CELEX: 31975R3004
Language: en
Date: 1975-11-17 00:00:00
Title: Regulation (EEC) No 3004/75 of the Council of 17 November 1975 opening preferential tariffs for certain textile products originating in developing countries

24                                    Official Journal of the European Communities                             29.11.75
                               REGULATION (EEC) No 3004/75 OF THE COUNCIL
                                                   of 17 November 1975
             opening preferential tariffs for certain textile products originating in developing
                                                          countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          referred to in this Regulation, it is expedient to
                                                                  calculate the ceilings concerned in terms of metric
Having regard to the Treaty establishing the                      tons ;
European Economic Community ;
Having regard to the proposal from the Commission ;               Whereas the offer made by the Community includes
                                                                  a clause stating that the Community ■ drew up the
Having regard to the Opinion of the European                      offer on the assumption that all the main
                                                                  industrialized countries which are members of the
Parliament (*);
                                                                  OECD would participate in granting preferences and
                                                                  would make similar efforts in this direction ; whereas,
Whereas, within the context of UNCTAD, the                        moreover, it is evident from the conclusions worked
European Economic Community offered to grant                      out in UNCTAD that this offer, while being of a
tariff preferences on finished and semi-finished                  temporary nature, does not constitute a binding
products coming from developing countries ; whereas               commitment and, in particular, may be withdrawn
the preferential treatment proposed in that offer                 wholly or in part at a later date ; whereas this
covers, generally speaking, all finished and semi­                possibility may be adopted inter alia with a view to
finished industrial products covered by Chapters 25               remedying any unfavourable situations which might
to 99 of the Brussels Nomenclature which originate                arise in the ACP States following the implementation
in developing countries ; whereas the preference                  of the generalized preference scheme;
consists in the granting of exemption from customs
duties ; whereas preferential imports are effected up
to the level of ceilings calculated by value in respect           Whereas, moreover, the conference of Heads of
of each product on the basis of factors which are                 State or of Government of the Member States and
uniform for all the products ; whereas in order that              the States acceding to the European Communities
the preferences granted to the most competitive                   held in Paris from 19 to 21 October 1972 invited the
developing country or countries should be restricted              Community institutions and the Member States to
and that a substantial share should be reserved for               adopt an overall policy of development cooperation
the least competitive, preferential imports from any              on a world-wide scale comprising in particular the
one developing country in respect of a given product              improvement of generalized preferences with the aim
should not, as a general rule, exceed 50% of the                  of achieving a steady increase in imports of
ceiling fixed for that product;                                   manufactures from the developing countries ;
Whereas, in the offer made by the Community, the
annual ceilings should normally be calculated on the              Whereas tariff preferences have been applied from
basis of the total value for 1968 of cif imports from             the second half of 1971 under the conditions set out
the countries benefiting from this scheme, excluding              above and whereas these preferences             should
those already enjoying various preferential tariff                continue to be applied throughout 1976;
arrangements granted by the Community, (basic
amount) plus 5% of the value of cif imports from                  Whereas, in accordance with Protocol 23 to the Act
the other countries and from the countries already                of Accession (2) the generalized tariff preference
enjoying such arrangements (additional amount);                   scheme has been applicable in the new Member
whereas such additional amount is variable and is
                                                                  States since 1 January 1974 ;
calculated each year on the basis of the latest figures
available, provided that this entails no reduction in
the ceiling; whereas, however, in view of the special             Whereas, having regard to the terms of the offer
nature of the trade in most of the textile products               concerned and to the need to improve the generalized
(x) OJ No C 257, 10. 11 . 1 975, p. 30.                           (2) OJ No L 73, 27. 3 . 1972, p. 14.
