31971L0261

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( 1 ) OJ N L 58 , 8 . 3 . 1969 , P . 1 .

COMMISSION DIRECTIVE

OF 30 JUNE 1971

ON THE APPLICATION OF ARTICLE 2 ( 3 ) ( D ) AND ( 4 ) OF THE COUNCIL DIRECTIVE OF 4 MARCH 1969 ON THE HARMONISATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING

( 71/261/EEC )

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO THE COUNCIL DIRECTIVE OF 4 MARCH 1969 ( 1 ) ON THE HARMONISATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING , AND IN PARTICULAR ARTICLE 28 THEREOF ;

WHEREAS UNDER ARTICLE 2 ( 3 ) ( D ) OF THAT DIRECTIVE COMPENSATING PRODUCTS MEANS PRODUCTS PRODUCED BY USING AGENTS SUCH AS CATALYSTS , ACCELERATORS OR RETARDERS OF CHEMICAL REACTIONS WHICH , BEING EMPLOYED IN THE COURSE OF PRODUCTION , DISAPPEAR ENTIRELY OR PARTIALLY WHEN SO EMPLOYED AND ARE THEREAFTER NOT DISTINGUISHABLE IN THE GOODS PRODUCED ;

WHEREAS TO FACILITATE THE APPLICATION OF THAT PROVISION IT IS DESIRABLE TO SPECIFY WHICH AGENTS MAY BE USED WITHIN THE MEANING OF THE AFOREMENTIONED DIRECTIVE ;

WHEREAS THE AGENTS LISTED IN THE ANNEX TO THIS DIRECTIVE , WHERE THEY ARE USED FOR PURPOSES SET OUT THEREIN MAY BE INCLUDED AMONG THOSE AGENTS ;

WHEREAS UNDER ARTICLE 2 ( 4 ) THE TOTAL OR PARTIAL DISAPPEARANCE OF SUCH AGENTS SHALL BE TREATED AS EXPORTATION OF COMPENSATING PRODUCTS IF THE GOODS PRODUCED ARE EXPORTED ;

WHEREAS IT SHOULD BE PROVIDED THAT , WHERE THE GOODS PRODUCED ARE NOT EXPORTED IN THEIR ENTIRETY , THE MAY BE SO TREATED ONLY IN SO FAR AS THEY ARE EXPORTED ; WHEREAS , MOREOVER , THEY SHALL BE SO TREATED ONLY FOR THAT PART OF THE AGENTS REFERRED TO ABOVE WHICH HAVE DISAPPEARED IN THE COURSE OF PRODUCTION OF THE EXPORTED GOODS ;

WHEREAS THE PROVISIONS OF THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE ON INWARD PROCESSING ;

HAS ADOPTED THIS DIRECTIVE :

ARTICLE 1

THE PURPOSE OF THIS DIRECTIVE IS TO BRING INTO EFFECT PROVISIONS IMPLEMENTING ARTICLE 2 ( 3 ) ( D ) AND ( 4 ) OF THE COUNCIL DIRECTIVE OF 4 MARCH 1969 ON HARMONISATION OF PROVISIONS LAID DOWN BY LAW , REGULATION AND ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING .

ARTICLE 2

THE AGENTS LISTED IN THE ANNEX , IF THEY ARE ESPECIALLY INTENDED FOR THE PURPOSES SET OUT IN THAT ANNEX , MAY BE INCLUDED AMONG THOSE TO WHICH THE PROVISIONS OF ARTICLE 2 ( 3 ) ( D ) AND ( 4 ) OF THE DIRECTIVE MENTIONED IN ARTICLE 1 APPLY .

ARTICLE 3

ARTICLE 2 ( 4 ) OF THE DIRECTIVE MENTIONED IN ARTICLE 1 MUST BE UNDERSTOOD AS APPLYING ONLY TO THAT PART OF THE AGENTS DEFINED IN ARTICLE 2 ( 3 ) ( D ) WHICH HAS DISAPPEARED IN THE COURSE OF PRODUCTION OF THE EXPORTED GOODS .

ARTICLE 4

THE MEMBER STATES SHALL BRING INTO FORCE , NOT LATER THAN 1 OCTOBER 1971 , THE MEASURES REQUIRED TO COMPLY WITH THIS DIRECTIVE .

ARTICLE 5

EACH MEMBER STATE SHALL NOTIFY THE COMMISSION OF THE PROVISIONS IT IS MAKING IN IMPLEMENTATION OF THIS DIRECTIVE .

THE COMMISSION SHALL COMMUNICATE THIS INFORMATION TO THE OTHER MEMBER STATES .

ARTICLE 6

THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .

DONE AT BRUSSELS , 30 JUNE 1971 .

FOR THE COMMISSION

THE PRESIDENT

FRANCO M . MALFATTI

ANNEX

( A ) FILTER MEDIA , ACTIVATED CLAYS AND OTHER SUBSTANCES FOR FILTRATION OF PRODUCTS OR GOODS , SUCH AS CHEMICAL AND PETROCHEMICAL PRODUCTS , BEER , WINE , OIL , ADDITIVES ;

( B ) GOODS REQUIRED FOR THE PROTECTION OF PRODUCTS OR GOODS SUCH AS SPECIAL OILS , ANTI-RUST PREPARATIONS , PLASTIC FILMS AND SIMILAR COATINGS ;

( C ) GOODS REQUIRED FOR THE CREATION OF PHYSICAL OR CHEMICAL CONDITIONS REQUIRED FOR CERTAIN PROCESSING OPERATIONS SUCH AS : INHIBITORS , STABILISERS , ANTI-FOAM AGENTS OR PREPARATIONS ; FOAM-MAKING PREPARATIONS ; WETTING AGENTS ; ANTIOXIDANT PREPARATIONS ; HELIUM ARGON AND CARBON DIOXIDE ; PREPARATIONS FOR COLLECTION OF DUST AND OTHER PARTICLES BY ELECTROSTATIC MEANS ; PARAFFIN WAX AND OTHER SUBSTANCES SERVING FOR BINDING NON-AGGLOMERATED MIXTURES OF METALLIC CARBIDES DURING THE SINTERING OF CARBIDES ; PREPARATIONS FOR THE SHAPING OF PARTS BY DRAWING , DYE-STAMPING , PUNCHING , EXTRUSION AND SIMILAR TECHNIQUES ;

( D ) PREPARATIONS FOR THE SURFACE TREATMENT OF PRODUCTS OR GOODS SUCH AS : TEXTILE LUBRICANTS ; OILS , GASES AND SPECIAL PREPARATIONS FOR TEMPERING AND CASE-HARDENING OF ARTICLES OF STEEL OR OTHER MATERIALS ; POWDERS , PASTES , EMULSIONS AND OTHER ABRASIVE OR POLISHING PREPARATIONS , FLUXES , STAIN-REMOVERS , DETERGENTS AND SIMILAR PREPARATIONS ;

( E ) PREPARATIONS OR SUBSTANCES , DESIGNED TO FACILITATE THE ASSEMBLING OF PRODUCTS OR GOODS SUCH AS : GLYCEROL , SOAP , TALC ;

( F ) FUELS USED EITHER FOR TESTING ENGINES CONSTRUCTED UNDER INWARD PROCESSING ARRANGEMENTS , OR FOR THE DETECTION OF FAULTS IN ENGINES TO BE REPAIRED , OR TESTING THEM AFTER REPAIR , UNDER SUCH ARRANGEMENTS .