1992R1602 — EN — 01.01.1996 — 002.001 — 1
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►B COUNCIL REGULATION (EEC)No 1602/92
of 15 June 1992
temporarily derogating from implementation of Community anti-dumping measures on imports
into the Canary Islands of certain sensitive products
(OJ L 173, 27.6.1992, p. 24)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 3257/94 of 22 December 1994 L339 8 29.12.1994
►M2Council Regulation (EC) No 363/96 of 26 February 1996 L51 1 1.3.1996
Corrected by:
►C1Corrigendum, OJ L 217, 23.8.1994, p. 18 (1602/92)
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COUNCIL REGULATION (EEC)No 1602/92
of 15 June 1992
temporarily derogating from implementation of Community anti-
dumping measures on imports into the Canary Islands of certain
sensitive products
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 113 thereof,
Having regard to the proposal from the Commission(
1),
Having regard to the opinion of the European Parliament(2),
WhereasCouncilRegulation(EEC)No1911/91of26June1991onthe
application of the provisions of Community law to the CanaryIslands(
3) stipulates, inter alia, that as from 1 July 1991 the Canary
IslandsaretobeanintegralpartoftheCommunity’scustomsterritory,that the Common Customs Tariff (CCT) is to be gradually introducedandthecommoncommercialpolicyappliestothoseislandsinlinewiththe conditions laid down for Spain in the Act of Accession; whereas,however, application of the common commercial policy may in partic-ular be subject to derogations, where appropriate, in respect of vertainsensitive products, to accompany the gradual introduction of the CCT;
Whereas Council Decision 91/314/EEC of 26 June 1991 setting up a
programme of options specific to the remote and insular nature of theCanaryIslands(Poseican)(
4)stipulatesinparticularthatattherequest,
with supporting documents, of the competent Spanish authorithies,specificmeasuresderogatingfromthecommoncommercialpolicymaybeconsideredinrespectofcertainsensitiveproducts,onacase-by-casebasis to take account of particular problems in a given sector of localproduction intended for local consumption or tourism, and/or to allowaccess for consumer goods such as textiles, clothes, optical and elec-tronic equipment or means of transport;
Whereas,intheirlettersofJuly1991,thecompetentSpanishauthorities
requestedexemptionformtheanti-dumpingdutiesappliedtoimportsofcertain major consumer electronic goods originating in certain non-member countries; whereas, during the examination of the request, thesameauthoritiesprovidedanadditionallistofproductstobeexemptedfrom anti-dumping duty on import;
Whereas anti-dumping measures fall within the scope of the common
commercialpolicy;whereas,therefore,temporaryderogationfromtheirapplication to imports of certain prodcuts into the Canary Islands ispossible under point 7.1 of the Annex to Decision 91/314/EEC;
Whereasthesensitiveproductswhichmightbecoveredbythespecific
measures applied for under point 7.1 of the Annex to Decision 91/314/EEC by the competent Spanish authorities should be determinedaccordingtothecriterialaiddowninthatprovisionandonthebasisofthe requests filed; whereas, following case-by-case examination, itappearsthatthenofthoseproductsfallwithinthecategoryofconsumergoods for the domestic market, access of which to the Canary Islandsshould be allowed through the specific measures; whereas none of theother products in respect of which requests have been filed fulfils theconditions laid down in the said point 7.1; whereas the measuresrequested are therefore justified in respect of imports of compact discplayers, video cassette recorders, small-screen colour televisionreceivers, audio and video cassettes, electronic typewriters, dot-matrix
(1) OJ No C 97, 16. 4. 1992, p. 14.
(2) Opinion delivered on 9 June 1992 (not yet published in the Offical
Journal).
(3) OJ No L 171, 29. 6. 1991, p. 1. Regulation amended by Regulation
(EEC) No 284/92 (OJ No L 31, 7. 2. 1992, p. 6).
(4) OJ No L 171, 29. 6. 1991, p. 5.
