CELEX: 31975R3001
Language: en
Date: 1975-11-17 00:00:00
Title: Regulation (EEC) No 3001/75 of the Council of 17 November 1975 opening, allocating and providing for the administration of Community tariff quotas for certain cotton textile and like products originating in developing countries

29 . 11.75                             Official Journal of the European Communities                                      1
                                                               I
                                           (Acts whose publication is obligatory)
                               REGULATION (EEC) No 3001/75 OF THE COUNCIL
                                                   of 17 November 1975
                opening, allocating and providing for the administration of Community tariff quotas
                    for certain cotton textile and like products originating in developing countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          ments granted by the Community (basic amount)
                                                                  plus 5% of the value of cif imports from the other
                                                                  countries and from the countries already enjoying
Having regard to the Treaty establishing the Euro­                such arrangements ( additional amount);
pean Economic Community;
Having regard to the proposal from the Commission ;               Whereas, however, in respect of cotton textile
                                                                  products formerly covered by the long-term arrange­
                                                                  ment regarding international trade in cotton textiles,
Having regard to the Opinion, of the European                     the offer made by the Community lays down that
Parliament (*);
                                                                  the preferences in the form of duty-free ceilings
                                                                  normally calculated according to the formula set out
Whereas, within the context of UNCTAD, the Euro­                  in the preceding recital, will be granted to the
pean Economic Community offered to grant tariff                   countries enjoying generalized preferences which are
preferences on finished and semi-finished products                signatories to the long-term arrangement or possibly
coming from developing countries ; whereas the pre­               to those countries which undertake vis-a-vis the
ferential treatment proposed in that offer covers,                Community commitments similar to those existing
generally speaking, all finished and semi-finished                under that arrangement and for the duration of the
industrial products covered by Chapters 25 to 99 of               said arrangement ; whereas the arrangement expired
the Brussels Nomenclature which originate in devel­               on 30 September 1973 and was extended to
oping countries ; whereas the preference consists in              31 December 1973 ; whereas, as in 1974 and 1975
the granting of exemption from customs duties ;                   and on a transitional basis, it may be anticipated
whereas preferential imports are effected up to the               that the countries concerned thereby will, for 1976,
level of ceilings calculated by value in respect of               adopt measures with equivalent aims, pending
each product on the basis of factors which are uni­               application of the arrangement regarding inter­
form for all the products ; whereas, in order that the            national trade in textiles (2); whereas it is apparent
preferences granted to the most competitive devel­                that only imports from these countries are to form
oping country or countries should be restricted and               the basis for calculating the abovementioned ceilings ;
that a substantial share should be reserved for the
                                                                  whereas, with particular regard to the link which
least competitive, preferential imports from any one              Article 6 of the said long-term arrangement
developing country in respect of a given product                  establishes between cotton products and substitute
should not, as a general rule, exceed 50% of the                  products, it appears justified in these circumstances
ceiling fixed for that product;                                   and by virtue of the fact that a total suspension of
                                                                  customs duties is involved to include in the same
Whereas, in the offer made by the Community, the                  scheme as that described above those substitute
annual ceilings should normally be calculated on the              textile products given in the conditional list of partial
basis of total value for 1968 of cif imports from the             and limited reductions of customs duties deposited
 countries benefiting from this scheme, excluding those           with GATT by the Community during the last
already enjoying various preferential tariff arrange­             series of tariff negotiations ; whereas, moreover, in
 (!) OJ No C 257, 10. 11 . 1975, p . 30.                           (2) OJ No L 118 , 30. 4. 1974 , p. 1 .
