Council Regulation (EEC) No 3833/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of certain agricultural products originating in developing countries

COUNCIL   REGULATION   (EEC)   No   3833/90
of 20 December 1990
applying generalized tariff preferences for 1991 in respect of  certain agricultural products originating in developing countries<(BLK0)LA ORG="CCF">EN</(BLK0)LA>
THE   COUNCIL   OF   THE   EUROPEAN   COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular  Article  113 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament  (1),
Having regard to the opinion of the Economic and Social Committee  (2),
Whereas within the context of UNCTAD, the European Economic Community offered to grant tariff  preferences on certain agricultural products of Chapters  1 to 24 of the Common Customs Tariff  which originate in developing countries: whereas the preferential treatment proposed in that offer  consists, in respect of certain goods which are subject to the trade arrangements laid down in  Regulation (EEC) No  3033/80  (3), of a reduction in the fixed component of the charge applicable  to such goods by virtue of that Regulation, and, in respect of products which are subject to the  single customs duty, of a reduction in such duty; whereas preferential imports of the products  concerned should be effected in general without quantitative restrictions;
Whereas the positive role played by this system in improving access for developing countries to  the markets of the preference-giving countries was recognized at the ninth session of the UNCTAD  Special Committee on Preferences; whereas it was there agreed that the objectives of the system of  generalized preferences would not be fully achieved by the end of 1980, that consequently it should  be prolonged beyond the initial period; an overall review of the system has started in 1990;
Whereas it is desirable therefore that the Community continue to apply generalized tariff  preferences, in the context of the conclusions reached in UNCTAD and in accordance with the  intentions expressed in the said Committee in particular by all the preference-giving countries;
Whereas the temporary and non-binding nature of the system means that the offer may be withdrawn  wholly or in part at a later stage, thus maintaining the possibility of remedying any unfavourable  situations which might arise, including in the African, Caribbean and Pacific States (ACP States)  following the implementation of the system;
Whereas experience from the application of the Community scheme in the first 15  years has shown  that the scheme has to an appreciable extent achieved its intended objectives; whereas it is  therefore appropriate to maintain its fundamental features, namely a reduction in customs duties  without any restriction in the quantities imported for certain agricultural products listed in  Annex II, and a reduction in customs duties within the limits of Community fixed reduced-duty  amounts for preserved pineapples, extracts of coffee and tobacco;
Whereas, since 1  March 1986, the Kingdom of Spain and the Portuguese Republic have applied the  Community system of generalized preferences, in compliance with Articles  178 and 365 of the Act of  Accession;
Whereas in the multilateral trade negotiations, in accordance with paragraph  6 of the Tokyo  Declaration, the Community reaffirmed that special treatment should, whenever possible, be granted  to the least developed among the developing countries: whereas, therefore, the agricultural  products listed in Annex IV, originating in the least-developed developing countries which appear  in the list in Annex  V to this Regulation, should be totally exempt from customs duties;
Whereas, having regard to the rules applying to the repayment or remission of import or export  duties, and in particular to Council Regulation (EEC) No 1430/79  (4) and Commission Regulation  (EEC) No 3040/83  (5), a procedure should be laid down to regularize imports actually made within  the fixed reduced-duty amounts opened under this Regulation and thus provision should be made for  the Commission to be able to take appropriate measures;
Whereas such methods of administration call for close and particularly rapid cooperation between  the Member States and the Commission;
Whereas it is expedient that the Community should authorize the importation of the products  referred to in Annex II, originating in the countries and territories listed in Annex III, subject  to the customs duties given in respect of each of them, without quantitative limitations; whereas  the benefit of such preferential terms should be reserved for products originating in the countries  and territories under consideration, the concept of 'originating products` being adopted in  accordance with Commission Regulation (EEC) No  693/88  (1);
Whereas Hungary, Poland and Czechoslovakia have seen their economic situation decline to the point  where they face similar problems to those countries to which the generalized preferences have  applied in the past; whereas they should therefore benefit, on a transitional basis, from the  system of generalized preferences in order to increase their export earnings with a view to  stimulating their economic development, to promote their industrialization and to accelerate their  rate of growth;
Whereas, on 8 November 1990, the Commission recommended to the Council that it authorize it to  negotiate European Agreements with those three countries providing for the progressive  establishment of a free-trade area; whereas, this being the case, those countries should benefit  from the generalized preferential arrangements in 1991 until tariff concessions are granted under  those Agreements;
Wherea s the economic situation of Bulgaria is similar to that of the three aforementioned  countries; whereas it should therefore also benefit from the preferential arrangements in 1991;
Whereas the situation in Romania justifies treatment identical to that granted to the four  countries referred to above; whereas equivalent preferential arrangements should consequently be  established for that country in 1991;
Whereas it is appropriate to add to the list of beneficiary countries Mongolia, at the request of  that country, and Namibia, which has gained its independence;
Whereas the unification of Germany leads to an increase in the level of consumption in the  Community, and consequently certain preferential amounts should be increased;
Whereas the Republic of Korea does not treat the Community on an equal footing with other trade  partners and whereas it has taken discriminatory measures in respect of the Community in the sphere  of the protection of intellectual property; whereas therefore it is inappropriate that the Republic  of Korea should benefit from the system of generalized tariff preferences as long as this practice  continues;
Whereas it is necessary to establish complete statistics on imports admitted in accordance with  the provisions of this Regulation and to apply to the collection, preparation and transmission of  these statistics Council Regulations (EEC) No  1736/75  (2) and (EEC) No  3367/87  (3);
Whereas by Council Regulation (EEC) No  1672/89  (4) the customs duties applicable under the  Common Customs Tariff to a number of tropical products were reduced on a most-favoured-nation  basis; whereas for the sake of greater clarity and administrative simplicity it is appropriate to  exclude from the lists of products in Annexes II and IV hereto those products which are the subject  of a rate of customs duty on a most-favoured-nation basis equal to or lower than the rate of  customs duty which would be applicable under the generalized tariff preferences;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of  Luxembourg are united within and jointly represented by the Benelux Economic Union, any measure  concerning the administration of the fixed reduced-duty amount shares allocated to that economic  union may be carried out by any one of its members,