CELEX: 51987PC0608
Language: en
Date: 1987-12-08
Title: Draft DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL establishing the arrangements to be applied to imports into Spain and Portugal of products covered by the ECSC Treaty originating in Austria, Finland, Norway, Sweden or Switzerland and covered by the Agreements between the Community and those countries (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 608
Vol. 1987/0291
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(87 ) 608 final
                                             Brussels , 8 December 1987
                                     Draft
  DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
                         MEETING WITHIN THE COUNCIL
          establishing the arrangements to be applied to imports
            into Spain and Portugal of products covered by the
       ECSC Treaty originating in Austria , Finland , Norway , Sweden
               or Switzerland and covered by the Agreements
                 between the Community and those countries
                       ( submitted by the Commission )
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  COM (87) 608 final
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 ---pagebreak---                                - % -
                           INTRODUCTION
Articles 180 and 367 of the Act of Accession of Spain and Portugal
stipulate that the Community shall take the necessary measures
if additional protocols to the Free Trade Agreements between
the Member States of the ECSC and the ECSC , on the one hand ,
and the EFTA countries , on the other , have not been concluded
before accession .
These protocols have been signed on 14 July 1986 , but ratification
procedures have not been completed by all contracting parties
during the course of this year .
Pending the completion of these procedures , it is necessary
to implement on a unilateral basis the obligations resulting
for 1988 to 1993 from these protocols . The EFTA countries have
already ratified these protocols .
These obligations concern reductions in custom duties on imports
in Spain and Portugual , and the   reduction and abolishment of
Portuguese charges on the imports of certain goods .
This   draft does not concern Iceland , because the agreement
with this country , which does not produce the products in question ,
does  not entail tariff measures .
The Commission asks the representatives of the Member States
of the ECSC , meeting within the Council to take the attached
draft decision as early as possible . This is in view of the
fact that - in accordance with articles 31 , paragraph 1 ,
190 paragraph 1 and 194 a ) of the Act of Accession - Spain
anc. Po'tugal shall apply to the Community the same tariff reductions
which have been stipulated , in the additional protocols in
regard to the EFTA countries .
 ---pagebreak---                                   - s -
                                  Draft
DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER
                  STATES , MEETING WITHIN THE COUNCIL
                                  of
establishing the arrangements to be applied to imports into
Spain and Portugal of products covered by the ECSC Treaty originating
in Austria , Finland , Norway , Sweden or Switzerland and covered
 by the agreements between the Community and those countries
THE   REPRESENTATIVES   OF  THE GOVERNMENTS OF THE MEMBER STATES
OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE
COUNCIL ,
Whereas the Member States have concluded the Treaty establishing
the European Coal and Steel Community ;
Whereas on 1 January 1986 Spain and Portugal acceded to that
Community ;
Whereas the Additional Protocols to the Agreements concluded
between the Member States of the European Coal and Steel Community
and that Community , on the one hand , and the Republic of Austria ,
the Republic of Finland , the Kingdom of Norway and the Kingdom
of Sweden , on the other , and also the Additional Protocols
to the Agreements concluded between the Member States of the
said Community , on the one hand , and the Swiss Confederation
and the Republic of Iceland , on the other , must be approved
by each Contracting Party in accordance with its own procedures ;
Whereas the procedures for ratifying the said Additional Protocols
have not yet been completed and it is necessary concomitantly
to implement on a unilateral basis the obligations resulting
for 1988 to 1993 from those Protocols , as regards customs duties
on . imports ; whereas , however , such obligations do not exist
as far as Iceland is concerned ;
 ---pagebreak--- In agreement with the Commission
HAVE   DECIDED AS     FOLLOWS :
                                    Article   1
1 . For       products       covered by the       ECSC
 Treaty      originating in Austria ,           Finland , Norway ,    Sweden and
Switzerland    ( hereinafter        referred to as the EFTA countries ),
customs duties on        imports     into  Spain ,   including the Canary
Islands   and Ceuta and Me li l la,     shall be progressively abolished
in accordance with          the following timetable :
- on 1 January 1988 , each duty shall be reduced to 62.5% of the basic duty
- on 1 January 1989 ,     "                       "     " 47.5%   "   M    11   11
                                                                      ft   If
- on 1 January 1990 ,     "                       "     " 35.0%   "             II
- on 1 January 1991 ,     "                       "     " 22.5%   "   If   If
                                                                      Il   II   II
- on 1 January 1992 ,     "                       "     " 10.0%   "
The last reduction of 10% shall be made on 1 January 1993 .
