CELEX: 31976R3235
Language: en
Date: 1976-12-21 00:00:00
Title: Council Regulation (EEC) No 3235/76 of 21 December 1976 establishing indicative ceilings and Community supervision for imports of certain products originating in Sweden (1977)

31 . 12. 76                            Official Journal of the European Communities                         No L 367/25
                                      COUNCIL REGULATION (EEC) No 3235/76
                                                    of 21 December 1976
                   establishing indicative ceilings and Community supervision for imports of certain
                                           products originating in Sweden ( 1977)
THE COUNCIL OF THE EUROPEAN                                       administrative procedure must make provision for
COMMUNITIES,                                                      the reintroductuon of customs tariff dudes as soon
                                                                  as the ceilings have been reached at Community
                                                                  level ;
Having regard to the Trealty establishing the
European Economic Community, and in particular                    Whereas 'this administrative procedure requires close
Article 113 thereof,                                              and particularly rapid cooperation between the
                                                                  Member States and the Commission ; whereas the
Having regard to the proposal from the Commission,                latter must, in particular, be able to follow the
                                                                  progress of amounts set off against the indicaitive
Whereas an Agreement (*) between the European                     ceilings and keep tihe Member States informed;
Economic Community and the Kingdom of Sweden                      whereas this cooperation must be all the closer since
was signed' on 22 July 1972 ;                                     the Commission must 'be able to take adequate
                                                                  measures      to   reintroduce    customs tariff duties
                                                                  whenever one of the ceilings has been reached;
Whereas Artides 1 and 2 of Protocol 1 annexed to
this Agreement make provision for a specific                      Whereas tihe trend of imports should be followed
timetable for the progressive abolition of customs                for certain products for which, under Article 3 of
duties in respect of the products to which the                    Protocol 1 , the Community has suspended the
Agreement applies ; whereas under Article 3 of that               application of ceilings and (for products which are
Protocol the imports of these products are limited                not subject to the coiling system ; whereas it is
to annual indicative ceilings above wlhich the customs            therefore desirable that imports of such products
duties applicable to third countries may be                       should be subject to supervision,
reintroduced ; whereas, however, under Article 3 (b)
the Communoity has to suspend the application of
certain ceilings ; whereas, on the other hand1, in the
event of short-term economic difficulties, the Com­               HAS ADOPTED THIS REGULATION:
munity may, under Article 3 (c) of Protocol 1 ,
maintain the ceiling amounts of the (preceding year;
whereas, (however, application oif this measure must                                        Article 1
be limited to products most affected by the short­
term difficulties ; whereas, therefore, tihe ceilings to
be applied in 1977 must be established; whereas in                 1 . From 1 January until 31 December 1977, imports
this situation it iis also necessary that die Com­                of products originating in Sweden and indicated in
 mission be regularly informed of the trend of the                Annex I (to this Regulation shall be subject to
imports of the products in question and, in conse­                 indicative cailinigs and to Community supervision.
 quence, it is necessary to subject these imports to
 supervision ;                                                     The description of the products referred to in tihe
                                                                  preceding subparagraphs, their tariff headings and
                                                                   statistic numbers and the levels of the indicative
 Whereas this objective may Ibe achieved by means of
 an administrative procedure based on setting off                  ceilings are given in Annex I.
 imports of the products in question a/gainst the
 indicative ceilings at Community level, as and when               2. Amounts sihall be set off against the indicative
 these products are submitted to the customs                       ceilings as and when products are submitted to the
 authorities under cover of declarations that they have            customs authorities under cover of a declaration
 been made available for consumption ; whereas this                that they have been made available for consumption
                                                                   and accompanied by a movement certificate
                                                                   conforming to the rules contained in Protocol 3 to
 (») OJ No L 300, 31 . 12. 1972, p . 96.                           the Agreement.
 ---pagebreak--- No L 367/26                       Official Journal of the European Communities                           31 . 12. 76
Goods shall be set off against the indicative ceiling                                 Article 2
only if the movement certificate has been submitted
before the date      on  which   customs   duties  are       From 1 January until 31 December 1977, imports
reimposed.                                                  of the products referred to in Annex II wihich
                                                             originate in Sweden shall be subjeat Co Community
The reaching oif a ceiling shall be determined at            supervision.
Community level on the basis of imports set off
against it in the manner defined in the preceding            Member States shall forward to tlhe Commission not
subparagraphs.                                               later than the 15th day of each month statements of
                                                             imports of the products in question effected during
The Member States shall periodically inform the              the preceding month ; to this end, only products
Commission of imports effected in accordance with           submitted to the customs authorities under cover
the above rules ; such information shall be supplied         of a declaration that tlhey have 'been made available
under the conditions laid down in paragraph 4.              for consumption and accompanied by a movement
                                                            certificate conforming to the rules contained in
3 . As soon as the ceilings have been reached, the          Protoaol 3 to the Agreement shall be taken inito
                                                             consideration.
Commission may issue a Regulation reimposing the
customs duties provided for in Article 3 (f) of
Protocol 1 to the Agreement until the end of the                                      Article 3
calendar 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 up                                    Article 4
such statements for periods of 10 days and forward
them within five clear days of expiry of the preceding      This     Regulation     shall   enter  into force     on
10-day period.                                               1 January 1977.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 21 December 1976.
