CELEX: 31973R0417
Language: en
Date: 1973-01-22 00:00:00
Title: Regulation (EEC) No 417/73 of the Council of 22 January 1973 establishing Community supervision of imports of certain products originating in Austria

5 . 3 . 73                               Official Journal of the European Communities                             No L 59/ 1
                                                                 I
                                              (Acts whose publication is obligatory)
                                 REGULATION (EEC) No 417/73 OF THE COUNCIL
                                                       of 22 January 1973
                  establishing Community supervision of imports of certain products originating
                                                            in Austria
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                           reintroduction of customs tariff duties as soon as the
                                                                    ceilings have been reached at Community level ;
Having regard to the Treaty establishing the
European Economic Community, and in particular                      Whereas this administrative procedure requires close
Article 113 thereof;                                                and particularly rapid cooperation between the
                                                                    Member States and the Commission and whereas the
Having regard to the proposal from the Commission ;                 latter must, in particular, be able to follow the
                                                                    progress of amounts set off against the indicative
                                                                    ceilings and keep the Member States informed ;
Whereas an Agreement (*) between the European                       whereas this cooperation must be all the closer since
Economic Community and the Republic of Austria                      the Commission must be able to take adequate
was signed on 22 July 1972 ;                                        measures      to   reintroduce    customs  tariff  duties
                                                                    whenever one of the ceilings has been reached ;
Whereas Articles 2 and 3 of that Agreement make
provision for the progressive abolition of customs                  Whereas, for the products which, in accordance with
duties in respect of the products to which the                      Articles 2 and 3 of the Agreement, are subject to the
Agreement applies ; whereas by way of derogation                    normal timetable for the abolition of customs duties
from these Articles, Articles 1 , 2 and 3 of Protocol                it is necessary to follow the trend of imports ; whereas
No 1 annexed to the Agreement lay down that, for                    to this end the Community should be empowered to
imports of certain products listed in Annex C to that               take, where appropriate, measures to avoid any
Protocol, the reduction of duties shall be limited in               prejudice to industry in the Community and whereas
1973 to indicative ceilings above which the customs                 it is, therefore, desirable that imports of these
duties applicable to third countries may be                         products also be subjected to a system of supervision ;
reintroduced ; whereas application of this last
provision requires that the Community be regularly
informed of the trend of imports of the products in
                                                                     HAS ADOPTED THIS REGULATION :
question originating in Austria ; whereas it is,
therefore, desirable that imports of these products be
subjected to a system of supervision ;
                                                                                              Article 1
Whereas this objective may be achieved by means of
an administrative procedure based on setting off                     1.     Imports of products originating in Austria to
imports of the products in question against the                     which annual indicative ceilings are applied in
indicative ceilings at Community level, as and when                  accordance with Articles 1 , 2 and 3 and Annex C to
these products are submitted to the customs                          Protocol No 1 to the Agreement between the
authorities under cover of declarations that they have              European Economic Community and the Republic of
been made available for consumption ; whereas this                  Austria shall be subjected to Community supervision
administrative procedure must make provision for the                in 1973 .
                                                                    The description of the products referred to in the
i1 ) OJ No L 300, 31 . 12 . 1972, p. 1 .                            preceding subparagraph, their tariff headings and
 ---pagebreak--- No L 59/2                          Official Journal of the European Communities                                 5 . 3 . 73
statistic numbers, the levels of the indicative ceilings      Protocol No 1 to the Agreement referred to in
 and the dates on which Community supervision shall           paragraph 1 .
begin are given in Annex I.
                                                                                       Article 2
2. Amounts shall be set off against the indicative
ceilings as and when products are submitted to the
customs authorities under cover of a declaration that         During the period from 1 January 1973 until 31
they have been made available for consumption and             December 1973 , imports of the products referred to
accompanied by a movement certificate conforming              in Annex II which originate in Austria shall be
to the rules contained in Protocol No 3 to the                subjected to Community supervision .
Agreement referred to in paragraph 1 .
