CELEX: 31976L0616
Language: en
Date: 1976-07-20 00:00:00
Title: Council Directive 76/616/EEC of 20 July 1976 on the application of Directive 69/73/EEC with regard to inward processing authorizations for certain products originating in EFTA States and the Faroe Islands

24 . 7 . 76                              Official Journal of the European Communities                                No L 199 /41
                                                                 II
                                            (Acts whose publication is not obligatory)
                                                        COUNCIL
                                                    COUNCIL DIRECTIVE
                                                         of 20 July 1976
              on the application of Directive 69/73/ EEC with regard to inward processing
              authorizations for certain products originating in EFTA States and the Faroe
                                                              Islands
                                                           (76/61 6/ EEC)
THE COUNCIL OF THE EUROPEAN                                           in Ireland must resort to the inward processing arran­
COMMUNITIES,                                                          gements in order to obtain these products with suspen­
                                                                      sion of duties ; whereas recourse to these arrange­
Having regard to the Treaty establishing the European                 ments involves examining whether the conditions
Economic Community,                                                   referred to in Article 5 ( 1 ) of Directive 69 /73 / EEC are
                                                                      fulfilled ; whereas this examination must relate to the
                                                                      Community as currently constituted ;
Having regard to Council Directive 69/73/ EEC of 4
March 1969 on the harmonization of provisions laid
                                                                      Whereas , in accordance with the timetable for tariff
down by law, regulation or administrative action in
respect of inward processing ('), as last amended by                  dismantling, products originating in EFTA States
Directive 76/ 1 19 / EEC (2), and in particular Article 29            benefit, as a general rule, from a reduction to 20 % of
thereof,                                                              the basic rate of customs duty upon importation into
                                                                      the Community as from 1 January 1976 ; whereas
                                                                      these customs duties are to be abolished by 1 July
Having regard to the proposal from the Commission ,                   1977 for most of these products ; whereas this tariff
                                                                      dismantling results from the Agreements concluded
Whereas, under the terms of Article 5 ( 1 ) of Directive              between the European Economic Community and the
69/73/ EEC, the granting of the benefit of inward                     EFTA States ; whereas these Agreements were
processing arrangements presupposes that such                         concluded with the said States by the following Regu­
                                                                      lations :
processing will contribute towards providing the most
favourable conditions for the export of goods resulting
from such processing without conflicting with essen­                  —     Austria : Regulation (EEC) No 2836/72 (3 ),
tial interests of producers within the Community ;                    —     Sweden : Regulation ( EEC) No 2838 /72 (4 ),
                                                                      —     Switzerland ; Regulation ( EEC) No 2840/72 (5 ),
                                                                      —     Iceland : Regulation ( EEC) No 2842/72 (6),
Whereas undertakings in Denmark and the United                        —     Portugal : Regulation ( EEC) No 2844/72 ( 7),
Kingdom can obtain products originating in EFTA                       —     Norway : Regulation ( EEC) No 1 69 1 /73 (8),
States free of duty without having to resort to the                   —     Finland : Regulation EEC No 31 77/73 (9) ;
inward processing arrangements ;
                                                                      (3 ) OJ  No  L  300 , 31 . 12 . 1972, p. 1.
Whereas, on the other hand , undertakings established                 (4 ) OJ  No  L  300 , 31 . 12 . 1972, p. 96 .
                                                                      (5 ) OJ  No  L  300 , 31 . 12 . 1972, p. 188 .
within the Community as originally constituted and                    (b)  OJ  No  L  301 , 31 . 12.  1972, p. 1.
                                                                      ( 7) OJ  No  L  301 , 31 . 12 . 1972, p. 164 .
(') OJ No L 58 , 8 . 3 . 1969 , p . 1 .                               (s) O'J No L 171 , 27 . 6. 1973 , p . 1 .
(2 ) OJ No L 24, 30 . 1 . 1976, p . 58 .                              o OJ No L 328 , 28 . 11 . 1973 , p . 1 .
 ---pagebreak---  No L 199 /42                               Official Journal of the European Communities                              24 . 7 . 76
Whereas as a result of this reduction in basic duties                 Community in order to be processed there under
recourse to the inward processing arrangements                        inward processing arrangements, these operations
cannot      conflict     with    the      essential  interests of     shall be deemed, for the purposes of Article 5 ( 1 ) of
producers within the Community ; whereas it appears                   Directive 69 / 73 / EEC, to contribute towards the most
advisable to grant to undertakings in the Community                   favourable conditions for exports without conflicting
as originally constituted and in Ireland treatment                    with essential interests of Community producers,
equivalent to that available to undertakings in the                   provided that the rate of import duty was reduced as
 United Kingdom and Denmark ; whereas, to that end,                   from 1 January 1976 to 20 % of the basic rate of
the conditions of Article 5 ( 1 ) of Directive 69 /73 / EEC           customs duty applicable in the Member State in
should be considered as being fulfilled ;                             which the processing takes place.
Whereas the goods concerned are those falling within                  The origin of the goods shall be determined by
 Chapters 25 to 99 of the Common Customs Tariff in                    Protocol 3 annexed to each Agreement concluded
so far as the rate of import duty is reduced as from 1                between the European Economic Community and the
January 1976 to 20 % of the basic rate of customs                     States referred to in this paragraph , or by Commission
duty defined in the abovementioned Agreements ;                       Regulation ( EEC) No 3184/74 of 6 December 1974
                                                                      concerning the definition of the concept of 'origi­
Whereas this Directive must apply to products origi­                  nating products' and methods of administrative coop­
nating in the Faroe Islands which , by virtue of                      eration for the application of the customs procedure
Council Regulation ( EEC) No 2051 /74 of 1 August                     applicable to certain products originating in and
 1974 on the customs procedure applicable to certain                  coming from the Faroe Islands (5).
products originating in and coming from the Faroe
 Islands ('), as amended by Regulation (EEC) No                       2. Paragraph 1 shall not apply to goods on which a
 1048 /76 (2), benefit from arrangements similar to                   variable component is levied on the basis of Article 5
those from which products originating in the EFTA                     ( 1 ) (b) of Regulation (EEC) No 1059/69 nor to the
States benefit upon importation into the Community ;                  products listed in the Annex.
Whereas it is necessary to exclude from the scope of                                            Article 2
this Directive those processed agricultural products on
which a variable component is levied on the basis of '                 1.     Member States shall bring into force the
Article 5 ( 1 ) (b) of Council Regulation ( EEC) No                   measures necessary to comply with this Directive not
 1059 /69 of 28 May 1969 laying down the trade arran­                 later than 1 September 1976 and shall forthwith
gements applicable to certain goods resulting from the                inform the Commission thereof.
processing of agricultural products (3 ), as last amended             2.      The Commission shall communicate this infor­
by Regulation ( EEC) No 3058 /75 (4) ; whereas these                  mation to the other Member States .
products must be treated in the same way as the
products falling within Chapters 17 to 24 of the
Common Customs Tariff to which this Directive does                                              Article 3
not apply ;                                                           This Directive shall apply until 30 June 1977.
Whereas the products listed in the Annex should also
                                                                                                Article 4
be excluded from the proposed rules,
                                                                      This Directive is addressed to the Member States .
HAS ADOPTED THIS DIRECTIVE :
                                                                      Done at Brussels, 20 July 1976 .
                              Article 1
                                                                                                     For the Council
 1 . When goods falling within Chapters 25 to 99 of
the Common Customs Tariff originating in Austria,                                                       The President
Sweden , Switzerland, Iceland, Portugal , Norway,
Finland or the Faroe Islands are introduced into the                                                M. van der STOEL
(')  OJ No   L 212,  2 . 8 . 1974, p . 33 .
(2 ) OJ No   L 120 , 7 . 5 . 1976, p . 1 .
(3)  OJ No   L 141 , 12. 6 . 1969 , p . 1 .
(4 ) OJ No   L 306,  26 . 11 . 1975, p . 3 .                          (5 ) OJ No L 344, 23 . 12 . 1974 , p . 1 .
 ---pagebreak--- 24. 7. 76                    Official Journal of the European Communities                                    No L 199/43
                                                      ANNEX
                  LIST OF PRODUCTS TO WHICH THE DIRECTIVE DOES NOT APPLY
                                                  (Article 1 (2))
            CCT heading No                                     Description
          CHAPTER 39        ARTIFICIAL RESINS AND PLASTIC MATERIALS, CELLULOSE ESTERS
                            AND ETHERS AND ARTICLES THEREOF
             50.09          Woven fabrics of silk or of waste silk other than noil
             51.04          Woven fabrics of man-made fibres (continuous), including woven fabrics of
                            monofil or strip of heading No 51.01 or 51.02
          ex 53.11          Woven fabrics of sheep's or lambs' wool
             55.07          Cotton gauze
             73.10          Bars and rods (including wire rod), of iron or steel, hot-rolled, forged, extruded,
                            cold-formed or cold-finished (including precision-made) ; hollow mining drill
                            steel
             73.12          Hoop and strip, of iron or steel, hot-rolled or cold-rolled
             73.15          Alloy steel and high carbon steel in the forms mentioned in heading Nos
                            73.06 to 73.14
             76.04          Aluminium 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 0-20 mm
             76.06          Tubes and pipes and blanks therefor, of aluminium ; hollow bars of aluminium
             76.07          Tube and pipe fittings (for example, joints, elbows, sockets and flanges), of
                            aluminium
              84.06         Internal combustion piston engines
              84.62         Ball, roller or needle roller bearings
              85.18         Electrical capacitors, fixed or variable