S.I. No. 323/1983 - European Communities (Surveillance of Certain Motor Car Tyre Imports) Regulations, 1983.


WHEREAS the State has been authorised under the Decision of the Commission of the European Economic Communities dated the 20th day of December, 1979 (No. 80/47/EEC (1)), and by the Decision of that Commission dated the 29th day of August, 1983 (No. 83/451/EEC (2)), to take the surveillance measures hereinafter specified (the conditions and details of which the Commission has determined in those Decisions):

NOW, I, FRANK CLUSKEY, Minister for Trade, Commerce and Tourism, in exercise of the power conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Surveillance of Certain Motor Car Tyre Imports) Regulations, 1983.

2. (1) In these Regulations—

"the Minister" means the Minister for Trade, Commerce and Tourism;

"motor car" means a mechanically propelled vehicle which is designed and constructed for the carriage of not more than nine persons (inclusive of the driver);

"tyre cases" includes what are commonly known as tubeless tyres as well as other inflatable tyres but, in the case of such other inflatable tyres, does not include what is commonly known as the tube.

(2) A reference in these Regulations to a tariff heading shall be taken as a reference to that tariff heading in the Annex to Council Regulation (EEC) No. 950/68 ((3)), as amended by Commission Regulation (EEC) No. 3000/82 (4), and by any subsequent Regulations of an institution of the European Communities.

1 OJ No. L16 of 22.1.1980, p. 14.

2 OJ No. L247 of 7.9.1983, p. 16.

3 OJ No. L172 of 22.7.1968, p. 1.

3. The importation into the State of goods which are—

( a ) specified at the tariff heading mentioned in column (1) of the Schedule to these Regulations,

( b ) described in column (2) of that Schedule opposite the mention in column (1) of that tariff heading, and

( c ) manufactured or produced in the German Democratic Republic and in free circulation in other Member States of the European Communities,

shall be subject to the production by the importer of an import document issued by the Minister.

4. An applicant for an import document under these Regulations shall supply to the Minister all relevant information concerning the description of the product, its origin and price, and the quantity or value of goods which it is proposed to import and also such information as he may require concerning the free circulation of the product in another Member State of the European Communities.

5. The European Communities (Surveillance of Certain Motor Car Tyre Imports) Regulations, 1982 ( S.I. No. 131 of 1982 ), are hereby revoked.

SCHEDULE

Tariff Heading (1)

Description of Goods

(2)

ex 40.11 B II

Tyre cases, new, which are suitable for motor cars, and of which the maximum width (measured externally from sidewall to sidewall) is not more than 7 inches and the diameter (measured from bead to bead) is not more than 16 inches.

GIVEN under my Official Seal, this 20th day of October, 1983.

FRANK CLUSKEY,

Minister for Trade, Commerce and Tourism.

4 OJ No. L318 of 15.11.1982, p. 1.

EXPLANATORY NOTE.

The effect of the Instrument is to enable the Minister for Trade, Commerce and Tourism to continue to operate a system of surveillance on imports into the State of certain motor car tyre cases which are manufactured or produced in the German Democratic Republic and are in free circulation in other Member States of the European Communities.