CELEX: 
Language: en
Date: 1985-12-31 00:00:00
Title: Council Regulation (EEC) No 3710/85 of 10 December 1985 on the conclusion of an Arrangement in the form of an Exchange of Letters with the United States of America extending the Arrangement of 10 January 1985 concerning trade in steel pipes and tubes

31 . 12 . 85                             Official Journal of the European Communities                           No L 355 / 97
                                        COUNCIL REGULATION ( EEC) No 3710/85
                                                      of 10 December 1985
                   on the conclusion of an Arrangement in the form of an Exchange of Letters with the
                   United States of America extending the Arrangement of 10 January 1985 concerning
                                                  trade in steel pipes and tubes
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             HAS ADOPTED THIS REGULATION :
                                                                                             Article 1
Having regard to the Treaty establishing the European                1 . The Arrangement in the form of an Exchange of
Economic Community, and in particular Article 113                    Letters with the United States of America extending the
thereof.                                                             Arrangement of 10 January 1985 with the United States
                                                                     of America concerning trade in steel pipes and tubes, is
                                                                     hereby approved on behalf of the European Economic
Having regard to the proposal from the Commission,                   Community.
                                                                     2.   The text of the Arrangement is attached to this
Whereas, following the Council Decision of 7 June 1985 ,             Regulation .
the Commission conducted negotiations with the United                                        Article 2
States of America, culminating in an Arrangement
extending the Arrangement of 10 January 1985                         The President of the Council is hereby authorized to
concerning Community exports of steel pipes and                      designate the person empowered to carry out the
tubes ('), approved by Regulation (EEC) No 59 / 85 ;                 exchange of letters for the purpose of binding the
                                                                     European Economic Community.
                                                                                             Article 3
Whereas the Arrangement will make it possible to
safeguard the essential interest of Community producers              This Regulation shall enter into force on the day of its
exporting steel pipes and tubes to the United States                 publication in the Official Journal of the European
market,                                                              Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels , 10 December 1985 .
                                                                                          For the Council
                                                                                           The President
                                                                                          M. FISCHBACH
 (') OJ No L 9 , 19 . 1 . 1985 , p. 1 .
 ---pagebreak--- No L 355 / 98                             Official Journal of the European Communities                                31 . 12.85
                                                       ARRANGEMENT
                  in the form of an Exchange of Letters with the United States of America, extending the
                  Arrangement of 7 January 1985 concerning trade in steel pipes and tubes between the
                                    European Communities and the United States of America
                                            A. Letterfrom the European Communities
         Dear Mr Ambassador,
         In the course of the discussions between the European Economic Community (hereinafter referred to
         as the ' EEC') and the Government of the United States of America (hereinafter referred to as the
         'US') concerning EEC exports of pipes and tubes to the United States of America (hereinafter
         referred to as the 'USA') both parties have agreed to extend the Arrangement dated 10 January 1985 ,
         through 30 September 1989. For this purpose, both parties have agreed that the Arrangement dated
         10 January 1985 , is amended as follows :
         1 . The first paragraph of Section 1 is replaced by the following :
             'The EEC shall restrain exports to, or destined for consumption in, the USA of steel pipes and
             tubes described in Annex A, originating in the Community (such exports hereinafter referred to as
             "pipes and tubes") to a level of 7,6 % of US apparent consumption for the following periods :
             calendar years 1985 , 1986, 1987, 1988 and the nine months ending 30 September 1989. During
             these periods export licences shall be required for pipes and tubes .'
         2 . Section 4 is replaced by the following :
             '4 . The US, with the advice of the EEC , will select an independent and objective forecaster which
                  will provide the estimate of US apparent consumption for the purposes of this Arrangement.
                  For 1985 a first projecton of US apparent consumption will be established. These figures for
                  projected consumption will then be revised in February, May, August and October 1985 , by
                  the said independent forecaster, and appropriate adjustments will be made to the export limits
                  for pipes and tubes on the basis of these revisions, taking into account licences already issued .
                  The same procedure will be followed to calculate and revise the US apparent consumption and
                  export limits for each period after 1985, the first projection being established by the
                  independent forecaster by 1 October of the calendar year preceding the relevant period , and
                  subsequently revised in February, May, August und October of such period .
                  By March of each period , adjustments to that period's export limits will be made for
                  differences between the forecasted US apparent consumption and actual US apparent
                  consumption in the preceding period .'