                                                              The Member States shall periodically inform the
                                                              Commission of imports of these products, to this end,
Goods shall be set off against the indicative ceiling         only products submitted to the customs authorities
only if the movement certificate has been submitted           under cover of a declaration that they have been
before the    date    on which    customs    duties  are
                                                              made available for consumption and accompanied by
reimposed.                                                    a movement certificate conforming to the rules
                                                              contained in Protocol No 3 to the Agreement referred
The reaching of a ceiling shall be determined at              to in Article 1 shall be taken into consideration .
Community level on the basis of imports set off
against it in the manner defined in the preceding
subparagraphs.                                                                         Article 3
The Member States shall periodically inform the               For the implementation of this Regulation the
Commission of imports effected in accordance with             Commission shall take all necessary measures in close
the above rules .                                             cooperation with the Member States.
3 . As soon as the ceilings have been reached, the                                     Article 4
Commission may issue a regulation reimposing the
customs duties applicable to third countries for the          This Regulation shall enter into force on the day
whole Community until the end of the calendar year.           following its publication in the Official Journal of the
                                                              European Communities.
The new Member States shall simultaneously
reimpose the duties provided for in Article 3 (f) of          This Regulation shall apply from 1 January 1973 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 22 January 1973 .
                                                                                     For the Council
                                                                                      The President
                                                                                     L. TINDEMANS
 ---pagebreak---  5 . 3 . 73                                     Official Journal of the European Communities                                   No L 59 /3
                                                                         ANNEX I
                  LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION
                                                                          IN 1973
                                            Date on which supervision commences : 1 January 1973
        Order            CCT                                                                                                       Level
                                                                   Description                         Nimexe Code               of ceiling
          No          heading No                                                                                              — 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 ,    14 000
                                                                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, 63          55 000
                                                        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)
        IA3                                        — Printing paper and writing paper,          '48.01-64, 68                    49 000
                                                        containing mechanical wood pulp (a),
                                                        excluding copying tissue
        I A4                                       — Other, excluding cellulose wadding,         48.01-41,43,45,52, 53 ,         22 000
                                                        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                30 000
        IA 6                                  — Other                                            48.07-55 , 56, 64, 65, 66,       11000
                                                                                                       68, 70, 81, 85, 91 ,
                                                                                                       97, 99
                        48.15            Other paper and paperboard, cut to size or
                                          shape :
        IA 7                             B. Other                                                48.15-10,21,29, 30, 40,        15 400
                                                                                                       50, 61 , 65, 95, 99
                        73.02             Ferro-alloys :
                                         ex G. Other :
        IA 8                                       — Ferro-molybdenum                            73.02-81                           242
        IA9                                        — Ferro-vanadium                              73.02-83                           500
(a) Subject to compliance with the definitions in fine.
 ---pagebreak--- No L 59/4                                    Official Journal of the European Communities                                           5 . 3 . 73
                                                                                                                                   Level
       Order            CCT
                                                              Description                             Nimexe Code                of ceiling
         No          heading No                                                                                               — metric tons —
          1               2                                        3                                        4                        5
                       73.15           Alloy steel and high-carbon steel in the forms
                                       mentioned in : headings Nos 73.06 to 73.14
      I A 10                           A. High carbon steel                                    73.61-10, 20, 50, 90              6 700 H
                                                                                               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 A 11                               — Stainless or refractory (a)                      73.71-13, 23, 53 , 93            15 500 (!)
                                                                                               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              3 200 C1)
                                                                                               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,       49 000 H
                                                                                                     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                    29 000
(a) Subject to compliance with the definitions in fine.
(l) Including products covered by the ECSC Treaty.
                                                                 DEFINITIONS
                 ex 48.01 C II             Kraft liner
                                           'Kraft liner' is to be taken to apply to machine-finished or machine-glazed
                                           paper or paperboard, in rolls of a width of not less than 110 cm, containing
                                            not less than 90 % of chemical sulphate softwood pulp calculated on total
                                           fibre content, weighing more than 115 g/m2 and having a Mullen burst
                                           ratio of not less than 35 .
