Proposal for a Council Regulation amending Regulation (EC) No 1255/96 temporarily suspending the autonomous common customs tariff duties on certain industrial, agricultural and fishery products
Date: 2003-05-15
Institutions: European Commission
Subjects: CCT duties, agricultural product, fishery product, industrial product, suspension of customs duties

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.5.2003
COM(2003)260 final

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 1255/96 temporarily suspending the autonomous
common customs tariff duties on certain industrial, agricultural and fishery products

(presented by the Commission)

EXPLANATORY MEMORANDUM

The  Commission,  assisted  by  the  Economic  Tariff  Questions  Group,  has  reviewed  all  the
requests for temporary suspension of autonomous common customs tariff duties presented to
it by the Member States, including requests for extending suspensions at present in force.

The attached proposal concerns certain industrial, agricultural and fishery products.

Requests  for  suspension  relating  to  the  above  products  were  examined  in  the  light  of  the
criteria  set  out  in  the  communication  from  the  Commission  concerning  autonomous  tariff
suspensions and quotas (see OJ C 128, 25.4.1998, p. 2).

Following  this  review,  the  Commission  considers  that  the  suspension  or  the  reduction  of
duties  is  justified  for  the  products  listed  in  the  Annex  I  to  the  attached  proposal  for  a
Regulation.

Products for which suspension is no longer in the Community’s economic interests have been
withdrawn and are set out in Annex II.

The  two  annexes  to  this  Regulation  thus  correspond  respectively,  to  the  list  of  products  for
which  suspension  is  proposed,  or  for  which  the  wording  (including  the  nomenclature  code)
has to be changed, and the list of products removed from the Annex to Regulation (EC) No
1255/96.

Amendments to the description of certain products listed in the Annex to Regulation (EC) No
1255/96, where they have become necessary, have been taken into account as follows:

– 

– 

addition of the nomenclature code for the product (listed in the Annex to Regulation
(EC) No 1255/96) in Annex II,

addition of the new amended product description in Annex I.

The period of validity of the proposed measure is unspecified, since its purpose is to amend
the  annex  to  Council Regulation  (EC)  No 1255/96,  the  period  of  validity  of  which  is  itself
unspecified.

2

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 1255/96 temporarily suspending the autonomous
common customs tariff duties on certain industrial, agricultural and fishery products

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

It is  in the interest of  the Community  to  suspend  partially  or  totally  the  autonomous
common customs tariff duties for a number of new products not listed in the Annex to
Council  Regulation  (EC) No 1255/96  of  27  June  1996  temporarily  suspending  the
autonomous  Common  Customs  Tariff  duties  on  certain  industrial,  agricultural  and
fishery products1.

A  number  of  products  should  be  withdrawn  from  the  list  in  the  Annex  to  the  said
Regulation because it is no longer in the Community’s interest to maintain suspension
of  autonomous common  customs  tariff  duties  or  because  the  description  needs  to  be
altered in the light of technical developments.

Products whose description needs to be altered should be regarded as new products.

Council Regulation (EC) No 1255/96 needs to be altered accordingly.

HAS ADOPTED THIS REGULATION:

The Annex to Regulation (EC) No 1255/96 is amended as follows:

Article1

1.

2.

1

the products set out in Annex I to this Regulation are inserted;

the  products  for  which  the  codes  are  set  out  in  Annex II  to  this  Regulation  are
deleted.

OJ  L  158,  29.6.1996,  p.1.  Regulation  last  amended  by  Regulation  (EC)  No  2264/2002  (OJ  L 350,
27.12.2002, p.1).

3

                                                
Article 2

The  duration  of  the  validity  of  the  suspension  measure  for  colour  cathode-ray  tubes  with  a
diagonal  measurement  of  the  screen  of  85,5  cm  or  more  (TARIC  code  8540  11  99  31)  is
limited to 31 December 2003 and the  rate of autonomous duty  applicable  from 1 July 2003
shall be 7 %.

Article 3

This Regulation shall enter into force on the third day following its publication in the Official
Journal of the European Union.

It shall apply with effect from 1 July 2003.

