Avis juridique important
Council Regulation (EEC) No 3602/81 of 7 December 1981 applying generalized tariff preferences for 1982 in respect of textile products originating in developing countries
Official Journal L 365 , 21/12/1981 P. 0090 - 0169
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( 1 ) OJ NO C 273 , 26 . 10 . 1981 , P . 88 .
( 2 ) OJ NO C 327 , 14 . 12 . 1981 , P . 107 .
( 3 ) OPINION DELIVERED ON 29 OCTOBER 1981 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ) .
( 4 ) OJ NO L 148 , 28 . 6 . 1968 , P . 1 .
( 5 ) OJ NO L 130 , 27 . 5 . 1980 , P . 92 .
COUNCIL REGULATION ( EEC ) NO 3602/81 OF 7 DECEMBER 1981 APPLYING GENERALIZED TARIFF PREFERENCES FOR 1982 IN RESPECT OF 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WHEREAS THE TEMPORARY AND NON-BINDING NATURE OF THE SYSTEM MEANS THAT THE OFFER CAN BE WITHDRAWN WHOLLY OR IN PART AT A LATER DATE , THUS MAINTAINING THE POSSIBILITY OF REMEDYING ANY UNFAVOURABLE SITUATIONS WHICH MIGHT ARISE IN THE AFRICAN , CARIBBEAN AND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 THE LONG-TERM ARRANGEMENT HAS BEEN REPLACED FROM 1980 ONWARDS BY THE ARRANGEMENT REGARDING INTERNATIONAL TRADE IN TEXTILES ( MFA ) , AND THE COMMUNITY HAS THEREFORE , 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 OF 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 ; 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 , 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 G ;
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 , THEREFORE , 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 NOT BROKEN DOWN INTO SEPARATE CEILINGS FOR EACH BENEFICIARY ) , SET AT A LEVEL CORRESPONDING IN GENERAL TO 56.1 % OF THE TOTAL VOLUME OF IMPORTS INTO THE COMMUNITY IN 1977 OF THE CATEGORY OF PRODUCTS IN QUESTION FROM ALL BENEFICIARIES ;
WHEREAS FOR 1982 , THEREFORE , THE COMMUNITY SHOULD PROVIDE :
- IN RESPECT OF EACH OF THE CATEGORIES OF PRODUCTS COVERED BY THE MFA WHICH ARE LISTED IN ANNEXES A AND B , FOR 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 COLUMN 6 OF THE SAID ANNEXES ,
- IN RESPECT OF EACH OF THE CATEGORIES OF PRODUCTS NOT COVERED BY THE MFA , ORIGINATING IN THE COUNTRIES AND TERRITORIES LISTED IN ANNEX F , FOR COMMUNITY TARIFF CEILINGS AT A ZERO RATE OF DUTY , WHETHER OR NOT ALLOCATED AMONG THE MEMBER STATES , BUT NOT BROKEN DOWN INTO SEPARATE CEILINGS FOR EACH BENEFICIARY , WITHIN THE LIMITS OF THE QUANTITIES SPECIFIED IN COLUMN 5 OF ANNEX C OR , AS REGARDS EACH CATEGORY OF PRODUCTS LISTED IN ANNEX D , SET AT A LEVEL CORRESPONDING IN GENERAL TO 56.1 % OF THE TOTAL VOLUME OF IMPORTS INTO THE COMMUNITY IN 1977 OF THE CATEGORY OF PRODUCTS IN QUESTION FROM ALL BENEFICIARIES ; WHEREAS CHARGES AGAINST EACH OF THE CEILINGS RELATING TO PRODUCTS LISTED IN ANNEXES C AND D MUST , AS A GENERAL RULE , REMAIN WITHIN COMMUNITY MAXIMUM AMOUNTS OF 30 % AND 50 % RESPECTIVELY , AS REGARDS THE PRODUCTS ORIGINATING IN ANY ONE OF THE ABOVEMENTIONED COUNTRIES OR TERRITORIES ,
- IN RESPECT OF THE MANUFACTURED JUTE AND COIR PRODUCTS LISTED IN ANNEX E , FOR THE 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 RELATING TO PRODUCTS LISTED IN ANNEXES A AND C :
- 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 , AND ALSO THE COMMUNITY MAXIMUM AMOUNTS IN THE CASE OF THE PRODUCTS LISTED IN ANNEX C , ARE REACHED AT COMMUNITY LEVEL ;
WHEREAS , AS REGARDS THE COMMUNITY TARIFF CEILINGS RELATING TO THE PRODUCTS LISTED IN ANNEXES B AND D , THE OBJECTIVES SOUGHT MAY BE ACHIEVED BY APPLYING A METHOD OF ADMINISTRATION BASED ON THE CHARGING , AT COMMUNITY LEVEL , AGAINST THE CEILINGS AND ALSO AGAINST THE ABOVEMENTIONED MAXIMUM AMOUNTS IN THE CASE OF THE PRODUCTS LISTED IN ANNEX D , OF IMPORTS OF THE PRODUCTS CONCERNED 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 OR MAXIMUM AMOUNTS ARE REACHED AT COMMUNITY LEVEL ;
WHEREAS THE METHODS OF ADMINISTRATION FOR THE PRODUCTS LISTED IN ANNEXES A , B , C AND D 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 MAXIMUM AMOUNTS 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 EITHER GENERALLY OR IN A PARTICULAR CASE WHEN ANY OF THE CEILINGS OR MAXIMUM AMOUNTS 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 1982 , THE COMMON CUSTOMS TARIFF DUTIES SHALL BE :
- TOTALLY SUSPENDED IN RESPECT OF THE JUTE AND COIR PRODUCTS LISTED IN ANNEX E ,
- 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 , B , C AND D .
