Commission communication concerning autonomous tariff suspensions and quotas
Date: 1998-04-25
Institutions: European Commission
Subjects: common customs tariff, customs union, generalised preferences, suspension of customs duties, tariff preference, tariff quota

C  128/2

EN

Official  Journal  of  the  European  Communities

25.4.98

Commission  communication  concerning  autonomous  tariff  suspensions  and  quotas

(98/C  128/02)

1.(cid:217)(cid:216)(cid:217)(cid:216)(cid:217)Introduction

involve 

shall 
.(cid:216).(cid:216).  the  adoption  of  a  common
customs  tariff  in  .(cid:216).(cid:216).  relations  with  third  countries’.

1.1.

By  virtue  of  Article  28  of  the  EC  Treaty(cid:216)(˛)
autonomous 
tariff  suspensions  and  quotas  are
approved  by  the  Council  acting  on  a  qualified
majority  on  the  basis  of  a  Commission  proposal.
In  1989  the  Commission,  therefore,  published  a
communication(cid:216)(ˇ)  defining  the  guiding  principles
and  procedures  to  be  followed  by  the  Commission
in  drawing  up  its  proposals  to  the  Council.

in 

of 

the  Uruguay  Round  and 
the 

1.2. The  aim  of  this  communication  is  to  update  and
replace  the  previous  communication  in  the  light  of
the  results  of 
the
adoption 
Information  Technology
agreement  which  led  to  significant  changes  in  the
economic  environment 
the  Community.  In
accordance  with  the  objectives  of  the  "Customs
2000’  action  programme  comments  and 
ideas
forwarded  during  and  following  a  seminar  on  the
subject  in  Vienna  were  hereby  taken  into  account
in  order  to  clarify  these  principles  and  to  simplify
the  procedures 
in
foreign  trade.  Furthermore,  the  abolition  of  time
limits  for  the  validity  of  the  Council  regulations
establishing  the  tariff  suspensions  and  quotas  has
also  been  taken  into  consideration  for  this  update.

the  operators  engaged 

for 

1.3. The  objective  pursued  by  the  Commission 

in
determining  these  guiding  principles  is  to  specify
the  economic  reasoning  behind  the  policy  of  the
Community  in  this  sector.

1.4. The  Commission  intends  to  follow  the  general
policy  defined 
in  this  communication  and  the
corresponding  rules  for  suspensions  taking  effect
in  the  second  half  of  1998.

2.(cid:217)(cid:216)(cid:217)(cid:216)(cid:217)General  observations

2.1. Role  of  the  Common  Customs  Tariff

2.1.1.(cid:217)Article  9  of  the  EC  Treaty(cid:216)(—)  states  that  "the
Community  shall  be  based  upon  a  customs  union
which  shall  cover  all  trade  in  goods  and  which

(˛)(cid:217)This  Article  will  be  replaced  by  Article  26  when  the

Amsterdam  Treaty  enters  into  force.

(ˇ)(cid:217)OJ  C  235,  13.9.1989,  p.  2.
(—)(cid:217)This  Article  will  be  replaced  by  Article  23  when  the

Amsterdam  Treaty  enters  into  force.

the  Community  has  applied 

Since  1968, 
this
common  customs  tariff  as  one  of  a  set  of  measures
designed 
and
competitive  capacity  of  its  industry  on  an  inter(cid:220)
national  scale.

efficiency 

promote 

the 

to 

2.1.2.(cid:217)In  addition  to  promoting  industrial  development
within  the  Community,  the  duty  rates  fixed  in  this
tariff  are  intended  to  strengthen  the  Community’s
industrial  production  capacity,  thereby  making  it
easier  for  its  producers  to  compete  with  third
country  suppliers.

Consequently,  except  derogations  foreseen  in  the
Community  provisions,  the  duties  laid  down  in
this  tariff  must  be  paid  in  respect  of  all  products
entered  for  free  circulation.  Payment  of  these
duties  therefore  constitutes  the  normal  state  of
affairs.

