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: 2004-12-10
Institutions: European Commission
Subjects: CCT duties, agricultural product, fishery product, industrial product, suspension of customs duties

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.12.2004 
COM(2004) 794 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) 

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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withdrawn and are set out in Annex II.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. 

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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 Commission1, 

Whereas: 

(1) 

(2) 

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 products2. 

A  number  of  products  which  are  referred  to  in  the  said  Regulation  should  be 
withdrawn  from  the  list  in  the  Annex  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  order  to  take  account  of  technical 
product developments and economic trends on the market. 

(3) 

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

(4) 

It is therefore appropriate to amend Regulation (EC) No 1255/96 accordingly. 

(5) 

Since  this  Regulation  is  to  apply  from  1  January  2005,  it  should  enter  into  force 
immediately, 

HAS ADOPTED THIS REGULATION: 

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

1. 

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

1 
2 

OJ C , , p. 
OJ  L 158,  29.6.1996,  p. 1.  Regulation  last  amended  by  Regulation  (EC)  No 1048/2003  (OJ  L 161, 
30.6.2003, p. 1). 

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2. 

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

Article2 

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

It shall apply with effect from 1 January 2005. 

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

Done at Brussels,  

For the Council 
The President 

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CN Code 

TARIC 

Description 

ANNEX I 

Rate of 
autonomous 
duty (%) 

ex 2005 90 80 

70 

Bamboo  shoots,  prepared  or  preserved,  in  immediate  packings  of  a  net  content 
exceeding 5 kg 

ex 2106 10 20 

10 

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

ex 2309 90 99 

20 

Calcium  sodium  phosphate,  with  a  fluorine  content  of  0,005 %  or  more  but  less 
than 0,2 % by weight on the dry anhydrous product, for use in the manufacture of 
additives for animal feeding (a) 

ex 2904 90 85 

30 

5-Nitro-1,2,4-trichlorobenzene 

ex 2908 90 00 

40 

3-Nitro-p-cresol 

ex 2914 70 00 

50 

3'-Chloropropiophenone 

ex 2919 00 90 

30 

Aluminium hydroxybis[2,2'-methylenebis(4,6-di-tert-butylphenyl)phosphate] 

ex 2922 29 00 

15 

N-Methyl-2-(3,4-dimethoxyphenyl)ethylamine 

ex 2924 29 95 

75 

3-Amino-p-anisanilide 

ex 2924 29 95 

95 

N-{3-[3-(Dimethylamino)prop-2-enoyl]phenyl}-N-ethylacetamide 

ex 2928 00 90 

70 

Tetrakis(4-methylpentan-2-oximino)silane 

ex 2929 90 00 

20 

Ethyl isocyanoacetate 

ex 2931 00 95 

84 

Methylbis(4-methylpentan-2-oximino)vinylsilane 

ex 2932 99 85 

20 

(2-Butylbenzofuran-3-yl) (4-hydroxy-3,5-diiodophenyl) ketone 

ex 2933 19 90 

20 

4-Amino-1-methyl-3-propylpyrazole-5-carboxamide 

ex 2933 59 95 

15 

(2R)-4-Oxo-4-[3-(trifluoromethyl)-5,6-dihydro[1,2,4]triazolo[4,3-a]= 
7(8H)-yl]-1-(2,4,5-trifluorophenyl)butyl-2-ammonium phosphate monohydrate 

pyrazin-

ex 2933 99 90 

40 

trans-4-Hydroxy-L-proline 

ex 2933 99 90 

85 

Pyrrolidine 

ex 2934 99 90 

80 

Oblimersen sodium (INNM) 

ex 3707 90 90 

40 

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 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

