COUNCIL REGULATION (EC) No 602/98 of 9 March 1998 extending the coverage of Regulations (EC) No 3281/94 and No 1256/96 concerning Community schemes of generalised tariff preferences for the benefit of the least-developed countries

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Whereas Article 3 of Council Regulation (EC) No 3281/94 of 19 December 1994 applying a four-year scheme of generalised tariff preferences (1995 to 1998) in respect of certain industrial products originating in developing countries (1) provides for more favourable tariff treatment for the least-developed countries;

Whereas Article 3 of Council Regulation (EC) No 1256/96 of 20 June 1996 applying multiannual schemes of generalised tariff preferences from 1 July 1996 to 30 June 1999 in respect of certain agricultural products originating in developing countries (2) likewise provides for more favourable tariff treatment for the least-developed countries;

Whereas at the Singapore ministerial conference in December 1996 the World Trade Organisation (WTO) member countries pledged to carry out an action plan to improve access to their markets for products originating in the least-developed countries;

Whereas on 2 June 1997 the Council, on the basis of a Commission communication of 16 April 1997, adopted conclusions calling for the implementation of the Singapore conclusions in particular by granting least-developed countries not party to the Fourth ACP-EC Convention preferences equivalent to those enjoyed by signatories to that Convention;

Whereas equivalent treatment for industrial products means including the Generalised System of Preferences (GSP) scheme all products currently excluded from it but exempt from customs duties under the Fourth ACP-EC Convention;

Whereas agricultural products subject under the Fourth ACP-EC Convention to a tariff reduction but not to a tariff quota should be included in the scheme for the benefit of least-developed countries by applying one of the preferential rates of duty provided for in Article 2 of Regulation (EC) No 1256/96, in line with the reduction accorded by the Fourth ACP-EC Convention,

HAS ADOPTED THIS REGULATION:

Article 1

Access to the arrangements provided for in Article 3(1) of Regulation (EC) No 3281/94 is hereby extended to the products listed in Annex I to this Regulation.

Article 2

The arrangements laid down in Article 3(1) of Regulation (EC) No 1256/96 shall be supplemented by applying to the products listed in Annex II to this Regulation one of the preferential rates of duty specified in Article 2 of Regulation (EC) No 1256/96, according to product sensitivity.

Article 3

The list of least-developed countries in Annex IV to Regulations (EC) Nos 3281/94 and 1256/96 is hereby amended as follows:

- in Annex IV to Regulation (EC) No 3281/94, '330 Angola` shall be inserted after '328 Burundi` and '391 Botswana` and '817 Tonga` shall be deleted,

- in Annex IV to Regulation (EC) No 1256/96, '391 Botswana` and '817 Tonga` shall be deleted.

Article 4

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

It shall apply from 1 January 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 March 1998.

For the Council

The President

G. BROWN

(1) OJ L 348, 31. 12. 1994, p. 1, Regulation as last amended by Regulation (EC) No 998/97 (OJ L 144, 4. 6. 1997, p. 13).

(2) OJ L 160, 29. 6. 1996, p. 1, Regulation as last amended by Regulation (EC) No 2448/96 (OJ L 333, 21. 12. 1996, p. 12).

ANNEX I

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ANNEX II

LIST OF PRODUCTS REFERRED TO IN ARTICLE 2 (1)

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(1) Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description together.

(2) Entry under this subheading is subject to conditions laid down in the relevant Community provisions.

(3) Where, in the course of a year, imports of beef and veal falling within CN codes 0201 and 0202, originating in one of the countries mentioned in Annex IV of Regulation (EC) No 1256/96, exceed the greatest quantity of Community imports recorded for one year between 1969 and 1974 inclusive for the origin in question, plus an annual growth rate of 7 %, exemption from customs duties on the products of that origin shall be partially or totally suspended.

(4) Entry under this subheading is subject to conditions laid down in the relevant Community provisions.

(a) The reduction is applicable on the specific duties.

(b) The reduction is applicable on the ad valorem duties.

(c) The reduction is applicable on the specific duties and on the ad valorem duties.