserved           monthly intervals     of imports of the products in
for the products originating in the countries and               question actually    charged against their shares. This
territories listed in the Annex. However, the imports           information shall    cover both the value expressed in
already benefiting from exemption customs duties                units of account     and quantity expressed in metric
                                                                tons .
under another preferential tariff scheme granted by
the Community shall not be charged to this quota.
                                                                                          Article 5
For the purposes of implementing this Regulation the
concept of originating products shall be determined             If the Community should find that the products
in accordance with the procedure laid down in                   benefiting under the arrangements provided for in
Article 14 of Regulation (EEC) No 802/68 .                      Article 1 are being imported into the Community
                                                                in quantities or at prices such as to put or be likely
                                                                to put Community producers of similar or directly
                                                                competitive products at a serious disadvantage or to
                         Article 2                              create an unfavourable situation in the ACP States,
                                                                the customs duties applied within the Community
                                                                may be re-introduced in part or in full for imports
The Community tariff quotas mentioned in Article 1              of the products in question from the country or
shall be allocated in shares which in respect of each           countries or territory or territories which are the
Member State shall       be of the amount indicated             cause of such disadvantage. Such measures may also
below :                                                         be taken in the event of a serious disadvantage,
                                                                either actual or foreseeable, which is confined to a
                                                                single region of the Community.
          Germany               9 820 metric tons
          Benelux               3 640 metric tons
                                                                                         Article 6
         France                   280 metric tons
                                                                1 . In order to ensure that Article 5 is applied, the
         Italy                     780 metric tons              Commission may, by way of a Regulation, re-intro­
                                                                duce Common Customs Tariff duties for a fixed
         Denmark                   770 metric tons
                                                                period.
         Ireland                   280 metric tons
                                                                2. If the Commission has acted at the request of
         United Kingdom        12 430 metric tons               a Member State, the former shall give its decision
 ---pagebreak--- 156                                Official Journal of the European Communities                             29 . 11 . 75
within a maximum period of 10 working days from                                      Article 7
the date of receipt of the request and shall inform the
Member State of the action taken .                            The provisions of Articles 5 and 6 shall not prejudice
                                                              the application of the safeguard clauses drawn up
                                                              in connection with the common agricultural policy
3 . Each Member State may refer the measure taken             pursuant to Article 43 of the Treaty or those drawn
by the Commission to the Council within a period              up in connection with the common commercial
of 10 working days following the date it was notified.        policy pursuant to Article 113 of the Treaty.
The fact that the matter has been referred to the
Council shall not constitute the suspension of the                                   Article 8
measure. The Council shall meet without delay.
Acting on a qualified majority, it may amend or               This Regulation shall enter into force on 1 January
repeal the measure in question.                               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                               157
                                                        ANNEX
                   List of developing countries and territories enjoying generalized tariff preferences
                                              INDEPENDENT COUNTRIES
Afghanistan                               Haiti                                     Qatar
Algeria                                   Honduras                                  Romania
Argentina                                 India                                     Rwanda
Bahamas                                   Indonesia                                 Saudi Arabia
Bahrain                                   Iran                                      Senegal
Bangladesh                                Iraq                                      Sierra Leone
Barbados                                  Ivory Coast                               Singapore
Bhutan                                    Jamaica                                   Somalia
Bolivia                                   Jordan                                    Sri Lanka
Botswana                                  Kenya                                     Sudan
Brazil                                    Khmer Republic                            Surinam
Burma                                     Korea (South)                             Swaziland
Burundi                                   Kuwait                                    Syria
Cameroon                                  Laos                                      Tanzania
Cape Verde Islands                        Lebanon                                   Thailand
Central African Republic                  Lesotho
                                                                                    Togo
Chad                                      Liberia
                                                                                    Tonga
Chile                                     Libya                                     Trinidad and Tobago
Colombia                                  Malagasy Republic                         Tunisia
Congo, People's Republic of               Malawi
                                                                                    Uganda
Costa Rica                                Malaysia                                  United Arab Emirates :
Cuba                                      Maldive Islands                                Abu Dhabi
Cyprus                                    Mali                                           Dubai
Dahomey                                   Mauritania                                     Ras al Khaimah
Dominican Republic                        Mauritius                                      Fujairah
Ecuador                                   Mexico
                                                                                         Ajman
Egypt, Arab Republic of                   Morocco                                        Sharjah
El Salvador                               Nauru                                          Ummal Qaiwain
Equatorial Guinea                         Nepal                                     Upper Volta
Ethiopia                                  Nicaragua                                 Uruguay
Fiji                                      Niger                                     Venezuela
Gabon                                    Nigeria                                    Vietnam, Republic of
Gambia                                    Oman                                      Western Samoa
Ghana                                    Pakistan                                   Yemen, People's Democratic
Grenada                                  Panama                                     Republic of
Guatemala                                 Papua New Guinea                          Yemen Arab Republic
Guinea                                   Paraguay                                   Yugoslavia
Guinea Bissau                            Peru                                       Zaire
Guyana                                   Philippines                                Zambia
 ---pagebreak--- 158                               Official Journal of the European Communities                                          29 . 11.75
                                           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, Desroches)
    British Pacific Ocean (x)
    Brunei
    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 McDonald Islands
    Hong Kong
    Leeward Islands (2)
    Macao
    Mozambique
    Netherlands Antilles
    New Caledonia and Dependencies
    Norfolk Island
    Pacific Islands administered by the United States of America or under United States trusteeship (3)
    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
    Territories for which New Zealand is responsible ( Cook Islands, Niue Island, Tokelau Islands
          and Ross Dependency)
    Turks and Caicos Islands
    Virgin Islands of the United States (St Croix, St Thomas, St John, etc.)
    Wallis and Futuna Islands
    Windward Islands (4)
    Note: The above lists may be amended subsequently to take account of changes in the inter­
              national status of countries or territories .
    f1) Gilbert Islands, Tuvalu, British Solomon Islands, New Hebrides Condominium , and Pitcairn Islands.
     (!) 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, St Lucia, St Vincent. '