COUNCIL REGULATION (EEC) No 2451/78 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 Republic of Austria 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 Austrian Customs Tariff, certain tariff specifications in the Agreement between the European Economic Community and the Republic of Austria (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 Republic of Austria 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 300, 31.12.1972, p. 2.

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

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 Austrian Customs Tariff, adjustments should be made to the nomenclature of certain tariff specifications in the Agreement between the European Economic Community and the Republic of Austria 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 12a 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 Austrian Customs Tariff, adjustments should be made to the nomenclature of certain tariff specifications in the Agreement between the European Economic Community and the Republic of Austria 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 12a 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, pending ratification.

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

On behalf of the Government of the Republic of Austria

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

I. The following Article 12a shall be inserted after Article 12:

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 of 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, 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= "T0013912">

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= "T0013913">

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 Austria: >PIC FILE= "T0013914">

III. From 1 January 1978, the table in Article 2 (2) of Protocol 1 shall be amended as follows: >PIC FILE= "T0013915">

IV. From 1 January 1978, the nomenclature of Annex A to Protocol 1 shall be amended as follows: >PIC FILE= "T0013916">

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V. From 1 January 1978, the nomenclature of Annex B to Protocol 1 shall be amended as follows: >PIC FILE= "T0013918">

VI. From 1 January 1978, the nomenclature of Annex C to Protocol 1 shall be amended as follows: >PIC FILE= "T0013919">

>PIC FILE= "T0013920">

VII. From 1 January 1978, the nomenclature of Annex D to Protocol 1 shall be amended as follows: >PIC FILE= "T0013921">

VIII. From 1 January 1978, the nomenclature of Annex E to Protocol 1 shall be amended as follows: >PIC FILE= "T0013922">

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IX. From 1 January 1978, the nomenclature of Annex F to Protocol 1 shall be amended as follows: >PIC FILE= "T0013924">

X. From 1 January 1978, the nomenclature of Annex G to Protocol 1 shall be amended as follows: >PIC FILE= "T0013925">

>PIC FILE= "T0013926">

XI. From 1 January 1978, Table I in Protocol 2 shall be amended as follows: EUROPEAN ECONOMIC COMMUNITY >PIC FILE= "T0013927">

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XII. From 1 January 1978 Table II in Protocol 2 shall be amended as follows: AUSTRIA >PIC FILE= "T0013930">

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