 ---pagebreak--- 2                                      Official Journal of the European Communities                            29 . 11 . 75
view of the special nature which trade in the                     preferences, could in 1974 and 1975 be overcome
products concerned may have, it appears expedient,                only by means of successive flat-rate increases of
wherever this is justified by the particular sensitivity          around 50% and 5% in the ceilings fixed for 1973 ;
of the product, to determine in terms of tonnages                 whereas the same situation will again prevail in
the ceilings for the preferential imports of such                 1976, so that such improvement can be effected
products, taking due account of deliveries effected               only by means of a flat-rate increase of 5% in the
during 1968 by the beneficiary countries alone ;                  ceilings fixed for 1975 :
whereas, moreover, particularly in view of the high
level of deliveries of the textiles in question to the
Community by the third countries concerned, it                    Whereas it is expedient, therefore, in respect of the
appears appropriate, except in particular instances,              products referred to in Annex A which originate in
to restrict preferential imports from any single                  the countries listed in Annex B, that the Community
beneficiary country to 30% of the ceiling laid down               should open, for 1976, duty-free Community tariff
for each category of textile products concerned;                  quotas within the limits , of the amounts in metric
                                                                  tons given in respect of each of these products ;
Whereas the offer made by the Community includes
a clause stating that the Community drew up the
offer on the assumption that all the main industrial­             Whereas charges against each of these tariff quotas
ized countries which are members of the OECD                      must, in respect of the products originating in any
would participate in granting preferences and would               of the abovementioned countries, come within a
make similar efforts in this direction ; whereas, more­           specified percentage of the amount of the quota;
over, it is evident from the conclusions worked out               whereas the benefit of such tariff quotas should be
in UNCTAD that this offer, while being of a tem­                  reserved for products originating in the countries
porary nature, does not constitute a binding commit­              under consideration, the concept of 'originating
ment and, in particular, may be withdrawn wholly                  products' being determined in accordance with the
or in part at a later date ; whereas this possibility may         procedure laid down in Article 14 of Council
be adopted inter alia with a view to remedying any                Regulation (EEC) No 802/68 (2) of 27 June 1968 on
unfavourable situations which might arise in the                  the common definition of the concept of the origin
ACP States following the implementation of the                    of goods ;
generalized preference scheme;
Whereas, moreover, the conference of Heads of State               Whereas it is necessary to ensure equal and con­
or of Government of the Member States and , the                   tinuous access for all Community importers to the
States acceding to the European Communities held                  abovementioned quotas and the uninterrupted appli­
in Paris from 19 to 21 October 1972 invited the                   cation of the rate laid down for those quotas to all
Community institutions and the Member States pro­                 imports of the products concerned into all Member
gressively to adopt an overall policy of development              States until those quotas are used up; whereas, having
cooperation on a world-wide scale comprising in                   regard to the principles defined above, the Commu­
particular the improvement of generalized preferences             nity nature of the quotas can be respected by allo­
with the aim of achieving a steady increase in imports            cating the Community tariff quota among Member
 of manufactures from the developing countries ;                  States ; whereas, moreover, to this end and in the
                                                                  context of the utilization system, the actual charges
                                                                  against the quotas may relate only to goods which
Whereas tariff preferences have been applied from                 are entered for home use and which are accompanied
the second half of 1971 under the conditions set out              by a certificate of origin;
above and whereas these preferences should continue
 to be applied thoughout 1976;
                                                                  Whereas the application of the generally accepted
Whereas, in accordance with Protocol 23 to the Act                principles in respect of the allocation of the Com­
of Accession (1 ) the generalized tariff preferences              munity tariff quotas which have been opened until
scheme has been applicable in the new Member                      now entails, under these circumstances and in view
 States from 1 January 1974;                                      of the variety of the products concerned and in view
                                                                  of the fact that the benefiting countries are specified,
                                                                   calculations which are all the more problematic in
Whereas in respect of textile products, the complexity            that the statistical data required sometimes prove to
of the measures to be implemented, combined with                  be incomplete or not sufficiently accurate or repre­
the abovementioned aim of improving the generalized               sentative ; whereas the time required for these cal­
 (!) OJ No L 73 , 27. 3 . 1972, p. 14.                             (2) OJ No L 148, 28 . 6. 1968, p. 1 .
 ---pagebreak--- 29 . 11.75                         Official Journal of the European Communities                                    3
culations cannot be reconciled with the continuity           the administration of the shares allocated to the
necessary for the application of the tariff preferences      Benelux Economic Union may be carried out by any
concerned; whereas, under these conditions, it would          one of its members,
be advisable still at this stage to adopt a fixed scale
for allocating the Community tariff quotas concerned
among the Member States ; whereas, using as a basis          HAS ADOPTED THIS REGULATION :
general economic criteria relating to external trade,
in textiles, the gross national product and population,
the percentages for the initial shares of the Member
States in quota amounts are as follows for the quota                                    Article 1
year under consideration :
                                                              1 . From 1 January to 31 December 1976 the
        Germany                              27%              Common Customs Tariff duties and the tariff duties
                                                              of the new Member States on the products listed
        Benelux                              10%             in Annex A shall be completely suspended within
                                                              the framework of Community tariff quotas of vol­
        France                               19%
                                                              umes which shall be expressed in metric tons and
        Italy                                14%              which shall be indicated against each product in
                                                              column 3 of that Annex .
