31976R3235

31 . 12. 76 Official Journal of the European Communities No L 367/25

COUNCIL REGULATION (EEC) No 3235/76

of 21 December 1976

establishing indicative ceilings and Community supervision for imports of certain products originating in Sweden ( 1977)

THE COUNCIL OF THE EUROPEAN administrative procedure must make provision for COMMUNITIES, the reintroductuon of customs tariff dudes as soon as the ceilings have been reached at Community level ; Having regard to the Trealty 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 ; whereas the Having regard to the proposal from the Commission, latter must, in particular, be able to follow the progress of amounts set off against the indicaitive ceilings and keep tihe Member States informed; Whereas an Agreement (*) between the European whereas this cooperation must be all the closer since Economic Community and the Kingdom of Sweden 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 Artides 1 and 2 of Protocol 1 annexed to this Agreement make provision for a specific Whereas tihe trend of imports should be followed timetable for the progressive abolition of customs for certain products for which, under Article 3 of duties in respect of the products to which the Protocol 1 , the Community has suspended the Agreement applies ; whereas under Article 3 of that application of ceilings and (for products which are Protocol the imports of these products are limited not subject to the coiling system ; whereas it is to annual indicative ceilings above wlhich the customs therefore desirable that imports of such products duties applicable to third countries may be should be subject to supervision, reintroduced ; whereas, however, under Article 3 (b) the Communoity has to suspend the application of certain ceilings ; whereas, on the other hand1, in the event of short-term economic difficulties, the Com­ HAS ADOPTED THIS REGULATION : munity may, under Article 3 (c) of Protocol 1 , maintain the ceiling amounts of the (preceding year; whereas, (however, application oif this measure must Article 1 be limited to products most affected by the short­ term difficulties ; whereas, therefore, tihe ceilings to be applied in 1977 must be established; whereas in 1 . From 1 January until 31 December 1977, imports this situation it iis also necessary that die Com­ of products originating in Sweden and indicated in mission be regularly informed of the trend of the Annex I (to this Regulation shall be subject to imports of the products in question and, in conse­ indicative cailinigs and to Community supervision. quence, it is necessary to subject these imports to supervision ; The description of the products referred to in tihe preceding subparagraphs, their tariff headings and statistic numbers and the levels of the indicative Whereas this objective may Ibe achieved by means of ceilings are given in Annex I. an administrative procedure based on setting off imports of the products in question a/gainst the indicative ceilings at Community level, as and when 2. Amounts sihall be set off against the indicative these products are submitted to the customs ceilings as and when products are submitted to the customs authorities under cover of a declaration authorities under cover of declarations that they have been made available for consumption ; whereas this that they have been made available for consumption and accompanied by a movement certificate conforming to the rules contained in Protocol 3 to (») OJ No L 300, 31 . 12. 1972, p . 96. the Agreement.

No L 367/26 Official Journal of the European Communities 31 . 12. 76

Goods shall be set off against the indicative ceiling Article 2 only if the movement certificate has been submitted before the date on which customs duties are From 1 January until 31 December 1977, imports reimposed. of the products referred to in Annex II wihich originate in Sweden shall be subjeat Co Community The reaching oif a ceiling shall be determined at supervision. Community level on the basis of imports set off against it in the manner defined in the preceding Member States shall forward to tlhe Commission not subparagraphs. later than the 15th day of each month statements of imports of the products in question effected during The Member States shall periodically inform the the preceding month ; to this end, only products Commission of imports effected in accordance with submitted to the customs authorities under cover the above rules ; such information shall be supplied of a declaration that tlhey have 'been made available under the conditions laid down in paragraph 4. for consumption and accompanied by a movement certificate conforming to the rules contained in Protoaol 3 to the Agreement shall be taken inito 3 . As soon as the ceilings have been reached, the consideration. Commission may issue a Regulation reimposing the customs duties provided for in Article 3 (f) of Article 3 Protocol 1 to the Agreement until the end of the calendar year. For the implementation of this Regulation the Com­ mission shall take all necessary measures in close 4. Member States shall forward to the Commission cooperation with the Member States. not later than the 15th day of each month statements of the amounts set off during the preceding month. Article 4 They shall, if the Commission so requests, make up such statements for periods of 10 days and forward them within five clear days of expiry of the preceding This Regulation shall enter into force on 10-day period. 1 January 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 367/27

ANNEX I

LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION IN 1977

Level Order CCT of ceiling No Description NIMEXE code. 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 :

II . Other : IS 1 — Kraftliner (a ) 48.01-15 , 21 , 27, 31 420 942 I S 2 — Kraft paper for large bags (a ) 48.01-16, 23 , 28 491 697 I S 3 — Other 48.01-08 , 09, 11 , 12, 224 452 13 , 17, 19, 25 , 26, 29, 33

ex E. Other : I S 4 — Bible paper (India paper), copying 48.01-58 , 61 , 62, 66 32 312 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 S 5 — Printing paper and writing paper, 48.01-64, 65 , 69 130 802 containing mechanical wood pulp (a), excluding copying tissue I S 6 — Fluting paper for corrugated paper­ 48.01-75 182 760 board (a ) I S 7 — Other, excluding cellulose wadding 48.01-41 , 43 , 45 , 52, 167 281 and tissues 53 , 54, 55, 56, 77, 82, 84, 86, 88, 91 , 93 , 95, 97

IS 8 48.04 Composite paper or paperboard (made by 48.04 - all Nos 22 342 sticking flat layers together with an adhesive), not surface-coated or impregnated, whether or not internally reinforced, in rolls or sheets

