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Exchange of letters rectifying Article 3 of Protocol No 1 to the Agreement be... (21973A1221(01))
EU - Rechtsakte: 02 Customs Union and free movement of goods
 
Your Excellency,
I would like to draw to your attention an error of form in Article 3 of Protocol No 1 to the Agreement between the European Economic Community and the Kingdom of Norway. This Article provides for a special timetable for the reduction of customs duties on imports into the Community as originally constituted and Ireland of products of subheading No 76.01 A and of heading No 76.02 or 76.03 of the Common Customs Tariff.
Owing to the error, the timetable of Article 3 of Protocol No 1 contains only the schedule of tariff reductions based on the basic duties — as defined in Article 5 (1) of the Agreement — applied on 1 January 1972 by the Community as originally constituted. The basic duties applied by Ireland on 1 January 1972 being different, the schedule of tariff reductions for Ireland ought to be mentioned separately, as has been done for other products in Article 1 (2) and Article 2 (1) of Protocol No 1.
The Irish duty applied on 1 January 1972 to products of subheading No 76.01 A and of certain subheadings of heading Nos 76.02 or 76.03 was zero (Annex). According to Article 3 (1) of the Agreement these duties will remain zero.
Consequently, it is the understanding of the Community that the timetable of Article 3 should read as follows in respect of those subheadings of heading Nos 76.02 and 76.03 where a positive basic duty on imports into Ireland was in force on 1 January 1972:

Timetable

Community as originally constituted

Rates of duty applicable — percentage ad valorem

Ireland Percentage of basic duties applicable

Heading Nos 76.02 and 76.03

Subheading No 76.01 A

Heading Nos 76.02 and 76.03

On the date of entry into force of the Agreement

11·4

6·6

95 %

1 January 1974

10·8

6·3

90 %

1 January 1975

10·2

5·9

85 %

1 January 1976

9

5·6

75 %

1 January 1977

7·2

4·2

60 %

1 January 1978

3

3

25 %

1 January 1979

2·7

2·7

22·5 %

1 January 1980

0

0

0 %
Further proof that this form of timetable corresponds to the intention of the negotiators is given in Article 4 (f) of Protocol No 1, which determines the duties that can be reimposed when a ceiling has been reached. As far as the new Member States are concerned this Article takes account of the progressive realignment of their customs tariff with the Common Customs Tariff:
‘In this event, prior to 1 July 1977:
— Ireland shall reimpose customs duties applicable to third countries.’
I should be grateful if you would confirm the agreement of the Government of the Kingdom of Norway with the content of this letter.
Please accept, Sir, the assurance of my highest consideration.
In the name of the Council of the European Communities

ANNEX

Tariff heading

Rate of duty on imports into Ireland in force on 1 January 1972

76.01

Unwrought aluminium; aluminium waste and scrap

Free

76.02

Wrought bars, rods, angles, shapes and sections, of aluminium; aluminium wire:

 

A.

Of which no cross-sectional dimension exceeds 5 inches

30%

B.

Other

Free

76.03

Wrought plates, sheets and strip, of aluminium:

 

A.

Strip not exceeding 14 inches in width and l/8th inch in thickness, slotted or otherwise perforated

40%

B.

Other:

 

(1)

Not exceeding il/2 inch in thickness

30 %(1)

(2)

