CELEX: 31973R3475
Language: en
Date: 1973-12-17 00:00:00
Title: Regulation (EEC) No 3475/73 of the Council of 17 December 1973 establishing Community supervision of imports of certain products originating in Switzerland

No L 356/66                            Official Journal of the European Communities                               27. 12 . 73
                               REGULATION (EEC) No 3475/73 OF THE COUNCIL
                                                    of 17 December 1973
                    establishing Community supervision of imports of certain products originating
                                                        in Switzerland
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          the Commission must be able to take adequate
                                                                  measures      to   reintroduce    customs   tariff  duties
                                                                  whenever one of the ceilings has been reached.
Having regard to the Treaty establishing the
European Economic Community, and in particular                    Whereas, for the products which, in accordance with
Article 113 thereof;                                              Articles 2 and 3 of the Agreement, are subject to the
                                                                  normal timetable for the abolition of customs duties
Having regard to the proposal from the Commission ;                it is necessary to follow the trend of imports; whereas
                                                                  to this end the Community should be empowered to
Whereas an Agreement (*) between the European                     take, where appropriate, measures to avoid any
Economic Community and the Swiss Confederation                    prejudice to industry in the Community and whereas
was signed on 22 July 1972 ;                                       it is, therefore, desirable that imports of these
                                                                  products also be subjected to a system of supervision,
Whereas Articles 2 and 3 of that Agreement make
provision for the progressive abolition of customs                 HAS ADOPTED THIS REGULATION :
duties in respect of the products to which the
Agreement applies; whereas by way of derogation
from these Articles, Articles 1 , 2 and 3 of Protocol                                       Article 1
No 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 1974 to 31 December 1974,
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 to
that the Community be regularly informed of the                    Protocol No 1 to the Agreement between the
trend of imports of the products in question                       European Economic Community and the Swiss
originating in Switzerland; whereas it is, therefore,              Confederation shall be subjected to Community
desirable that imports of these products be subjected              supervision.
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
these products       are    submitted      to  the  customs        2.     Amounts shall be set off againsl the indicative
authorities under cover of declaration that they have              ceilings as and when products are submitted to the
been made available for consumption; whereas this                  customs authorities under cover of a declaration that
administrative procedure must make provision for the               they have been made available for consumption and
reintroduction of customs tariff duties as soon as the             accompanied by a movement certificate conforming
ceilings have been reached at Community level;                     to the rules contained in Protocol No 3 to the
                                                                   Agreement referred to in paragraph 1 .
Whereas this administrative procedure requires close
and particularly rapid cooperation between the                     Goods shall be set off against the indicative ceiling
Member States and the Commission and whereas the                   only if the movement certificate has been submitted
latter must, in particular, be able to follow the                  before    the   date  on   which    customs   duties    are
progress of amounts set off against the indicative                 reimposed.
ceilings and keep the Member States informed;
whereas this cooperation must be all the closer since              The reaching of a ceiling shall be determined at
                                                                    Community level on the basis of imports set off
                                                                   against it in the manner defined in the preceding
 i1 ) OJ No L 300, 31 . 12. 1972, p. 188 .                         subparagraphs.
 ---pagebreak--- 27. 12 . 73                       Official Journal of the European Communities                         No L 356/67
The Member States shall periodically inform the              end, only products submitted to the customs
Commission of imports effected in accordance with            authorities under cover of a delcaration that they
the above rules.                                             have been made available for consumption and
                                                             accompanied by a movement certificate conforming
                                                             to the rules contained in Protocol No 3 to the
3 . As soon as the ceilings have been reached,     the       Agreement referred to in Article 1 shall be taken into
Commission may issue a regulation imposing         the       consideration.
customs duties provided for in Article 3 (f)        of
Protocol No 1 to the Agreement until the end of    the                               Article 3
calendar year.
                      Article 2                              For the implementation of this Regulation the
                                                             Commission shall take all necessary measures in close
During the period from 1 January 1974 until 31               cooperation with the Member States .
December 1974, imports of the products referred to
in Annex II which originate in Switzerland shall be                                  Article 4
subjected to Community supervision.
The Member States shall periodically inform the              This Regulation shall enter into force on 1 January
Commission of imports of these products ; to this            1974.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 17 December 1973 .
                                                                                 For the Council
                                                                                   The President
                                                                                  I. N0RGAARD
 ---pagebreak--- No L 356/68                  Official Journal of the European Communities               27. 12 . 73
                                                ANNEX I
            LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION
                                                 IN 1974
                                                                                          Level
  Order No       CCT
              heading No                         Description              Nimexe Code   of ceiling
                                                                                        metric tons
      1           2                                  3                         4             5
                73.02    Ferro-alloys :
  I CHI                  C. Ferro-silicon                                 73.02-30         9 240
                76.01    Unwrought aluminium, aluminium waste and scrap :
   I CH 2                A. Unwrought                                     76.01-11 , 15  12 277
 ---pagebreak--- 27 . 12 . 73                     Official Journal of the European Communities                            No L 356/ 69
                                                    ANNEX 11
                           LIST OF PRODUCTS REFERRED TO IN ARTICLE 2
                 CCT
    Order No                                             Description                                  Nimexe Code
             heading No
       1          2                                                                                         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   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
  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
 ---pagebreak--- No L 356 /70                   Official Journal of the European Communities                         27 . 12 . 73
                CCT
  Order No                                            Description                           Nimexe Code
             heading No
     1           2                                        3                                       4
               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