Avis juridique important
Council Regulation (EEC) No 3378/82 of 8 December 1982 applying generalized tariff preferences for 1983 to textile products originating in developing countries
Official Journal L 363 , 23/12/1982 P. 0092 - 0173
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( 1 ) OJ NO C 274 , 18 . 10 . 1982 , P . 89 .
( 2 ) OJ NO C 292 , 8 . 11 . 1982 , P . 105 .
( 3 ) OJ NO C 326 , 13 . 12 . 1982 , P . 4 .
( 4 ) OJ NO L 148 , 28 . 6 . 1968 , P . 1 .
( 5 ) OJ NO L 130 , 27 . 5 . 1980 , P . 92 .
COUNCIL REGULATION ( EEC ) NO 3378/82 OF 8 DECEMBER 1982 APPLYING GENERALIZED TARIFF PREFERENCES FOR 1983 TO TEXTILE PRODUCTS ORIGINATING IN DEVELOPING COUNTRIES
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,
WHEREAS IN ACCORDANCE WITH ITS OFFER MADE WITHIN THE CONTEXT OF THE UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT ( UNCTAD ) THE EUROPEAN ECONOMIC COMMUNITY OPENED GENERALIZED TARIFF PREFERENCES , COMMENCING IN 1971 , WITH PARTICULAR REFERENCE TO FINISHED AND SEMI-FINISHED INDUSTRIAL PRODUCTS FROM DEVELOPING COUNTRIES ; WHEREAS THE INITIAL 10-YEAR PERIOD OF APPLICATION OF THIS SYSTEM OF PREFERENCES ENDED ON 31 DECEMBER 1980 ;
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 GENERALIZED PREFERENCES SYSTEM WOULD NOT BE FULLY ATTAINED BY THE END OF 1980 , THAT IT SHOULD CONSEQUENTLY BE PROLONGED BEYOND THE INITIAL PERIOD AND THAT AN OVERALL REVIEW OF THE SYSTEM SHOULD TAKE PLACE IN 1990 ;
WHEREAS THE COMMUNITY HAS THEREFORE DECIDED TO APPLY GENERALIZED TARIFF PREFERENCES , IN THE CONTEXT OF THE CONCLUSIONS AGREED IN UNCTAD IN ACCORDANCE WITH THE INTENTION 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WHEREAS THE TEMPORARY AND NON-BINDING NATURE OF THE SYSTEM MEANS THAT THE OFFER CAN BE WITHDRAWN WHOLLY OR IN PART AT A LATER DATE , THUS MAINTAINING THE POSSIBILITY OF REMEDYING ANY UNFAVOURABLE SITUATIONS WHICH MIGHT ARISE IN THE AFRICAN , CARIBBEAN AND PACIFIC STATES ( ACP STATES ) AS A RESULT OF THE SYSTEM'S IMPLEMENTATION ;
WHEREAS , HOWEVER , MOST OF THE PREFERENCE-GIVING COUNTRIES EXCLUDE TEXTILE PRODUCTS FROM PREFERENTIAL TREATMENT ; WHEREAS , UNDER THE COMMUNITY SCHEME OF GENERALIZED PREFERENCES , THESE PRODUCTS HAVE ALWAYS BEEN COVERED BY SPECIAL ARRANGEMENTS PURSUANT TO WHICH , FOR COTTON TEXTILE AND SIMILAR PRODUCTS , THE PREFERENCES WERE ORIGINALLY GRANTED IN THE FORM OF DUTY-FREE CEILINGS ONLY TO THOSE BENEFICIARIES UNDER THE GENERALIZED PREFERENCES SCHEME WHICH WERE SIGNATORIES TO THE LONG-TERM ARRANGEMENT REGARDING INTERNATIONAL TRADE IN COTTON TEXTILES ( LTA ) OR WHICH UNDERTOOK VIS-A-VIS THE COMMUNITY COMMITMENTS SIMILAR TO THOSE EXISTING UNDER THAT ARRANGEMENT ;
WHEREAS , FOLLOWING THE REPLACEMENT OF THE LONG-TERM ARRANGEMENT BY THE ARRANGEMENT REGARDING INTERNATIONAL TRADE IN TEXTILES ( MFA ) , THE COMMUNITY HAS SINCE 1980 , IN THE CASE OF PRODUCTS COVERED BY THE MFA , RESERVED PREFERENCES IN THE FORM OF DUTY-FREE CEILINGS , FOR PRODUCTS ORIGINATING IN THOSE COUNTRIES OR TERRITORIES WHICH SIGNED BILATERAL AGREEMENTS , IN THE FRAMEWORK OF THE MFA , PROVIDING FOR QUANTITATIVE LIMITATION OF THEIR EXPORTS OF CERTAIN TEXTILE PRODUCTS TO THE COMMUNITY , OR IN THOSE COUNTRIES WHICH UNDERTOOK SIMILAR COMMITMENTS VIS-A-VIS THE COMMUNITY ; WHEREAS , FOR THESE PRODUCTS , IT IS THEREFORE DESIRABLE THAT THE COMMUNITY SHOULD CONTINUE TO APPLY THE GENERALIZED TARIFF PREFERENCES ON THE BASIS OF THE SAME PRINCIPLES UNTIL THE EXPIRY OF THE MFA AND THE BILATERAL AGREEMENTS CONCLUDED WITH CERTAIN SUPPLIER COUNTRIES ; WHEREAS THE SAID BILATERAL AGREEMENTS ARE DUE TO EXPIRE ON 31 DECEMBER 1982 AND NEGOTIATIONS ARE TAKING PLACE TO RENEW THEM UNTIL 31 DECEMBER 1986 ; WHEREAS , IN THESE CIRCUMSTANCES , IT IS APPROPRIATE THAT PREFERENTIAL TREATMENT FOR MFA TEXTILES SHOULD BE ACCORDED ONLY TO COUNTRIES OR TERRITORIES WHICH HAVE ACCEPTED THE RENEWAL OF THEIR AGREEMENTS WITH THE COMMUNITY , OR ENTERED INTO SIMILAR COMMITMENTS IN RESPECT OF THE COMMUNITY , WHEN THIS REGULATION ENTERS INTO FORCE ; WHEREAS IT SHOULD BE PROVIDED THAT COUNTRIES AND TERRITORIES ACCEPTING THE RENEWAL OF SUCH AGREEMENTS OR GIVING SUCH COMMITMENTS AFTER THE DATE OF ADOPTION OF THIS REGULATION AND BEFORE 1 JANUARY 1983 WILL BE ACCORDED PREFERENTIAL TREATMENT AS FROM 1 FEBRUARY 1983 IN RESPECT OF THE ENTIRE VOLUME PROVIDED FOR IN THIS REGULATION ; WHEREAS COUNTRIES AND TERRITORIES WHICH ACCEPT THE RENEWAL OF THE SAID AGREEMENTS OR ENTER INTO SIMILAR COMMITMENTS BETWEEN 1 JANUARY AND 31 OCTOBER 1983 WILL BE ACCORDED PREFERENTIAL TREATMENT FROM THE FIRST DAY OF THE SECOND MONTH FOLLOWING THE DATE OF COMMITMENT , IN RESPECT OF A VOLUME CALCULATED IN PROPORTION TO THE PERIOD OF THE YEAR FROM THE FIRST DAY OF THE MONTH FOLLOWING THE DATE OF THE COMMITMENT UNTIL 31 DECEMBER 1983 ; WHEREAS IN VIEW OF THE SPECIAL NATURE WHICH TRADE IN THE PRODUCTS CONCERNED MAY HAVE , IT WOULD APPEAR THAT THE VOLUMES OF PREFERENTIAL IMPORTS SHOULD BE DETERMINED IN TERMS OF TONNES , PIECES , OR PAIRS , AS APPROPRIATE , BY REFERENCE TO THE CATEGORIES INTO WHICH PRODUCTS ARE DIVIDED AND TO A UNIFORM PERCENTAGE , FOR EACH OF THE CATEGORIES , OF TOTAL IMPORTS INTO THE COMMUNITY IN 1977 ; WHEREAS , IN ORDER TO ENSURE THAT EACH OF THE COUNTRIES OR TERRITORIES REFERRED TO ABOVE HAS ACCESS TO THE PREFERENTIAL VOLUMES , SEPARATE TARIFF CEILINGS FOR EACH BENEFICIARY , WHETHER OR NOT ALLOCATED AMONG THE MEMBER STATES , SHOULD BE SPECIFIED FOR EACH CATEGORY OF PRODUCTS ;
WHEREAS FOR PRODUCTS NOT COVERED BY THE MFA IT WOULD APPEAR POSSIBLE TO GRANT THE PREFERENCES TO THE COUNTRIES OR TERRITORIES WHICH ARE NORMALLY BENEFICIARIES IN THE OTHER INDUSTRIAL SECTORS ;
WHEREAS , FOR JUTE AND COIR PRODUCTS , IT WAS UNDERSTOOD THAT THE PREFERENCES WOULD BE GRANTED ONLY WHERE SPECIAL ARRANGEMENTS HAD BEEN MADE WITH THE EXPORTING DEVELOPING COUNTRIES ; WHEREAS THESE ARRANGEMENTS HAVE HITHERTO CONCERNED INDIA AND SRI LANKA FOR COIR PRODUCTS , AND INDIA AND THAILAND FOR JUTE PRODUCTS ; WHEREAS , IT WOULD APPEAR DESIRABLE TO EXTEND THE PREFERENTIAL ADVANTAGE TO THE LEAST-DEVELOPED COUNTRIES IN RESPECT OF JUTE AND COIR .
WHEREAS , IN RESPECT OF TEXTILE PRODUCTS , TAKING ACCOUNT OF THE RENEWAL OF THE MFA AND THE CONCLUSION OF BILATERAL AGREEMENTS WITH CERTAIN SUPPLIER COUNTRIES OR TERRITORIES , A SUBSTANTIAL IMPROVEMENT IN THE ARRANGEMENTS WAS NOTED IN 1980 ; WHEREAS SUCH SUBSTANTIAL IMPROVEMENT WAS ONLY MADE POSSIBLE BY ENSURING THAT THE IMPROVEMENT CONTINUED TO BE COMPATIBLE WITH THE SITUATION IN THE COMMUNITY SECTOR CONCERNED AND BY ENSURING THAT A BETTER BALANCE WAS ACHIEVED IN THE DISTRIBUTION OF THE ADVANTAGES GRANTED TO THE BENEFICIARY COUNTRIES OR TERRITORIES ; WHEREAS , WHILST TAKING ACCOUNT OF THE SAME PREOCCUPATIONS AND ON THE BASIS OF THE SAME PRINCIPLES A NEW IMPROVEMENT CAN BE EFFECTED FOR THE 1983 PREFERENTIAL EXERCISE IN RELATION BOTH TO THE VOLUMES OPENED AND TO THE SIMPLIFICATION OF THE MANAGEMENT ;
WHEREAS , IN THE MULTILATERAL TRADE NEGOTIATIONS , IN ACCORDANCE WITH PARAGRAPH 6 OF THE TOKYO DECLARATION , THE COMMUNITY REAFFIRMED THAT SPECIAL TREATMENT SHOULD BE GRANTED , WHEREVER THIS IS POSSIBLE , TO THE LEAST-DEVELOPED DEVELOPING COUNTRIES APPEARING ON THE LIST IN ANNEX E ;
WHEREAS THE BENEFIT OF SUCH PREFERENTIAL TARIFF TREATMENT SHOULD BE RESERVED FOR PRODUCTS ORIGINATING IN THE COUNTRIES OR TERRITORIES UNDER CONSIDERATION , THE CONCEPT OF " ORIGINATING PRODUCTS " BEING DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 OF COUNCIL REGULATION ( EEC ) NO 802/68 OF 27 JUNE 1968 ON THE COMMON DEFINITION OF THE CONCEPT OF ORIGIN OF GOODS ( 4 ) ;
WHEREAS THE COMMUNITY PREFERENCE ARRANGEMENTS APPLICABLE TO YUGOSLAVIA FOR TEXTILE PRODUCTS RESULT EXCLUSIVELY FROM THE PROVISIONS OF THE INTERIM AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA ( 5 ) ; WHEREAS , CONSEQUENTLY , YUGOSLAVIA IS INCLUDED IN THE LIST OF BENEFICIARY COUNTRIES WITHIN THE FRAMEWORK OF THE JOINT DECLARATION ON PROTOCOL 1 AND ARTICLES 8 , 9 AND 10 ;
WHEREAS , FROM 1 JANUARY 1981 , THE HELLENIC REPUBLIC HAS APPLIED THE COMMUNITY SCHEME OF GENERALIZED PREFERENCES , IN ACCORDANCE WITH ARTICLE 117 OF THE ACT OF ACCESSION OF 1979 ;
WHEREAS , FOR THE PRODUCTS COVERED BY THE MFA , IT WOULD SEEM APPROPRIATE TO APPLY A CERTAIN UNIFORM PERCENTAGE TO THE DATA CONCERNING TOTAL IMPORTS BY THE BENEFICIARIES INTO THE COMMUNITY IN 1977 , BY CATEGORY OF PRODUCTS , IN ORDER THAT THE ZERO-DUTY PREFERENTIAL VOLUME TO WHICH THEY ARE ENTITLED MAY BE DETERMINED ;
WHEREAS , FOR THE PRODUCTS NOT COVERED BY THE MFA , THE OBJECTIVES REFERRED TO ABOVE MAY BE ACHIEVED BY PROVIDING , IN RESPECT OF EACH CATEGORY OF PRODUCTS , FOR TARIFF CEILINGS , WHETHER OR NOT ALLOCATED AMONG THE MEMBER STATES ( BUT WITH INDIVIDUAL CEILINGS FOR EACH BENEFICIARY ) , SET AT A LEVEL CORRESPONDING IN GENERAL TO 28 % OF THE TOTAL VOLUME OF IMPORTS INTO THE COMMUNITY IN 1980 OF THE CATEGORY OF PRODUCTS IN QUESTION FROM ALL BENEFICIARIES ;
WHEREAS , CONSEQUENTLY , FOR 1983 THE COMMUNITY SHOULD OPEN :
- IN RESPECT OF EACH OF THE CATEGORIES OF PRODUCTS COVERED BY THE MFA WHICH ARE LISTED IN ANNEXES A , SEPARATE COMMUNITY TARIFF CEILINGS FOR EACH BENEFICIARY , WHETHER OR NOT ALLOCATED AMONG THE MEMBER STATES , AT A ZERO RATE OF DUTY WITHIN THE LIMITS OF THE QUANTITIES SPECIFIED FOR EACH OF THE COUNTRIES OR TERRITORIES OF ORIGIN IN COLUMNS 6 OR 7 OF THE SAID ANNEX ,
- IN RESPECT OF EACH OF THE CATEGORIES OF PRODUCTS NOT COVERED BY THE MFA , ORIGINATING IN THE COUNTRIES AND TERRITORIES LISTED IN ANNEX D , COMMUNITY TARIFF CEILINGS AT A ZERO RATE OF DUTY , WHETHER OR NOT ALLOCATED AMONG THE MEMBER STATES , BUT WITH SEPARATE CEILINGS FOR EACH BENEFICIARY , WITHIN THE LIMITS OF THE QUANTITIES SPECIFIED IN COLUMNS 6 OR 7 OF ANNEX B ,
- IN RESPECT OF THE MANUFACTURED JUTE AND COIR PRODUCTS LISTED IN ANNEX C , A TOTAL SUSPENSION OF CUSTOMS DUTIES FOR THE BENEFICIARY COUNTRIES SPECIFIED IN COLUMN 3 AGAINST EACH OF THE CATEGORIES OF PRODUCTS SHOWN IN COLUMN 2 ;
WHEREAS , AS REGARDS THE COMMUNITY TARIFF CEILINGS ALLOCATED AMONG THE MEMBER STATES :
- IT IS NECESSARY TO GUARANTEE TO ALL IMPORTERS EQUAL AND CONTINUOUS ACCESS TO THE ABOVEMENTIONED CEILINGS AND UNINTERRUPTED APPLICATION OF THE RATES LAID DOWN FOR THOSE CEILINGS TO ALL IMPORTS OF THE PRODUCTS CONCERNED INTO ALL MEMBER STATES UNTIL THE CEILINGS HAVE BEEN USED UP ,
- HAVING REGARD TO THE ABOVEMENTIONED PRINCIPLES , IT WOULD APPEAR THAT THE COMMUNITY NATURE OF THE CEILINGS CAN BE RESPECTED BY ALLOCATING THEM AMONG THE MEMBER STATES ,
- THE ACTUAL CHARGES AGAINST THE CEILINGS MAY RELATE ONLY TO GOODS WHICH ARE ENTERED FOR FREE CIRCULATION AND ARE ACCOMPANIED BY A CERTIFICATE OF ORIGIN ,
- IT WOULD BE ADVISABLE AT THIS STAGE TO ADOPT A FIXED SCALE FOR ALLOCATING THE CEILINGS CONCERNED AMONG THE MEMBER STATES ; WHEREAS , USING AS A BASIS GENERAL ECONOMIC CRITERIA RELATING TO EXTERNAL TRADE IN TEXTILES , AND IN PARTICULAR TO THE TREND OF TEXTILE IMPORTS INTO THE COMMUNITY IN RECENT YEARS , THE PERCENTAGES FOR THE MEMBER STATES' INITIAL SHARES OF THE COMMUNITY CEILINGS ARE AS FOLLOWS FOR THE YEAR UNDER CONSIDERATION :
BENELUX * 10 %
DENMARK * 3 %
GERMANY * 28 %
GREECE * 2 %
FRANCE * 18 %
IRELAND * 1 %
ITALY * 15 %
UNITED KINGDOM * 23 %
- WITHOUT AFFECTING THE COMMUNITY NATURE OF THE CEILINGS , IT APPEARS POSSIBLE TO PROVIDE AT THIS STAGE FOR A UTILIZATION SCHEME BASED ON A SINGLE ALLOCATION AMONG THE MEMBER STATES ; WHEREAS , AT THE PRESENT JUNCTURE , IT APPEARS FEASIBLE THAT SUCH ALLOCATION COULD , IN GENERAL , BE MADE ACCORDING TO THE PERCENTAGES SET OUT IN THE TABLE ABOVE ; WHEREAS , WITHIN THE FRAMEWORK OF THE NATIONAL SHARES , THE LEVYING OF NORMAL CUSTOMS DUTIES IS REINTRODUCED AS SOON AS POSSIBLE WHEN THE LEVEL OF EACH SHARE IS REACHED ,
- THE METHOD OF ADMINISTRATION OF THE CEILINGS MUST MAKE PROVISION FOR THE IMMEDIATE REINTRODUCTION OF THE LEVYING OF CUSTOMS DUTIES AS SOON AS THE SAID CEILINGS ARE REACHED AT COMMUNITY LEVEL ;
WHEREAS , AS REGARDS THE COMMUNITY TARIFF CEILINGS WHICH ARE NOT ALLOCATED AMONG THE MEMBER STATES THE OBJECTIVES SOUGHT MAY BE ACHIEVED BY APPLYING A METHOD OF ADMINISTRATION BASED ON THE CHARGING , AT COMMUNITY LEVEL , OF IMPORTS OF THE PRODUCTS IN QUESTION AGAINST THE CEILINGS AS AND WHEN THESE PRODUCTS ARE ENTERED FOR FREE CIRCULATION AND ARE ACCOMPANIED BY A CERTIFICATE OF ORIGIN ; WHEREAS THIS METHOD OF ADMINISTRATION MUST MAKE PROVISION FOR THE REINTRODUCTION OF THE LEVYING OF CUSTOMS DUTIES AS SOON AS THE SAID CEILINGS ARE REACHED AT COMMUNITY LEVEL ;
WHEREAS THE METHODS OF ADMINISTRATION FOR THE PRODUCTS LISTED IN ANNEXES A AND B CALL FOR CLOSE AND PARTICULARLY RAPID COOPERATION BETWEEN MEMBER STATES AND THE COMMISSION , WHICH MUST , IN PARTICULAR , BE ABLE TO KEEP UNDER OBSERVATION THE EXTENT TO WHICH CHARGES ARE MADE AGAINST THE CEILINGS , WHETHER OR NOT ALLOCATED , AND INFORM MEMBER STATES THEREOF ; WHEREAS SUCH COOPERATION SHOULD BE PARTICULARLY CLOSE IN VIEW OF THE NEED FOR THE COMMISSION TO BE ABLE TO TAKE APPROPRIATE MEASURES TO REINTRODUCE CUSTOMS DUTIES WHEN ANY OF THE CEILINGS IS REACHED ;
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 SHARES ALLOCATED TO THAT ECONOMIC UNION MAY BE CARRIED OUT BY ANY ONE OF ITS MEMBERS ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . FROM 1 JANUARY TO 31 DECEMBER 1983 , THE COMMON CUSTOMS TARIFF DUTIES SHALL BE :
- TOTALLY SUSPENDED IN RESPECT OF THE JUTE AND COIR PRODUCTS LISTED IN ANNEX C ,
- TOTALLY SUSPENDED WITHIN THE FRAMEWORK OF COMMUNITY TARIFF CEILINGS , WHETHER OR NOT ALLOCATED AMONG THE MEMBER STATES , IN RESPECT OF THE PRODUCTS LISTED IN ANNEXES A AND B .
IMPORTS INTO GREECE OF THE PRODUCTS REFERRED TO ABOVE SHALL BE SUBJECT TO THE CUSTOMS DUTIES ESTABLISHED IN ACCORDANCE WITH ARTICLE 117 OF THE ACT OF ACCESSION OF 1979 .
2 . THE ARRANGEMENTS LAID DOWN IN PARAGRAPH 1 SHALL APPLY ONLY IN RESPECT OF PRODUCTS ORIGINATING IN THE COUNTRIES AND TERRITORIES :
- LISTED IN ANNEX E ,
- SPECIFIED INDIVIDUALLY IN COLUMNS 5 OF ANNEX A , PROVIDED THAT BY THE DATE OF ENTRY INTO FORCE OF THIS REGULATION SUCH COUNTRIES OR TERRITORIES HAVE ACCEPTED WITH THE COMMUNITY THE RENEWAL OF A BILATERAL AGREEMENT ON TRADE IN MFA TEXTILE PRODUCTS OR ENTERED INTO SIMILAR COMMITMENTS VIS-A-VIS THE COMMUNITY . COUNTRIES OR TERRITORIES WHICH ACCEPT THE RENEWAL OF SUCH AGREEMENTS OR ENTER INTO SUCH COMMITMENTS AFTER THE DATE OF ADOPTION OF THIS REGULATION AND BEFORE 1 JANUARY 1983 SHALL BE ACCORDED THE BENEFIT OF THE ARRANGEMENTS LAID DOWN IN PARAGRAPH 1 FROM 1 FEBRUARY 1983 IN RESPECT OF THE ENTIRE VOLUME PROVIDED FOR IN THIS REGULATION . COUNTRIES OR TERRITORIES WHICH ACCEPT THE RENEWAL OF THE SAID AGREEMENTS OR ENTER INTO SIMILAR COMMITMENTS BETWEEN 1 JANUARY AND 31 OCTOBER 1983 SHALL BE ACCORDED THE BENEFIT OF THE ARRANGEMENTS LAID DOWN IN PARAGRAPH 1 FROM THE FIRST DAY OF THE SECOND MONTH FOLLOWING THE DATE OF COMMITMENT , IN RESPECT OF A VOLUME CALCULATED IN PROPORTION TO THE PERIOD FROM THE FIRST DAY OF THE MONTH FOLLOWING THE DATE OF THE COMMITMENT UNTIL 31 DECEMBER 1983 ,
- LISTED IN ANNEX D , AS REGARDS THE PRODUCTS LISTED IN ANNEX B ,
- LISTED IN COLUMN 3 OF ANNEX C AGAINST EACH OF THE CATEGORIES OF PRODUCTS SPECIFIED IN COLUMN 2 .
3 . THOSE IMPORTS ALREADY ENJOYING EXEMPTION FROM CUSTOMS DUTIES UNDER OTHER PREFERENTIAL TARIFF ARRANGEMENTS GRANTED BY THE COMMUNITY SHALL NOT BE CHARGED AGAINST THE TARIFF CEILINGS REFERRED TO IN PARAGRAPH 1 . PREFERENTIAL ENTRY AS PROVIDED FOR IN THIS REGULATION SHALL BE SUBJECT TO CONFORMITY WITH THE CONCEPT OF " ORIGINATING PRODUCTS " , AS DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 OF REGULATION ( EEC ) NO 802/68 . HOWEVER , THE COMMUNITY PREFERENCE ARRANGEMENTS APPLICABLE IN RESPECT OF YUGOSLAVIA SHALL DERIVE EXCLUSIVELY FROM THE PROVISIONS OF THE INTERIM AGREEMENT BETWEEN THE COMMUNITY AND YUGOSLAVIA .
4 . WITH REGARD TO CARPETS , CARPETING AND RUGS OF WOOL OR FINE ANIMAL HAIR FALLING WITHIN HEADING NO 58.01 OF THE COMMON CUSTOMS TARIFF , THE CERTIFICATES OF ORIGIN FOR THESE PRODUCTS SHALL STATE THE NUMBER OF KNOTS PER METRE OF WARP .
5 . THE CEILINGS SHALL BE ADMINISTERED IN ACCORDANCE WITH THE FOLLOWING PROVISIONS .
SECTION I
PROVISIONS CONCERNING THE ADMINISTRATION OF THE COMMUNITY TARIFF CEILINGS NOT ALLOCATED AMONG MEMBER STATES
ARTICLE 2
1 . SUBJECT TO ARTICLES 3 AND 4 , PREFERENTIAL TARIFF TREATMENT SHALL BE ACCORDED , FOR EACH CATEGORY OF PRODUCTS SUBJECTED IN ANNEXES A AND B TO INDIVIDUAL CEILINGS NOT ALLOCATED AMONG THE MEMBER STATES AND WITHIN THE LIMITS OF THE QUANTITIES SPECIFIED IN COLUMN 7 OF ANNEXES A AND B RESPECTIVELY , TO CERTAIN OR EACH OF THE COUNTRIES OR TERRITORIES OF ORIGIN LISTED IN COLUMN 5 OF THOSE ANNEXES .
