Tdash having regard to Rule 67 of its Rules of Procedure,
Tdash having regard to the report of the Committee on Budgets (A5-0054/1999);
1. Approves the Commission proposal;
2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parlia-
ment;
3. Calls for the conciliation procedure to be initiated should the Council intend to depart from the text
approved by Parliament;
4. Asks to be consulted again should the Council intend to amend the Commission proposal substan-
tially;
5. Instructs its President to forward its position to the Council and Commission.
5. Application of Community law to the Canary Islands *
A5-0053/1999
Proposal for a Council regulation amending Regulation (EEC) 1911/91 on the application of the
provisions of Community law to the Canary Islands (COM(1999) 226 Hdash C5-0127/1999 Hdash 1999/
0111(CNS))
The proposal was amended as follows:
TEXT PROPOSED
BY THE COMMISSION(1)AMENDMENTS
BY PARLIAMENT
(Amendment 1)
First citation
Having regard to the Treaty establishing the European
Community,Having regard to the Treaty establishing the European
Community , in particular Article 299(2) thereof,
(Amendment 2)
Recital 1a (new)
(1a) Havingreg ard to the Opinion of the European Par-
liament of 17 May 1991(1) on the application of the provi-
sions of Community law to the Canary Islands, the opi-nions of the European Parliament of 7 April 1995(
2) and
15 January 1998(3) and the resolution of the European
Parliament of 24 April 1997(4) on the status of the outer-
most regions;
(1) OJ C 158, 17.6.1991, p. 297.
(2) OJ C 109, 1.5.1995, p. 316.
(3) OJ C 34, 2.2.1998, p. 128.
(4) OJ C 150, 19.5.1997, p. 62.
(Amendment 3)
Recital 1b (new)
(1b) Havingreg ard to the European Parliament resolu-
tion of 11 February 1999 on relations between the Over-seas Countries and Territories (OCTs), the ACP States andthe outermost regions of the European Union(
1);
(1) OJ C 150, 28.5.1999, p. 439.
(1) OJ C 274E, 28.9.1999, p. 8.C 189/272 EN 7.7.2000 Official Journal of the European Communities
Friday 19 November 1999
(Amendment 4)
Recital 1c (new)
(1c) Whereas, by virtue of their remote location the Can-
ary Islands encounter specific difficulties in competingina unified internal market and whereas therefore theCommunity rules applicable to this region cannot be fully
harmonised, and it is necessary to maintain the special tax
provisions needed to ensure the competitiveness of anumber of economic sectors which provide jobs in aregion suffering from a high level of unemployment;
(Amendment 5)
Recital 1d (new)
(1d) Whereas Article 5(1) of Council Regulation (EEC)
1911/91(
1) states that the tax on production and imports
(APIM) will cease to apply in the Canary Islands as from1 January 2001;
(1) OJ L 171, 29.6.1991, p. 1.
(Amendment 6)
Recital 1e (new)
(1e) Whereas, moreover, Article 299(2) of the EC Treaty,
as amended by the Amsterdam Treaty of 1997, envisagesmaintainingspecial arrang ements for the outermostregions, including special tax provisions;
(Amendment 7)
Recital 1f (new)
(1f) Whereas the Commission has not yet submitted any
proposals for these special arrangements and they are unli-kely to be adopted and to enter into force before31 December 2000;
(Amendment 8)
Recital 1g (new)
(1g) Whereas, therefore, it is reasonable to extend the
validity of the APIM pendingthe adoption of new rulesregulating the special tax provisions for all the outermostregions, in particular the Canaries;7.7.2000 EN C 189/273 Official Journal of the European Communities
Friday 19 November 1999
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
(Amendment 9)
Recital 1h (new)
(1h) Whereas a future Commission proposal should
result in the authorisation of a new tax in the CanaryIslands aimed at ensuringthe harmonious developmentof this particularly remote region;
(Amendment 10)
Recital 1i (new)
(1i) Havingreg ard to the recommendation from the
European Council to the Council at the Cologne summitof June 1999 concerningthe outermost reg ions;
(Amendment 11)
Recital 6
(6) Whereas the negative impact on output and employment
nevertheless varies greatly according to the sector concerned;
whereas, although the time that has elapsed has allowed mostsectors to adjust, this is not the case for certain products insensitive sectors; whereas the Commission has, at the requestof the Spanish authorities, accordingly studied the most vulner-able sectors and identified the sensitive products, and has con-cluded that such vulnerability could in some cases lead to thevirtual disappearance of the sector concerned;(6)Whereas, nevertheless, over the period of application
of the APIM in the Canary Islands, followingthe calendar
laid down for their integration into the customs union,the expected results for local production have not beenachieved; whereas the negative impact on output and employ-
