Proposal for a Council Regulation amending Regulation (EC) No 1255/96 temporarily suspending the autonomous common customs tariff duties on certain industrial and agricultural products
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 25. 04. 2000 COM(2000) 238 final Proposal for a COUNCIL REGULATION amending Regulation (EC) No 1255/96 temporarily suspending the autonomous common customs tariff duties on certain industrial and agricultural products (presented by the Commission) EXPLANATORY MEMORANDUM During the first quarter of this year, the Commission, assisted by the Economic Tariff Questions Group, has reviewed all the requests for temporary suspension of autonomous common customs tariff duties presented to it by the Member States, including requests for extending suspensions at present in force. The attached proposal concerns certain industrial and agricultural products. Requests for suspension relating to the above products were examined in the light of the criteria set out in the communication from the Commission concerning autonomous tariff suspensions and quotas (see OJ C 128, 25. 4. 1998, p. 2). Following this review, the Commission considers that the suspension or reduction of duties is justified for the products listed in Annex I to the attached proposal for a Regulation. Products for which suspension is no longer in the Community’s economic interests or which are exempt from duty under GATT have been withdrawn and are set out in Annex II. The two annexes to this Regulation thus correspond respectively, to the list of products for which suspension is proposed, or for which the wording (including the nomenclature code) has to be changed, and the list of products removed from the Annex to Regulation (EC) No 1255/96. Amendments to the description of certain products listed in the Annex to Regulation (EC) No 1255/96, where they have become necessary, have been taken into account as follows: – – addition of the nomenclature code for the product (listed in the Annex to Regulation (EC) No 1255/96) in Annex II, addition of the new amended product description in Annex I. The period of validity of the proposed measure is unspecified, since its purpose is to amend the annex to Council Regulation (EC) No 1255/96, the period of validity of which is itself unspecified. 2 Proposal for a COUNCIL REGULATION amending Regulation (EC) No 1255/96 temporarily suspending the autonomous common customs tariff duties on certain industrial and agricultural products THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 26 thereof, Having regard to the proposal from the Commission1, Whereas: (1) (2) It is in the interest of the Community to suspend partially or totally the autonomous common customs tariff duties for a number of new products not listed in the Annex to Regulation (EC) No 1255/962. A number of products which are referred to in the said Regulation should be withdrawn from the list in the Annex because it is no longer in the Community’s interest to maintain suspension of autonomous common customs tariff duties, or because they are exempt from duty under GATT or because the description needs to be altered in the light of technical developments. (3) For the sake of clarity, products whose description needs to be altered should be regarded as new products. HAS ADOPTED THIS REGULATION: The Annex to Regulation (EC) No 1255/96 is amended as follows: Article1 (1) (2) 1 2 The products set out in Annex I to this Regulation are inserted. The products for which the codes are set out in Annex II to this Regulation are deleted. OJ L OJ L 158, 29. 6. 1996, p. 1. Regulation last amended by Regulation (EC) No 20/2000 (OJ L 8, 12. 1. 2000, p. 1). 3 Article 2 This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. It shall apply with effect from 1 July 2000. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, […] For the Council The President 4 ANNEX I CN code & TARIC Description Rate of autonomous duty (%) 0010 ex0603 90 00 10 ex0604 99 90 10 Flowers, flower buds, foliage, leaves and other parts of plants, not further prepared than dried, dyed or bleached, for use in the manufacture of pot pourri of subheading 3307 49 00 (a) 0021 ex1511 90 19 10 ex1511 90 91 10 ex1513 11 10 10 ex1513 19 30 10 ex1513 21 11 10 ex1513 29 30 10 Palm oil, coconut (copra) oil, palm kernel oil, for the manufacture of: industrial monocarboxylic fatty acids of subheading 3823 19 10, mixtures of methyl esters of fatty acids of subheading 3824 90 95, methyl esters of fatty acids of heading 2915 or 2916 or stearic acid of subheading 3823 11 00 (a) 0022 ex2837 19 00 20 Copper cyanide 0058 ex2907 29 00 60 4,4'-(1,3-Phenylenediisopropylidene)diphenol 0064 ex2908 20 00 30 ex3824 90 95 74 6-Hydroxynaphthalene-2-sulfonic acid and its salts 0130 ex2921 19 80 30 Allylamine 5 0 0 0 0 0 0 - - - - CN code & TARIC Description Rate of autonomous duty (%) 0175bi ex2923 90 00 30 Tetramethylammonium hydroxide pentahydrate, containing: 500 mg/kg or less of carbonate, 200 mg/kg or less of chloride and 5 mg/kg or less of potassium 0214 ex2930 90 70 75 4,4'-[Methylenebis(oxyethylenethio)]diphenol 0215 ex2930 90 70 80 Captan (ISO) 0272 ex2933 69 80 50 1,3,5-Tris(2,3-dibromopropyl)-1,3,5-triazinane-2,4,6-trione 0300 ex2934 90 96 55 Naphth[1,2-d][1,2,3]oxadiazole-5-sulfonic acid 0301 ex2934 90 96 60 ex3824 90 95 41 7-Nitronaphth[1,2-d][1,2,3]oxadiazole-5-sulfonic acid of a purity by weight of 60 % or more 0333 ex3215 90 80 20 Heat sensitive ink fixed on a plastic film 0409 ex3824 90 95 75 Mixture of 2,2-bis[2-(perfluoroalkyl)ethylthiomethyl]propane-1,3-diols 6 0 0 0 0 0 0 0 0 - - - CN code & TARIC Description Rate of autonomous duty (%) 0491 ex3904 30 00 20 Copolymer of vinyl chloride, vinyl acetate and maleic acid, for use in the manufacture of polyvinyl chloride-metal hot-melt adhesive (a) 0527 ex3907 30 00 40 ex3926 90 99 70 Epoxyde resin, containing by weight 70 % or more of silicon dioxide, for the encapsulation of goods of heading No 8533, 8535, 8536, 8541, 8542 or 8548 (a) 0575 ex3920 42 91 94 Polyvinyl chloride sheet, with relief printing, of a kind used in the templates for textile printing 0590 ex3920 62 19 62 Polyethylene terephthalate film, of a thickness not exceeding 12 µ m, coated on one side with a layer of aluminium oxide of a thickness not exceeding 35 nm 0597 ex3920 62 19 85 Film of a total thickness of 4,5 µ m (± 0,16 µ m), consisting of a biaxially- oriented polyethylene terephthalate film, of an elastic modulus (in the machine direction) of 12 kg/mm2 (± 2 kg/mm2) and a tensile strength (in the machine direction) of more than 28 kg/mm2, and of an anti-adherent coating 0579 ex3920 62 19 88 Laminated sheet, consisting of a biaxially oriented film of polyethylene terephthalate, covered on one side or on both sides with a layer of polyethylene terephthalate, for use in the manufacture of identity cards, credit cards and similar products (including “smart” cards) (a) 0 0 0 0 0 0 7 CN code & TARIC Description Rate of autonomous duty (%) 0636 ex4811 21 00 10 Impregnated paper coated or covered with a pressure-sensitive self-adhesive layer, the whole: of a tensile of 2 700 N/m or more but not exceeding 3 700 N/m in the machine direction (as determined by the EN ISO 1924-2 and ISO 3781 methods), of a stretch factor of 1,5 % or more but not exceeding 3,0 % in the machine direction (as determined by the EN ISO 1924-2 and ISO 3781 methods) 0673 ex5603 12 90 60 ex5603 13 90 60 Non-woven of spunbonded polyethylene, of a weight of more than 60 g/m2 but not exceeding 80 g/m2 and an air resistance (Gurley) of 8 s or more but not exceeding 36 s (as determined by the ISO 5636/5 method) 0689 ex6813 90 90 10 Friction material, of a thickness of less than 20 mm, not mounted, for the manufacture of friction components of a kind used in automatic transmissions and clutches (a) 0702 ex7011 20 00 80 Glass bulb for monochrome cathode-ray tube, of a diagonal measurement of 3,8 cm or more but not exceeding 51 cm and a nominal neck diameter of 13 mm, 20 mm, 29 mm or 37 mm 0723 ex7613 00 00 20 ex8708 99 98 10 Aluminium container, seamless, for compressed natural gas or compressed hydrogen, wholly embedded in an overwrap of epoxy-carbon fibres composite, of a capacity of 172 l (± 10 %) and an unfilled weight not exceeding 64 kg 0730 ex8104 90 00 20 Sections, of extruded magnesium, of a length of 800 mm or more but not exceeding 2 900 mm and a width of 15 mm or more but not exceeding 70 mm 8 0 0 0 0 0 0 - - CN code & TARIC Description Rate of autonomous duty (%) 0095 ex8536 50 15 32 Rotary switch in form of a wheel with a diameter of between 15 and 16 mm and contacts for closing the circuit, for a rated voltage of 12 V at 50 mA 0146 ex8543 89 95 57 Frequency converter for the conversion of frequencies of 10,7 GHz or more but not exceeding 12,75 GHz to frequencies of 950 MHz or more but not exceeding 3 GHz and operating at a supply voltage of 11 V or more but not exceeding 20 V 0167 ex9002 11 00 50 Lens unit, having a focal length of 25 mm or more but not exceeding 150 mm, consisting of glass or plastic lenses, with a diameter of 60 mm or more but not exceeding 190 mm 0 0 0 (a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions. 9 CN code Taric ANNEX II ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex 0603 90 00 0604 99 10 0604 99 90 0713 33 90 1511 10 10 1511 90 19 1511 90 91 1513 11 10 1513 19 30 1513 21 11 1513 29 30 2924 10 00 2928 00 90 2934 90 96 2934 90 96 3824 90 95 3905 91 00 3907 30 00 3920 42 91 3920 62 19 3920 62 19 4811 21 00 5002 00 00 8543 89 95 9002 11 00 9002 90 90 10 10 10 20 10 10 10 10 10 10 10 30 30 55 60 41 93 40 94 62 85 10 57 50 10 10 FINANCIAL STATEMENT 1. TITLE OF OPERATION Proposal for a Council Regulation amending Regulation (EC) No 1255/96 temporarily suspending the autonomous common customs tariff duties on certain industrial and agricultural products. 2. BUDGET HEADING(S) INVOLVED Chapter 12 Article 120. 3. LEGAL BASIS Article 26 of the EC Treaty. 4. DESCRIPTION OF OPERATION Suspension of the common customs tariff duties for the above products. 7. FINANCIAL IMPACT In order to reduce the economic problems arising from the period of validity of previous Regulations, Council Regulation (EC) No 1255/96, now in force, does not have an expiry date. This proposal contains only the amendments which must be made to the annex to the existing Regulation in order to take account of the following: 1. 2. new requests for suspension which have been presented and accepted; technical product developments, economic trends on the market and the GATT agreement, resulting in the lifting of certain existing suspensions; 3. amendments to Nomenclature codes. Obviously only the amendments described in 1 and 2 have a financial impact. Addition This Annex, in addition to the amendments resulting from changes to CN codes, contains 17 new products. The uncollected duties corresponding to these suspensions, calculated on the basis of expected imports into the requesting Member State for 2000, total MEUR 1. 5. On the basis of the existing statistics for the preceding years, it would appear, however, that this amount must be increased by an average factor, estimated at 1. 8, to take account of imports into other Member States using the same suspensions. This means a loss of revenue of some MEUR 2. 7. 11 Withdrawal: 6 products have been withdrawn from this annex reflecting the reintroduction of customs duties. This represents an increase of MEUR 3. 1 in resources, as calculated from requests for suspension or available statistics (1998). Estimated cost of this operation Taking available statistics (1998) as a basis, the impact on the loss of revenue resulting from this Regulation may therefore be estimated at 2. 7 - 3. 1 = MEUR -0. 4, then a decrease of loss of revenue, with a total loss estimated for 2000 of 597. 1 - 0. 4 = MEUR 596. 7. The shortfall in traditional own resources will have to be made up by the Member States by topping up the GNP component. 8. FRAUD PREVENTION MEASURES Checks on the end-use of some of the products covered by this Council Regulation will be carried out in accordance with Articles 291 to 304 of Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of the Community Customs Code. 12