                                                                                For the Council
                                                                                  The President
                                                                          A. P. L. M. M. van der STEE
 ---pagebreak--- 31 . 12. 76                                  Official Journal of the European Communities                              No L 367/27
                                                                      ANNEX I
                 LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION
                                                                       IN 1977
                                                                                                                            Level
      Order            CCT                                                                                                of ceiling
        No         heading No                                  Description                       NIMEXE code.
                                                                                                                        (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 , 27, 31       420 942
      I S 2                                         — Kraft paper for large bags (a )       48.01-16, 23 , 28            491 697
      I S 3                                         — Other                                 48.01-08 , 09, 11 , 12,      224 452
                                                                                                   13 , 17, 19, 25 ,
                                                                                                   26, 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 mech­
                                                    anical wood pulp or in which mech­
                                                    anical wood pulp does not represent
                                                    more than 5 % (a)
       I S 5                                    — Printing paper and writing paper,         48.01-64, 65 , 69            130 802
                                                    containing mechanical wood pulp (a),
                                                    excluding copying tissue
       I S 6                                    — Fluting paper for corrugated paper­       48.01-75                     182 760
                                                     board (a )
       I S 7                                    — Other, excluding cellulose wadding        48.01-41 ,  43 ,  45 , 52,   167 281
                                                     and tissues                                   53 ,  54,  55,  56,
                                                                                                   77,   82,  84,  86,
                                                                                                   88,   91 , 93 , 95,
                                                                                                   97
       IS 8            48.04           Composite paper or paperboard (made by               48.04 - all Nos                22 342
                                       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,         51 729
                                                                                                    80
 (a) Subject to compliance with the definitions given in Annex III .
 ---pagebreak---  No L 367/28                                  Official Journal of the European Communities                              31 . 12 . 76
        Order           CCT                                                                                               Level
         No          heading No                               Description                     NI MEXE 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              42 905
       I S U                                — 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 :
      I S 12                           B. Other                                          48.15-10, 21 , 29, 30,         12 613
                                                                                               40, 50, 61 , 65 ,
                                                                                               95 , 99
       I S 13          48.16            Boxes, bags and other packing containers, of     48.16 - all Nos                22 334
                                       paper or paperboard
                       48.21            Other articles of paper pulp, paper, paperboard
                                       or cellulose wadding :
                                       B. Napkins and napkinliners, for babies , put     48.21-11
      I S 14    '                           up for retail sale
                                                                                                                   •    13 840
                                        C. Other                                         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                  22 119
                                       G. Other :
      I S 16                                — Ferro-molybdenum                           73.02-81                       ceiling
                                                                                                                       delayed
                       73.15           Alloy steel and high carbon steel in the forms
                                       mentioned in heading Nos 73.06 to 73.14 :
                                       B. Alloy steel :
      I S 17                                — Stainless or refractory (a)                73.71-13 , 23 , 53 , 93        86 206 0
                                                                                         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
(*) Including products covered by the ECSC-Treaty.
 ---pagebreak--- 31 . 12. 76                                   Official Journal of the European Communities                           No L 367/29
       Order            CCT                                                                                               Level
        No          heading No                                Description                       NIMF.XE code            of ceiling
                                                                                                                      (metric tons)
         1       I       2        I                                 3                    I             4           I        5
                       73.15
      IS 18           (con'd)                   High speed (a)                             73.71-14, 24, 54, 94          ceiling
                                                                                           73.73-14, 24, 34, 54        delayed
                                                                                           73.74-54
                                                                                           73.75-24, 34, 44, 54,
                                                                                                 64, 84
                                                                                           73.76-14
      IS 19                                     Other                                      73.71-19, 21 , 29,  55,      83 640 (x)
                                                                                                 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        18 504
                                                    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                           46
(a) Subject to compliance with the definitions given in Annex III .
(l) Including products covered by the ECSC Treaty.
 ---pagebreak--- No L 367/30                                    Official Journal of the European Communities                            31 . 12. 76
                                                                   ANNEX II
                                         LIST OF PRODUCTS REFERRED TO IN ARTICLE 2
                                                                                                                                0
      Order              CCT
       No            heading No                                       Description                              NIMEXE code
        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 imitations   48.03 - all Nos
                                          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 :
     II S 6                                   II. Other                                                    •  73.02-19, 40
                                          D. Ferro-silico-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 in Annex III.
 ---pagebreak--- 31.12.76                                    Official Journal of the European Communities                          No L 367/31
      Order            CCT
                                                                     Description                              NIMEXE code
        No           heading No
         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 (*)                                         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-pressuré hydro-electric
                                         conduits :
                                            B. Straight and of uniform wall-thickness, 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 con­
                                                     taining 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 :
      II S 12                            A. Unwrought                                                    76.01-11 , 15
                         81.04           Other base metals, unwrought or wrought, and articles
                                         thereof ; cermets, unwrought or wrought, and articles thereof :
                                         K. Titanium :
       IIS 13                                I. Unwrought, waste and scrap                                81.04-56
 (I) Including, products covered by the ECSC Treaty.
 ---pagebreak--- No L 367/32                 Official Journal of the European Communities                              31 . 12.76
                                                 ANNEX 111
                                               DEFINITIONS
           cx 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°/o 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°/o of mechanical wood pulp
                         'Other printing paper and other writing paper, not containing mechanical
                         wood pulp or containing not more than 5°/o of mechanical wood pulp*
                         means paper other than machine-glazed, used for printing or writing,
                         which contains not more than 5°/o 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°/o 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°/o 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
                     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.