CELEX: 31974R2907
Language: en
Date: 1974-11-07 00:00:00
Title: Regulation (EEC) No 2907/74 of the Council of 7 November 1974 establishing Community supervision of imports of certain products originating in Switzerland

No L 313 / 38                         Official Journal of the European Communities                               25 . 11 . 74
                                REGULATION (EEC) No 2907/74 OF THE COUNCIL
                                                      of 7 November 1974
              establishing Community supervision of imports of certain products originating in
                                                           Switzerland
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                           Whereas, for the products which, in accordance with
                                                                    Articles 2 and 3 of the Agreement, are subject to the
Having regard to the Treaty establishing the                        normal timetable for the abolition of customs duties
European Economic Community, and in particular                      it is necessary to follow the trend of imports,
Article 113 thereof ;                                               whereas to this end the Community should be
                                                                    empowered to take, where appropriate, measures to
                                                                    avoid any prejudice to industry in the Community ;
Having regard to the proposal from the Commission ;
                                                                    whereas it is, therefore, desirable that imports of
                                                                    these products also be subjected to a system of
Whereas an Agreement ( 1 ) between the European                     supervision,
Economic Community and the Swiss Confederation
was signed on 22 July 1972 ;
Whereas Articles 2 and 3 of that Agreement make                     HAS ADOPTED THIS REGULATION :
provision for the progressive abolition of customs
duties an respect of the products to which the
Agreement applies ; whereas by way of derogation                                             Article 1
from these Articles , Articles 1 , 2 and 3 of Protocol 1
annexed to the Agreement lay down that, for
imports of certain products listed in Annex B to that
Protocol, the reduction of duties shall be limited to               1.    From 1 January until 31 December 1975 ,
indicative ceilings above which, the customs duties                 imports of products originating in Switzerland to
applicable to third countries may be reintroduced ;                 which annual indicative ceilings are applied in
whereas application of this last provision requires                 accordance with Articles 1 , 2 and 3 and Annex B of
that the Community be regularly informed of the                     Protocol 1 of the Agreement between the European
trend of imports of the products in question                        Economic Community and the Swiss Confederation
originating in Switzerland; whereas it is, therefore,               shall be subjected to Community supervision.
desirable that imports of these products be subjected
to a system of supervision ;                                        The description of the products referred to in the
                                                                    preceding subparagraph, their tariff headings and
Whereas this objective may be achieved by means of                  statistic numbers and the levels of the indicative
an administrative procedure based on setting off                    ceilings are given in Annex I.
imports of the products in question against the
indicative ceilings, at Community level as and when                 2.    Amounts shall 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                   customs authorities under cover of a declaration that
have been made available for consumption ; whereas                  they have been made available for consumption and
this administrative procedure must make provision                   accompanied by a movement certificate conforming
for the reintroduction of customs tariff duties as                  to the rules contained in Protocol 3 of the Agreement
soon as the ceilings          have        been   reached    at      referred to in paragraph 1 .
Community level ;
                                                                    Goods shall be set off against the indicative ceiling
Whereas this administrative procedure requires close                only if the movement certificate has been submitted
and particularly rapid cooperation between the                      before    the  date   on  which    customs duties     are
Member States and the Commission ; whereas the                      reimposed.
latter must, in particular, be able to follow the
progress of amounts set off against the indicative                  The reaching of a ceiling shall be determined at
ceilings and keep the Member States informed ;                      Community level on the basis of imports set off
whereas this cooperation must be all the closer since               against it in the manner defined in the preceding
the Commission must be able to take adequate                        subparagraphs .
measures    to    reintroduce      customs     tariff  duties
whenever one of the ceilings has been reached ;                     The Member States shall periodically inform the
                                                                    Commission of imports effected in accordance with
(!) OJ No L 300, 31 . 12. 1972, p . 188 .                           the above rules .
 ---pagebreak--- 25 . 11 . 74                       Official Journal of the European Communities                              No L 313 /39
3 . As soon as the ceilings have been reached,       the        have been made available for consumption and
Commission may issue a Regulation imposing            the       accompanied by a movement certificate conforming
customs duties provided for in Article 3 (f)            of      to  the  rules     contained     in Protocol    3   of     the
Protocol 1 of the Agreement until the end of          the       Agreement referred to in Article 1 shall be taken into
calendar year.                                                  consideration .
                         Article 2                                                        Article 3
During the period from 1 January until 31 December              For the implementation of this Regulation the
1975 , imports of the products referred to in Annex II          Commission shall take all necessary measures in
which originate in Switzerland shall be subjected to            close cooperation with the Member States .
Community supervision.