 ---pagebreak---  29 . 11.75                           Official Journal of the European Communities                                     25
 preferences, the abovementioned basic and additional             such cooperation should be particularly close in view
 amounts should normally refer to 1971 ; whereas,                 of the need for the Commission to be able to take
 however, in respect of textile products, the                     appropriate measures to re-introduce customs duties
 complexity of the measures to be implemented,                    either generally or individually, when any of the
 combined      with    the    abovementioned      aim   of        ceilings or maximum amounts are reached,
 improving the generalized preferences, could in 1974
 and 1975 be overcome normally only by means of
 successive flat-rate increases of around 50% and 5%
 in the ceilings fixed for 1973 , the calculations for the        HAS ADOPTED THIS REGULATION :
 additional amount of the ceilings having already
 been made on the basis of 1970 figures ; whereas the
 same situation will again prevail in 1976, so that such
 improvement can be effected only be means of a flat­                                   Article 1
 rate increase of 5% in the ceilings fixed for 1975 ,
 corresponding, when rounded off upwards, to 166%
 of the ceilings for 1973 ;                                       1 . From 1 January to 31 December 1976 the
                                                                 Common Customs Tariff duties and the tariff duties
                                                                 of the new Member States on the products listed in
Whereas it is expedient, therefore, in respect of the            Annex A shall, subject to Articles 2 and 4 (2 ), be
 products referred to in Annex A which originate in              totally suspended.
 the countries listed in Annex B, that the Community
 should allow, for each category of these products and           2. This suspension shall be enjoyed solely by
throughout 1976, duty-free imports within the limits             products originating in the countries listed in
 of the Community ceilings calculated in the manner              Annex B.
set out above; whereas the benefit of such tariff
exemption should be reserved for products
 originating in the countries under consideration, the           However, those imports which already enjoy
concept of 'originating products' being determined               exemption from customs duties under other
in accordance with the procedure laid down in                    preferential tariff arrangements granted by the
Article 14 of Council Regulation (EEC) No 802/                   Community shall not be charged against the ceilings
68 (*) of 27 June 1968 on the common definition of               specified in paragraph 3 . For the purposes of this
the concept of the origin of goods ; whereas charges             Regulation, the concept of originating products shall,
against each of these ceilings must, as a general rule,          be determined in accordance with the procedure laid
come within a maximum Community amount of 50%                    down in Article 14 of Regulation (EEC) No 802/68 .
in respect of the products originating in any of the
 abovementioned countries ;
                                                                 With regard to carpets, carpeting and rugs, mentioned
                                                                 in Annex A and falling within subheading 58.01 ex
Whereas, under these circumstances, these objectives             A, the certificates of origin for these products shall
may be reached by applying a method of                           state the number of knots per metre of warp .
administration based on the charging, at Community
level, against the abovementioned ceilings and
maximum amounts, of imports of the products                      3 . Subject to the provisions of Articles 2 and 4 (2)
concerned as and when these products are entered                 this suspension shall be granted within a Community
for home use, and are accompanied by a certificate of            ceiling expressed in metric tons, which shall be equal
origin ; whereas this method of administration must              to 166% of the amount obtained by adding together,
make provision for the re-introduction of customs                on the one hand, the imports of the relevant textile
duties as soon as the said ceilings or maximum                   products to the Community in 1968 from the
amounts are reached at Community level ;                         countries listed in Annex B, excluding those already
                                                                 enjoying various preferential tariff arrangements
                                                                 granted by the Community, and, on the other hand,
Whereas such method of administration calls for
                                                                 5% of the tonnage of imports in 1970 from other
very close and particularly rapid cooperation between            countries and from countries already enjoying such
Member States and the Commission, which must, in                 arrangements .
particular, be able to observe the extent to which
charges are made against the ceilings and maximum
amounts and inform Member States thereof; whereas                4. Subject to Articles 2 and 4 (2), within each
                                                                 ceiling thus calculated, charges of products
                                                                 originating in any one of the countries listed in Annex
                                                                 B should not exceed a Community maximum amount
(*) OJ No L 148, 28 . 6. 1968, p. 1 .                            equivalent to 50% of this ceiling, with the exception
 ---pagebreak--- 26                                 Official Journal of the European Communities                             29 . 11.75
of certain products in respect of which the maximum           accompanied by a certificate of origin pursuant to
amount has been reduced to the percentage shown               the rules laid down in Article 1 (2).
in Annex A.
