title: RECOMMENDATION FOR A COUNCIL REGULATION (EEC) approving the exchange of letters rectifying Annex A to Protocol No 1 to the Agreement between the European Economic Community and the Kingdom of Sweden#RECOMMENDATION FOR A COUNCIL REGULATION (EEC) concerning the conclusion of the Agreement in the form of an exchange of letters rectifying Annex A to Protocol N° 1 to the Agreement between the European Economic Community and the Kingdom of Sweden (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 198
Vol. 1978/0064
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Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(78 ) 198 final
                                                         Brasse! s f 22 May 1978
                                    RECOMMENDATION FOR A
                                   COUNCIL REGULATION ( EEC )
  approving the exchange of letters rectifying Annex A to Protocol Ho 1
  to the Agreement "between the European Economic Community and the Kingdom
                    i                   of Sweden
                                    RECOMMENDATION FOR A                 \
                                   COUNCIL REGULATION ( ETC )
 concerning the conclusion of the Agreement in the form of an exchange
 of letters rectifying Annex A to Protocol N° 1 to the Agreement "between
      . . the                Economie Community and the Kingdom of Sweden
                ( submitted to the Council by the Commission)
            , .              j   ■
                                         ->   "■• 'V
                          L'
                        if                   " ":.-A
( 78 ) 198 final • Xi-' V' "                .
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 ---pagebreak---                         Explanatory memorandum
1 . The agreement "between the European Economic Community ana t.^e Lm^oni
    _of Sweden signed on 22 July 1972 provides for duty free quotas for imports
     of paper and paperboard corrugated , other ( CCT Heading Nr . 42.05 -d ) and
     paper and paperboard , impregnated , other , – other ( CCT heading
     TTr . 48.07 B ) originating in Sweden into Denmark during the period of the
     tariff dismantling.
     The quotas were determined on the "basis of import statistics furnished
     "by Denmark .
2 . The Danish customs authorities have recently discovered , that due to
      an error , printed kitchen rolls were until the end of 1974 classified under
      tariff position 48 . 05 B , whereas the correct position is 48 . 07 B. Denmark
      has opened tariff quotas for both positions .
      The wrong classification has meant , that printed kitchen rolls have "been
      included in import statistics used for fixing the size of the tariff quota
      in the free trade agreement for products under position 48.0.5 B. Since
      1st of January 1975 kitchen rolls have correctly been classified under
      48.07 B , but this has meant an unforeseen burden on that quota.
 3 . The attached draft exchange of letters therefore proposes to modify the
      Danish duty free quotas for paper and paperboard contained in Annex A of
      Protocol No . 1 to the Agreement .
 4 . The Swedish authorities have expressed their agreement with the wording
       of the attached letter .   It is proposed that Mr. Denman sign on behalf of
      the Community .    In this case the Swedish Ambassador could sign on behalf
       of the Swedish Government .
 5 - If "the Council agrees to the proposed transfer from one duty free quota
       to another , the corresponding indicative ceilings provided for in
       Protocol No . 1 of the Agreement will have to be modified accordingly.
       A draft regulation to this end will be submitted to the Council separately .
 ---pagebreak---                          'RECOMMENDATION FOR A
                      COUNCIL REGULATION ( EEC )
                          of
        approving the exchange of letters rectifying Annex A
        to Protocol No . 1 to the Agreement "between the European
        Economic Community and the Kingdom of Sweden
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ,
Having regard to the Agreement^" signed on 22 July 1972 between the
European Economic Community and the Kingdom of Sweden ,
Having regard to the Recommendation from the Commission ,
whereas Annex A to Protocol No . 1 to the Agreement between the European
Economic Community and the Kingdom of Sweden should be rectified and whereas
trie exchange of letters to this effect between the European Economic
Community and the Kingdom of Sweden on                   1978 should be approved ,
HAS ADOPTED THIS REGULATION :
  OJ No L 300 , 31.12.1972 , p.99 .
 ---pagebreak---                            Article 1
            The exchange of letters of         1978 between the European Economic
Community and the Kingdom of Sweden for the purpose of rectifying
Annex  A to Protocol No . 1 to the Agreement between the European
Economic Community and the Kingdom of Sweden is hereby approved on
behalf of the Community .  The text of the letters is annexed hereto .
                           Article 2
           This Regulation shall enter into force on the third day
following its publication in the Official Journal of the European
Communities .
           This Regulation shall be binding in its entirety and directly
applicable in all L'ember States .
Done at Brussels ,                         For the Council
                                           The President
 ---pagebreak---                                                                                ANNEX
                                      Letter No . 1                                      .          h
                                                                                h
                                                                                I
                                                                 Brussels ,
            Your Excellency ,
                                                                                (
                    In accordance with Protocol No « 1 to the I*Vee Trade Agreement "between the r
            European Economic Community and the Kingdom of Sweden signed at Brussels on
            22 July 1972 , the Kingdom of Denmark has since 1         January 1974 opened tariff
            quotas for certain paper products originating in Sweden . The quotas were fixed
            on the basis of statistics available for the period 1968-71 *
                    The Danish customs authorities have recently discovered that , due to an
            error , printed kitchen rolls were until the end of 1974 classified under tariff
            subheading 48 . 05 B, whereas the correct subheading is 48.07 B. Denmark has
            opened tariff quotas for both subheadings .
                    The wrong classification has meant that printed kitchen rolls have been
            included in import statistics used for fixing the size of the tariff quota in
            the Free Trade Agreement for products under subheading 48.05 B.        Since 1 January
            1975 kitchen rolls have correctly been classified under subheading 48.07 B, but
            this has meant an unforeseen burden on the quota for the products under that
            position .
