COUNCIL REGULATION (EC) No 1/2009
of 18 December 2008
amending Regulation (EC) No 1255/96 temporarily suspending the autonomous common customs tariff duties on certain industrial, agricultural and fishery 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 Commission,
Whereas:
(1)
By virtue of Council Regulation (EC) No 1255/96 (1) the autonomous common customs tariff duties have been suspended partially or totally for a number of products during certain periods. It is in the interest of the Community to insert 88 new products in the list of suspensions set out in the Annex thereto.
(2)
In relation to some products in the list contained in the Annex to Regulation (EC) No 1255/96, the description should be amended in order to take account of technical product developments and economic trends on the market. Those products should be considered as withdrawn from the list and should as a consequence be inserted in it as new products. For six products another CN code should be added to facilitate imports under the measure in question.
(3)
After reviewing all autonomous tariff suspensions with an expiry date of 31 December 2008, 610 products which are currently listed in the Annex to Regulation (EC) No 1255/96 should be withdrawn from the list because it is no longer in the interest of the Community to maintain the suspension of autonomous common customs tariff duties for those products.
(4)
For ease of comprehension, in view of the large number of amendments coming into force on 1 January 2009, the Annex to Regulation (EC) No 1255/96 should be replaced by a completely new version which has effect from the same date and in which new, amended or prolonged entries are indicated with an asterisk.
(5)
Experience has shown the need to provide for an expiry date for the suspensions listed in Regulation (EC) No 1255/96 to ensure that account is taken of technological and economic changes. This should not exclude the premature termination of certain measures or their continuation beyond the suspension period, if economic reasons are submitted, in accordance with the principles laid down in the Commission Communication of 1998 concerning autonomous tariff suspensions and quotas (2).
(6)
Regulation (EC) No 1255/96 should therefore be amended accordingly.
(7)
Having regard to the economic importance of this Regulation, it is necessary to rely on the grounds of urgency provided for in point I(3) of the Protocol on the role of national parliaments in the European Union annexed to the Treaty on European Union and to the Treaties establishing the European Communities.
(8)
Since the suspensions laid down in this Regulation have to take effect from 1 January 2009, this Regulation should apply from the same date and enter into force immediately,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 1255/96 shall be replaced by the Annex to this Regulation.
Article 2
The temporary suspensions of the autonomous duties of the Common Customs Tariff for the products set out in the Annex shall apply from 1 January 2009. They shall expire on the dates listed in the Annex.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 2008.