2.2. Concept  of  tariff  suspensions

2.2.1.(cid:217)The 

suspensions  approved  on 

the  basis  of
Article  28  of 
the  EC  Treaty  constitute  an
exception  to  the  normal  state  of  affairs  since,
during  the  period  of  validity  of  the  measure  and
for  an  unlimited  quantity  (suspension)  or  a  limited
quantity  (quota), 
total  (total
they  permit 
suspension)  or  partial  waiver  (partial  suspension)
of  the  normal  duties  applicable  to  imported  goods
(anti(cid:220)dumping  duties  are  not  affected  by  these
suspensions).

the 

the 

enjoy 

under 

freedom 

imported 

is  granted,  any  operator 

2.2.2.(cid:217)In  this  connection,  it  should  be  pointed  out  that
suspension
goods 
arrangements 
of  movement
throughout  the  Community;  consequently,  once  a
suspension 
in  any
Member  State  is  eligible  to  benefit  from  it.  This
means  that  a  suspension  granted  in  response  to  a
request  from  one  Member  State  could  have  conse(cid:220)
quences  for  all  the  others,  and  that  the  sector
should  therefore  be  administered  on  the  basis  of
the
close  and  extensive  cooperation  between 
Member  States  and  the  Commission  so  that  the
latter  can  see  to  it  that  all  Community  interests  are
taken  into  consideration.

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C  128/3

2.3. Characteristics  of  tariff  suspensions

2.3.1.(cid:217)Article  28  of  the  EC  Treaty  refers  to  alterations  or
suspensions  of  duties  under  the  common  customs
tariff.  The  text  of  this  Article  makes  it  apparent
that  the  drafters  of  the  Treaty  had  foreseen  that  it
should  be  possible  to  use  different  means  for
changing  the  Common  Customs  Tariff.

2.3.2.(cid:217)It  follows  from  the  above  that  suspensions  will  be
reviewed  regularly  with  the  possibility  of  deletion
on  request  of  a  party  concerned.  In  exceptional
cases,  where  a  continuation  of  a  suspension
implies  the  lasting  need  to  supply  the  Community
with  certain  products  at  reduced  or  zero  rates  (e.g.
needed  quantities  of  a  specific  product  too  small
to  justify  the  investments  necessary  to  launch  a
Community  production), 
the  Commission  may
propose  an  amendment  to  the  autonomous  duty  of
the  Common  Customs  Tariff.

2.3.3.(cid:217)Moreover, 

since 

suspensions 

an
exception  to  the  general  rule  represented  by  the
Common  Customs  Tariff, 
like  all
derogations,  be  applied  in  a  coherent  manner.

they  must, 

constitute 

Community,  to  improve  the  competitive  capacity
of  these  enterprises  and,  in  particular,  to  enable
the  latter  to  create  employment,  modernise  their
structures,  etc.

2.5.

Products  that  may  benefit  from  tariff  suspensions

2.5.1.(cid:217)Traditionally,  the  chief  aim  of  suspensions  has
been  to  enable  Community  enterprises  to  use  raw
materials,  semi(cid:220)finished  goods  or  components  not
available  within 
the
exception  of  "finished’  products.

the  Community,  with 

However,  since  1989,  the  economic  background
has  changed  with  the  need  to  create  jobs  in  the
Community  and 
the  growing  globalisation  of
trade  and  the  economy  which  has  often  led  to  a
relocation  of  certain  mass  production  processes.
The  suspensions  should  therefore  take  account  of
these 
the
Community  point  of  view  it  is  important  to  ensure
that 
to
maintain  full  employment  and  obtain  the  necessary
parts  to  manufacture  sophisticated  products  with  a
high  added  value,  even  where  the  activity  consists
mainly  of  the  assembly  of  parts.

suspensions  enable  Community 

economic 

realities. 

