31978R0698

14 . 4 . 78 Official Journal of the European Communities No L 102/ 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 698 /78

of 20 March 1978

establishing indicative ceilings and Community supervision for imports of certain products originating in Austria ( 1978 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , entered with customs authorities for home use ; whereas this administrative procedure must make provision for the reintroduction of Common Customs Tariff duties as Having regard to the Treaty establishing the European soon as the ceilings have been reached at Community Economic Community, and in particular Article 113 level ; thereof,

Whereas this administrative procedure requires close Having regard to the proposal from the Commission, and particularly rapid cooperation between the Member States and the Commission ; whereas the latter must, in Whereas an Agreement ( J ) between the European particular, be able to follow the progress of amounts set Economic Community and the Republic of Austria was off against the indicative ceilings and keep the Member signed on 22 July 1972 ; States informed ; whereas this cooperation must be all the closer since the Commission must be able to take adequate measures to reintroduce Common Customs Whereas Articles 1 and 2 of Protocol 1 annexed to that Tariff duties whenever one of the ceilings has been Agreement make provision for a specific timetable for reached ; the progressive abolition of customs duties in respect of the products to which the Agreement applies; whereas under Article 3 of that Protocol the imports of these Whereas the trend of imports should be followed for products are limited to annual indicative ceilings above certain products for which, under Article 3 of Proto­ which the customs duties applicable to third countries col 1 , the Community has suspended the application of may be reintroduced ; whereas, however, under Article 3 ceilings and for products which are not subject to the (b), the Community has to suspend the application of ceiling system ; whereas it is therefore desirable that certain ceilings ; whereas, on the other hand, in the event imports of such products should be subject to supervi­ of short-term economic difficulties, the Community sion , may, under Article 3 (c) of Protocol 1 , maintain the ceil­ ing amounts of the preceding year; whereas, however, application of this measure must be limited to products most affected by the short-term difficulties; whereas, therefore, the ceilings to be applied in 1978 must be HAS ADOPTED THIS REGULATION: established ; whereas in this situation it is also necessary that the Commission be regularly informed of the trend Article 1 of the imports of the products in question and, in con­ sequence, it is necessary to subject these imports to supervision ; 1 . From 1 January to 31 December 1978 , imports of products originating in Austria and indicated in Annex I to this Regulation shall be subject to indicative ceilings Whereas this objective may be achieved by means of an and to Community supervision. 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 The description of the products referred to in the pre­ ceding subparagraphs, their tariff headings and statisti­ cal numbers and the levels of the indicative ceilings are (!) OJ No L 300, 31 . 12 . 1972 , p. 1 . given in Annex I.

No L 102 /2 Official Journal of the European Communities 14 . 4 . 78

2. Amounts shall be set off against the indicative ceil­ them within five clear days of expiry of the preceding ings as and when the goods are entered with customs 10-day period. authorities for home use and accompanied by a move­ ment certificate conforming to the rules contained in Protocol 3 to the Agreement. Article 2

From 1 January to 31 December 1978 , imports of the Goods shall be set off against the indicative ceiling only products referred to in Annex II which originate in if the movement certificate has been submitted before Austria shall be subject to Community supervision. the date on which customs duties are reimposed . Member States shall forward to the Commission, not later than the 15th day of each month, statements of The reaching of a ceiling shall be determined at Com­ imports of the products in question effected during the munity level on the basis of imports set off against it in preceding month ; to this end, only products submitted the manner defined in the preceding subparagraphs . to the customs authorities under cover of an entry for home use and accompanied by a movement certificate conforming to the rules contained in Protocol 3 to the The Member States shall periodically inform the Com­ Agreement shall be taken into consideration . mission of imports effected in accordance with the above rules; such information shall be supplied under the conditions laid down in paragraph 4 . Article 3

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

4. Member States shall forward to the Commission, Article 4 not later than the 15th day of each month, statements of the amounts set off during the preceding month. This Regulation shall enter force on the third day fol­ They shall, if the Commission so requests, make up lowing its publication in the Official Journal of the such statements for periods of 10 days and forward European Communities.

