EN Official Journal of the European Union L 346/3

COMMISSION REGULATION (EC) No 2331/2003

of 23 December 2003

implementing Article 12 of Council Regulation (EC) No 2501/2001 applying a scheme of generalised tariff preferences for the period 1 January 2002 to 31 December 2004 and amending that Regulation

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2501/2001 of 10 December 2001 applying a scheme of generalised tariff preferences for the period 1 January 2002 to 31 December 2004 (1), and in particular Article 12 thereof,

Whereas:

(1) The tariff preferences provided for in Articles 7 and 10 of Regulation (EC) No 2501/2001 should be removed in respect of products, originating in a beneficiary country, of a sector which has met, during three consecutive years, either of the criteria laid down in Article 12(1) of that Regulation.

(2) Tariff preferences which had been removed under previous schemes and under Council Regulation (EC) No 815/2003 (2), should be re-established in respect of a sector that has not met, during three consecutive years, the criteria laid down in Article 12(2) of Regulation (EC) No 2501/2001.

(3) The condition in Article 12(3) of Regulation (EC) No 2501/2001, whereby paragraphs 1 and 2 of Article 12 do not apply to beneficiary countries whose exports to the Community account for less than the threshold mentioned in that condition, has been met by Argentina, Iran and Uruguay.

(4) Tariff preferences which had been removed under previous schemes and under Regulation (EC) No 815/2003, should be re-established in respect of sectors of all beneficiary countries whose exports to the Community account for less than the threshold mentioned in Article 12(3) of Regulation (EC) No 2501/2001.

(5) The most recent and complete statistics, which are those for the years 1999 to 2001, should be used in order to establish which sectors meet the conditions laid down in Regulation (EC) No 2501/2001.

(6) Annex I to Regulation (EC) No 2501/2001 should be replaced in order to reflect the removal or re-establishment of tariff preferences provided for in Articles 7 and 10.

(7) The measures provided for in this Regulation are in accordance with the opinion of the Generalised Preferences Committee,

HAS ADOPTED THIS REGULATION:

Article 1

1. The tariff preferences provided for in Articles 7 and 10 of Regulation (EC) No 2501/2001 shall be removed according to Article 12(1) of that Regulation in respect of products originating in the beneficiary countries listed in Annex I to this Regulation, falling under the sectors mentioned in that Annex alongside each country concerned.

2. The tariff preferences provided for in Articles 7 and 10 of Regulation (EC) No 2501/2001 shall be re-established according to Article 12(2) of that Regulation in respect of products originating in the beneficiary countries listed in Annex II to this Regulation, falling under the sectors mentioned in that Annex alongside each country concerned.

3. The tariff preferences which had been removed under previous schemes and under Regulation (EC) No 815/2003, shall be re-established according to Article 12(3) of Regulation (EC) No 2501/2001 in respect of all beneficiary countries listed in Annex II to this Regulation.

Article 2

Annex I to Regulation (EC) No 2501/2001 shall be replaced by the text set out in Annex III to this Regulation.

Article 3

This Regulation shall enter into force on 1 January 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 December 2003. For the Commission Pascal LAMY Member of the Commission

(1) OJ L 346, 31.12.2001, p. 1; Regulation as last amended by Council Regulation (EC) No 2211/2003 (OJ L 332, 19.12.2003, p. 1).

(2) OJ L 116, 13.5.2003, p. 3.

ANNEX I Sectors in respect of which tariff preferences shall be removed Country code Beneficiary country Sector Description BR Brazil XXXIV Other base metals and articles of base metal CN People's Republic of China XXV Jewellery and precious metals MX Mexico XXXI Automobiles PK Pakistan XXII Clothing RU Russian Federation XXXIV Other base metals and articles of base metal TH Thailand XXIV Glass and ceramic

ANNEX II — Sectors in respect of which tariff preferences shall be re-established in application of Article 12(2) of Regulation (EC) No 2501/2001 Country code Beneficiary country Sector Description BR Brazil XXIII Footwear IN India XVII Leather, raw hides and skins TH Thailand XVIII Articles of leather and fur skins — Countries in respect of which all tariff preferences previously removed shall be re-established in application of Article 12(3) of Regulation (EC) No 2501/2001 Argentina Brunei Darussalam Belarus Chile Colombia Costa Rica Iran Kuwait Macao Mauritius Philippines Ukraine Uruguay