CELEX: 31976R0087
Language: en
Date: 1976-01-20 00:00:00
Title: Council Regulation (EEC) No 87/76 of 20 January 1976 establishing indicative ceilings and Community supervision for imports of certain products originating in Austria (1976)

24. 1 . 76                             Official Journal of the European Communities                             No L 16/ 1
                                                               I
                                            (Acts whose publication is obligatory)
                                       COUNCIL REGULATION (EEC) No 87/76
                                                     of 20 January 1976
                  establishing indicative ceilings and Community supervision for imports of certain
                                            products originating in Austria ( 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                          Whereas this objective may be achieved by means of
                                                                   an administrative procedure based on setting off
                                                                  imports of the products in question against the
                                                                   indicative ceilings at Community level, as and when
Having regard to the Treaty establishing the Euro­
                                                                   these products are submitted to the customs auth­
pean Economic Community, and in particular
Article 113 thereof,                                               orities under cover of declarations that they have
                                                                   been made available for consumption ; whereas this
                                                                   administrative procedure must make provision for
                                                                   the reintroduction of customs tariff duties as soon as
Having regard to the proposal from the Commission,                 the ceilings have been reached at Community level ;
Whereas an Agreement between the European
                                                                   Whereas this administrative procedure requires close
Economic Community and the Republic of Austria (x )
                                                                   and particularly rapid cooperation between the
was signed on 22 July 1972 ;
                                                                   Member States and the Commission ; whereas the
                                                                   latter must, in particular, be able to follow the pro­
Whereas Articles 1 and 2 of Protocol 1 annexed to                  gress of amounts set off against the indicative ceilings
                                                                   and keep the Member States informed; whereas this
this Agreement make provision for a specific time­                 cooperation must be all the closer since the Com­
table for the progressive abolition of customs duties              mission must be able to take adequate measures to
in respect of the products to which the Agreement                  re-introduce customs tariff duties whenever one of the
applies ; whereas under Article 3 of that Protocol the             ceilings has been reached ;
imports of these products are limited to annual
indicative ceilings above which the customs duties
applicable to third countries may be re-introduced ;
whereas, however, under Article 3 (b ) the Community               Whereas the trend of imports should be followed
has to suspend the application of certain ceilings ;               for certain products for which, under Article 3 of
whereas , on the other hand, in the event of short­                Protocol 1 , the Community has suspended the
term economic difficulties, the Community may,                     application of ceilings and for products which are
under Article 3(c) of Protocol 1 , maintain the ceiling            not subject to the ceiling system ; whereas it is there­
amounts of the preceding year; whereas, however,                   fore desirable that imports of such products should
application of this measure must be limited to prod­               be subject to supervision,
ucts most affected by the short-term difficulties ;
whereas, therefore, the ceilings to be applied in 1976
must be established ; whereas in this situation it is
also necessary that the Commission be regularly                    HAS ADOPTED THIS REGULATION :
informed of the trend of the imports of the products
in question and, in consequence, it is necessary to
subject these imports to supervision ;
                                                                                           Article 1
                                                                    1 . From 1 January until 31 December 1976, imports
H OJ No L 300, 31 . 12 . 1972, p . 1 .                             of products originating in Austria and indicated in
 ---pagebreak--- No L 16/2                         Official Journal of the European Communities                           24. 1 . 76
Annex I to this Regulation shall be subject to               4. Member States shall forward to the Commission
indicative ceilings and to Community supervision.            not later than the 15th day of each month statements
                                                             of the amounts set off during the preceding month.
The description of the products referred to in the           They shall, if the Commission so requests, make
preceding subparagraphs, their tariff headings and           up such statements for periods of 10 days and for­
statistic numbers and the levels of the indicative           ward them within five clear days of expiry of the
ceilings are given in Annex I.                               preceding 10-day period.
2. Amounts shall be set off against the indicative                                  Article 2
ceilings as and when products are submitted to the
customs authorities under cover of a declaration that        From 1 January until 31 December 1976, imports
they have been made available for consumption and            of the products referred to in Annex II which
accompanied by a movement certificate conforming             originate in Austria shall be subject to Community
to the rules contained in Protocol 3 to the Agreement.       supervision.
                                                             Member States shall forward to the Commission not
Goods shall be set off against the indicative ceiling
only if the movement certificate has been submitted          later than the 15th day of each month statements of
before    the  date    on which  customs    duties  are      imports of the products in question effected during
reimposed.                                                   the preceding month; to this end, only products
                                                             submitted to the customs authorities under cover
                                                             of a declaration that they have been made available
The reaching of a ceiling shall be determined at             for consumption and accompanied by a movement
Community level on the basis of imports set off              certificate conforming to the rules contained in
against it in the manner defined in the preceding            Protocol 3 to the Agreement shall be taken into
subparagraphs.                                               consideration .
The Member States shall periodically inform the                                     Article 3
Commission of imports effected in accordance with
the above rules ; such information shall be supplied         For the implementation of this Regulation the Com­
under the conditions laid down in paragraph 4.               mission shall take all necessary measures in close
                                                             cooperation with the Member States.
3 . As soon as the ceilings have been reached,      the
Commission may issue a Regulation reimposing        the                              Article 4
customs duties provided for in Article 3 (f)         of
Protocol 1 to the Agreement until the end of        the      This Regulation shall enter into force on 1 January
calendar year.                                               1976 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 20 January 1976.