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

Done at Brussels, […]

For the Council
The President

4

CN code &
TARIC

ANNEX I

Description

Rate of
autonomous
duty (%)

0021

ex 1515 90 99 92

Vegetable  oil,  refined,  containing  by  weight  35 %  or  more  but  not  more  than  50 %  of
arachidonic acid or 35 % or more but not more than 50 % of docosahexaenoic acid

0495

ex 2106 10 20 10
ex 3504 00 00 30

Soya protein isolate, containing by weight 6,6 % or more but not more than 8,6 % of calcium
phosphate

0050

ex 2836 99 18 10

Zirconium (IV) basic carbonate

0064

2846 90 00

Compounds,  inorganic  or  organic,  of  rare-earth  metals,  of  yttrium  or  of  scandium  or  of
mixtures of these metals, other than those of subheading 2846 10 00

0097

ex 2907 19 00 10

2,3,5-Trimethylphenol

0099

ex 2907 29 00 80

Pyrogallol

0110

ex 2908 90 00 30

4-Nitrophenol

0112

ex 2909 19 00 20

Bis(2-chloroethyl) ether

0122

ex 2910 90 00 70

(Epoxyethyl)benzene (styrene oxide)

0164

ex 2916 39 00 80

Ethyl 2-(4-nitrophenyl)butyrate

0173

ex 2917 19 90 70

Itaconic acid

0186

ex 2918 19 80 30

2,2-Bis(hydroxymethyl)butyric acid

0163

ex 2918 90 90 50

Methyl 3,4,5-trimethoxybenzoate

0202

ex 2920 90 85 40

Tritolyl phosphite

0223

ex 2921 44 00 20

Diphenylamine

0256

ex 2922 43 00 10

Anthranilic acid

0257

ex 2922 49 95 40

Norvaline

0261

ex 2922 50 00 70

2-(1-Hydroxycyclohexyl)-2-(4-methoxyphenyl)ethylammonium acetate

0272

ex 2924 29 95 85

p-Aminobenzamide

0289

ex 2926 90 95 88

1,3-Propylenediaminetetraacetonitrile

0165

ex 2930 90 70 87

3-Sulfinobenzoic acid

5

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

CN code &
TARIC

0335

ex 2931 00 95 86

Description

Rate of
autonomous
duty (%)

Mixture  of 
phosphabicyclo[4.2.1]nonane

the 

isomers  9-icosyl-9-phosphabicyclo[3.3.1]nonane 

and  9-icosyl-9-

0336

ex 2931 00 95 87

Tris(4-methylpentan-2-oximino)methylsilane

0337

ex 2931 00 95 88

Tris(4-methylpentan-2-oximino)vinylsilane

0358

ex 2932 29 80 75

Rofecoxib (INN)

0408

ex 2933 79 00 10

Ezetimibe (INN)

0426

ex 2934 20 80 30

Benthiavalicarb-isopropyl (ISO)

0213

ex 2935 00 90 85

N-[4-(Isopropylaminoacetyl)phenyl]methanesulfonamide hydrochloride

0441

ex 2935 00 90 86

4-(3-Tolyl)-amino-3-pyridinesulfonamide

0470

ex 3206 11 00 10

Titanium dioxide coated with isopropoxytitanium triisostearate, containing by weight 1,5 %
or more but not more than 2,5 % of isopropoxytitanium triisostearate

0472

ex 3207 40 80 20

Glass flakes coated with silver, of an average diameter of 40 µm

0479

ex 3208 90 19 60

Anti-reflection coating, consisting of amino-resin and modified phenolic resin, in the form of
a solution in 1-methoxypropan-2-ol and ethyl lactate, containing by weight 15 % or more but
not more than 24 % of both polymers taken together

0487

ex 3215 90 80 30

Ink preparation, in the form of powder, for use in the manufacture of ink-filled bottles  of  a
kind used in colour digital presses of subheading 8443 19 (a)

0505

ex 3507 90 90 60

Trypsin  certified  to  be  produced  in  compliance  with  EC  Good  Manufacturing  Practice
(cGMP) and having a specific enzyme activity of 0,45 µkat/mg or more, for the manufacture
of goods of heading No 3004 (a)

0510

ex 3702 43 00 10
ex 3702 44 00 10

Photographic film, of a nominal width of 459, 669 or 761 mm, composed of several layers,
including two polyester films, a carbon layer, an adhesive layer, whether or not with a layer
of a copolymer of styrene with acrylonitrile

0514

3805 10 10

Gum turpentine

0534

ex 3815 12 00 10

Catalyst, in the form of granules or rings of a diameter of 3 mm or more but not exceeding
10 mm, consisting of silver on an aluminium oxide support and containing by weight 8 % or
more but not more than 40 % of silver

0577

ex 3824 90 99 86

Anti-reflection coating, containing by weight:

–  30 % or more but not more than 40 % of cyclohexanone,
–  30 % or more but not more than 40 % of 1-methyl-2-pyrrolidone,
–  20 % or more but not more than 30 % of tetrahydrofurfuryl alcohol

0590

ex 3825 69 00 10

Spent catalyst, in the form of rodlets of diameter of 1 mm or more but not exceeding 3 mm,
containing a mixture of sulfides of tungsten and of nickel on a support of zeolite, containing
by weight not more than 10 % of tungsten and not more than 10 % of nickel, for regeneration
as a catalyst for hydrocarbon cracking (a)

6

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

CN code &
TARIC

Description

Rate of
autonomous
duty (%)

0699

ex 3906 90 90 50

Polymers of esters of acrylic acid with one or more of the following monomers in the chain:

0

chloromethyl vinyl ether,
chloroethyl vinyl ether,
chloromethylstyrene,

– 
– 
– 
–  vinyl chloroacetate,
–  methacrylic acid,

containing by weight not more than 5 % of each of the monomeric units, in one of the forms
mentioned in note 6 (b) to Chapter 39

0578

ex 3907 20 99 35

Polyethylene glycol chemically modified with an isocyanate group containing a carbodiimide
group, in the form of a solution in 2-methoxy-1-methylethyl acetate

0769

ex 3920 43 10 97

Film  embossed  to  a  depth  of  not  more  than  12 µm,  of  a  gloss  level  of  7  or  more  but  not
exceeding  17,  measured  at  60 °  using  a  gloss  meter  (as  determined  by  the  ISO  2813:2000
method),  consisting  of  at  least  two  layers  of  poly(vinyl  chloride),  of  a  total  thickness  not
exceeding 0,5 mm, covered on the embossed side with a protective film, in rolls of a width of
1 400 mm  or  more  but  not  exceeding  1 420 mm,  for  use  in  the  manufacture  of  goods  of
heading No 9403 (a)

0783

ex 3920 62 19 30

Poly(ethylene terephthalate) film, of a thickness of 20 µm or more but not exceeding 30 µm,
coated on one side with silicone, for use in the manufacture of window film (a)

0800

ex 3920 62 19 87

Poly(ethylene terephthalate) film, coated with among other a scratch resistant layer based on
polyacrylate and a thermoadhesive layer, of a nominal width of 790 mm and a total thickness
of 23 µm or more but not exceeding 26 µm

0822

ex 3920 99 59 60

Film of a vinyl alcohol copolymer, soluble in cold water, of a thickness of 34 µm or more but
not  exceeding 90 µm,  a  tensile  strength  at  break  of  32,8 (± 12,1) MPa  and  an  elongation  at
break of (675 ± 225) %

0877bi

ex 5503 10 10 10
ex 5601 30 00 40

Synthetic  staple  fibres  of  a  copolymer  of  terephthalic  acid,  p-phenylenediamine  and  3,4'-
oxybis(phenyleneamine), of a length not exceeding 7 mm

0896bi

ex 5906 99 90 10

Rubberised  textile  fabric,  consisting  of  warp  yarns  of  polyamide-6,6  and  weft  yarns  of
polyamide-6,6, polyurethane and a copolymer of terephthalic acid,  p-phenylenediamine and
3,4'-oxybis(phenyleneamine)

0905

ex 6903 20 90 10
ex 6914 90 90 10

Yarn of continuous ceramic filaments, each filament containing by weight:

–  12 % or more of diboron trioxide,
–  26 % or less of silicon dioxide

and

–  60 % or more of dialuminium trioxide

0910

ex 6909 19 00 50
ex 6914 90 90 20

Ceramic articles made of continuous filaments of ceramic oxides, containing by weight:

–  2 % or more of diboron trioxide,
–  28 % or less of silicon dioxide

and

–  60 % or more of dialuminium trioxide

0933bi

ex 7019 90 99 10

Glass  cord  impregnated  with  rubber  or  plastic,  obtained  from  twisted  glass  filament  yarns,
coated with a latex comprising at least a resorcinol-formaldehyde resin and chlorosulfonated
polyethylene

0938

ex 7212 50 91 10

Perforated  steel  strip,  plated  or  coated  with  nickel,  of  a  width  of  140 mm  or  more  but  not
exceeding 500 mm and a thickness of 40 µm or more but not exceeding 140 µm

7

0

0

3

0

0

0

0

0

0

0

0

CN code &
TARIC

Description

Rate of
autonomous
duty (%)

0935

ex 7218 10 00 10

Blocks of stainless steel, of a weight exceeding 200 kg, containing chromium and nickel, non
magnetic, obtained by remelting alloyed scrap and waste

0953

8104 11 00

Unwrought magnesium, containing at least 99,8 % by weight of magnesium

0001

ex 8309 90 90 10

Aluminium  can  ends  with  so-called  “ring  pull”  full  aperture  with  a  diameter  of
136,5 mm (± 1 mm)

0025

ex 8477 80 99 10

Machines for casting or for surface modification of plastic membranes of heading No 3921

0120

ex 8540 11 99 31

Colour cathode-ray tube with a diagonal measurement of the screen of 85,5 cm or more

0149

ex 8543 89 95 50

Piezo-electric crystal clock oscillator with a fixed frequency, within a frequency range of 1,8
MHz to 67 MHz, contained in a housing bearing:

– 

an  identification  marking  consisting  of  or  including  (one  of)  the  following
combination(s):
R4000.8 R4000.9
or

–  other identification markings relating to devices complying with the abovementioned

description

0

0

0

0

7

0

(a)

Control of the use for this special purpose  shall be carried out  pursuant to  the  relevant
Community provisions.

8

CN code

TARIC

ANNEX II

ex

ex

ex

ex

ex

ex

ex

ex

ex

ex

 ex

 ex

 ex

 ex

ex

ex

ex

ex

2846 90 00

3507 90 90

3507 90 90

3702 43 00

3702 44 00

3812 30 80

3812 30 80

3812 30 80

3815 12 00

3906 90 90

 3920 62 19

 3920 62 19

 3920 99 59

 6903 20 90

7212 50 91

8104 11 00

8540 11 99

8543 89 95

30

50

60

10

10

10

40

50

10

50

 30

 87

 60

 10

10

30

31

50

9

FINANCIAL STATEMENT

1.

TITLE OF OPERATION

Proposal  for  a  Council  Regulation  amending  Regulation  (EC)  No  1255/96
temporarily  suspending  the  autonomous  common  customs  tariff  duties  on  certain
industrial, agricultural and fishery products.

2.

BUDGET HEADING(S) INVOLVED

Chapter 12 Article 120.

3.

LEGAL BASIS

Article 26 of the EC Treaty.

4.

DESCRIPTION OF OPERATION

Suspension of the common customs tariff duties for the above products.

7.

FINANCIAL IMPACT

In  order  to  reduce  the  economic  problems  arising  from  the  period  of  validity  of
previous Regulations, Council Regulation (EC) No 1255/96, now in force, does not
have an expiry date.

This proposal contains only the amendments which must be made to the annex to the
existing Regulation in order to take account of the following:

1.

2.

new requests for suspension which have been presented and accepted;

technical product developments and economic trends on the market resulting in
the lifting of certain existing suspensions;

3.

amendments to Nomenclature codes.

Obviously only the amendments described in 1 and 2 have a financial impact.

Addition

This  Annex,  in  addition  to  the  amendments  resulting  from  changes  to  CN  codes,
contains  44  new  products.  The  uncollected  duties  corresponding 
these
suspensions, calculated on the basis of expected imports into the requesting Member
State for 2003, total MEUR 45,4.

to 

On  the  basis  of  the  existing  statistics  for  the  preceding  years,  it  would  appear,
however, that this amount must be increased by an average factor, estimated at 1.8,
to  take  account  of  imports  into  other  Member  States  using  the  same  suspensions.
This means a loss of revenue of some MEUR 81,8.

10

Withdrawal:

5  products  have  been  withdrawn  from  this  annex  reflecting  the  reintroduction  of
customs  duties.  This  represents  an  increase  of  MEUR  2,9  in  resources,  as
calculated from requests for suspension or available statistics (2001).

Estimated cost of this operation

Taking  available  statistics  (2001)  as  a  basis,  the  impact  on  the  loss  of  revenue
resulting  from  this  Regulation  may  therefore  be  estimated  at  81,8  –  2,9 =
MEUR 78,9 for the period 1.7.2003-30.6.2004.

The  shortfall  in  traditional  own  resources  will  have  to  be  made  up  by  the  Member
States by topping up the GNP component.

8.

FRAUD PREVENTION MEASURES

Checks on the end-use of some of the products covered by this Council Regulation
will be carried out in accordance with Articles 291 to 300 of Commission Regulation
(EEC) No 2454/93 laying down provisions for the implementation of the Community
Customs Code.

11