COUNCIL REGULATION (EEC) No 1605/92 of 15 June 1992 temporarily suspending the autonomous Common Customs Tariff duties on imports of certain industrial products into the Canary Islands
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 28 thereof,
Having regard to the proposal from the Commission(1) ,
Having regard to the opinion of the European Parliament(2) ,
Whereas Council Regulation (EEC) No 1911/91 of 26 June 1991 on the application of the provisions of Community law to the Canary Islands(3) , provides that from 1 July 1991 the Canary Islands shall form part of the Community's customs territory and that the Common Customs Tariff (CCT) shall be progressively introduced during a transitional period which, in principle, may not extend beyond 31 December 2000; whereas, consequently, since 1 July 1991 imports of industrial products into the Canary Islands originating in non-member countries have been subject to customs duties which hitherto had non been levied on them;
Whereas point 7.1 of the Annex to Council Decision 91/314/EEC of 26 June 1991 setting up a programme of options specific to the remote and insular nature of the Canary Islands (Poseican)(4) states that, at the request - with supporting documents - of the relevant Spanish authorities, specific tariff measures will be considered for certain sensitive products to take account of particular problems in a given sector of local production intended for local consumption or tourism, with a view to maintaining an exemption equivalent to that applied prior to the entry into force of Regulation (EEC) No 1911/91 and to allow access for consumer goods;
Whereas, according to point 7.2 of the said Annex, such measures must be carefully tailored to the Canary Islands' domestic market to avoid any deflection of trade and, in principle, must be limited to the transitional period provided for under Article 6 of Regulation (EEC) No 1911/91 for the gradual adoption of the Common Customs Tariff to the Canary Islands;
Whereas the relevant Spanish authorities submitted a request on 12 July 1991 for autonomous Common Customs Tariff duties to be suspended in full, from 1 July 1991 to 31 December 2000, on imports of certain sensitive products into the Canary Islands;
Whereas, in the light of the supporting arguments presented by the Spanish authorities to the Commission on 4 November 1991, these products are considered to be sensitive for the Canary Islands' economy;
Whereas, in order to ensure that the requested measure is carefully tailored to the Canary Islands' domestic market as it is now and as it might be by 31 December 2000, it is considered appropriate, initially, to suspend all duty on the abovementioned products up to 31 December 1995; whereas the measures to be decided between this date and the end of the transitional period must be adopted at a later stage in the light of all the measures adopted in favour of the economy of the Canary Islands until 31 December 1995; whereas, on the other hand, the purpose of the Spanish authorities' request for the products in question to be exempted from customs duty from 1 July 1991 is to maintain the supply of the products in question and is hence deemed to be justified;
Whereas measures must be taken to ensure that the products for which suspension is requested are intended solely for the Canary Islands' domestic market and also to ensure that the Commission is kept regularly informed of the volume of imports in question so that, if necessary, it can take steps to prevent any speculative movement or deflection of trade,
HAS ADOPTED THIS REGULATION:
Article 1
1. The Common Customs Tariff duties applicable to imports into the Canary Islands of the products listed in the Annex shall be suspended in full from 1 July 1991 to 31 December 1995.
2. The suspension referred to in paragraph 1 shall apply solely to products intended for the Canary Islands' domestic market.
3. The relevant Spanish authorities shall adopt the provisions necessary to ensure compliance with paragraph 2 pursuant to the relevant Community provisions on end-use and in particular the levying of Common Customs Tariff duties when the products in question are dispatched to the other parts of the customs territory of the Community.
They shall inform the Commission of such measures at the earliest opportunity.
Article 2
1. In the case of the products referred to in Article 1, the relevant Spanish authorities shall inform the Commission, no later than the fifteenth of each month, beginning on 15 September 1992, of the volume of imports exempted from duty during the preceding month.
2. The information to be sent on 15 September 1992 must cover all imports since 1 July 1991.
Article 3
In the framework of the interim period provided for in Article 6 of Regulation (EEC) No 1911/91, the Commission, after consulting the competent Spanish authorities, shall examine in 1995 the effect of all the measures adopted in favour of the economy of the Canary Islands. On the basis of the outcome of this examination, it shall submit to the Council the requisite proposals for the period extending beyond 31 December 1995.
Article 4
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 from 1 July 1991.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 15 June 1992.