CELEX: 51973PC1781
Language: en
Date: 1973-10-23 00:00:00
Title: RECOMMANDATION FOR A REGULATION (EEC) OF THE COUNCIL rectifying Article 3 of Protocol N. 1 to the Agreement between the European Economic Community and the Kingdom of Norway and adopting provisions for implementation thereof (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1781
Vol. 1973/0307
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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 ---pagebreak--- COMMISSION OF THE BUR02BAN COMMUMÏIE:
                                                        COM(73)1781 final
                                                        Brussels , 23 October 1973
                            RECOMMANDATION FOR A
                       REGULATION (EEC ) OF THE COUNCIL
                                                               \
             rectifying Article 3 of Protocol N. 1 "to the
             Agreement "between the European Economic Community
             and the Kingdom of Norway and adopting provisions
             for implementation thereof
                                                                 »
                                                                                'Y
                   ( submitted to the Council by the Commission)
   COM(73 ) 1781 final
 ---pagebreak---                              EIFLuîATCÏîY KEMOR/JTOITM
1 . The Office of the Irish Permanent Representation has found that the time­
    table of tariff reductions on various aluminium products which appears
    in Article 3 of Protocol No . 1 to the EEC-Norway Agreement refers only to
    the basic duties of the Common Customs Tariff and that reference ±o the .
    Irish tariff was omitted by mistake .
2 . As the timetable stands , Ireland would have to introduce customs duties for
    certain products hitherto imported at a zero rate of duty , whereas for other
    products the reduction in duties would by far exceed that laid down for the
    Community as originally constituted. This would conflict with other provi­
    sions in the Agreement .
3 . However , in order to appreciate the relative importance of this omission ,
    it should be noted that according to the statistics supplied by the Irish
    authorities during negotiations with Norway , there were no imports of the
    produces in question during the period 1968 to 1971 •
4. As the error is one of form , it would seem appropriate to rectify it "by sn
    exchange of letters . It was proposed that the Commission submit to the
    Council for approval the attached drafts of a letter and a regulation to
    implement the corrections .
    The Norwegian authorities have expressed their agreement with the wording
    of the attached letter . It is proposed that Mr. Wellenstein sign on behalf
    of the Community . In this case the Norwegian Ambassador could sign on behalf
    of the Norwegian Government .
 ---pagebreak---                         COMMUNICATION FROM THE C OIcMISS I ON
Tiuetable of tariff reductions on aluminium in the EEC-Norway Agreement
      The Office of the Irish Permanent Representation has drawn the Commission' s
attention to the fact that the timetable of tariff reductions set out in Article 3
of Protocol No . 1 to the Agreement signed on 14 May 1973 between the European
Economic Community and the Kingdom of Norway refers only to the basic duties
of the CCT . Reference to the Irish tariff was omitted by mistake .
      If this error were not rectified , Ireland would , as a result , have to intro­
duce customs duties on products at present imported at a zero rate of duty and
rnalce excessive reductions for other products . Such a situation would conflict
with other provisions of the Agreement , in particular Articles 3 ( l ) and 5 ( l ) .
      From the wording of the Agreement itself and of Protocol No . 1 , it is evident
that an error is involved and not an intentional oaissioru In this connection
it should be noted that , as regards aluminium , the Council Directives of
5 February 1973 ( Doc . I/30/73 (N 5 ) of 13 February 1973 ) refer both to the
duties to be applied by the Commmity as originally constituted at the various
dates in the transitional period and to the percentage of the basic duty to
which the tariff is to be reduced on those dates . The latter reference permits
the case of Ireland to be covered .
      As the error is one of form, it would seem appropriate to rectify it by an
exchange of letters .
 ---pagebreak---                               RECOMMENDATION FOB A.
                          REGULATION (EEC ) OF THE COUNCIL
           rectifying .article 3 of Protocol N. 1 to the Agreement
           between the European Economic Community and the Kingdom
           of Norway and adopting provisions for implementation
                                     thereof .    .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 113 thereof ?
Having regard to the recommendation of the Commission ?
Having regard to the Agreement signed on 14 Kay 1973 between the European
Economic Community and the Kingdom of Norway ?
Whereas Article 3 of Protocol No , 1 to the Agreement between the European
Economic Community and the Kingdom of Norway should be rectified and the
exchange of letters to this effect between the European Economic Community
and the Kingdom of Norway on                 197 3 approved :
HAS ADOPTED THIS REGULATION :
                                    Article 1
The exenange of letters of                1973 between the European Economic
Community and the Kingdom of Norway for the purpose of rectifying Article 3
of Protocol No . 1 to the Agreement between the European Economic Community
and the Kingdom of Norway is hereby approved and confirmed on behalf on the
Community . The texts of the letters are annexed to this Regulation .
 ---pagebreak---                               Article   2
This Regulation shall enter into force on the third day following it3
publication in th-3 Official journal of the   European Communities .
      This Regulation shall "be "binding in its entirety and
      directly applicable in all Member States .
      Done at Brussels                            For the Council
                                                  The President
 ---pagebreak--- Sir .
        I would like to draw to your attention an error of fomh in . Artie, 1$ 3
of Protocol No . 1 to the Agreement between the CES and Norway . This Article
provides for a special; timetable for the reduction of customs duties on. im­
ports into the Community as originally constituted and Ireland of products
of subheading No . 76.01 A and of heading No . 76.02 or 76.03              Common
Customs Tariff#
        Owing to          • error the timetable of Article 3 of Protocol No . 1
contains only the schedule of tariff reductions based on the basic duties – as
defined in Article 5       O)       of the .Agreement – applied on 1 January 1972
by the Community as originally constituted . The basic duties applied by Ire­
land on 1 January 1972 being different , the schedule of tariff reductions for
Ireland ought to be mentioned separately , as has been done for other products
in Article 1 ( 2 ) and Article 2             l?r.pt,0£<53i No s 1 ,
        The Irish duty applied on 1 January 1972 to products of subheading No
                                                      No
76,01 A and of certain subheadings of headings 76.02 or 76#03 was zero
( Annex '.)• According to Article 3      (1)          of the Agreement these duties
will ramain zero .
        Consequently , it is the understanding of the Community that the time­
table of Article 3 should read as follows in respect to those subheadings of
Leadings Ncs76.02 und 76.03 where a positive basic duty on imports into
Ireland was in force on 1 January 1972 s
 ---pagebreak---                                                                         Irelcind
   Timetable          Community as originally constituted. '
                      Rates of duty applicable - percentage    Percentage of basic duties
                                    ad valorem                         applicable
                    Headings Nos     76.02 and ( Subheading ( HeadingsNos76.02 and 76.03 )
                             76.03 )            Ko . 76.01 A )
On the date of
entry into force              11.4                    6,6                  95 %
of the Agreement
1 January 1974                10.3                    6.3                  90 %
1 January 1975                10.2                    5*9                  85 % ■
1 January 1976                 9                      5.6                  75 %
1 January 1977                 7.2                    4.2                  60 %
1 January 1978                 3                      3                    25 >
1 January 1979                 2.7                    2.7                  22.5 1o
1 January 1980                 0                      0                     0 %
             Further proof that this form of timetable corresponds to the intention
    of the negotiators is given in Article 4 ( f.) of Protocol No . 1 ^hich determines
    the duties that can be reimposed when a ceiling has been reached. As far as
    the new Member' States aire concerned this Article    takes account of the progres­
    sive realignment of their customs tariff with the Common Customs tariff :
    " In this event , prior to 1 July 1977 *
    ( ii ) Ireland shall reimpose customs duties applicable to third countries".
             I should be grateful if you would confirm the agreement of the Kingdom
    of Norway with the content of this letter .
             Please accept , Sir
 ---pagebreak---                                                                                                                    A3BEX
                                 Tariff Pleading                       Rate of Dirty on imports into Ireland
  L'                        :                                           in force on 1 January 1972
 | 76.01          Unwrotght aluminium ;       aluminium waste
                  and scrap                                                            Pree
i '
| 16.02           Wrought "bars , rods , angles , shapes
                  and sections , of aluminium ; aluminium wire :
'                 ( ii)   Of which no cross-sectional dimension
I ;                       exceeds 5 inches .                                            30%
; 1               ( B ) Other                                    *                     Free
 I 76.03          Wrought plates , sheets and strip , of
                  aluminium :
|                 ( A)    Strip not exceeding 14 inches in width
i                         and -g- inch in thickness , slotted or
!
r
                          otherwis e perforat ed «                                      40%
j                 (B) Other :
                          ( l ) Hot exceeding      inch in thickness                    30%
                          ( 2 ) Other                                I                 Pree
  I
         \ mv _      J
    ( 1 ; The Operation of this duty is at present suspended in so far as it relates to goods of which the thickness
           of ijhe aluminium exceeds l/50th inch, other than pieces of such goods of circular or approximately circular
           shape , the greatest cross-sectional dimension of which does not exceed 25 inches .
                  I
    / \
    F r\ \      ''
           rm . _
    ( 2 ; The operation of this duty is at present suspended in so far as it relates to strip which is -
           (sJ)        imported in rolls ,
           ( t>)       formed to a concave shape ,
           ( c)        of a width not exceeding 2-£- inches ,
           Id}         color red or lacquered on "both sides , and
           (e )        not less than 17/2000 inch nor more than 13/1000 inch in thickness inclusive of colouring or lacquering.