PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING COUNCIL REGULATION ( EEC ) NO 2658/87 ON THE TARIFF AND STATISTICAL NOMENCLATURE AND ON THE COMMON CUSTOMS TARIFF AS REGARDS THE RATE OF DUTY APPLICABLE TO GAS OIL OF SUBHEADING 2710 00 69
Date: 1990-10-19
Institutions: European Commission
Subjects: customs duties, diesel fuel, suspension of customs duties

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MC90) 489 final 

Brussels, 19 October 1990 

Proposal for a 

COUNCIL REGULATION (EEC) 

amending Council Regulation  (EEC) No 2658/87 on the tariff  and 

statistical nomenclature and on the Common 

Customs Tariff as regards the rate of 

duty applicable to gas oil of 

subheading 2710 00 69 

(presented by the Commission) 

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EXPLANATORY  MEMORANDUM 

Import  into the Community  of gas oil 

1. 

2. 

3. 

4. 

In order to ensure the uniform  and correct  application  of 
the Common Customs Tariff, the Commission  adopted  in 
February  1990 a Regulation  (EEC) No  313/90 on 
classification  of gas oil which  is imported  and  submitted 
to a vacuum distillation process  (1).  The duty  rate 
currently  applicable to the tariff heading  in question  is 
3,5  %. 

The Regulation  confirmed  the classification practice  in 
10 of the  12 Member States.  The remaining  two Member 
States had been classifying  the gas oil  in a duty  free 
tariff heading  and the Regulation was necessary  in order 
to restore equal  conditions  of competition  in the 
Community. 

Gas oil  from most  sources  is duty  free under GSP or other 
preferential  regimes and  in practice, only  imports  from 
the USSR would  have been  subject to duty.  Following 
representations  from the Soviet government  and  in 
accordance with a proposal  from the Commission  the 
Council  adopted  a zero duty tariff  quota  of  3,5  mio  tons 
of  low  sulphur gas oil  for  1990 under Regulation  (EEC) No 
1054/90  (2).  This Regulation  expires on 31  December 
1990. 

In order to  introduce  a more permanent  solution  for the 
problem  it is now proposed  to suspend  the duties  in 
respect of low sulphur  (i.e. sulphur content  not 
exceeding  0.2  % by weight) gas oil by means  of a  suitable 
footnote  in the Common Customs Tariff.  Other gas  oils 
(i.e. where the sulphur content exceed  0.2  % by  weight) 
remain  liable to the  3.5  % duty rate. 

5. 

It  is proposed  that this amendment  enter  into  force on 1 
January  1991 and  it is therefore  suggested  that  the 
measure be adopted  in advance of that date  in order  to 
avoid  any practical  problems of application. 

(1)  Regulation  313/90 of  5.2.1990, OJ No L 35, 7.2.1990 
(2)  Regulation  1054/90 of  28.4.1990, OJ No  L  108, 28.4.1990 

Proposal  for a Council Regulation  (EEC) No 
of 
i 
amending Council Regulation  (EEC) No  2658/87  on the 
tariff  and  statistical  nomenclature  and  on the  Common 
Customs Tariff  as regards the rate of duty 
applicable to gas oil of subheading  2710  00 69 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to the Treaty  establishing  the European  Economic 
Community,  and  in particular Article  28 thereof, 

Having  regard  to the proposal  from the  Commission, 

Whereas  Council  Regulation  (EEC) No  2658/87  of  23 July  1987 on 
the tariff  and  statistical  nomenclature  and  on the  Common 
Customs Tariff  (1) as last amended  by Regulation  (EEC) No 

(2) provides  for a conventional  duty  rate of  5 % for 

gas oil  falling under CN code 2710 00 69 ; 

Whereas production  in the Community  of gasoil  is 
insufficient  ; whereas, consequently,  Community  supplies  of a 
product  of this type depends  to a considerable  extent  on 
imports  from third  countries  ; 

Whereas  currently  the autonomous duty  rate on all gas oil has 
been  suspended  to  3.5  % for an  indefinite period  ; 

Whereas  Council Regulation  (EEC) No  1054/90  of  25 April  1990 
(3) opened  and provided  for the administration  of an 
autonomous  tariff  quota  for gas oil of a sulphur content  not 
exceeding  0,2  % by weight, whereas this quota  expires  on  31 
December  199 0 and  should  be replaced  by a more  permanent 
measure,  in the  form of a tariff  suspension  for an  indefinite 
period. 

(1)  OJ No L 256, 7.9.1987, p. 1 
(2)  OJ No  L 
(3)  OJ No L 108, 28.4.1990, p. ' 

HAS ADOPTED THIS REGULATION : 

Article 1 

Regulation  (EEC) No 2658/87 is amended as follows  : The 
footnote relating to subheading 2710 00 69 is replaced by the 
following text : 
"Duty rate reduced to zero  (suspension) for an indefinite 
period for gas oil having a sulphur content not exceeding 
0.2 % by weight.  For gas oil having a sulphur content greater 
than 0.2  % by weight the duty rate is suspended to 3.5 % for 
an indefinite period." 

Article 2 

This Regulation shall enter into force on 1 January 1991. 

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(90) 489 final 

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