                                                              2. Goods may be charged against a ceiling or
5 . Any amendment to Annex B, in particular by the            maximum amount only if the certificate of origin
addition of new countries enjoying tariff preferences,        referred to above is presented before the date on
may entail a corresponding adjustment to the Com­             which the levying of duties is re-introduced.
munity ceilings and the maximum amounts referred
to in paragraphs 3 and 4.                                     3 . The extent to which the ceilings and maximum
                                                              amounts have been actually filled shall be determined
                                                              at Community level on the basis of the imports
                        Article 2
                                                              charged in accordance with paragraphs 1 and 2.
1 . As soon as the ceilings calculated in accordance                                    Article 4
with the first subparagraph of Article 1 (3 ), which
are, laid down for Community imports of products
originating in all of the countries referred to in            1 . The Commission, in close cooperation with the
Article 1 (2), are reached at Community level, the            Member States, shall take all necessary measures to
levying of customs duties on imports of the products          ensure that the above provisions are applied.
in question from all the countries concerned may
be re-introduced until the end of the period referred         2. The Commission shall re-introduce the levying of
to in Article 1(1 ).                                          customs duties in respect of all the countries referred
                                                              to in Article 1 (2) or in respect of any one of them
2.   As soon as the maximum amounts calculated in             by means of a Regulation in the conditions laid
accordance with Article 1 (4), which are laid down             down in Article 2 ( 1 ) and (2).
for Community imports of products originating in
each of the countries referred to in Article 1 (2), are
reached for any one of these countries at Community                                     Article 5
level, the levying of the customs duties on imports
of the products in question from the country                  Member States shall         inform   the Commission    at
concerned may at any time be re-introduced until the
                                                              regular intervals of imports of the products in
 end of the period referred to in Article 1 ( 1 ).            question actually charged against the Community
                                                               ceiling and maximum amounts laid down in Article
                                                               1 (3 ) and (4).
                        Article 3
1 . Imports of the products in question shall be                                         Article 6
actually charged against the Community ceilings and
maximum amounts as and when the products are                   This Regulation shall enter into force on 1 January
entered for home use and provided that they are                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                                               27
                                                                 ANNEX A
           List of products originating in developing countries to which the generalized tariff preferences
                                              for certain textile products will apply (a)
                              CCT
            Order
              No
                           heading                                               Description
                              No
           I           CHAPTER 50
                1           50.04             Silk yarn, other than yarn of noil or other waste silk, not put up
                                              for retail sale
                2           50.05             Yarn spun from silk waste other than noil, not put up for retail
                                              sale
                3           50.06             Yarn spun from noil silk, not put up for retail sale
                4           50.07             Silk yarn and yarn spun from noil or other waste silk, put up for
                                              retail sale
                5           50.08             Silk-worm gut; imitation catgut of silk
                6           50.09             Woven fabrics of silk or of waste silk other than noil
                7           50.10             Woven fabrics of noil silk
                       CHAPTER 51
                8           51.02             Monofil, strip (artificial straw and the like) and imitation catgut, of
                                              man-made fibre materials
                9           51.03             Yarn of man-made fibres (continuous), put up for retail sale
               10      CHAPTER 52             METALLIZED TEXTILES
                       CHAPTER 53
               11           53.06             Yarn of carded sheep's or lambs' wool (woolLen yarn), not put up
                                              for retail sale
               12            53.07            Yarn of combed sheep's or lambs' wool (worsted yarn), not put up
                                              for retail sale
               13           53.08             Yarn of fine animal hair (carded or combed), not put up for retail
                                              sale
           (a) Products qualifying, under the ordinary 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 the present
               arrangements .