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

Done at Brussels , 20 March 1978 .

For the Council

The President

K. HEINESEN

14 . 4 . 78 Official Journal of the European Communities No L 102 /3

ANNEX I

LIST OF PRODUCTS SUBJECT TO INDICATIVE CEILINGS UPON IMPORTATION IN 1978

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

1 2 3 4 5

48.01 Paper and paperboard ( including cellulose wadding), in rolls or sheets:

C. Kraft paper and kraft board: ex II . Other : I A 1 — Excluding kraft liner paper ( a) 48.01-08 , 09 , 11 , 12 , Ceiling and kraft paper for large-ca­ 13 , 17 , 19 , 25 , delayed pacity sacks ( a) 26 , 29 , 33

ex F. Other : I A 2 48.01-58 , 61 , 62 , 66 66 836 — Bible paper, manifold ( thin typing) paper; printing paper and writing paper, containing not more than 5% of mechanical wood pulp ( a) I A 3 — Printing paper and writing paper, 48.01-64 , 65 , 69 59 559 containing more than 5% of mechanical wood pulp ( a), excluding manifold ( thin typing) paper

48.07 Paper and paperboard, impregnated, coated, surface-coloured, surface-decorated or printed (not constituting printed matter within Chapter 49 ), in rolls or sheets :

C. Other : I A 4 38 280 — Coated printing or writing paper 48.07-57, 58 , 59

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 18 717 48.15-10, 21 , 29, 30, 40, 50, 61 , 65 , 95 , 99

73.02 Ferro-alloys :

ex G. Other : I A 7 — Ferro-molybdenum 73.02-81 309

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

No L 102 /4 Official Journal of the European Communities 14 . 4 . 78

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

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 73.71-14 , 24 , 54 , 94 — High-speed ( a ) 4 083 (!) 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 , 62 260 (!) 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 . (') Including products covered by the ECSC Treaty .

14. 4 . 78 Official Journal of the European Communities No L 102/5

ANNEX II

LIST OF PRODUCTS REFERRED TO IN ARTICLE 2

Order CCT Description NIMEXE code No heading No

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), in rolls or sheets : ex F. Other : II A 2 — Other, excluding cellulose wadding, webs of cellulose 48.01-41 , 43 , 45 , 52, fibres (soft tissues), semi-chemical fluting 53 , 54 , 55 , 56 , paper ( a ) and sulphite wrapping and packaging 77, 82 , 84, 86 , paper ( a) 88 , 91 , 93 , 95 , 97

56.01 Man-made fibres ( discontinuous), not carded, combed or otherwise prepared for spinning: II A 3 B. Regenerated textile fibres 56.01-21 , 23 , 25 , 29

73.02 Ferro-alloys : ex G. Other : II A 4 — 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 (*) ( 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 . (*) Including products covered by the ECSC Treaty .

No L 102 /6 Official Journal of the European Communities 14 . 4 . 78

ANNEX III

DEFINITIONS

ex 48.01 C II Kraft liner 'Kraft liner' 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-capacity sacks 'Kraft paper for large-capacity 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 F Printing paper and writing paper, containing not more than 5% of mechan­ ical wood pulp 'Printing paper and writing paper, containing not more than 5% of mechan­ ical wood pulp' means paper other than machine-glazed, used for printing or writing, which contains not more than 5% of mechanical wood pulp calcu­ lated on total fibre content.

ex 48.01 F 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 F Semi-chemical fluting paper 'Semi-chemical fluting paper' 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 resist­ ance exceeding 20 kgf.

ex 48.01 F Sulphite wrapping and packaging paper 'Sulphite wrapping and packaging paper' means machine-glazed paper, con­ taining 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 Mul­ len 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 (wolf­ ram), 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.