[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 30.05.2005

COM(2005)220 final

.

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 1255/96 temporarily suspending the autonomous common customs tariff duties on certain industrial, agricultural and fishery products

.(presented by the Commission)

EXPLANATORY MEMORANDUM

CONTEXT OF THE PROPOSAL |

110 | Grounds for and objectives of the proposal The Commission, assisted by the Economic Tariff Questions Group, has reviewed all the requests for temporary suspension of autonomous common customs tariff duties presented to it by the Member States. The attached proposal concerns certain industrial and agricultural products. Requests for suspension relating to the above products were examined in the light of the criteria set out in the communication from the Commission concerning autonomous tariff suspensions and quotas (see OJ C 128, 25.4.1998, p. 2). Following this review, the Commission considers that the suspension or the reduction of duties is justified for the products listed in the Annex I to the attached proposal for a Regulation. Products for which suspension is no longer in the Community's economic interests have been withdrawn and are set out in Annex II. The two annexes to this Regulation thus correspond respectively, to the list of products for which suspension is proposed, or for which the wording has to be changed, and the list of products removed from the Annex to Regulation (EC) No 1255/96. Amendments to the description of certain products listed in the Annex to Regulation (EC) No 1255/96, where they have become necessary, have been taken into account as follows: - addition of the nomenclature code for the product (listed in the Annex to Regulation (EC) No 1255/96) in Annex II, - addition of the new amended product description in Annex I. The period of validity of the proposed measure is unspecified, since its purpose is to amend the annex to Council Regulation (EC) No 1255/96, the period of validity of which is itself unspecified. |

120 | General context It is in the interest of the Community to suspend partially or totally the autonomous common customs tariff duties for a number of new products not listed in the Annex to Council Regulation (EC) No 1255/96 temporarily suspending the autonomous common customs tariff duties on certain industrial, agricultural and fishery products. |

130 | Existing provisions in the area of the proposal OJ L 158, 29.6.1996, p. 1. Regulation last amended by Regulation (EC) No 2271/2004 (OJ L 396, 31.12.2004, p. 13). |

141 | Consistency with other policies and objectives of the Union In line with agricultural, trade, enterprise, development and external relations policies. |

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT |

Consultation of interested parties |

219 | Consultation methods, main sectors targeted and general profile of respondents The Economic Tariff Questions Group representing the industries of each Member State was consulted. |

Summary of responses and how they have been taken into account All listed suspensions correspond to the agreement of the discussions inside the group. Collection and use of expertise Scientific/expertise domains concerned Open consultation Methodology used Experts representing the MS on the Economic Tariff Questions Group Main organisations/experts consulted Experts designated by each of the MS |

229 | Summary of advice received and used The existence of potentially serious risks with irreversible consequences has not been mentioned. |

230 | Agreement of the Economic and Tariff Questions Group. Means used to make the expert advice publicly available Publication of the Proposal Impact assessment Not applicable – Proposal not included in the Commission's Working and Legislative Programme 2005 |

LEGAL ELEMENTS OF THE PROPOSAL |

305 | Summary of the proposed action Proposal for a Council Regulation amending Regulation (EC) No 1255/96 temporarily suspending the autonomous common customs tariff duties on certain industrial, agricultural and fishery products. |

310 | Legal basis Art 26 |

329 | Subsidiarity principle The proposal falls under the exclusive competence of the Community. The subsidiarity principle therefore does not apply. |

Proportionality principle The proposal complies with the proportionality principle for the following reason(s). |

331 | The proposed measures are in accordance with the objectives of the "Customs 2000" action programme. |

332 | This set of measures is in line with the principles set out to simplify the procedures for the operators engaged in foreign trade and in accordance with the Commission communication concerning autonomous tariff suspensions and quotas[1]. |

Choice of instruments |

341 | Proposed instruments: regulation. |

342 | Other means would not be adequate for the following reason(s). By virtue of Article 26 of the EC Treaty autonomous tariff suspensions and quotas are approved by the Council acting on a qualified majority on the basis of a Commission proposal. |

BUDGETARY IMPLICATION |

401 | uncollected customs duties |

1. Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 1255/96 temporarily suspending the autonomous common customs tariff duties on certain industrial, agricultural and fishery products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 26 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) It is in the interest of the Community to suspend partially or totally the autonomous common customs tariff duties for a number of new products not listed in the Annex to Council Regulation (EC) No 1255/96 temporarily suspending the autonomous common customs tariff duties on certain industrial, agricultural and fishery products[2].

(2) A number of products which are referred to in the said Regulation should be withdrawn from the list in the Annex because it is no longer in the Community’s interest to maintain suspension of autonomous common customs tariff duties or because the description needs to be altered in order to take account of technical product developments and economic trends on the market.

(3) Accordingly, products whose description needs to be altered should be regarded as new products.

(4) It is therefore appropriate to amend Regulation (EC) No 1255/96 accordingly.

(5) Since this Regulation is to apply from 1 July 2005, it should enter into force immediately,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 1255/96 is amended as follows:

2. The products set out in Annex I to this Regulation are inserted;

3. The products for which the codes are set out in Annex II to this Regulation are deleted.

Article2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union .

It shall apply with effect from 1 July 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

ANNEX I

CN code | TARIC | Description | Rate of autonomous duty |

ex 2903 43 00 | 10 | 1,1,1-Trichlorotrifluoroethane | 0 % |

ex 2903 49 10 | 10 | Chloro-1,1,1-trifluoroethane | 0 % |

ex 2904 20 00 | 50 | 2,2'-dinitro-bibenzyl | 0 % |

ex 2905 19 00 | 40 | 3,5,5-trimethylhexan-1-ol for use in the manufacture of aliphatic esters (1) | 0 % |

ex 2906 29 00 | 20 | 1-Hydroxymethyl-4-methyl-2,3,5,6-tetrafluorobenzene | 0 % |

ex 2907 29 00 | 85 | Phloroglucinol whether or not hydrated | 0 % |

ex 2909 60 00 | 10 | Bis(α,α-dimethylbenzyl) peroxide | 0 % |

ex 2915 39 90 | 60 | 1-phenylethyl acetate | 0 % |

ex 2916 39 00 | 85 | 2,6-difluorobenzoic acid | 0 % |

ex 2920 90 10 | 40 | Dimethyl carbonate | 0 % |

ex 2920 90 85 | 50 | tri iso octyl phosphite | 0 % |

ex 2921 42 10 | 85 | 3,5-dichloroaniline | 0 % |

ex 2921 51 19 | 20 | Toluene diamine (TDA), containing by weight 78% or more but not more than 82% of 4-methyl-m-phenylenediamine and 18% or more but not more than 22% of 2-methyl-m-phenylenediamine, and with a residual tar content of not more than 0.23% by weight | 0 % |

ex 2924 19 00 | 50 | Acrylamide | 0 % |

ex 2924 29 95 | 91 | 3-hydroxy-2'-methoxy-2-naphthanilide | 0 % |

ex 2924 29 95 | 92 | 3-hydroxy-2-naphthanilide | 0 % |

ex 2924 29 95 | 93 | 3-hydroxy-2'-methyl-2-naphthanilide | 0 % |

ex 2924 29 95 | 94 | 2'-ethoxy-3-hydroxy-2-naphthanilide | 0 % |

ex 2924 29 95 | 96 | 4'-chloro-3-hydroxy-2',5'-dimethoxy-2-naphthanilide | 0 % |

ex 2926 90 95 | 25 | Aminoacetonitrile hydrochloride | 0 % |

ex 2926 90 95 | 35 | 2-Bromo-2(bromomethyl)pentanedinitrile | 0 % |

ex 2932 99 70 | 40 | 1,3:2,4-Bis-O-(3,4-dimethylbenzylidene)-D-glucitol | 0 % |

ex 2932 99 85 | 30 | Carbofuran (ISO) | 0 % |

ex 2933 19 90 | 30 | 3-methyl-1-p-tolyl-5-pyrazolone | 0 % |

ex 2933 39 99 | 40 | 2-chloropyridine | 0 % |

ex 2933 59 95 | 85 | Adenine | 0 % |

ex 2933 99 90 | 88 | 2,6-dichloroquinoxaline | 0 % |

ex 2935 00 90 | 88 | N-(2-(4-amino-N-ethyl-m-toluidino)ethyl)methanesulfonamide sesquisulfate monohydrate | 0 % |

ex 3205 00 00 | 10 | Aluminium lakes prepared from dyes for use in the manufacture of pigments for the pharmaceutical industry (1) | 0 % |

ex 3208 90 19 | 85 | Mixture containing by weight : 30~45% Polyamide resin; 2~10% Diazonaphthoquinone; 50~65% γ-Butyrolactone. | 0 % |

ex 3402 11 90 | 10 | Surfactant mixture, of disodium salts of dodecyl (sulphophenoxy)benzenesulphonic acid and oxybis (dodecylbenzenesulphonic acid) | 0 % |

ex 3811 90 00 | 10 | Dinonylnaphthylsulphonic acid salt, in the form of a solution in mineral oil, for use as an additive for distillate fuels and lubricating oils (1) | 0 % |

ex 3814 00 90 | 40 | Azeotrope mixtures containing isomers of nonafluorobutyl methyl ether and/or nonafluorobutyl ethyl ether | 0 % |

ex 3815 90 90 | 88 | Catalyst, consisting of titanium tetrachloride and magnesium chloride, containing by weight on an oil- and hexane-free basis : 4% or more but not more than 10% of titanium and 10% or more but not more than 20% magnesium | 0 % |

ex 3815 90 90 | 89 | Rhodococcus rhodocrous J1 bacteria, containing enzymes, suspended in a polyacrylamide gel, for use as a catalyst in the production of acrylamide by the hydration of acrylonitrile (1) | 0 % |

ex 3824 90 99 | 54 | 2-Hydroxybenzonitrile, in the form of a solution in N,N-dimethylformamide, containing by weight 45 % or more but not more than 55 % of 2-hydroxybenzonitrile | 0 % |

ex 3824 90 99 | 70 | Preparation, in an aqueous solution, of tetramethylammonium hydroxide and a surfactant containing: 2.38% (+/-0.01) by weight of tetramethylammonium hydroxide,and a surfactant of 100 to 500 ppm. | 0 % |

ex 3824 90 99 | 80 | Preparation containing by weight 81% or more but not more than 89% bis (3,4-epoxy-cyclohexylmethyl)-adipate | 0 % |

ex 3824 90 99 | 97 | Preparation containing by weight either 10% or more but not more than 20% of lithiumfluorophosphate or 5% or more but not more than 10% of lithium perchlorate in mixtures of organic solvents | 0 % |

ex 3904 69 90 | 97 | Copolymer of chlorotrifluoroethylene and vinylidene difluoride | 0 % |

ex 3906 90 90 | 55 | Mixtures containing copolymers of methyl acrylate and ethylene and polyether-ester copolymers containing terephthalic acid, in the form of granules or pellets | 0 % |

ex 3906 90 90 | 85 | Non aqueous dispersion type polymers of esters of acrylic acid with a hydrolyzable silyl group at one or both polymer ends | 0 % |

ex 3908 90 00 | 40 | Thermoplastic polyamide resin having a fire point ofmore than 750 °C, for use in the manufacture ofdeflection yokes of cathode ray tubes (a) (1) | 0 % |

ex 3911 90 99 ex 3926 90 99 | 75 75 | Microspheres of a copolymer of divinylbenzene and styrene, of an average diameter of 220 µm or more but not exceeding 575 µm | 0 % |

ex 3913 90 00 | 98 | Sodium hyaluronate | 0 % |

ex 3919 10 69 ex 3919 90 69 | 95 98 | Reflecting laminated sheet showing a regular pattern, consisting of a film of poly(methylmethacrylate), followed by a layer of acrylic polymer containing microprisms, a film of poly(methylmethacrylate), an adhesive layer and a release sheet | 0 % |

ex 3919 90 31 | 70 | Poly(ethylene terephthalate) sheet, covered on one side with an antistatic layer and a hardcoat layer and on the other side with an adhesive layer and a release sheet, in rolls, for the manufacture of optical filters (1) | 0 % |

ex 3920 20 21 | 30 | Biaxially oriented polypropylene film with a coextruded layer of polyethylene on one side and a total thickness of 11.5 µm or more but not more than 13.5 µm. | 0 % |

ex 3920 91 00 | 93 | Film of poly(ethylene terephthalate), whether or not metallised on one or both sides, or laminated film of poly(ethylene terephthalate) films, metallised on the external sides only, and having the following characteristics: a visible light transmission of 50 % or more, coated on one or both sides with a layer of poly(vinyl butyral) but not coated with an adhesive or any other material except poly(vinyl butyral), a total thickness not exceeding 0,2 mm without taking the presence of poly(vinyl butyral) into account, for use in the manufacture of heat-reflecting or decorative laminated glass (1) | 0 % |

ex 3920 99 59 | 60 | Film of a vinyl alcohol copolymer, soluble in cold water, of a thickness of 34 µm or more but not exceeding 90 µm, a tensile strength at break of 20 MPa or more but not exceeding 45 MPa and an elongation at break of 250% or more but not exceeding 900% | 0 % |

ex 3921 90 60 | 94 | Composite sheet containing an acrylic coating and laminated to a high-density polyethylene layer, of a total thickness of 0.8 mm or more but not exceeding 1.2 mm | 0 % |

ex 3926 90 99 | 15 | Glass fibre reinforced plastic traverse leaf spring for use in the manufacture of motor vehicle suspension systems (1) | 0 % |

ex 3926 90 99 | 25 | Unexpansible microspheres of a copolymer of acrylonitrile, methacrylonitrile and isobornyl methacrylate, of a diameter of 3 µm or more but not exceeding 4,6 µm | 0 % |

ex 6909 19 00 | 60 | Supports for catalysts, consisting of porous ceramic pieces, of a blend of silicon carbide and silicon, with a hardness of less than 9 on the Mohs scale, with a total volume not exceeding 65 liters, having per cm² of the surface of the cross section one or more closed channels at the tail end | 0 % |

ex 7007 19 20 | 10 | Glass plate of a diagonal size of 81,28cm (+/- 1,5cm) or more, but not exceeding 185,42cm, consisting of tempered glass; provided either with a mesh film and a near-infrared absorbing film or a sputtered conductive layer, with optional additional anti-reflex layer on one or two sides, for use in the manufacture of PDP videomonitors or television sets (1) | 0 % |

ex 7007 29 00 | 10 | Glass plate of a diagonal size of 81,28cm (+/- 1,5cm) or more, but not exceeding 185,42cm, consisting of 2 sandwich plates laminated together; provided either with a mesh film and a near-infrared absorbing film or a sputtered conductive layer, with optional additional anti-reflex layer on one or two sides, for use in the manufacture of PDP videomonitors or television sets (1) | 0 % |

ex 8501 10 99 | 81 | DC stepping motor, with an angle of step of 18° or more, a holding torque of 0.5 mNm or more, a coupling bracket the exterior dimensions of which do not exceed 22 x 68 mm, a two phase winding and an output not exceeding 5 W | 0 % |

ex 8501 10 99 | 82 | DC motor, brushless, with an external diameter not exceeding 29 mm, a rated speed of 1 500 (±15 %) or 6 800 (±15 %) rpm, a supply voltage of 2 or 8 V | 0 % |

ex 8501 10 99 | 83 | Multiphase electric motor with D.C. current, without brush, of a normal power drive of 31 W (+/- 5 W) calculated with 600 rpm (revolution per minute), equipped with electronic circuit provided with sensors using Hall effect (electric power steering motor) | 0 % |

ex 8505 11 00 | 33 | Neodymium-magnet discs with a diameter not exceeding 90 mm, whether or not containing a hole in the centre | 0 % |

ex 8507 80 94 | 30 | Electric lithium-ion accumulator, with: - a length of 35 mm or more, but not more than 45 mm - a width of 3,5 mm or more, but not more than 7 mm - a thickness of 35 mm or more, but not more than 53 mm - a mass of 15,5 g or more, but not more than 35 g - a rated capacity of 600 mAh or more, but not more than 780 mAh - a nominal voltage of 3,7 V for use in the manufacture of mobile phones (1) | 0 % |

ex 8516 90 00 | 33 | Stainless steel soleplate with heating wire, for use in the manufacture of electric irons (1) | 0 % |

ex 8516 90 00 | 35 | Steam iron, not capable of independent operation, for use in the manufacture of steam ironing systems (1) | 0 % |

ex 8522 90 98 | 44 | Assembly for optical discs, comprising at least an optical unit and DC motors, capable or not of double layer recording | 0 % |

ex 8522 90 98 | 49 | Magnetic head for playback of audio tapes, for use in the manufacture of products falling within heading 8519 (1) | 0 % |

ex 8537 10 99 ex 8543 89 95 | 94 66 | Unit consisting of two junction field effect transistors contained in a dual lead frame housing | 0 % |

ex 8537 10 99 ex 8543 89 95 | 95 65 | Unit consisting of two metal oxide semiconductor field effect transistors contained in a dual lead frame housing | 0 % |

ex 8540 91 00 | 32 | Electron gun of colour cathode-ray tubes with an anode voltage of 27,5 kV or more but not exceeding 36 kV | 0 % |

ex 8543 89 95 | 52 | Opto-electronic circuit comprising one or more light-emitting diodes (LEDs), whether or not equipped with an integrated driving circuit, and one photodiode with amplifier circuit, whether or not with an integrated logic gate arrays circuit or one or more light-emitting diodes and at least 2 photodiodes with an amplifier circuit, whether or not with an integrated logic gate arrays circuit or other integrated circuits, contained in a housing | 0 % |

ex 8548 90 90 | 47 | Unit consisting of two or more light emitting diode chips operating at a typical wavelength of 450 nm or more but not exceeding 660 nm, contained in a lead frame housing having a circular opening whose exterior dimensions without fittings – do not exceed 4 x 4 mm | 0 % |

ex 8548 90 90 | 48 | Optical unit, consisting at least of a laserdiode and a photodiode operating at a typical wavelength of 635 nm or more but not exceeding 815 nm | 0 % |

ex 9405 40 35 | 10 | Electric light assembly of synthetic material containing 3 fluorescent tubes (RBG) of a diameter of 3,0mm (± 0,2mm), of a length of 420 mm (± 1mm) or more, but not exceeding 600mm (± 1mm), for the manufacture of goods of heading 8528 (1) | 0 % |

(1) | Entry under this subheading is subject to conditions laid down in the relevant Community provisions (see Articles 291 to 300 of Commission Regulation (EEC) No. 2454/93 - OJ L 253 11.10.1993 p. 71 and subsequent amendments). |

ANNEX II

Code NC | TARIC |

ex | 2932 11 00 | 10 |

ex | 2933 69 80 | 10 |

ex | 3824 90 99 | 54 |

ex | 3907 20 99 | 25 |

ex | 3911 90 99 | 75 |

ex | 3926 90 99 | 75 |

ex | 3920 91 00 | 93 |

ex | 3920 99 59 | 60 |

ex | 3926 90 99 | 25 |

ex | 3926 90 99 | 85 |

ex | 7006 00 90 | 30 |

ex | 8112 99 30 | 10 |

ex | 8522 90 98 | 44 |

ex | 8529 90 81 | 31 |

ex | 8540 91 00 | 32 |

ex | 8543 89 95 | 52 |

ex | 8548 90 90 | 39 |

ex | 8548 90 90 | 46 |

ANNEX III

LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE

1. NAME OF THE PROPOSAL :

Proposal for a Council Regulation amending Regulation (EC) No 1255/96 temporarily suspending the autonomous common customs tariff duties on certain industrial, agricultural and fishery products

2. BUDGET LINES :

Chapter and Article: Chap. 12 art. 120

Amount budgeted for the year concerned: millions

3. FINANCIAL IMPACT

( Proposal has no financial implications

( Proposal has no financial impact on expenditure but has a financial impact on revenue – the effect is as follows:

(€ million to one decimal place)

Budget line | Revenue | 6 month period, starting dd/mm/aaaa | [Year n] |

Article 120 | Impact on own resources | 01/07/2005 | - 20,5 |

4. ANTI-FRAUD MEASURES

CHECKS ON THE END-USE OF SOME OF THE PRODUCTS COVERED BY THIS COUNCIL REGULATION WILL BE CARRIED OUT IN ACCORDANCE WITH ARTICLES 291 TO 300 OF COMMISSION REGULATION (EEC) NO 2454/93 LAYING DOWN PROVISIONS FOR THE IMPLEMENTATION OF THE COMMUNITY CUSTOMS CODE.

5. OTHER REMARKS

In order to reduce the economic problems arising from the period of validity of previous Regulations, Council Regulation (EC) No 1255/96, now in force, does not have an expiry date.

This proposal contains only the amendments which must be made to the annex to the existing Regulation in order to take account of the following:

1. new requests for suspension which have been presented and accepted;

2. technical product developments and economic trends on the market resulting in the lifting of certain existing suspensions.

This time the amendments take the form of a consolidated annex.

Addition

This Annex, in addition to the amendments resulting from changes to CN codes, contains 51 new products. The uncollected duties corresponding to these suspensions, calculated on the basis of expected imports into the requesting Member State for 2005, total MEUR 16.4.

On the basis of the existing statistics for the preceding years, it would appear, however, that this amount must be increased by an average factor, estimated at 1.8, to take account of imports into other Member States using the same suspensions. This means a loss of revenue of some MEUR 29.6.

Withdrawal:

6 products have been withdrawn from this annex reflecting the reintroduction of customs duties. This represents an increase of MEUR 2.1 in resources , as calculated from requests for suspension or available statistics (2002).

Estimated cost of this operation

Taking available statistics (2002) as a basis, the impact on the loss of revenue resulting from this Regulation may therefore be estimated at 29.6 – 2.1 = MEUR 27.5 (gross amount, expenses incurred in collection included) x 0.75 = EUR 20.5 for the period 1.7.2005-31.12.2005.

The shortfall in traditional own resources will have to be made up by the Member States by topping up the GNP component.

[1] OJ C 128, 25.04.1998, p. 2.

[2] OJ L 158, 29.6.1996, p. 1. Regulation last amended by Regulation (EC) No 2271/2004(OJ L 396, 31.12.2004, p. 13).