                                                                              For the Council
                                                                               The President
                                                                                G. THORN
 ---pagebreak--- 24. 1 . 76                                     Official Journal of the European Communities                            No L 16/3
                                                                       ANNEX I
                   LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION
                                                                        IN 1976
      Order             CCT                                                                                               Level
       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 :
   I Al                                                  — Excluding Kraftliner (a) and      48.01-08 , 09 , 11 , 12,  16 203
                                                              Kraft paper for large bags (a)       13 , 17, 19 , 25 ,
                                                                                                   26, 27, 28 , 29 ,
                                                                                                   33
                                        ex E. Other :
   I A 2                                         — Bible paper (India paper), copying        48.01-58 , 61 , 62, 66    60 622
                                                     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°/o (a)
   I A3                                          — Printing paper and writing paper,         48.01-64, 68              54 022
                                                     containing mechanical wood pulp (a),
                                                     excluding copying tissue
                       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:
   I A4                                      — Coated printing or writing paper              48.07-57, 58 , 59         34 721
   I A5                                      — Other                                         48.07-55 , 56, 64, 65 ,   12 687
                                                                                                   66, 68 , 70, 81 ,
                                                                                                   85 , 91 , 97, 99
                       48.15            Other paper and paperboard, cut to size or
                                        shape:
   I A6                                 B. Other                                             48.15-10, 21 , 29, 30,    17 826
                                                                                                   40, 50, 61 , 65,
                                                                                                   95, 99
                       73.02            Ferro-alloys:
                                        ex G. Other:
   I A 7                                         — Ferro-molybdenum                          73.02-81                      280
(a) Subject to compliance with the definitions given in Annex 111«
 ---pagebreak--- No L 16/4                                       Official Journal of the European Communities                                 24. 1 . 76
         Order             CCT                                                                                               Level
                                                                   Description                   Nimexe code               of ceiling
          No           heading No
                                                                                                                         (metric tons)
           1        I       2        I                                 3                  I            4               I       5
                          73.15            Alloy steel and high-carbon steel in the forms
                                           mentioned in : heading Nos 73.06 to 73.14 :
                                          B. Alloy steel :
      I A 8                                    — High-speed (a)                             73.71-14, 24 , 54, 94          3 704 0
                                                                                            73.73-14 , 24, 34 , 54
                                                                                            73.74-54
                                                                                            73.75-24, 34 , 44, 54,
                                                                                                  64 , 84
                                                                                            73.76-14
      I A 9                                         Other                                   73.71-19 , 21 , 29 , 55 ,     56 471 (')
                                                                                                  56,  59, 99
                                                                                            73.72-11 , 19 , 39
                                                                                            73.73-19 , 25 ,  26 , 29 ,
                                                                                                  35 , 36 ,  39 , 49 ,
                                                                                                  55 , 59 ,  72 , 74 ,
                                                                                                  QQ
                                                                                                  oy
                                                                                            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
 ( a ) Subject to compliance with the definitions given in Annex III .
(*) Including products covered by the ECSC Treaty .
 ---pagebreak--- 24. 1 . 76                                   Official Journal of the European Communities                              No L 16/5
                                                                   ANNEX U
                                        LIST OF PRODUCTS REFERRED TO IN ARTICLE 2
       Order              CCT
        No            heading No                                       Description                             Nimexe code
         1                 2                                               3                                         4
   II A 1                44.18             Reconstituted wood, being wood shavings, wood chips,           44.18-all Nos
                                           sawdust, wood flour or other ligneous waste agglomerated
                                           with natural or artificial resins or other organic binding
                                           substances, in sheets, blocks or the like
                         48.01             Paper     and    paperboard   (including  cellulose wadding),
                                           machine made, in rolls or sheets :
                                           ex E. Other :
   II A 2                                          — Other, excluding cellulose wadding, tissues, fluting 48.01-41,43,45,52,
                                                       paper for corrugated paperboard (a) and sulphite         53 , 54, 55 , 56,
                                                       paper for wrapping purposes (a)                          77 , 82, 84, 86,
                                                                                                                88 , 91 , 93 , 95 ,
                                                                                                                97
                         56.01             Man-made fibres (discontinuous), not carded, combed or
                                           otherwise prepared for spinning:
   II A3                                   B. Regenerated textile fibres                                  56.01-21 , 23 , 25 , 29
                         73.02             Ferro-alloys:
                                           ex G. Other :
   II A4                                           — Ferro-vanadium                                       73.02-83
                         73.15             Alloy steel and high carbon steel in the forms mentioned in
                                           heading Nos 73.06 to 73.14:
   II A 5                                  A. High carbon steel                                           73.61-10,  20 , 50 , 90
                                                                                                          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:
   II A 6                                      — Stainless or refractory (1 ) (a)                         73.71-13 , 23 , 53 , 93
                                                                                                          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
                         76.01             Unwrought aluminium; aluminium waste and scrap :
    II A 7                                 A. Unwrought                                                   76.01-11 , 15
(a) Subject to compliance with the definitions given in Annex III.
P) Including products covered by the ECSC Treaty.
 ---pagebreak--- No L 16/6                   Official Journal of the European Communities                              24 . 1 . 76
                                                ANNEX III
                                              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 115
                        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.