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printers,plainpaperphotocopiers,carradiosandespadrilles,asdetailed
in Annex I to this Regulation;
WhereastherequestfromtheSpanishauthoritiescoveredthewholeof
thetransitionalperiodfromtheentryintoforceofRegulation(EEC)No1911/91; whereas for this reason and to ensure continuity during thesaidperiodthespecificmeasuresapplicablefrom1July1991shouldbeestablished;
Whereas the said measures may be adopted to accompany the gradual
introduction of the CCT in the Canary Islands; whereas it is thereforeappropriate to phase out the exemptions, during the transitional periodending on 31 December 2000 provided for under Article 6 of Regula-tion (EEC) No 1911/91, by gradually applying anti-dumping duties inthe Canary Islands, in step with the introduction of the CCT; whereastherequestfromtheSpanishauthoritiestobenefitfromtotalexemptionfromanti-dumpingdutiesfrom1July1991inrespectoftheproductsinquestion is aimed at ensuring continuity in the way these products aresuppliedtotheCanaryIslandsundwhereassucharequestappearstobejustifiedforaninitialperiodendiungon31December1995;whereasattheendofthisperiod,intendedtoenableoperatorsonthelocalmarkettoadjusttothenewtariffarragementsbeingintroducedintheterritoryoftheCanaryIslands,anti-dumpingdutiesinrespectoftheproductsinquestion shall be collected gradually as a percentage of the anti-dumpingdutiespayableonthoseproductsintheCommunity,increasingby 20% a year from 1996 to become payable in full at the end of thetransitional period;
Whereaspoint7.2oftheAnnextoDecision91/314/EECstatesthatthe
specific measures adopted in derogation from the common commercialpolicy in respect of sensitive products must be tailored to the CanaryIslands’domesticmarkettoavoidanydeflectionoftrade;whereasitistherefore appropriate to establish fixed annual quantities for eachproduct in respect of which exemption is granted to ensure that theproducts are imported solely to cover domestic demand; whereas thesaid quantities should be calculated with reference to the volume ofcustomary annual consumption on the islands prior to the entry intoforce of Regulation (EEC) No 1911/91;
Whereasresponsibilityformonitoringcompliancewiththequantitative
limitsreferredtoaboveshouldbedevolveduponthecompetentSpanishauthorities, who should be asked, nevertheless, to inform the Commis-sion at regular intervals;
Whereasthelimitedvalidityoftheanti-dumpingmeasuresmightresult
inAnnexItothisRegulationbeingupdated;whereasprovisionshouldbemadetoreviewonceayear,attherequestoftheSpanishauthorities,the list of sensitive products in the said Annex, whereas only productsalready classified as sensitive under Regulation (EEC) No 1605/92temporarily suspending the autonomous common customs tariff dutieson imports of certain industrial products to the Canary Islands(
1), and
on imports on which anti-dumping duties have recently been imposed,maybeenteredonthesaidlist;whereasthefixedannualquantitiesforthese products shall be calculated with reference to the average annualvolumeofdemandontheCanaryIslandsbeforetheanti-dumpingdutiesare imposed; whereas the task of carrying out this periodic reviewshould be entrusted to the Commission, assisted by the AdvisoryCommitteesetupunderArticle6ofRegulation(EEC)No2423/88(
2),
(1) See page 31 of this Official Journal.
(2) OJ No L 209, 2. 8. 1988, p. 1.
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HAS ADOPTED THIS REGULATION:
Article 1
1. ImportsintotheCanaryIslandsofproductslistedinAnnexIshall,
within the limits of the fixed quantities given therein, be subject tospecific arrangements for the collection of anti-dumping duties.
▼
M2
2. Under the specific arrangements referred to in paragraph 1:
— from 1 July 1991 to 31 December 1996, full exemption from anti-
dumping duties shall be granted;
— from 1 January 1997, collection shall be gradually increased in
accordance with the details given in Annex II.
▼M1
3. Thespecificarrangementsreferredtoinparagraphs1and2shallapply solely to products intended for the Canary Islands’ domesticmarket.
4. The competent Spanish authorities shall adopt the provisions
necessary to administer and control the fixed quantities referred to inparagraph 1, and in particular to see that paragraph 3 is enforced,ensuring the collection of anti-dumping duties when the products inquestion are dispatched to other parts of the customs territory of theCommunity.
ThecompetentSpanishauthoritiesshallinformtheCommissionofsuch
measures at the earliest opportunity.
▼
B
Article 2
1. For the products referred to in Article 1, the competent Spanish
authorities shall inform the Commission by the fifteenth day of eachmonthstartingon15September1992ofthevolumeofgoodsimportedin exemption from anti-dumping duties or for which duties were onlypartially collected during the preceding quarter.
2. The information sent on 15 September 1992 shall cover all
imports of the products concerned having taken place since the entryinto force of this Regulation.
Article 3
Each year the Commission may, at the request of the Spanish authori-
ties, review the list of products in Annex I.
Article 4
When reviewing the list referred to in Article 3, the Commission shall
be assisted by a committee of an advisory nature.
The representative of the Commission shall submit to the committee a
draft of the measures to be taken. The committee shall deliver itsopinion on the draft within a time limit which the chairman may laydown according to the urgency of the matter, if necessary by taking avote.
Theopinionshallberecordedintheminutes;inaddition,eachMember
State shall have the right to ask to have its position recorded in theminutes.
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TheCommissionshalltaketheutmostaccountoftheopiniondeliveredbythecommittee.Itshallinformthecommitteeofthemannerinwhichits opinion has been taken into account.
Article 5
ThisRegulationshallenterintoforceonthethirddayfollowingthatof
its publication in the Official Journal of the European Communities .
It shall apply from 1 July 1991.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
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ANNEX I
List of products imported, or which may be imported, into the Canary Islands within the limits
of fixed annual quantities, subject to specific arrangements for the collection of anti-dumping
duties for the period 1 July 1991 to 31 December 2000
(Pieces)
CN-code Product Fixedannualquantity(1)
85199910 —compactdiscplayers 17100
85211038 —videocassetterecorders 18400
85281071 —small-screencolourtelevisionreceivers 16000
85231100 —audiocassettes 2000000
►C11300—videocassettes ◄ 625000
84692100
2900—electronictypewriters 8600
ex 84719290 —dotmatrixprinters 1150
ex 90091100
12002100—plainpaperphotocopiers 640
ex 64041990
ex 64052099—espadrilles 195300
85272110
21902900—carradios 52500
(1) Average 1989-1991 for countries of origin subject to anti-dumping duty.
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ANNEX II
Timetable for the gradual collection of anti-dumping duties payable on import into the Canary
Islands of products listed in Annex I
▼M2
PeriodPercentageofratesofanti-dumpingdutiesapplicablein
theCommunity’scustomsterritory
1July1991-31December1996 0
1January1997-31December1997 20
1January1998-31December1998 40
1January1999-31December1999 60
1January2000-31December2000 80
1January2001 100