From 

firms 

new 

2.3.4.(cid:217)Lastly,  to  avoid  being  discriminatory  measures
favouring  a  single  operator,  suspensions  must  be
open  to  all  enterprises,  that  is,  to  all  Community
importers  and  third  country  suppliers.  This  means
that  a  suspension  will  not  be  granted  in  respect  of
goods  covered  by  an  exclusive  trading  agreement.

2.4. The  role  of  tariff  suspensions

2.4.1.(cid:217)The  Commission  considers  that  customs  duties
have  a  particular  economic  function.  Suspensions
which  are  intended  fully  or  partially  to  cancel  the
effects  of  the  customs  duties  over  a  given  period
may  be  granted  only  for  specific  and  valid  reasons.
Furthermore  as  these  duties  are  regarded  as  the
economic
Community’s  own 
reasons  given  should  be  assessed  in  relation  to  the
general  interests  of  the  Community.

resources, 

the 

2.5.2.(cid:217)As  Community  firms  are  converting  increasingly
to  assembling  products  requiring  parts  that  are
already  highly  sophisticated,  some  of  the  parts
required  are  used  without  major  modification  and
can  therefore  be  considered  as  finished  products.
Nevertheless  tariff  suspensions  could,  in  certain
cases,  be  granted  for  finished  products  used  as
in  the  final  product,  provided  the
components 
added  value  of  such  an  assembly  operation 
is
sufficiently  high.

2.5.3.(cid:217)In  the  case  of  equipment  and  material  to  be  used
in  the  production  process,  a  suspension  could  be
considered  (although  such  products  are  generally
finished  products)  provided  they  are  specific  and
necessary  for  the  manufacture  of  clearly  identified
products  and  are  not 
jeopardising  competing
Community  enterprises.

2.6. Those  who  benefit  from  tariff  suspensions

2.4.2.(cid:217)Thus,  by  allowing  enterprises  to  obtain  supplies  at
a  lower  cost  for  a  certain  period,  it  becomes
possible  to  stimulate  economic  activity  within  the

suspensions 

Tariff 
firms
producing  in  the  Community.  Where  the  use  of
the  product  is  confined  to  a  particular  purpose,

are  destined 

for 

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25.4.98

this  shall  be  monitored  in  accordance  with  the
procedures  governing 
the  end
use(cid:216)(˛).

the  control  of 

requests  are  based  and  only  insofar  as  they  seem
likely  to  benefit  the  Community  economy.

Special  attention  will  be  paid  to  the  interests  of
small  and  medium(cid:220)sized  enterprises,  although
efforts  will  also  be  made  not  to  congest  the  lists  of
suspensions  with  goods
products  covered  by 
subject  to  an  economically  insignificant  amount  of
duty.

2.7.

Suspensions  for  ECSC  products

Due  to  time  constraints  the  Council  regulations
granting  autonomous  tariff  suspensions  were  often
published  only  a  few  days  before  their  entry  into
force,  thus  creating  problems  for  national  adminis(cid:220)
trations  and  economic  operators.  The  Council
therefore  decided,  with  the  exception  of  certain
fishery  products, 
regu(cid:220)
lations(cid:216)(—)  (i.e.  not  containing  expiry  dates)  which
are  partially  updated  every  six  months  to  take
technical  or
account  of  new 
economic  trends  in  products  and  markets.

to  adopt  pluriannual 

requests  and 

The  criteria  set  out  in  this  communication  also
apply  to  products  falling  under  the  ECSC  Treaty.
However,  the  decisions  concerning  suspensions  for
those 
different
currently 
procedures(cid:216)(ˇ).

products 

follow 

3.2.

2.8. Customs  union  with  Turkey

For  products  which  are  subject  to  the  rules  of  the
Customs  Union  with  Turkey  (all  goods  except
agricultural  and  ECSC  products)  the  same  criteria
apply  since  Turkey’s  rights  and  obligations  in  this
case  are  similar  to  the  Member  States’  ones.
However, 
the  decision(cid:220)making  different
for 
procedures  exist.

