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COMMISSION OF THE EUROPEAN COMMUNITIES 
•jjgjjjTjjj, W™J C0M(94) 273 final 
Brussels, 08.09.1994 
94/ 0158CACC) 
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Proposal for a 
COUNCIL REGULATION (EC) 
amending Council Regulation (EEC) No 1602/92 
temporarily derogating from implementation of 
Community anti-dumping measures on imports into 
the Canary Islands of certain sensitive products 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
1. Regulation (EC) No 1602/92 established specific arrangements for the 
collection pf anti-dumping duties on imports into the Canary Islands 
of certain sensitive products. The arrangements, amounting to a 
derogation from the common commercial policy, were agreed to as a way 
of ensuring that the Canary Islands market could continue to be 
supplied at prices equivalent to those prevailing there before the 
new commercial arrangements were applied to the islands. 
Consequently, only products destined for local or tourist consumption 
are eligible for the specific tariff arrangements, even though the 
clause restricting end-use does not appear in the Regulation itself. 
2. According to the provisions in force (Article 1 (3) of Regulations 
(EEC) Nos. 1602/92 and 1605/92) goods exempt from anti-dumping duties 
on import into the Canary Islands and subsequently dispatched to 
other parts of the Community's customs territory are liable for anti­
dumping dut I es 
The nacional authorities are responsible for collecting anti-dumping 
duties in such cases. 
3. For reasons of clarity and legal security, it would be suitable to 
insert in Regulation (EEC) No 1602/92 a clause similar to that of 
Article 1 (3) of Regulation (EEC) No 1605/92. This clause stipulates 
that the Spanish authorities shall take the necessary measures to 
ensure that: 
the benefit of the tariff suspension is granted exclusively to 
products intended for local or touristic use 
CCT duties are collected when the products concerned are re-
consigned to the rest of the community. 
4. Under Article 2 of Regulation No 1602/92 the Spanish authorities must 
regularly send the Commission data on the utilization of the fixed 
quantities set in Article 1. The Commission has been unable to use 
the data sent by the Spanish authorities because of an error in the 
text of the Article which caused it to be wrongly interpreted. This 
should be rectified by redrafting Article 2. 
The attached proposal meets both objectives. 
5. The attached draft proposal for a Regulation amending Articles 1 and 
2 of Council Regulation No 1602/92 should therefore be approved. 
proposal for a 
COUNCIL REGULATION (EC) No /94 
of 
amending Council Regulation (EEC) No 1602/92 
temporarily derogating from implementation of 
Community anti-dumping measures on imports into 
the Canary Islands of certain sensitive products 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in 
particular Article 113 thereof, 
Having regard to the proposal from the Commission1, 
Whereas Council Regulation (EEC) No 1602/922 of 15 June 1992 introduced 
special arrangements for the collection of anti-dumping duties on imports 
into the Canary Islands of certain sensitive products; whereas the 
arrangements are designed to guarantee supplies of those products under the 
best possible conditions; whereas, to avoid any deflection of trade, the 
arrangements apply within the limits of fixed annual quantities 
corresponding to the volume of domestic consumption; 
Whereas it is the responsibility of the competent Spanish authorities to 
administer and control the fixed quantities laid down in Regulation 
No 1602/92; whereas that responsibility also comprises the collection of 
anti-dumping duties on products which were originally exempt from such 
duties on import, in the event of their being re-exported; 
Whereas the clause referring to controlling end-use does not appear in the 
text of Regulation No 1602/92; whereas, in order to ensure that the text is 
clear and legally watertight, it should be specifically stated that 
exemption from anti-dumping duties is granted only to products destined for 
the Canary Islands market and that anti-dumping duties are applicable if 
the goods are dispatched to other parts of the Community; 
1 
2 0J No L 173, 27.6.1992, p. 24. 4 
Whereas, under Article 2 of the Regulation, the Spanish authorities are 
required to inform the Commission of the volume of goods imported in 
exemption from anti-dumping duties or for which duties were only partially 
collected; whereas an error in Article 2 caused it to be wrongly 
interpreted with the result that the Commission could not use the data sent 
by the Spanish authorities; whereas, if the fixed quantities laid down in 
the Regulation are to be properly administered, the Commission must be 
regularly informed of their utilization; whereas it is therefore necessary 
to rectify the situation by changing the wording of Article 2 of the 
Regulation, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Article 1(3) of Council Regulation No 1602/92 of 15 June 1992 is hereby 
replaced by Article 1(3) and (4) as follows: 
"3. The specific arrangements referred to in paragraphs 1 and 2 shall apply 
solely to products intended for the Canary Islands' domestic market. 
4. The relevant Spanish authorities shall adopt the provisions necessary to 
administer and control the fixed quantities referred to in paragraph 1, and 
in particular to see that paragraph 3 is enforced, ensuring the collection 
of anti-dumping duties when the products in question are dispatched to 
other parts of the customs territory of the Community. 
The Spanish authorities shall inform the Commission of such measures at the 
earliest opportunity." 
Article 2 
Article 2(1) of the Regulation referred to in Article 1 above is hereby 
amended as follows: 
"1. For the products referred to in Article 1, the competent Spanish 
authorities shall inform the Commission by the fifteenth day of the month 
following each quarter, starting on 15 September 1992, of the volume of 
goods imported in exemption from anti-dumping duties or for which duties 
were only partially collected during the preceding quarter." 
Article 3 
This Regulation shall enter into force on the third day following that of 
its pub 11 cat ion in the Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at Brussels. For the Council 
The President 
ISSN 0254-1475 
COM(94); 273 final 
DOCUMENTS 
EN «2 
Catalogue number : CB-CO-94-3Q2-EN-C 
ISBN 92-77-71345-3 
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