CELEX: 51975PC0380
Language: en
Date: 1975-07-25
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL 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 (75) 380
Vol. 1975/0151
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(75) 380 final
                                                     Brussels . 25 July 1975
                             Proposal for a
                    REGULATION (EEC ) OP THE COUNCIL
               amending Regulation (EEC) No 950/68 on the
                         Common Customs Tariff
             ( submitted to the Council "by the Commission)
 COM(75) 380 final
 ---pagebreak---                                                                 ANNEX I
                        EXPLANATORY MEMORANDUM
             In Regulation (EEC ) No 950/68 of 28 June 1968^\ the Council
adopted , as an Annex to that Regulation , the Common Customs Tariff which
was in operation on that date , that is to say , taking into account the
various Regulations and Decisions then in force as well as Community
obligations towards third countries .
             Commencing on 1 January 1970 , this Regulation has been amended
each year "by way of an amending Council Regulation in the form of a new
Annex comprising the up-dated "Common Customs Tariff ".
             It will be necessary to take similar action on 1 January 1976 ,
when the second stage , of the results of negotiations carried out pursuant
to Article XXIV , Paragraph 6 , of the GATT enters into force .
             In order that an up-dated legal text may be made available
in the official languages of the Community to Member States and all other
users , it is proposed that the Council adopt , pursuant to 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 those pages of the Common Customs
Tariff - in its present version in the Official Journal - which are to
be amended are annexed hereto .    In the edition to be published in the
Official Journal the Common Customs Tariff will , however , be reproduced
in its entirety.
             In relation to the text in force on 1 January 1975 » "the present
proposal calls for the following observations :
A.   AMENDMENTS ARISING OUT OF INTERNATIONAL OBLIGATIONS
     I.   Amendments arising out of the implementation of the negotiations
          carried out pursuant to Article XXIV , Paragraph 6 , of the GATT
          ( Decision of 20 July 1974 )
                                                                           ./•
 (1)   OJ No L 172 of 22 July 1968 . page 1
 ---pagebreak---                                 -  2   -                    (Annex I )
                                                                                   r
                                                                                   l
                                                                                    \
   II . With regard to subheadings 78. 01 A II (Unwrought lead, other)            ij
        and 79*01 A (Unwrought zinc ), negotiations are proceeding in
        GATT (Art . XXVIII , Paragraph ]). As soon as they finish and
        the new consolidated rates of duty are known, these rates will
        he inserted into Annex II of this draft Regulation providing ,
        however, that the negotiations have been approved and that the
        associated concluding formalities have been     discharged.    Until
        then , nothing has been put in the conventional duty column.
B. AUTONOMOUS AMENDMENTS                                                             ,
                                                                                     !
                                                                                     I
   I.   Amendments arising from other Community Acts                                 j
        These are tariff amendments arising from certain Regulations on              j
        common organisation of markets already in force or entering into             j
        force on 1 January 1976 .                                                    j
        These amendments affect the following Chapters :                             |
         (a ) Chapter 4 ( Regulations Nos 467/75 » 656/75 an<i 823/75 ) ?            i
         (b) Chapter 22 ( Regulation No 678/75 )*                                    j
   II . Proposed amendments
        The proposed autonomous amendments are few in number and are                 j
         intended merely to clarify the text and to ensure closer alignment .
        between the various versions of the Common Customs Tariff.
        These amendments , which sometimes vary with the language , mainly
         affect :
                                                                                     1
         - Chapter 27    :   - Additional Notes 1 B and 1 H ;
                             - headings and subheadings 27«07 » 27.07 B , 27.07 d J
                                27.10 , 27.13
         - 28.40 B , 31.05 A II a)
         - Chapter 38 s - Note 1 ( a) ( 2 ) ;
                           - 38.11
         - Chapter 40 s Note 4 a )
         -   47.01
         - Chapter 48 , Additional Note ( see comments in item III below)
         - 71.09 , 73.36                                                            j
         - Section XVII , Additional Note                                          !
                                                                                    i.
         - Chapter 89 i - Additional Note 3 »                                      i
                           - 89.04
          -  92.12
                                                                            /
 ---pagebreak---                           -   3  -                            ( Annex I )
III . Comment s
      ( a) Chapter 48 t Additional Note
           In the Annex to this draft Regulation it is proposed , in regard
           to this Note , that the watermark criterion should not apply
           in the period ending 30 June 1976 .
           All the Member States were agreed on this point at the consulta­
           tions held in the Commission. Some delegations ( in particular
           those of Germany and the Netherlands ) reserved the right ,
           however , to reniew the matter in the light of market trends
           and to give their final verdicts at the meeting in September
           of the Economic Questions Group.
      (b ) Section XVII - New Additional Note
           In response to a request from Germany , repeated again this
           year , several discussions have been held in the Commission
           concerning the extension of the split consignment arrangements
           applicable to the machinery falling within Section XVI to the
           vehicles , aircraft and vessels falling within Section XVII .
           Failing an agreement covering the complete range of goods falling
           within Section XVII , extension of these arrangements to some
           of the equipment falling within this Section was envisaged , and
           the United Kingdom delegation proposed recently that the arran­
           gements should be extended to cover the goods falling within
           headings Nos 86.10 ( Railway and tramway track fixtures and
           fittings ), 88.05 ( Ground flying trainers , etc.), 89.03 ( Certain
            special vessels ) and 89 . 05 ( Floating structures other than
           vessels). However, it emerged that this proposal had to be
            studied in depth and the delegations of Benelux, France and Italy
           wished to be given until September to reconsider the matter. If
           an appropriate agreement were reached , the following Additional
           Note 2 would be inserted in Section XVII :
            "2. The provisions of General Rule A 2 ( a) are also applicable ,
                 at the request of the declarant and subject to conditions
                 stipulated by the competent authorities, to goods falling
                 within headings Nos 86.10 , 88 . 05 , 89.03 and 89 . 05 imported
                 in split consignments ".
           The present Additional Note would become Additional Note 1 .
                                                                              /
 ---pagebreak---                                                                          ANNEX II
                               Proposal for a
                       REGULATION (EEC ) OP THE COUNCIL
                     amending Regulation (EEC ) No 950/68
                        on the Common Customs Tariff
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard, to the Treaty establishing the European Community f 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 Articles XXIV Paragraph 6 and XXVIII
Paragraph 1 of the General Agreement on Tariffs and Trade , as concluded "by the
Council decisions of 20 July 1974 and              1975 » respectively, the European
Economic Community has undertaken to reduce or amend customs duties for various
products on 1 January 1976 ; whereas it is expedient , therefore , in order to
ensure uniform application of the Common Customs Tariff , to specify in Council
Regulation (EEC ) No 950/68^"^ of 28 June 1968 on the Common Customs Tariff, as
                                                  2)
last amended by Regulation (EEC ) No         / 75    » "the conventional duties appli­
cable to those products from 1 January 1976 ;
Whereas for certain headings or Chapter Notes it is necessary to introduce amend­
ments with the object of ensuring uniform application of the Common Customs Tariff ;
Whereas , moreover , a certain number of drafting amendments are justified for the
purpose of improving the Common 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 :
                                                                                  ./•
 1   OJ No L 172 of 22.7.1968 , p. 1
(2   OJ No L
 ---pagebreak---                               -   2  -                            ( Annex II )
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 collect in a single text not only the parts which are amended as from 1
January 1976 but also the parts which have already been amended and those
which remain unchanged ;
Whereas , although temporary tariff amendments and the preferential systems
resulting from the various Acts adopted by the Community form an integral
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 although the nomenclature
and the conventional duties for these products are included , for information
purposes , in the Schedule of Duties in order to make the latter easier to
understand ,
HAS ADOPTED THIS REGULATION s
                                    Article 1
The Annex headed "Common Customs Tariff" to Regulation (EEC ) No 950/ 68
 is hereby replaced by the Annex appended to this Regulation.
                                  Article 2
 This Regulation shall enter into force on 1 January 1976 .
 This Regulation shall be binding in its entirety and directly applicable
 in all Member States.
 Done at                                                  For the Council
                                                          The President