31976R3230

31 . 12 . 76 Official Journal of the European Communities No L 367/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 3230/76 of 21 December 1976 establishing indicative ceilings and Community supervision for imports of certain products originating in Austria (1977)

THE COUNCIL OF THE EUROPEAN Whereas this objective may be achieved by means of COMMUNITIES, an administrative procedure based on setting off imports of the products in question against the indicative ceilings at Community level, as and when these products are submitted to 'the customs auth­ Having regartd to the Treaty establishing the orities under cover of declarations that they have European Economic Community, and dn particular been made available for consumption ; whereas this Article 113 thereof, administrative procedure must make provision for the reintroduction of customs tariff duties as soon ais 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 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 progress of amounts set off against the indicative Whereas Articles 1 and 2 of Protocoll 1 annexed to ceilings and keep the Member States informed; this Agreement make provision for a specific time­ whereas this cooperation must be all the closer since table for the progressive abolition, of customs duties the Commission must be able to take adequate in respect of the products to which the Agreement measures to reintroduce customs tariff duties when­ applies ; whereas under Article 3 of that Protocol ever one of the ceilings ihas been readhed ; the imports of these products are limited to annual indicative ceilings above which the customs duties applicable to third countries may be reintroduced ; Whereas the trend of imports should' be followed for whereas, however, under Article 3 (b) the Community certain products (for which, under Article 3 of has to suspend the application of certain ceilings ; Protocol 1 , the Community has suspended the whereas, on the other hand, in the event of short­ application of ceilings and for products which are term economic difficulties, the Community may, not subject to the ceiling system ; whereas it is there­ under Article 3 (c) of Protocol 1 , maintain the ceiling fore desirable that imports of such products should amounts of the preceding year; whereas, however, be subject to supervision, application of this measure must be limited to prod­ ucts most affected by the short-term difficulties ; whereas, therefore, the ceilings to be applied in 1977 HAS ADOPTED THIS REGULATION : must be established ; whereas in this situation it is also necessary that the Commission ibe regularly in­ Article 1 formed of the trend of the imports of the products in question and, in consequence, it is necessary to subjeot these imports to supervision ; 1 . From 1 January until 31 December 1977, imports of products originating in Austria and indicated in Annex I to this Regulation shall be subject to indi­ 0 ) OJ No L 300, 31 . 12. 1972, p. 1 . cative ceilings and to Community supervision.

No L 367/2 Official Journal of the European Communities 31.12. 76

The description of the products referred to in the ments of the amounts set off diuring the preceding preceding subparagraphs, their tariff headings and month. They shalll, if the Commission so requests, statistic nunaibers and the levels of the indicative maike up such statements for periods of 10 days and ceilings are given in Annex I. forward them within five clear days of expiry of the preceding 10-day period. 2. Amounts shall be set off against the indicative ceilings as and when products are submitted to the Article 2 customs authorities under cover of a declaration that they have been made available for consumption and accompanied by a movement certificate conforming From 1 January until 31 Deoember 1977, imports to the rules contained in Protcol 3 of the Agreement. of the products referred to in Annex II which originate in Austria shall be subject to Community supervision. Goods shall be set off against the indicative ceiling only if the movement, certificate has been submitted Member States shall forward to the Commission not before the date on which customs duties are later than the 15th day of each month statements of reimposed. imports of the products in question effected during the preceding month; to this end, only products The reaching of a ceiling shall be determined at submitted to the customs authorities under cover Community level on the basis of imports set off of a declaration that they have been made available against it in the manner defined in the preceding for consumption and accompanied by a movement subparagraphs. certificate conforming to the rulles contained in Protocol 3 to the Agreement shall be taken into The Member States shalll periodically inform the consideration. Commission of imports effected in accordance with the above rules; such information shall be supplied Article 3 under the conditions laid down in paragraph 4.

For the implementation of this Regulation the 3. As soon as the ceilings have been reached, the Commission shall take all necessary measures in Commission may issue a Regulation reimposing the close cooperation with the Member States. customs duties provided for in Article 3 (f) of Protocol 1 to the Agreement until the end of the calendar year. Article 4

4. Memlber States shall forward to the Commission This Regulation shall enter into force on 1 January not later than the 15th day of each month state­ 1977 .

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

Done at Brussels, 21 December 1976.

For the Council The President A. P. L. M. M. van der STEE

31 . 12 . 76 Official Journal of the European Communities No L 367/3

ANNEX I

LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION IN 1977

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. £)ther : I Al — Excluding Kraftliner (a) and 48.01-08 , 09, 11 , 12, 17 013 Kraft paper for large bags (a) 13 , 17, 19, 25 , 26 , 29 , 33

ex E. Other : I A 2 — Bible paper (India paper), copying 48.01-58 , 61 , 62, 66 63 653 tissue ; other printing paper and other writing paper, not containing mech­ anical wood pulp or in which mech­ anical wood pulp does not represent more than 5% ( a) I A3 56 723 — Printing paper and writing paper, 48.01-64, 65 , 69 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 36 457 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 73.02-81 294

(a) Subject to compliance with the definitions given in Annex III.

No L 367/4 Official Journal of the European Communities 31 . 12 . 76

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

1 2 3 4 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 3 889 i1) 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 , 59 295 i1) 56, 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

(a) Subject to compliance with the definitions given in Annex III. i1) Including products covered by the ECSC-Treaty.

31 . 12 . 76 Official Journal of the European Communities No L 367/5

ANNEX II

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. I1) Including products covered by the ECSC Treaty.

No L 367/6 Official Journal of the European Communities 31 . 12 . 76

ANNEX 111

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°/o in the machine direction . I ex 48.01 E Other printing paper and other writing paper, not containing mechanical wood pulp or containing not more than 5°/o 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 steer 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 .