3.(cid:217)(cid:216)(cid:217)(cid:216)(cid:217)General  trends

For  the  reasons  outlined  above,  the  Commission
intends  following  the  line  of  action  as  indicated
below  in  its  proposals  to  the  Council  and  the
regulations  it  can  adopt.

3.1. The  main  purpose  of  tariff  suspensions  is  to  enable
Community  enterprises  to  use  raw  materials,  semi(cid:220)
finished  goods  or  components  without  being
required  to  pay  the  normal  duties  laid  down  in  the
common  customs  tariff.

Suspensions  are  proposed  after  a  thorough  exam(cid:220)
ination  of  the  economic  reasons  on  which  the

In  principle,  unless 
dictates  otherwise,  and 
national  obligations,  no 
proposed  in  the  following  situations:

in  deference  to 

interest
inter(cid:220)
suspension  will  be

the  Community 

-(cid:217)where 

identical, 

are  manufactured 

substitute
equivalent  or 
sufficient
in 
products 
the  Community  or  by
quantities  within 
producers  in  a  third  country  with  preferential
tariff  arrangements(cid:216)((cid:209))  if  they  are  known  to  the
parties  concerned.  The  same  applies  in  cases
where,  in  the  absence  of  production  in  the
Community  or  in  a  third  country  with  prefer(cid:220)
ential  tariff  arrangements,  suspension  could
result  in  a  distortion  of  competition  between
the  Community  enterprises  with  regard  to  the
finished  products 
in
question  are  to  be  incorporated,  or  in  products
of  a  related  sector,

the  goods 

in  which 

-(cid:217)where 

the  goods 

in  question  are  finished
products  intended  for  sale  to  end(cid:220)consumers
without 
substantial  processing  or
without  forming  an  integral  part  of  a  bigger
final  product  for  whose  functioning  they  are
necessary,

further 

-(cid:217)where  the  goods  imported  are  covered  by  an
exclusive  trading  agreement  which  restricts  the
possibility 
to
purchase  these  products  from  third  country
manufacturers,

of  Community 

importers 

(˛)(cid:217)Articles  21  and  82  of  Regulation  (EEC)  No  2913/92  (OJ  L
302,  19.10.1992,  p.  1)  and  Articles  291  to  304  of  Regulation
(EEC)  No  2454/93  (OJ  L  253,  11.10.1993,  p.1).

(ˇ)(cid:217)See,  for  example,  Decision  1348/96/ECSC,  (OJ  L  174,

12.7.1996,  p.  11).

(—)(cid:217)Regulations  (EC)  No  3050/95  (OJ  L  320,  30.12.1995,  p.  1),
(EC)  No  1255/96  (OJ  L  158,  29.6.1996,  p.  1)  and  (EC)  No
2505/96  (OJ  L  345,  31.12.1996,  p.  1).

((cid:209))(cid:217)This  includes  all  countries  for  which  a  duty  rate  below  the
Community’s  conventional  rate  of  duty  is  applied  on  imports
of  the  product  concerned.

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-(cid:217)where 

the  benefits  of 

the  suspension  are
unlikely  to  be  passed  on  to  the  Community
processors  or  producers  concerned,

-(cid:217)where  suspension  would  entail  a  conflict  with
any  other  Community  policy  (e.g.  other  prefer(cid:220)
ential  arrangements,  an  anti(cid:220)dumping  measure,
a  quantitative  or  environmental  restriction).

