Commission Regulation (EC) No 1195/2002 of 3 July 2002 laying down detailed rules for applying the specific import measures for the Canary Islands as regards tobacco, repealing Regulation (EEC) No 2179/92 and adapting Council Regulation (EC) No 1454/2001 as regards the codes of the Combined Nomenclature
Date: 2002-07-03
Institutions: European Commission
Subjects: Canary Islands, Combined Nomenclature, customs duties, import, tariff exemption, tobacco

4.7.2002

EN

Official Journal of the European Communities

L 174/11

COMMISSION REGULATION (EC) No 1195/2002

of 3 July 2002

laying down detailed rules for applying the specific import measures for the Canary Islands as
regards tobacco, repealing Regulation (EEC) No 2179/92 and adapting Council Regulation (EC) No
1454/2001 as regards the codes of the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1454/2001 of 28
June 2001 introducing specific measures for certain agricultural
products for the Canary Islands and repealing Regulation (EEC)
No 1601/92 (Poseican) (1), and in particular Article 16(2)
thereof,

Having regard to Council Regulation (EEC) No 234/79 of 5
February 1979 on the procedure for adjusting the Common
Customs Tariff nomenclature used for agricultural products (2),
as last amended by Regulation (EC) No 3290/94 (3), and in
particular Article 2(1) thereof,

Whereas:

the period from 1 July of a given year to 30 June of the
following year. To harmonise this with the specific
supply arrangements,
the period for managing the
scheme should be amended and the quantity should be
made available on a calendar year basis. For the purposes
of applying the scheme during the transitional period
from 1 July to 31 December 2002, the maximum quan-
tity available referred to in Article 16 of Regulation (EC)
No 1454/2001 should be set at 10 000 tonnes.

(6)

(7)

The CN code for cigarette rag has been amended. Article
16 of Regulation (EC) No 1454/2001 should be
amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Tobacco,

(1)

(2)

(3)

(4)

Article 16 of Regulation (EC) No 1454/2001 provides
for exemption from customs duties for direct imports
into the Canary Islands of a quantity of 20 000 tonnes
of raw and semi-manufactured tobacco intended for the
local manufacture of tobacco products.

the
For the purpose of managing this arrangement,
annual period should be defined for calculating the
maximum quantity referred to in Article 16 of Regula-
tion (EC) No 1454/2001 and the term ‘local manufacture
of tobacco products’ should be defined. In addition, in
order to ensure maximum flexibility for imports of
tobacco-based products into the Canary Islands, it should
be permitted for the overall quantity of stripped raw
tobacco to be used for imports of other products, on the
basis of a coefficient of equivalence, in the light of the
requirements of the local industry.

For the purposes of managing this arrangement, in the
interests of simplicity and administrative uniformity,
Commission Regulation (EC) No 20/2002 of 28
December 2001 laying down detailed rules for imple-
menting the specific supply arrangements for the outer-
most regions introduced by Council Regulations (EC) No
1452/2001 (4), as amended by Regulation (EC) No 474/
2002 (5), should be applied wherever possible.

In the interests of legal clarity, Commission Regulation
(EEC) No 2179/92 of 30 July 1992 laying down detailed
rules for the application of the specific import measures
for the Canary Islands as regards tobacco (6) should be
repealed.

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down detailed rules for importing tobacco
into the Canary Islands under Article 16 of Regulation (EC) No
1454/2001.

Article 2

For the purposes of applying this Regulation:

— the annual period for calculating the maximum annual
quantity shall run from 1 January of any year to 31
December of the same year,

— ‘local manufacture of tobacco products’ means any opera-
tion carried out
in the Canary Islands to process the
products listed in the Annex to this Regulation into manu-
factured products ready to smoke,

— the quantities of raw and semi-manufactured tobacco shall
be converted into quantities of stripped raw tobacco on the
basis of the coefficients of equivalence given in the Annex
hereto.

(5)

Regulation (EEC) No 2179/92 provides that the annual
quota of 20 000 tonnes is to be managed on the basis of

Article 3

(1) OJ L 198, 21.7.2001, p. 45.
(2) OJ L 34, 9.2.1979, p. 2.
(3) OJ L 349, 31.12.1994, p. 105.
(4) OJ L 8, 11.1.2002, p. 1.
(5) OJ L 75, 16.3.2002, p. 25.
(6) OJ L 217, 31.7.1992, p. 79.

Importation of the products listed in the Annex hereto shall be
subject to the presentation of a certificate of exemption.

Section 20 of applications for certificates and certificates shall
‘product intended for industries manufac-
contain the words:
turing tobacco products’.

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Official Journal of the European Communities

4.7.2002

Except where otherwise provided in this Regulation, Articles 2,
5, 9, 10, 11, 12, 13, 15, 25 and 26 of Regulation (EC) No 20/
2002 shall apply mutatis mutandis.

shall ensure that

the products
The competent authorities
covered by this Regulation are used in compliance with the
relevant Community rules, in particular Articles 291 to 300 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 Community
Customs Code (1), as last amended by Regulation (EC) No 444/
2002 (2).

Article 5

For
the
the period from 1 July to 31 December 2002,
maximum quantity of stripped raw tobacco equivalent exempt
from customs duties under Article 16 of Regulation (EC) No
1454/2001 shall be 10 000 tonnes.

Article 6

In the seventh indent of Article 16(1) of Regulation (EC) No
by
1454/2001 the
‘ex 2403 10 90’.

‘ex 2403 10 00’

replaced

code

is

Article 4

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

Article 7

Regulation (EEC) No 2179/92 is repealed.

It shall apply from 1 July 2002.

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

Done at Brussels, 3 July 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 253, 11.10.1993, p. 1.
(2) OJ L 68, 12.3.2002, p. 11.

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ANNEX

Coefficients of equivalence for products exempt from customs duties on direct importation into the Canary
Islands

CN code

Description

Coefficient
of equivalence

2401 10

2401 20

Tobacco, not stemmed/stripped

Stripped raw tobacco

2401 30 00

Tobacco waste

ex 2402 10 00

Unfinished cigars without wrapping

ex 2403 10 90

Cigarette rag (finished mixtures of tobacco for the manufacture of
cigarettes, cigars, cheroots and cigarillos)

ex 2403 91 00

Homogenised or reconstituted tobacco

ex 2403 99 90

Expanded tobacco

0,72

1,00

0,28

1,05

1,05

1,05

1,05