CELEX: 51983PC0419
Language: en
Date: 1983-07-05
Title: Draft of a DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL establishing ceilings and Community supervision for imports of certain goods originating in Yugoslavia (1984)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 419
Vol. 1983/0157
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 ---pagebreak---    COMMISSION OF THE E U R O P E A N COMMUNITIES
                                                                    (83) 419 f i n a l
                                                                COM(83)
                                                                Brussels,   5 J u l y 1983
                                          Draft    of a
      DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER
      STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN
                                          THE COUNCIL
       establishing      c e i l i n g s and Community supervision      f o r imports of
      c e r t a i n goods o r i g i n a t i n g i n Yugoslavia (1984)
COM(83) 419 f i n a l
 ---pagebreak---                            EXPLANATORY MEMORANDUM
1.    The Agreement between the Member States of the European Coal and Steel
      Community and the European Coal and Steel Community on the one hand
      and the Socialist Federal Republic of Yugoslavia on the other hand provides
      for dutyfree import into the Community of certain steel products falling
      under Chapters 26, 27 and 73 of the Common Customs Tariff                  and
      originating in Yugoslavia.      As an exception to this provision Article 3
      stipulates that the imports of some of these goods shall be subject to
      ceilings above which the customs duties applicable to third countries may
      be introduced until the end of the calendar year (1).
2.    The draft Decision joined hereto has as its objective :
             to establish the ceilings to be applied in 1984 for imports of certain
             steel products originating in Yugoslavia;
             to    establish  the  rules  under   which   customs   duties  may    be
              reintroduced under certain conditions and
              to establish a system of surveillance relating to imports of the
              product subject to ceilings and to certain other products.
3.     Implementation of these two measures :
       (a) annual ceilings, and
       (b) reintroduction of customs duties,
       implies the adoption of precise common rules to be applied uniformly by all
       Member States. These requirements may be met by the establishment of a
       Community system of surveillance of actual imports from the partner
       country. To this end, the Member States should take appropriate measures
       to permit the rapid collection of statistical returns at Community level. In
       this connection it is necessary to take into account only imports of the
       products in question as and when they are entered with Customs authorities
       for   free    circulation and   accompanied    by   a  movement     certificate
        conforming to the rules contained in the Agreement referred to under 1
        above.
   (-0 The amounts of certain of these ceilings have been increased autonomously
        by DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF
        THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL
        COMMUNITY MEETING WITHIN THE COUNCIL of 18.4.1983 laying down
        the arrangements applicable to trade between Greece and Yugoslavia in
        products covered by that Community (OJ No L 126, 13.5.1983, p. 18).
 ---pagebreak---                                      - 2-
    These returns should be drawn up by each Member States at the end of
    every month and forwarded by the fifteenth day of the following month to
    the Commission so as to enable the latter to communicate to all the
    Member States the overall, product-by-product returns for the imports in
    question in the preceding month. The system of surveillance will require
    diligent and close co-operation between the responsible departments of the
    Member States and the Commission.
k.  The following system would be adopted for setting in train machinery to
    reintroduce duties : if one of the overall monthly returns drawn up by the
    Commission revealed that 75 % of the ceiling fixed for a given product had
    been reached, consultations could be held, for example in the working
    Party on Economic Tariff Problems, either at the request of a Member
    State or upon the Commission's initiative. The aim of these consultations
    would be to examine, case by case, the reintroduction or not of the leveying
    of customs duties applicable to third countries once the ceiling is actually
    reached.
    Monthly returns would still be made in respect of imports of the product in
    question or, if requested by the Commission, by telex at intervals of ten
    days. The maximum delay for the transmission of this last mentioned
    information is five days.
5.  As far as application of the rule on ceilings and reintroduction of duties is
    concerned, the drafts makes provisions for conferring powers of           the
    Council upon the Commission.
    In these conditions the Commission would be able, within the shortest
    possible time, either to take measures leading to the reintroduction of
    customs duties in respect of the partner country until the end of the
    calendar year, or to coordinate the necessary procedures in the case of the
    initiative being taken by a Member State.
    The draft Decision does no more than outline in broad terms how these
    powers are to be exercised so that, the machinery to be established may be
    adopted flexibly and rapidly, in close collaboration with the Member
    States.
ANNEX : 1 Draft Decision
 ---pagebreak---                                                        Draft of a
                  DECISION OF T H E REPRESENTATIVES OF T H E G O V E R N M E N T S OF T H E
                  M E M B E R STATES OF T H E EUROPEAN C O A L A N D STEEL C O M M U N I T Y ,
                                             MEETING WITHIN T H E COUNCIL
                                                   of
                  establishing ceilings and Community supervision for imports of certain goods originating in
                                                        Yugoslavia (1984)
  T H E REPRESENTATIVES O F T H E G O V E R N M E N T S OF          above rules; such information shall be supplied under the
  T H E M E M B E R STATES OF T H E EUROPEAN C O A L AND            conditions laid down in paragraph 4.
  STEEL      COMMUNITY,          MEETING     WITHIN T H E
  COUNCIL,
                                                                    3.     As soon as the ceilings are reached at Community
                                                                    level, Member States may at any time, at the request of
   In agreement with the Commission,                                any one of them or of the Commission, and in respect of
                                                                    the whole of the Community, reintroduce the levying of
                                                                    the customs duties applicable to third countries.
  H A V E DECIDED AS FOLLOWS:
                                                                     In the case of such a reimposition, Greece shall
                                                                     reintroduce the levying of the customs duties which it
                             Article 1                              applies to third countries at the date in question.
   1.    Imports of certain products originating in                Within the framework of the foregoing provisions, the
  Yugoslavia and indicated in Article 3 of the Agreement           Commission shall coordinate the procedures for
  between the Member States of the European Coal and               reintroducing the customs duties applicable to third
  Steel Community and the European Coal and Steel                  countries, in particular by notifying the date common ro
  Community, of the one part, and the Socialist Federal            the whole of the O nmunity and directly applicable in
  Republic of Yugoslavia, of the other part('), shall be           each Member State. This notification shall be published
  subject to annual ceilings and to Community supervision         in the Official journal of the European Communities.
  froml     January to 31 December 1984.
                                                                    4.     Member States shall forward to the Commission,
                                                                    not later than the 15th day of each month, statements of
  The description of the goods referred to in the preceding
                                                                    the amounts set off during the preceding month. They
  subparagraph, their tariff headings and statistical
                                                                    shall, if the Commission su requests, make up such
  numbers and the levels of the indicative ceilings are given       statements for periods of 10 days and forward them
  in the Annex to this Decision.                                    within five clear days of expiry of the preceding 10-day
                                                                    period.
 2.      Amounts shall be set off against the ceilings as and
 when the goods are entered with customs authorities for
 free circulation and accompanied by a movement
 certificate conforming to the rules contained in Protocol 3
 to the Cooperation Agreement between the European
 Economic Community and the Socialist Federal Republic
                    2
 of Yugoslavia ( ).
 Goods shall be set off against the ceiling only if the
 movement certificate has been submitted before the date
 on which customs duties are reimposed.
 The reaching of a ceiling shall be determined at
 Community level on the basis of imports set off against it
 in the manner defined in the preceding subparagraphs.
 The Member States shall periodically inform the
Commission of imports effected in accordance with the
CT'Ó] No L 41, 14. 2. 1')X.J, p. 1 13.
(*) OJ No L 41, 14. 2. 1983, p. 2.
 ---pagebreak---                                                        -2-
                                                                                 Article  3
                                                           Member States shall take all measures necessary to
                                                           implement this Decision.
                                                           Done at Luxembourg,
                         Article 2
                                                                                        The President
Member States and the Commission shall cooperate
closely to ensure that this Decision is complied with.