 ---pagebreak--- 5 . 3 . 73                   Official Journal of the European Communities                              No L 59 /5
           ex 48.01 C II Kraft paper for large bags
                         'Kraft paper for large bags' is to be taken to apply to machine-finished
                         paper, in rolls of a width exceeding 70 cm, containing not less than 90 %
                         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 5 % in the cross direction and of more than 3 % 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 mechnical wood pulp
                         ' Other printing paper and other writing paper, not containing mechanical
                         wood pulp or containing not more than 5 % of mechanical wood pulp' is
                         to be taken to apply to paper, other than machine-glazed, used for printing
                         or writing, which contains not more than 5 % of chemical 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' is to
                         be taken to apply to 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' is to be taken to apply to paper
                         in rolls of a width of not less than 110 cm, containing not less than 70 %
                         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' is to be taken to apply to
                         machine-glazed paper not coloured in the mass containing more than 40 %
                         of chemical bisulphite wood pulp, bleached or unbleached, calculated on
                         total fibre content, having an ash content of not more than 8 % and having
                         a Mullen burst ratio of not less than 25 .
           ex 73.15 B    Stainless steel (including heat-resisting steel)
                         'Stainless steel (including heat-resisting steel)' is to be taken to apply to
                          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 steel
                         'High-speed steel' is to be taken to apply to alloy steel containing, with or
                         without other alloy elements, not less than two of the three elements
                         tungsten, molybdenum and vanadium, representing a total content, by
                         weight, of 7 % or more, and containing more than 0-6 % , by weight, of
                         carbon .
 ---pagebreak--- No L 59/6                     Official Journal of the European Communities                                     5 . 3 . 73
                                                   ANNEX II
                          LIST OF PRODUCTS REFERRED TO IN ARTICLE 2
                            Date on which supervision commences : 1 January 1973
     Order    CCT
                                                       Description                                  Nimexe Code
       No  heading No
        1       2                                          3                                              4
             28.04    Hydrogen, rare gases and other non-metals :
                       C.   Other non-metals
    II Al                  ex V. Silicon                                                       28.04-93 , 95
   II A 2    44.15    Plywood , blockboard , laminboard , battenboard and similar
                      laminated wood products (including veneered panels and sheets);
                      inlaid wood and wood marquetry                                           44.15 - all Nos
   II A3     44.18    Reconstituted wood, being wood shavings, wood chips, sawdust,
                      wood flour or other ligneous waste agglomerated with natural or
                      artificial resins or other organic binding substances, in sheets, blocks
                      or the like                                                              44.18 - all Nos
   II A 4    48.09    Building board of wood pulp or of vegetable fibre, whether or not
                      bonded with natural or artificial resins or with similar binders         48.09 - all Nos
             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
   IIA 7     68.04    Millstones, grindstones, grinding wheels and the like (including
                      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              68.04 - all Nos
   II A 8    68.06    Natural or artificial abrasive powder or grain, on a base of woven
                      fabric, of paper, of paperboard or of other materials, whether or not
                      cut to shape or sewn or otherwise made up                                68.06 - all Nos
  II A 9     68.08    Articles of asphalt or of similar material (for example, of petroleum
                      bitumen or coal tar pitch)                                               68.08 - all Nos
  II A 10    68.16    Articles of stone or of other mineral substances (including articles of
                      peat), not elsewhere specified or included                               68.16 - all Nos
  II A 11   69.02     Refractory bricks, blocks, tiles and similar refractory constructional
                      goods, other than goods falling within heading No 69.01                  69.02 - all Nos
  II A 12   74.03     Wrought bars, rods, angles, shapes and sections of copper; copper
                      wire                                                                     74.03 - all Nos
 ---pagebreak---                                                                   A
5 . 3 . 73                        Official Journal of the European Communities                              No L 59 /7
        Order    CCT
                                                         Description                                 Nimexe Code
         No   heading No
          1        2                                         3                                              4
     II A 13    74.04    Wrought plates, sheets and strips, of copper, of a thickness (excluding
                         any backing) exceeding 0-15 mm                                          74.04 - all Nos
     II A 14    74.05    Copper foil (whether or not embossed, cut to shape, perforated,
                         coated, printed or backed with paper or other reinforcing material),
                         of a thickness (excluding any backing) not exceeding 0-15 mm            74.05 - all Nos
     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
                         copper                                                                  74.07 - all Nos
                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
     IIA 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