31973R3475

No L 356/66 27 . 12 . 73 Official Journal of the European Communities

REGULATION (EEC) No 3475/73 OF THE COUNCIL

of 17 December 1973 establishing Community supervision of imports of certain products originating in Switzerland

THE COUNCIL OF THE EUROPEAN COMMUNITIES, the Commission must be able to take adequate measures to reintroduce customs tariff duties whenever one of the ceilings has been reached. Having regard to the Treaty establishing the European Economic Community, and in particular Whereas, for the products which, in accordance with Article 113 thereof; Articles 2 and 3 of the Agreement, are subject to the normal timetable for the abolition of customs duties Having regard to the proposal from the Commission ; it is necessary to follow the trend of imports; whereas to this end the Community should be empowered to take, where appropriate, measures to avoid any Whereas an Agreement (*) between the European prejudice to industry in the Community and whereas Economic Community and the Swiss Confederation it is, therefore, desirable that imports of these was signed on 22 July 1972 ; products also be subjected to a system of supervision,

Whereas Articles 2 and 3 of that Agreement make provision for the progressive abolition of customs HAS ADOPTED THIS REGULATION : duties in respect of the products to which the Agreement applies ; whereas by way of derogation from these Articles, Articles 1 , 2 and 3 of Protocol Article 1 No 1 annexed to the Agreement lay down that, for imports of certain products listed in Annex B to that 1 . From 1 January 1974 to 31 December 1974, Protocol, the reduction of duties shall be limited to imports of products originating in Switzerland to indicative ceilings above which, the customs duties which annual indicative ceilings are applied in applicable to third countries may be reintroduced ; accordance with Articles 1 , 2 and 3 and Annex B to whereas application of this last provision requires Protocol No 1 to the Agreement between the that the Community be regularly informed of the European Economic Community and the Swiss trend of imports of the products in question Confederation shall be subjected to Community originating in Switzerland; whereas it is, therefore, supervision. desirable that imports of these products be subjected to a system of supervision ; The description of the products referred to in the preceding subparagraph, their tariff headings and Whereas this objective may be achieved by means of statistic numbers and the levels of the indicative an administrative procedure based on setting off ceilings are given in Annex I. imports of the products in question against the indicative ceilings, at Community level as and when these products are submitted to the customs 2. Amounts shall be set off againsl the indicative authorities under cover of declaration that they have ceilings as and when products are submitted to the been made available for consumption; whereas this customs authorities under cover of a declaration that administrative procedure must make provision for the they have been made available for consumption and reintroduction of customs tariff duties as soon as the accompanied by a movement certificate conforming ceilings have been reached at Community level; to the rules contained in Protocol No 3 to the Agreement referred to in paragraph 1 . Whereas this administrative procedure requires close and particularly rapid cooperation between the Goods shall be set off against the indicative ceiling Member States and the Commission and whereas the only if the movement certificate has been submitted latter must, in particular, be able to follow the before the date on which customs duties are progress of amounts set off against the indicative reimposed. ceilings and keep the Member States informed; whereas this cooperation must be all the closer since 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 i1 ) OJ No L 300, 31 . 12. 1972, p. 188 . subparagraphs.

27 . 12 . 73 Official Journal of the European Communities No L 356/ 67

The Member States shall periodically inform the end, only products submitted to the customs Commission of imports effected in accordance with authorities under cover of a delcaration that they the above rules. have been made available for consumption and accompanied by a movement certificate conforming to the rules contained in Protocol No 3 to the 3 . As soon as the ceilings have been reached, the Agreement referred to in Article 1 shall be taken into Commission may issue a regulation imposing the consideration. customs duties provided for in Article 3 (f) of Protocol No 1 to the Agreement until the end of the Article 3 calendar year.

For the implementation of this Regulation the Article 2 Commission shall take all necessary measures in close cooperation with the Member States . During the period from 1 January 1974 until 31 December 1974, imports of the products referred to in Annex II which originate in Switzerland shall be Article 4 subjected to Community supervision. The Member States shall periodically inform the This Regulation shall enter into force on 1 January Commission of imports of these products ; to this 1974 .

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

Done at Brussels, 17 December 1973 .

For the Council

The President

I. N0RGAARD

No L 356/ 68 Official Journal of the European Communities 27 . 12 . 73

ANNEX I

LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION IN 1974

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

1 2 3 4 5

73.02 Ferro-alloys : I CHI C. Ferro-silicon 73.02-30 9 240

76.01 Unwrought aluminium, aluminium waste and scrap : I CH 2 A. Unwrought 76.01-11 , 15 12 277

27 . 12 . 73 Official Journal of the European Communities No L 356 / 69

ANNEX 11

LIST OF PRODUCTS REFERRED TO IN ARTICLE 2

CCT Order No Description Nimexe Code heading No

1 2 4

28.04 Hydrogen , rare gases and other non metals : C. Other non-metals : II CHI ex V. Silicon 28.04-93 , 95

II CH 2 44.15 44.15 - all Nos Plywood , blockboard , laminboard, battenboard and similar laminated wood products ( including veneered panels and sheets ); inlaid wood and wood marquetry

II CH 3 44.18 44.18 - all Nos 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

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

II CH 5 . 74.03 Wrought bars, rods, angles, shapes and sections of copper ; copper 74.03 - all Nos wire

II CH 6 74.04 74.04 - all Nos Wrought plates, sheets and strips , of copper

II CH 7 74.05 74.05 - all Nos 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

II CH 8 74.06 Copper powders and flakes 74.06 - all Nos

II CH 9 74.07 74.07 - all Nos Tubes and pipes and blanks therefor, of copper; hollow bars of copper

78.01 Unwrought lead (including argentiferous lead); lead waste and scrap : A. Unwrought : II CH 10 II . Other 78.01-12, 13 , 15 , 19

79.01 Unwrought zinc ; zinc waste and scrap : II CH 11 A. Unwrought 79.01-11 , 15

II CH 12 81.01 81.01 - all Nos Tungsten ( wolfram ), unwrought or wrought, and articles thereof

II CH 13 81.02 81.02 - all Nos Molybdenum , unwrought or wrought, and articles thereof

II CH 14 81.03 Tantalum , unwrought or wrought, and articles thereof 81.03 - all Nos

No L 356 / 70 Official Journal of the European Communities 27 . 12 . 73

CCT Order No Description Nimexe Code heading No

1 2 3 4

81.04 Other base metals, unwrought or wrought, and articles thereof ; cermets, unwrought or wrought, and articles thereof: II CH 15 B. Cadmium 81.04-16 , 18 C. Cobalt : II CH 16 81.04-23 II . Wrought II CH 17 D. Chromium 81.04-26 , 28 II CH 18 E. Germanium 81.04-31 , 33 II CH 19 F. Hafnium ( celtium ) 81.04-36 , 38 II CH 20 G. Manganese 81.04-41 , 43 II CH 21 H. Niobium (columbium ) 81.04-46, 48 II CH 22 IJ. Antimony 81.04-51 , 53 II CH 23 K. Titanium 81.04-56, 58 II CH 24 L. Vanadium 81.04-61 , 63 II CH 25 M. Uranium depleted in U 235 81.04-69 II CH 26 O. Zirconium 81.04-81 , 83 II CH 27 P. Rhenium 81.04-91, 93 II CH 28 Q. Gallium ; indium ; thallium .81.04-94 , 95 II CH 29 R. Cermets 81.04-97, 98