 ---pagebreak---                                              -3-
                                                ANNEX
       CCT                                                                                             Level of
Order heading                                 Description                                 N1MEXE code   ceiling
 No     No                                                                                             (tonnes)
  1      2                                         1                                            4          5
 1    73.01   Pig iron, cast iron and spiegeleisen, in pigs, blocks, lumps and similar
              forms:
              A. Spiegeleisen                                                           73.01-10
              B. Haematite pig iron and cast iron                                       73.01-21, 23,
                                                                                        25, 27        ^ 14 983
              C. Phosphoric pig iron and cast iron                                      73.01-31, 35
              D. Other pig iron and cast iron:
                   II. Other                                                            73.01-49
 2    73.08   Iron or steel coils for re-rolling                                        73.08-all Nos   21 751
 3     73.10  Bars and rods (including wire rod), of iron or steel, hot-rolled, forped.
              extruded, cold-formed or cold-finished (including precision-made);
              hollow mining drill steel:
                   Not further worked than hot-rolled or extruded                       73.10-11, 13,
                                                                                         16, 18
              D. Clad or surface-worked (for example, polished, coated):                              > 14 332
                     I. Not further worked than clad:
                        a) Hot-rolled or extruded                                       73.10-42
 ---pagebreak---                                                -4-
                                                                                                             Level of
       CCI'
Order heading                                  Description                               N I M E X E code     ceiling
 No     No                                                                                                   (tonnes)
  1      2                                          3                                            4               5
 4     '3.11   Angles, shapes and sections, of iron or steel, hot-rolled, forged,
               extruded, cold-formed or cold-finished; sheet piling of iron or steel,
               whether or not drilled, punched or made from assembled
               elements:
               A. Angles, shapes and sections:
                     I. Not further worked than hot-rolled or extruded                  73.11-U, 12,           2 046
                                                                                         14,16,19
                    IV. Clad or surface-worked (for example, polished, coated):
                          a) not further worked than clad:
                              1. Hot-rolled or extruded                                  73.11-41
                B. Sheet piling                                                          73.11-50
  5     73.12   Hoop and strip, of iron or steel, hot-rolled or cold-rolled:
                A. Not further worked than hot-rolled                                     73.12-11, 19
                 B. Not further worked than cold-rolled:
                      I. In coils for the manufacture of tinplate                         73.12-21
                 C. Clad, coated or otherwise surface-treated:
                                                                                                                 4 228
                     III. Tinned:
                           a) Tinplate                                                     73.12-51
                      V . Other (for example, copper-plated, artificially oxidized,
                           lacquered, nickel-plated, varnished, clad, parkerized,
                            printed):
                            a) Not further worked than clad:
                                1. Hot-rolled                                              73.12-71
   6     73.13    Sheets and plates, of iron or steel, hot-rolled or cold-rolled:
                  A. 'Electrical' sheets and plates                                         73.13-11, 16
                  B. Other sheets and plates:
                         I. Not further worked than hot-rolled                              73.13-17, 19,
                                                                                             21, 23, 26, 32,
                                                                                             34, 36
                        II. Nor further worked than cold-rolled, of a thickness of:
                             b) Mote than 1 mm but less than 3 mm                            73.13-43, 45
                             c) 1 mm or less                                                 73.13-47, 49
                        III. Not further worked than burnished, polished or glazed           73.13-50              26 214
                        IV. Clad, coated or otherwise surface-treated:
                              b) Tinned                                                       73.13-64, 65
                              c) Zinc-coated or lead-coated                                   73.13-67, 68,
                                                                                              72,74
                              d) Other (for example, copper-plated, artificially oxidized, j 73.13-76, 78,
                                  lacquered, nickel-plated, varnished, clad, parkerized, I 79, 82, 84, 86,
                                  printed)                                                    87, 88, 89
                          V . Otherwise shaped or worked:
                               a) Cut into shapes other than rectangular shapes, but not
                                   further worked:
                                   2. Other                                                    73.13-92
 ---pagebreak---                                                -5-
        CCT                                                                                                Level of
Order                                                                                    N I M E X E code   ceiling
      heading                                 Description
 No                                                                                                        (tonnes)
  1      2                                         3                                             4             5
  7    73.15  Alloy steel and high carbon steel in the forms mentioned in heading
              Nos 73.06 to 73.14:
              A. High carbon steel:
                   I. Ingots, blooms, billets, slabs and sheet bars:
                        b) Other                                                        73.61- 20, 50
                  III. Coils for re-rolling                                             73.62- 10
                  IV. Universal plates                                                  73.62- 30
                   V . Bars and rods (including wire rod) and hollow mining drill
                        steel; angles, shapes and sections:
                        b) Not further worked than hot-rolled or i-\trudol              73.63- 21, 29
                        d) Clad or surface-worked (for c \ . i m | > h - .   polished,
                            coated):
                             1. Not further worked than clad:
                                 aa) Hot-rolled or extruded                             73.63-72
                   VI. Hoop and strip:
                         a) Not further worked than hot-rolled                           73.64-20
                         c) Clad, coated or otherwise surface-treated:
                             1. Not further worked than clad:
                                 aa) Hot-rolled                                          73.64-72
                   VII. Sheets and plates:
                         a) Not further worked than hot-rolled                           73.65-21, 23,
                                                                                         25
                         b) Not further worked than cold-rolled, of a thickness of:
                             2. Less than 3 mm                                           73.65-55
                         c) Polished, clad, coated or otherwise surface-treated          73.65-70
                         d) Otherwise shaped or worked:                                  73.65-81
                              1. Cut into shapes other than rectangular shapes, but not
                                  further worked
               B. Alloy steel:
                      I. Ingots, blooms, billets, slabs and sheet bars:
                          b) Other:
                              1. Ingots:
                                  bb) Other                                               73.71-23, 24,
                                                                                          29
                              2. Blooms, billets, slabs and sheet bars                    73.71- 53, 54,
                                                                                          55, 56, 59
                    III. Coils for re-rolling                                             73.72- 11, 13,
                                                                                          19
                    IV. Universal plates                                                  73.72-33, 39          14 280
                     V. Bars and rods (including wire rod) and hollow mining drill
                          steel; angles, shapes and sections:
                           b) Not further worked than hot-rolled or extruded               73.73-23,24,
                                                                                           25, 26, 29, 33,
                                                                                           34, 35, 36, 39
                           d) Clad or surface-worked (for example, polished, coated):
                               1. Not further worked than clad:
                                   aa) Hot-rolled or extruded                              73.73-72
 ---pagebreak---                                                  -6-
                                                                                                         Level of
          CCT
  Order  holding                               Description                               NIMEXE code      ceiling
   No      No                                                                                            (tonnes)
    1       2                                       3                                          4             .5
   7      73.15   B. VI. Hoop and strip:
         (cont'd)                                                                       73.74-21,23,
(cont'd)                 a) Not further worked than hot-rolled
                                                                                        29
                         c) Clad, coated or otherwise surface-treated:
                            1. Not further worked than clad:
                                aa) Hot-rolled                                          73.74- 72
                     VII. Sheets and plates:
                         a) 'Electrical' sheets and plates                              73.75- 11, 19
                         b) Other sheets and plates:
                             1. Not further worked than hot-rolled                       73.75-23,24,
                                                                                         29, 33, 34, 39,
                                                                                         43, 44, 49
                             2. Not further worked than cold-rolled, of a thickness
                                of:
                                 bb) less than 3 mm                                      73.75-63, 64,
                                                                                         69
                             3. Polished, clad, coated or otherwise surface-treated      73.75-73,79
                             4. Otherwise shaped or worked:
                                 aa) Cut into shapes other than rectangular shapes, but   73.75-83, 84,
                                     not further worked                                   89