CELEX: 31978R0698
Language: en
Date: 1978-03-20 00:00:00
Title: Council Regulation (EEC) No 698/78 of 20 March 1978 establishing indicative ceilings and Community supervision for imports of certain products originating in Austria (1978)

14 . 4 . 78                               Official Journal of the European Communities                             No L 102/ 1
                                                                   I
                                              (Acts whose publication is obligatory)
                                         COUNCIL REGULATION (EEC) No 698/78
                                                         of 20 March 1978
                establishing indicative ceilings and Community supervision for imports of certain products
                                                    originating in Austria ( 1978 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                           entered with customs authorities for home use; whereas
                                                                     this administrative procedure must make provision for
                                                                     the reintroduction of Common Customs Tariff duties as
 Having regard to the Treaty establishing the European               soon as the ceilings have been reached at Community
 Economic Community, and in particular Article 113                   level ;
 thereof,
                                                                     Whereas this administrative procedure requires close
 Having regard to the proposal from the Commission,                  and particularly rapid cooperation between the Member
                                                                     States and the Commission; whereas the latter must, in
Whereas an Agreement ( J) between the European                       particular, be able to follow the progress of amounts set
 Economic Community and the Republic of Austria was                  off against the indicative ceilings and keep the Member
 signed on 22 July 1972 ;                                            States informed ; whereas this cooperation must be all
                                                                     the closer since the Commission must be able to take
                                                                     adequate measures to reintroduce Common Customs
 Whereas Articles 1 and 2 of Protocol 1 annexed to that
                                                                     Tariff duties whenever one of the ceilings has been
 Agreement make provision for a specific timetable for               reached ;
 the progressive abolition of customs duties in respect of
 the products to which the Agreement applies; whereas
 under Article 3 of that Protocol the imports of these               Whereas the trend of imports should be followed for
 products are limited to annual indicative ceilings above            certain products for which, under Article 3 of Proto­
 which the customs duties applicable to third countries              col 1 , the Community has suspended the application of
 may be reintroduced ; whereas, however, under Article 3             ceilings and for products which are not subject to the
 (b), the Community has to suspend the application of                ceiling system ; whereas it is therefore desirable that
 certain ceilings ; whereas, on the other hand, in the event         imports of such products should be subject to supervi­
 of short-term economic difficulties, the Community                  sion ,
may, under Article 3 (c) of Protocol 1 , maintain the ceil­
ing amounts of the preceding year; whereas, however,
 application of this measure must be limited to products
most affected by the short-term difficulties; whereas,
therefore, the ceilings to be applied in 1978 must be                HAS ADOPTED THIS REGULATION:
established ; whereas in this situation it is also necessary
that the Commission be regularly informed of the trend
of the imports of the products in question and, in con­                                       Article 1
sequence, it is necessary to subject these imports to
supervision ;                                                        1 . From 1 January to 31 December 1978 , imports of
                                                                     products originating in Austria and indicated in Annex I
Whereas this objective may be achieved by means of an                to this Regulation shall be subject to indicative ceilings
administrative procedure based on setting off imports of             and to Community supervision.
the products in question against the indicative ceilings
at Community level, as and when these products are                   The description of the products referred to in the pre­
                                                                     ceding subparagraphs, their tariff headings and statisti­
                                                                     cal numbers and the levels of the indicative ceilings are
(!) OJ No L 300, 31 . 12 . 1972 , p. 1 .                             given in Annex I.
 ---pagebreak--- No L 102/2                           Official Journal of the European Communities                               14 . 4 . 78
2. Amounts shall be set off against the indicative ceil­        them within five clear days of expiry of the preceding
ings as and when the goods are entered with customs             10-day period.
authorities for home use and accompanied by a move­
ment certificate conforming to the rules contained in
Protocol 3 to the Agreement.                                                             Article 2
                                                                From 1 January to 31 December 1978 , imports of the
Goods shall be set off against the indicative ceiling only      products referred to in Annex II which originate in
if the movement certificate has been submitted before           Austria shall be subject to Community supervision.
the date on which customs duties are reimposed .
                                                                Member States shall forward to the Commission, not
                                                                later than the 15th day of each month, statements of
The reaching of a ceiling shall be determined at Com­           imports of the products in question effected during the
munity level on the basis of imports set off against it in      preceding month ; to this end, only products submitted
the manner defined in the preceding subparagraphs.              to the customs authorities under cover of an entry for
                                                                home use and accompanied by a movement certificate
                                                                conforming to the rules contained in Protocol 3 to the
The Member States shall periodically inform the Com­            Agreement shall be taken into consideration.
mission of imports effected in accordance with the
above rules; such information shall be supplied under
the conditions laid down in paragraph 4 .
                                                                                        Article 3
3 . As soon as the ceilings have been reached, the              For the implementation of this Regulation the Com­
Commission may issue a Regulation reimposing the                mission shall take all necessary measures in close coop­
customs duties provided for in Article 3 ( f) of Protocol 1     eration with the Member States.
to the Agreement until the end of the calendar year.