        Denmark                           '   7%
                                                             2. These tariff quotas shall be enjoyed solely by
        Ireland                               1%
                                                              products originating in the countries listed in Annex
        United Kingdom                       22%              B. However, those imports which already enjoy
                                                              exemption from customs duties under other prefer­
                                                              ential tariff arrangements granted by the Community
                                                              may not be charged against these tariff quotas. For
Whereas, without affecting the Community nature               the purposes of this Regulation, the concept of ori­
of the tariff quotas under consideration, it appears          ginating products shall be determined in accordance
possible to provide at this stage for a utilization           with the procedure laid down in Article 14 of Regu­
scheme based on a single allocation among the                 lation (EEC) No 802/68 .
Member States ; whereas, moreover, the allocation
set out by this Regulation in no way prejudices the
possibility of adopting the general method of allo­           3 . The amount to be charged in respect of each
cation of Community quotas comprising the setting             country referred to in paragraph 2 against each of
up of a reserve share ; whereas implementation of             the tariff quota amounts mentioned above shall be
this principle in this particularly sensitive sector can,     limited to the maximum amount given as a percen­
however, take place only progressively, yet must              tage and in metric tons in column 4 of Annex A
remain attuned to the methods of administration               against each category of products.
laid down in the general framework of the generalized
tariff preference scheme; whereas at the present junc­        4. Any amendment to Annex B, in particular by
ture it appears feasible that such allocation could as        the addition of new countries enjoying tariff pre­
a rule be made according to the percentages set out           ferences, may entail a corresponding adjustment to
in the table above ; whereas, however, one of the             the volumes of the quotas and to the maximum
new Member States, the Kingdom of Denmark, has                 amounts appearing in columns 3 and 4 of Annex A.
for a number of years been importing relatively large
quantities of certain cotton yarns and woven fabrics
falling within heading Nos ex 55.05 and ex 55.09                                        Article 2
of the Common Customs Tariff from a number of
developing countries and has therefore ceased to
produce the articles in question ; whereas this special       1 . The Community tariff quotas referred to in
                                                              Article 1 shall be allocated in shares which shall be,
situation should temporarily continue to be taken
into account and this Member State            should   be     for each Member State, the amounts corresponding
granted an increased share without restricting the            to quantities shown in column 5 of Annex A against
access thereto of countries benefiting from generalized        each category of products.
 preferences ;
                                                              2. The shares allocated to Denmark for certain pro­
                                                               ducts falling within heading Nos ex 55.05 and ex
Whereas since the Kingdom of Belgium, the King­               55.09 shall be increased by an amount determined
 dom of the Netherlands and the Grand Duchy of                 in a footnote to Annex A.
Luxembourg are united in and represented by the
Benelux Economic Union, all transactions concerning            Article 1 (3 ) shall not apply to such an increase.
 ---pagebreak--- 4                                  Official Journal of the European Communities                             29 . 11 . 75
                        Article 3                             countries listed in Annex B, against any one of the
                                                              Community tariff quotas reach the maximum
1 . The Member States shall ensure free access to             amount laid down in column 4 of Annex A, the
the shares which have been allocated to them for              Commission shall immediately notify the Member
importers of the said goods established in their              States of the date on which, as a result of this
territory.                                                    factor, the normal tariff is to be re-introduced in
                                                              respect of the country in question. This notification
                                                              shall be published in the Official Journal of the
2. The extent to which a Member State has used up             European Communities.
its share shall be determined on the basis of the
imports of the said goods which have been entered
for home use, and which are accompanied by a cer­                                     Article 5
tificate of origin in accordance with the rules referred
to in Article 1 (2).                                          Member States shall inform the Commission at regu­
                                                              lar intervals of imports of the products in question
3 . Goods shall qualify for a tariff quota only if
                                                              actually charged against their share.
the certificate of origin referred to in paragraph 2
is submitted before the date on which the levying                                     Article 6
of duties is re-introduced .
                                                              Member States and the Commission shall cooperate
                                                              closely to ensure that the above Articles are observed.
