CELEX: 51991PC0034
Language: en
Date: 1991-04-03
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) APPLYING SUPPLEMENTARY GENERALIZED TARIFF PREFERENCES IN RESPECT OF CERTAIN INDUSTRIAL PRODUCTS ORIGINATING IN COUNTRIES BENEFITING FROM GENERALIZED PREFERENCES AND SOLD AT THE BERLIN ' PARTNERS IN PROGRESS ' FAIR

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                               C0M(91) 34 final
                                               Brussels,3 ApriI 1991
                                 Proposal for a
                           COUNCIL REGULATION (EEC)
    applying supplementary generalized tariff preferences in respect of certain
    industrial products originating in countries benefiting from generalized
             preferences and sold at the Berlin 'Partners in Progress' Fair
                         (presented by the Commission)
 ---pagebreak---                               EXPLANATORY MEMORANDUM
Since 1962, the Overseas Imports Fair "Partners in Progress" has been held
annually in Berlin, centred round the products exported by developing
countries.  The Community has always recognised the special importance of
Berlin and the political aspect of the Fair-
Last year, the Council approved a proposal from the Commission, on an "ad
hoc" basis, granting supplementary tariff preferences for certain products
originating in developing countries and sold in the course of the Berlin    ;
Fair (Regulation (EEC) N° 1274/90 of 7 May 1990 O.J. N° L 125, page 1 ) .
The relatively modest use of the aforesaid Regulation was due particularly
to the belated publication of the Regulation in the Official Journal of the
European Communities.
In the letter of 17 January 1991., the German Government requested the Commis-
sion to propose to the Council that supplementary tariff preferences be
accorded developing countries in respect of goods bought or for which sales
contracts were concluded at the Fair, the intention being to encourage less
developed countries not a present participating in the Fair to do so.
The Fair is always held relatively late in the year (September-October) by
which stage the GSP quotas opened under the annual arrangements may well
have been used up and customs duties resumed for goods under the ceiling.
As regards opening supplementary preferences, however, it is necessary to
maintain a cautious line.   It is, therefore, opportune to propose an "ad
hoc" Regulation, valid for one year only, with strict limitations on the
products eligible and close supervision by the competent German authori-
ties and the Commission. These considerations lead the Commission to pro-
pose a new Regulation similar to the proposed for Last year.
                                                                     ./.
 ---pagebreak---                                     - 2 -
The attached draft Regulation takes account of the aforementioned aims
while excluding certain products originating in particular developing
countries.   Furthermore it should be noted that this present Regulation
does not concern agricultural products, five of which are covered by
preferential quantitative restrictions and which are not exhibited at
the Fair.  ECSC products are likewise excluded because not exhibited
at the Fair.   Furthermore, in the absence of relevant statistical data,
the import levels of the products concerned are limited to 6% of the
quotas, ceilings or fixed duty-free amounts fixed for each product or
group of products under the annual GSP Regulations.
 ---pagebreak---                                                                   PROPOSAL FOR A
                                               C O U N C I L R E G U L A T I O N (EEC) N o                          (<U
                                                                           of
                  a p p l y i n g s u p p l e m e n t a r y generalized tariff preferences in r e s p e c t of c e r t a i n
                  i n d u s t r i a l p r o d u c t s o r i g i n a t i n g in c o u n t r i e s b e n e f i t i n g f r o m generalized
                                   preferences a n d sold at the Berlin ' P a r t n e r s i n P r o g r e s s ' Fair
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                              group of products under the abovementioned                   annual
                                                                                      Regulations, and should be opened ;
Having regard to the Treaty establishing the European                                 Whereas, without prejudice to the specific provisions of
Economic Community, and in particular Article 113                                     this Regulation, the application of the provisions of the
thereof,                                                                              annual         Regulations            regarding generalized     tariff
                                                                                      preferences and, in particular, in respect of the beneficiary
Having regard to the proposal from the Commission,                                    countries and the concept of originating products should
                                                                                      be applied to the supplementary preferences in question ;
Whereas the imports fair 'Partners in Progress' is                                    Whereas it is appropriate, however, to exclude from the
organized every year in Berlin with a view to improving                               scope of this Regulation certain products originating in
the access to world markets of products originating in                                particular beneficiary countries ;
countries benefiting from generalized preferences ;
                                                                                      Whereas declarations of release into free circulation
Whereas, in view of the specific features of the Berlin Fair                          submitted with a view to the importation of the products
and of the unique situation of Berlin, certain measures                               in question should be accompanied by the certificate of
should be taken in the field of generalized preferences ;                             origin and the contract concluded at the Berlin Fair, the
                                                                                      latter certified by the competent German authorities ;
Whereas, in accordance with the offer made in the                                     Whereas the German authorities must ensure that certifi-
context of the United Nations Conference on Trade and                                 cation of the contracts concluded at the Berlin Fair do
Development (UNCTAD), the Community opened                                            not exceed the authorized supplementary quantities ;
generalized preferences commencing in 1971 and most
 recently under Regulations (EEC) No "HilÂfaoÇ) and                                   Whereas the method of administration adopted requires
(EEC) No 3*3£/<fo(2) and in ! particular in respect of                                 close cooperation between Member States and the
 finished and semi-finished industrial and textile products                            Commission,
 originating in developing countries ;
                                                                                       Whereas the generalized preferences have been suspended
                                                                                       for products originating in the Republic of Korea by
Whereas, in the past, certain products covered by the
                                                                                       Regulations (EEC) No 3g?/</<?o and (EEC) No               ÏBllfaô,
 system of quotas, ceilings or other tariff measures, being
 the subject of contracts for sale in the course of the Berlin
 Fair, have not been able to benefit from the preferences,
 the allocated tariff quotas or fixed duty-free amounts
                                                                                       HAS ADOPTED THIS REGULATION :
 having been used up or the collection of customs duties
 having been re-established for products subject to ceiling
 limits before the opening date of the fair ; whereas it is                                                                Article  1
 important to provide additional latitude to countries
 benefiting from generalized preferences to enable them to                              1.      From 5" "3uv»e AQQAto 31 December 199JL supple-
 benefit from the generalized tariff preference for products                           mentary Community tariff preferences shall be opened,
 being the subject of contracts for sale at the fair ; whereas,                        subject to Article 4, for the importation of products :
 however, this latitude should be limited to 6 % of the
 levels of the tariff measures applicable for each product or                          — mentioned in Annex I to Regulation (EEC)                        No
                                                                                               3%3^/W or
 (') OJ No L VlO, 3*. 12. 19 40, P . 1.                                                — mentioned in Annexes I and II to Regulation (EEC)
 C) OJ No L 3K?. *»• 12. 19*0, p. 3<l                                                          No     WZ/qo
 ---pagebreak--- provided these products originate in one of the countries       generalized tariff preferences which concern beneficiary
or territories benefiting from the preferences referred to       countries and the concept of originating products shall be
in the Annexes to those Regulations and have been                applicable.
exhibited by the exporting countries at the Berlin
'Partners in Progress' Fair and they have been the subject                                  Article 4
of sales contracts, except for products originating in the
Republic of Korea, for which the preferences are                 This following shall be excluded from the benefits
suspended.                                                       afforded by this Regulation :
                                                                 — textile products falling within categories 1, 2, 3, 4, 5, 6,
2. The supplementary preferences referred to in                       7 and 8 appearing in Annex I to Regulation (EEC) No
paragraph 1 shall be 6 % of the quota, ceiling or fixed               3&3A./40 and originating in countries subject to the
duty-free amounts fixed for each product or group of                  Community tariff quotas allocated as indicated in the
 products in Regulations (EEC) No &14(*0 and (EEC) No                 said Annex,
 383*/<K>.
                                                                 — products appearing in the Annex to this Regulation
 3. Within the framework of the supplementary                         and originating in the countries indicated.
 preferences referred to in paragraph 1, the Common
 Customs Tariff duties shall be totally suspended.                                          Article 5
 Application of the tariff preferences shall be subject to
 submission of a certificate of origin, Form A, and the          The German authorities shall forward to the Commission,
 contract.                                                       not more than seven days after the end of the Berlin Fair,
                                                                 a list of certified contracts indicating the nature and value
 4. Within the limits of the supplementary preferences           or the quantity, whichever is appropriate, of the goods in
 referred to in paragraph 1, the Kingdom of Spain and the        question and the names and addresses of the exporters
 Portuguese Republic shall apply customs duties                  and importers. The Commission shall send a copy of this
 conforming to the relevant provisions of the Act of             list to the authorities of the other Member States.
 Accession, and the relevant Regulations.
                                                                                            Article 6
                           Article 2
                                                                  Member States shall forward to the Commission, within
 1. Declarations of the release into free circulation of          two weeks following the end of each quarter, the list of
 the products in question must be accompanied by the              the amounts charged during the reference quarter in
 certificate of origin and by the contract concluded at the       accordance with the provisions of this Regulation.
 Berlin Fair, the latter certified by the competent German
 authorities.                                                                                Article 7
 2. The German authorities shall ensure that the total            Member States and the Commission shall cooperate
 amount covered by certified contracts does not exceed the        closely to ensure compliance with this Regulation.
 limit fixed in Article 1 (2).
                                                                                             Article 8
                           Article 3
                                                                  This Regulation shall enter into force on the third day
 Those provisions of Regulations (EEC) No 3S3-4 [<to and           following its publication in the Official Journal of the
 (EEC) No 3831/q<5 relating to the application of                  European Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels,
                                                                               For the Council
                                                                                 The President
 ---pagebreak---                                                         ANNEX
                  List of products/countries excluded from the benefit of this Regulation
 Order                                                                                                             Country
          CN code                                           Description                                           concerned
  No
10.0110  2902 50 00      Styrene                                                                          Saudi Arabia
10.0240  2921 19 30      Isopropylamine and its salts                                                     Romania
10.0400  310210 10       Urea containing more than 45 % by weight of nitrogen on the dry anhy-            Libya
                         drous product
10.0440  3806 10 10      Resin, obtained from fresh oleoresins                                            China
10.0480  3923 21 00      Sacks and bags (including cones) :                                               Hong Kong
                                                                                                          Singapore
                          — Of polymers of ethylene
10.0520  4104 10 95      Leather of bovine or equine animals, without hair on, other than leather          Brazil
         4104 10 99      falling within CN code 4108 or 4109
         410431 11        — Whole bovine skin leather, of a unit surface area not exceeding 28 square
         4104 31 19          feet (2,6 m2)
         4104 3 1 3 0
                                 Other
         4104 31 90
         4104 39 10       — — — Otherwise prepared
         4104 39 90       — Other bovine leather and equine leather, parchment-dressed or prepared
                             after tanning
 10.0570  4202 11 10      Trunks, suit-cases, vanity cases, executive cases, brief cases» school satchels  Brazil
          4202 11 90      and similar containers                                                           China
          4202 12 91      — With outer surface of leather, of composition leather or ©+' patent leather    Hong Kong
          4202 12 99
                          — With outer surface of plastics or of textile materials
          4202 19 91
          4202 19 99      — — Of other materials, including vulcanized fibre
          4202 21 00                Other
          4202 22 90
                          Articles of a kind normally carried in the pocket or in the handbag
          4202 29 00
          4202 31 00      — With outer surface of leather, of composition leather or of patent leather
          4202 32 90      — With outer surface of plastic sheeting or of textile materials
          4202 39 00      — — Of textile materials
          4202 91 10                Other
          4202 91 50
          4202 91 90      Other
          4202 92 91       — With outer surface of leather, of composition leather or of patent leather
          4202 92 95      — With outer surface of plastic sheeting or of textile materials
          4202 92 99
          4202 99 10      — Other
          4202 99 90      — — Musical instrument cases
                                    Other
 10.0630  4412            Plywood, veneered panels and similar laminated wood                              Brazil
          4420 90 11      Wood marquetry                                                                   Singapore
          4420 90 19      and inlaid wood                                                                  Malaysia
                                                                                                           Indonesia
 10.0660  6401            Waterproof footwear with outer soles and uppers of rubber or of plastics, the    Hong Kong
                          uppers of which are neither fixed to the sole nor assembled by stitching,
                          riveting, nailing, screwing, plugging or similar processes
          6402            Other footwear with outer soles and uppers of rubber or plastics
 ---pagebreak---   Order                                                                                                        Country
            CN code                                       Description
   No                                                                                                        concerned
10.0670   6403         Footwear with outer soles of rubber, plastics, leather or composition leather  Brazil
                       and uppers of leather                                                          Hong Kong
10.0680   6404         Footwear with outer soles of rubber, plastics, leather or composition leather, Hong Kong
                       and uppers of textiles materials
          6405 90 10   Other footwear, with outer soles of rubber, of plastics, of leather or of
                       composition leather
10.0690   6405 10 90   Other footwear, with outer soles of other materials                            China
          6405 20 91
          6405 20 99
          6405 90 90 (
10.0700   6601         Umbrellas and sun umbrellas (including walking-stick umbrellas, garden         Hong Kong
                       umbrellas and similar umbrellas)
10.0950   8211 10 00   Knives with cutting blades, serrated or not (including pruning knives), other  Hong Kong
          8211 91 90   than knives falling within CN code 8208, excluding knives with handles of
          8211 92 90   base metal
          8211 93 90
 10.0980  8414 10 30    Air or vacuum pumps and air or gas compressors                                 Brazil
           8414 10 50                                                                                 Singapore
           8414 10 90
           8414 20 91
           8414 20 99
           8414 30 30
           8414 30 91
           8414 30 99
           8414 40 10
           8414 40 90
           8414 80 21
           8414 80 29
           8414 80 31
           8414 80 39
           8414 80 41
           8414 80 49
           8414 80 60
           8414 80 71
           8414 80 79
           8414 80 90
  10.0990  8452 10 11   Sewing machines, other than book-sewing machines falling within CN code         Brazil
           8452 10 19   8440
           8452 10 90
           8452 21 00
            8452 29 00
  10.1055   8528 10 40   Television receivers (including video monitors and video projectors) whether   Hong Kong
            8528 10 50   or not combined in the same housing, with radio-broadcast receivers or         Singapore
            8528 10 71   sound or video recording or reproducing apparatus
            8528 10 73   — Colour
            8528 10 75
                          — — Television projection equipment
            8528 10 78
                          — Apparatus incorporating a videophonic recorder or reproducer
                          — — Television receivers with integral tube
 ---pagebreak---  Order                                                                                                     Country
          CN code                                       Description                                       concerned
  No
10.1060  8527 11 10  Reception apparatus for radio-telephony, radio-telegraphy or radio-            Hong Kong
         8527 11 90  broadcasting, whether or not combined in the same housing with recording       Singapore
         8527 21 10  or reproducing apparatus or a clock
         8527 21 90
         8527 29 00
         8527 31 10
         8527 31 91
         8527 31 99
         8527 32 90
         8527 39 10
         8527 39 91
         8527 39 99
         8527 90 91
         8527 90 99
         8528  10 61 Television receivers (including video monitors and video projectors),
         8528  10 69 whether or not combined in the same housing with radio-broadcast
         8528  10 80 receivers or sound or video recording or reproduction apparatus, excluding
         8528  10 91 video recording or reproducing apparatus incorporating a video tuner and
          8528 10 98 goods falling within CN codes 8528 10 50, 8528 10 71, 8528 10 73,
          8528 20 20  8528 10 75 and 8528 10 78 , SS Z&40 HO
          8528 20 71
          8528 20 73
          8528 20 79
          8528 20 91
          8528 20 99
          8529 10 20
          8529 10 31
          8529 10 39
          8529 10 40
          8529 10 50
          8529 10 70
          8529 10 90
          8529 90 99
 10.1110  8540 91 00  Thermonic, cold cathode or photocathode valves and tubes                       Hong Kong
          8540 99 00  - Parts                                                                        Singapore
          8541 10 10
          8541 10 91
          8541 10 99
          8541 21 10
          8541 21 90
          8541 29 10
          8541 29 90
          8541 30 10
          8541 30 90
          8541 40 10
          8541 50 10  Diodes, transistors, and similar semiconductor devices, light emitting diodes
          8541 50 90
          8541 90 00
          8542
                      Electric integrated circuits and mkroassemblies
 ---pagebreak---                                                                                ISSN 0254-1475
                                                                   COM(91) 34 final
                                                      DOCUMENTS
EN                                                                                         02
                                 Catalogue number : CB-CO-91-129-EN-C
                                                               ISBN 92-77-70551-5
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