4. Member States shall forward to the Commission,                                        Article 4
not later than the 15th day of each month, statements
of the amounts set off during the preceding month.              This Regulation shall enter force on the third day fol­
They shall, if the Commission so requests, make up              lowing its publication in the Official Journal of the
such statements for periods of 10 days and forward              European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member States.
             Done at Brussels, 20 March 1978 .
                                                                                       For the Council
                                                                                        The President
                                                                                        K. HEINESEN
 ---pagebreak--- 14 . 4 . 78                                           Official Journal of the European Communities                              No L 102/3
                                                                            ANNEX I
                   LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION IN 1978
                                                                                                                                     Level
        Order             CCT
                                                                       Description                         NIMEXE code            of ceiling
         No            heading No                                                                                                 ( tonnes)
          1                 2                                              3                                     4                     5
                        48.01                 Paper and paperboard ( including             cellulose
                                              wadding), in rolls or sheets:
                                                  C. Kraft paper and kraft board:
                                                       ex   II . Other :
      I A 1                                                      — Excluding kraft liner paper ( a)   48.01-08 , 09 , 11 , 12 ,  Ceiling
                                                                    and kraft paper for large-ca­           13 , 17, 19 , 25 ,   delayed
                                                                    pacity sacks ( a)                       26, 29 , 33
                                             ex F. Other :
     I A2                                              — Bible paper, manifold (thin typing)         48.01-58 , 61 , 62 , 66     66 836
                                                           paper; printing paper and writing
                                                           paper, containing not more than 5%
                                                           of mechanical wood pulp ( a)
     IA 3                                              — Printing paper and writing paper,           48.01-64 , 65 , 69          59 559
                                                           containing more           than 5%      of
                                                           mechanical wood pulp ( a), excluding
                                                           manifold (thin typing) paper
                       48.07                 Paper and paperboard, impregnated, coated,
                                             surface-coloured, surface-decorated or printed
                                             (not constituting printed matter within Chapter
                                            49 ), in rolls or sheets :
                                            C. Other :
     I A 4                                       — Coated printing or writing paper                  48.07-57, 58 , 59          38 280
     IA 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,     18 717
                                                                                                           40, 50, 61 , 65 ,
                                                                                                           95 , 99
                       73.02                Ferro-alloys :
                                            ex G. Other :
    I A 7                                             — Ferro-molybdenum                             73.02-81                     309
(a) Subject to compliance with the definitions given in Annex III .
 ---pagebreak---  No L 102 /4                                             Official Journal of the European Communities                               14 . 4 . 78
                                                                                                                                    Level
         Order              CCT
                                                                      Description                        NIMEXE code            of ceiling
           No            heading No                                                                                              ( tonnes )
            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     4 083 (!)
                                                                                                    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 , 62 260 (!)
                                                                                                          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 .
(') Including products covered by the ECSC Treaty .
 ---pagebreak--- 14. 4 . 78                                              Official Journal of the European Communities                           No L 102/5
                                                                              ANNEX II
                                                    LIST OF PRODUCTS REFERRED TO IN ARTICLE 2
         Order             CCT
                                                                               Description                            NIMEXE code
          No            heading No
           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), in rolls
                                               or sheets :
                                               ex F. Other :
       II A 2                                            — Other, excluding cellulose wadding, webs of cellulose 48.01-41 , 43 , 45 , 52,
                                                             fibres     (soft   tissues),  semi-chemical fluting       53 , 54,  55 , 56 ,
                                                             paper (a) and sulphite wrapping and packaging             77,  82 , 84,  86 ,
                                                             paper ( a)                                                88 , 91 , 93 , 95 ,
                                                                                                                       97
                         56.01                 Man-made fibres ( discontinuous), not carded, combed or
                                               otherwise prepared for spinning:
       II A 3                                  B. Regenerated textile fibres                                     56.01-21 , 23 , 25 , 29
                         73.02                 Ferro-alloys :
                                               ex G. Other :
      II A 4                                             — 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 (*) ( 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 .
(*) Including products covered by the ECSC Treaty .
 ---pagebreak--- No L 102/6               Official Journal of the European Communities                                       14 . 4 . 78
                                               ANNEX III
                                              DEFINITIONS
           ex 48.01 C II Kraft liner
                         'Kraft liner' 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-capacity sacks
                         'Kraft paper for large-capacity 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 F    Printing paper and writing paper, containing not more than 5% of mechan­
                         ical wood pulp
                         'Printing paper and writing paper, containing not more than 5% of mechan­
                         ical wood pulp' means paper other than machine-glazed, used for printing or
                         writing, which contains not more than 5% of mechanical wood pulp calcu­
                         lated on total fibre content.
           ex 48.01 F    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 F    Semi-chemical fluting paper
                         'Semi-chemical fluting paper' 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 resist­
                         ance exceeding 20 kgf.
           ex 48.01 F    Sulphite wrapping and packaging paper
                         'Sulphite wrapping and packaging paper' means machine-glazed paper, con­
                         taining 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 Mul­
                         len 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 (wolf­
                         ram), 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.