                         Article 4
The Commission shall take all necessary measures                                      Article 7
to ensure that the maximum amount referred to in
Article 1 (3 ) is observed. When the charges, at Com­         This Regulation       shall    enter  into   force      on
munity level, of products originating in each of the          1 January 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                                                5
                                                                          ANNEX A
                    List of products subject to zero-duty Community tariff quotas under the generalized tariff
                                                      preferences granted to developing countries
                                                                                           Maximum amount
              CCT                                                                 Quota       per country
                                                                                 amount in        (4)          Volume of shares allocated to
  Order     heading                             Description                                                   Member States in metric tons
               No                                                                 metric
    No
                                                                                   tons
                                                                                                      metric
                                                                                            %
                (1)                                                                                    tons
                                                     (2)                            (3)                                     (5)
               55.05      Cotton yarn, not put up for retail sale :
                          B. Other :
                               II. Other :
                                    Measuring , per single yarn, per kg :
      1                             — 14 000 m or less                            1248     30           374  Germany                   336-96
                                                                                                             Benelux                   124*80
                                                                                                             France                    237*12
                                                                                                             Italy                     174*72
                                                                                                             Denmark                    87.36
                                                                                                             Ireland                    12-48
                                                                                                             United Kingdom            274*56
      2                             — More than 14 000 m but not
                                         more than 40 000 m                       4 712     30        1414   Germany                 1 272*24
                                                                                                             Benelux                   471-20
                                                                                                             France                    895-28
                                                                                                             Italy                     659*68
                                                                                                             Denmark (*)               329-84
                                                                                                             Ireland                    47*12
                                                                                                             United Kingdom 1 036*64
      3                             — More than 40 000 m but not
                                         more than 80 000 m                       1621      30           486 Germany                   437-67
                                                                                                             Benelux                   162.10
                                                                                                             France                    307*99
                                                                                                             Italy                     226.94
                                                                                                             Denmark (2)               113.47
                                                                                                             Ireland                    16-21
                                                                                                             United Kingdom            356*62
      4                             — More than 80 000 m but less
                                         than 120 000 m                             232     30            70 Germany                    62.64
                                                                                                             Benelux                    23*20
                                                                                                             France                     44*08
                                                                                                             Italy                      32*48
                                                                                                              Denmark                   16*24
                                                                                                              Ireland                     2*32
                                                                                                              United Kingdom            51*04
               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 :
      5                                  — Unbleached                               844     30           253  Germany                  227.88
                                                                                                              Benelux                   84.40
                                                                                                              France                   160.36
                                                                                                              Italy                    118.16
                                                                                                              Denmark                   59*08
                                                                                                              Ireland                     8*44
                                                                                                              United Kingdom           185.68
 (l) Pursuant to Article 2 (2), this share is increased by 1 100-82 metric tons.
 (a) Pursuant to Article 2 (2), this share is increased by 597-01 metric tons .
 ---pagebreak---  6                                               Official Journal of the European Communities                                     29 . 11 . 75
                                                                                           Maximum amount
             CCT                                                                  Quota       per country      Volume of shares allocated to
                                                                                 amount in        (4)
  Order    heading                             Description                        metric                       Member States in metric tons
   No         No
                                                                                   tons
                                                                                                      metric
                                                                                            %
                                                                                                       tons                 5)
               1)                                   (2)                              3}
            55.09             II . Other :
          (cont'd)
                                   — Unbleached , of a width of :
     6                                 — 85 cm but not more than
                                            115 cm or more                        4 218    30         1265   Germany                1 138.86
                                                                                                             Benelux                  421-80
                                                                                                             France                    801-42
                                                                                                             Italy                    590-52
                                                                                                             Denmark                  295-26
                                                                                                             Ireland                    42.18
                                                                                                             United Kingdom           927-96
     7                                      More than 115 cm but not
                                            more than 165 cm                      2 564    30           769  Germany                   692-28
                                                                                                             Benelux                   256-40
                                                                                                             France                   487-16
                                                                                                             Italy                     358-96
                                                                                                             Denmark (x)               179.48
                                                                                                             Ireland                    25-64
                                                                                                             United Kingdom            564-08
     8                                      More than 165 cm                        827    30           248  Germany                   223.29
                                                                                                             Benelux                    82*70
                                                                                                             France                    157.13
                                                                                                             Italy                     115.78
                                                                                                             Denmark                    57*89
                                                                                                             Ireland                     8.27
                                                                                                             United Kingdom            181.94
     9                                 Not specified                                349    30           105  Germany                    94.23
                                                                                                             Benelux                    34-90
                                                                                                             France                     66.31
                                                                                                             Italy                      48.86
                                                                                                             Denmark (2)                24-43
                                                                                                             Ireland                     3.49
                                                                                                             United Kingdom             76.78
         ex 60.03        Stockings, under stockings, socks, ankle­
                         socks , sockettes and the like, knitted or
                         crocheted, not elastic or rubberized :
    10                   — Of cotton                                                183    30             55 Germany                    49*41
                                                                                                             Benelux                    18-30
                                                                                                             France                     34-77
                                                                                                             Italy                      25-62
                                                                                                             Denmark                    12-81
                                                                                                             Ireland                     1.83
                                                                                                             United Kingdom             40-26
              61.01      Men's and boys' outer garments :
    11                   — In woven fabrics of cotton                               221    30             66 Germany                    59.67
                                                                                                             Benelux                    22-10
                                                                                                             France                     41*99
                                                                                                             Italy                      30*94
                                                                                                             Denmark                    15-47
                                                                                                             Ireland                     2.21
                                                                                                             United Kingdom             48.62
(*) Pursuant to Article 2 (2), this share is increased by 787-18 metric tons.