 ---pagebreak--- 28                                Official Journal of the European Communities                                                  29.11.75
                      CCT
     Order          heading                                             Description
       No              No
       14            53.09               Yarn of horsehair or of other coarse animal hair, not put up for
                                         retail sale
       15            53.10               Yarn of sheep's or lambs' wool, of horsehair or of other animal
                                         hair (fine or coarse), put up for retail sale
       16            53.11               Woven fabrics of sheep's or lambs' wool or of fine animal hair
       17            53.12               Woven fabrics of coarse animal hair other than horsehair
       18            53.13               Woven fabrics of horsehair
               CHAPTER 54
       19            54.03               Flax or ramie yarn, not put up for retail sale
       20            54.04               Flax or ramie yarn, put up for retail sale
               CHAPTER 56
       21            56.01               Man-made fibres (discontinuous), not carded, combed or otherwise
                                         prepared for spinning (J)
       22            56.02               Continuous filament tow for the manufacture of man-made fibres
                                         ( discontinuous) (*)
       23            56.03               Waste ( including yarn waste and pulled or garnetted rags) of man­
                                        made fibres ( continuous or discontinuous), not carded, combed or
                                         otherwise prepared for spinning (*)
       24            56.04               Man-made fibres (discontinuous or waste), carded, combed or other­
                                         wise prepared for spinning
       25            56.06               Yarn of man-made fibres (discontinuous or waste), put up for retail
                                         sale
               CHAPTER 57
       26            57.05               Yarn of true hemp
       27            57.07               Yarn of other vegetable textile fibres:
                                          B.   Other
       28            57.08              Paper yarn
       29            57.09               Woven fabrics of true hemp
   (*) For products falling within this heading, the maximum Community amount referred to in Article 1 (4) is reduced to 30 % .
 ---pagebreak--- 29 . 11 . 75                  Official Journal of the European Communities                                29
                        CCT
             Order    heading                                      Description
              No        No
              30    ex 57.11       Woven fabrics of other vegetable textile fibres, excluding those of
                                   coir
              31       57.12     , Woven fabrics of paper yarn
                   CHAPTER 58
                       58.01       Carpets, carpeting and rugs, knotted (made up or not):
              32                   ex A. Of more than 500 knots :
              33                       B. Of silk, or waste silk other than noil, of synthetic textile
                                            fibres, of yarn falling within heading No 52.01 or of metal
                                           threads
              34                   ex C. Of other textile materials other than jute or other textile bast
                                           fibres of heading No 57.03 or coir
                       58.02       Other carpets, carpeting, rugs, mats and matting, and 'Kelem',
                                   'Schumacks' and ' Karamanie' rugs and the like (made up or not):
              35                   ex A. Carpets, whether tufted or not other than of jute or other
                                           textile bast fibres of heading No 57.03 or coir
              36
                   ||                  B. 'Kelem', 'Schumacks' and 'Karamanie' rugs and the like
              37       58.03       Tapestries, hand-made, of the type Gobelins," Flanders, Aubusson,
                                   Beauvais and the like, and needle-worked tapestries (for example,
                                   petit point and cross stitch) made in panels and the like by hand
              38       58.05       Narrow woven fabrics, and narrow fabrics (bolduc) consisting of
                                   warp without weft assembled by means of an adhesive, other than
                                   goods falling within heading No 58.06 '
              39       58.06       Woven labels, badges and the like, not embroidered, in the piece, in
                                   strips or cut to shape or size
              40       58.07       Chenille yarn (including flock chenille yarn), gimped yarn (other
                                   than metallized yarn of heading No 52.01 and gimped horsehair
                                   yarn); braids and ornamental trimmings in the piece; tassels,
                                   pompons and the like
              41       58.08       Tulle and other net fabrics (but not including woven, knitted or
                                   crocheted fabrics), plain
              42       58.09       Tulle and other net fabrics (but not including woven, knitted or
                                   crocheted fabrics), figured ; hand or mechanically made lace, in the
                                   piece, in strips or in motifs
                   CHAPTER 59
              43       59.01       Wadding and articles of wadding; textile flock and dust and mill
                                   neps
              44       59.02       Felt and articles of felt, whether or not impregnated or coated
              45       59.03       Bonded fibre fabrics, similar bonded yarn fabrics, and articles of
                                   such fabrics, whether or not impregnated or coated
