CELEX: 41986D0050
Language: en
Date: 1986-03-03 00:00:00
Title: 86/50/ECSC: Decision of the representatives of the governments of the Member States, meeting within the Council, of 3 March 1986 establishing arrangements for trade between Spain and Portugal on the one hand and the overseas countries and territories (OCT) on the other in products falling within the ECSC Treaty

5 . 3 . 86                               Official Journal of the European Communities                                       No L 63 / 189
                    DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
                                    MEMBER STATES, MEETING WITHIN THE COUNCIL
                                                         of 3 March 1986
                    establishing arrangements for trade between Spain and Portugal on the one hand and the
                    overseas countries and territories (OCT) on the other in products falling within the ECSC
                                                                Treaty
                                                          ( 86 / 50 / ECSC )
THE REPRESENTATIVES OF THE GOVERNMENTS OF THE                           Whereas provisions should therefore be adopted for
MEMBER STATES OF THE EUROPEAN COAL AND STEEL
                                                                        implementation of the trade arrangements applicable to
COMMUNITY , MEETING WITHIN THE COUNCIL ,                                imports into the Canary Islands , Ceuta and Melilla of
                                                                        products originating in the OCT ,
Whereas the Member States have concluded the Treaty                     In agreement with the Commission ,
establishing the European Coal and Steel Community;
                                                                        HAVE DECIDED AS FOLLOWS :
                                                                                                      Article 1
Whereas the Act of Accession of Spain and Portugal provides
for adjustments and transitional measures to apply to trade             From 1 March 1986 to 31 December 1986 the arrangements
between the said Member States on the one hand and certain              applicable to trade between Spain and Portugal on the one
third countries on the other;                                           hand and the OCT on the other shall be those established by
                                                                        Decision 80 / 11 87 / ECSC of the Representatives of the
                                                                        Governments of the Member States , meeting within the
Whereas , as far as the overseas countries and territories
                                                                        Council , of 16 December 1980 , on the opening of tariff
( OCT) are concerned , for the time being such measures                 preferences for products falling within the ECSC Treaty and
                                                                        originating in the overseas countries and territories
should be applicable only until 31 December 1986 , taking
account of the arrangements in force for the ACP States ;               associated with the Community (*), as last extended by
                                                                        Decision 86 / 48 / ECSC ( 2 ), and within the Annex to this
                                                                        Decision .
Whereas the Canary Islands , Ceuta and Melilla are not part
                                                                                                      Article 2
of the customs territory of the Community and , in principle ,
unilateral or contractual acts of Community institutions                Member States shall take the measures necessary to
concerning the common commercial policy and relating                    implement this Decision .
directly to the import or export of goods do not apply to
those territories ;
                                                                                                     Article 3
                                                                        This Decision shall be published in the Official Journal of the
Whereas Article 7 of Protocol No 2 to the Act of Accession              European Communities .
concerning the Canary Islands , Ceuta and Melilla provides ,
however , that customs duties , charges having equivalent               It shall take effect on the day of its publication and apply as
effect and trade arrangements applying to imports into the              from 1 March 1986 .
Canary Islands , Ceuta and Melilla of goods coming from a
third country may not be less favourable than those applied
                                                                        Done at Brussels , 3 March 1986 .
by the Community in accordance with its international
commitments or preferential arrangements vis-a-vis such                                                             For the Council
country , provided the country in question accords imports
                                                                                                                     The President
from the Canary Islands , Ceuta and Melilla the same
treatment as it accords those from the Community ;                                                              W. F. van EEKELEN
                                                                       (M OJ No L 361 , 31 . 12 . 1980 , p. 111 .
                                                                       ( 2 ) See page 184 of this Official Journal .
 ---pagebreak--- No L 63 / 190                            Official Journal of the European Communities                                      5 . 3 . 86
                                                             ANNEX
                  Special provisions for implementation of Decision 80 / 1187 / ECSC to take account of the
                                                 accession of Spain and Portugal
                          CHAPTER I                                 will be the duty actually applied by the Kingdom of Spain
                                                                    vis-ti-vis the Community on 1 January 1985 .
SPECIAL PROVISIONS APPLICABLE TO THE KINGDOM OF
                            SPAIN
                                                                                                Article 3
                           Article 1
                                                                    Should the Kingdom of Spain suspend or reduce customs
                                                                    duties on imports from the Community as constituted on
1.     From 1 March 1986 the Kingdom of Spain shall apply           31 December 1985 more rapidly than envisaged under the
to imports originating in the overseas countries and                timetable laid down , it shall also suspend or reduce by the
territories ( OCT ) of products covered by Decision                 same percentage the customs duties applying to like products
80 / 1187 / ECSC the same customs duties on imports as it           originating in the OCT .
applies to like products from the Community as constituted
on 31 December 1985 .