EN 

5 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN Code 

TARIC 

Description 

ex 3707 90 90 

50 

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 

ex 3707 90 90

10 

Anti-reflection coating, consisting of a modified methacrylic polymer, containing 
by weight not more than 10 % of polymer, in the form of a solution in 2-methoxy-
1-methylethyl acetate and 1-methoxypropan-2-ol 

ex 3707 90 90

20 

Anti-reflection  coating,  consisting  of  a  copolymer  of  hydroxystyrene  and  methyl 
methacrylate, modified with chromophore groups, containing by weight not more 
than 10 % of polymer, in the form of a solution in 1-methoxypropan-2-ol and ethyl 
lactate 

ex 3808 10 90 

40 

Spinosad (ISO) 

ex 3815 90 90

81 

Catalyst,  containing  by  weight  69 %  or  more  but  not  more  than  79 %  of  (2-
hydroxy-1-methylethyl)trimethylammonium 2-ethylhexanoate 

ex 3817 00 80 

10 

Mixture of alkylnaphthalenes, containing by weight: 
- 88 % or more but not more than 98 % of hexadecylnaphthalene 
- 2 % or more but not more than 12 % of dihexadecylnaphthalene 

ex 3824 90 64 

06 

Mixture of inosine (INN), dimepranol (INN) and acedoben (INN) 

ex 3824 90 99 

96 

Zirconium dioxide, stabilised with calcium oxide, in the form of a powder 

ex 3907 20 21 

10 

Mixture, containing by weight 70 % or more but not more than 80 % of a polymer 
of glycerol and 1,2-epoxypropane and 20 % or more but not more than 30 % of a 
copolymer of dibutyl maleate and N-vinyl-2-pyrrolidone 

ex 3908 90 00 

30 

Reaction  product of  mixtures  of  octadecanecarboxylic  acids  polymerised  with  an 
aliphatic polyetherdiamine 

ex 3911 90 99 

85 

Polymer of ethylene and styrene, cross-linked with divinylbenzene, in the form of 
a suspension 

ex 3919 10 19 
ex 3919 10 38 
ex 3919 90 38 
ex 3920 99 28 

ex 3919 10 31 
ex 3919 10 38 
ex 3919 90 31 
ex 3920 61 00 

10 
20 
10 
20 

10 
30 
50 
20 

ex 3919 10 61 
ex 3919 90 61 

91 
94 

Reflecting film, consisting of a layer of  polyurethane, with, on one side, security 
imprints against counterfeiting, alteration or substitution of data or duplication, or 
an official mark for an intended use, and embedded glass beads and, on the other 
side, an adhesive layer, covered on one side or on both sides with a release film 

Reflecting laminated sheet, consisting of a film of polycarbonate totally embossed 
on  one  side  in  a  regular  shaped  pattern,  covered  on  both  sides  with  one  or  more 
layers  of  plastic  material,  whether  or  not  covered  on  one  side  with  an  adhesive 
layer and a release sheet 

Reflecting  film,  consisting  of  a  layer  of  poly(vinyl  chloride),  a  layer  of  alkyd 
polyester, with, on one side, security imprints against counterfeiting, alteration or 
substitution  of  data  or  duplication,  or  an  official  mark  for  an  intended  use,  only 
visible  by  means  of  a  retroreflecting  lighting,  and  embedded  glass beads  and,  on 
the  other  side,  an  adhesive  layer,  covered  on  one  side  or  on  both  sides  with  a 
release film 

Rate of 
autonomous 
duty (%) 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

EN 

6 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN Code 

TARIC 

Description 

Rate of 
autonomous 
duty (%) 

ex 3919 90 61 
ex 3919 90 69 
ex 3920 10 89 

93 
93 
25 

Adhesive  film  consisting  of  a  base  of  a  copolymer  of  ethylene  and  vinyl  acetate 
(EVA) of a thickness of 70 µm or more and an adhesive part of acrylic type of a 
thickness of 5 µm or more, for the protection of the surface of silicon discs (a) 

ex 3920 10 89 

35 

Reflecting  film,  consisting  of  a  layer  of  polyethylene,  a  layer  of  polyurethane, 
with, on one side, security imprints against counterfeiting, alteration or substitution 
of  data  or  duplication,  or  an  official  mark  for  an  intended  use,  only  visible  by 
means  of  a  retroreflecting  lighting,  and  embedded  glass  beads  and,  on  the  other 
side, a hot-melt adhesive layer, covered on one side or on both sides with a release 
film 

ex 3921 13 10 

10 

Sheet  of  polyurethane  foam,  of  a  thickness  of  3 mm  (± 15 %)  and  of  a  specific 
gravity of 0,09435 or more but not exceeding 0,10092 

ex 5404 10 90 

50 

Monofilaments  of  polyester  or  poly(butylene  terephthalate),  with  cross-sectional 
dimension of 0,5mm or more but not exceeding 1mm, for use in the manufacture 
of zippers (a) 

