31973R0417

5 . 3 . 73 Official Journal of the European Communities No L 59 / 1

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 417/73 OF THE COUNCIL

of 22 January 1973

establishing Community supervision of imports of certain products originating in Austria

THE COUNCIL OF THE EUROPEAN COMMUNITIES , reintroduction of customs tariff duties as soon as the ceilings have been reached at Community level ;

Having regard to the Treaty establishing the European Economic Community, and in particular Whereas this administrative procedure requires close Article 113 thereof; and particularly rapid cooperation between the Member States and the Commission and whereas the latter must, in particular, be able to follow the Having regard to the proposal from the Commission ; progress of amounts set off against the indicative ceilings and keep the Member States informed ; Whereas an Agreement (*) between the European whereas this cooperation must be all the closer since Economic Community and the Republic of Austria the Commission must be able to take adequate was signed on 22 July 1972 ; measures to reintroduce customs tariff duties whenever one of the ceilings has been reached ;

Whereas Articles 2 and 3 of that Agreement make provision for the progressive abolition of customs Whereas, for the products which, in accordance with duties in respect of the products to which the Articles 2 and 3 of the Agreement, are subject to the Agreement applies ; whereas by way of derogation normal timetable for the abolition of customs duties from these Articles, Articles 1 , 2 and 3 of Protocol it is necessary to follow the trend of imports ; whereas No 1 annexed to the Agreement lay down that, for to this end the Community should be empowered to imports of certain products listed in Annex C to that take, where appropriate, measures to avoid any Protocol , the reduction of duties shall be limited in prejudice to industry in the Community and whereas 1973 to indicative ceilings above which the customs it is, therefore, desirable that imports of these duties applicable to third countries may be products also be subjected to a system of supervision ; reintroduced ; whereas application of this last provision requires that the Community be regularly informed of the trend of imports of the products in HAS ADOPTED THIS REGULATION : question originating in Austria ; whereas it is, therefore, desirable that imports of these products be subjected to a system of supervision ; Article 1 Whereas this objective may be achieved by means of an administrative procedure based on setting off 1 . Imports of products originating in Austria to imports of the products in question against the which annual indicative ceilings are applied in indicative ceilings at Community level , as and when accordance with Articles 1 , 2 and 3 and Annex C to these products are submitted to the customs Protocol No 1 to the Agreement between the authorities under cover of declarations that they have European Economic Community and the Republic of been made available for consumption ; whereas this Austria shall be subjected to Community supervision administrative procedure must make provision for the in 1973 .

The description of the products referred to in the i1 ) OJ No L 300, 31 . 12 . 1972, p. 1 . preceding subparagraph, their tariff headings and

No L 59 /2 Official Journal of the European Communities 5 . 3 . 73

statistic numbers, the levels of the indicative ceilings Protocol No 1 to the Agreement referred to in and the dates on which Community supervision shall paragraph 1 . begin are given in Annex I.

Article 2 2. Amounts shall be set off against the indicative ceilings as and when products are submitted to the customs authorities under cover of a declaration that During the period from 1 January 1973 until 31 December 1973 , imports of the products referred to they have been made available for consumption and in Annex II which originate in Austria shall be accompanied by a movement certificate conforming subjected to Community supervision . to the rules contained in Protocol No 3 to the Agreement referred to in paragraph 1 . The Member States shall periodically inform the Commission of imports of these products, to this end, Goods shall be set off against the indicative ceiling only products submitted to the customs authorities only if the movement certificate has been submitted under cover of a declaration that they have been before the date on which customs duties are made available for consumption and accompanied by reimposed. a movement certificate conforming to the rules contained in Protocol No 3 to the Agreement referred The reaching of a ceiling shall be determined at to in Article 1 shall be taken into consideration . Community level on the basis of imports set off against it in the manner defined in the preceding Article 3 subparagraphs.

For the implementation of this Regulation the The Member States shall periodically inform the Commission shall take all necessary measures in close Commission of imports effected in accordance with the above rules . cooperation with the Member States.

3 . As soon as the ceilings have been reached, the Article 4 Commission may issue a regulation reimposing the customs duties applicable to third countries for the This Regulation shall enter into force on the day whole Community until the end of the calendar year. following its publication in the Official Journal of the European Communities. The new Member States shall simultaneously reimpose the duties provided for in Article 3 (f) of This Regulation shall apply from 1 January 1973 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 22 January 1973 .

For the Council

The President

L. TINDEMANS

5 . 3 . 73 Official Journal of the European Communities No L 59 /3

ANNEX I

LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION IN 1973

Date on which supervision commences : 1 January 1973

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 : IA 1 — Excluding kraft liner (a) and 48.01-08 , 09, 11 , 12, 13 , 14 000 kraft paper for large bags ( a) 17, 19, 25 , 26, 27, 28, 29, 33 ex E. Other : I A 2 — Bible paper (India paper), copying 48.01-58 , 61 , 62, 63 55 000 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 A 3 '48.01-64, 68 49 000 — Printing paper and writing paper, containing mechanical wood pulp ( a), excluding copying tissue I A4 48.01-41,43,45,52, 53 , 22 000 — Other, excluding cellulose wadding, 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 :

I A 5 — Coated printing or writing paper 48.07-57, 58 , 59 30 000 I A 6 — Other 48.07-55 , 56, 64, 65, 66, 11000 68, 70, 81, 85, 91 , 97, 99

48.15 Other paper and paperboard , cut to size or shape :

I A 7 B. Other 48.15-10,21,29, 30, 40, 15 400 50, 61 , 65, 95, 99 73.02 Ferro-alloys :

ex G. Other : I A 8 — Ferro-molybdenum 73.02-81 242

I A 9 — Ferro-vanadium 73.02-83 500

(a) Subject to compliance with the definitions in fine.

No L 59 /4 Official Journal of the European Communities 5 . 3 . 73

Order CCT Level Description Nimexe Code of ceiling No heading No — metric tons —

1 2 3 4 5

73.15 Alloy steel and high-carbon steel in the forms mentioned in : headings Nos 73.06 to 73.14 I A 10 A. High carbon steel 73.61-10, 20, 50, 90 6 700 H 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 15 500 (!) 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 3 200 C1) 73.73-14, 24, 34, 54 73.74-54 73.75-24, 34, 44, 54, 64, 84 73.76-14 I A 13 — Other 73.71-19, 21 , 29, 55, 56, 49 000 H 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 29 000

(a) Subject to compliance with the definitions in fine. (l) Including products covered by the ECSC Treaty.

DEFINITIONS

ex 48.01 C II Kraft liner

'Kraft liner' is to be taken to apply to machine-finished or machine-glazed paper or paperboard, in rolls of a width of not less than 110 cm, containing not less than 90 % 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 .

5 . 3 . 73 Official Journal of the European Communities No L 59 /5

ex 48.01 C II Kraft paper for large bags

' Kraft paper for large bags' is to be taken to apply to machine-finished paper, in rolls of a width exceeding 70 cm, containing not less than 90 % 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 5 % in the cross direction and of more than 3 % 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 % of mechnical wood pulp

' Other printing paper and other writing paper, not containing mechanical wood pulp or containing not more than 5 % of mechanical wood pulp' is to be taken to apply to paper, other than machine-glazed, used for printing or writing, which contains not more than 5 % of chemical 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' is to be taken to apply to 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' is to be taken to apply to paper in rolls of a width of not less than 110 cm, containing not less than 70 % 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' is to be taken to apply to machine-glazed paper not coloured in the mass containing more than 40 % of chemical bisulphite wood pulp , bleached or unbleached, calculated on total fibre content, having an ash content of not more than 8 % and having a Mullen burst ratio of not less than 25 .

ex 73.15 B Stainless steel ( including heat-resisting steel)

'Stainless steel (including heat-resisting steel)' is to be taken to apply to 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 steel

'High-speed steel' is to be taken to apply to alloy steel containing, with or without other alloy elements, not less than two of the three elements tungsten , molybdenum and vanadium, representing a total content, by weight, of 7 % or more, and containing more than 0-6 % , by weight, of carbon .

No L 59 / 6 Official Journal of the European Communities 5 . 3 . 73

ANNEX II

LIST OF PRODUCTS REFERRED TO IN ARTICLE 2

Date on which supervision commences : 1 January 1973

Order CCT No Description Nimexe Code heading No

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 laminated wood products (including veneered panels and sheets); inlaid wood and wood marquetry 44.15 - all Nos

II A3 44.18 Reconstituted wood, being wood shavings, wood chips, sawdust, wood flour or other ligneous waste agglomerated with natural or artificial resins or other organic binding substances, in sheets, blocks or the like 44.18 - all Nos

II A 4 48.09 Building board of wood pulp or of vegetable fibre, whether or not bonded with natural or artificial resins or with similar binders 48.09 - all Nos

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

IIA 7 68.04 Millstones, grindstones , grinding wheels and the like ( including 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 68.04 - all Nos

II A 8 68.06 Natural or artificial abrasive powder or grain , on a base of woven fabric, of paper, of paperboard or of other materials, whether or not cut to shape or sewn or otherwise made up 68.06 - all Nos

II A 9 68.08 Articles of asphalt or of similar material ( for example, of petroleum bitumen or coal tar pitch) 68.08 - all Nos

II A 10 68.16 Articles of stone or of other mineral substances (including articles of peat), not elsewhere specified or included 68.16 - all Nos

II A 11 69.02 Refractory bricks, blocks, tiles and similar refractory constructional goods , other than goods falling within heading No 69.01 69.02 - all Nos

II A 12 74.03 Wrought bars, rods, angles, shapes and sections of copper; copper wire 74.03 - all Nos

A 5 . 3 . 73 Official Journal of the European Communities No L 59 / 7

Order CCT No Description Nimexe Code heading No

1 2 3 4

II A 13 74.04 Wrought plates, sheets and strips, of copper, of a thickness (excluding any backing) exceeding 0-15 mm 74.04 - all Nos

II A 14 74.05 Copper foil (whether or not embossed, cut to shape, perforated, coated, printed or backed with paper or other reinforcing material ), of a thickness (excluding any backing) not exceeding 0-15 mm 74.05 - all Nos

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 copper 74.07 - all Nos

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

IIA 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 81.04-51,53 IJ. Antimony II A 30 K. Titanium 81.04-56,58 II A 31 L. Vanadium 81.04-61, 63 II A 32 81.04-69 M. Uranium depleted in U 235 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