CELEX: 31976R0092
Language: en
Date: 1976-01-20 00:00:00
Title: Council Regulation (EEC) No 92/76 of 20 January 1976 establishing indicative ceilings and Community supervision for imports of certain products originating in Sweden (1976)

24. 1 . 76                                Official Journal of the European Communities                           No L 16/25
                                          COUNCIL REGULATION (EEC) No 92/76
                                                       of 20 January 1976
                   establishing indicative ceilings and Community supervision for imports of certain
                                              products originating in Sweden ( 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            the reintroduction of customs tariff duties as soon as
                                                                     the ceilings have been reached at Community level ;
Having regard to the Treaty establishing the Euro­
                                                                    "Whereas this administrative procedure requires close
pean Economic Community, and in particular                           and particularly rapid cooperation between the
Article 113 thereof,
                                                                     Member States and the Commission ; whereas the
                                                                     latter must, in particular, be able to follow the pro­
Having regard to the proposal from the Commission,                   gress of amounts set off against the indicative ceilings
                                                                     and keep the Member States informed ; whereas this
                                                                     cooperation must be all the closer since the Commis­
Whereas an Agreement between the European                            sion must be able to take adequate measures to re­
Economic Community and the Kingdom of                                introduce customs tariff duties whenever one of the
Sweden ( 1 ) was signed on 22 July 1972 ;                            ceilings has been reached;
Whereas Articles 1 and 2 of Protocol 1 annexed to                    Whereas the trend of imports should be followed
this Agreement make provision for a specific time­                   for certain products for which, under Article 3 of
table for the progressive abolition of customs duties               Protocol 1 , the Community has suspended the
in respect of the products to which the Agreement                    application of ceilings and for products which are
applies ; whereas under Article 3 of that Protocol the               not subject to the ceiling system ; whereas it is there­
imports of these products are limited to annual                      fore desirable that imports of such products should
indicative ceilings above which the customs duties                   be subject to supervision,
applicable to third countries may be re-introduced;
whereas, however, under Article 3 (b) the Community
has to suspend the application of certain ceilings ;                 HAS ADOPTED THIS REGULATION :
whereas, on the other hand, in the event of short­
term economic difficulties, the Community may,
                                                                                             Article 1
under Article 3 ( c) of Protocol 1 , maintain the ceiling
amounts of the preceding year ; whereas, however,
application of this measure must be limited to pro­                  1 . From 1 January until 31 December 1976, imports
ducts most affected by the short-term difficulties ;                 of products originating in Sweden and indicated in
whereas, therefore, the ceilings to be applied in 1976               Annex I to this Regulation shall be subject to
must be established ; whereas in this situation it is                indicative ceilings and to Community supervision.
also necessary that the Commission be regularly
informed of the trend of the imports of the products
in question and, in consequence, it is necessary to                 The description of the products referred to in the
subject these imports to supervision ;                              preceding subparagraphs, their tariff headings and
                                                                     statistic numbers and the levels of the indicative
                                                                     ceilings are given in Annex I.
Whereas this objective may be achieved by means of
an administrative procedure based on setting off
imports of the products in question against the                      2. Amounts shall be set off against the indicative
indicative ceilings at Community level , as and when                ceilings as and when products are submitted to the
these products are submitted to the customs auth­                    customs authorities under cover of a declaration that
orities under cover of declarations that they have                   they have been made available for consumption and
been made available for consumption ; whereas this                   accompanied by a movement certificate conforming
administrative procedure must make provision for                    to the rules contained in Protocol 3 to the Agreement.
                                                                    Goods shall be set off against the indicative ceiling
( J ) OJ No L 300, 31 . 12. 1972, p . 96.                           only if the movement certificate has been submitted
 ---pagebreak--- No L 16/26                       Official Journal of the European Communities                            24. 1 . 76
before   the   date   on which   customs   duties  are                              Article 2
reimposed.
                                                             From 1 January until 31 December 1976, imports
                                                             of the products referred to in Annex II which
The reaching of a ceiling shall be determined at             originate in Sweden shall be subject to Community
Community level on the basis of imports set of               supervision.
against it in the manner defined in the preceding
subparagraphs.                                               Member States shall forward to the Commission not
                                                             later than the 15th day of each month statements of
The Member States shall periodically inform the              imports of the products in question effected during
Commission of imports effected in accordance with            the preceding month ; to this end, only products
                                                             submitted to the customs authorities under cover
the above rules ; such information shall be supplied
under the conditions laid down in paragraph 4.               of a declaration that they have been made available
                                                             for consumption and accompanied by a movement
                                                             certificate conforming to the rules contained in
3 . As soon as the ceilings have been reached, the           Protocol 3 to the Agreement shall be taken into
Commission may issue a Regulation reimposing the             consideration.
customs duties provided for in Article 3 (f) of
Protocol 1 to the Agreement until the end of the                                    Article 3
calender year.
                                                           ; For the implementation of this Regulation the Com­
4. Member States shall forward to the Commission             mission shall take all necessary measures in close
not later than the 15th day of each month statements         cooperation with the Member States.
of the amounts set off during the preceding month.
They shall, if the Commission so requests, make                                     Article 4
up such statements for periods of 10 days and for­
ward them within five clear days of expiry of the            This Regulation shall enter into force on 1 January
preceding 10-day period.                                      1976 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 20 January 1976.
                                                                             For the Council
                                                                              The President
                                                                                G. THORN
 ---pagebreak--- 24. 1 . 76                                   Official Journal of the European Communities                              No L 16/27
                                                                       ANNEX 1
                  LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION
                                                                        IN 1976
      Order             CCT                                                                                                Level
                                                                Description                       Nimexe code            of ceiling
       No           heading No
                                                                                                                       (metric tons)
        1                2                                           3                                  4                    5
                       48.01           Paper and paperboard (including cellulose
                                       wadding), machine-made, in rolls or sheets:
                                            C. Kraft paper and Kraft board :
                                                 II. Other :
   IS 1                                              — Kraftliner (a)                        48.01-15 , 21 , 31        400 897
   I S 2                                             — Kraft paper for large bags (a)        48.01-16, 23              468 283
   I S 3                                             — Other                                 48.01-08 , 09, 11 , 12,   213 764
                                                                                                   13 , 17, 19 , 25 ,
                                                                                                   26, 27, 28 , 29 ,
                                                                                                   33
                                       ex E. Other :
   I S 4                                         — Bible paper (India paper), copying        48.01-58 , 61 , 62, 66      32 312
                                                     tissue ; other printing paper and other
                                                     writing      paper,    not   containing
                                                     mechanical wood pulp or in which
                                                     mechanical wood pulp does not
                                                     represent more than 5°/o (a)
   I S 5                                        — Printing paper and writing paper,          48.01-64, 68               124 573
                                                     containing mechanical wood pulp (a),
                                                     excluding copying tissue
   I S 6                                        — Fluting          paper    for   corrugated 48.01-75                   174 057
                                                     paperboard (a)
   I S 7                                        — Other, excluding cellulose wadding         48.01-41 , 43 , 45 , 52,   159 315
                                                     and tissues                                   53 , 54,  55 , 56,
                                                                                                   77,  82,  84,  86,
                                                                                                   88 , 91 , 93 , 95 ,
                                                                                                   97
   I S 8               48.04           Composite paper or paperboard (made by                48.04 - all Nos             21 278
                                       sticking flat layers together with an adhesive),
                                       not surface-coated or impregnated, whether or
                                       not internally reinforced, in rolls or sheets
                       48.05            Paper and paperboard, corrugated (with or
                                       without flat surface sheets), creped, crinkled,
                                       embossed or perforated, in rolls or sheets:
   I S 9                               B. Other                                              48.05-21 , 29, 30, 50,      49 266
                                                                                                   80
(a) Subject to compliance with the definitions given in Annex III.
 ---pagebreak---  No L 16/28                                   Official Journal of the European Communities                                  24. 1 . 76
       Order           CCT                                                                                                   Level
        No           heading No                                  Description                       Nimexe code             of ceiling
                                                                                                                         (metric tons)
         1                2                                          3                                  4                      5
                       48.07            Paper and paperboard, impregnated, coated,
                                        surface-coloured, surface-decorated or printed
                                        (not being merely ruled, lined or squared and
                                        not constituting printed matter within
                                        Chapter 49 ), in rolls or sheets:
                                        B. Other :
    IS 10                                    — Coated printing or writing paper              48.07-57, 58 , 59             40 862
    IS 11                                    — Other                                         48.07-55 , 56, 64, 65 ,      114 789
                                                                                                   66, 68 , 70 , 81 ,
                                                                                                   85 , 91,97, 99
                       48.15            Other paper and paperboard, cut to size or
                                        shape:
    IS 12                               B. Other                                             48.15-10, 21 , 29 , 30 ,      12 613
                                                                                                   40, 50, 61 , 65 ,
                                                                                                   95 , 99
    IS 13              48.16            Boxes, bags and other packing containers, of         48.16 - all Nos               21 270
                                        paper or paperboard
                       48.21            Other articles of paper pulp, paper, paperboard
                                        or cellulose wadding:
                                        B. Napkins and napkinliner, for babies, put          48.21-11
                                             up for retail sale
    I S 14
                                        C. Other                                                                       ■    13 840
                                                                                             48.21-15 , 21 , 25 , 31 ,
                                                                                                   33 , 37, 40, 50 ,
                                                                                                   60 , 70 , 80, 91
                       73.02            Ferro-alloys :
    IS 15                               E. Ferro-chromium          and ferro-silico-chromium 73.02-51 , 55                 21 066
                                        G. Other :
    IS 16                                    — Ferro-molybdenum                              73.02-81                          568
                       73.15            Alloy steel and high carbon steel in the forms
                                        mentioned in heading Nos 73.06 to 73.14:
                                        B. Alloy steel:
    IS 17                                    — Stainless or refractory (a)                   73.71-13 , 23 , 53 , 93       82 101 i1)
                                                                                             73.72-13 , 33
                                                                                             73.73-13 , 23 , 33 , 43 ,
                                                                                                   53,83
                                                                                             73.74-23 , 53 , 83
                                                                                             73.75-23 , 33 , 43 , 53 ,
                                                                                                   63 , 73 , 83 , 93
                                                                                             73.76-13
(a) Subject to compliance with the definitions given in Annex III.
i1) Including products covered by the ECSC Treaty.
 ---pagebreak--- 24. 1 . 76                                    Official Journal of the European Communities                           No L 16/29
       Order            CCT                                                                                              Level
        No           heading No                                    Description                  Nimexe code            of ceiling
                                                                                                                     (metric tons)
         1                2                                            3                              4                    5
                       73.15
    I S 18            Ccont'd')
                                             — High speed (a)                             73.71-14, 24, 54, 94          5 550 (x)
                                                                                          73.73-14 , 24, 34, 54
                                                                                          73.74-54
                                                                                          73.75-24, 34, 44, 54,
                                                                                                64, 84
                                                                                          73.76-14
    I S 19                                   — Other                                      73.71-19 ,  21 , 29 , 55 ,   79 657 i1)
                                                                                                56 ,  59 , 99
                                                                                          73.72-11 ,  19,  39
                                                                                          73-73.19 ,  25 , 26,  29 ,
                                                                                                35 ,  36,  39,  49,
                                                                                                55 ,  59,  72,  74,
                                                                                                89
                                                                                          73.74-21 , 29 , 51 , 52,
                                                                                                59, 72, 74, 89 ,
                                                                                                90
                                                                                          73.75-11 ,  19, 29, 39 ,
                                                                                                49 ,  59, 69, 79 ,
                                                                                                 89 , 99
                                                                                          73.76-15 ,  16, 19
                       73.18            Tubes and pipes and blanks therefor, of iron
                                         (other than of cast iron) or steel, excluding
                                         high-pressure hydro-electric conduits:
                                        ex C. Other:
    I S 20                                        — Tubes and pipes, of stainless or      73.18-44, 51 , 66, 76        17 623
                                                      refractory steel (a)
                       81.04            Other base metals, unwrought or wrought, and
                                        articles thereof; cermets, unwrought or wrought,
                                        and articles thereof:
                                        K. Titanium :
    I S 21                                   II. Other                                    81.04-58                           44
(x) Including products covered by the ECSC Treaty.
(a) Subject to compliance with the definitions given in Annex III.
 ---pagebreak--- No L 16/30                                    Official Journal of the European Communities                                 24. 1 . 76
                                                                    ANNEX II
                                         LIST OF PRODUCTS REFERRED TO IN ARTICLE 2
       Order              CCT
                                                                        Description                               Nimexe code
        No             heading No
         1                  2                                                3                                         4
    IIS 1                44.15              Plywood, blockboard, laminboard, battenboard and similar          44.15-all Nos
                                            laminated wood products (including veneered panels and
                                            sheets) ; inlaid wood and wood marquetry
    II S 2               44.18              Reconstituted wood, being wood shavings, wood chips,              44.18-all Nos
                                            sawdust, wood flour or other ligneous waste agglomerated
                                            with natural or artificial resins or other organic binding
                                            substances, in sheets, blocks or the like
                         48.01             Paper      and    paperboard   (including  cellulose wadding),
                                            machine-made, in rolls or sheets :
                                            ex E. Other :
    II S 3                                          — Sulphite paper for wrapping purposes (a)                48.01-71,73
    II S 4               48.03             Parchment or greaseproof paper and paperboard, and                 48.03-all Nos
                                           imitations thereof, and glazed transparent paper, in rolls or
                                            sheets
   II S 5                48.09             Building board of wood pulp or of vegetable fibre, whether         48.09-all Nos
                                            or not bonded with natural or artificial resins or with
                                            similar binders
                         73.02              Ferro-alloys :
                                            A. Ferro-manganese :
    IIS 6                                       II. Other
                                                                                                            • 73.02-19, 40
                                            D. Ferro-silicio-manganese                                    -
    II S 7                                  C. Ferro-silicon                                                  73.02-30
                                            G. Other:
   IIS 8                                       — Ferro-vanadium                                               73.02-83
   II S 9                                      — Others excluding ferro-molybdenum and ferro-vana­            73.02-60, 70, 98
                                                    dium
(a) Subject to compliance with the definition given m Annex III.
 ---pagebreak--- 24. 1 . 76                                 Official Journal of the European Communities                            No L 16/31
       Order              CCT
        No             heading No                                     Description                             Nimexe code
         1                  2                                             3                                        4
                         73.15           Alloy steel and high carbon steel in the form mentioned
                                         in heading Nos 73.06 to 73.14:
   IIS 10                                A. High carbon steel i1)                                       73.61-10, 20,   50, 90
                                                                                                        73.62-10, 30
                                                                                                        73.63-10, 21 ,  29 , 50,
                                                                                                              72, 74,   79
                                                                                                        73.64-20, 50,   72 , 75 ,
                                                                                                              79, 90
                                                                                                        73.65-21 , 23 , 25 , 53 ,
                                                                                                              55 , 70,  81 , 83
                                                                                                        73.66-40, 81 ,  86, 89
                         73.18           Tubes and pipes and blanks therefor, of iron (other than
                                         of cast iron) or steel, excluding high-pressure hydro-electric
                                         conduits :
                                             B. Straight and of uniform wall-thicknéss, other than      73.18-15
                                                 those falling in A above, of a maximum length of
                                                 4-50 m, of alloy steel containing by weight not less
                                                 than 0-90% but not more than 1· 15% of carbon, not
                                                 less than 0-50% but not more than 2% of chromium
                                                 and not more than 0-50% of molybdenum
    II S 11                              ex C. Other:
                                                 — Tubes and pipes, straight, and of uniform wall­      73.18-21
                                                     thickness, other than those falling in A above, of
                                                     a length of more than 4-50 m, of alloy steel
                                                     containing by weight not less than 0·90%· but not
                                                     more than 1-15% of carbon, not less than 0-50%
                                                     but not more than 2% of chromium and not more
                                                     than 0-50% of molybdenum
                         76.01           Unwrought aluminium, aluminium waste and scrap :
   IIS 12
                                         A. Unwrought                                                   76.01-11 , 15
                         81.04           Other base metals, unwrought or wrought, and articles
                                         thereof; cermets, unwrought or wrought, and articles thèreof:
                                         K. Titanium :
   IIS 13                                    I. Unwrought, waste and scrap                              81.04-56
(*) Including products covered by the ECSC Treaty.
 ---pagebreak--- No L 16/32                   Official Journal of the European Communities                              24. 1 . 76
                                                 ANNEX 111
                                                DEFINITIONS
           ex 48.01 C II  Kraftliner
                          ' Kraftliner' means machine-finished or machine-glazed paper or
                          paperboard, in rolls, containing not less than 80% of chemical sulphate
                          softwood pulp calculated on total fibre content, weighing more than 115
                          g/m2 and having a Mullen burst ratio of not less than 35 .
           ex 48.01 C II  Kraft paper for large sacks
                          'Kraft paper for large sacks' means machine-finished paper, in rolls,
                          containing not less than 80% of chemical sulphate softwood pulp
                          calculated on total fibre content, weighing not less than 60 g/m2 but not
                          more than 115 g/m2, having a Mullen burst ratio of not less than 38 , and
                          having a stretch factor of more than 4-5% in the cross direction and of
                          more than 2% in the machine direction .
           ex 48.01 E      Other printing paper and other writing paper, not containing mechanical
                          wood pulp or containing not more than 5 % of mechanical wood pulp
                          ' Other printing paper and other writing paper, not containing mechanical
                          wood pulp or containing not more than 5% of mechanical wood pulp,
                          means paper other than machine-glazed, used for printing or writing, which
                          contains not more than 5% of mechanical wood pulp calculated on total
                          fibre content.
           ex 48.01 E    Printing paper and writing paper, containing mechanical wood pulp
                          'Printing paper and writing paper containing mechanical wood pulp'
                          means, paper other than machine-glazed, used for printing and writing,
                          containing more than 5% of mechanical wood pulp calculated on total
                         fibre content.
           ex 48.01 E    Fluting paper for corrugated paperboard
                         'Fluting paper for corrugated paperboard' means paper, in rolls,
                         containing not less than 65% of unbleached semi-chemical hardwood
                         pulp (pulp obtained from wood by light chemical treatment followed by
                          mechanical treatment) calculated on total fibre content and having a CMT
                          (Concora Medium Test) crush resistance exceeding 20 kp.
           ex 48.01 E    Sulphite paper for wrapping purposes
                         'Sulphite paper for wrapping purposes' means machine-glazed paper,
                         containing more than 40% of chemical bisulphite wood pulp, calculated
                         on total fibre content, having an ash content of not more than 8% and
                         having a Mullen burst ratio of not less than 15 .
           ex 73.15 B    Alloy steel, stainless or heat-resisting
           ex 73.18 C     'Alloy steel, stainless or heat-resisting' means alloy steel, containing, by
                         weight 12% or more of chromium, with or without other alloy
                         elements, and less than 1 % of carbon .
           ex 73.15 B    High-speed alloy steel
                         'High-speed alloy steel' means alloy steel containing, with or without
                         other alloy elements, at least two of the following three elements : tungsten
                         (wolfram), molybdenum and vanadium with a total content, by weight, of
                         not less than 7 % of these elements taken together, and containing more
                         than 0-6% , by weight, of carbon.