ARTICLE 3
AS SOON AS THE INDIVIDUAL CEILINGS DETERMINED IN ACCORDANCE WITH ARTICLE 2 ARE REACHED AT THE COMMUNITY LEVEL , THE LEVYING OF CUSTOMS DUTIES ON IMPORTS OF THE PRODUCTS IN QUESTION ORIGINATING IN EACH OF THE COUNTRIES OR TERRITORIES CONCERNED MAY AT ANY TIME BE REINTRODUCED UNTIL THE END OF THE PERIOD REFERRED TO IN ARTICLE 1 ( 1 ) .
ARTICLE 4
THE COMMISSION SHALL REINTRODUCE , BY MEANS OF A REGULATION , THE LEVYING OF CUSTOMS DUTIES IN RESPECT OF ANY ONE OF THE COUNTRIES AND TERRITORIES REFERRED TO IN ARTICLE 1 ( 2 ) , UNDER THE CONDITIONS LAID DOWN IN ARTICLE 3 .
SECTION II
PROVISIONS CONCERNING THE ADMINISTRATION OF THE COMMUNITY TARIFF CEILINGS ALLOCATED AMONG MEMBER STATES
ARTICLE 5
THE TOTAL SUSPENSION OF CUSTOMS DUTIES WITHIN THE FRAMEWORK OF THE COMMUNITY TARIFF CEILINGS ALLOCATED AMONG THE MEMBER STATES , REFERRED TO IN ARTICLE 1 ( 1 ) , CONCERNS THE CATEGORIES OF PRODUCTS IN ANNEXES A AND B , FOR EACH OF WHICH THE VOLUME OF THE CEILING IS SPECIFIED INDIVIDUALLY IN COLUMN 6 OF THOSE ANNEXES WITH REGARD TO CERTAIN BENEFICIARY COUNTRIES OR TERRITORIES OF ORIGIN LISTED IN COLUMN 5 OF THE SAME ANNEXES .
ARTICLE 6
1 . THE INDIVIDUAL COMMUNITY TARIFF CEILINGS REFERRED TO IN ARTICLE 5 SHALL BE ALLOCATED IN ACCORDANCE WITH THE FOLLOWING SCALE :
BENELUX * 10 %
DENMARK * 3 %
GERMANY * 28 %
GREECE * 2 %
FRANCE * 18 %
IRELAND * 1 %
ITALY * 15 %
UNITED KINGDOM * 23 %
2 . EACH MEMBER STATE SHALL DETERMINE ITS OWN SHARE BY APPLYING THE APPROPRIATE PERCENTAGE TO THE VOLUMES INDICATED IN COLUMN 6 OF ANNEXES A AND B , ROUNDING UP THE RESULT TO THE NEXT HIGHER UNIT ( KILOGRAM , PIECE OR PAIR ) IF NECESSARY .
3 . WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 8 , WITHIN THE FRAMEWORK OF THE NATIONAL SHARES , THE LEVYING OF NORMAL CUSTOMS DUTIES SHALL BE REINTRODUCED AS SOON AS POSSIBLE WHEN THE LEVEL OF EACH SHARE IS REACHED .
ARTICLE 7
MEMBER STATES SHALL TAKE ALL MEASURES NECESSARY TO ENSURE THAT IMPORTERS OF THE PRODUCTS CONCERNED HAVE FREE ACCESS TO THE SHARES ALLOCATED TO THEM .
ARTICLE 8
THE COMMISSION SHALL TAKE ALL NECESSARY MEASURES TO ENSURE THAT THE COMMUNITY TARIFF CEILINGS ALLOCATED AMONG THE MEMBER STATES ARE OBSERVED . WHEN THE CHARGES , AT COMMUNITY LEVEL , OF PRODUCTS ORIGINATING IN EACH OF THE COUNTRIES OR TERRITORIES LISTED IN COLUMN 5 OF ANNEXES A OR B AGAINST ANY OF THESE CEILINGS REACH THE CORRESPONDING AMOUNT SPECIFIED IN COLUMN 6 OF THE ABOVEMENTIONED ANNEXES , THE COMMISSION SHALL IMMEDIATELY NOTIFY THE MEMBER STATES OF THE DATE ON WHICH , AS A RESULT OF THIS FACT , THE NORMAL TARIFF IS TO BE REINTRODUCED IN RESPECT OF THE COUNTRY OR TERRITORY OR THE COUNTRIES OR TERRITORIES IN QUESTION . THIS NOTIFICATION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
SECTION III
GENERAL PROVISIONS
ARTICLE 9
THE PROVISIONS CONCERNING REINTRODUCTION OF THE LEVYING OF NORMAL CUSTOMS DUTIES SHALL NOT APPLY TO THE COUNTRIES LISTED IN ANNEX E .
ARTICLE 10
1 . IMPORTS OF THE PRODUCTS IN QUESTION SHALL BE CHARGED AGAINST THE NATIONAL SHARES AND THE COMMUNITY CEILINGS AS AND WHEN THE PRODUCTS ARE ENTERED FOR FREE CIRCULATION AND ARE ACCOMPANIED BY A CERTIFICATE OF ORIGIN PURSUANT TO THE RULES REFERRED TO IN ARTICLE 1 ( 3 ) .
2 . GOODS MAY BE CHARGED AGAINST A CEILING OR ADMITTED UNDER A NATIONAL SHARE ONLY IF THE CERTIFICATE OF ORIGIN REFERRED TO IN PARAGRAPH 1 IS PRESENTED BEFORE THE DATE ON WHICH THE LEVYING OF DUTIES IS REINTRODUCED .
3 . THE EXTENT TO WHICH THE CEILINGS HAVE BEEN USED UP SHALL BE DETERMINED AT COMMUNITY LEVEL ON THE BASIS OF THE IMPORTS CHARGED IN ACCORDANCE WITH PARAGRAPHS 1 AND 2 .
4 . ANY AMENDMENT TO THE LIST OF BENEFICIARIES , IN PARTICULAR BY THE ADDITION OF NEW COUNTRIES OR TERRITORIES , MAY ENTAIL A CORRESPONDING ADJUSTMENT TO THE VOLUME OF THE COMMUNITY CEILINGS OR MAXIMUM AMOUNTS .
ARTICLE 11
1 . EVERY THREE MONTHS , THE MEMBER STATES SHALL FORWARD TO THE STATISTICAL OFFICE OF THE EUROPEAN COMMUNITIES THE INFORMATION RELATING TO IMPORTS UNDER THIS REGULATION , IN ACCORDANCE WITH THE PROVISIONS OF THE NOMENCLATURE OF GOODS FOR EXTERNAL TRADE STATISTICS OF THE COMMUNITY AND STATISTICS OF TRADE BETWEEN MEMBER STATES ( NIMEXE ) .
2 . HOWEVER , IN THE CASE OF PRODUCTS SUBJECT TO ALLOCATED CEILINGS , THE MEMBER STATES SHALL , BY THE 11TH DAY OF EACH MONTH AT THE LATEST , FORWARD TO THE COMMISSION THE LIST OF CHARGES EFFECTED DURING THE PREVIOUS MONTH . IN THE CASE OF PRODUCTS SUBJECT TO NON-ALLOCATED CEILINGS , THE MEMBER STATES SHALL FORWARD TO THE COMMISSION , AT ITS REQUEST AND UNDER THE SAME CONDITIONS , THE LIST OF CHARGES EFFECTED DURING THE PREVIOUS MONTHS .
AT THE COMMISSION'S REQUEST , WHEN THE LEVEL OF 75 % OF THE NON-ALLOCATED CEILING IS REACHED , THE MEMBER STATES SHALL FORWARD TO THE COMMISSION THE LISTS OF CHARGES EVERY 10 DAYS ; THESE LISTS SHALL BE FORWARDED WITHIN FIVE DAYS FROM THE END OF EACH 10-DAY PERIOD .
ARTICLE 12
THE MEMBER STATES AND THE COMMISSION SHALL COOPERATE CLOSELY TO ENSURE COMPLIANCE WITH THIS REGULATION .
ARTICLE 13
THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1983 .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 8 DECEMBER 1982 .
FOR THE COUNCIL
THE PRESIDENT
U . ELLEMANN-JENSEN
ANNEX A , B , C : SEE OJ NO L 363 OF 23 . 12 . 82
ANNEX D
LIST OF DEVELOPING COUNTREIS AND TERRITORIES ENJOYING GENERALIZED TARIFF PREFERENCES ( 1 )
I . INDEPENDENT COUNTRIES
660 AFGHANISTAN ( 2 )
208 ALGERIA
330 ANGOLA
459 ANTIGUA AND BARBUDA
528 ARGENTINA
453 BAHAMAS
640 BAHRAIN
666 BANGLADESH ( 2 )
469 BARBADOS
421 BELIZE
284 BENIN ( 2 )
675 BHUTAN ( 2 )
516 BOLIVIA
391 BOTSWANA ( 2 )
508 BRAZIL
676 BURMA
328 BURUNDI ( 2 )
302 CAMEROON
306 CENTRAL AFRICAN REPUBLIC ( 2 )
244 CHAD ( 2 )
512 CHILE
720 CHINA
480 COLOMBIA
375 COMOROS ( 2 )
318 CONGO
436 COSTA RICA
448 CUBA
600 CYPRUS
460 DOMINICA
456 DOMINICAN REPUBLIC
500 ECUADOR
220 EGYPT
428 EL SALVADOR
310 EQUATORIAL GUINEA ( 2 )
334 ETHIOPIA ( 2 )
815 FIJI
314 GABON
252 GAMBIA ( 2 )
276 GHANA
473 GRENADA
416 GUATEMALA
260 GUINEA ( 2 )
257 GUINEA BISSAU ( 2 )
488 GUYANA
452 HAITI ( 2 )
424 HONDURAS
664 INDIA
700 INDONESIA
616 IRAN
612 IRAQ
272 IVORY COAST
464 JAMAICA
338 JIBUTI ( 2 )
628 JORDAN
696 KAMPUCHEA ( CAMBODIA )
346 KENYA
812 KIRIBATI
636 KUWAIT
684 LAOS ( 2 )
604 LEBANON
395 LESOTHO ( 2 )
268 LIBERIA
216 LIBYA
370 MADAGASCAR
386 MALAWI ( 2 )
701 MALAYSIA
667 MALDIVES ( 2 )
232 MALI ( 2 )
228 MAURITANIA
373 MAURITIUS
412 MEXICO
204 MOROCCO
366 MOZAMBIQUE
803 NAURU
672 NEPAL ( 2 )
432 NICARAGUA
240 NIGER ( 2 )
288 NIGERIA
652 NORTH YEMEN ( 2 )
649 OMAN
662 PAKISTAN
442 PANAMA
801 PAPUA NEW GUINEA
520 PARAGUAY
504 PERU
708 PHILIPPINES
664 QATER
247 REPUBLIC OF CAPE VERDE ( 2 )
066 ROMANIA
324 RWANDA ( 2 )
819 WESTERN SAMOA ( 2 )
311 SAO TOME AND PRINCIPE ( 2 )
632 SAUDI ARABIA
248 SENEGAL
355 SEYCHELLES AND DEPENDENCIES ( 2 )
264 SIERRA LEONE ( 2 )
706 SINGAPORE
806 SOLOMON ISLANDS
342 SOMALIA ( 2 )
728 SOUTH KOREA
656 SOUTH YEMEN ( 2 )
669 SRI LANKA
465 ST LUCIA
467 ST VINCENT
224 SUDAN ( 2 )
492 SURINAM
393 SWAZILAND
608 SYRIA
352 TANZANIA ( 2 )
680 THAILAND
280 TOGO ( 2 )
817 TONGA ( 2 )
472 TRINIDAD AND TOBAGO
212 TUNISIA
807 TUVALU
350 UGANDA ( 2 )
647 UNITED ARAB EMIRATES
236 UPPER VOLTA ( 2 )
524 URUGUAY
816 VANUATU
484 VENEZUELA
690 VIETNAM
048 YUGOSLAVIA
322 ZAIRE
378 ZAMBIA
382 ZIMBABWE
II . COUNTRIES AND TERRITORIES DEPENDENT OR ADMINISTERED , OR FOR WHOSE EXTERNAL RELATIONS MEMBER STATES OF THE COMMUNITY OR THIRD COUNTRIES ARE WHOLLY OR PARTLY RESPONSIBLE
808 AMERICAN OCEANIA ( 3 )
802 AUSTRALIAN OCEANIA ( CHRISTMAS ISLAND , COCOS ( KEELING ) ISLANDS , HEARD ISLAND AND MCDONALD ISLANDS , NORFOLK ISLAND )
413 BERMUDA
357 BRITISH INDIAN OCEAN TERRITORY
703 BRUNEI
463 CAYMAN ISLANDS
529 FALKLAND ISLANDS AND DEPENDENCIES
822 FRENCH POLYNESIA
044 GIBRALTAR
740 HONG KONG
743 MACAO
377 MAYOTTE
476 NETHERLANDS ANTILLES
809 NEW CALEDONIA AND DEPENDENCIES
814 NEW ZEALAND OCEANIA ( TOKELAU AND NIUE ISLANDS ; COOK ISLANDS )
813 PITCAIRN
890 POLAR REGIONS ( FRENCH SOUTHERN AND ANTARTIC TERRITORIES , AUSTRALIAN ANTARCTIC TERRITORIES , BRITISH ANTARCTIC TERRITORIES )
329 ST HELENA AND DEPENDENCIES
454 TURKS AND CAICOS ISLANDS
457 VIRGIN ISLANDS OF THE UNITED STATES
811 WALLIS AND FUTUNA ISLANDS
450 WEST INDIES
NOTE : THE ABOVE LISTS MAY BE AMENDED SUBSEQUENTLY TO TAKE ACCOUNT OF CHANGES IN THE INTERNATIONAL STATUS OF COUNTRIES OR TERRITORIES .
( 1 ) THE CODE NUMBER PRECEDING THE NAME OF EACH BENEFICIARY COUNTRY OR TERRITORY IS THAT GIVEN IN " GEONOMENCLATURE 1980 " ( REGULATION ( EEC ) NO 2566/79 - OJ NO L 294 , 21 . 11 . 1979 , P . 5 ) .
( 2 ) THIS COUNTRY IS ALSO INCLUDED IN ANNEX E .
( 3 ) AMERICAN OCEANIA INCLUDES : GUAM , AMERICAN SAMOA ( INCLUDING SWAIN'S ISLAND ) , MIDWAY ISLANDS , JOHNSTON AND SAND ISLANDS , WAKE ISLAND AND THE TRUST TERRITORY OF THE PACIFIC ISLANDS ( THE CAROLINE , MARIANAS AND MARSHALL ISLANDS ) .
ANNEX E
LIST OF LEAST-DEVELOPED DEVELOPING COUNTRIES
660 AFGHANISTAN
666 BANGLADESH
284 BENIN
675 BHUTAN
391 BOTSWANA
328 BURUNDI
306 CENTRAL AFRICAN REPUBLIC
244 CHAD
375 COMOROS
310 EQUATORIAL GUINEA
334 ETHIOPIA
252 GAMBIA
260 GUINEA
257 GUINEA BISSAU
452 HAITI
338 JIBUTI
684 LAOS
395 LESOTHO
386 MALAWI
667 MALDIVES
232 MALI
672 NEPAL
240 NIGER
652 NORTH YEMEN
247 REPUBLIC OF CAPE VERDE
324 RWANDA
819 WESTERN SAMOA
311 SAO TOME AND PRINCIPE
355 SEYCHELLES AND DEPENDENCIES
264 SIERRA LEONE
342 SOMALIA
656 SOUTH YEMEN
224 SUDAN
352 TANZANIA
200 TOGO
817 TONGA
350 UGANDA
236 UPPER VOLTA
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