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( 1 ) OJ NO L 14 , 21 . 1 . 1969 , P . 1 .

( 2 ) OJ NO L 40 , 11 . 2 . 1977 , P . 1 .

( 3 ) OJ NO L 172 , 22 . 7 . 1968 , P . 1 .

( 4 ) OJ NO L 303 , 28 . 11 . 1977 , P . 1 .

( 5 ) OJ NO L 171 , 9 . 7 . 1977 , P . 1 .

COMMISSION REGULATION ( EEC ) NO 2695/77

OF 7 DECEMBER 1977

DETERMINING THE CONDITIONS UNDER WHICH GOODS FOR CERTAIN CATEGORIES OF AIRCRAFT AND SHIPS ARE ELIGIBLE UPON IMPORTATION FOR A FAVOURABLE TARIFF ARRANGEMENT

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 97/69 OF 16 JANUARY 1969 ON MEASURES TO BE TAKEN FOR UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 280/77 ( 2 ), AND IN PARTICULAR ARTICLES 3 AND 4 THEREOF ,

WHEREAS THE COMMON CUSTOMS TARIFF ANNEXED TO COUNCIL REGULATION ( EEC ) NO 950/68 OF 28 JUNE 1968 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2560/77 ( 4 ), LAYS DOWN THAT DUTIES ON PRODUCTS SPECIFIED IN SECTION A OF ANNEX I TO THIS REGULATION ARE SUSPENDED WHEN THE PRODUCTS ARE INTENDED TO BE FITTED IN AIRCRAFT IMPORTED DUTY FREE OR BUILT WITHIN THE COMMUNITY ; WHEREAS THE SUSPENSION SHALL BE SUBJECT TO CONDITIONS TO BE DETERMINED BY THE COMPETENT AUTHORITIES ; WHEREAS SUCH CONDITIONS SHALL ALSO APPLY TO THE GRANTING OF A FAVOURABLE TARIFF ARRANGEMENT TO GOODS INTENDED FOR USE IN THE CONSTRUCTION , MAINTENANCE AND REPAIR OF AIRCRAFT , COVERED BY COMMUNITY TARIFF SUSPENSIONS ;

WHEREAS , IN SECTION II ( A ) OF ITS PRELIMINARY PROVISIONS , THE COMMON CUSTOMS TARIFF ALSO PROVIDES THAT CUSTOMS DUTIES ARE SUSPENDED IN RESPECT OF GOODS INTENDED FOR INCORPORATION IN CERTAIN CATEGORIES OF SHIPS , BOATS OR OTHER VESSELS , FOR THE PURPOSES OF THEIR CONSTRUCTION , REPAIR , MAINTENANCE OR CONVERSION , AND IN RESPECT OF GOODS INTENDED FOR FITTING TO OR EQUIPPING SUCH SHIPS , BOATS OR OTHER VESSELS ; WHEREAS THE SUSPENSION SHALL BE SUBJECT TO CONDITIONS TO BE DETERMINED BY THE COMPETENT AUTHORITIES WITH A VIEW TO CUSTOMS CONTROL OF THE USE OF SUCH GOODS ;

WHEREAS , IN ORDER TO ENSURE UNIFORM APPLICATION OF THE NOMENCLATURE AND RATES OF DUTY OF THE COMMON CUSTOMS TARIFF , PROVISIONS ARE NECESSARY FOR FIXING THOSE CONDITIONS ;

WHEREAS COMMISSION REGULATION ( EEC ) NO 1535/77 OF 4 JULY 1977 DETERMINING THE CONDITIONS UNDER WHICH CERTAIN GOODS ARE ELIGIBLE UPON IMPORTATION FOR A FAVOURABLE TARIFF ARRANGEMENT BY REASON OF THEIR END-USE ( 5 ), SETS OUT BOTH THE GENERAL AND MINIMUM CONDITIONS GOVERNING SUCH GOODS ; WHEREAS THAT REGULATION SHOULD BE APPLIED TO THE PRODUCTS REFERRED TO ABOVE ;

WHEREAS , NEVERTHELESS , THESE PROVISIONS HAVE TO BE VARIED IN RELATION TO GOODS CONSIGNED , SUBJECT TO CERTAIN CONDITIONS , BY AIRLINES FOR THE MAINTENANCE OR REPAIR OF AIRCRAFT ;

WHEREAS , HOWEVER , IN VIEW OF THE SPECIAL REQUIREMENTS ARISING OUT OF THE PARTICULAR END-USE OF THE PRODUCTS IN QUESTION , SPECIAL PROVISIONS ARE NEEDED TO COVER , ON THE ONE HAND , AN EXTENSION OF THE PERIOD WITHIN WHICH THE GOODS MUST BE USED AND , ON THE OTHER HAND , A BROADENING OF THE SCOPE OF THE PROVISIONS WHEREBY THE GOODS MAY BE PUT TO A USE OTHER THAN THE END-USE PROVIDED FOR OR MAY BE EXPORTED OUTSIDE THE CUSTOMS TERRITORY OF THE COMMUNITY ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE ON COMMON CUSTOMS TARIFF NOMENCLATURE ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

SUBJECT TO THE PROVISIONS OF ARTICLE 2 HEREUNDER , COMMISSION REGULATION ( EEC ) NO 1535/77 SHALL APPLY TO THE PRODUCTS LISTED IN ANNEXES I AND II TO THIS REGULATION .

HOWEVER , UNTIL 31 DECEMBER 1978 , THE ABOVMENTIONED REGULATION SHALL NOT APPLY TO GOODS , FOR THE MAINTENANCE OR REPAIR OF AIRCRAFT , CONSIGNED BY AIR FROM ONE MEMBER STATE TO ANOTHER BY AIRLINES ENGAGED IN INTERNATIONAL TRAFFIC , WHETHER THE GOODS ARE TO BE TRANSFERRED EITHER FOR THE AIRLINES OWN NEEDS OR UNDER THE TERMS OF EXCHANGE AGREEMENTS .

ARTICLE 2

1 . BY WAY OF DEROGATION FROM ARTICLE 5 OF REGULATION ( EEC ) NO 1535/77 , THE PERIOD WITHIN WHICH THE GOODS MUST BE PUT TO THE PRESCRIBED USE SHALL BE FIVE YEARS .

2 . BY WAY OF DEROGATION FROM THE FIRST PARAGRAPH OF ARTICLE 10 AND PARAGRAPH 1 OF ARTICLE 11 OF REGULATION ( EEC ) NO 1535/77 THE COMPETENT AUTHORITIES MAY AUTHORIZE THE USE OF THE GOODS OTHER THAN AS PROVIDED FOR UNDER THE FAVOURABLE TARIFF ARRANGEMENT REFERRED TO IN ARTICLE 1 OF THAT REGULATION OR THE EXPORTATION OF THE GOODS OUTSIDE THE CUSTOMS TERRITORY OF THE COMMUNITY IF THEY CONSIDER SUCH AUTHORIZATION JUSTIFIED BY ECONOMIC REASONS .

ARTICLE 3

EACH MEMBER STATE SHALL INFORM THE COMMISSION OF THE STEPS TAKEN BY ITS CENTRAL ADMINISTRATION FOR THE PURPOSES OF APPLYING THIS REGULATION . THE COMMISSION SHALL FORTHWITH COMMUNICATE THIS INFORMATION TO THE OTHER MEMBER STATES .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON THE SEVENTH DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY FROM 1 JANUARY 1978 .

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

DONE AT BRUSSELS , 7 DECEMBER 1977 .

FOR THE COMMISSION

ETIENNE DAVIGNON

MEMBER OF THE COMMISSION

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ANNEX I

// //

CCT HEADING NO // DESCRIPTION //

//

// SECTION A //

84.06 // INTERNAL COMBUSTION PISTON ENGINES : //

// A . AIRCRAFT ENGINES AS DEFINED IN ADDITIONAL NOTE 1 TO THIS CHAPTER , OF A POWER OF : //

// I . 300 KW OR LESS ( A ) //

// II . MORE THAN 300 KW ( A ) //

// D . PARTS : //

// I . FOR AIRCRAFT ENGINES ( A ) //

84.08 // OTHER ENGINES AND MOTORS : //

// A . REACTION ENGINES : //

// I . TURBO-JETS DEVELOPING A THRUST OF : //

// A ) 2 500 KG OR LESS ( A ) //

// B ) MORE THAN 2 500 KG ( A ) //

// II . OTHER ( FOR EXAMPLE , RAM-JETS , PULSE-JETS , ROCKET ENGINES ) ( A ) //

// B . GAS TURBINES : //

// I . TURBO-PROPELLERS DEVELOPING A POWER OF : //

// A ) 1 100 KW OR LESS ( A ) //

// B ) MORE THAN 1 100 KW ( A ) //

// D . PARTS : //

// I . OF REACTION ENGINES OR OF TURBO-PROPELLERS ( A ) //

88.03 // PARTS OF GOODS FALLING WITHIN HEADING NO 88.01 OR 88.02 : //

// B . OTHER ( A ) //

// SECTION B //

MISCELLANEOUS // GOODS INTENDED FOR USE IN THE CONSTRUCTION , MAINTENANCE AND REPAIR OF AIRCRAFT , COVERED BY COMMUNITY TARIFF SUSPENSIONS //

( A ) THIS APPLIES ONLY TO ARTICLES INTENDED TO BE FITTED IN AIRCRAFT IMPORTED DUTY FREE OR BUILT WITHIN THE COMMUNITY .

ANNEX II

// //

CCT HEADING NO // DESCRIPTION //

//

MISCELLANEOUS // GOODS INTENDED FOR INCORPORATION IN THE SHIPS , BOATS OR OTHER VESSELS FALLING WITHIN SUBHEADINGS 89.01 A , 89.01 B I , 89.02 A , 89.02 B I AND 89.03 A , FOR THE PURPOSES OF THEIR CONSTRUCTION , REPAIR , MAINTENANCE OR CONVERSION , AND GOODS INTENDED FOR FITTING TO OR EQUIPPING SUCH SHIPS , BOATS OR OTHER VESSELS ( SECTION II ( A ) OF PRELIMINARY PROVISIONS AND SUBHEADING 84.06 C II EX A )) //