CELEX: 41986D0049
Language: en
Date: 1986-03-03 00:00:00
Title: 86/49/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 African, Caribbean and Pacific States (ACP States) on the other in products falling within the ECSC Treaty

5 . 3 . 86                                 Official Journal of the European Communities                                  No L 63 / 185
                   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
                    African, Caribbean and Pacific States (ACP States) on the other in products falling within the
                                                             ECSC Treaty
                                                           ( 86 / 49 / ECSC )
THE REPRESENTATIVES OF THE GOVERNMENTS OF THE                            Whereas the validity of the special provisions applying to
MEMBER STATES OF THE EUROPEAN COAL AND STEEL                             Spain and Portugal should therefore be extended beyond the
COMMUNITY , MEETING WITHIN THE COUNCIL ,                                 expiry of the abovementioned Regulation, pending the
                                                                         conclusion of the negotiations under way with the ACP States
                                                                         for a protocol adapting the Third ACP-EEC Convention and
Whereas the Member States have concluded the Treaty                      laying down transitional measures to take account of the
establishing the European Coal and Steel Community;                      accession of Spain and Portugal ;
Whereas the Community and the ACP States opened                          Whereas the Canary Islands , Ceuta and Melilla are not part
negotiations on 10 December 1985 for the conclusion of a                 of the customs territory of the Community and , in principle ,
protocol to adapt the Third ACP-EEC Convention to take                   unilateral or contractual acts of Community institutions
account of the accession of Spain and Portugal to the                    concerning the common commercial policy and relating
European Communities ;                                                   directly to the import or export of goods do not apply to
                                                                         those territories ;
Whereas Articles 1 80 ( 1 ) and 367 of the Act of Accession of           Whereas Article 7 of Protocol No 2 to the Act of Accession
Spain and Portugal provide that if such a protocol has not               concerning the Canary Islands , Ceuta and Melilla provides ,
been concluded by 1 January 1986 the Community shall take                however, that customs duties , charges having equivalent
the necessary measures to remedy the situation ;                         effect and trade arrangements applying to imports into the
                                                                         Canary Islands , Ceuta and Melilla of goods coming from a
                                                                         third country may not be less favourable than those applied
Whereas the Third ACP-EEC Convention has not yet entered                 by the Community in accordance with its international
into force ;                                                             commitments or preferential arrangements vis-a-vis such
                                                                         country , provided the country in question accords imports
                                                                         from the Canary Islands , Ceuta and Melilla the same
Whereas Council Regulation ( EEC) No 485 / 85 of 26                      treatment as it accords those from the Community ;
February 1985 concerning the application of Decision No
2 / 85 of the ACP-EEC Council of Ministers on transitional               Whereas provisions should therefore be adopted for
measures valid from 1 March 1985 (*), as extended by                     implementation of the trade arrangements applicable to
Council Regulation ( EEC ) No 690 / 86 ( 2 ), lays down                  imports into the Canary Islands , Ceuta and Melilla of
transitional measures to apply pending the entry into force of           products originating in the ACP States ,
the Third ACP-EEC Convention ;
                                                                         In agreement with the Commission ,
Whereas the said transitional measures apply as between the
ACP States and the enlarged Community;
                                                                         HAVE DECIDED AS FOLLOWS :
Whereas it is therefore necessary to lay down special
provisions for the implementation by the Kingdom of Spain
and the Portuguese Republic of the trade arrangements                                               Article 1
established by the above Regulation ;
                                                                         From 1 March 1986 until the entry into force of the protocol
                                                                         referred to in Articles 179 and 366 of the Act of Accession or
Whereas the Third Convention is shortly due to enter into                until 31 December 1986 , whichever is the earlier , the
force and provides for trade arrangements identical to those             Kingdom of Spain and the Republic of Portugal shall apply to
established by the abovementioned Regulations ;                          imports originating in the ACP States of products falling
                                                                         within the ECSC Treaty the same arrangements as are
(^ OJ No L 61 , 1 . 3 . 1985 , p. 1 .                                    applied by the other Member States , having regard to the
(2 ) See page 1 of this Official Journal .                                special provisions set out in the Annex .
 ---pagebreak--- No L 63 / 186                            Official Journal of the European Communities                                      5 . 3 . 86
                          Article 2                                 It shall take effect on the day of its publication and apply as
                                                                    from 1 March 1986 .
Member States shall take the measures necessary to
implement this Decision .
                                                                    Done at Brussels , 3 March 1986 .
                          Article 3
                                                                                                             The President
This Decision shall be published in the Official Journal of the
European Communities .                                                                                    W. F. van EEKELEN
 ---pagebreak--- 5 . 3 . 86                               Official Journal of the European Communities                                No L 63 / 187
                                                             ANNEX
                  Special provisions for imports into Spain and Portugal of products falling within the ECSC
                           Treaty and originating in the African, Caribbean and Pacific (ACP States )
                          CHAPTER I                                 will be the duty actually applied by the Kingdom of Spain
                                                                    vis-ci-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 products falling within the ECSC Treaty and originating in       timetable laid down , it shall also suspend or reduce by the
the African , Caribbean and Pacific (ACP ) States the same          same percentage the customs duties applying to like products
customs duties as it applies to like products from the              originating in the ACP States .
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 ACP States accord imports coming from the
— on 1 March 1986 each duty shall be reduced to 90% of              Canary Islands , Ceuta and Melilla the same treatment as they
     the basic duty ,                                               accord 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 ACP States in accordance with
     of the basic duty,                                                 the 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 ,                                                   ACP States .
— 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 .
3.      For the purposes of applying the duties calculated in                                   Article 5
accordance with paragraph 2 they shall be rounded down to
one decimal place .                                                 1.     As from 1 March 1986 the Portuguese Republic shall
                                                                    abolish customs duties on imports originating in the ACP
                                                                    States of products falling within the ECSC Treaty .
                            Article 2
                                                                    2.      By way of derogation from paragraph 1 , the
                                                                    Portuguese Republic shall dismantle customs duties on
The basic duty for each product , at which the successive           imports of the following products in accordance with the
reductions provided for in Article 1 ( 2 ) shall be applied ,       timetable set out below :
 ---pagebreak--- No L 63 / 188                                 Official Journal of the European Communities                                        5 . 3 . 86
                                                                                                    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-ci-vis the ACP States 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
                                                                         Portuguese Republic shall dismantle customs duties on
                   extruded :
                                                                         products falling within subheading ex 73.12 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 (ECSC)
                                                                         Should the Portuguese Republic suspend customs duties on
    73.13     Sheets and plates , of iron or steel , hot-rolled or       imports from the Community as constituted on 31 December
              cold-rolled :
                                                                         1985 or reduce them more rapidly than envisaged in the
              B. Other sheets and plates :                               timetable laid down in Article 5 ( 2 ), it shall also suspend or
                   IV . Clad , coated or          otherwise   surface­   reduce by the same percentage the customs duties applying to
                        treated :                                        like products originating in the ACP States .
                        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
                                                                         Republic to trade with the ACP States shall be dismantled in
— on 1 March 1986 each duty shall be reduced to 90 % of                  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 valorem 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 .