 ---pagebreak--- 30                  Official Journal of the European Communities                               29 . 11 . 75
             CCT
   Order   heading
    No
                                                        Description
              No
    46     59.05        Nets and netting made of twine, cordage or rope, and made up
                        fishing nets of yarn, twine, cordage or rope
    47      59.06        Other articles made from yarn, twine, cordage, rope or cables other
                        than textile fabrics and articles made from such fabrics
    48     59.07        Textile fabrics coated with gum or amylaceous substances of a kind
                        used for the outer covers of books and the like; tracing cloth;
                        prepared painting canvas; buckram and similar fabrics for hat
                        foundations and similar uses
    49      59 . 08     Textile fabrics impregnated, coated, covered or laminated with pre­
                        parations of cellulose derivatives or of other artificial plastic
                        materials
    50      59.09       Textile fabrics coated or impregnated with oil or preparations with
                        a basis of drying oil
    51     59.10        Linoleum and materials prepared on a textile base in a similar
                         manner to linoleum, whether or not cut to shape or of a kind used
                        as floor coverings; floor coverings consisting of a coating applied on
                        a textile base, cut to shape or not
    52      59.11       Rubberized textile fabrics, other than rubberized knitted or crocheted
                        goods
    53      59.12        Textile fabrics otherwise impregnated or coated; painting canvas
                        being theatrical scenery, studio back-cloths or the like
    54      59.13       Elastic fabrics and trimmings (other than knitted or crocheted goods)
                         consisting of textile materials combined with rubber threads
    55      59.14       Wicks, of woven, plaited or knitted textile materials, for lamps,
                        stoves, lighters, candles and the like; tubular knitted gas-mantle
                        fabric and incandescent gas mantles
    56      59.15       Textile hosepiping and similar tubing, with or without lining,
                         armour or accessories of other materials
    57      59.16        Transmission, conveyor or elevator belts or belting, of textile
                        material, whether or not strengthened with metal or other
                        material
    58      59.17       Textile fabrics and textile articles of a kind commonly used in
                        machinery or plant
         CHAPTER 60
    59      60.01        Knitted or crocheted fabrics, not elastic or rubberized :
                         A. Of wool or of fine animal hair
 ---pagebreak--- 29 . 11 . 75                               Official Journal of the European Communities                                         31
                               CCT
               Order                                                             Description
                              heading
                No              No
                 60         ex 60.02             Gloves, mittens and mitts, knitted or crocheted, not elastic or rub­
                                                 berized , other than of cotton
                 61            60.05             Outer garments and other articles, knitted or crocheted, not elastic
                                                 or rubberized :
                                                 A. Outer garments and clothing accessories:
                                                      I. Jerseys and pullovers, containing at least 50% by weight of
                                                            wool and weighing 600 g or more per article (*)
                 62            60.06              Knitted or crocheted fabric and articles thereof, elastic or rubberized
                                                  (including elastic knee-caps and elastic stockings):
                                                 B.    Other
                          CHAPTER 61
                 63         ex 61.04              Women's, girls' and infants' under garments, other than of cotton
                 64            61.06              Shawls, scarves, mufflers, mantillas, veils and the like
                 65            61.07              Ties, bow ties and cravats
                 66            61.08              Collars, tuckers, fallals, bodice-fronts, jabots, cuffs, flounces, yokes
                                                 and similar accessories and trimmings for women's and girls'
                                                  garments
                 67            61.09              Corsets, corset-belts, suspender-belts, brassieres, braces, suspenders,
                                                 garters and the like (including such articles of knitted or crocheted
                                                  fabric), whether or not elastic
                 68            61.10              Gloves, mittens, mitts, stockings, socks and sockettes, not being
                                                  knitted or crocheted goods
                 69            61.11              Made up accessories for articles of apparel (for example, dress
                                                  shields, shoulder and other pads, belts, muffs, sleeve protectors,
                                                  pockets)
                           CHAPTER 62
                 70            62.01              Travelling rugs and blankets :
                                                  A. Electrically heated
                                                  B.   Other :
                                                       II .  Of other textile materials
             (*) For products falling within this subheading, the maximum Community amount referred to in Article 1 (4) reduced
                 to 30 % .
 ---pagebreak--- 32                   Official Journal of the European Communities                               29 . 11 . 75
   Order      CCT
    No       heading                                   Description
               No
    71      62.03        Sacks and bags, of a kind used for the packing of goods :
                         B. Of other textile materials :
                              I. Used :
                                    a) Of flax or of sisal
                                 ex b) Other (excluding coir or cotton fibres)
    72   ex 62.05        Other made up textile articles (including dress patterns), other than
                         of jute, other than textile bast fibres of heading No 57.03 or coir
         CHAPTER 63
    73   ex 63.01        Clothing, clothing accessories, travelling rugs and blankets, house­
                         hold linen and furnishing articles (other than articles falling within
                          heading No 58.01, 58.02 or 58.03), of textile materials, footwear and
                         headgear of any material, showing signs of appreciable wear and
                         imported in bulk or in bales, sacks or similar bulk packings other
                          than of jute, other than textile bast fibres of heading No 57.03 or
                         coir
 ---pagebreak--- 29 . 11.75                          Official Journal of the European Communities                                       33
                                                        ANNEX B
                    List of developing countries and territories enjoying generalized tariff preferences
Afghanistan                                 Haiti                                          Qatar
Algeria                                     Honduras                                       Rwanda
Argentina                                   India                                          Saudi Arabia
Bahamas                                     Indonesia                                      Senegal
Bahrain                                     Iran                                           Sierra Leone
Bangladesh                                  Iraq                                           Singapore
Barbados                                    Ivory Coast                                    Somalia
Bhutan                                      Jamaica                                        Sri Lanka
Bolivia                                     Jordan                                         Sudan
Botswana                                    Kenya                                           Surinam
Brazil                                      Khmer Republic                                 Swaziland
Burma                                       Korea ( South)                                  Syria
Burundi                                     Kuwait                                         Tanzania
Cameroon                                    Laos                                           Thailand
Cape Verde Islands                          Lebanon                                        Togo
Central African Republic                    Lesotho                                        Tonga
Chad                                        Liberia                                        Trinidad and Tobago
Chile                                       Libya                                          Tunisia
Colombia                                    Malagasy Republic                              Uganda
Congo, People's Republic of                 Malawi                                          United Arab Emirates :
Costa Rica                                  Malaysia                                             Abu Dhabi
Cuba                                        Maldive Islands                                      Dubai
Cyprus                                      Mali                                                 Ras al Khaimah
Dahomey                                     Mauritania                                           Fujairah
Dominican Republic                          Mauritius                                            Ajman
Ecuador                                     Mexico                                               Sharjah
Egypt, Arab Republic of                     Morocco                                              Ummal Qaiwain
El Salvador                                 Nauru                                           Upper Volta
Equatorial Guinea                           Nepal                                           Uruguay
Ethiopia                                    Nicaragua                                       Venezuela
Fiji                                        Niger                                           Vietnam, Republic of
Gabon                                       Nigeria                                         Western Samoa
Gambia                                      Oman                                            Yemen, People's Democratic
Ghana                                       Pakistan                                        Republic of
Grenada                                     Panama                                          Yemen Arab Republic
Guatemala                                    Papua New Guinea                               Yugoslavia
Guinea                                                                                      Zaire
                                            Paraguay
Guinea Bissau                                                                               Zambia
                                            Peru
Guyana                                      Philippines