Other

Free
Sir,
Your letter received today contained the following communication:
‘I would like to draw to your attention an error of form in Article 3 of Protocol No 1 to the Agreement between the European Economic Community and the Kingdom of Norway. This Article provides for a special timetable for the reduction of customs duties on imports into the Community as originally constituted and Ireland of products of subheading No 76.01 A and of heading No 76.02 or 76.03 of the Common Customs Tariff.
Owing to the error, the timetable of Article 3 of Protocol No 1 contains only the schedule of tariff reductions based on the basic duties — as defined in Article 5 (1) of the Agreement — applied on 1 January 1972 by the Community as originally constituted. The basic duties applied by Ireland on 1 January 1972 being different, the schedule of tariff reductions for Ireland ought to be mentioned separately, as has been done for other products in Article 1 (2) and Article 2 (1) of Protocol No 1.
The Irish duty applied on 1 January 1972 to products of subheading No 76.01 A and of certain subheadings of heading Nos 76.02 or 76.03 was zero (Annex). According to Article 3 (1) of the Agreement these duties will remain zero.
Consequently, it is the understanding of the Community that the timetable of Article 3 should read as follows in respect of those subheadings of heading Nos 76.02 and 76.03 where a positive basic duty on imports into Ireland was in force on 1 January 1972:

Timetable

Community as originally constituted

Rates of duty applicable — percentage ad valorem

Ireland Percentage of basic duties applicable

Heading Nos 76.02 and 76.03

Subheading No 76.01 A

Heading Nos 76.02 and 76.03

On the date of entry into force of the Agreement

11·4

6·6

95 %

1 January 1974

10·8

6·3

90 %

1 January 1975

10·2

5·9

85 %

1 January 1976

9

5·6

75 %

1 January 1977

7·2

4·2

60 %

1 January 1978

3

3

25 %

1 January 1979

2·7

2·7

22·5 %

1 January 1980

0

0

0 %
Further proof that this form of timetable corresponds to the intention of the negotiators is given in Article 4 (f) of Protocol No 1, which determines the duties that can be reimposed when a ceiling has been reached. As far as the new Member States are concerned this Article takes account of the progressive realignment of their customs tariff with the Common Customs Tariff:
“In this event, prior to 1 July 1977:
— Ireland shall reimpose customs duties applicable to third countries.”
I should be grateful if you would confirm the agreement of the Government of the Kingdom of Norway with the content of this letter.’
I have the honour to acknowledge receipt of your letter and to confirm the agreement of my Government to its content.
Please accept, Sir, the assurance of my highest consideration.
For the Government of the Kingdom of Norway

ANNEX

Tariff heading

Rate of duty on imports into Ireland in force on 1 January 1972

76.01

Unwrought aluminium; aluminium waste and scrap

Free

76.02

Wrought bars, rods, angles, shapes and sections, of aluminium; aluminium wire:

 

A.

Of which no cross-sectional dimension exceeds 5 inches

30 %

B.

Other

Free

76.03

Wrought plates, sheets and strip, of aluminium:

 

A.

Strip not exceeding 14 inches an width and l/8th inch in thickness, slotted or otherwise perforated

40 %

B.

Other:

 

(1)

Not exceeding 1/2 inch in thickness

30 %(2)

(2)

Other

Free
(1)  
(
1
)
The operation of this duty is at present suspended in so far as it relates to goods of which the thickness of the aluminium exceeds l/50th inch, other than pieces of such goods of circular or approximately circular shape, the greatest cross-sectional dimension of which does not exceed 25 inches.
(
2
)
The operation of this duty is at present suspended in so far as it relates to strip which is:
(a) imported in rolls,
(b) formed to a concave shape,
(c) of a width not exceeding 21/2 inches,
(d) coloured or lacquered on both sides, and
(e) not less than 17/2000 inch nor more than 13/1000 inch in thickness inclusive of colouring or lacquering.
(2)  
(
1
)
The operation of this duty is at present suspended in so far as it relates to goods of which the thickness of the aluminium exceeds 1/50th inch, other than pieces of such goods of circular or approximately circular shape, the greatest cross-sectional dimension of which does not exceed 25 inches.
(
2
)
The operation of this duty is at present suspended in so far as it relates to strip which is:
(a) imported in rolls,
(b) formed to a concave shape,
(c) of a width not exceeding 2
1
/
2
inches,
(d) coloured or lacquered on both sides, and
(e) not less than 17/2000 inch nor more than 13/1000 inch in thickness inclusive of colouring or lacquering.
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