Avis juridique important

Council Regulation (EEC) No 2800/78 of 27 November 1978 amending Regulation (EEC) No 950/68 on the Common Customs Tariff Official Journal L 335 , 01/12/1978 P. 0001

++++ ( 1 ) OJ N L 172 , 22 . 7 . 1968 , P . 1 . ( 2 ) OJ N L 333 , 30 . 11 . 1978 , P . 7 . ( 3 ) OJ N L 333 , 30 . 11 . 1978 , P . 5 . ( 4 ) OJ N L 243 , 29 . 10 . 1971 , P . 29 . ( 5 ) OJ N L 262 , 27 . 9 . 1976 , P . 204 . COUNCIL REGULATION ( EEC ) N 2800/78 OF 27 NOVEMBER 1978 AMENDING REGULATION ( EEC ) N 950/68 ON THE COMMON CUSTOMS TARIFF THE COUNCIL OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 28 AND 113 THEREOF , HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION , WHEREAS , UNDER THE AGREEMENT SIGNED WITH THIRD COUNTRIES AS A RESULT OF THE NEGOTIATIONS CARRIED OUT PURSUANT TO ARTICLE XXIV ( 6 ) OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE , AS CONCLUDED BY THE COUNCIL DECISION OF 20 JULY 1974 , THE EUROPEAN ECONOMIC COMMUNITY HAS UNDERTAKEN TO REDUCE OR AMEND CUSTOMS DUTIES FOR VARIOUS PRODUCTS ; WHEREAS FOR A CERTAIN RANGE OF PRODUCTS THE REDUCTION OR AMENDMENT OF THE CUSTOMS DUTY IS TO APPLY FROM 1 JANUARY 1979 ; WHEREAS IT IS EXPEDIENT , THEREFORE , IN ORDER TO ENSURE UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF , TO SPECIFY IN COUNCIL REGULATION ( EEC ) N 950/68 OF 28 JUNE 1968 ON THE COMMON CUSTOMS TARIFF ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) N 2780/78 ( 2 ) , THE CONVENTIONAL DUTIES APPLICABLE TO THE SAID CATEGORY OF PRODUCTS ; WHEREAS , IN ORDER TO ENSURE THE CORRECT AND UNIFORM APPLICATION OF AGREEMENTS CONCERNING TRADE IN TEXTILE PRODUCTS BETWEEN THE COMMUNITY AND VARIOUS THIRD COUNTRIES , IT APPEARS APPROPRIATE TO SET OUT IN THE COMMON CUSTOMS TARIFF THE NOMENCLATURE RELATING TO VARIOUS STATISTICAL HEADINGS AND SUBHEADINGS OF THE SAID PRODUCTS ; WHEREAS IT IS NECESSARY TO TAKE ACCOUNT IN THE COMMON CUSTOMS TARIFF OF THE PROVISIONS OF COUNCIL REGULATION ( EEC ) N 2779/78 OF 23 NOVEMBER 1978 ON THE PROCEDURE FOR APPLYING THE EUROPEAN UNIT OF ACCOUNT ( EUA ) TO LEGAL ACTS ADOPTED IN THE CUSTOMS SPHERE ( 3 ) , AND IN PARTICULAR OF ARTICLE 2 THEREOF ; WHEREAS GENERAL RULE C 3 OF SECTION I OF PART I OF THE PRELIMINARY PROVISIONS OF THE COMMON CUSTOMS TARIFF MUST THEREFORE BE AMENDED IN ACCORDANCE WITH THE PROVISIONS OF THE ABOVEMENTIONED ARTICLE 2 AND THROUGHOUT THE COMMON CUSTOMS TARIFF THE SYMBOL " U . A . " MUST BE REPLACED BY THE SYMBOL " EUA " IN ALL CASES MENTIONED IN ARTICLE 2 OF THE ABOVEMENTIONED REGULATION , AND , WITH REGARD TO THE CONVERSION INTO NATIONAL CURRENCIES OF THE EUROPEAN UNIT OF ACCOUNT IT IS NECESSARY , MOREOVER , TO TAKE INTO ACCOUNT THE PROVISIONS OF PARAGRAPHS 2 AND 3 OF THAT ARTICLE ; WHEREAS FOR CERTAIN HEADINGS OR CHAPTER NOTES IT IS NECESSARY TO INTRODUCE AMENDMENTS WITH THE OBJECT OF ENSURING UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF ; WHEREAS , MOREOVER , A CERTAIN NUMBER OF DRAFTING AMENDMENTS IS JUSTIFIED FOR THE PURPOSE OF IMPROVING THE COMMON CUSTOMS TARIFF ; WHEREAS CERTAIN REGULATIONS ON THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS PROVIDE THAT THE TARIFF NOMENCLATURE RESULTING FROM THEIR APPLICATION SHALL BE INCLUDED IN THE COMMON CUSTOMS TARIFF AND / OR AMEND CUSTOMS DUTIES ; WHEREAS IT IS THEREFORE APPROPRIATE TO INCLUDE IN THIS REGULATION ALL THE AMENDMENTS RESULTING FROM REGULATIONS ADOPTED UNDER THE COMMON AGRICULTURAL POLICY ; WHEREAS , IN ORDER TO TAKE ACCOUNT OF COUNCIL DIRECTIVE 71/354/EEC OF 18 OCTOBER 1971 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO UNITS OF MEASUREMENT ( 4 ) , AS LAST AMENDED BY DIRECTIVE 76/770/EEC ( 5 ) , IT IS NECESSARY TO AMEND THE TEXT OF CERTAIN NOTES TO CHAPTER 27 OF THE COMMON CUSTOMS TARIFF ; WHEREAS IT IS APPROPRIATE , FOR THE SAKE OF CLARITY , TO BRING THE WHOLE OF THE COMMON CUSTOMS TARIFF UP TO DATE ; WHEREAS , FOR THIS PURPOSE , IT IS NECESSARY TO COLLECT IN A SINGLE TEXT NOT ONLY THOSE PARTS WHICH ARE AMENDED WITH EFFECT FROM 1 JANUARY 1979 BUT ALSO THOSE WHICH HAVE ALREADY BEEN AMENDED AND THOSE WHICH REMAIN UNCHANGED ; WHEREAS , ALTHOUGH TEMPORARY TARIFF AMENDMENTS AND THE PREFERENTIAL SYSTEMS RESULTING FROM THE VARIOUS ACTS ADOPTED BY THE COMMUNITY FORM AN INTEGRAL PART OF THE COMMON CUSTOMS TARIFF , IT SEEMS APPROPRIATE NOT TO INCLUDE THEM IN THIS REGULATION ; WHEREAS THIS REGULATION DOES NOT APPLY TO PRODUCTS COVERED BY THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , ALTHOUGH THE NOMENCLATURE AND THE CONVENTIONAL DUTIES FOR THESE PRODUCTS ARE INCLUDED , FOR INFORMATION PURPOSES , IN THE SCHEDULE OF CUSTOMS DUTIES IN ORDER TO MAKE THE LATTER EASIER TO UNDERSTAND , HAS ADOPTED THIS REGULATION : ARTICLE 1 THE ANNEX HEADED " COMMON CUSTOMS TARIFF " TO REGULATION ( EEC ) N 950/68 IS HEREBY REPLACED BY THE ANNEX TO THIS REGULATION . ARTICLE 2 THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1979 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 27 NOVEMBER 1978 . FOR THE COUNCIL THE PRESIDENT H . EHRENBERG ANNEX : SEE O.J . N 335 OF 1 . 12 . 78

++++

( 1 ) OJ N L 172 , 22 . 7 . 1968 , P . 1 .

( 2 ) OJ N L 333 , 30 . 11 . 1978 , P . 7 .

( 3 ) OJ N L 333 , 30 . 11 . 1978 , P . 5 .

( 4 ) OJ N L 243 , 29 . 10 . 1971 , P . 29 .

( 5 ) OJ N L 262 , 27 . 9 . 1976 , P . 204 .

COUNCIL REGULATION ( EEC ) N 2800/78

OF 27 NOVEMBER 1978

AMENDING REGULATION ( EEC ) N 950/68 ON THE COMMON CUSTOMS TARIFF

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 28 AND 113 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS , UNDER THE AGREEMENT SIGNED WITH THIRD COUNTRIES AS A RESULT OF THE NEGOTIATIONS CARRIED OUT PURSUANT TO ARTICLE XXIV ( 6 ) OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE , AS CONCLUDED BY THE COUNCIL DECISION OF 20 JULY 1974 , THE EUROPEAN ECONOMIC COMMUNITY HAS UNDERTAKEN TO REDUCE OR AMEND CUSTOMS DUTIES FOR VARIOUS PRODUCTS ; WHEREAS FOR A CERTAIN RANGE OF PRODUCTS THE REDUCTION OR AMENDMENT OF THE CUSTOMS DUTY IS TO APPLY FROM 1 JANUARY 1979 ; WHEREAS IT IS EXPEDIENT , THEREFORE , IN ORDER TO ENSURE UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF , TO SPECIFY IN COUNCIL REGULATION ( EEC ) N 950/68 OF 28 JUNE 1968 ON THE COMMON CUSTOMS TARIFF ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) N 2780/78 ( 2 ) , THE CONVENTIONAL DUTIES APPLICABLE TO THE SAID CATEGORY OF PRODUCTS ;

WHEREAS , IN ORDER TO ENSURE THE CORRECT AND UNIFORM APPLICATION OF AGREEMENTS CONCERNING TRADE IN TEXTILE PRODUCTS BETWEEN THE COMMUNITY AND VARIOUS THIRD COUNTRIES , IT APPEARS APPROPRIATE TO SET OUT IN THE COMMON CUSTOMS TARIFF THE NOMENCLATURE RELATING TO VARIOUS STATISTICAL HEADINGS AND SUBHEADINGS OF THE SAID PRODUCTS ;

