CELEX: 31973R0420
Language: en
Date: 1973-01-22 00:00:00
Title: Regulation (EEC) No 420/73 of the Council of 22 January 1973 establishing Community supervision of imports of certain products originating in Switzerland

No L 59 /22                               Official Journal of the European Communities                                 5 . 3 . 73
                                   REGULATION (EEC) No 420/73 OF THE COUNCIL
                                                         of 22 January 1973
                  establishing Community supervision of imports of certain products originating
                                                            in Switzerland
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              whereas this cooperation must be all the closer since
                                                                       the Commission must be able to take adequate
                                                                       measures    to   reintroduce    customs  tariff    duties
Having regard to the Treaty establishing the                           whenever one of the ceilings has been reached ;
European Economic Community, and in particular
Article 113 thereof;
                                                                       Whereas the indicative ceilings for the products listed
Having regard to the proposal from the Commission ;                    in Annex B to Protocol No 1 have been calculated for
                                                                       1973 by reference to the situation of the customs
                                                                       duties to be applied by the Community as originally
Whereas an Agreement (*) between the European                          constituted on the one hand, and by the new Member
Economic Community and the Swiss Confederation                         States on the other ; whereas, consequently,
was signed on 22 July 1972 ;                                           supervision of imports of certain products must begin
                                                                       on 1 January 1973 in certain Member States and on 1
Whereas Articles 2 and 3 of that Agreement make                       April 1973 in others ;
provision for the progressive abolition of customs
duties in respect of the products to which the
Agreement applies ; whereas by way of derogation                      Whereas, for the products which , in accordance with
from these Articles, Articles 1 , 2 and 3 of Protocol                 Articles 2 and 3 of the Agreement, are subject to the
                                                                      normal timetable for the abolition of customs duties
No 1 annexed to the Agreement lay down that, for
imports of certain products listed in Annex B to that                 it is necessary to follow the trend of imports ; whereas
Protocol, the reduction of duties shall be limited in                 to this end the Community should be empowered to
1973 to indicative ceilings above which the customs                   take, where appropriate, measures to avoid any
duties applicable to third countries may be                           prejudice to industry in the Community and whereas
reintroduced ; whereas application of this last                       it is, therefore, desirable that imports of these
provision requires that the Community be regularly                    products also be subjected to a system of supervision ;
informed of the trend of imports of the products in
question originating in Switzerland ; whereas it is,                  HAS ADOPTED THIS REGULATION :
therefore, desirable that imports of these products be
subjected to a system of supervision ;
Whereas this objective may be achieved by means of                                             Article 1
an administrative procedure based on setting off
imports of the products in question against the                       1.     Imports of products originating in Switzerland
indicative ceilings , at Communtiy level as and when                  to which annual indicative ceilings are applied in
these products are submitted to the customs                           accordance with Articles 1 , 2 and 3 and Annex B to
authorities under cover of declarations that they have                Protocol No 1 to the Agreement between the
been made available for consumption ; whereas this                    European Economic Community and the Swiss
administrative procedure must make provision for the                  Confederation shall be subjected to Community
reintroduction of customs tariff duties as soon as the
                                                                      supervision in 1973 .
ceilings have been reached at Community level ;
Whereas this administrative procedure requires close                  The description of the products referred to in the
and particularly rapid cooperation between the                        preceding subparagraph, their tariff headings and
Member States and the Commission and whereas the                      statistic numbers, the levels of the indicative ceilings
latter must, in particular, be able to follow the                     and the dates on which Community supervision shall
progress of amounts set off against the indicative                    begin are given in Annex I.
ceilings and keep, the Member States informed ;
                                                                      2.     Amounts shall be set off against the indicative
                                                                      ceilings as and when products are submitted to the
0 ) OJ No L 300 , 31 . 12 . 1972 , p . 188 .                          customs authorities under cover of a declaration that
 ---pagebreak--- 5.3.73                            Official Journal of the European Communities                           No L 59 /23
they have been made available for consumption and                                   Article 2
accompanied by a movement certificate conforming
to the rules contained in Protocol No 3 to the               During the period from 1 January 1973 until 31
Agreement referred to in paragraph 1 .                       December 1973 , imports of the products referred to
                                                             in Annex II which originate in Switzerland shall be
Goods shall be set off against the indicative ceiling        subjected to Community supervision.
only if the movement certificate has been submitted
before   the  date     on which  customs    duties  are      The Member States shall periodically inform the
reimposed .                                                  Commission of imports of these products ; to this
                                                             end, only products submitted to the customs
                                                             authorities under cover of a declaration that they
The reaching of a ceiling shall be determined at             have been made available for consumption and
Community level on the basis of imports set off              accompanied by a movement certificate conforming
against it in the manner defined in the preceding            to the rules contained in Protocol No 3 to the
subparagraphs.                                               Agreement referred to in Article 1 shall be taken into
                                                             consideration .
The Member States shall periodically inform the
Commission of imports effected in accordance with                                    Article 3
the above rules .
                                                             For the implementation of this Regulation the
3 . As soon as the ceilings have been reached, the           Commission shall take all necessary measures in close
Commission may issue a regulation reimposing the             cooperation with the Member States.
customs duties applicable to third countries for the
whole Community until the end of the calendar year.                                  Article 4
                                                             This Regulation shall enter into force on the day
The new Member States shall simultaneously                   following its publication in the Official Journal of the
reimpose the duties provided for in Article 3 (f) of         European Communities.
Protocol No 1 to the Agreement referred to in
paragraph 1 .                                                This Regulation shall apply from 1 January 1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 22 January 1973 .
                                                                                   For the Council
                                                                                    The President
                                                                                   L. TINDEMANS
 ---pagebreak--- No L 59 /24                         Official Journal of the European Communities                          5.3.73
                                                          ANNEX 1
            LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION
                                                           IN 1973
                 Order          CCT                                                            Level
                                                           Description       Nimexe Code     of ceiling
                  No         heading No                                                   — metric tons —
                  1              2                             3                  4              5
                               73.02        Ferro-alloys :
               I CH 1                       C. Ferro-silicon                73.02-30          6 617
                               76.01        Unwrought aluminium , aluminium
                                            waste and scrap :
               I CH 2                       A. Unwrought                    76.01-11 , 15     9 824
            Dates on which supervision commences :
            — in the Community as originally constituted : 1 April 1973,
            — in the United Kingdom and Demark : 1 January 1973 ,
            — in Ireland : 1 April 1973 .
 ---pagebreak--- 5 . 3 . 73                        Official Journal of the European Communities                             No L 59 /25
                                                      ANNEX U
                            LIST OF PRODUCTS REFERRED TO IN ARTICLE 2
                               Date on which supervision commences : 1 January 1973
        Order    CCT
                                                         Description                                   Nimexe Code
         No   heading No
         1        2                                          3                                                4
                28.04    Hydrogen, rare gases and other non metals :
                         C. Other non-metals
    II CH 1                   ex V. Silicon                                                       28.04-93 , 95
    II CH 2     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 CH 3     44.18    Reconstituted wood, being wood shavings, wood chips, sawdust,            44.18 - all Nos
                         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    Building board of wood pulp or of vegetable fibre, whether or not        48.09 - all Nos
                         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--- No L 59 / 16                    Official Journal of the European Communities                         5.3.73
     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 1 6                   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
 11 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