COUNCIL REGULATION (EEC) No 2453/78 of 19 September 1978 concerning the conclusion of the Agreement in the form of an exchange of letters amending the Agreement between the European Economic Community and the Portuguese Republic for the purpose of adjusting certain tariff specifications

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 recommendation from the Commission,

Whereas in consequence of the amendments resulting from the recommendation of 18 June 1976 of the Customs Cooperation Council and of certain autonomous changes to the Common Customs Tariff and the Portuguese Customs Tariff certain tariff specifications in the Agreement between the European Economic Community and the Portuguese Republic (1) should be adjusted;

Whereas, moreover, it is necessary to amend the Agreement referred to above in order to establish a simplified procedure for adjusting tariff specifications in the event of further amendments to the tariffs of the contracting Parties,

HAS ADOPTED THIS REGULATION:

Article 1

The Agreement in the form of an exchange of letters amending the Agreement between the European Economic Community and the Portuguese Republic is hereby approved on behalf of the Community.

The text of the Agreement is annexed to this Regulation.

Article 2

The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.

Article 3

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

It shall apply with effect from 1 January 1978.

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

Done at Brussels, 19 September 1978.

For the Council

The President

H.-D. GENSCHER (1)OJ No L 301, 31.12.1972, p. 165.

AGREEMENT in the form of an exchange of letters amending the Agreement between the European Economic Community and the Portuguese Republic

Letter No 1

Brussels, ...

Your Excellency,

As a result of the implementation with effect from 1 January 1978 of the recommendation of the Customs Cooperation Council of 18 June 1976 concerning the amendment of the nomenclature for the classification of goods in customs tariffs, and of certain autonomous changes to the Common Customs Tariff and the Portuguese Customs Tariff, adjustments should be made to the nomenclature of certain tariff specifications in the Agreement between the European Economic Community and the Portuguese Republic signed on 22 July 1972.

Moreover, in order to simplify the procedure to be followed in future for adjusting tariff specifications in the event of further amendments to the Customs Tariff of one or other of the Contracting Parties, an Article 13a should be inserted in the Agreement.

The amendments referred to above are annexed.

I have the honour to confirm the agreement of the Community to the amendments in question and I would propose that they enter into force with effect from 1 January 1978.

I should be obliged if you would confirm the agreement of your Government to the foregoing.

Please accept, Your Excellency, the assurance of my highest consideration.

On behalf of the Council of the European Communities

Letter No 2

Brussels, ...

Sir,

I have the honour to acknowledge receipt of your letter of today's date worded as follows:

"As a result of the implementation with effect from 1 January 1978 of the recommendation of the Customs Cooperation Council of 18 June 1976 concerning the amendment of the nomenclature for the classification of goods in customs tariffs, and of certain autonomous changes to the Common Customs Tariff and the Portuguese Customs Tariff, adjustments should be made to the nomenclature of certain tariff specifications in the Agreement between the European Economic Community and the Portuguese Republic signed on 22 July 1972.

Moreover, in order to simplify the procedure to be followed in future for adjusting tariff specifications in the event of further amendments to the Customs Tariff of one or other of the Contracting Parties, an Article 13a should be inserted in the Agreement.

The amendments referred to above are annexed.

I have the honour to confirm the agreement of the Community to the amendments in question and I would propose that they enter into force with effect from 1 January 1978.

I should be obliged if you would confirm the agreement of your Government to the foregoing."

I am able to confirm the agreement of my Government to the foregoing.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Government of the Portuguese Republic

ANNEX AMENDMENTS TO BE MADE TO THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PORTUGUESE REPUBLIC

I. The following Article 13a shall be inserted after Article 13:

In the event of amendments to the customs tariff nomenclature of one or both of the Contracting Parties for products referred to in the Agreement, the Joint Committee may adapt the tariff nomenclature for those products in the Agreement to conform with such amendments having due regard to the principle that the advantages resulting from the Agreement should be maintained.

II. From 1 January 1978, List C in Annex II to the Agreement shall be amended as follows: >PIC FILE= "T0014099">

III. From 1 January 1978, Annex III to the Agreement shall be amended as follows: >PIC FILE= "T0014100">

IV. From 1 January 1978, Article 1 (1), (2) and (3) of Protocol 1 shall be amended as follows:

1. Customs duties on imports into the Community as originally constituted of products falling within Chapter 48 or 49 of the Common Customs Tariff shall be progressively abolished in accordance with the following timetable: >PIC FILE= "T0014101">

2. Customs duties on imports into Ireland of products referred to in paragraph 1 shall be progressively abolished in accordance with the following timetable: >PIC FILE= "T0014102">

3. By way of derogation from Article 3 of the Agreement, Denmark and the United Kingdom shall apply the following customs duties to imports of products referred to in paragraph 1 which originate in Portugal: >PIC FILE= "T0014103">

V. From 1 January 1978, the nomenclature of the tables in Article 1 (4) of Protocol 1 shall be amended as follows:

UNITED KINGDOM >PIC FILE= "T0014104">

DENMARK >PIC FILE= "T0014105">

VI. From 1 January 1978, heading No 59.09 (Textile fabrics coated or impregnated with oil or preparations with a basis of drying oil) shall be deleted from Annex C to Protocol 1.

VII. From 1 January 1978, the nomenclature of List A in Annex D to Protocol 1 shall be amended as follows: >PIC FILE= "T0014106">

>PIC FILE= "T0014107">

>PIC FILE= "T0014108">

>PIC FILE= "T0014109">

>PIC FILE= "T0014110">

>PIC FILE= "T0014111">

>PIC FILE= "T0014112">

>PIC FILE= "T0014113">

>PIC FILE= "T0014114">

>PIC FILE= "T0014115">

>PIC FILE= "T0014116">

>PIC FILE= "T0014117">

>PIC FILE= "T0014118">

>PIC FILE= "T0014119">

>PIC FILE= "T0014120">

VIII. From 1 January 1978, the nomenclature of List B in Annex D to Protocol 1 shall be amended as follows: >PIC FILE= "T0014121">

IX. From 1 January 1978, Table I in Protocol 2 shall be amended as follows:

EUROPEAN ECONOMIC COMMUNITY >PIC FILE= "T0014122">

>PIC FILE= "T0014123">

X. From 1 January 1978, Table II in Protocol 2 shall be amended as follows:

PORTUGAL >PIC FILE= "T0014124">

>PIC FILE= "T0014125">

XI. From 1 January 1978, Chapter I of Protocol 5 shall be amended as follows:

In the column headed "Portuguese Customs Tariff heading No", - after the number 41.02.04 the number 41.02.05 should be added:

- after the number 41.06, the number 41.07 should be deleted.

XII. With effect from 1 January 1978, Chapter II of Protocol 5 shall be amended as follows:

In the column headed "Portuguese Customs Tariff heading No" - the numbers ex 38.10, 44.08 and 44.10 should be deleted;

- after the number 44.21 the number 44.22.01 should be added;

- after the number ex 38.08.03 the number ex 38.09.02 should be added.

XIII. From 1 January 1978, the nomenclature of the list in Article 1 of Protocol 8 shall be amended as follows: >PIC FILE= "T0014126">

XIV. From 1 January 1978, the nomenclature of the table in Article 5 of Protocol 8 shall be amended as follows: >PIC FILE= "T0014127">

>PIC FILE= "T0014128">

XV. From 1 January 1978, the nomenclature of the list in Article 4 (1) of the Interim Agreement between the European Economic Community and the Portuguese Republic shall be amended as follows: >PIC FILE= "T0014129">

XVI. From 1 January 1978, Annex I to the Interim Agreement between the European Economic Community and the Portuguese Republic shall be amended as follows: >PIC FILE= "T0014130">

>PIC FILE= "T0014131">

XVII. From 1 January 1978, Annex II to the Interim Agreement between the European Economic Community and the Portuguese Republic shall be amended as follows: >PIC FILE= "T0014132">

>PIC FILE= "T0014133">