CELEX: 51978PC0374
Language: en
Date: 1978-07-27
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 950/68 on the Common Customs Tariff (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 374
Vol. 1978/0141
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(78)374 final
                                              Brussels , 27 July 1978
                           Proposal for a
                       COUNCIL REGULATION ( EEC )
 amending Regulation ( EEC ) No 950 / 68 on the Common Customs Tariff
           ( submitted to the Council by the Commission )
 C0M(78 ) 374 final
 ---pagebreak---                                                                                 ANNEX I
                                     EXPLANATORY MEMORANDUM
1.     Introduct ion
   .        '               .        ' ..                         (1 )
       1.1 . By Regulation ( EEC ) No 950 / 68 of 28 June 1968         , the Council adopted /
                in the form of an Annex to that Regulation , the Common Customs Tariff
                as applicable on that date , that is to say taking into account the
              , various autonomous regulations or decisions in force as well as the
                Community 's commitments towards third countries .
       1.2 . As from 1 January 1970 , this Regulation ( EEC ) No 950 / 68 , has been
                annually subject to an amending regulation of the Council in the
                form of a further updated " Common Customs Tariff " Annex .    This should
                likewise be the case on 1 January 1979 .
       1.3 . In order to enable all Member States and all users to have an up -to- date
                Regulation in the official languages of the Community , it is proposed
                that the Council should adopt , on the basis of Articles 28 and 113 of
                the Treaty , the Common Customs Tariff in the form of a Regulation
                amending Regulation ( EEC ) No 950 / 68 of 28 June 1968 .
                For practical reasons , only the pages of the Common Customs Tariff ( in
                                                            X
                its current version ) which have been amended appear in Annex .      In the
                edition which will be published in the Official Journal , the Common
                Customs Tariff will nevertheless appear in its entirety .
                              »                                        . i
2 . Amendments set out in this draft Regulation , as compared with the text in
       force on 1 January 1978
      2.1 . Amendments resulting from international çomrrntments
                2.1.1 . With regard to subheading 48.01 C ( Kraft paper ), it is necessary
                        to apply the results of the negotiations effected on the basis of
                        Article XXIV ( 6 ) of GATT ( Decision of 20 July 1974 ) : reduction
                        from 8.5 7. to 8 "A.                                '    >
                2.1.2 . The indication of the volume df tariff quotas relating to goods
                        in subheadings 54.03 B I , 70.19 A and 73.02 C has been amended
                        in accordance with the communication which the Community sent to
                        6ATT on this subject .   This concerns the reduction of the quotas
                        in question in proportion to the quota share from which the EFTA
                        countries benefit .
     ( 1 ) O.J. No L 172 of 22 July 1968 , page 1 .
 ---pagebreak---                               ■   ■ ~ c                                          ANNEX I
                                                                                 ( contd .)
2.2 . Amendment s_r esulti n2_from_a2ri cultural regulations
      These concern tariff amendments which result from regulations concerning .
      common market organisations already in force or coming into force on
      1 January 1979 at the latest .                  -
      These regulations affect the following Chapters :
      Chapter 1    : - subheading 01.05 A I and II
                         ( Regulation No 2299 / 77 - O.J. No L 271 /77 - p . 1 )
      Chapter 4    : - subheadings 04.02 A III a ) and B II a ); 04.04 A I and
                         E I b) 1   aa )
                         ( Regulation No 1000 / 78 - O.J. No L 130 / 78 , p . 7 )
                     - subheading 04.05 Ala )
                         ( Regulation No 2300 /77 - O.J. No L 271 /77 - p . 6 )
                                \
      Chapter 7    : - subheadings Of' . 01 P I and II ( Danish version )
                         ( Correction O.J. No L 100 / 78 , p. 2.1 )
      Chapter 10 : - legal note ( Dutch version )
                         ( Correction O.J. No 21 /78 , p. 32 )
      Chapter 22 : - Additional Notes 3 A ( last line ) and 6           ( last indent )
                     - subheading 22.05 B
                         The term " atmospheres " is to be replaced by the term
                         " bars "
                         ( Draft Council Decision included in doc . S / 985 / 78 ( CSA )
                         178 ( MED ) Corrigendum 1 )
                                                                    ( •
2.3 . Amendment s_intended_to_ensure_the_correct_and_urn for m_a|DjD J. 2caiHon_of
      2.3.1 . In this . context , for certain Chapters of Section XI , the
              statistical Nomenclature ( NIMEXE ) has been used either in its
   -   '      entirety ( Chapters 60 to 62 concerning clothing and made up
              articles ) or in part ( Chapters-50 to 59 ) in the C.C.T. When
              this transposition was made , it was felt necessary to modify .
