CELEX: 31973R3469
Language: en
Date: 1973-12-17 00:00:00
Title: Regulation (EEC) No 3469/73 of the Council of 17 December 1973 establishing Community supervision of imports of certain products originating in Austria

27. 12 . 73                              Official Journal of the European Communities                            No L 35.6/29
                               REGULATION (EEC) No 3469/73 OF THE COUNCIL
                                                      of 17 December 1973
                  establishing Community supervision of imports of certain products originating
                                                            in Austria
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, for the products which, in accordance with
                                                                    Articles 2 and 3 of the Agreement, are subject to the
Having regard to the proposal from the Commission ;                 normal timetable for the abolition of customs duties
                                                                    it is necessary to follow the trend of imports ; whereas
Whereas an Agreement ( 1 ) between the European                     to this end the Community should be empowered to
Economic Community and the Republic of Austria                      take, where appropriate, measures to avoid any
was signed on 22 July 1972 ;                                        prejudice to industry in the Community and whereas
                                                                    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
duties in respect of the products to which the                      HAS ADOPTED THIS REGULATION :
Agreement applies ; whereas by way of derogation
from these Articles, Articles 1 , 2 and 3 of Protocol
No 1 annexed to the Agreement lay down that, for                                              Article 1
imports of certain products listed in Annex C 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 Austria to which
applicable to third countries may be reintroduced ;                 annual indicative ceilings are applied in accordance
whereas application of this last provision requires                 with Articles 1 , 2 and 3 and Annex C to Protocol No
that the Community be regularly informed of the                     1 to the Agreement between the European Economic
trend of imports of the products in question                        Community and the Republic of Austria shall be
originating in Austria ; whereas it is, therefore,                  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 subparagraphs, 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 against the indicative
authorities under cover of declarations 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                Goods shall be set off against the indicative ceiling
and particularly rapid cooperation between the                      only if the movement certificate has been submitted
Member States and the Commission and whereas the
                                                                    before    the   date   on  which    customs    duties  are
latter must, in particular, be able to follow the                   reimposed.
progress of amounts set off against the indicative
ceilings and keep the Member States informed ;                      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
 (* OJ No L 300, 31 . 12 . 1972, p . 1 .                            subparagraphs .
 ---pagebreak--- No L 356/30                      Official Journal of the European Communities                            27. 12 . 73
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 declaration that they
the above rules .                                           have been made available for consumption and
                                                             accompanied by a movement certificate conforming
3.   As soon as the ceilings have been reached,    the      to the rules contained in Protocol No 3 to the
Commission may issue a regulation reimposing       the      Agreement referred to in Article 1 shall be taken into
customs duties provided for in Article 3 (f)        of      consideration .
Protocol No 1 to the Agreement until the end of    the
calendar year.                                                                     Article 3
                      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 Austria shall be
subjected to Community supervision .                                               Article 4
 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---   27 . 12. 73                                    Official Journal of the European Communities                                 No L 356/31
                                                                           ANNEX 1
                    LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION
                                                                            IN 1974
                          CCT                                                                                                      Level
      Order No
                       heading No                                    Description                          Nimexe Code            of ceiling
                                                                                                                              — metric tons —
          1                 2                                            3                                     4                     5
                         48.01             Paper and paperboard (including cellulose
                                           wadding), machine-made, in rolls or sheets :
                                               C. Kraft paper and kraft board :
                                                    ex II . Other :
        IA 1                                                  — Excluding kraft liner (a) and      48.01-08, 09, 11 , 12, 13,    14 696
                                                                   kraft paper for large bags (a)        17, 19, 25, 26, 27,
                                                                                                         28, 29, 33
                                          ex E. Other :
       IA2                                          — Bible paper (India paper), copying           48.01-58, 61 , 62, 66         57 735
                                                          tissue ; other printing paper and other
                                                          writing      paper,    not   containing
                                                          mechanical wood pulp or in which
                                                          mechanical wood pulp does not
                                                          represent more than 5 % (a)
       I A 3                                        — Printing paper and writing paper            48.01-64, 68                   51450
                                                          containing mechanical wood pulp (a ),
                                                          excluding copying tissue
       IA4                                         — Other, excluding cellulose wadding,          48.01-41, 43, 45, 52, 53 ,     22 999
                                                          tissues, fluting paper for corrugated         54, 55, 56, 77, 82,
                                                          paperboard (a) and sulphite paper for          84, 86, 88, 91 , 93,
                                                          wrapping purposes ( a)                        95, 97
                         48.07            Paper and paperboard, impregnated, coated,
                                          surface-coloured, surface-decorated or printed
                                          (not being merely ruled, lined or squared and
                                          not constituting printed matter within Chapter
                                          49 ), in rolls or sheets :
                                          B. Other :
       IA5                                     — Coated printing or writing paper                 48.07-57, 58, 59               31493
       IA6                                    — Other                                             48.07-55, 56, 64, 65, 66,      11508
                                                                                                        68, 70, 81, 85, 91 ,
                                                                                                        97, 99
                        48.15             Other paper and paperboard, cut to size or
                                         shape :
       IA7                               B. Other                                                 48.15-10, 21, 29, 30, 40,      16 169
                                                                                                        50, 61 , 65 , 95, 99
                        73.02            Ferro-alloys :
                                         ex G. Other :
       IA8                                         — Ferro-molybdenum                             73.02-81                          254
       IA9                                         — Ferro-vanadium                               73.02-83                          525
( a) Subject to compliance with the definitions in fine .
 ---pagebreak--- No L 356/32                                  Official Journal of the European Communities                          27 . 12 . 73
                                                                                                                      Level
                       CCT                                                                    Nimexe Code
   Order No                                                Description                                              of ceiling
                   heading No                                                                                      metric tons
        1                2                                      3                                    4                  5
                      73.15            Alloy steel and high-carbon steel in the forms
                                       mentioned in : heading Nos 73.06 to 73.14
    I A 10                             A. High carbon steel                             73.61-10, 20, 50, 90           7 007
                                                                                        73.62-10, 30
                                                                                        73.63-10, 21, 29, 50, 72,
                                                                                              74, 79
                                                                                        73.64-20, 50, 72, 75, 79,
                                                                                              90
                                                                                        73.65-21, 23 , 25, 53, 55,
                                                                                              70, 81 , 83
                                                                                        73.66-40, 81 , 86, 89
                                        B. Alloy steel :
     I All                                  — Stainless or refractory (a)               73.71-13, 23, 53, 93         16 209
                                                                                        73.72-13, 33
                                                                                        73.73-13, 23, 33, 43, 53,
                                                                                              83
                                                                                        73.74-23, 53, 83
                                                                                        73.75-23, 33, 43, 53 , 63,
                                                                                              73 , 83 , 93
                                                                                        73.76-13
     I A 12                                 — High-speed (a)                            73.71-14, 24, 54, 94           3 360 (J)
                                                                                        73.73-14, 24, 34, 54
                                                                                        73.74-54
                                                                                        73.75-24, 34, 44, 54, 64,
                                                                                              84
                                                                                        73.76-14
     I A 13                                 — Other                                     73.71-19, 21,29, 55,56,      51 221
                                                                                              59, 99
                                                                                        73.72-11, 19, 39
                                                                                        73.73-19, 25, 26, 29, 35,
                                                                                              36, 39, 49, 55, 59,
                                                                                              72, 74, 89
                                                                                        73.74-21, 29, 51, 52 , 59,
                                                                                              72, 74, 89, 90
                                                                                        73.75-11 , 19, 29, 39, 49,
                                                                                              59, 69, 79, 89, 99
                                                                                        73.76-15, 16, 19
                       76.01            Unwrought aluminium; aluminium waste and
                                        scrap :
      I A 14                            A. Unwrought                                    76.01-11, 15                  30 339
(a) Subject to compliance with the definitions in fine .
(1) Including products covered by the ECSC Treaty.
 ---pagebreak--- 27 . 12 . 73                     Official Journal of the European Communities                                 No L 356/33
                                                     DEFINITIONS
             ex 48.01 C II Kraftliner
                           'Kraftliner' means machine-finished or machine-glazed paper or paperboard, in
                           rolls, containing not less than 80 % of chemical sulphate softwood pulp
                           calculated on total fibre content, -weighing more than 110 g/m2 and having a
                           Mullen burst ratio of not less than 35 .
             ex 48.01 C II Kraft paper for large sacks
                           'Kraft paper for large sacks' means machine-finished paper, in rolls, containing
                           not less than 80 % of chemical sulphate softwood pulp calculated on total
                           fibre content, weighing not less than 60 g/m2 but not more than 115 g/m2,
                           having a Mullen burst ratio of not less than 38, and having a stretch factor of
                           more than 4.5 % in the cross direction and of more than 2 % in the machine
                           direction.
             ex 48.01 E    Other printing paper and other writing paper, not containing mechanical wood
                           pulp or containing not more than 5 % of mechanical wood pulp
                           'Other printing paper and other writing paper, not containing mechanical
                           wood pulp or containing not more than 5 % of mechanical wood pulp' means
                           paper other than machine-glazed, used for printing or writing, which contains
                           not more than 5 % of mechanical wood pulp calculated on total fibre content.
             ex 48.01 E    Printing paper and writing paper, containing mechanical wood pulp
                           'Printing paper and writing paper containing mechanical wood pulp' means,
                           paper other than machine-glazed, used for printing and writing, containing
                           more than 5 % of mechanical wood pulp calculated on total fibre content.
             ex 48.01 E    Fluting paper for corrugated paperboard
                           'Fluting paper for corrugated paperboard' means paper, in rolls, containing not
                           less than 65 % of unbleached semi-chemical hardwood pulp (pulp obtained
                           from wood by light chemical treatment followed by mechanical treatment)
                           calculated on total fibre content and having a CMT ( Concora Medium Test)
                           crush resistance exceeding 20 kp .
             ex 48.01 E    Sulphite paper for wrapping purposes
                           'Sulphite paper for wrapping purposes' means machine-glazed paper,
                            containing more than 40 % of chemical bisulphite wood pulp, calculated on
                           total fibre content, having an ash content of not more than 8 % and having a
                            Mullen burst ratio of not less than 15 .
             ex 73.15 B    Alloy steel, stainless or heat-resisting
                           'Alloy steel, stainless or heat-resisting' means alloy steel, containing, by weight,
                            12 % or more of chromium, with or without other alloy elements, and less
                           than 1 % of carbon .
             ex 73.15 B    High-speed alloy steel
                           'High-speed alloy steel' means alloy steel containing, with or without other
                           alloy elements, at least two of the following three elements : tungsten
                            (wolfram), molybdenum and vanadium with a total content, by weight, of not
                           less than 7 % of these elements taken together, and containing more than
                           0.6 % by weight, of carbon.
 ---pagebreak--- No L 356/34                   Official Journal of the European Communities                                 27 . 12. 73
                                                  ANNEX II
                          LIST OF PRODUCTS REFERRED TO IN ARTICLE 2
                CCT
  Order No                                           . Description                                 Nimexe Code
            heading No
      1          2                                         3                                             4
              28.04    Hydrogen, rare gases and other non-metals :
                       C. Other non-metals :
   II A 1                  ex V. Silicon                                                       28.04-93 , 95
   II A 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 A 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
                       artifical resins or other organic binding substances, in sheets, blocks
                       or the like
   II A 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
              56.01    Man-made fibres ( discontinuous), not carded, combed or otherwise
                       prepared for spinning:
   II A 5              B. Regenerated textile fibres                                           56.01-21, 23, 25, 29
              56.02    Continuous filament tow for the manufacture of man-made fibres :
   II A 6              B. Of regenerated textile fibres                                        56.02-21 , 23 , 25 , 29
   II A 7     68.04    Millstones, grindstones, grinding wheels and the like (including        68.04 - all Nos
                       grinding, sharpening, polishing, trueing and cutting wheels, heads,
                        discs and points), of natural stone ( agglomerated or not), of
                       agglomerated natural or artificial abrasives, or of pottery, with or
                       without cores, shanks, sockets, axles and the like of other materials,
                       but without frameworks; segments and other finished parts of such
                        stones and wheels, of natural stone (agglomerated or not), of
                       agglomerated natural or artificial abrasives, or of pottery
   II A 8      68.06   Natural or artificial abrasive powder or grain, on a base of woven      68.06 - all Nos
                       fabric, of paper, of paperboard or of other materials, whether or not
                       cut to shape or sewn or otherwise made up
   II A 9     68.08    Articles of asphalt or of similar material (for example, of petroleum   68.08 - all Nos
                       bitumen or coal tar pitch)
   II A 10     68.16   Articles of stone or of other mineral substances (including articles of 68.16 - all Nos
                       peat), not elsewhere specified or included
   II A 11    69.02    Refractory bricks, blocks, tiles and similar refractory constructional  69.02 - all Nos
                       goods, other than goods falling within heading No 69.01
   II A 12    74.03    Wrought bars, rods, angles, shapes and sections of copper; copper       74.03 - all Nos
                       wire
   II A 13    74.04    Wrought plates, sheets and strips, of copper, of a thickness (excluding 74.04 - all Nos
                       any backing) exceeding 0.15 mm
 ---pagebreak--- 27. 12 . 73                     Official Journal of the European Communities                         No L 356/35
                 CCT
    Order No                                           Description                                Nimexe Code
             heading No
        1         2                                        3                                            4
    II A 14    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 A 15    74.06    Copper powder and flakes                                              74.06 - all Nos
    II A 16    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 A 17                 II. Other                                                         78.01-12, 13 , 15 , 19
               79.01    Unwrought zinc ; zinc waste and scrap :
    II A 18             A. Unwrought                                                          79.01-11 , 15
    II A 19    81.01    Tungsten (wolfram), unwrought or wrought and articles thereof         81.01 - all Nos
    II A 20    81.02    Molybdenum, unwrought or wrought and articles thereof                 81.02 - all Nos
    II A 21    81.03    Tantalum, unwrought or wrought and articles thereof                   81.03 - all Nos
               81.04    Other base metals, unwrought or wrought, and articles thereof;
                        unwrought or wrought, and articles thereof:
    II A 22              B. Cadmium                                                           81.04-16, 18
                         C. Cobalt :
    II A 23                  II . Other                                                       81.04-23
    II A 24              D. Chromium                                                          81.04-26, 28
     II A 25              E. Germanium                                                        81.04-31, 39
    II A 26               F. Hafnium ( celtium)                                               81.04-36, 38
     II A 27             G. Manganese                                                         81.04-41 , 43
  . II A 28              H. Niobium (columbium)                                               81.04-46, 48
                                                                                           /
    II A 29              IJ. Antimony                                                         81.04-51, 53
     II A 30             K. Titanium                                                          81.04-56, 58
     II A 31              L. Vanadium                                                         81.04-61 , 63
    II A 32             M. Uranium depleted in U 235                                          81.04-69
     II A 33             O. Zirconium                                                         81.04-81 , 83
     II A 34              P. Rhenium                                                          81.04-91 , 93
     II A 35             Q. Gallium ; indium ; thallium                                       81.04-94, 95
    II A 36              R. Cermets                                                           81.04-97, 98
                85.24   Carbon      brushes,  arc-lamp   carbons,    battery carbons, carbon
                        electrodes and other carbon articles of a kind used for electrical
                        purposes :
    II A 37             A. Electrodes for electrolysis installations                          85.24-10