3.5.

to 

tariff 

arrangements  of 

3.3. Where  there  is  some  Community  production  or
supply 
the  parties
from  producers  known 
concerned  and  located  in  a  third  country  under
identical,
preferential 
equivalent  or  substitute  products  to  the  product  to
be  imported  but  such  production  is  insufficient  to
relevant
meet 
processing  or  manufacturing  companies, 
tariff
quotas  (limited  to  the  unavailable  quantities)  or
partial  tariff  suspensions  may  be  granted.  Imports
of  products 
for  which  another  preferential
arrangement  is  available  or  which  are  destined  for
re(cid:220)export 
inward  processing)  are  also
considered  in  taking  the  decision.

requirements  of  all 

(e.g. 

the 

the 

from 

The  quota  application  may  be  presented  as  such  or
result 
the  examination  of  a  suspension
request.  In  this  connection,  account  will  be  taken,
where  appropriate,  of  consequential  damage  to
any  new  production  and  of  any  manufacturing
capacity  which  could  be  made  available  in  the
Community  or  in  a  third  country  with  preferential
tariff  arrangements.

The  tariff  quotas  are  allocated  according  to  the
first(cid:220)come  first(cid:220)served  principle(cid:216)(˛).

3.4. As  far  as  possible,  the  equivalence  of  imported  and
Community  products  or  products  imported  from  a
third  country  with  preferential  tariff  arrangements
is  assessed  with  reference  to  objective  criteria,  due
account  being  taken  of  the  essential  chemical,
physical  characteristics  of  each,  their 
intended
function  and  commercial  use  and,  in  particular,
their  mode  of  operation  and  their  current  or
future  availability  on  the  Community  market.

Differences  in  price  between  the  imported  and
Community  products  are  not  taken  into  account
in  the  evaluation.

identified  by  name,  which 

In  accordance  with  the  provisions  in  the  Annexes
hereafter,  requests  for  tariff  suspensions  or  quotas
should  be  submitted  by  the  Member  States  on
behalf  of  Community  processing  or  manufacturing
companies, 
are
adequately  equipped  to  use  the  imported  goods  in
their  production  processes.  Applicants 
should
indicate  that  they  have  recently  made  a  genuine,
though  unsuccessful,  attempt  to  obtain  the  goods
in  question  or  equivalent  or  substitute  products
from  potential  Community  suppliers  or  companies
known  to  them  which  are 
in  a  third
country  with  preferential  tariff  arrangements.

located 

They  must  also  provide  the  information  which  will
enable  the  Commission  to  examine  their  request
on  the  basis  of  the  criteria  laid  down  in  this
communication.  For  practical  reasons,  requests  are
not  considered  where  the  amount  of  uncollected
customs  duty  in  question  is  estimated  to  be  less
than  ECU  20(cid:216)000  per  year.  Enterprises  may  group
together  to  reach  this  threshold.

3.6. The  provisions  of  the  Annexes  which  follow  may
be  reviewed  in  the  light  of  the  Customs  2000
programme(cid:216)(ˇ),  in  particular  as  regards  the  intro(cid:220)
duction  of  automated  procedures  for  the  trans(cid:220)
mission  of  new  requests  and  of  oppositions  in
partnership  with  the  Member  States.

in 

the  Internet  on 
on 

The  current  balances  of  tariff  quotas  are  available
the  Europa 
daily 
server
(http://europa.eu.int) 
the  World(cid:220)Wide(cid:220)
"http://europa.eu.int/en/comm/dg21/
Webpage 
tariff/public/infos/qotwelco.htm’.  The 
consoli(cid:220)
dated  annexes  of  the  suspensions  and  quotas  regu(cid:220)
lations,  the  new  requests  and  the  addresses  of  the
Ministries  responsible  will  also  be  made  available
on  the  same  server.

(˛)(cid:217)See  Article  308a  of  Regulation  (EEC)  No  2454/93,  as
amended  by  Regulation  (EC)  No  1427/97  (OJ  L  196,
24.7.1997,  p.  31).

(ˇ)(cid:217)OJ  L  33,  4.2.1997,  p.  24;  see  Articles  9(4)  and  10(2).