              certain " statistical " headings in order to bring them in line
              with usual customs terminology .                  *
      2.3.2 . The Chapters and headings which are affected by these amendments
              are the following :
              Nos . 51 . 04
         .  -       53.08
                    56.06
                    59.02 '
                    59.11
                    Chapters 60 to 62
                                                                                        ./.
 ---pagebreak---                                            ■» 3 -                            ANNEX î
                                                                             ( cont'd )
2.4 Amendments requested by Member States or resulting from work
    within the Commission
    2.4.1 These amendments proposed autonomously are few and are essentially
            intended to clarify, texts , as well as to ensure the best possible
            agreement between the different versions of the Common Customs
            Tariff . These amendments , which at times differ from one language
            to another , mainly concern :
                       Chapter   28 , Note 3
                       28.01 D
                       Chapter   29 ( Modernisation of the chemical ' terminology )
                       30.01 Β
                       62.02 ( Danish version )            . i
                       70.19 and 70.19 A and A IV ( German , English and Dutch
                                                                      versions )
                       71.16 ( Danish version )
                       73.12 B I
                       73.32 ( English and Danish versions )
                       74.15 ( English and Danish versions )
                       82.02 A I ( English and Danish versions )
                       84.45 C X ( English and Dutch versions )
                       85.15 A III ( English version )
                       Chapter 87 , Note 1 ( Danish version )
                       87.02 B II   ia ) 1    laa )
                       87.02 B II    a ) 2 'aa ) and     bb )
                       93.06 B I ( English version )
                 ■                                  ■■■■
            with   regard to iodine ( subheading 28.01 D ), it appeared appropriate
            to recommend that iodine , other than crude , should be permanently
            free of duty .                                                     .    1
            The Joint Panel of Government Experts on the Common Customs Tariff
            recorded its agreement on the amendments set out above .
    2.4.2 The above mentioned Joint Panel could not reach agreement in
            respect of " aluminium oxide and hydroxide " ( alumina ), subheading
            28.20 A , or on sewing machines , subheading 84.41 A.
    (*) This amendment is set out for information purposes since it concerns
         a note relating to products coming under the ECSC Treaty , a       draft
        ^,'ad hoc " decision will be sent separately .
 ---pagebreak---                                          - 4 -                          ANNIPX   T
                                                                        ( cont 'd )
         2.4.2.1 Concerning products under subheading 28.20 A , the German delegation
                      »
                   for reasons of commercial policy, did not share the opinion
                  of the other delegations who considered it necessary to end
                  the present suspension at 5.5 % and , in consequence , to reintro­
                  duce the        rate of 8.8% . The Commission itself suggests the
                   reintroduction of this last rate, in stages , for example :
                  6.5 % from 1.7.1979 , 7.5 % from 1.1.1980 and 8.8 % from 1.7.1981 .
         2.4.2.2 With regard to sewing machines , a technical modification of the
                  text ( a ) ( which does not affect the rates applicable ) was
                  adopted by all of the Member States except Italy . The Italian
                  representative expressed a strong desire to see the duty of
                  12 % extended to all domestic sewing machines .
2.5 Amendments resulting from Directive No . 71 / 354 / EEC of 18 October 1971 ( 1 )
       further amended by Directive No . 76/ 770/ EEC of 27 July 1976 ( 2 ) on
       the approximation of the laws of the Member States relating to units
       of measurement                                >
                                                        V
       These amendments concern Additional Notes I G , 4 a ) and b ) and 5m )
       of Chapter 27 .                                    '
2.6 Amendments resulting from the adoption of the EUA
       2.6.1      The draft CCT must take into account the Proposal for a
                  Council Regulation on the application of the European Unit               '
                  of Account ( EUA ) (*)
       2.6.2      This being thecase , the following amendments are proposed :
                                            \
( a ) This text is as follows :
       84.41 A. Sewing machines ; furniture specially designed for sewing machines :
                  I. Sewing machines / with heads of & weight not exceeding 16 kg
                        without motor or 17 kg including the motor ;
              N              .  •                  _
                        sewing machine heads , of a weight not exceeding 16 kg without'
                        motor or 17 kg including the motor :
                        a ) Sewing machines ( lock-stitch only ) having a value
                         ;  ( not including frames , tables or furniture ) not exceeding
                           65 'EUA each ; sewing machine heads ( lock-stitch only )....- 12
                        b ) Other                                                        12  6
                 II . and III . ( unchanged )
              B. ( unchanged )
( 1 ) 0J No L 243 / 71 , page 29
( 2 )- 0J No L 262/ 76 , page 204
(*) See proposal for a Regulation ( doc . C0M(76 ) 513 final of 4.10.1976 and
       COM ( 77 ) 175 final ).
 ---pagebreak---                                     - 5 -                          ANNEX I
                                                                   C cont ' d )
  2.6.2.1 Section î . General Rules - General Rule C 3
               Part 3 of General Rule ,C makes provision for the rates to be
               applied for the conversion of the EUA into national currencies .
               However , certain exceptions are mentioned in paragraph B ( b )
               viz . headings and subheadings 22.06 to 22.10 , 24.01 , 69.01 ,
               69.02 , 69.07 , 69.08 , 69.10 to 69.13 , 85.25 A and 91.01 for
               which the rate to be applied for this conversion is obtained
               either by adding to or by subtracting from the former
               par value ( FMI ) half of the difference between this par value
               and the rate derived from the EUA at 1st October 1978 . With
               regard to heading 04.04 and subheading 22.05 C , the representative
               rate stays applicable as previously ( see paragraph 3 ( c ).
  2.6.2.2 Section II - Special Provisions , letter B                                           '
                              /                            ' '
               The provisions relating to minor importations of a non-commef'tia I
               nature are the subject of a separate (*) regulation , the
        -      text of which is given in this draft regulation .
                           v                            ■                       . - ..   ...
Conclusions
          "" "                                                          ■              •     /
In view of the large number of amendments which must be made to the .
Common Customs Tariff on 1 January 1979 and of the effects which such
amendments will . have on the working tariffs of the Member States , the
Commission would like the Council to give a ruling on the proposal for
a Regulation which is submitted to it in October 1978 .
(*) See proposal for a Regulation ( doc . COM ( 78 ) 257 final of 15.6.78 ).
 ---pagebreak---                                                                           • ANNEX II
                                        proposal for a
                             COUNCIL REGULATION ( EEC )
         amending Regulation ( EEC ) No 950 / 68 on the Common Customs Tariff '
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                                .
 Having regard to the Treaty establishing the European Economic Community , and in
 particular Articles 28 and 113 thereof ,
 Having regard to the proposal from the Commission ,                                        –
 Whereas , under the agreement signed with third countries as a result of the
 negotiations carried out pursuant to Article XXIV ( 6 ) of the General Agreement
on Tariffs and Trade , as concluded by the Council Decision of 20 July 1974 , the
.European Economic Community has undertaken to reduce or amend customs duties for
various products ; whereas for a certain range of products the reduction or amend­
 ment of the customs duty is to apply from 1 January 1979 ; whereas it is expendient ,
 therefore , in order to ensure uniform application of the Common Customs Tariff ,
 to specify in Council Regulation ( EEC ) No 950 / 68 on 28 June 1968 on the Common
 Customs Tariff        as last amended by Regulation ( EEC ) No ,                     the
 conventional duties applicable to those products ;
Whereas , in order to ensure the correct and uniform application of agreements con­
 cerning trade in textile products between the Community and various third countries
 it appears appropriate to set out in the Common Customs Tariff the nomenclature
relating to various statistical headings and subheadings of the said products ;
Whereas it is necessary to take account in the Common Customs Tariff of the
provisions of Council Regulation ( EEC ) No                   / 78 of
on the procedure for applying the European unit of account ( EUA ) to the legal
acts adopted by the institutions of the European Communities             and in particular
of Article 14 thereof ; whereas                      General Rule C 3 of Section I of
  1 ) O.J. No L 172 , 22.7.1968, p. 1
 (2 ) O.J. No L     ,           , p.
  ^ See Proposal for a regulation ( doc . C0M(76 ) 513 final of 4.10.1976 and also
      C0MC78 ) 257 final and T /522 /78 ( END ) of 16.6.1978 ).
                                                                                     ./.
 ---pagebreak---                                          - 2                                 ANNEX II
                                                                             ( contd .)
Part I of the " Preliminary Provisions       of the Annex " Common Customs Tariff " must
therefore be amended in accordance with the provisions of the above-mentioned
Article 14 ; and whereas     throughout the Common Customs Tariff the symbol " u.a ."        j
must be replaced by the symbol " EUA " in all cases mentioned in Article 14 of the .
above-mentioned Regulation, and whereas with regard to the conversion into national
currencies of the said EUA it is necessary , moreover, to take into account the
provisions of points 2 and 3 of that Article ;
Whereas for certain headings or Chapter Notes it is necessary to introduce amend­
ments diesigned to        ensure      uniform application of the Common Customs Tariff ;
whereas , moreover , a certain number of drafting amendments is justified for the
purpose of improving the Corrtmon Customs Tariff ;
Whereas certain Regulations on the common organisation of agricultural markets
provide that the tariff nomenclature resulting from their application shall be
included in the Common Customs Tariff and /or amend customs duties ; whereas it is
             \                                                                            «
therefore appropriate to include in this Regulation all the amendments resulting
from Regulations adopted under the common agricultural policy ;
Whereas , in order to take account of Council Directive 71 /354 / EEC of 18 October 1971
 on the approximation of the laws of the Member States relating to units of measure-
      1        .......                          .     .       2
 ment $s amended by Directive 76 / 770 / EEC of 27 July 1976 , it is necessary to amend
 the text of certain notes to chapter 22 of the CCT ;
Whereas it is appropriate , for the sake of clarity , to bring the whole of the Common
Customs Tariff up to date ; whereas , for this purpose , it is necessary to consolidate
 within a single text not only those parts which are amended with effect from 1 January
 1979 but also those which have already been amended and those which remain unchanged ;
Whereas , although temporary tariff amendments and the preferenti al arrangements resultin
from the various acts adopted by the Community form an         integrated part of the Common
Customs Tariff , it seems appropriate not to include them in this Regulation ;
Whereas this Regulation does not . apply to products covered by the Treaty
establishing the European Coal and Steel Community, a I ,though the nomenclature
and the conventional duties for these products are included, for information
purposes , in the Schedule of Customs Duties in order to make the latter easier to
understand,                                                         '
      O.J. No L 243 , 29.10.1971 , p. 29
( 2 ) O.J. No L 262 , 27.9.1976, p. 204
 ---pagebreak---                                                                          ANNEX II
                                         3
                                                                         ( contd .)
HAS ADOPTED THIS REGULATION :
                                     Article 1
The Annex headed    Common Customs Tariff   to Regulation ( EEC ) No 950 / 68 is    •
hereby replaced by the Annex             to this Regulation .
                                     Article 2
This Regulation shall enter into force on 1 January 1979 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .                '
Done at Brussels .                                          For the Council
                                                              The President