(J) Pursuant to Article 2 (2), this share is increased by 1 177-88 metric tons .
 ---pagebreak--- 29 . 11 . 75                            Official Journal of the European Communities                                           7
                                                                            Maximum amount
              CCT                                                  Quota       per country
                                                                                                 Volume of shares allocated to
            heading                    Description                amount in        (4)           Member States in metric tons
 Order                                                             metric
  No           No
                                                                    tons
                                                                                       metric
                                                                             %
                                                                                        tons
                1)                         (2)                        (3 )                                   (3)
  12         61.01      Other                                        221     30          66    Germany                   59-67
           (cont'd)                                                                            Benelux                   22-10
                                                                                               France                    41-99
                                                                                               Italy                     30-94
                                                                                               Denmark                   15-47
                                                                                               Ireland                    2-21
                                                                                               United Kingdom            48-62
              61.02 Women's, girls' and infants' outer gar­
                    ments :
   13               — In woven fabrics of cotton                    221      30          66    Germany                   59-67
                                                                                               Benelux                   22-10
                                                                                              France                     41-99
                                                                                              Italy                      30-94
                                                                                               Denmark                   *5-47
                                                                                              Ireland                     2-21
                                                                                               United Kingdom            48-62
  14                    Other                                       221     30           66   Germany                    59-67
                                                                                              Benelux                    22-10
                                                                                              France                     41-99
                                                                                              Italy .                    30-94
                                                                                              Denmark                    15-47
                                                                                              Ireland                     2-21
                                                                                              United Kingdom             48-62
          ex 61.03  Men's and boys' under garments, inclu­
                    ding collars, shirt fronts and cuffs :
  15                — In woven fabrics other than cotton            221     30           66    Germany                   59-67
                                                                                              Benelux                    22-10
                                                                                              France                     41-99
                                                                                              Italy                      30-94
                                                                                              Denmark                    15-47
                                                                                              Ireland                     2-21
                                                                                              United Kingdom             48-62
             62.02  Bed linen, table linen, toilet linen and
                    kitchen linen; curtains and other fur­
                    nishing articles :
  16                — In woven fabrics of cotton                    183     30          55    Germany                    49-41
                                                                                              Benelux                    18-30
                                                                                              France                     34-77
                                                                                              Italy                      25-62
                                                                                              Denmark                    12-81
                                                                                              Ireland                     1-83
                                                                                              United Kingdom             40-26
  17                    Other                                        97     30           29   Germany                    26-19
                                                                                              Benelux                     9-70
                                                                                              France                     18-43
                                                                                              Italy                      13-58
                                                                                              Denmark                     6-79
                                                                                              Ireland                     0-97
                                                                                              United Kingdom             21-34
 ---pagebreak--- 8                      Official Journal of the European Communities                                 29. 11 . 75
                                             ANNEX B
  List of developing countries benefiting under generalized tariff preferences from certain textile
                                              products
                                        Afghanistan
                                        Argentina
                                        Bangladesh
                                        Colombia
                                        Costa Rica
                                        Egypt, Arab Republic of
                                        El Salvador
                                        Guatemala
                                        Haiti
                                        India
                                        Indonesia
                                        Jamaica
                                        Korea (South)
                                        Malaysia
                                        Mexico
                                        Nicaragua
                                        Pakistan
                                        Paraguay
                                        Philippines
                                        Singapore
                                        Sri Lanka
                                        Thailand
                                        Vietnam, Republic of