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 :
- SPECIFIED INDIVIDUALLY IN COLUMN 5 OF ANNEXES A AND B OR LISTED IN ANNEX G ,
- LISTED IN ANNEX F , AS REGARDS THE PRODUCTS LISTED IN ANNEXES C AND D ,
- LISTED IN COLUMN 3 OF ANNEX E 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 RELATING TO THE PRODUCTS LISTED IN ANNEXES B AND D
ARTICLE 2
1 . SUBJECT TO ARTICLES 3 AND 4 , PREFERENTIAL TARIFF TREATMENT SHALL BE ACCORDED FOR EACH CATEGORY OF PRODUCTS LISTED IN ANNEXES B AND D , WITHIN THE LIMITS OF A COMMUNITY CEILING EQUAL :
- TO THE QUANTITY SPECIFIED IN COLUMN 6 OF ANNEX B FOR EACH OF THE COUNTRIES OR TERRITORIES OF ORIGIN LISTED IN COLUMN 5 OF THAT ANNEX ,
- AS REGARDS THE PRODUCTS LISTED IN ANNEX D , TO 56.1 % OF TOTAL IMPORTS INTO THE COMMUNITY IN 1977 OF THE CATEGORY OF PRODUCTS IN QUESTION FROM ALL BENEFICIARIES . HOWEVER , THE CEILING RESULTING FROM THIS CALCULATION MAY IN NO CASE EXCEED 127.5 % OF THE PREFERENTIAL VOLUME FIXED FOR 1978 .
2 . SUBJECT TO ARTICLES 3 AND 4 , WITHIN EACH CEILING RELATING TO THE PRODUCTS LISTED IN ANNEX D , CHARGES OF PRODUCTS , ORIGINATING IN ANY ONE OF THE COUNTRIES AND TERRITORIES LISTED IN ANNEX F SHALL NOT EXCEED A COMMUNITY MAXIMUM AMOUNT EQUIVALENT TO 50 % OF THIS CEILING .
ARTICLE 3
1 . AS SOON AS THE CEILINGS DETERMINED OR CALCULATED IN ACCORDANCE WITH ARTICLE 2 ( 1 ) , WHICH ARE LAID DOWN FOR IMPORTS INTO THE COMMUNITY OF PRODUCTS ORIGINATING IN A GIVEN COUNTRY OR TERRITORY WHICH IS A BENEFICIARY UNDER THE PREFERENCES , IN THE CASE OF PRODUCTS LISTED IN ANNEX B , OR IN ALL THE BENEFICIARY COUNTRIES OR TERRITORIES , IN THE CASE OF PRODUCTS LISTED IN ANNEX D , ARE REACHED AT COMMUNITY LEVEL , THE LEVYING OF CUSTOMS DUTIES ON IMPORTS OF THE PRODUCTS IN QUESTION FROM ANY OR ALL OF THE COUNTRIES AND TERRITORIES CONCERNED MAY AT ANY TIME BE REINTRODUCED UNTIL THE END OF THE PERIOD REFERRED TO IN ARTICLE 1 ( 1 ) .
