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( 1 ) OJ NO L 134 , 19 . 5 . 1984 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 3384/84 OF 27 NOVEMBER 1984 TEMPORARILY SUSPENDING THE AUTONOMOUS COMMON CUSTOMS TARIFF DUTIES FOR CERTAIN PRODUCTS INTENDED FOR USE IN THE CONSTRUCTION , MAINTENANCE AND REPAIR OF AIRCRAFT

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 DRAFT REGULATION SUBMITTED BY THE COMMISSION ,

WHEREAS REGULATION ( EEC ) NO 1345/84 ( 1 ) PROVIDED FOR THE SUSPENSION OF THE DUTIES LAID DOWN IN THE COMMON CUSTOMS TARIFF FOR A CERTAIN NUMBER OF PRODUCTS WHICH ARE INTENDED TO BE EITHER INCORPORATED IN THE CONSTRUCTION OF AEROPLANES OF AN UNLADEN WEIGHT EXCEEDING 15 000 KILOGRAMS OR USED FOR THE MAINTENANCE OR REPAIR OF AEROPLANES OF AN UNLADEN WEIGHT EXCEEDING 15 000 KILOGRAMS OR FOR AEROPLANES OR HELICOPTERS OF AN UNLADEN WEIGHT EXCEEDING 2 000 KILOGRAMS BUT NOT EXCEEDING 15 000 KILOGRAMS ;

WHEREAS ALL THESE SUSPENSION MEASURES WILL EXPIRE ON 31 DECEMBER 1984 ;

WHEREAS , HAVING REGARD TO THE TECHNICAL REQUIREMENTS ASSOCIATED WITH THE DESIGN OF AEROPLANES CURRENTLY CONSTRUCTED IN THE COMMUNITY , SUSPENSION MEASURES DIFFERENTIATED ACCORDING TO THE TYPE TO WHICH THE AEROPLANES UNDER CONSIDERATION BELONG SHOULD BE MAINTAINED FROM 1 JANUARY 1985 IN RESPECT OF PRODUCTS INTENDED FOR THE CONSTRUCTION OF AEROPLANES OF AN UNLADEN WEIGHT EXCEEDING 15 000 KILOGRAMS IN ORDER TO TAKE ACCOUNT , IN EACH CASE , OF THE CAPABILITIES OF THE COMMUNITY INDUSTRY ;

WHEREAS , IN VIEW OF THE PRINCIPLES LAID DOWN FOR SUSPENSION OF COMMON CUSTOMS TARIFF DUTIES IN RESPECT OF CERTAIN PRODUCTS INTENDED FOR THE CONSTRUCTION OF AEROPLANES OF AN UNLADEN WEIGHT EXCEEDING 15 000 KILOGRAMS , IT IS NECESSARY TO ESTABLISH A LIST OF PRODUCTS ADMISSIBLE TO SUSPENSION OF CUSTOMS DUTIES FOR THE MAINTENANCE OR REPAIR OF AEROPLANES OF THAT KIND CONSTRUCTED IN THE COMMUNITY ; WHEREAS , PROVIDED THAT ACCOUNT IS TAKEN OF THE CURRENT CAPACITY OF THE COMMUNITY INDUSTRY , THE ARRANGEMENTS SHOULD ALSO BE CONTINUED WHEREBY USERS OF AIRCRAFT OF AN UNLADEN WEIGHT EXCEEDING 15 000 KILOGRAMS CONSTRUCTED IN THIRD COUNTRIES OR THE PREVIOUS CONSTRUCTION OF WHICH IN THE COMMUNITY HAS REQUIRED A CONSIDERABLE QUANTITY OF PRODUCTS IMPORTED FROM THIRD COUNTRIES , MAY OBTAIN SUPPLIES OF PRODUCTS NECESSARY FOR THE MAINTENANCE OR REPAIR OF SUCH AIRCRAFT UNDER SUSPENSION OF COMMON CUSTOMS TARIFF DUTIES ;

WHEREAS A LIMITED NUMBER OF PRODUCTS WHICH ARE NOT AVAILABLE IN THE COMMUNITY ARE ALSO ESSENTIAL FOR THE MAINTENANCE OR REPAIR OF CERTAIN TYPES OF AEROPLANES AND HELICOPTERS OF AN UNLADEN WEIGHT EXCEEDING 2 000 KILOGRAMS BUT NOT EXCEEDING 15 000 KILOGRAMS ; WHEREAS COMMON CUSTOMS TARIFF DUTIES IN RESPECT OF THESE PRODUCTS SHOULD ACCORDINGLY BE SUSPENDED ;

WHEREAS PROVISION SHOULD BE MADE FOR THE ADAPTATION , IN THE LIGHT OF ADVANCES IN THE TECHNICAL CAPABILITIES OF THE COMMUNITY AIRCRAFT INDUSTRY AND OF COMMUNITY AIRCRAFT EQUIPMENT INDUSTRIES , OF THE ARRANGEMENTS TO BE MADE CONCERNING THE APPLICATION OF THE COMMON CUSTOMS TARIFF TO PRODUCTS IMPORTED FROM THIRD COUNTRIES FOR USE IN THE CONSTRUCTION , MAINTENANCE OR REPAIR OF AIRCRAFT ; WHEREAS SUCH ADAPTATION COULD INVOLVE A REVIEW OF ARRANGEMENTS IN FORCE AT RELATIVELY SHORT INTERVALS ; WHEREAS IT IS THEREFORE NECESSARY TO LIMIT THE PERIOD OF APPLICATION OF THIS REGULATION TO SIX MONTHS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . THE COMMON CUSTOMS TARIFF DUTIES ON THE PRODUCTS LISTED IN ANNEX I SHALL BE SUSPENDED TO THE LEVELS INDICATED IN COLUMN 3 THEREOF PROVIDED THAT THE SAID PRODUCTS ARE INTENDED TO BE INCORPORATED , ON THE CONDITIONS TO BE DETERMINED BY THE COMPETENT AUTHORITIES , IN THE CONSTRUCTION OF AEROPLANES OF AN UNLADEN WEIGHT EXCEEDING 15 000 KILOGRAMS , AS INDIVIDUALLY LISTED IN COLUMN 4 OF THE SAID ANNEX .

2 . THIS ARTICLE SHALL ALSO APPLY TO THE SAME PRODUCTS INTENDED FOR THE MANUFACTURE , ON THE CONDITIONS TO BE DETERMINED BY THE COMPETENT AUTHORITIES , OF PARTS NECESSARY FOR THE CONSTRUCTION OF THE AIRCRAFT CONCERNED .

ARTICLE 2

1 . THE COMMON CUSTOMS TARIFF DUTIES ON THE PRODUCTS LISTED IN ANNEX II SHALL BE SUSPENDED TO THE LEVEL INDICATED IN COLUMN 3 OR 4 THEREOF , AS THE CASE MAY BE , PROVIDED THAT SUCH PRODUCTS ARE INTENDED TO BE INCORPORATED , ON THE CONDITIONS TO BE DETERMINED BY THE COMPETENT AUTHORITIES , IN THE MAINTENANCE OR REPAIR OF AEROPLANES OF AN UNLADEN WEIGHT EXCEEDING 15 000 KILOGRAMS COMPRISED IN ONE OR OTHER OF THE CATEGORIES SPECIFIED IN THAT ANNEX AND , IN RESPECT OF THOSE IN CATEGORY B , IN SO FAR AS THE MAINTENANCE OR REPAIR RELATES TO AEROPLANES LISTED IN COLUMN 5 OF THAT ANNEX .

2 . HOWEVER , IN THE CASE OF PRODUCTS FALLING WITHIN HEADING NOS 85.15 , 85.22 AND 90.14 OF THE COMMON CUSTOMS TARIFF AND AGAINST WHICH APPEARS A " ( 1 ) " , PARAGRAPH 1 SHALL APPLY ONLY WHERE SUCH PRODUCTS ARE INTENDED FOR THE MAINTENANCE OR REPAIR OF AEROPLANES OF A TYPE CERTIFICATED FOR THE FIRST TIME IN A MEMBER STATE OF THE COMMUNITY BEFORE 7 MAY 1973 AND EITHER CONSTRUCTED IN THE COMMUNITY OR IMPORTED AND USED AT THAT DATE ON REGULAR ROUTES BY AIRLINE COMPANIES OF THE COMMUNITY .

ARTICLE 3

1 . THE COMMON CUSTOMS TARIFF DUTIES ON THE PRODUCTS LISTED IN ANNEX III SHALL , PROVIDED THAT SUCH PRODUCTS ARE INTENDED TO BE INCORPORATED , ON THE CONDITIONS TO BE DETERMINED BY THE COMPETENT AUTHORITIES , IN THE MAINTENANCE OR REPAIR OF AEROPLANES AND HELICOPTERS OF AN UNLADEN WEIGHT EXCEEDING 2 000 KILOGRAMS BUT NOT EXCEEDING 15 000 KILOGRAMS , WHICH ARE LISTED IN COLUMN 4 OR 5 OF THAT ANNEX , AS THE CASE MAY BE , BE SUSPENDED TO THE LEVELS INDICATED IN COLUMN 3 .

2 . HOWEVER , IN THE CASE OF PRODUCTS FALLING WITHIN HEADING NO 85.15 OF THE COMMON CUSTOMS TARIFF AND AGAINST WHICH APPEARS A " ( 1 ) " , PARAGRAPH 1 SHALL APPLY ONLY WHERE SUCH PRODUCTS ARE INTENDED FOR THE MAINTENANCE OR REPAIR OF AEROPLANES AND HELICOPTERS OF A TYPE CERTIFICATED FOR THE FIRST TIME IN A MEMBER STATE OF THE COMMUNITY BEFORE 1 JANUARY 1973 AND EITHER CONSTRUCTED IN THE COMMUNITY OR IMPORTED AND USED AT THAT DATE ON REGULAR ROUTES BY AIRLINE COMPANIES OF THE COMMUNITY .

ARTICLE 4

FOR THE PURPOSES OF ARTICLES 2 ( 2 ) AND 3 ( 2 ) , TYPE OF AEROPLANE OR HELICOPTER SHALL BE TAKEN TO MEAN THE PROTOTYPE OF THAT AEROPLANE OR HELICOPTER AND VERSIONS DERIVED DIRECTLY FROM THAT PROTOTYPE , EXCEPT VERSIONS WHICH DIFFER FUNDAMENTALLY FROM THE PROTOTYPE .

ARTICLE 5

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1985 .

IT SHALL APPLY UNTIL 30 JUNE 1985 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 27 NOVEMBER 1984 .

FOR THE COUNCIL

THE PRESIDENT

P . BARRY