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DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,

OF 29 DECEMBER 1978

OPENING TARIFF PREFERENCES FOR CERTAIN STEEL PRODUCTS ORIGINATING IN DEVELOPING COUNTRIES

( 78/1038/ECSC )

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,

IN AGREEMENT WITH THE COMMISSION ,

HAVE DECIDED AS FOLLOWS :

ARTICLE 1

1 . FROM 1 JANUARY TO 31 DECEMBER 1979 , THE DUTIES APPLICABLE IN THE COMMUNITY TO THE IMPORTS OF THE PRODUCTS LISTED IN ANNEX A SHALL BE COMPLETELY SUSPENDED , SUBJECT TO THE PROVISIONS OF ARTICLE 2 .

2 . THIS SUSPENSION SHALL BE ENJOYED SOLELY BY PRODUCTS ORIGINATING IN THE COUNTRIES AND TERRITORIES LISTED IN ANNEX B . FOR THE PURPOSES OF THE APPLICATION OF THIS DECISION THE CONCEPT OF ORIGINATING PRODUCTS SHALL BE 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 THE ORIGIN OF GOODS ( 1 ) .

3 . SUBJECT TO ARTICLE 2 , THIS SUSPENSION SHALL BE GRANTED GENERALLY UP TO THE LIMIT OF A CEILING EQUAL TO THE AMOUNT OBTAINED , IN RESPECT OF EACH CATEGORY OF PRODUCTS , BY ADDING TOGETHER , IN EUROPEAN UNITS OF ACCOUNT , THE VALUE FOR 1971 OF CIF IMPORTS OF THE PRODUCTS CONCERNED TO THE COMMUNITY FROM THE COUNTRIES AND TERRITORIES ENJOYING THESE ARRANGEMENTS , EXCLUDING THOSE ALREADY ENJOYING VARIOUS PREFERENTIAL TARIFF ARRANGEMENTS GRANTED BY THE NINE MEMBER STATES OF THE COMMUNITY , AND 5 % OF THE VALUE OF CIF IMPORTS IN 1974 FROM OTHER COUNTRIES AND FROM THE COUNTRIES AND TERRITORIES ALREADY ENJOYING SUCH ARRANGEMENTS . FOR THE PARTICULAR PURPOSE OF THE ABOVEMENTIONED CALCULATIONS , ALL STATISTICAL DATA ARE TO BE CONSIDERED AS BEING EXPRESSED IN EUROPEAN UNITS OF ACCOUNT OF THE COMMON CUSTOMS TARIFF .

IMPORTS ALREADY ENJOYING EXEMPTION FROM CUSTOMS DUTIES UNDER SUCH ARRANGEMENTS SHALL NOT BE CHARGED AGAINST THE AFOREMENTIONED CEILING .

4 . SUBJECT TO ARTICLE 2 , WITHIN EACH CEILING THUS CALCULATED , CHARGES OF PRODUCTS ORIGINATING IN ANY ONE OF THE COUNTRIES OR TERRITORIES LISTED IN ANNEX B SHOULD NOT EXCEED A MAXIMUM AMOUNT EQUIVALENT TO 50 % OF THIS CEILING , EXCEPT FOR THE SPECIFIC CASES INDICATED IN ANNEX A .

5 . ANY AMENDMENT TO ANNEX B , IN PARTICULAR BY THE ADDITION OF NEW COUNTRIES OR TERRITORIES ENJOYING TARIFF PREFERENCES , MAY ENTAIL A CORRESPONDING ADJUSTMENT TO THE CEILINGS AND MAXIMUM AMOUNTS REFERRED TO IN PARAGRAPHS 3 AND 4 .

ARTICLE 2

1 . AS SOON AS THE CEILINGS CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 1 ( 3 ) WHICH ARE LAID DOWN FOR COMMUNITY IMPORTS OF PRODUCTS ORIGINATING IN ALL OF THE COUNTRIES AND TERRITORIES REFERRED TO IN ARTICLE 1 ( 2 ) ARE REACHED AT COMMUNITY LEVEL , THE MEMBER STATES MAY AT ANY TIME , AT THE REQUEST OF ANY ONE OF THEM OR OF THE COMMISSION AND IN RESPECT OF THE WHOLE OF THE COMMUNITY , RE-INTRODUCE THE LEVYING OF THE CORRESPONDING DUTIES ON IMPORTS OF THE PRODUCTS IN QUESTION FROM ALL THE COUNTRIES AND TERRITORIES LISTED IN ANNEX B UNTIL THE END OF THE PERIOD REFERRED TO IN ARTICLE 1 ( 1 ) .

2 . AS SOON AS THE MAXIMUM AMOUNTS CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 1 ( 4 ) WHICH ARE LAID DOWN FOR THE COMMUNITY IMPORTS OF PRODUCTS ORIGINATING IN EACH OF THE COUNTRIES AND TERRITORIES REFERRED TO IN ARTICLE 1 ( 2 ) AND ( 3 ) ARE REACHED FOR ANY ONE OF THESE COUNTRIES OR TERRITORIES AND COMMUNITY LEVEL , THE MEMBER STATES MAY AT ANY TIME , AT THE REQUEST OF ANY OF THEM OR OF THE COMMISSION AND IN RESPECT OF THE WHOLE OF THE COMMUNITY , RE-INTRODUCE THE LEVYING OF THE CORRESPONDING DUTIES ON IMPORTS OF THE PRODUCTS IN QUESTION FROM THE COUNTRY OR TERRITORY LISTED IN ANNEX B UNTIL THE END OF THE PERIOD REFERRED TO IN ARTICLE 1 ( 1 ) .

3 . WITHIN THE FRAMEWORK OF THE FOREGOING PROVISIONS , THE COMMISSION SHALL COORDINATE THE PROCEDURES FOR RE-INTRODUCING NORMAL CUSTOMS DUTIES , IN PARTICULAR , BY NOTIFYING THE DATE COMMON TO THE WHOLE OF THE COMMUNITY AND DIRECTLY APPLICABLE IN EACH MEMBER STATE . THIS NOTIFICATION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

4 . HOWEVER , PARAGRAPHS 1 , 2 AND 3 SHALL NOT APPLY TO THE IMPORTS IN QUESTION ORIGINATING IN THE COUNTRIES LISTED IN ANNEX C .

ARTICLE 3

1 . IMPORTS OF THE SAID GOODS SHALL BE CHARGED AGAINST THE CEILINGS AND MAXIMUM AMOUNTS AS AND WHEN THEY ARE ENTERED FOR HOME USE , ON THE BASIS OF THE CUSTOMS VALUE OF THE SAID GOODS , AND ARE ACCOMPANIED BY A CERTIFICATE OF ORIGIN IN ACCORDANCE WITH THE RULES REFERRED TO IN ARTICLE 1 ( 2 ) .

2 . GOODS MAY BE CHARGED AGAINST A CEILING OR MAXIMUM AMOUNT ONLY IF THE CERTIFICATE OF ORIGIN MENTIONED IN PARAGRAPH 1 IS PRESENTED BEFORE THE DATE ON WHICH THE LEVYING OF DUTIES IS RE-INTRODUCED .

3 . THE EXTENT TO WHICH CEILINGS AND MAXIMUM AMOUNTS HAVE BEEN USED UP SHALL BE RECORDED AT COMMUNITY LEVEL ON THE BASIS OF IMPORTS CHARGED IN THE MANNER LAID DOWN IN PARAGRAPHS 1 AND 2 .

ARTICLE 4

MEMBER STATES , IN CLOSE COOPERATION WITH THE COMMISSION , SHALL TAKE ALL NECESSARY MEASURES TO ENSURE THAT THE ABOVE PROVISIONS ARE APPLIED .

ARTICLE 5

MEMBER STATES SHALL INFORM THE COMMISSION PERIODICALLY OF IMPORTS OF THE PRODUCTS IN QUESTION CHARGED AGAINST THE CEILINGS AND MAXIMUM AMOUNTS LAID DOWN IN ARTICLE 1 ( 3 ) AND ( 4 ) .

ARTICLE 6

THE MEMBER STATES SHALL TAKE ALL MEASURES NECESSARY FOR THE IMPLEMENTATION OF THIS DECISION .

DONE AT BRUSSELS , 29 DECEMBER 1978 .

THE PRESIDENT

H . -D . GENSCHER

( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 1 .

ANNEX A

LIST OF PRODUCTS IN RESPECT OF WHICH THE COMMON CUSTOMS TARIFF DUTIES ARE COMPLETELY SUSPENDED UNDER THE GENERALIZED TARIFF PREFERENCES GRANTED TO DEVELOPING COUNTRIES AND TERRITORIES

CCT HEADING NO*DESCRIPTION*

73.07 ( 1)*BLOOMS , BILLETS , SLABS AND SHEET BARS ( INCLUDING TINPLATE BARS ) , OF IRON OR STEEL ; PIECES ROUGHLY SHAPED BY FORGING , OF IRON OR STEEL : *

*A . BLOOMS AND BILLETS : *

*I . ROLLED*

*B . SLABS AND SHEET BARS ( INCLUDING TINPLATE BARS ) : *

*I . ROLLED*

73.09*UNIVERSAL PLATES OF IRON OR STEEL*

73.11 ( 2 ) ( 3)*ANGLES , SHAPES AND SECTIONS , OF IRON OR STEEL , HOT-ROLLED , FORGED , EXTRUDED , COLD-FORMED OR COLD-FINISHED ; SHEET PILING OF IRON OR STEEL , WHETHER OR NOT DRILLED , PUNCHED OR MADE FROM ASSEMBLED ELEMENTS : *

*A . ANGLES , SHAPES AND SECTIONS : *

*I . NOT FURTHER WORKED THAN HOT-ROLLED OR EXTRUDED*

*IV . CLAD OR SURFACE-WORKED ( FOR EXAMPLE , POLISHED , COATED ) : *

*A ) NOT FURTHER WORKED THAN CLAD : *

*1 . HOT-ROLLED OR EXTRUDED*

*B . SHEET PILING*

73.12*HOOP AND STRIP , OF IRON OR STEEL , HOT-ROLLED OR COLD-ROLLED : *

*A . NOT FURTHER WORKED THAN HOT-ROLLED*

*B . NOT FURTHER WORKED THAN COLD-ROLLED : *

*I . IN COILS FOR THE MANUFACTURE OF TINPLATE*

*C . CLAD , COATED OR OTHERWISE SURFACE-TREATED : *

*III . TINNED : *

*A ) TINPLATE*

*V . OTHER ( FOR EXAMPLE , COPPER-PLATED , ARTIFICIALLY OXIDIZED , LACQUERED , NICKEL-PLATED , VARNISHED , CLAD , PARKERIZED , PRINTED ) : *

*A ) NOT FURTHER WORKED THAN CLAD : *

*1 . HOT-ROLLED*

( 1 ) FOR PRODUCTS COVERED BY HEADING NO 73.07 , THE CEILING REFERRED TO IN ARTICLE 1 ( 3 ) HAS BEEN LOWERED TO 6 899 000 EUA .

( 2 ) FOR PRODUCTS COVERED BY HEADING NO 73.11 AND WITH RESPECT TO YUGOSLAVIA , THE MAXIMUM AMOUNT REFERRED TO IN ARTICLE 1 ( 4 ) HAS BEEN LOWERED TO 594 150 EUA .

( 3 ) FOR PRODUCTS COVERED BY HEADING NO 73.11 , THE CEILING REFERRED TO IN ARTICLE 1 ( 3 ) HAS BEEN LOWERED TO 3 961 000 EUA .