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ANNEX  1

ADMINISTRATIVE  ASPECTS

1.(cid:217)Experience  gained  in  this  area  suggests  that  the  best  way  of  administering  this  sector  involves  the
collection  of  requests  in  such  a  way  as  to  ensure  that,  when  approved,  new  suspensions  and  modifi(cid:220)
cations  enter  into  force  on  either  1  January  or  1  July  of  each  year.  This  grouping  facilitates  the
treatment  of  these  measures  within  the  framework  of  TARIC  (Tarif  int~gr~  des  Communaut~s  euro(cid:220)
p~ennes/Integrated  Tariff  of  the  European  Communities)  and,  consequently,  their  application  by  the
Member  States.  To  this  end,  the  Commission  will  make  every  effort  to  present  its  proposals  for
suspensions  to  the  Council  in  sufficient  time  for  the  relevant  Regulations  to  be  published  in  the  Official
Journal  of  the  European  Communities  in  sufficient  time  in  advance  of  their  entry  into  force.  As  regards
tariff  quotas,  quantity  increases  or  extensions  of  validity  may  in  certain  circumstances  be  decided  by
Commission  Regulation  outside  the  periods  referred  to  above(cid:216)(˛).

Transmission  of  request

2.(cid:217)Requests  are  transmitted  to  a  central  office  in  each  of  the  Member  States  where  they  are  examined  to
make  sure  that  the  requests  fulfil  the  conditions  of  this  Communication.  The  Member  States  decide
under  their  responsibility  which  requests  are  sent  to  the  relevant  Commission  department  in  DG  XXI.

Transmission  to  the  Commission  should  be  made  in  due  time  taking  into  account  the  time  necessary
for  the  completion  of  the  procedure  of  evaluation  and  publication  of  a  suspension  or  a  tariff  quota.  For
suspensions,  this  means

-(cid:217)15  March  for  implementation  on  1  January  of  the  following  year,  and

-(cid:217)15  September  for  implementation  on  1  July  of  the  following  year.

3.(cid:217)Suspension  requests  are  examined  by  the  Commission  with  the  aid  of  the  opinion  of  the  Economic
Tariff  Questions  Group.  For  certain  decisions  (e.g.  increase  of  tariff  quotas  during  the  year),  the
Member  States  representatives  vote  in  the  framework  of  the  Customs  Code  Committee  -  Economic
Tariff  Questions  Section.  The  Group  in  question  meets,  under  the  Commission’s  aegis,  according  to
the  requirements  and  nature  of  the  products  to  be  examined.

4.(cid:217)Requests  are  to  be  submitted  in  accordance  with  the  model  in  Annex  2  (or  a  corresponding  computer
format).  To  speed  up  the  administrative  and  economic  processing  of  the  requests,  it  is  recommended
that,  where  appropriate,  along  with  requests  drafted  in  the  language  of  the  applicant,  an  English,
French  or  German  translation  be  supplied  (including  the  technical  data  if  necessary).

5.(cid:217)The  description  of  the  product  should  be  made  by  using,  where  appropriate,  the  names  and  expressions
of  the  Combined  Nomenclature  or  International  Standard  Organisation  (ISO),  International  Nonpro(cid:220)
prietary  Name  (INN),  International  Union  of  Pure  and  Applied  Chemistry  (IUPAC)  or  Colour  Index
(CI)  names.  The  units  should  be  those  of  the  International  System  of  Units  (SI)  and  the  test  methods
and  standards  should  be  internationally  recognised.

6.(cid:217)Requests  for  suspension  are  to  be  accompanied  by  all  the  documentation  required  for  a  thorough
examination  of  the  measures  concerned  (technical  data  sheets,  explanatory  leaflets,  sales  literature,
statistics,  samples,  etc.).