2.     The Kingdom of Spain shall dismantle customs duties                                      Article 4
on imports of the products referred to in paragraph 1 in
accordance with the following timetable :
                                                                    Provided the OCT accord imports coming from the Canary
— on 1 March 1986 each duty shall be reduced to 90% of              Islands , Ceuta and Melilla the same treatment as they accord
    the basic duty ,                                                imports from the Community :
— on 1 January 1987 each duty shall be reduced to 77,5 %            — customs duties existing in those territories and the charge
    of the basic duty ,                                                 known as the 'arbitrio insular — tarifa general' existing in
                                                                        the Canary Islands shall be dismantled in respect of
— on 1 January 1988 each duty shall be reduced to 62,5 %                products originating in the OCT in accordance with the
    of the basic duty ,                                                 timetable and arrangements laid down in Articles 1 , 2
                                                                        and 3 ,
— on 1 January 1989 each duty shall be reduced to 47,5 %
    of the basic duty ,                                             — the charge known as the 'arbitrio insular — tarifa
                                                                        especial' existing in the Canary Islands shall be abolished
— on 1 January 1990 each duty shall be reduced to 35 % of               on 1 March 1986 in respect of products originating in the
    the basic duty ,                                                    OCT .
— on 1 January 1991 each duty shall be reduced to 22,5 %
    of the basic duty,
— on 1 January 1992 each duty shall be reduced to 10 % of                                      CHAPTER II
    the basic duty .
                                                                         SPECIAL PROVISIONS APPLICABLE TO PORTUGAL
The final 10% reduction shall be made on 1 January
1993 .
                                                                                                Article 5
3.     For the purposes of applying the duties calculated in
accordance with paragraph 2 they shall be rounded down to
one decimal place .                                                 1.      The Portugese Republic shall abolish customs duties
                                                                    on imports of products covered by Decision 80 / 11 87 / ECSC
                                                                    and originating in the OCT as from 1 March 1986 .
                           Article 2
                                                                    2.      By way of derogation from paragraph 1 the Portuguese
                                                                    Republic shall dismantle customs duties on imports of the
The basic duty for each product , at which the successive           following products in accordance with the timetable set out
reductions provided for in Article 1 ( 2 ) shall be applied ,       below :
 ---pagebreak--- 5 . 3 . 86                                      Official Journal of the European Communities                                  No L 63 / 191
                                                                                                       Article 6
       CCT
     heading                            Description
        No
                                                                           1.     The basic duty for each product, to which the
                                                                           successive reductions provided for in Article 5 ( 2) shall be
      73.10     Bars and rods (including wire rod), of iron or steel ,     applied , will be the duty actually applied by the Portuguese
                hot-rolled , forged , extruded, cold-formed or             Republic vis-d-vis the OCT on 1 January 1985 .
                cold-finished ( including precision-made ); hollow
                mining drill steel :
                                                                           2.     By way of derogation from paragraph 1 , the
                A. Not      further    worked     than  hot-rolled   or
                    extruded :
                                                                           Portuguese Republic shall dismantle customs duties on
                                                                           products falling within subheading ex 73.13 B IV d ) of the
                     I. Wire rod (ECSC)                                    Common Customs Tariff starting from a basic duty of 20 % ,
      73.11     Angles , shapes and sections , of iron or steel ,          provided the said duties are higher than the duties referred to
                hot-rolled, forged , cold-formed or cold-finished,         in paragraph 1 .
                sheet piling of iron or steel , whether or not drilled,
                punched or made from assembled elements:
                A. Angles, shapes and sections:
                                                                                                       Article 7
                    I. Not further worked than hot-rolled or
                        extruded (ECSCJ
                                                                           Should the Portuguese Republic suspend or reduce customs
      73.13     Sheets and plates, of iron or steel , hot-rolled or        duties on imports from the Community as constituted on 31
                cold-rolled :
                                                                           December 1985 more rapidly than envisaged in the timetable
                B. Other sheets and plates :                               laid down in Article 5 ( 2 ), it shall also suspend or reduce by
                    IV. Clad , coated or otherwise             surface­    the same percentage the customs duties applying to like
                          treated :                                        products originating in the OCT .
                          ex d) Other (for example, copper-plated,
                                  artificially oxidized , lacquered,
                                 nickel-plated, varnished, clad ,
                                 parkerised, printed) (ECSC):                                          Article 8
                                  — coated with polyvinyl chloride
                                                                           1.     The following charges applied by the Portuguese
— on 1 March 1986 each duty shall be reduced to 90% of
                                                                           Republic to trade with the OCT shall be dismantled in
                                                                           accordance with the timetable indicated :
     the basic duty ,
— on 1 January 1987 each duty shall be reduced to 80 % of                  ( a ) The 0,4% ad valroem charge applied :
     the basic duty ,                                                            — to goods imported temporarily ,
— on 1 January 1988 each duty shall be reduced to 65 % of                        — to reimported goods ( other than containers ),
     the basic duty ,                                                            — to goods imported under inward processing
— on 1 January 1989 each duty shall be reduced to 50 % of                            arrangements allowing drawback of duties paid on
     the basic duty ,
                                                                                     the import goods following export of the products
                                                                                     obtained,
— on 1 January 1990 each duty shall be reduced to 40 % of                        shall be :
     the basic duty ,
                                                                                 — reduced to 0,2% on 1 January 1987 , and
— on 1 January 1991 each duty shall be reduced to 30 % of                        — abolished on 1 January 1988 .
     the basic duty,
— the final two 15 % reductions shall be made on 1 January                 (b ) The 0,9 % ad valorem charge applied to goods imported
                                                                                 for home use shall be :
     1992 and 1 January 1993 .
                                                                                 — reduced to 0,6% on 1 January 1989 ,
3 . For the purpose of applying the duties calculated in                         — reduced to 0,3% on 1 Janaury 1990 , and
accordance with paragraph 2 they shall be rounded down to
one decimal place .                                                              — abolished on 1 January 1991 .