CCT HEADING NO*DESCRIPTION*

73.15 ( 1)*ALLOY STEEL AND HIGH CARBON STEEL IN THE FORMS MENTIONED IN HEADING NOS 73.06 TO 73.14 : *

*A . HIGH CARBON STEEL : *

*I . INGOTS , BLOOMS , BILLETS , SLABS AND SHEET BARS : *

*B ) OTHER : *

*2 . BLOOMS , BILLETS , SLABS AND SHEET BARS*

*III . COILS FOR RE-ROLLING*

*IV . UNIVERSAL PLATES*

*V . BARS AND RODS ( INCLUDING WIRE ROD ) AND HOLLOW MINING DRILL STEEL ; ANGLES , SHAPES AND SECTIONS : *

*B ) NOT FURTHER WORKED THAN HOT-ROLLED OR EXTRUDED*

*D ) CLAD OR SURFACE-WORKED ( FOR EXAMPLE , POLISHED , COATED ) : *

*1 . NOT FURTHER WORKED THAN CLAD : *

*AA ) HOT-ROLLED OR EXTRUDED*

*VI . HOOP AND STRIP : *

*A ) NOT FURTHER WORKED THAN HOT-ROLLED*

*C ) CLAD , COATED OR OTHERWISE SURFACE-TREATED : *

*1 . NOT FURTHER WORKED THAN CLAD : *

*AA ) HOT-ROLLED*

*VII . SHEETS AND PLATES : *

*A ) NOT FURTHER WORKED THAN HOT-ROLLED*

*B ) NOT FURTHER WORKED THAN COLD-ROLLED , OF A THICKNESS OF : *

*2 . LESS THAN 3 MM*

*C ) POLISHED , CLAD , COATED OR OTHERWISE SURFACE-TREATED*

*D ) OTHERWISE SHAPED OR WORKED : *

*1 . CUT INTO SHAPES OTHER THAN RECTANGULAR SHAPES , BUT NOT FURTHER WORKED*

*B . ALLOY STEEL : *

*I . INGOTS , BLOOMS , BILLETS , SLABS AND SHEET BARS : *

*B ) OTHER : *

*2 . BLOOMS , BILLETS , SLABS AND SHEET BARS*

*III . COILS FOR RE-ROLLING*

*IV . UNIVERSAL PLATES*

*V . BARS AND RODS ( INCLUDING WIRE ROD ) AND HOLLOW MINING DRILL STEEL ; ANGLES , SHAPES AND SECTIONS : *

*B ) NOT FURTHER WORKED THAN HOT-ROLLED OR EXTRUDED*

*D ) CLAD OR SURFACE-WORKED ( FOR EXAMPLE , POLISHED , COATED ) : *

*1 . NOT FURTHER WORKED THAN CLAD : *

*AA ) HOT-ROLLED OR EXTRUDED*

*VI . HOOP AND STRIP : *

*A ) NOT FURTHER WORKED THAN HOT-ROLLED*

*C ) CLAD , COATED OR OTHERWISE SURFACE-TREATED : *

*1 . NOT FURTHER WORKED THAN CLAD : *

*AA ) HOT-ROLLED*

*VII . SHEETS AND PLATES : *

*A ) " ELECTRICAL " SHEETS AND PLATES*

CCT HEADING NO*DESCRIPTION*

73.15 ( CONT'D ) *B ) OTHER SHEETS AND PLATES : *

*1 . NOT FURTHER WORKED THAN HOT-ROLLED*

*2 . NOT FURTHER WORKED THAN COLD-ROLLED , OF A THICKNESS OF : *

*BB ) LESS THAN 3 MM*

*3 . POLISHED , CLAD , COATED OR OTHERWISE SURFACE-TREATED*

*4 . OTHERWISE SHAPED OR WORKED : *

*AA ) CUT INTO SHAPES OTHER THAN RECTANGULAR SHAPES , BUT NOT FURTHER WORKED*

73.16*RAILWAY AND TRAMWAY TRACK CONSTRUCTION MATERIAL OF IRON OR STEEL , THE FOLLOWING : RAILS , CHECK-RAILS , SWITCH BLADES , CROSSINGS ( OR FROGS ) , CROSSING PIECES , POINT RODS , RACK RAILS , SLEEPERS , FISH-PLATES , CHAIRS , CHAIR-WEDGES , SOLE PLATES ( BASE PLATES ) , RAIL CLIPS , BEDPLATES , TIES , AND OTHER MATERIAL SPECIALIZED FOR JOINING OR FIXING RAILS : *

*A . RAILS : *

*II . OTHER*

*B . CHECK-RAILS*

*C . SLEEPERS*

*D . FISH-PLATES AND SOLE PLATES : *

*I . ROLLED*

( 1 ) FOR PRODUCTS COVERED BY HEADING NO 73.15 , THE CEILING REFERRED TO IN ARTICLE 1 ( 3 ) HAS BEEN LOWERED TO 12 224 000 EUA .

ANNEX B

LIST OF DEVELOPING COUNTRIES AND TERRITORIES ENJOYING GENERALIZED TARIFF PREFERENCES ( 1 )

I . INDEPENDENT COUNTRIES

660 AFGHANISTAN ( 2 )

208 ALGERIA

330 ANGOLA

528 ARGENTINA

453 BAHAMAS

640 BAHRAIN

666 BANGLADESH ( 2 )

469 BARBADOS

284 BENIN ( 2 )

675 BHUTAN ( 2 )

516 BOLIVIA

391 BOTSWANA ( 2 )

508 BRAZIL

676 BURMA

328 BURUNDI ( 2 )

302 CAMEROON

306 CENTRAL AFRICAN EMPIRE ( 2 )

244 CHAD ( 2 )

512 CHILE

480 COLOMBIA

375 COMOROS

318 CONGO

436 COSTA RICA

448 CUBA

600 CYPRUS

456 DOMINICAN REPUBLIC

500 ECUADOR

220 EGYPT

428 EL SALVADOR

310 EQUATORIAL GUINEA

334 ETHIOPIA ( 2 )

815 FIJI

314 GABON

252 GAMBIA ( 2 )

276 GHANA

473 GRENADA

416 GUATEMALA

260 GUINEA ( 2 )

257 GUINEA BISSAU

488 GUYANA

452 HAITI ( 2 )

424 HONDURAS

664 INDIA

700 INDONESIA

616 IRAN

612 IRAQ

272 IVORY COAST

464 JAMAICA

338 JIBUTI

628 JORDAN

696 KAMPUCHEA ( CAMBODIA )

346 KENYA

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

440 PANAMA

801 PAPUA NEW GUINEA

520 PARAGUAY

504 PERU

708 PHILIPPINES

644 QATAR

247 REPUBLIC OF CAPE VERDE

324 RWANDA ( 2 )

819 SAMOA ( 2 )

311 SAO TOME AND PRINCIPE

632 SAUDI ARABIA

248 SENEGAL

355 SEYCHELLES AND DEPENDENCIES

264 SIERRA LEONE

706 SINGAPORE

812 SOLOMON ISLANDS

342 SOMALIA ( 2 )

728 SOUTH KOREA

656 SOUTH YEMEN ( 2 )

669 SRI LANKA

224 SUDAN ( 2 )

492 SURINAM

393 SWAZILAND

608 SYRIA

352 TANZANIA ( 2 )

680 THAILAND

280 TOGO

817 TONGA

472 TRINIDAD AND TOBAGO

212 TUNISIA

812 TUVALU

350 UGANDA ( 2 )

647 UNITED ARAB EMIRATES

236 UPPER VOLTA ( 2 )

524 URUGUAY

484 VENEZUELA

690 VIETNAM

048 YUGOSLAVIA

322 ZAIRE

378 ZAMBIA

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 )

421 BELIZE

413 BERMUDA

357 BRITISH INDIAN OCEAN TERRITORY

812 BRITISH OCEANIA

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 )

890 POLAR REGIONS ( FRENCH SOUTHERN AND ANTARCTIC 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

471 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 1979 " ( REGULATION ( EEC ) NO 2843/78 - OJ NO L 339 , 5 . 12 . 1978 , P . 5 ) .

( 2 ) THIS COUNTRY IS ALSO INCLUDED IN ANNEX C .

( 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 C

LIST OF LEAST DEVELOPED DEVELOPING COUNTRIES

660 AFGHANISTAN

666 BANGLADESH

284 BENIN

675 BHUTAN

391 BOTSWANA

328 BURUNDI

306 CENTRAL AFRICAN EMPIRE

244 CHAD

334 ETHIOPIA

252 GAMBIA

260 GUINEA

452 HAITI

684 LAOS

395 LESOTHO

386 MALAWI

667 MALDIVES

232 MALI

672 NEPAL

240 NIGER

652 NORTH YEMEN

324 RWANDA

819 SAMOA

342 SOMALIA

656 SOUTH YEMEN

224 SUDAN

352 TANZANIA

350 UGANDA

236 UPPER VOLTA