WHEREAS IT IS NECESSARY TO TAKE ACCOUNT IN THE COMMON CUSTOMS TARIFF OF THE PROVISIONS OF COUNCIL REGULATION ( EEC ) N 2779/78 OF 23 NOVEMBER 1978 ON THE PROCEDURE FOR APPLYING THE EUROPEAN UNIT OF ACCOUNT ( EUA ) TO LEGAL ACTS ADOPTED IN THE CUSTOMS SPHERE ( 3 ) , AND IN PARTICULAR OF ARTICLE 2 THEREOF ; WHEREAS GENERAL RULE C 3 OF SECTION I OF PART I OF THE PRELIMINARY PROVISIONS OF THE COMMON CUSTOMS TARIFF MUST THEREFORE BE AMENDED IN ACCORDANCE WITH THE PROVISIONS OF THE ABOVEMENTIONED ARTICLE 2 AND THROUGHOUT THE COMMON CUSTOMS TARIFF THE SYMBOL " U . A . " MUST BE REPLACED BY THE SYMBOL " EUA " IN ALL CASES MENTIONED IN ARTICLE 2 OF THE ABOVEMENTIONED REGULATION , AND , WITH REGARD TO THE CONVERSION INTO NATIONAL CURRENCIES OF THE EUROPEAN UNIT OF ACCOUNT IT IS NECESSARY , MOREOVER , TO TAKE INTO ACCOUNT THE PROVISIONS OF PARAGRAPHS 2 AND 3 OF THAT ARTICLE ;

WHEREAS FOR CERTAIN HEADINGS OR CHAPTER NOTES IT IS NECESSARY TO INTRODUCE AMENDMENTS WITH THE OBJECT OF ENSURING UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF ; WHEREAS , MOREOVER , A CERTAIN NUMBER OF DRAFTING AMENDMENTS IS JUSTIFIED FOR THE PURPOSE OF IMPROVING THE COMMON CUSTOMS TARIFF ;

WHEREAS CERTAIN REGULATIONS ON THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS PROVIDE THAT THE TARIFF NOMENCLATURE RESULTING FROM THEIR APPLICATION SHALL BE INCLUDED IN THE COMMON CUSTOMS TARIFF AND / OR AMEND CUSTOMS DUTIES ; WHEREAS IT IS THEREFORE APPROPRIATE TO INCLUDE IN THIS REGULATION ALL THE AMENDMENTS RESULTING FROM REGULATIONS ADOPTED UNDER THE COMMON AGRICULTURAL POLICY ;

WHEREAS , IN ORDER TO TAKE ACCOUNT OF COUNCIL DIRECTIVE 71/354/EEC OF 18 OCTOBER 1971 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO UNITS OF MEASUREMENT ( 4 ) , AS LAST AMENDED BY DIRECTIVE 76/770/EEC ( 5 ) , IT IS NECESSARY TO AMEND THE TEXT OF CERTAIN NOTES TO CHAPTER 27 OF THE COMMON CUSTOMS TARIFF ;

WHEREAS IT IS APPROPRIATE , FOR THE SAKE OF CLARITY , TO BRING THE WHOLE OF THE COMMON CUSTOMS TARIFF UP TO DATE ; WHEREAS , FOR THIS PURPOSE , IT IS NECESSARY TO COLLECT IN A SINGLE TEXT NOT ONLY THOSE PARTS WHICH ARE AMENDED WITH EFFECT FROM 1 JANUARY 1979 BUT ALSO THOSE WHICH HAVE ALREADY BEEN AMENDED AND THOSE WHICH REMAIN UNCHANGED ;

WHEREAS , ALTHOUGH TEMPORARY TARIFF AMENDMENTS AND THE PREFERENTIAL SYSTEMS RESULTING FROM THE VARIOUS ACTS ADOPTED BY THE COMMUNITY FORM AN INTEGRAL PART OF THE COMMON CUSTOMS TARIFF , IT SEEMS APPROPRIATE NOT TO INCLUDE THEM IN THIS REGULATION ;

WHEREAS THIS REGULATION DOES NOT APPLY TO PRODUCTS COVERED BY THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , ALTHOUGH THE NOMENCLATURE AND THE CONVENTIONAL DUTIES FOR THESE PRODUCTS ARE INCLUDED , FOR INFORMATION PURPOSES , IN THE SCHEDULE OF CUSTOMS DUTIES IN ORDER TO MAKE THE LATTER EASIER TO UNDERSTAND ,

HAS ADOPTED THIS REGULATION :

THE ANNEX HEADED " COMMON CUSTOMS TARIFF " TO REGULATION ( EEC ) N 950/68 IS HEREBY REPLACED BY THE ANNEX TO THIS REGULATION .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1979 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 27 NOVEMBER 1978 .

FOR THE COUNCIL

THE PRESIDENT

H . EHRENBERG

ANNEX : SEE O.J . N 335 OF 1 . 12 . 78