7.(cid:217)If  any  information  is  confidential,  it  should  be  sent  to  the  Commission  under  separate  cover.  Never(cid:220)
theless,  the  Chairman  of  the  Economic  Tariff  Questions  Group  may  communicate  this  information  to
another  Member  State  at  its  express  request,  but  only  with  the  explicit  permission  of  the  representative
of  the  Member  State  responsible  for  that  information  and  provided  that  all  necessary  measures  are
taken  to  protect  is  confidentiality.  It  goes  without  saying  however  that  a  request  will  not  be  taken  into

(˛)(cid:217)See  Articles  6  and  7  of  Regulation  (EC)  No  2505/96  (OJ  L  345,  31.12.1996,  p.  1).

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account  if  any  piece  of  information  essential  for  scrutiny  cannot  be  supplied  for  whatever  reason  (in
particular  to  protect  "company  confidential  information’  such  as  manufacturing  processes,  chemical
formulae  or  compositions,  etc.).

8. When  it  is  deemed  necessary,  the  Commission  may  ask  the  Member  State  concerned  to  provide  any
additional  information  relating  to  a  request  for  suspension  which  it  considers  essential  for  the  prep(cid:220)
aration  of  a  proposal  to  the  Council.

Objections  to  requests  by  Member  States

9. Objections  to  a  new  request  must  be  tabled  at  the  latest  during  the  second  meeting  of  the  Economic
Tariff  Questions  Group  for  the  period  concerned  as  set  in  paragraph  2  above.  The  Chairman  can  by
means  of  a  written  consultation  ask  for  the  opinion  of  the  Group.  In  this  case,  objections  should  be
submitted  within  a  reasonable  time  limit  indicated  by  him.

10. Grounds  for  any  objection  should  be  made  in  writing  using  the  model  in  Annex  3  (or  a  corresponding
computer  format)  and  include  as  detailed  as  possible  information  on  the  existence  of  Community
production  of  the  product  in  question  or  an  equivalent  product  and  the  names  of  producers  who  may
be  able  to  supply  such  products.  This  information  shall  be  sent  to  the  Commission  at  the  same  time  as
to  all  Member  States.

11. The  criteria  set  out  above  also  apply  to  suspensions  in  force.  Where  the  Commission  deems  it
necessary,  it  may  request  the  submission  of  a  new  request,  indicating  the  quantities  imported  as  part  of
the  suspension  already  in  progress.  Objections  to  the  continuation  of  a  tariff  suspension  should  be
made  at  the  latest  during  the  first  meeting  of  the  Economic  Tariff  Questions  Group  for  the  period
concerned  or  by  means  of  a  written  consultation  on  the  initiative  of  the  Commission  services.

Comments  to  requests  by  countries  with  preferential  tariff  arrangements

12. To  take  account  of  any  comment  to  a  new  request  made  by  a  country  with  preferential  tariff
arrangements,  it  must  reach  the  Commission  by  15  June  for  implementation  on  1  January  of  the
following  year  and  by  15  December  for  implementation  on  1  July  of  the  following  year  at  the  latest.  It
shall  be  made  in  a  form  similar  to  Annex  3  and  be  accompanied  with  substantive  evidence  indicating
that  the  producer  in  this  country  is  able  to  supply  the  product  for  which  a  tariff  suspension  is
requested  and  that  such  product  can  get  preferential  tariff  treatment  when  imported  into  the
Community.

13. Comments  made  by  countries  with  preferential  tariff  arrangements  to  the  continuation  of  a  tariff
suspension  shall  reach  the  Commission  by  15  May  for  implementation  on  1  January  of  the  following
year  and  15  November  for  implementation  on  1  July  of  the  following  year  at  the  latest.  Form  and
content  of  these  comments  shall  be  in  accordance  with  the  conditions  described  in  paragraph  12
above.

14. Comments  made  by  countries  with  preferential  tariff  arrangements  to  a  new  request  or  the
continuation  of  a  tariff  suspension  shall  not  delay  the  Commission’s  decision  to  propose  a  new  or  to
maintain  or  to  modify  an  existing  tariff  suspension.  These  comments  can  only  be  taken  into  account
where  the  evidence  and  information  available  to  the  Commission  and  the  Member  State  allows  to
conclude  without  reasonable  doubts  that  they  are  justified  with  regard  to  the  aims  and  principles  set
out  in  the  Communication.

Rejected  requests

15. Requests  of  suspensions  that  have  not  been  accepted  by  the  Commission  for  proposal  to  the  Council
may  be  reconsidered  only  if  they  contain  new  elements  which  are  relevant  for  the  acceptance  (e.g.
essential  complementary 
likely  to  be
withdrawn  shortly).

information,  objection  of  a  Member  State  withdrawn  or 

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ANNEX  2

REQUEST  FOR  TARIFF  SUSPENSION  OR  QUOTA

(Member  State:

)

Part  I

1.(cid:217)Combined  nomenclature  code:

2.(cid:217)Precise  product  description  taking  into  account  customs  tariff  criteria:

3.(cid:217)Further  information  including  commercial  denomination,  packaging,  mode  of  operation,  intended  use
of  the  imported  product,  type  of  product  in  which  it  is  to  be  incorporated  and  end(cid:220)use  of  that  product:

4.(cid:217)Declaration  by  the  interested  party  that  the  imported  products  are  not  the  subject  of  an  exclusive

trading  agreement  (join  extra  sheet):

5.(cid:217)(a)(cid:217)Name  and  addresses  of  firms  known  in  the  Community  or  in  a  third  country  with  preferential  tariff

arrangements  approached  with  a  view  to  the  supply  of  identical,  equivalent  or  substitute  products:

(b) Dates  and  results  of  these  approaches:

(c) Reasons  for  the  unsuitability  of  the  products  of  these  firms  for  the  purpose  in  question:

6.(cid:217)Special  remarks  (e.g.  indication  of  similar  or  old  suspension  or  quota,  indication  on  existing  binding

tariff  information  .(cid:216).(cid:216).):

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REQUEST  FOR  TARIFF  SUPENSION  OR  QUOTA

(Member  State:

)

Part  II

1.(cid:217)Combined  nomenclature  code:

2.(cid:217)Request  submitted  by:

Address:

Telephone/telex/fax:

3.(cid:217)Anticipated  annual  imports:

-(cid:217)value  (in  ECU):

-(cid:217)quantity  (in  statistical  units):

4.(cid:217)Current  imports  (preceding  year):

-(cid:217)value  (in  ECU):

-(cid:217)quantity  (in  statistical  units):

5.(cid:217)Period  requested:

6.(cid:217)Applicable  duty  rate  at  the  time  of  the  request:

7.(cid:217)Estimated  uncollected  customs  duties  (in  ECU)  on  an  annual  basis:

8.(cid:217)Name  and  address  of  non(cid:220)Community  producer:

9.(cid:217)Names  and  addresses  of  the  importer  and  the  user  in  the  Community:

For  chemical  products:

10.(cid:217)CUS  No  (Reference  number  in  European  Customs  Inventory  of  Chemicals)  and  CAS  No  (Chemical

Abstracts  Service  Registry  Number):

11.(cid:217)Structural  formula:

Annexes  (product  data  sheets,  explanatory  leaflets,  brochures,  etc.)

(date)

NB:

If  any  of  the  items  of  information  in  part  I  or  II  is  confidential,  it  may  be  sent  to  the  Commission  under
separate  cover.

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ANNEX  3

OBJECTION  TO  A  REQUEST  FOR  TARIFF  SUSPENSION  OR  QUOTA

(Member  State:

)

Request  No:

CN  code:

Goods:

File  No:

A The  goods  are  currently  available  in  the  Community.

A The  goods  will  be  available  in  the  Community  from  (date).

A One  or  more  equivalent  or  substitute  products  are  obtainable  within  the  Community.

Firms  able  to  supply  an  identical,  equivalent  or  substitute  product

A Other

Name  of  firm:

Person  to  contact:

Address:

Tel.:

Fax:

E(cid:220)Mail:

Product  trade  name: