CELEX: 31974R2901
Language: en
Date: 1974-11-07 00:00:00
Title: Regulation (EEC) No 2901/74 of the Council of 7 November 1974 establishing Community supervision of imports of certain products originating in Austria

25 . 11 . 74                           Official Journal of the European Communities                              No L 313 / 1
                                                               I
                                             (Acts whose publication is obligatory)
                                REGULATION (EEC) No 2901 /74 OF THE COUNCIL
                                                     of 7 November 1974
                establishing Community supervision of imports of certain products originating in
                                                             Austria
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                           Member States and the Commission ; whereas the
                                                                    latter must, in particular, be able to follow the
Having regard to the Treaty establishing the                        progress of amounts set off against the indicative
European Economic Community, and in particular                       ceilings and keep the Member States informed ;
Article 113 thereof;                                                whereas this cooperation must be all the closer since
                                                                    the Commission must be able to take adequate
Having       regard     to  the    proposal      from    the        measures     to  reintroduce    customs    tariff   duties
Commission ;                                                        whenever one of the ceilings has been reached ;
Whereas an Agreement (') between the European                       Whereas , for the products which, in accordance with
Economic Community and the Republic of Austria                      Articles 2 and 3 of the Agreement, are subject to the
was signed on 22 July 1972 ;                                        normal timetable for the abolition of customs duties
                                                                    it is necessary to follow the trend of imports ;
Whereas Articles 2 and 3 of that Agreement make                     whereas to this end the Community should be
provision for the progressive abolition of customs                  empowered to take, where appropriate, measures to
duties in respect of the products to which the                      avoid any prejudice to industry in the Community ;
Agreement applies ; whereas by way of derogation                    whereas it is, therefore, desirable that imports of
from these Articles, Articles 1 , 2 and 3 of Protocol 1             these products also be subjected to a system of
annexed to the Agreement lay down that, for                         supervision,
imports of certain products listed in Annex C to that
Protocol, the reduction of duties shall be limited to
indicative ceilings above which the customs duties                  HAS ADOPTED THIS REGULATION :
applicable to third countries may be reintroduced ;
whereas application of this last provision requires                                         Article 1
that the Community be regularly informed of the
trend of imports of the products in question                        1.     From 1 January until 31 December 1975,
originating in Austria ; whereas it is, therefore,                  imports of products originating in Austria to which
desirable that imports of these products be subjected               annual indicative ceilings are applied in accordance
to a system of supervision ;                                       with Articles 1 , 2 and 3 and Annex C to Protocol 1
                                                                    of the Agreement between the European Economic
Whereas this objective may be achieved by means of                  Community and the Republic of Austria shall be
an administrative procedure based on setting off                   subjected to Community supervision .
imports of the products in question against the
indicative ceilings at Community level, as and when                The description of the products referred to in the
these products are submitted to the customs                        preceding subparagraphs, their tariff headings and
authorities under cover of declarations that they                  statistic numbers and the levels of the indicative
have been made available for consumption ; whereas                 ceilings are given in Annex I.
this administrative procedure must make provision
for the reintroduction of customs tariff duties as
soon as the ceilings          have      been    reached   at       2.      Amounts shall be set off against the indicative
Community level ;                                                  ceilings as and when products are submitted to the
                                                                   customs authorities under cover of a declaration that
Whereas this administrative procedure requires close               they have been made available for consumption and
and particularly rapid cooperation between the                     accompanied by a movement certificate conforming
                                                                   to     the rules  contained   in   Protocol    3   of  the
0 ) OJ No L 300, 31 . 12. 1972, p. 1 .                             Agreement referred to in paragraph 1 .
 ---pagebreak--- No L 313 /2                       Official Journal of the European Communities                           25 . 11 . 74
Goods shall be set off against the indicative ceiling       which originate in Austria shall be subjected to
only if the movement certificate has been submitted         Community supervision.
before   the date    on  which    customs   duties  are
reimposed.                                                  The Member States shall periodically inform the
                                                            Commission of imports of these products ; to this
The reaching of a ceiling shall be determined at            end, only products submitted to the customs
Community level on the basis of imports set off             authorities under cover of a declaration that they
against it in the manner defined in the preceding           have been made available for consumption and
subparagraphs.                                              accompanied by a movement certificate conforming
                                                            to the rules contained in Protocol 3 of the Agreement
The Member States shall periodically inform the             referred to in     Article  1   shall be   taken    into
Commission of imports effected in accordance with           consideration.
the above rules .
3 . As soon as the ceilings have been reached,      the                             Article 3
Commission may issue a Regulation reimposing        the
customs duties provided for in Article 3 (f)         of     For the implementation of this Regulation the
Protocol 1 of the Agreement until the end of        the     Commission shall take all necessary measures in
calendar year.                                              close cooperation with the Member States.
                        Article 2                                                   Article 4
During the period from 1 January until 31 December          This Regulation shall enter into force on 1 January
1975, imports of the products referred to in Annex II       1975 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 7 November 1974.
