Council Regulation (EC) No 1146/2002 of 25 June 2002 amending Regulation (EC) No 3050/95 temporarily suspending the autonomous Common Customs Tariff duties on a number of products intended for the construction, maintenance and repair of aircraft
Date: 2002-06-25
Institutions: Council of the European Union
Subjects: CCT duties, aeronautical industry, aircraft, maintenance, spare part, suspension of customs duties

29.6.2002

EN

Official Journal of the European Communities

L 170/7

COUNCIL REGULATION (EC) No 1146/2002

of 25 June 2002

amending Regulation (EC) No 3050/95 temporarily suspending the autonomous Common Customs
Tariff duties on a number of products intended for the construction, maintenance and repair of
aircraft

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 26 thereof,

Having regard to the proposal from the Commission,

and to extend the autonomous tariff suspension intro-
duced by Regulation (EC) No 3050/95 to ground flying
trainers for civil use. The extension will also simplify the
administration and control of the end-use for the eco-
nomic operators and the customs authorities.

Whereas:

(1)

(2)

By Regulation (EC) No 3050/95 (1) Common Customs
Tariff duties for a number of products intended for the
construction, maintenance and repair of aircraft were
suspended in full. However, import duties for these pro-
ducts are only suspended when they are subject to an
end-use control
in accordance with the provisions of
Regulation (EEC) No 2913/92 of 12 October 1992 es-
tablishing the Community Customs Code (2) (hereinafter
referred to as the ‘Customs Code’) and of Commission
Regulation (EEC) No 2454/93 of 2 July 1993 laying
down provisions for the implementation of Council
Regulation (EEC) No 2913/92 establishing the Commu-
nity Customs Code (3), that is to say, when they are used
for aircraft only.

Similar tariff suspensions combined with the same end-
use provisions of the Customs Code were introduced in
Section II, B, of the Preliminary Provisions of the Com-
bined Nomenclature in connection with the GATT air-
craft agreement. The end-use for these products was the
manufacture, repair, maintenance, rebuilding, modifica-
tion or conversion, not only of civil aircraft, but also of
ground flying trainers for civil use.

(3)

In view of the above it is appropriate to amend Regula-
tion (EC) No 3050/95 in order to align its end-use provi-
sion with the provisions of the Combined Nomenclature

(4)

Having regard to the economic importance of this Regu-
lation, it is necessary to invoke the ground of urgency
provided for in point I(3) of the Protocol annexed to the
Treaty on European Union and to the Treaties establish-
ing the European Communities on the role of national
parliaments in the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 1 of Regulation (EC) No 3050/95, the first sentence
shall be replaced by the following:

‘The autonomous Common Customs Tariff duties for the
products listed in the Annex shall be totally suspended, pro-
vided that those products are intended for the construction,
maintenance and repair of aircraft of an unladen weight ex-
ceeding 2 000 kilograms and of ground flying trainers for
civil use.’

Article 2

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

It shall apply from 1 July 2002.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 25 June 2002.

For the Council

The President

J. MATAS I PALOU

(1) OJ L 320, 30.12.1995, p. 1.
(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by
European Parliament and Council Regulation (EC) No 2700/2000
(OJ L 311, 12.12.2000, p. 17).

(3) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Commis-
sion Regulation (EC) No 444/2002 (OJ L 68, 12.3.2002, p. 11).