                    During the base period used for calculating the quotas ( 1968-71 ) the
            figures for import from Sweden to Denmark in      tonnes      of printed kitchen
            rolls were as follows :
                   1968    I   1969    I    Ï97Ô    I    Ï97Ï     I   Annual average
                                                                   I  1968 to 1971
                    800         900        2.700        4.400               2.200
                    Consequently the Community considers that, in accordance with Article 1
             (4 ) of Protocol 1 to the aforementioned Agreement, 2.674 tomes should be
            transferred from the 1974 quota for products under subheading 48 . 05 B set out in
            Annex A to the said Protocol , to the quota for products under subheading 48 . 07 B.
                    Accordingly the figure shown opposite the subheading 48.05 B "other" in the
             column " Denmark" of the said Annex should read 8.I4I * tonnes       instead of
            10.815      tonnes     and the figure shown opposite the subheading 48 . 07 B " other" -
            "other" should read 18.078       tonnes    instead of 15*404 tonnes .
                    I should be grateful if you would confirm the agreement of the Kingdom
            of Sweden with the content of this letter .
                    Please accept . Your Excellency , the assurance of my highest
             consideration .
                                                          On behalf of the Council
                                                        of the European Communities
 is Excellency
•r, Erik von SYDOW
 ead of the Swedish Mission
 0 the European Communities
 ond -Point Robert Schuman 6
 Ç40         BRUXELLES
 ---pagebreak---                                  Letter No . 2
                                                      Brussels ,
Sir .
      I have the honour to acknowledge receipt of your letter of today xn
which you informed me as follows :
      " In accordance with Protocol No 1 to the Free Trade Agreement "between the
      European Economic Community and the Kingdom of Sweden signed at
      Brussels on 22 July 1972 , the Kingdom of Denmark has since 1 January
      1974 opened tariff quotas for certain paper products originating
      in Sweden. The quotas were fixed on the basis of statistics available
      for the period 1968-71 .
      The Danish customs authorities have recently discovered that , due to
      an error , printed kitchen rolls were until the end of 1974 classified under
      tariff subheading 48.05 B, whereas the correct subheading is 48.07 B.
      Denmark has opened tariff quotas for both subheadings .
      The wrong classification has meant that printed kitchen rolls have been
      included in import statistics used for fixing the size of the tariff
      quota in the Free Trade Agreement for products under subheading 48.05 B.
      Since            1 January 1975 kitchen rolls have correctly been classified
      under subheading 48.07 B , but this has meant an unforeseen burden on the
      quota for the products under that position .
      During the base period used for calculating the quotas ( 1968-71 ) the
      figures for import from Sweden to Denmark in tonnes               of printed
      kitchen rolls were as follows :
               1968 II     1969    I  Ï97Ô      I    Ï97Ï   I    annual average
                                                              I  1968 to 1971
                800          900       2.700         4.400           2.200
       Consequently the Community considers that , in accordance with Article 1
        (4 ) of Protocol 1 to the aforementioned Agreement , 2.674. tonnes should be
      transferred from the 1974 quota for products under subheading 48 . 05 B set
        out in Annex A to the saidProtocol , to the quota for products under
        subheading 48 . 07 B «
      Accordingly the figure shown opposite the subheading 48 . 05 B "other"
       in the column "Denmark" of the said Annex should read 8.I4I tonnes           -
       instead of 10.315       tonnes       and the figure shown opposite the sub–
       "heading 48.07     " other" - " other" should read I8.078      tonnes    instead
       of I5.4O4 tonnes.' "
       I have the honour to confirm the agreement of the Kingdom of Sweden on
the tore going.
       Pie ass accept , Sir , the assurance of my highest consideration .
                                                  For the Kingdom of Sweden
 ---pagebreak---                          COUNCIL REGULATION ( EEC )
                             of
     concerning the conclusion of the Agreement in the form of an exchange of
      letters rectifying Annex A to Protocol No . 1 to the Agreement
     "between the European Economic Community and the Kingdom of Sweden
               4
 THE COUNCIL OP THE EUROPEAN COICTNITIES ,
 Having regard to the Treaty establishing the European Economic Community ,
 and in particular Article 113 thereof ,
 Having regard to the recommendation of the Commission ,
 V.'hereas an Agreement    was signed in Brussels on 22 July 1972 "between the
 Europeaa Economic Community and the Kingdom of Sweden ; whereas Annex A to
 Protocol No 1 to the aforementioned Agreement should "be rectified and the
 Agreement in the form of an exchange of letters negotiated to this effect should
"be concluded,
 HAS ADOPTED TIIIS REGULATION :
                                . Article 1
 The iigreemenw in the form of an exchange of letters rectifying Annex A to
 Protocol No . 1 to the Agreement between the European Economic Community
 and the Kingdom of Sweden is hereby concluded on behalf of the Community.
 The text of the letters is annexed to this Regulation.
  ^'oj No. l 300 , 31.12.1972 , p. g7'.
 ---pagebreak---                              - 2 -
                           Article 2
The President of the Council is hereby authorized to designate the person
empowered to sign the Agreement in the form of an exchange of letters
referred to in Article 1 and to grant him the powers necessary for the
purpose of binding the Community .
                           Article 3
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
      This Regulation shall be binding in its entirety and directly
      applicable in all Member States .
      Done at Brussels ,
                                             For the Council
                                              The President