CELEX: 31974R3046
Language: en
Date: 1974-12-02 00:00:00
Title: Regulation (EEC) No 3046/74 of the Council of 2 December 1974 opening preferential tariffs for certain cotton textile and like products originating in developing countries

9 . 12 . 74                        Official Journal of the European Communities                            No L 329 /9
                               REGULATION (EEC) No 3046/74 OF THE COUNCIL
                                                  of 2 December 1974
                opening preferential tariffs for certain cotton textile and like products originating in
                                                  developing countries
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                     those countries which undertake vis-a-vis the Com­
                                                                 munity commitments similar to those existing under
                                                                that arrangement and for the duration of the said
  Having regard to the Treaty establishing the Euro­            arrangement ; whereas the arrangement expired on
  pean Economic Community ;                                     30 September 1973 and was extended to
                                                                31 December 1973 ; whereas, as in 1974 and on
                                                                a transitional basis, it may be anticipated that the
  Having regard to the proposal from the Commission ;           countries concerned thereby will, for 1975, adopt
                                                                measures with equivalent aims, pending application
  Whereas, within the context of UNCTAD, the Euro­              of the arrangement regarding international trade in
 pean Economic Community offered to grant tariff                textiles (*); whereas it is apparent that only imports
  preferences on finished and semi-finished products            from these countries are to form the basis for cal­
  coming from developing countries ; whereas the pre­           culating the abovementioned ceilings ; whereas, with
  ferential treatment proposed in that offer covers,            particular regard to the link which Article 6 of the
 generally speaking, all finished and semi-finished in­         said long-term arrangement establishes between
  dustrial products covered by Chapters 25 to 99 of             cotton products and substitute products, it appears
 the Brussels Nomenclature which originate in devel­            justified in these circumstances and by virtue of the
 oping countries ; whereas the preference consists in           fact that a total suspension of customs duties is
 the granting of exemption from customs duties ;                involved to include in the same scheme as that
 whereas preferential imports are effected up to the            described above those substitute textile products
 level of ceilings calculated by value in respect of            given in the conditional list of partial and limited
 each product on the basis of factors which are                 reductions of customs duties deposited with GATT
 uniform for all the products ; whereas, in order that          by the Community during the last series of tariff
 the preferences granted to the most competitive                negotiations ; whereas, moreover, in view of the
 developing country or countries should be restricted           special nature which trade in the products concerned
 and that a substantial share should be reserved for            may have, it appears expedient to calculate in terms
 the least competitive, preferential imports from any           of tonnages the ceilings for preferential imports of
 one developing country in respect of a given product           such products ;
 should not, as a general rule, exceed 50% of the
 ceiling fixed for that product;
                                                                Whereas the offer made by the Community includes
                                                                a clause stating that the Community drew up the
Whereas, in the offer made by the Community, the                offer on the assumption that all the main industrial­
 annual ceilings should normally be calculated on the           ized countries which are members of the OECD
 basis of the total value for 1968 of cif imports from          would participate in granting preferences and would
the countries benefiting from this scheme, excluding            make similar efforts in this direction; whereas, more­
those already enjoying various preferential tariff             over, it is evident from the conclusions worked out
 arrangements granted by the Community (basic                  in UNCTAD that this offer, while being of a tem­
amount) plus 5% of the value of cif imports from               porary nature, does not constitute a binding commit­
the other countries and from countries already                 ment and, in particular, may be withdrawn wholly
 enjoying such arrangements ( additional amount);              or in part at a later date ; whereas this possibility
                                                               may be adopted inter alia with a view to remedying
                                                               any unfavourable situations which might arise in
Whereas, however, in respect of cotton textile products        the associated countries following the implemen­
formerly covered by the long-term arrangement regar­           tation of the generalized preference scheme ;
ding international trade in cotton textiles, the offer
made by the Community lays down that the pref­
erences, in the form of duty-free ceilings ordinarily          Whereas, moreover, the conference of Heads of
calculated according to the formula set out in the             State or of Government of the Member States and
preceding recital, will be granted to the countries
enjoying generalized preferences which are signato­
ries to the long-term arrangement or possibly to               (!) OJ No L 118 , 30. 4. 1974, p. 1 .
 ---pagebreak--- No L 329/ 10                            Official Journal of the European Communities                            9 . 12. 74
the States acceding to the European Communities                    tration based on the charging, at Community level,
held in Paris from 19 to 21 October 1972 invited                   against the abovementioned ceilings and maximum
the Community institutions and Member States                       amounts, of imports of the products concerned as
progressively to adopt an overall policy of develop­               and when these products are presented for customs
ment cooperation on a world-wide scale comprising                  clearance under cover of declarations that they have
in particular the improvement of generalized pref­                 been entered for home use and accompanied by
erences with the aim of achieving a steady increase                a certificate of origin ; whereas this method of
in imports of manufactures from the developing                     administration must make provision for the
countries ;                                                        re-introduction of customs duties as soon as the said
                                                                   ceilings or maximum amounts are reached at Com­
                                                                   munity level ;
Whereas tariff preferences have been applied from
the second half of 1971 under the conditions set out
above and whereas these preferences should con­                    Whereas such method of administration calls for
tinue to be applied throughout 1975 ;                              very close and particularly rapid cooperation be­
                                                                   tween Member States and the Commission, which
                                                                   must, in particular, be able to observe the extent to
Whereas, in accordance with Protocol 23 to the Act                 which charges are made against the ceilings and
of Accession (*), the generalized tariff preference                maximum      amounts   and    inform  Member     States
scheme will be applicable in the new Member States                 thereof; whereas such cooperation should be particu­
from 1 January 1975 ;                                              larly close in view of the need for the Commission
                                                                   to be able to take appropriate measures to re­
                                                                   introduce customs duties, either generally or indi­
Whereas, in respect of textile products, the com­                  vidually, when any of the ceilings or maximum
plexity of the measures to be implemented, combined                amounts are reached,
with the abovementioned aim of improving the
generalized preferences, could in 1974 be overcome
normally only by means of a flat-rate increase of
some 50% in the ceilings fixed for 1973 , the                      HAS ADOPTED THIS REGULATION :
calculations for the additional amount of the ceilings
having already been made on the basis of 1970                                             Article 1
figures ; whereas the same situation will again prevail
in 1975, so that such improvement can be effected
 only by means of a flat-rate increase of 5% in the                1 . From 1 January to 31 December 1975 the Com­
ceilings fixed for 1974, corresponding to 157-5% of                mon Customs Tariff duties and the tariff duties of
the ceilings for 1973 ;                                            the new Member States on the products listed in
                                                                   Annex A shall, subject to Articles 2 and 4 (2) be
Whereas, in respect of the products listed in Annex A              totally suspended.
originating in the countries listed in Annex B, the
Community should therefore allow, for each category                Ireland is authorized to apply customs duties equal
of these products during 1975 , duty-free imports                  to the duties it applies in respect of the same
within the limits of the Community ceilings calcula­               products vis-a-vis Member States other than the
ted in the manner set out above ; whereas the benefit              United Kingdom .
of such tariff exemption should be reserved for pro­
ducts originating in the countries under consider­                 2 . This suspension shall be enjoyed solely by pro­
ation, the concept of 'originating products' being                 ducts originating in the countries listed in Annex B.
determined in accordance with the procedure laid                   However, those imports which already enjoy exemp­
down in Article 14 of Council Regulation (EEC)                     tion from customs duties under other preferential
No 802/68 (2) of 27 June 1968 on the common                        tariff arrangements granted by the Community shall
definition of the concept of the origin of goods ;                 not be charged against the ceilings specified in para­
whereas charges against each of these ceilings must,               graph 3 . For the purposes of this Regulation, the
as a general rule, come within a maximum Com­                      concept of originating products shall be determined
munity amount of 50% in respect of the products                    in accordance with the procedure laid down in
 originating in any of the abovementioned countries ;              Article 14 of Regulation (EEC) No 802/68 .
 Whereas, under these circumstances, these objectives              3 . Subject to the provisions of Articles 2 and 4 (2)
may be reached by applying a method of adminis­                    this suspension shall be granted, in respect of each
                                                                   category of products, within a Community ceiling
                                                                   which shall be equal to 157-5% of the amount
 O OJ No L 73, 27. 3 . 1972, p. 14.                                 obtained by adding together imports in 1968 , expres­
 (2) OJ No L 148, 28 . 6. 1968 , p. 1 .                            sed in metric tons, of the products concerned from
 ---pagebreak--- 9 . 12 . 74                           Official Journal of the European Communities                            No L 329/ 11
the countries listed in Annex B, excluding those                                           Article 3
already enjoying various preferential tariff arrange­
ments granted by the Community, and 5% of the                    1 . Imports of the products in question shall be
tonnage of imports in 1970 from other countries                  actually charged against the Community ceilings and
and from countries already enjoying such arrange­                maximum amounts as and when the goods are
ments .
                                                                 entered for home use, and provided that they are
                                                                 accompanied by a certificate of origin pursuant to
4 . Subject to the provisions of Articles 2 and 4 (2),           the rules referred to in Article 1 (2).
within each ceiling thus calculated, charges of
products originating in any one of the countries                 2. Goods may be charged against a ceiling or maxi­
listed in Annex B should not exceed a Community                  mum amount only if the certificate of origin referred
maximum amount equivalent to 50% of this ceiling                 to above is presented before the date on which the
with the exception of certain products for which the             levying of duties is re-introduced.
maximum amount shall be reduced to the percentage
shown in Annex A.
                                                                 3 . The extent to which the ceilings and maximum
                                                                 amounts have been actually filled shall be determined
5 . Any amendment to Annex B, in particular by the               at Community level on the basis of the imports
addition of new countries enjoying tariff preferences,           charged in accordance with paragraphs 1 and 2 .
may entail a corresponding adjustment to the Com­
munity ceilings and the maximum amounts referred
to in paragraphs 3 'and 4.                                                                 Article 4
                                                                 1 . The Commission, in close cooperation with the
                          Article 2                              Member States, shall take all necessary measures to
                                                                 ensure that the above provisions are applied .
 1 . As soon as the ceilings calculated in accordance
with the provisions of Article 1 (3 ), which are laid            2. The Commission shall re-introduce the levying of
 down for Community imports of products orig­                    customs duties in respect of all the countries referred
inating in all of the countries referred to in Article           to in Article 1 (2) or in respect of any one of them
 1 (2) are reached at Community level, the levying               by means of a Regulation in the conditions laid
of customs duties on imports of the products in                   down in Article 2 ( 1 ) and (2).
question from all the countries concerned may at
 any time be re-introduced until the end of the period                                     Article 5
 referred to in the first subparagraph of Article 1 ( 1 ).
                                                                 Member States shall inform the Commission at re­
2 . As soon as the maximum amounts calculated in
                                                                 gular intervals of imports of the products in question
 accordance with the provisions of Article 1 (4) which           actually charged against the Community ceilings and
 are laid down for Community imports of products                  maximum amounts laid down in Article 1 (3 )
 originating in each of the countries referred to in              and (4).
 Article 1 (2 ) are reached for any one of these coun­
 tries at Community level, the levying of the customs
 duties on imports of the products in question from                                        Article 6
 the country concerned may at any time be re-intro­
 duced until the end of the period referred to in the            This     Regulation      shall   enter  into   force   on
 first subparagraph of Article 1 ( 1 ).                           1 January 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--- No L 329/12                                  Official Journal of the European Communities                                              9 . 12 . 74
                                                                     ANNEX A
            List of products originating in developing countries to which the generalized tariff preferences
                                                 for certain textile products will apply ( a)
              Order          CCT
                No         heading                                                 Description
                              No
                                               CHAPTER 54
                 1           54.05             Woven fabrics of flax or of ramie
                                               CHAPTER 55
                 2           55.05             Cotton yarn, not put up for retail sale :
                                               A. Multiple or cabled, finished, in balls or on cards, reels, tubes or
                                                    similar supports, of a weight (including support) not exceeding
                                                    900 g
                 3                             B. Other :
                                                    I. Measuring, per single yarn, 120 000 m or more per kg
                 4           55.06             Cotton yarn , put up for retail sale
                 5           55.07             Cotton gauze
                 6           55.08             Terry towelling and similar terry fabrics, of cotton
                             55.09             Other woven fabrics of cotton :
                                               A. Containing 85 % or more by weight of cotton :
                                                    ex   I. Of a width of less than 85 cm :
                 7                                          — Other than raw cotton (*)
                 8                             B. Other
                                               CHAPTER 56
                             56.05             Yarn of man-made fibres (discontinuous or waste), not put up for
                                               retail sale :
                 9                             B. Of regenerated textile fibres
                             56.07             Woven fabrics of man-made fibres ( discontinuous or waste) :
                10                             B. Of regenerated textile fibres
             a) Products qualifying, under the arrangements, for exemption or total temporary suspension of the Common Customs
                Tariff duty are only token entries as regards the Member States of the Community as originally constituted , whereas
                the exemption or suspension is directly and fully applicable by the new Member States under these arrangements
                except for Ireland , which is authorized to apply customs duties equal to the duties it applies in respect of the same
                products vis-a-vis Member States other than the United Kingdom .
            (*) For products falling within subheading 55.09 A ex I ( other than raw cotton ), the maximum Community amount
                referred to in Article 1 (4 ) of this Regulation is reduced to 30% .
 ---pagebreak--- 9 . 12 . 74                                 Official Journal of the European Communities                                               No L 329 / 13
              Order          CCT
                No          heading                                                 Description
                              No
                                               CHAPTER 58
                11            58.04            Woven pile fabrics and chenille fabrics (other than terry towelling
                                               or similar terry fabrics of cotton falling within heading Nos 55.08
                                                and 58.05 )
                12            58.10
                                               Embroidery, in the piece, in strips or in motifs
                                                CHAPTER 60
                              60.01             Knitted or crocheted fabric, not elastic or rubberized :
                                                i B. Of man-made fibres
                13
                                                1 C. Of other textile materials
                14       ex 60.02               Gloves , mittens and mitts, knitted or crocheted , not elastic or rubber­
                                               ized , of cotton i1)
                              60.04            Under garments , knitted or crocheted , not elastic or rubberized :
                15                             A. Of cotton (2)
                              60.05             Outer garments and other articles , knitted or crocheted , not elastic
                                               or rubberized :
                                                Γ       A. Outer garments and clothing accessories :
                16                              \          ex II. Other, of cotton (2)
                                                 [ ex B. Other, of cotton (2)
                              60.06             Knitted or crocheted fabric and articles thereof ; elastic or rubberized
                                                (including elastic knee-caps and elastic stockings) :
                17                              A. Fabric
                                                CHAPTER 61
                         ex 61.03               Men's and boys' under garments , including collars , shirt fronts and
                                                cuffs :
                18                             — Of cotton fabric (*)
                19       ex 61.04              Women's, girls' and infants' under garments , of cotton fabric
                              61.05            Handkerchiefs :
                20                             — Of cotton fabric
                21                             — Of fabrics other than cotton
            (J) For products falling within heading Nos 60.02 (of cotton) and ex 61.03 (of cotton ), the maximum Community amount
                referred to in Article 1 (4) of this Regulation is reduced to 30% .
            (l) For products falling within subheadings 60.04 A , 60.05 A ex II , 60.05 ex B (of cotton fabric), and 62.03 B I ex b) (of
                cotton fabric), the maximum Community amount referred to in Article 1 (4) of this Regulation is reduced to 30% .
 ---pagebreak--- No L 329/ 14                                Official Journal of the European Communities                                                  9 . 12 . 74
                Order         CCT
            .    No         heading                                               Description
                               No
                                             CHAPTER 62
                              62.01          Travelling rugs and blankets :
                                             B. Other :
                  22                              I. Of cotton
                              62.03          Sacks and bags, of a kind used for the packing of goods :
                                             B. Of other textile materials :
                                                      I. Used :
                                                         ex b) Other :
                  23                                             — Of cotton i1)
                                                 ex II . Other :
                                                         — Of cotton
                  24           62.04         Tarpaulins, sails , awnings , sunblinds , tents and camping goods
              (}) For products falling within subheadings 60.04 A, 60.05 A ex II, 60.05 ex B (of cotton fabric), and 62.03 B I ex b) ( of
                  cotton fabric), the maximum Community amount referred to in Article 1 (4) of this Regulation is reduced to 30% .
 ---pagebreak--- 9 . 12. 74                       Official Journal of the European Communities                                No L 329/ 15
                                                      ANNEX B
           List of developing countries benefiting under generalized tariff preferences from certain textile
                                                       products
                                                   Afghanistan
                                                   Argentina
                                                   Bangladesh
                                                   Colombia
                                                   Egypt , Arab Republic of
                                                   El Salvador
                                                   India
                                                   Indonesia
                                                   Jamaica
                                                   Korea (South)
                                                   Malaysia
                                                   Mexico
                                                   Pakistan
                                                   Philippines
                                                   Sri Lanka
                                                   Thailand
                                                   Vietnam, Republic of