                                                                           For the Council
                                                                            The President
                                                                             A. JARROT
 ---pagebreak--- 25 . 11 . 74                                Official Journal of the European Communities                                 No L 313 /3
                                                                     ANNEX 1
                   LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION
                                                                       IN 1975
        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 :
        IA1                                              — Excluding Kraftliner (a) and    48.01-08 , 09 , 11 , 12, 13,    15 431
                                                            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, 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 % ( a)
        I A3                                    — Printing paper and writing paper,        48.01-64, 68                    54 022
                                                    containing mechanical wood pulp (a),
                                                    excluding copying tissue
        IA4                                     — Other, excluding cellulose wadding,      84.01-41 , 43 , 45 , 52, 53,    24 149
                                                    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               33 068
        IA6                                 — Other                                        48.07-55, 56, 64, 65, 66         12 083
                                                                                                 68 , 70, 81 , 85, 91 ,
                                                                                                 97, 99
                         48.15         Other paper and paperboard, cut to size or
                                       shape :
        IA7                            B. Other                                            48.15-10, 21 , 29, 30, 40,      1 6 977
                                                                                                 50, 61,65, 95, 99
                          73.02        Ferro-alloys :
                                       ex G. Other :
        IA8                                     — Ferro-molybdenum                         73.02-81                              267
        I A9                                    — Ferro-vanadium                           73.02-83                              551
 ( a ) Subject to compliance with the definitions in fine .
 ---pagebreak---    No L 313 /4                              Official Journal of the European Communities                                 25 . 11 . 74
           Order           CCT                                                                                            Level
            No          heading No                          Description                         Nimexe Code             of ceiling
                                                                                                                      — metric tons —
             1                2                                  3                                     4                    5
                          73.15         Alloy steel and high-carbon steel in the forms
                                        mentioned in : heading Nos 73.06 to 73.14
          I AIO                         A. High carbon steel                            73.61-10, 20,50, 90                7 357 (!)
                                                                                        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          17 019 (»)
                                                                                        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              3 528 i 1 )
                                                                                        73.73-14, 24, 34,54
                                                                                       73.74-54
                                                                                       73.75-24, 34, 44 , 54, 64,
                                                                                              84
                                                                                       73.76-14
                                           — Other                                     73.71-19,21,29,55,56,             53 782 (!)
        I A 13
                                                                                              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                    31 856
(a ) Subject to compliance with the definitions in fine .
(.1 ) Including products covered by the ECSC Treaty .
 ---pagebreak--- 25 . 11.74                 Official Journal of the European Communities                                 No L 313 /5
                                                          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 110
                         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 °/o 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 °/o 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 °/o 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 °/o 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 °/o 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 °/o of chemical bisulphite wood pulp, calculated
                          on total fibre content, having an ash content of not more than 8 °/o 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.
 ---pagebreak--- No L 313 / 6                 Official Journal of the European Communities                          25 . 11 . 74
                                                   ANNEX 11
                            LIST OF PRODUCTS REFERRED TO IN ARTICLE 2
    Order       CCT
      No     heading No                                Description                                   Nimexe Code
       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                44.15 - all Nos
                        laminated wood products (including veneered panels and sheets);
                        inlaid wood and wood marquetry
   II A 3       44.18   Reconstituted wood, being wood shavings, wood chips, sawdust,           44.18 - all Nos
                        wood flour or other ligneous waste agglomerated with natural or
                        artificial resins or other organic binding substances, in sheets,
                        blocks or the like
   II A4        48.09   Building board of wood pulp or of vegetable fibre, whether or not       48.09 - all Nos
                        bonded with natural or artificial resins or with similar binders
                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
    II A 7      68.04   Millstones, grindstones, grinding wheels and the like (including        68.04 - all Nos
                        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
    II A 8      68.06    Natural or artificial abrasive powder or grain, on a base of woven     68.06 - all Nos
                        fabric, of paper, of paperboard or of other materials, whether or
                        not cut to shape or sewn or otherwise made up
    II A 9      68.08    Articles of asphalt or of similar material (for example, of petroleum  68.08 - all Nos
                        bitumen or coal tar pitch )
   II AIO       68.16    Articles of stone or of other mineral substances (including articles   68.16 - all Nos
                        of peat), not elsewhere specified or included
   IIA11        69.02    Refractory bricks, blocks, tiles and similar refractory constructional 69.02 - all Nos
                        goods, other than goods falling within heading No 69.01
   II A 12      74.03   Wrought bars, rods, angles, shapes and sections of copper; copper       74.03 - all Nos
                        wire
 ---pagebreak--- 25 . 11 . 74                   Official Journal of the European Communities                            No L 313 / 7
       Order     CCT                                                                               Nimexe Code
                                                        Description
        No    heading No
          1         2                                       3                                             4
     II A 13    74.04    Wrought plates, sheets and strip, of copper, of a thickness          74.04 - all Nos
                         (excluding any backing) exceeding 0-15 mm
     II A 14     74.05   Copper foil (whether or not embossed, cut to shape, perforated,      74.05 - all Nos
                         coated, printed or backed with paper or other reinforcing material),
                         of a thickness (excluding any backing) not exceeding 0-15 mm
     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       74.07 - all Nos
                         copper
                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
     II A 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