ex 5603 14 90 

30 

Non-wovens, consisting of a central elastomeric film laminated on each side with 
spunbonded filaments of polypropylene, of a weight of 200 g/m2 or more but not 
exceeding 300 g/m2 

ex 7002 10 00 

10 

Balls of E-glass, of a diameter of 20,3 mm or more but not exceeding 26 mm 

ex 8108 30 00 

10 

Waste and scrap of titanium and titanium alloys, except those containing by weight 
1 % or more but not more than 2 % of aluminium 

ex 8108 90 50 

10 

Alloy of titanium and aluminium, containing by weight 1 % or more but not more 
than 2 % of aluminium, in sheets or rolls, of a thickness of 0,49 mm or more but 
not  exceeding  3,1 mm,  of  a  width  of  1 000 mm  or  more  but  not  exceeding 
1 254 mm, for the manufacture of goods of subheading 8714 19 00 (a) 

ex 8108 90 50 

20 

Alloy of titanium, aluminium and vanadium, containing by weight 2,5 % or more 
but not more than 3,5 % of aluminium and 2,0 % or more but not more than 3,0 % 
of vanadium, in sheets or rolls, of a thickness of 0,6 mm or more but not exceeding 
0,9 mm,  of  a  width  not  exceeding  1 000 mm,  for  the  manufacture  of  goods  of 
subheading 8714 19 00 (a) 

ex 8518 40 91 

10 

Audio-frequency amplifier unit, comprising at least an audio-frequency amplifier, 
a static converter and a sound generator, for the manufacture of active loudspeaker 
boxes (a) 

ex 8522 90 98 

48 

Video head drum, with video heads or with video and audio heads and an electric 
motor, for use in the manufacture of products falling within heading No 8521 (a) 

ex 8529 90 81 

43 

Plasma display module incorporating only address and display electrodes, with or 
without driver and/or control electronics for pixel address only and with or without 
a power supply 

ex 9002 90 90 

60 

Lenses, mounted, for use in the manufacture of projection TV (a) 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

(a) 

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

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Code NC 

TARIC 

ANNEX II 

ex 

2005 90 80 

ex 

2106 10 20 

ex 

2912 42 00 

ex 

2916 20 00 

ex 

2916 39 00 

ex 

2920 90 85 

ex 

3208 90 19 

ex 

3208 90 19 

ex 

3208 90 19 

ex 

3504 00 00 

ex 

3707 90 90 

ex 

3707 90 90 

ex 

3815 90 90 

ex 

3824 90 99 

ex 

3911 90 99 

ex 

3919 10 31 

ex 

3919 10 38 

ex 

3919 10 38 

ex 

3919 10 61 

ex 

3919 90 31 

ex 

3919 90 38 

ex 

3919 90 61 

ex 

3919 90 61 

ex 

3919 90 69 

70 

10 

10 

40 

10 

30 

60 

70 

80 

30 

10 

20 

81 

86 

20 

10 

20 

30 

91 

50 

10 

93 

94 

93 

EN 

8 

   EN 

 
 
ex 

3920 10 89 

ex 

3920 10 89 

ex 

3920 99 28 

ex 

5404 10 90 

ex 

7019 32 00 

ex 

7019 39 00 

8108 30 00 

ex 

8108 90 70 

ex 

8540 91 00 

ex 

8540 91 00 

25 

35 

20 

50 

10 

10 

20 

91 

94 

EN 

9 

   EN 

 
 
 
 
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. 

This time the amendments take the form of a consolidated annex. 

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  33  new  products.  The  uncollected  duties  corresponding 
these 
suspensions, calculated on the basis of expected imports into the requesting Member 
State for 2005, total MEUR 9.8. 

to 

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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 17.7. 

Withdrawal: 

9  products  have  been  withdrawn  from  this  annex  reflecting  the  reintroduction  of 
customs  duties.  This  represents  an  increase  of  MEUR  3.3  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  17.7  –  3.3  = 
MEUR 14.4  (gross  amount,  expenses  incurred  in  collection  included)  x  0.75  = 
MEUR 10.8 for the period 1.1.2005-31.12.2005. 

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. 

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