         3 . Subsection (a) of Section 5 is replaced by the following :
              '(a) Pipes and tubes exported to the USA after 31 December 1984 must be counted against the
                    export limit for the relevant period , unless otherwise provided for.'
         4 . Subsections (a) and (c) of Section 6 are replaced by the following :
              '(a) Export licences will be issued against the export limit for a period . Export licences for a given
                    period may be used as early as 1 December of the preceding period up to 8 % of the export
                    limit for the given period . Export licences must be used before 31 December of the period for
                    which they are issued, except that licences not so used may be used during the first two
                    months of the following period up to 8 % of the export limit for the previous period.'
              '(c) Normally, only one change in a limit, sub-limit or ceiling may be made by an adjustment
                    under this section . Accordingly, more than one such change in a given period may be made
                    only upon agreement between the EEC and the US .'
         I confirm the agreement of the EEC to the foregoing. I should be grateful if you would acknowledge
         receipt of this letter and confirm your Government's agreement to its content.
         Please accept, Mr Ambassador, the assurance of my highest consideration .
                                                                                           On behalfofthe
                                                                                Council ofthe European Communities
 ---pagebreak--- 31 . 12.85                                 Official Journal of the European Communities                            No L 355 / 99
                                              B. Letterfrom the United States ofAmerica
           Sir,
           I have the honour to acknowledge receipt of your letter of today's date which reads as follows :
                'Dear Mr Ambassador,
                In the course of the discussions between the European Economic Community (hereinafter
                referred to as the "EEC") and the Government of the United States of America (hereinafter
                referred to as the "US"), concerning EEC exports of pipes and tubes to the United States of
                America (hereinafter referred to as the "USA") both parties have agreed to extend the
                Arrangement dated 10 January 1985 , through 30 September 1989 . For this purpose , both parties
                have agreed that the Arrangement dated 10 January 1985 , is amended as follows :
                1 . The first paragraph of Section 1 is replaced by the following :
                    "The EEC shall restrain exports to, or destined for consumption in , the USA of steel pipes
                    and tubes described in Annex A, originating in the Community (such exports hereinafter
                    referred to as 'pipes and tubes') to a level of 7,6 % of US apparent consumption for the
                    following periods : calendar years 1985 , 1986, 1987, 1988 and the nine months ending
                    30 September 1989. During these periods export licences shall be required for pipes and
                    tubes ."
                2 . Section 4 is replaced by the following :
                    "4 . The US, with the advice of the EEC , will select an independent and objective forecaster
                         which will provide the estimate of US apparent consumption for the purposes of this
                         Arrangement.
                         For 1985 a first projection of US apparent consumption will be established . These figures
                         for projected consumption will then be revised in February, May, August and October
                         1985 , by the said independent forecaster , and appropriate adjustments will be made to the
                         export limits for pipes and tubes on the basis of these revisions, taking into account
                         licences already issued . The same procedure will be followed to calculate and revise the
                         US apparent consumption and export limits for each period after 1985 , the first
                         projection being established by the independent forecaster by 1 October of the calendar
                         year preceding the relevant period , and subsequently revised in February, May, August
                         and October of such period.
                         By March of each period, adjustments to that period's export limits will be made for
                         differences between the forecasted US apparent consumption and actual US apparent
                         consumption in the preceding period ."
                3 . Subsection (a) of Section 5 is replaced by the following :
                    "(a) Pipes and tubes exported to the USA after 31 December 1984 must be counted against
                           the export limit for the relevant period, unless otherwise provided for."
                4 . Subsections ( a) and (c) of Section 6 are replaced by the following :
                    "(a) Export licences will be issued against the export limit for a period . Export licenct s for a
                           given period may be used as early as 1 December of the preceding period up to 8 % of
                           the export limit for the given period . Export licences must be used before 31 December
                           of the period for which they are issued , except that licences not so used may be used
                           during the first two months of the following period up to 8 % of the export limit for the
                           previous period ."
                    "(c) Normally , only one change in a limit, sub-limit or ceiling may be made by an adjustment
                           under this section . Accordingly, more than one such change in a given period may be
                           made only upon agreement between the EEC and the US ." '
           I have the honour to confirm that my Government is in agreement with the contents of your letter.
           Please accept . Sir, the assurance of my highest consideration.
                                                                                         For the Government of
                                                                                      the United States ofAmerica