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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 19 DECEMBER 1978

ESTABLISHING SUPERVISION FOR IMPORTS OF CERTAIN PRODUCTS ORIGINATING IN AUSTRIA ( 1979 )

( 78/1039/ECSC )

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

IN AGREEMENT WITH THE COMMISSION ,

HAVE DECIDED AS FOLLOWS :

ARTICLE 1

1 . IMPORTS OF CERTAIN PRODUCTS ORIGINATING IN AUSTRIA AND INDICATED IN ARTICLES 1 AND 2 OF PROTOCOL 1 TO THE AGREEMENT BETWEEN THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN COAL AND STEEL COMMUNITY , OF THE ONE PART , AND THE REPUBLIC OF AUSTRIA , OF THE OTHER PART , SHALL BE SUBJECT TO ANNUAL INDICATIVE CEILINGS AND TO COMMUNITY SUPERVISION FROM 1 JANUARY TO 31 DECEMBER 1979 .

THE DESCRIPTION OF THE PRODUCTS REFERRED TO IN THE PRECEDING SUBPARAGRAPH , THEIR TARIFF HEADINGS AND STATISTICAL NUMBERS AND THE LEVELS OF THE INDICATIVE CEILINGS ARE GIVEN IN COUNCIL REGULATION ( EEC ) NO 3172/78 OF 19 DECEMBER 1978 ESTABLISHING INDICATIVE CEILINGS AND COMMUNITY SUPERVISION FOR IMPORTS OF CERTAIN PRODUCTS ORIGINATING IN AUSTRIA ( 1 ) .

2 . AMOUNTS SHALL BE SET OFF AGAINST THE INDICATIVE CEILINGS AS AND WHEN THE GOODS ARE ENTERED WITH CUSTOMS AUTHORITIES FOR HOME USE AND ARE ACCOMPANIED BY A MOVEMENT CERTIFICATE CONFORMING TO THE RULES CONTAINED IN THE AGREEMENT REFERRED TO IN PARAGRAPH 1 .

GOODS SHALL BE SET OFF AGAINST THE INDICATIVE CEILING ONLY IF THE MOVEMENT CERTIFICATE HAS BEEN SUBMITTED BEFORE THE DATE ON WHICH CUSTOMS DUTIES ARE REIMPOSED .

THE REACHING OF A CEILING SHALL BE DETERMINED AT COMMUNITY LEVEL ON THE BASIS OF IMPORTS SET OFF AGAINST IT IN THE MANNER DEFINED IN THE PRECEDING SUBPARAGRAPH .

THE MEMBER STATES SHALL PERIODICALLY INFORM THE COMMISSION OF IMPORTS EFFECTED IN ACCORDANCE WITH THE ABOVE RULES ; SUCH INFORMATION SHALL BE SUPPLIED UNDER THE CONDITIONS LAID DOWN IN PARAGRAPH 4 .

3 . AS SOON AS THE CEILINGS HAVE BEEN REACHED , THE MEMBER STATES MAY , AT THE REQUEST OF ONE OF THEM OR OF THE COMMISSION , REIMPOSE , UNTIL THE END OF THE CALENDAR YEAR , EACH IN RESPECT OF ITS OWN TERRITORY , THE CUSTOMS DUTIES APPLICABLE TO THIRD COUNTRIES , ADJUSTED , WHERE APPROPRIATE , BY THE PERCENTAGES LAID DOWN IN ARTICLE 2 ( E ) OF PROTOCOL 1 TO THE AGREEMENT REFERRED TO IN PARAGRAPH 1 .

WITHIN THE FRAMEWORK OF THE PROVISIONS OF THE FIRST SUBPARAGRAPH THE COMMISSION SHALL COORDINATE THE PROCEDURES FOR REINTRODUCING CUSTOMS DUTIES APPLICABLE TO THIRD COUNTRIES , 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 . MEMBER STATES SHALL FORWARD TO THE COMMISSION NOT LATER THAN THE 15TH DAY OF EACH MONTH STATEMENTS OF THE AMOUNTS SER OFF DURING THE PRECEDING MONTH . THEY SHALL , IF THE COMMISSION SO REQUESTS , MAKE UP SUCH STATEMENTS FOR PERIODS OF 10 DAYS AND FORWARD THEM WITHIN FIVE CLEAR DAYS OF EXPIRY OF THE PRECEDING 10-DAY PERIOD .

ARTICLE 2

1 . IMPORTS OF PRODUCTS ORIGINATING IN AUSTRIA WHICH ARE MENTIONED IN ARTICLES 1 AND 2 OF PROTOCOL 1 TO THE AGREEMENT AND INDICATED IN ANNEX II TO REGULATION ( EEC ) NO 3172/78 SHALL BE SUBJECT TO COMMUNITY SUPERVISION .

2 . MEMBER STATES SHALL FORWARD TO THE COMMISSION NOT LATER THAN THE 15TH DAY OF EACH MONTH STATEMENTS OF IMPORTS OF THE PRODUCTS IN QUESTION EFFECTED DURING THE PRECEDING MONTH ; ONLY PRODUCTS SUBMITTED TO THE CUSTOMS AUTHORITIES UNDER COVER OF AN ENTRY FOR HOME USE AND ACCOMPANIED BY A MOVEMENT CERTIFICATE CONFORMING TO THE RULES CONTAINED IN PROTOCOL 3 TO THE AGREEMENT SHALL BE TAKEN INTO CONSIDERATION FOR THIS PURPOSE .

ARTICLE 3

FOR THE IMPLEMENTATION OF THIS DECISION THE MEMBER STATES SHALL TAKE ALL NECESSARY MEASURES IN CLOSE COOPERATION WITH THE COMMISSION .

ARTICLE 4

THE MEMBER STATES SHALL TAKE ALL MEASURES REQUIRED TO IMPLEMENT THIS DECISION .

DONE AT BRUSSELS , 19 DECEMBER 1978 .

THE PRESIDENT

H . -D . GENSCHER

( 1 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .