31976R0087

24 . 1 . 76 Official Journal of the European Communities No L 16/ 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 87/76

of 20 January 1976

establishing indicative ceilings and Community supervision for imports of certain products originating in Austria ( 1976)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas this objective may be achieved by means of an administrative procedure based on setting off imports of the products in question against the indicative ceilings at Community level, as and when Having regard to the Treaty establishing the Euro­ these products are submitted to the customs auth­ pean Economic Community , and in particular orities under cover of declarations that they have Article 113 thereof, been made available for consumption ; whereas this administrative procedure must make provision for the reintroduction of customs tariff duties as soon as Having regard to the proposal from the Commission, the ceilings have been reached at Community level ;

Whereas an Agreement between the European Whereas this administrative procedure requires close Economic Community and the Republic of Austria (x ) and particularly rapid cooperation between the was signed on 22 July 1972 ; Member States and the Commission ; whereas the latter must, in particular, be able to follow the pro­ gress of amounts set off against the indicative ceilings Whereas Articles 1 and 2 of Protocol 1 annexed to and keep the Member States informed; whereas this this Agreement make provision for a specific time­ cooperation must be all the closer since the Com­ table for the progressive abolition of customs duties mission must be able to take adequate measures to in respect of the products to which the Agreement re-introduce customs tariff duties whenever one of the applies ; whereas under Article 3 of that Protocol the ceilings has been reached ; imports of these products are limited to annual indicative ceilings above which the customs duties applicable to third countries may be re-introduced ; whereas , however, under Article 3 ( b ) the Community Whereas the trend of imports should be followed has to suspend the application of certain ceilings ; for certain products for which, under Article 3 of whereas , on the other hand , in the event of short­ Protocol 1 , the Community has suspended the term economic difficulties, the Community may, application of ceilings and for products which are under Article 3(c) of Protocol 1 , maintain the ceiling not subject to the ceiling system ; whereas it is there­ amounts of the preceding year; whereas, however, fore desirable that imports of such products should application of this measure must be limited to prod­ be subject to supervision , ucts most affected by the short-term difficulties ; whereas, therefore, the ceilings to be applied in 1976 must be established ; whereas in this situation it is also necessary that the Commission be regularly HAS ADOPTED THIS REGULATION : informed of the trend of the imports of the products in question and, in consequence , it is necessary to subject these imports to supervision ; Article 1

1 . From 1 January until 31 December 1976, imports H OJ No L 300, 31 . 12 . 1972, p . 1 . of products originating in Austria and indicated in

No L 16/2 Official Journal of the European Communities 24. 1 . 76

Annex I to this Regulation shall be subject to 4. Member States shall forward to the Commission indicative ceilings and to Community supervision. not later than the 15th day of each month statements of the amounts set off during the preceding month. The description of the products referred to in the They shall, if the Commission so requests, make preceding subparagraphs, their tariff headings and up such statements for periods of 10 days and for­ statistic numbers and the levels of the indicative ward them within five clear days of expiry of the ceilings are given in Annex I. preceding 10-day period.

Article 2 2. Amounts shall be set off against the indicative ceilings as and when products are submitted to the From 1 January until 31 December 1976, imports customs authorities under cover of a declaration that of the products referred to in Annex II which they have been made available for consumption and originate in Austria shall be subject to Community accompanied by a movement certificate conforming supervision . to the rules contained in Protocol 3 to the Agreement.

Member States shall forward to the Commission not Goods shall be set off against the indicative ceiling later than the 15th day of each month statements of only if the movement certificate has been submitted before the date on which customs duties are imports of the products in question effected during the preceding month; to this end, only products reimposed. submitted to the customs authorities under cover of a declaration that they have been made available The reaching of a ceiling shall be determined at for consumption and accompanied by a movement Community level on the basis of imports set off certificate conforming to the rules contained in against it in the manner defined in the preceding Protocol 3 to the Agreement shall be taken into subparagraphs. consideration .

The Member States shall periodically inform the Article 3 Commission of imports effected in accordance with the above rules ; such information shall be supplied For the implementation of this Regulation the Com­ under the conditions laid down in paragraph 4. mission shall take all necessary measures in close cooperation with the Member States. 3 . As soon as the ceilings have been reached, the Commission may issue a Regulation reimposing the Article 4 customs duties provided for in Article 3 (f) of Protocol 1 to the Agreement until the end of the This Regulation shall enter into force on 1 January calendar year. 1976 .

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

Done at Brussels, 20 January 1976.

For the Council

The President

G. THORN

24 . 1 . 76 Official Journal of the European Communities No L 16/3

ANNEX I

LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION IN 1976

Order CCT Level No heading No Description Nimexe code of ceiling (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 : I Al — Excluding Kraftliner (a) and 48.01-08 , 09 , 11 , 12, 16 203 Kraft paper for large bags ( a) 13 , 17, 19 , 25 , 26, 27, 28 , 29 , 33 ex E. Other : I A 2 — Bible paper (India paper), copying 48.01-58 , 61 , 62, 66 60 622 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°/o (a) I A3 — Printing paper and writing paper, 48.01-64, 68 54 022 containing mechanical wood pulp ( a), excluding copying tissue

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 A4 — Coated printing or writing paper 48.07-57, 58 , 59 34 721 I A 5 — Other 48.07-55 , 56, 64, 65 , 12 687 66, 68 , 70, 81 , 85 , 91 , 97, 99

48.15 Other paper and paperboard, cut to size or shape : I A 6 B. Other 48.15-10, 21 , 29, 30, 17 826 40, 50, 61 , 65, 95, 99

73.02 Ferro-alloys : ex G. Other : I A 7 — Ferro-molybdenum 73.02-81 280

(a) Subject to compliance with the definitions given in Annex 111«

No L 16/4 Official Journal of the European Communities 24. 1 . 76

Order CCT Level No Description Nimexe code of ceiling heading No (metric tons)

1 I 2 I 3 I 4 I 5

73.15 Alloy steel and high-carbon steel in the forms mentioned in : heading Nos 73.06 to 73.14 : B. Alloy steel : I A 8 — High-speed ( a ) 73.71-14 , 24 , 54 , 94 3 704 0 73.73-14 , 24 , 34 , 54 73.74-54 73.75-24, 34 , 44 , 54 , 64 , 84 73.76-14

I A 9 Other 73.71-19 , 21 , 29 , 55 , 56 471 (') 56 , 59 , 99 73.72-11 , 19 , 39 73.73-19 , 25 , 26 , 29 , 35 , 36 , 39 , 49 , 55 , 59 , 72 , 74 , QQo y 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

( a ) Subject to compliance with the definitions given in Annex III . (*) Including products covered by the ECSC Treaty .

24 . 1 . 76 Official Journal of the European Communities No L 16/5

ANNEX U

LIST OF PRODUCTS REFERRED TO IN ARTICLE 2

Order CCT No heading No Description Nimexe code

1 2 3 4

II A 1 44.18 Reconstituted wood, being wood shavings, wood chips, 44.18-all Nos sawdust, wood flour or other ligneous waste agglomerated with natural or artificial resins or other organic binding substances, in sheets, blocks or the like

48.01 Paper and paperboard (including cellulose wadding), machine made, in rolls or sheets : ex E. Other : II A 2 — Other, excluding cellulose wadding, tissues, fluting 48.01-41,43,45,52, paper for corrugated paperboard ( a) and sulphite 53 , 54, 55 , 56, paper for wrapping purposes ( a) 77 , 82, 84, 86, 88 , 91 , 93 , 95 , 97

56.01 Man-made fibres (discontinuous), not carded, combed or otherwise prepared for spinning : II A3 B. Regenerated textile fibres 56.01-21 , 23 , 25 , 29

73.02 Ferro-alloys : ex G. Other : II A4 — Ferro-vanadium 73.02-83

73.15 Alloy steel and high carbon steel in the forms mentioned in heading Nos 73.06 to 73.14 : II A 5 A. High carbon steel 73.61-10, 20 , 50 , 90 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 : II A 6 — Stainless or refractory (1 ) (a) 73.71-13 , 23 , 53 , 93 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

76.01 Unwrought aluminium ; aluminium waste and scrap : II A 7 A. Unwrought 76.01-11 , 15

(a) Subject to compliance with the definitions given in Annex III. P) Including products covered by the ECSC Treaty.

No L 16/6 Official Journal of the European Communities 24 . 1 . 76

ANNEX III

DEFINITIONS

ex 48.01 C II Kraftliner 'Kraftliner' means machine-finished or machine-glazed paper or paperboard, in rolls , containing not less than 80% 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 .

ex 48.01 C II Kraft paper for large sacks 'Kraft paper for large sacks' means machine-finished paper, in rolls> containing not less than 80% 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 4-5% in the cross direction and of more than 2% 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 mechanical wood pulp ' Other printing paper and other writing paper, not containing mechanical wood pulp or containing not more than 5% of mechanical wood pulp' means paper other than machine-glazed, used for printing or writing, which contains not more than 5% of mechanical 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' means 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' means paper, in rolls , containing not less than 65% 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' means machine-glazed paper, containing more than 40% of chemical bisulphite wood pulp, calculated on total fibre content, having an ash content of not more than 8% and having a Mullen burst ratio of not less than 15 .

ex 73.15 B Alloy steel, stainless or heat-resisting 'Alloy steel , stainless or heat-resisting' means 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 alloy steel ' High-speed alloy steel ' means alloy steel containing, with or without other alloy elements, at least two of the following three elements : tungsten (wolfram), molybdenum and vanadium with a total content, by weight, of not less than 7 % of these elements taken together, and containing more than 0*6% , by weight, of carbon .