48.05 Paper and paperboard, corrugated (with or without flat surface sheets), creped, crinkled, embossed or perforated, in rolls or sheets :

I S 9 B. Other 48.05-21 , 29, 30, 50, 51 729 80

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

No L 367/28 Official Journal of the European Communities 31 . 12 . 76

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

1 2 3 4 5

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 : IS 10 — Coated printing or writing paper 48.07-57, 58 , 59 42 905 I S U — Other 48.07-55 , 56 , 64, 65 , 114 789 66, 68 , 70, 81 , 85, 91 , 97, 99

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

I S 12 B. Other 48.15-10, 21 , 29, 30, 12 613 40, 50, 61 , 65 , 95 , 99

I S 13 48.16 Boxes, bags and other packing containers, of 48.16 - all Nos 22 334 paper or paperboard

48.21 Other articles of paper pulp , paper, paperboard or cellulose wadding :

B. Napkins and napkinliners , for babies , put 48.21-11 I S 14 ' up for retail sale • 13 840 C. Other 48.21-15, 21 , 25 , 31 , 33 , 37, 40, 50, 60 , 70, 80, 91

73.02 Ferro-alloys :

IS 15 E. Ferro-chromium and ferro-silico-chromium 73.02-51 , 55 22 119

G. Other : I S 16 — Ferro-molybdenum 73.02-81 ceiling delayed

73.15 Alloy steel and high carbon steel in the forms mentioned in heading Nos 73.06 to 73.14 :

B. Alloy steel : I S 17 — Stainless or refractory (a) 73.71-13 , 23 , 53 , 93 86 206 0 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

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

31 . 12 . 76 Official Journal of the European Communities No L 367/29

Order CCT Level No heading No Description NIMF.XE code of ceiling (metric tons)

1 I 2 I 3 I 4 I 5

73.15 IS 18 (con'd) High speed (a) 73.71-14, 24, 54, 94 ceiling 73.73-14, 24, 34, 54 delayed 73.74-54 73.75-24, 34, 44, 54, 64, 84 73.76-14

IS 19 Other 73.71-19, 21 , 29, 55, 83 640 (x) 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

73.18 Tubes and pipes and blanks therefor, of iron (other than of cast iron) or steel, excluding high-pressure hydro-electric conduits : ex C. Other : I S 20 73.18-44, 51 , 66, 76 18 504 — Tubes and pipes, of stainless or refractory steel (a)

81.04 Other base metals , unwrought or wrought, and articles thereof ; cermets, unwrought or wrought, and articles thereof :

K. Titanium : I S 21 II . Other 81.04-58 46

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

No L 367/30 Official Journal of the European Communities 31 . 12. 76

ANNEX II

LIST OF PRODUCTS REFERRED TO IN ARTICLE 2

0 Order CCT No heading No Description NIMEXE code

1 2 3 4

IIS 1 44.15 Plywood , blockboard, laminboard, battenboard and similar 44.15 - all Nos laminated wood products (including veneered panels and sheets); inlaid wood and wood marquetry

II S 2 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 S 3 48.01-71 , 73 — Sulphite paper· for wrapping purposes (a)

II S 4 48.03 Parchment or greaseproof paper and paperboard, and imitations 48.03 - all Nos thereof, and glazed transparent paper, in rolls or sheets

II S 5 48.09 Building , board of wood pulp or of vegetable fibre, whether 48.09 - all Nos or not bonded with natural or artificial resins or with similar binders

73.02 Ferro-alloys :

A. Ferro-manganese : II S 6 II . Other • 73.02-19, 40

D. Ferro-silico-manganese

II S 7 C. Ferro-silicon 73.02-30

G. Other : IIS 8 — Ferro-vanadium 73.02-83 II S 9 — Others excluding ferro-molybdenum and ferro-vana­ 73.02-60, 70, 98 dium

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

31.12.76 Official Journal of the European Communities No L 367/31

Order CCT No heading No Description NIMEXE code

1 2 3 4

73.15 Alloy steel and high carbon steel in the form mentioned in heading Nos 73.06 to 73.14 : IIS 10 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

73.18 Tubes and pipes and blanks therefor, of iron (other than of cast iron) or steel, excluding high-pressuré hydro-electric conduits : B. Straight and of uniform wall-thickness, other than 73.18-15 those falling in A above , of a maximum length of 4*50 m , of alloy steel containing by weight not less than 0·90% but not more than 1*15% of carbon , not less than 0·50% but not more than 2% of chromium and not more than 0*50% of molybdenum

II S 11 ex C. Other : — Tubes and pipes , straight, and of uniform wall­ 73.18-21 thickness, other than those falling in A above, of a length of more than 4-50 m , of alloy steel con­ taining by weight not less than 0-90 % but not more than 1-15% of carbon , not less than 0-50% but not more than 2 % of chromium and not more than 0·50% of molybdenum

76.01 Unwrought aluminium , aluminium waste and scrap : II S 12 A. Unwrought 76.01-11 , 15

81.04 Other base metals, unwrought or wrought, and articles thereof ; cermets , unwrought or wrought, and articles thereof : K. Titanium : IIS 13 I. Unwrought, waste and scrap 81.04-56

(I) Including, products covered by the ECSC Treaty.

No L 367/32 Official Journal of the European Communities 31 . 12.76

ANNEX 111

DEFINITIONS

cx 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°/o 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°/o of mechanical wood pulp 'Other printing paper and other writing paper, not containing mechanical wood pulp or containing not more than 5°/o of mechanical wood pulp* means paper other than machine-glazed, used for printing or writing, which contains not more than 5°/o 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°/o 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°/o 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 C '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.