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
Date: 1994-09-08
Institutions: European Commission
Subjects: Canary Islands, anti-dumping duty, audiovisual equipment, footwear industry, peripheral, reprography

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COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(94)  273 

f i n al 

B r u s s e l s,  0 8 . 0 9 . 1 9 94 

94/  0158CACC) 

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 

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