31976L0616

24 . 7 . 76 Official Journal of the European Communities No L 199 /41

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DIRECTIVE of 20 July 1976 on the application of Directive 69/73/ EEC with regard to inward processing authorizations for certain products originating in EFTA States and the Faroe Islands

(76/ 61 6/ EEC)

THE COUNCIL OF THE EUROPEAN in Ireland must resort to the inward processing arran­ COMMUNITIES, gements in order to obtain these products with suspen­ sion of duties ; whereas recourse to these arrange­ ments involves examining whether the conditions Having regard to the Treaty establishing the European referred to in Article 5 ( 1 ) of Directive 69 / 73 / EEC are Economic Community, fulfilled ; whereas this examination must relate to the Community as currently constituted ; Having regard to Council Directive 69/73/ EEC of 4 March 1969 on the harmonization of provisions laid Whereas , in accordance with the timetable for tariff down by law, regulation or administrative action in respect of inward processing ('), as last amended by dismantling, products originating in EFTA States benefit, as a general rule , from a reduction to 20 % of Directive 76/ 1 19 / EEC (2), and in particular Article 29 thereof, the basic rate of customs duty upon importation into the Community as from 1 January 1976 ; whereas these customs duties are to be abolished by 1 July Having regard to the proposal from the Commission , 1977 for most of these products ; whereas this tariff dismantling results from the Agreements concluded Whereas, under the terms of Article 5 ( 1 ) of Directive between the European Economic Community and the 69/73/ EEC, the granting of the benefit of inward EFTA States ; whereas these Agreements were processing arrangements presupposes that such concluded with the said States by the following Regu­ lations : processing will contribute towards providing the most favourable conditions for the export of goods resulting from such processing without conflicting with essen­ — Austria : Regulation ( EEC) No 2836/72 (3 ), tial interests of producers within the Community ; — Sweden : Regulation ( EEC) No 2838 /72 (4 ), — Switzerland ; Regulation ( EEC) No 2840 /72 (5 ), — Iceland : Regulation ( EEC) No 2842/ 72 (6), Whereas undertakings in Denmark and the United — Portugal : Regulation ( EEC) No 2844/72 ( 7), Kingdom can obtain products originating in EFTA — Norway : Regulation ( EEC) No 1 69 1 / 73 (8), States free of duty without having to resort to the — Finland : Regulation EEC No 31 77 / 73 (9) ; inward processing arrangements ; (3 ) OJ No L 300 , 31 . 12 . 1972, p . 1 . Whereas, on the other hand , undertakings established (4 ) OJ No L 300 , 31 . 12 . 1972, p . 96 . (5 ) OJ No L 300 , 31 . 12 . 1972, p . 188 . within the Community as originally constituted and (b) OJ No L 301 , 31 . 12. 1972, p . 1 . ( 7) OJ No L 301 , 31 . 12 . 1972, p . 164 . (') OJ No L 58 , 8 . 3 . 1969 , p . 1 . (s) O'J No L 171 , 27 . 6. 1973 , p . 1 . (2 ) OJ No L 24, 30 . 1 . 1976, p . 58 . o OJ No L 328 , 28 . 11 . 1973 , p . 1 .

No L 199 /42 Official Journal of the European Communities 24 . 7 . 76

Whereas as a result of this reduction in basic duties Community in order to be processed there under recourse to the inward processing arrangements inward processing arrangements, these operations cannot conflict with the essential interests of shall be deemed, for the purposes of Article 5 ( 1 ) of producers within the Community ; whereas it appears Directive 69 / 73 / EEC, to contribute towards the most advisable to grant to undertakings in the Community favourable conditions for exports without conflicting as originally constituted and in Ireland treatment with essential interests of Community producers, equivalent to that available to undertakings in the provided that the rate of import duty was reduced as United Kingdom and Denmark ; whereas, to that end, from 1 January 1976 to 20 % of the basic rate of the conditions of Article 5 ( 1 ) of Directive 69 /73 / EEC customs duty applicable in the Member State in should be considered as being fulfilled ; which the processing takes place. Whereas the goods concerned are those falling within The origin of the goods shall be determined by Chapters 25 to 99 of the Common Customs Tariff in Protocol 3 annexed to each Agreement concluded so far as the rate of import duty is reduced as from 1 between the European Economic Community and the January 1976 to 20 % of the basic rate of customs States referred to in this paragraph , or by Commission duty defined in the abovementioned Agreements ; Regulation ( EEC) No 3184/74 of 6 December 1974 concerning the definition of the concept of 'origi­ Whereas this Directive must apply to products origi­ nating products' and methods of administrative coop­ nating in the Faroe Islands which , by virtue of eration for the application of the customs procedure Council Regulation ( EEC) No 2051 /74 of 1 August applicable to certain products originating in and 1974 on the customs procedure applicable to certain coming from the Faroe Islands (5). products originating in and coming from the Faroe Islands ('), as amended by Regulation ( EEC) No 2. Paragraph 1 shall not apply to goods on which a 1048 /76 (2), benefit from arrangements similar to variable component is levied on the basis of Article 5 those from which products originating in the EFTA ( 1 ) (b) of Regulation (EEC) No 1059/69 nor to the States benefit upon importation into the Community ; products listed in the Annex .

Whereas it is necessary to exclude from the scope of Article 2 this Directive those processed agricultural products on which a variable component is levied on the basis of ' 1 . Member States shall bring into force the Article 5 ( 1 ) (b) of Council Regulation ( EEC) No measures necessary to comply with this Directive not 1059 / 69 of 28 May 1969 laying down the trade arran­ later than 1 September 1976 and shall forthwith gements applicable to certain goods resulting from the inform the Commission thereof . processing of agricultural products (3 ), as last amended 2 . The Commission shall communicate this infor­ by Regulation ( EEC) No 3058 /75 (4) ; whereas these mation to the other Member States . products must be treated in the same way as the products falling within Chapters 17 to 24 of the Article 3 Common Customs Tariff to which this Directive does not apply ; This Directive shall apply until 30 June 1977 . Whereas the products listed in the Annex should also Article 4 be excluded from the proposed rules, This Directive is addressed to the Member States . HAS ADOPTED THIS DIRECTIVE : Done at Brussels , 20 July 1976 . Article 1 For the Council 1 . When goods falling within Chapters 25 to 99 of the Common Customs Tariff originating in Austria, The President Sweden , Switzerland, Iceland, Portugal , Norway, Finland or the Faroe Islands are introduced into the M. van der STOEL

(') OJ No L 212, 2 . 8 . 1974, p . 33 . (2 ) OJ No L 120 , 7 . 5 . 1976, p . 1 . (3) OJ No L 141 , 12. 6 . 1969 , p . 1 . (4 ) OJ No L 306, 26 . 11 . 1975, p . 3 . (5 ) OJ No L 344, 23 . 12 . 1974 , p . 1 .

24. 7 . 76 Official Journal of the European Communities No L 199/43

ANNEX

LIST OF PRODUCTS TO WHICH THE DIRECTIVE DOES NOT APPLY (Article 1 (2))

CCT heading No Description

CHAPTER 39 ARTIFICIAL RESINS AND PLASTIC MATERIALS, CELLULOSE ESTERS AND ETHERS AND ARTICLES THEREOF 50.09 Woven fabrics of silk or of waste silk other than noil 51.04 Woven fabrics of man-made fibres (continuous), including woven fabrics of monofil or strip of heading No 51.01 or 51.02 ex 53.11 Woven fabrics of sheep's or lambs' wool 55.07 Cotton gauze 73.10 Bars and rods (including wire rod), of iron or steel , hot-rolled, forged, extruded, cold-formed or cold-finished (including precision-made) ; hollow mining drill steel 73.12 Hoop and strip, of iron or steel, hot-rolled or cold-rolled 73.15 Alloy steel and high carbon steel in the forms mentioned in heading Nos 73.06 to 73.14 76.04 Aluminium 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 0-20 mm 76.06 Tubes and pipes and blanks therefor, of aluminium ; hollow bars of aluminium 76.07 Tube and pipe fittings (for example, joints, elbows, sockets and flanges), of aluminium 84.06 Internal combustion piston engines 84.62 Ball, roller or needle roller bearings 85.18 Electrical capacitors, fixed or variable