CELEX: 31976R3230
Language: en
Date: 1976-12-21 00:00:00
Title: Council Regulation (EEC) No 3230/76 of 21 December 1976 establishing indicative ceilings and Community supervision for imports of certain products originating in Austria (1977)

31 . 12. 76                              Official Journal of the European Communities                            No L 367/1
                                                                 I
                                             (Acts whose publication is obligatory)
                                        COUNCIL REGULATION (EEC) No 3230/76
                                                      of 21 December 1976
                  establishing indicative ceilings and Community supervision for imports of certain
                                              products originating in Austria (1977)
THE COUNCIL OF THE EUROPEAN                                         Whereas this objective may be achieved by means of
COMMUNITIES,                                                        an administrative procedure based on setting off
                                                                    imports of the products in question against the
                                                                    indicative ceilings at Community level, as and when
Having regartd to the Treaty establishing the                       these products are submitted to 'the customs auth­
European Economic Community, and dn particular                      orities under cover of declarations that they have
Article 113 thereof,                                                been made available for consumption ; whereas this
                                                                    administrative procedure must make provision for
                                                                    the reintroduction of customs tariff duties as soon ais
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                      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
                                                                    progress of amounts set off against the indicative
Whereas Articles 1 and 2 of Protocoll 1 annexed to                  ceilings and keep the Member States informed;
this Agreement make provision for a specific time­                  whereas this cooperation must be all the closer since
table for the progressive abolition, of customs duties              the Commission must be able to take adequate
in respect of the products to which the Agreement                   measures to reintroduce customs tariff duties when­
applies ; whereas under Article 3 of that Protocol                  ever one of the ceilings ihas been readhed ;
the imports of these products are limited to annual
indicative ceilings above which the customs duties
applicable to third countries may be reintroduced ;                 Whereas the trend of imports should' be followed for
whereas, however, under Article 3 (b) the Community                 certain products (for which, under Article 3 of
has to suspend the application of certain ceilings ;                Protocol 1 , the Community has suspended the
whereas, on the other hand, in the event of short­                   application of ceilings and for products which are
term economic difficulties, the Community may,                      not subject to the ceiling system ; whereas it is there­
under Article 3 (c) of Protocol 1 , maintain the ceiling            fore desirable that imports of such products should
amounts of the preceding year; whereas, however,                     be subject to supervision,
application of this measure must be limited to prod­
ucts most affected by the short-term difficulties ;
whereas, therefore, the ceilings to be applied in 1977               HAS ADOPTED THIS REGULATION:
must be established ; whereas in this situation it is
also necessary that the Commission ibe regularly in­
                                                                                             Article 1
 formed of the trend of the imports of the products in
question and, in consequence, it is necessary to
 subjeot these imports to supervision ;                              1 . From 1 January until 31 December 1977, imports
                                                                     of products originating in Austria and indicated in
                                                                     Annex I to this Regulation shall be subject to indi­
 0 ) OJ No L 300, 31 . 12. 1972, p. 1 .                              cative ceilings and to Community supervision.
 ---pagebreak---  No L 367/2                         Official Journal of the European Communities                         31.12. 76
The description of the products referred to in the             ments of the amounts set off diuring the preceding
preceding subparagraphs, their tariff headings and             month. They shalll, if the Commission so requests,
statistic nunaibers and the levels of the indicative           maike up such statements for periods of 10 days and
ceilings are given in Annex I.                                 forward them within five clear days of expiry of
                                                               the preceding 10-day period.
2. Amounts shall be set off against the indicative
ceilings as and when products are submitted to the                                      Article 2
customs authorities under cover of a declaration that
they have been made available for consumption and
accompanied by a movement certificate conforming               From 1 January until 31 Deoember 1977, imports
to the rules contained in Protcol 3 of the Agreement.          of the products referred to in Annex II which
                                                               originate in Austria shall be subject to Community
                                                               supervision.
Goods shall be set off against the indicative ceiling
only if the movement, certificate has been submitted           Member States shall forward to the Commission not
before the date       on  which customs duties       are
reimposed.                                                     later than the 15th day of each month statements of
                                                               imports of the products in question effected during
                                                              the preceding month; to this end, only products
The reaching of a ceiling shall be determined at               submitted to the customs authorities under cover
Community level on the basis of imports set off                of a declaration that they have been made available
against it in the manner defined in the preceding              for consumption and accompanied by a movement
subparagraphs.                                                 certificate conforming to the rulles contained in
                                                               Protocol 3 to the Agreement shall be taken into
The Member States shalll periodically inform the               consideration.
Commission of imports effected in accordance with
the above rules; such information shall be supplied                                     Article 3
under the conditions laid down in paragraph 4.
                                                               For the implementation of this Regulation the
3. As soon as the ceilings have been reached,        the      Commission shall take all necessary measures in
Commission may issue a Regulation reimposing         the       close cooperation with the Member States.
customs duties provided for in Article 3 (f)          of
Protocol 1 to the Agreement until the end of         the
calendar year.                                                                          Article 4
4. Memlber States shall forward to the Commission             This Regulation shall enter into force on 1 January
not later than the 15th day of each month state­               1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 21 December 1976.
                                                                                  For the Council
                                                                                    The President
                                                                            A. P. L. M. M. van der STEE
 ---pagebreak--- 31 . 12. 76                                 Official Journal of the European Communities                            No L 367/3
                                                                     ANNEX I
                 LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION
                                                                      IN 1977
      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. £)ther :
      I Al                                              — Excluding Kraftliner (a) and      48.01-08 , 09, 11 , 12,   17 013
                                                             Kraft paper for large bags (a)       13 , 17, 19, 25 ,
                                                                                                  26, 29, 33
                                       ex E. Other :
      I A 2                                    — Bible paper (India paper), copying         48.01-58 , 61 , 62, 66    63 653
                                                    tissue ; other printing paper and other
                                                    writing paper, not containing mech­
                                                    anical wood pulp or in which mech­
                                                    anical wood pulp does not represent
                                                    more than 5% ( a)
      I A3                                      — Printing paper and writing paper,         48.01-64, 65 , 69         56 723
                                                    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         36 457
      I A 5                                 — 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 A 6                            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                      294
(a) Subject to compliance with the definitions given in Annex III.
 ---pagebreak---  No L 367/4                                   Official Journal of the European Communities                          31 . 12 . 76
      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 :
                                       B. Alloy steel :
      I A 8                                 — High-speed (a)                             73.71-14, 24, 54, 94        3 889 i1)
                                                                                         73.73-14, 24, 34, 54
                                                                                         73.74-54
                                                                                         73.75-24, 34, 44, 54,
                                                                                               64, 84
                                                                                         73.76-14
      IA9                                   — Other                                      73.71-19, 21 , 29, 55 ,    59 295 i1)
                                                                                               56, 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
(a) Subject to compliance with the definitions given in Annex III.
i1) Including products covered by the ECSC-Treaty.
 ---pagebreak---  31 . 12. 76                                  Official Journal of the European Communities                          No L 367/5
                                                                   ANNEX II
                                        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.
I1) Including products covered by the ECSC Treaty.
 ---pagebreak--- No L 367/6                  Official Journal of the European Communities                               31 . 12 . 76
                                                 ANNEX 111
                                                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°/o in the machine direction .
                              I
           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% 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 steer 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.