ment varies greatly according to the sector concerned; whereas,although the time that has elapsed although the time that haselapsed has allowed most sectors to adjust, this is not the casefor certain products in sensitive sectors; whereas the Commi-ssion has, at the request of the Spanish authorities, accordinglystudied the most vulnerable sectors and identified the sensitiveproducts, and has concluded that such vulnerability could insome cases lead to the virtual disappearance of the sector con-cerned;
(Amendment 12)
Recital 7a (new)
(7a) Whereas the APIM has not altered matters in the
Canary Islands as regards the effects of the tax, given thatthe need to ensure local production has, in the past, beenmet in the islands by means of various different taxes,both national and local, integrated into the islands’ specia1tax regime; whereas these taxes have derived their raisond’être from their specific characteristics and the economicmodel permitted by them Hdash circumstances which aretoday classified, at European level, as conferringmost-remote region status;
(Amendment 13)
Recital 7b (new)
(7b) Whereas the final outcome of this change will be a
new kind of tax, unrelated to the process of integration ofthe Canary Islands, entailingthe abolition of the APIM andthe introduction of the CCT (common customs tariff);C 189/274 EN 7.7.2000 Official Journal of the European Communities
Friday 19 November 1999
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
(Amendment 14)
ARTICLE 1(1a) (new)
Article 5(6a) (new) (Regulation (EEC) 1911/91)
1a. The followingparag raph is added after Article 5(6):
6a. The Commission, followingconsultation of the
Spanish authorities, shall examine, no later than
30 June 2000 and in the context of the specific
Community fiscal policy measures established for theCanary Islands pursuant to Article 299(2) of the ECTreaty, the effects of the abolition of the APIM onthe sectors affected. On the basis of this examination,the Commission may propose to the Council that theSpanish authorities shall be authorised to introduce anew tax, not related to the process of integration ofthe Canary Islands and havingsimilar structural andoperational characteristics to the APIM, which shallaffect sensitive products utilised in local activities,with the aim of guaranteeing their development andpreservation.
(Amendment 19)
Annex, ‘Miscellaneous foodstuffs’ section
0403 10, 0407 00 90, 0701 90, 0702, 0703, 0803, 0901 21
0901 90 90, 1101, 1601, 1602, 170490 71, 1806 (except1806 20 95), 1901 90 99, 1902, 190410 10, 1905 10 00,1905 20, 1905 30, 1905 40, 1905 90, 2002 10 90, 2002 1090, 2002 90 91, 2007 91 10, 2007 99 39, 2008 99 61, 200899 68, 2101, 2103, 2105, 2106 90 98, 2309.0403 10, 0407 00 90, 0701 90, 0702, 0703, 0803, 0901 21
0901 90 90, 1101, 1601, 1602, 170490 71, 1806 (except1806 20 95), 1901 90 99, 1902, 190410 10, 1905 10 00,1905 20, 1905 30, 1905 40, 1905 90, 2002 10 90, 2002 1090, 2002 90 91, 2007 91 10, 2007 99 39, 2008 99 61, 200899 68, 2101, 2103, 2105, 2106 90 98, 2309.
0210 11 Hdash Meat of swine, salted, in brine, dried or
smoked; edible flours and meals
0406 Hdash Cheese and curd, except 0406 90 76 00, 0406 90
78 00 and 0406 90 79 00
0603 Hdash Cut flowers and flower buds of a kind suitable for
bouquets or for ornamental purposes, fresh or dried
1507 90 90 00 Hdash Other soya-bean oil, refined, but not
chemically modified (only in containers of less than5 litres)
1508 90 90 00 Hdash Other groundnut oil, refined, but not
chemically modified (only in containers of less than5 litres)
1512 19 91 00 Hdash Other sunflower-seed oil, refined, but
not chemically modified (only in containers of less than5 litres)
1514 90 90 00 Hdash Other colza and mustard oil, refined, but
not chemically modified (only in containers of less than5 litres)/Other/Other
1515 29 90 00 Hdash Maize (corn) oil and its fractions (only in
containers of less than 5 litres)/Other/Other7.7.2000 EN C 189/275 Official Journal of the European Communities
Friday 19 November 1999
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
(Amendment 15)
Annex, new section at end
Fishery products
1604 Hdash Prepared or preserved fish; caviar and caviar sub-
stitutes prepared from fish eggs, except 1604 20 05 00
‘Preparations of Surimi’
1605 Hdash Crustaceans, molluscs and other aquatic inverte-
brates, prepared or preserved
(Amendment 16)
Annex, new section at end
Refined petroleum products:
2710 00 27 00 Hdash Other spirits with a lead content not
exceeding0,013gper litre with an octane number of lessthan 95
2710 00 29 00 Hdash Other spirits with a lead content not
exceeding0,013gper litre with an octane number of 95or more but less than 98
2710 00 32 00 Hdash Other spirits with a lead content not
exceeding0,013gper litre with an octane number of 98or more
2710 00 34 00 Hdash Other spirits with a lead content exceed-
ing0,013gper litre with an octane number of less than 98