2.  Customs duties on           imports  into Portugal     shall    be progressively
abolished according to the following timetable :
- on 1 January 1988 , each duty shall be reduced to 65% of the basic duty
- on 1 January 1989 ,     "       "    "    "     "     " 50%   .             "
- on 1 January 1990 ,     "       "    "    "     "     " 40%   "   "    "    "
- on 1 January 1991 ,     "       "    "    "     "     " 30%   "   "    "    "
The other two reductions of 15% each shall be made on 1 January 1992
and 1 January 1993
 ---pagebreak--- 3 . The basic duties shall be the duties actually applied on
1 January 1985 , except for imports into Portugal of sheets ,
clad , coated or otherwise surface-treated , falling within sub ¬
headings ex 7210 70 19 and 7212 40 91 of the Combined Nomenclature,
for which the basic duty shall be 20% .
4 . However , if after 1 January 1985 and before 1 January 1986
a tariff reduction was applied , such reduced duty shall be
considered as the basic duty .
5.   If , during the period 1988 to 1992, Spain or Portugal suspends in whole
or in part the customs duties applicable to products imported
from the Community as constituted on 31 December 1985 , it shall
also suspend or reduce , by the same percentage , the duties
applicable to products         originating in the EFTA countries .
                                   Article     2
1 . Products covered by the Agreement and originating in the
EFTA countries , when imported into the Canary I s l a n d s or into Ceuta
and Melilla , shall enjoy in all respects the same customs regime
as that which is applied to products originating in the customs
territory of the Community , including the " arbitrio insular "
charge applied in the Canary Islands .
 2 . The EFTA countries shall grant to imports of products covered
by the Agreement and originating in the Canary Islands and in Ceuta
and Melilla the same customs regime as that which is granted
to products imported from and originating in Spain .
                                     Arti c le 3
1 . If Spain opens to third countries tariff quotas actually
applied on 1 January 1985 , products originating in the EFTA
 ---pagebreak---                                - i-
countries shall be subject to the same treatment as products
imported from the Community as constituted on 31 December 1985 ,
whilst such quotas remain open .
2 . If tariff quotas are not opened , Spain shall apply to products
imported from and originating in the EFTA countries the duties
applied in the event of such quotas being opened . The quantities
or value subject to those duties shall be limited to the amounts
actually imported from those  countries under the same quotas
opened on 1 January 1985 .
                             Article  4
1 . The ad valorem charge of 0.2% applied by Portugal to goods
imported temporarily , reimported goods ( excluding containers )
and goods imported under the inward processing arrangements ,
characterized by the rebate of duties levied on the import
of goods used after export of the products obtained (" drawback ")
shall be abolished on 1 January 1988 .
2 . The ad valorem charge of 0.9% applied by Portugal to goods
imported for home use shall be reduced to 0.6% on 1 January 1989 ,
reduced on 0.3% on 1 January 1990 and abolished on 1 January 1991 .
                              Article   5
Any amendments to the origin rules made necessary by the accession
of Spain and Portugal and made by the Joint Comm i 1 1 ee s provided
for in the Agreements between the Community and the EFTA countries
shall apply to the products referred to in this Decision .
 ---pagebreak---                              Article 6
This Decision shall apply until the entry into force of the
Additional Protocols to the Agreements between the Member States
of the European Coal and Steel Community and that Community ,
on the one hand , and the EFTA countries , on the other , and
at the latest until 1 January 1993 .
                             Article 7
The Member States shall take the measures necessary to implement
this Decision .
Done at Brussels ,
                                            The President