2 . AS SOON AS THE MAXIMUM AMOUNTS CALCULATED IN ACCORDANCE WITH ARTICLE 2 ( 2 ) , WHICH ARE LAID DOWN FOR IMPORTS INTO THE COMMUNITY OF PRODUCTS ORIGINATING , AS REGARDS THE PRODUCTS LISTED IN ANNEX D , IN ANY OF THE COUNTRIES OR TERRITORIES WHICH ARE BENEFICIARIES UNDER THE PREFERENCES , ARE REACHED FOR ANY ONE OF THESE COUNTRIES OR TERRITORIES AT COMMUNITY LEVEL , THE LEVYING OF CUSTOMS DUTIES ON IMPORTS OF THE PRODUCTS IN QUESTION ORIGINATING IN THE COUNTRY OR TERRITORY 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 ALL OR 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 ALLOCATION AND ADMINISTRATION OF THE COMMUNITY TARIFF CEILINGS RELATING TO THE PRODUCTS LISTED IN ANNEXES A AND C
ARTICLE 5
1 . 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 C , FOR EACH OF WHICH THE VOLUME OF THE CEILING IS SPECIFIED :
- INDIVIDUALLY IN COLUMN 6 OF ANNEX A FOR EACH OF THE BENEFICIARY COUNTRIES OR TERRITORIES OF ORIGIN LISTED IN COLUMN 5 OF THE SAID ANNEX ,
- COLLECTIVELY IN COLUMN 5 OF ANNEX C FOR ALL THE BENEFICIARY COUNTRIES AND TERRITORIES LISTED IN ANNEX F .
2 . THE AMOUNT TO BE CHARGED IN RESPECT OF EACH OF THE BENEFICIARY COUNTRIES AND TERRITORIES LISTED IN ANNEX F AGAINST EACH OF THE TARIFF CEILING AMOUNTS RELATING TO THE PRODUCTS LISTED IN ANNEX C SHALL BE LIMITED TO THE MAXIMUM AMOUNT GIVEN IN COLUMN 6 OF THE SAID ANNEX C AGAINST EACH CATEGORY OF PRODUCTS .
ARTICLE 6
1 . THE SHARES OF THE COMMUNITY TARIFF CEILINGS RELATING TO PRODUCTS IN ANNEXES A AND C 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 ANNEX A AND COLUMN 5 OF ANNEX C , 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 ESTABLISHED IN THEIR TERRITORY 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 RELATING TO THE PRODUCTS IN ANNEXES A AND C AND THE MAXIMUM AMOUNT REFERRED TO IN ARTICLE 5 ( 2 ) ARE OBSERVED . WHEN THE CHARGES , AT COMMUNITY LEVEL , OF PRODUCTS ORIGINATING :
- IN ANY OR ALL THE COUNTRIES AND TERRITORIES LISTED IN ANNEX F , OR
- AS REGARDS THE PRODUCTS IN ANNEX A , IN ANY OF THE COUNTRIES OR TERRITORIES LISTED IN COLUMN 5 OF THAT ANNEX ,
AGAINST ANY OF THE COMMUNITY TARIFF CEILINGS REACH :
- THE CEILING SPECIFIED IN COLUMN 6 OF ANNEX A ,
- THE CEILING SPECIFIED IN COLUMN 5 OF ANNEX C , OR
- THE MAXIMUM AMOUNT SPECIFIED IN COLUMN 6 OF ANNEX C ,
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 G .
ARTICLE 10
1 . IMPORTS OF THE PRODUCTS IN QUESTION SHALL BE CHARGED AGAINST THE NATIONAL SHARES AND THE COMMUNITY CEILINGS AND MAXIMUM AMOUNTS 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 ( 2 ) .
2 . GOODS MAY BE CHARGED AGAINST A CEILING OR A MAXIMUM AMOUNT 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 AND MAXIMUM AMOUNTS 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
WHERE THE COMMISSION SO REQUESTS , AND IN ANY CASE AT LEAST MONTHLY , MEMBER STATES SHALL INFORM IT OF IMPORTS OF THE PRODUCTS CONCERNED ACTUALLY CHARGED AGAINST THE COMMUNITY SHARES , CEILINGS AND MAXIMUM AMOUNTS .
MOREOVER , THE MEMBER STATES SHALL FORWARD THIS INFORMATION EVERY QUARTER TO THE STATISTICAL OFFICE OF THE EUROPEAN COMMUNITIES 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 ) .
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 1982 .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 7 DECEMBER 1981 .
FOR THE COUNCIL
THE PRESIDENT
CARRINGTON
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