2710 00 39 00 Hdash Other light oils2710 00 51 00 Hdash Jet fuels2710 00 55 00 Hdash Medium oils/For other purposes/Kero-
sene/Other
2710 00 66 Hdash Heavy oils/Gas oils/For other purposes/With
a sulphur content not exceeding0,05% by weig ht
2710 00 67 Hdash … with a sulphur content exceeding0,05%
by weight but not exceeding 0,2% by weight
2710 00 68 Hdash … with a sulphur content exceeding0,2%
by weight
2710 00 72 00 Hdash Fuel oils for undergoing chemical trans-
formation by a process other than those specified inrespect of subheading2710 00 71
2710 00 74 00 Hdash Fuel oils for other purposes with a sul-
phur content not exceeding1% by weig ht
2710 00 76 00 Hdash Fuel oils for other purposes with a sul-
phur content exceeding1% by weig ht but not exceeding2% by weight
2710 00 77 00 Hdash Fuel oils for other purposes with a sul-
phur content exceeding2% by weig ht but not exceeding2,8% by weightC 189/276 EN 7.7.2000 Official Journal of the European Communities
Friday 19 November 1999
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
2710 00 78 00 Hdash Fuel oils for other purposes with a sul-
phur content exceeding2,8% by weig ht
2711 12 11 00 Hdash Propane of a purity not less than 99%
for use as a power or heatingfuel
2711 12 19 00 Hdash Propane of a purity not less than 99%
for other purposes
2711 12 94 00 Hdash Propane for undergoing chemical trans-
formation by a process other than those specified inrespect of subheadings 2711 12 91 for other purposes, ofa purity exceeding90% but less than 99%
2711 13 91 00 Hdash Butanes for other purposes of a purity
exceeding90% but less than 95%
2711 13 97 00 Hdash Butanes/For other purposes/Other
2713 20 00 00 Hdash Petroleum bitumen
2713 90 90 00 Hdash Other petroleum bitumens not included
under previous headings
2715 00 90 00 Hdash Other products which are not bitumi-
nous mastics
(Amendment 17)
Annex, new section at end
Construction materials:
2523 29 00 00 Hdash Other Portland cement2523 90 Hdash Other cements
3916 90 Hdash Monofilament/Of other plastics
3917 21 10 90 Hdash Tubes, pipes and hoses, rigid, of poly-
mers of ethylene, seamless
3917 23 Hdash Tubes, pipes and hoses of polymers of vinyl
chloride
3917 31 90 90 Hdash Other flexible tubes, pipes and hoses,
havinga minimum burst pressure of 27,6 MPa
3917 32 35 90 Hdash Other tubes, pipes and hoses/Other, not
reinforced or otherwise combined with other materials,without fittings/Other/Of addition polymerisation pro-ducts/Of polymers of vinyl chloride
3917 39 15 90 Hdash Other tubes, pipes and hoses/Other
3917 40 90 00 Hdash Other fittings
(Amendment 18)
Annex, new section at end
Beverages2009 11 Hdash Orange juice/Frozen
2009 40 Hdash Pineapple juice7.7.2000 EN C 189/277 Official Journal of the European Communities
Friday 19 November 1999
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
2009 50 Hdash Tomato juice
2009 70 Hdash Apple juice
2009 80 Hdash Juice of peaches, apricots, tropical fruits, pears2009 90 Hdash Mixtures of juices2201 Hdash Waters, includingnatural or artificial mineral
waters and aerated waters, not containingadded sug ar orother sweeteningmatter nor flavoured; ice and snow
2202 Hdash Waters, includingmineral waters and aerated
waters, containingadded sug ar or other sweeteningmat-ter or flavoured, and other non-alcoholic beverages, not
includingfruit or veg etable juices of headingNo 2009
2203 Hdash Beer made from malt2204 Hdash Wine of fresh grapes2208 40 Hdash Rum2208 50 Hdash Gin and Genever2208 60 Hdash Vodka
2208 70 Hdash Liqueurs and cordials
European Parliament legislative resolution on the proposal for a Council Regulation amending
Regulation (EEC) 1911/91 on the application of the provisions of Community law to the Canary
Islands (COM(1999) 226 Hdash C5-0127/1999 Hdash 1999/0111(CNS)
(Consultation procedure)
The European Parliament,
Tdash having regard to the Commission proposal to the Council (COM(1999) 226)(1),
Tdash having been consulted by the Council pursuant to Article 25(4), first subparagraph of the Act of
Accession of Spain and Portugal (C5-0127/1999),
Tdash having regard to Rule 67 of its Rules of Procedure,
Tdash having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0053/
1999);
1. Approves the Commission proposal as amended;
2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC
Treaty;
3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parlia-
ment;
4. Calls for the conciliation procedure to be initiated should the Council intend to depart from the text
approved by Parliament;
5. Asks to be consulted again if the Council intends to amend the Commission proposal substantially;
6. Instructs its President to forward its position to the Council and Commission.
(1) OJ C 274E, 28.9.1999, p. 8.C 189/278 EN 7.7.2000 Official Journal of the European Communities
Friday 19 November 1999
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT