COUNCIL REGULATION (EU) No 12/2010
of 22 December 2009
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 on the functioning of the European Union, and in particular Article 31 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
Council Regulation (EC) No 1255/96 (1) partially or totally suspends the autonomous common customs tariff duties for a number of products during certain periods. It is in the interest of the Union to insert 87 new products in the list of suspensions set out in the Annex to that Regulation.
(2)
A limited number of products listed in the Annex to Regulation (EC) No 1255/96 should be withdrawn from the list because it is no longer in the interest of the Union to maintain the suspension of autonomous common customs tariff duties for those products.
(3)
For some products listed in that Annex the description needs to be modified in order to take account of technical product developments and economic trends on the market. For 110 other products, the CN and TARIC codes should be adapted as a consequence of changes introduced in the Combined Nomenclature, applicable as from 1 January 2010. The entries for those products should be considered as withdrawn from the list and should be reinserted as new products.
(4)
For ease of comprehension, in view of the large number of amendments coming into force on 1 January 2010, the Annex to Regulation (EC) No 1255/96 should be replaced by a completely new version which has effect from the same date. In the interest of clarity the new and amended entries should be marked with an asterisk in the first column of the Annex.
(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 25 April 1998 concerning autonomous tariff suspensions and quotas.
(6)
Regulation (EC) No 1255/96 should therefore be amended accordingly.
(7)
Since the suspensions laid down in this Regulation have to take effect from 1 January 2010, 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 is hereby replaced by the text in 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 to Regulation (EC) No 1255/96 as amended by this Regulation shall apply from 1 January 2010. They shall expire on the dates listed in that 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 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 December 2009.