The Member States shall periodically inform the                                           Article 4
Commission of imports of these products ; to this
end, only products submitted to the customs                     This Regulation shall enter into force on 1 January
authorities under cover of a declaration that they              1975 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 7 November 1974.
                                                                                For the Council
                                                                                  The President
                                                                                   A. JARROT
                                                         ANNEX 1
              LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION
                                                          IN 1975
       Order                                                                                                        Level
                    CCT                                                                   Nimexe Code
        No                                        Description                                                     of ceiling
                 heading No                                                                                    — metric tons
          1           2                                3                         |               4           j        5
                   73.02        Ferro-alloys :
     I CHI                      C. Ferro-silicon                                     73.02-30                       9 702
                   76.01        Unwrought aluminium, aluminium waste and
                                scrap :
      I CH 2                    A. Unwrought                                         76.01-11 , 15                 12 891
 ---pagebreak--- No L 313 /40                    Official Journal of the European Communities                                  25 . 11 . 74
                                                     ANNEX II
                              LIST OF PRODUCTS REFERRED TO IN ARTICLE 2
      Order      CCT
       No    heading No                                  Description                                   Nimexe Code
        1          2                                         3                                                4
                28.04    Hydrogen, rare gases and other non-metals:
                         C. Other non-metals :
    II CHI                   ex V. Silicon                                                        28.04-93 , 95
    II CH 2    44.15                                                                              44.15-all Nos
                         Plywood, blockboard, laminboard, battenboard and similar
                         laminated wood products (including veneered panels and sheets);
                         inlaid wood and wood marquetry
   II CH 3     44.18                                                                              44.18-all Nos
                         Reconstituted wood, being wood shavings, wood chips, sawdust,
                         wood flour or other ligneous waste agglomerated with natural or
                         artificial resins or other organic binding substances in sheets, blocks
                         or the like
    II CH 4    48.09                                                                             48.09-all Nos
                         Building board of wood pulp or of vegetable fibre, whether or not
                         bonded with natural or artificial resins or with similar binders
   II CH 5     74.03     Wrought bars, rods, angles, shapes and sections of copper; copper       74.03-all Nos
                        wire
   II CH 6     74.04    Wrought plates, sheets and strips, of copper                             74.04-all Nos
   II CH 7     74.05    Copper foil (whether or not embossed, cut to shape, perforated,          74.05-all Nos
                        coated, printed, or backed with paper or other reinforcing material),
                        of a thickness (excluding any backing) not exceeding 0-15 mm
  II CH 8     74.06     Copper powders and flakes                                                74.06-all Nos
  II CH 9     74.07     Tubes and pipes and blanks therefor, of copper; hollow bars of           74.07-all Nos
                        copper
              78.01     Unwrought lead (including argentiferous lead); lead waste and
                        scrap :
                        A. Unwrought:
 II CH 10                   II. Other                                                            78.01-12, 13 , 15 , 19
              79.01     Unwrought zinc; zinc waste and scrap :
 II CH 11               A. Unwrought                                                             79.01-11 , 15
 II CH 12     81.01     Tungsten (wolfram ), unwrought or wrought, and articles thereof          81.01-all Nos
 ---pagebreak--- 25 . 11.74                   Official Journal of the European Communities                     No L 313 /41
       Order    CCT
        No   heading No                              Description                            Nimexe Code
         1         2                                      3                                        4
   II CH 13    81.02    Molybdenum, unwrought or wrought, and articles thereof         81.02-all Nos
    II CH 14   81.03    Tantalum, unwrought or wrought, and articles thereof           81.03-all Nos
                81.04   Other base metals, unwrought or wrought, and articles thereof;
                        cermets, unwrought or wrought, and articles thereof:
    II CH 15            B. Cadmium                                                     81.04-16 , 18
                        C. Cobalt :
   II CH 16                 II. Wrought                                                81.04-23
    II CH 17            D. Chromium                                                    81.04-26 , 28
    II CH 18            E. Germanium                                                   81.04-31,33
    II CH 19            F. Hafnium (celtium )                                          81.04-36,38
    II CH 20            G. Manganese                                                   81.04-41,43
    II CH 21            H. Niobium (columbium )                                        81.04-46, 48
    II CH 22            IJ. Antimony                                                   81.04-51,53
   II CH 23             K. Titanium                                                    81.04-56,58
    II CH 24            L. Vanadium                                                    81.04-61,63
    II CH 25            M. Uranium depleted in U 235                                   81.04-69
    II CH 26            O. Zirconium                                                   81.04-81 , 83
   II CH 27             P.  Rhenium                                                    81.04-91 , 93
   II CH 28             Q. Gallium; indium; thallium                                   81.04-94, 95
   II CH 29             R. Cermets                                                     81.04-97,98