1992R1602 — EN — 01.07.1991 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►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)
Corrected by:
►C1Corrigendum, OJ L 217, 23.8.1994, p. 18 (1602/92)
1992R1602 — EN — 01.07.1991 — 000.001 — 2
▼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
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),
Whereas Council Regulation (EEC) No 1911/91 of 26 June 1991 on the
application of the provisions of Community law to the CanaryIslands(
3) stipulates, inter alia , that as from 1 July 1991 the Canary
Islands are to be an integral part of the Community’s customs territory,that the Common Customs Tariff (CCT) is to be gradually introducedand the common commercial policy applies to those islands in line withthe 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 theCanary Islands (Poseican)(
4) stipulates in particular that at the request,
with supporting documents, of the competent Spanish authorithies,specific measures derogating from the common commercial policy maybe considered in respect of certain sensitive products, on a case-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, in their letters of July 1991, the competent Spanish authorities
requested exemption form the anti-dumping duties applied to imports ofcertain major consumer electronic goods originating in certain non-member countries; whereas, during the examination of the request, thesame authorities provided an additional list of products to be exemptedfrom anti-dumping duty on import;
Whereas anti-dumping measures fall within the scope of the common
commercial policy; whereas, therefore, temporary derogation from theirapplication to imports of certain prodcuts into the Canary Islands ispossible under point 7.1 of the Annex to Decision 91/314/EEC;
Whereas the sensitive products which might be covered by the specific
measures applied for under point 7.1 of the Annex to Decision 91/314/EEC by the competent Spanish authorities should be determinedaccording to the criteria laid down in that provision and on the basis ofthe requests filed; whereas, following case-by-case examination, itappears that then of those products fall within the category of consumergoods 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.
1992R1602 — EN — 01.07.1991 — 000.001 — 3
▼B
printers, plain paper photocopiers, car radios and espadrilles, as detailed
in Annex I to this Regulation;
Whereas the request from the Spanish authorities covered the whole of
the transitional period from the entry into force of Regulation (EEC) No1911/91; whereas for this reason and to ensure continuity during thesaid period the specific measures applicable from 1 July 1991 should beestablished;
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; whereasthe request from the Spanish authorities to benefit from total exemptionfromanti-dumping duties from 1 July 1991 in respect of the products inquestion is aimed at ensuring continuity in the way these products aresupplied to the Canary Islands und whereas such a request appears to bejustified for an initial period endiung on 31 December 1995; whereas atthe end of this period, intended to enable operators on the local marketto adjust to the new tariff arragements being introduced in the territoryof the Canary Islands, anti-dumping duties in respect of the products inquestion shall be collected gradually as a percentage of the anti-dumping duties payable on those products in the Community, increasingby 20% a year from 1996 to become payable in full at the end of thetransitional period;
Whereas point 7.2 of the Annex to Decision 91/314/EEC states that the
specific measures adopted in derogation from the common commercialpolicy in respect of sensitive products must be tailored to the CanaryIslands’ domestic market to avoid any deflection of trade; whereas it istherefore 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;
Whereas responsibility for monitoring compliance with the quantitative
limits referred to above should be devolved upon the competent Spanishauthorities, who should be asked, nevertheless, to inform the Commis-sion at regular intervals;
Whereas the limited validity of the anti-dumping measures might result
in Annex I to this Regulation being updated; whereas provision shouldbe made to review once a year, at the request of the Spanish authorities,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,may be entered on the said list; whereas the fixed annual quantities forthese products shall be calculated with reference to the average annualvolume of demand on the Canary Islands before the anti-dumping dutiesare imposed; whereas the task of carrying out this periodic reviewshould be entrusted to the Commission, assisted by the AdvisoryCommittee set up under Article 6 of Regulation (EEC) No 2423/88 (
2),
(1) See page 31 of this Official Journal.
(2) OJ No L 209, 2. 8. 1988, p. 1.
1992R1602 — EN — 01.07.1991 — 000.001 — 4
▼B
HAS ADOPTED THIS REGULATION:
Article 1
1. Imports into the Canary Islands of products listed in Annex I shall,
within the limits of the fixed quantities given therein, be subject tospecific arrangements for the collection of anti-dumping duties.
2. Under the specific arrangements referred to in paragraph 1:
— from 1 July 1991 to 31 December 1995, full exemption from anti-
dumping duties shall be granted;
— from 1 January 1996, collection shall be gradually increased in
accordance with the details given in Annex II.
3. The competent Spanish authorities shall adopt the necessary meas-
ures to administer and control the fixed quantities referred to underparagraph 1.
Article 2
1. For the products referred to in Article 1, the competent Spanish
authorities shall inform the Commission by the fifteenth day of eachmonth starting on 15 September 1992 of the volume of goods importedin 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.
The opinion shall be recorded in the minutes; in addition, each Member
State shall have the right to ask to have its position recorded in theminutes.
The Commission shall take the utmost account of the opinion delivered
by the committee. It shall inform the committee of the manner in whichits opinion has been taken into account.
Article 5
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.
1992R1602 — EN — 01.07.1991 — 000.001 — 5
▼B
CN-code Product Fixed annual quantity (1)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)
8519 99 10 — compact disc players 17 100
8521 1038 — video cassette recorders 18 400
8528 1071 — small-screen colour television receivers 16 000
8523 11 00 — audio cassettes 2 000 000
►C11300— video cassettes ◄ 625 000
8469 21 00
2900— electronic typewriters 86 00
ex 8471 92 90 — dot matrix printers 1 150
ex 9009 11 00
12002100— plain paper photocopiers 640
ex 6404 19 90
ex 6405 20 99— espadrilles 195 300
8527 21 10
21902900— car radios 52 500
(1) Average 1989-1991 for countries of origin subject to anti-dumping duty.
1992R1602 — EN — 01.07.1991 — 000.001 — 6
▼B
PeriodPercentage of rates of anti-dumping duties applicable in
the Community’s customs territoryANNEX II
Timetable for the gradual collection of anti-dumping duties payable on import into the Canary
Islands of products listed in Annex I
1 July 1991 — 30June 1992 0
1 July — 31 December 1992 0
1 January — 31 December 1993 0
1 January — 31 December 1994 0
1 January — 31 December 1995 0
1 January — 31 December 1996 20
1 January — 31 December 1997 40
1 January — 31 December 1998 60
1 January — 31 December 1999 80
from 1 January 2000 100