PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 2658/87 ON THE TARIFF AND STATISTICAL NOMENCLATURE AND ON THE COMMON CUSTOMS TARIFF
Date: 1989-07-04
Institutions: European Commission
Subjects: Combined Nomenclature, common customs tariff

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) 

No 2658/87  was adopted  on an erroneous  legal base  since  the Council  added 

1 

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 

COM(89)  324  final 

ISSN 0254-1475 

DOCUMENTS 

-&*'  ^ o È t û ^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 

€ 

COMMISSION OF THE EUROPEAN COMMUNITIES 

4.7.1989