COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC89) 324 final 
Brussels, 4 July 1989 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 2658/87 on the tariff and statistical 
nomenclature and on the Common Customs Tariff 
(presented by the Commission) 
p*s**lk[ 
EXPLANATORY MEMORANDUM 
1. The purpose oF the attached draft proposal for a Regulation 
Ls to amend the legul !»MSS-. S Régulât inn \'>» ?V;°/07 i .1 order to 
take account of the judicial practice of the Court and, in 
particular, o~ h'n joignent of the Court in Case 275/R7 
(temporary admission J? containers). 
2. In case 288/87, pending before the Court, the Commission 
requested that Council Regulation (EEC) 2658/87 (Combined 
Nomenclature) be declared void due to the fact that the Council, 
at the time of its adoption, inserted an incorrect legal base in 
Article 235. 
T>. I;, its judgment relating to Case 275/87 the Court conclusively 
confirmed *:h3 Commission's position in respect of the scope of 
Article 113 EEC in relation to the customs domain. Following 
I his i|.-i.!i :-ÎIÛ:'I the Council has declared its willingness to delete 
the legal base of Article 235 from Regulation 2658/87 and hence 
enable the Coinnissio.n to discontinue Its action before the 
Court. To do this a Commission proposal is necessary. The 
attached draft proposal for a regulation has therefore been 
proposed in order to make the necessary amendments. 
4. The draft rsgulation covered by this Explanatory Memorandum is 
based, amongst others, on Article 43 of the Treaty .in I 
consultation of the European Parliament should be required. 
Nevertheless, given the content of the enclosed change and the 
fact that this does not in any way alter MIM !: xl sj'mi' ' -ci at 
that time to the Parliament and that the proposal only 
re-establishes the status quo prior to the Council's decision to 
insert Article 235, it could be envisaged, with the agreement of 
the Parliament, not to proceed with the consultation in this 
instance. 
CONCLUSIONS 
5. To rectify the situation it is proposed that the provisions be 
adopted as soon as possible. 

Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 2658/87 on the tariff and statistical 
nomenclature and on the Common Customs Tariff 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Articles 28, 43 and 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas in the light of the recent decision of the Court on the scope of 
Articles 28 and 113 of the Treaty it appears that Council Regulation (EEC) 
1 No 2658/87 was adopted on an erroneous legal base since the Council added 
to the legal bases proposed by the Commission (Articles 28, 43 and 113 of 
the Treaty) Article 235 of the Treaty, requiring a different decision­
making procedure; whereas the Commission consequently referred the matter 
to the Court of Justice for proceedings for annulment of the said Regulation; 
Whereas in order that the Commission may withdraw its action and to prevent 
the act in question being declared void, the reference to Article 235 of the 
Treaty as a legal base for Regulation (EEC) No 2658/87 should be deleted, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The first citation in Regulation (EEC) No 2658/87 is hereby replaced by the 
following: 
"Having regard to the Treaty establishing the European Economic Community, 
and in particular Articles 28, 43 and 113 thereof,". 
10J No L 256, 7.9.1987, p. 1. 
- 2 -
Article 2 
This Regulation shall enter into force on the day of its publication in the 
Official Journal of the European Communities. 
It shall apply with effect from 10 September 1987. 
This Regulation shall be binding in its entirety and directly applicable in 
all Member States. 
Done at Brussels, For the CounciI 
Commission of the European Communities 
COM(89) 324 final 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 2658/87 on the tariff and statistical 
nomenclature and on the Common Customs Tariff 
(submitted to the Council by the Commission) 
4.7.1989 
Office for Official Publications of the European Communities 
L - 2985 Luxembourg 
Series: DOCUMENTS 
1989 — 4 pp. — Format: 21.0 x 29.7 cm 
EN 
ISSN 0254-1475 
ISBN 92-77-51847-2 
Catalogue number: CB-CO-89-293-EN-C 
ISSN 0254-1475 
COM(89) 324 final 
DOCUMENTS 
-&*' ^oÈtû^i 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 2658/87 on the 
tariff and statistical nomenclature and on the 
Common Customs Tariff 
(submitted to the Council by the Commission) 
02 
Catalogue number: CB-CO-89-293-EN-C 
ISBN 92-77-51847-2 4.7.1989 
€ 
COMMISSION OF THE EUROPEAN COMMUNITIES