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: 2006-05-12
Institutions: European Commission
Subjects: CCT duties, EU production, agricultural product, fishery product, industrial product, suspension of customs duties, underproduction

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.5.2006 
COM(2006) 204 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 

1) CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

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.  The  attached  proposal  concerns  certain 
industrial  and  agricultural  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 
of duties is justified for the products listed in 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interests  have  been  withdrawn.  The  annexes  to  this  Regulation  list  the  products  for 
which suspension is  proposed,  or  for  which the wording  has  to  be changed, and  the 
products  removed  from  the  Annex  to  Regulation  (EC)  No  1255/96.  The  validity 
period  of  the  measure  is  1  July  2006  to  31  December  2008,  in  order  to  carry  out 
economic examinations of the individual suspensions in this period. The suspensions, 
whose  cancellation  or  continuation  is  considered  necessary  by  the  Commission  and 
Economic Tariff Questions Group shall be extended or deleted after this date. 

•  General context 

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  temporarily  suspending  the  autonomous 
common customs tariff duties on certain industrial, agricultural and fishery products. 

•  Existing provisions in the area of the proposal 

OJ L 158, 29.6.1996, p. 1. Regulation last amended by Regulation (EC) No 300/2006 
(OJ L 56, 25.2.2006, p. 1). 

•  Consistency with the other policies and objectives of the Union 

In line with agricultural, trade, enterprise, development and external relations policies. 

2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The  Economic  Tariff  Questions  Group  representing  the  industries  of  each  Member 
State was consulted. 

Summary of responses and how they have been taken into account 

All listed suspensions correspond to the agreement of the discussions inside the group.

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•  Collection and use of expertise 

Scientific/expertise domains concerned 

Experts representing the MS on the Economic Tariff Questions Group  

Methodology used 

Open consultation  

Main organisations/experts consulted 

Experts designated by each of the MS  

Summary of advice received and used 

The existence of potentially serious risks with irreversible consequences has not been 
mentioned. 

Means used to make the expert advice publicly available 

Publication of the Proposal 

•  Impact assessment 

Not applicable 

Proposal not included in the Commission's Working and Legislative Programme 2006 

3) LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

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 

•  Legal basis 

Article 26 

•  Subsidiarity principle 

The  proposal  falls  under  the  exclusive  competence  of  the  Community.  The 
subsidiarity principle therefore does not apply. 

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•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

The proposed measures are in accordance with the objectives of the "Customs 2007" 
action programme. 

This set of measures is in line with the principles set out to simplify the procedures for 
the  operators  engaged  in  foreign  trade  and  in  accordance  with  the  Commission 
communication concerning autonomous tariff suspensions and quotas. 

•  Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason(s). 

By virtue of Article 26 of the EC Treaty autonomous tariff suspensions and quotas are 
approved by the Council acting on a qualified majority on the basis of a Commission 
proposal. 

4) BUDGETARY IMPLICATION 

Uncollected customs duties 

5) ADDITIONAL INFORMATION 

•  Simplification 

The proposal provides for simplification of legislation. 

In the annex of the proposed regulation a differential list of all duty suspensions will 
be published. 

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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) 

(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 1255/962. 

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. 

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

The  validity  period  of  the  measure  should  be  1  July  2006  to  31  December  2008,  in 
order to be able to carry out economic examinations of the individual suspensions in 
this  period.  Eight  years  of  experience  have  shown  the  necessity  to  provide  for  an 
expiry date to the suspensions listed in to this Regulation to ensure account is taken of 
technological  and  economic  changes.  This  should  not  exclude  the  premature 
termination of certain measures or their continuation beyond this period, if economic 
reasons are submitted, in accordance with the principles laid down in the Commission 
Communication concerning autonomous tariff suspensions and quotas3. 

(5) 

Regulation (EC) No 1255/96 should therefore be amended accordingly. 

(6) 

Since  this  Regulation  is  to  apply  from  1  July  2006,  it  should  enter  into  force 
immediately, 

1 
2 

3 

OJ C[], [], p.[] 
OJ  L 158,  29.6.1996,  p. 1.  Regulation  as 
(OJ L 56, 25.2.2006, p. 1). 
OJ C 128, 25.4.1998, p.2. 

last  amended  by  Regulation  (EC)  No 300/2006 

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HAS ADOPTED THIS REGULATION: 

Article 1 

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

(1) 

The text set out in Annex I to this Regulation is inserted; 

(2) 

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

Article 2 

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

It shall apply from 1 July 2006. 

However,  for  products  with  TARIC  codes  5205  31  00  10  and  8414  30  89  20  it  shall  apply 
from 1 January 2006. 

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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ANNEX I 

CN code 

TARIC 

Description 

Rate of 
autonomous 
duty 

Validity period 

ex 2904 90 85 

40 

3-Bromo-5-nitro-trifluoromethyl benzene 

0 % 

1.7.2006- 31.12.2008 

ex 2909 19 00 

40 

Bis(2-ethoxyethyl)ether 

0 % 

1.7.2006- 31.12.2008 

ex 2912 29 00 

20 

p-Phenylbenzaldehyde 

0 % 

1.7.2006- 31.12.2008 

ex 2916 12 90 

40 

2,4-Di-tert-pentyl-6-[1-(3,5-di-tert-pentyl-2-
hydroxyphenyl)ethyl]phenylacrylate 

0 % 

1.7.2006- 31.12.2008 

ex 2921 42 10 

35 

2-Nitroaniline 

0 % 

1.7.2006- 31.12.2008 

ex 2921 42 10 

45 

2,4,5-Trichloroaniline 

0 % 

1.7.2006- 31.12.2008 

ex 2921 43 00 

40 

4-Aminotoluene-3-sulphonic acid 

0 % 

1.7.2006- 31.12.2008 

ex 2921 51 19 

30 

2-Methyl-p-phenylenediamine sulphate 

0 % 

1.7.2006- 31.12.2008 

ex 2922 29 00 

25 

5-Amino-o-cresol 

0 % 

1.7.2006- 31.12.2008 

ex 2922 49 95 

50 

D-(-)-Dihydrophenylglycine 

0 % 

1.7.2006- 31.12.2008 

ex 2927 00 00 

60 

4,4'-Dicyano-4,4'-azodivaleric acid 

0 % 

1.7.2006- 31.12.2008 

ex 2930 90 70 

76 

2,2’-Dithiodi(benzoic acid) 

0 % 

1.7.2006- 31.12.2008 

ex 2930 90 70 

77 

4-[4-(2-Propenyloxy)phenylsulphonyl]phenol 

0 % 

1.7.2006- 31.12.2008 

ex 2931 00 95 

96 

3-(Hydroxyphenylphosphinoyl)propionic acid 

0 % 

1.7.2006- 31.12.2008 

ex 2931 00 95 

97 

Potassium 4-tolylphosphinate, in the form of an aqueous solution 

0 % 

1.7.2006- 31.12.2008 

ex 2932 29 85 

80 

Gibberellic acid with a minimum purity by weight of 88 % 

0 % 

1.7.2006- 31.12.2008 

ex 2933 19 90 

50 

Fenpyroximate (ISO) 

0 % 

1.7.2006- 31.12.2008 

ex 2934 99 90 

85 

Aprepitant (INN) 

0 % 

1.7.2006- 31.12.2008 

EN 

7 

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CN code 

TARIC 

Description 

Rate of 
autonomous 
duty 

Validity period 

ex 2935 00 90 

81 

4-Amino-N-(4-aminophenyl)benzenesulphonamide 

0 % 

1.7.2006- 31.12.2008 

ex 2935 00 90 

82 

N-(5,7-Dimethoxy[1,2,4]triazolo[1,5-a]pyrimidin-2-yl)-2-methoxy-4-
(trifluoromethyl)pyridine-3-sulphonamide 

0 % 

1.7.2006- 31.12.2008 

ex 3204 15 00 

60 

Dyestuff C.I. Vat Blue 4 

0 % 

1.7.2006- 31.12.2008 

ex 3204 19 00 

81 

6,11-Difluoro-3,3-di-(4-methoxyphenyl)-13,13-dimethyl-3,13-
dihydrobenzo[h]indeno[2,1-f]chromene 

0 % 

1.7.2006- 31.12.2008 

ex 3204 19 00 

82 

3-(4-Fluorophenyl)-3-(4-piperidinophenyl)-13,13-dimethyl-3,13-
dihydrobenzo[h]indeno[2,1-f]chromene 

0 % 

1.7.2006- 31.12.2008 

ex 3204 19 00 

83 

6,7-Dimethoxy-11-cyano-3,3-di-(4-methoxyphenyl)-13,13-dimethyl-
3,13-dihydrobenzo[h]indeno[2,1-f]chromene 

0 % 

1.7.2006- 31.12.2008 

ex 3207 30 00 

10 

Preparation containing : 

0 % 

1.7.2006- 31.12.2008 

⎯  not more than 85% by weight of silver, 
⎯  not less than 2% by weight of palladium, 
⎯  barium titanate, 
⎯ 
⎯ 

terpineol, and  
ethyl cellulose, 

used  for  screen  printing  in  the  manufacture  of  multilayer  ceramic 
capacitors (1) 

ex 3402 13 00 

10 

Vinyl copolymer surface active agent based on polypropylene glycol 

0 % 

1.7.2006- 31.12.2008 

ex 3506 91 00 

30 

Two  component  microencapsulated  epoxy  adhesive  dispersed  in  a 
solvent 

0 % 

1.7.2006- 31.12.2008 

ex 3707 10 00 

30 

Preparation  based  on  photosensitive  acrylic  containing  polymer, 
containing  colour  pigments,  2-methoxy-1-methylethylacetate  and 
cyclohexanone and whether or not containing ethyl-3-ethoxypropionate 

0 % 

1.7.2006- 31.12.2008 

ex 3811 90 00 

10 

Dinonylnaphthylsulphonic acid salt, in a mineral oil solution 

0 % 

1.7.2006- 31.12.2008 

ex 3815 90 90 

16 

Initiator  based  on  dimethylaminopropyl  urea  for  the  manufacture  of 
polyurethane foam systems (1) 

0 % 

1.7.2006- 31.12.2008 

ex 3819 00 00 

20 

Fire resistant hydraulic fluid based on phosphate ester 

0 % 

1.7.2006- 31.12.2008 

ex 3824 90 99 

12 

Oligomer of tetrafluoroethylene, having one iodoethyl end-group 

0 % 

1.7.2006- 31.12.2008 

EN 

8 

   EN 

 
CN code 

TARIC 

Description 

ex 3824 90 99 

27 

based 

Preparation 
(methylsilylidyne)trioxime  and  4-methyl-2-butanone-O,  O',O'' 
silane tetrayl tetraoxime 

4-methyl-O,O',O''-
,O'''-

2-pentanone, 

on: 

Rate of 
autonomous 
duty 

Validity period 

0 % 

1.7.2006- 31.12.2008 

ex 3824 90 99 

34  Mixture  of  phytosterols  in  the  form  of  a  crystalline  waxy  powder, 

0 % 

1.7.2006- 31.12.2008 

containing by weight: 

⎯  36 % or more, but not more than 79 % of sitosterols, 
⎯  15 % or more, but not more than 34 % of sitostanols, 
⎯  4 % or more, but not more than 25 % of campesterols,  
⎯  0 % or more, but not more than 14 % of campestanols 

ex 3824 90 99 

90 

Hollow spheres of fused aluminosilicate containing 65-80 % amorphous 
aluminosilicate, with the following characteristics:  

0 % 

1.7.2006- 31.12.2008 

⎯ 
⎯ 

a melting point of between 1600 °C and 1800 °C,  
a density of 0.6 - 0.8 g/cm3,  

for use in the manufacture of particle filters in motor vehicles (1) 

ex 3904 61 00 

60  Mixture  of  polytetrafluoroethylene  (PTFE),  sodium  chloride  and  a 

0 % 

1.7.2006- 31.12.2008 

nonionic surfactant 

ex 3907 20 21 

20 

Copolymer  of  tetrahydrofuran  and  tetrahydro-3-methylfuran  with  an 
average molecular weight of 3500 (± 100) 

0 % 

1.7.2006- 31.12.2008 

ex 3907 30 00 

50 

Liquid 
copolymer, not containing any solvent, with:  

epoxide 

resin  of  2-propenenitrile/1,3-butadiene-epoxide 

0 % 

1.7.2006- 31.12.2008 

⎯ 
⎯ 

a zinc borate hydrate content not exceeding 40 % by weight,  
a diantimony trioxide content not exceeding 5 % by weight 

ex 3907 99 19 

40 

Copolymer  of  isophthalic  acid  and  5-sodiosulphoisophthalic  acid  with 
cyclohexanedimethanol and diethylene glycol 

0 % 

1.7.2006- 31.12.2008 

ex 3912 90 10 

20 

Hydroxypropyl methylcellulose phthalate 

0 % 

1.7.2006- 31.12.2008 

ex 3917 32 39 

30 

Thermo-shrinkable polystyrene tube for use in the manufacture of zinc-
carbon batteries (1) 

0 % 

1.7.2006- 31.12.2008 

ex 3919 90 31 

15 

Poly(ethylene terephthalate) film, with a coloured layer on one side and 
a self adhesive layer on the other, coated on both sides with protective 
film,  with  an  overall  thickness  of  100 (± 10) µm,  in  rolls,  for  the 
manufacture of optical filters (1) 

0 % 

1.7.2006- 31.12.2008 

ex 3920 62 19 

77 

Sheet of poly(ethylene terephthalate), containing:  

0 % 

1.7.2006- 31.12.2008 

⎯ 

temperature-sensitive layers which form primary colours 
after heating,  
⎯ 
reflective layer,  
⎯  protective layer,  

to be used in polychromatic thermal printers (1) 

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CN code 

TARIC 

Description 

Rate of 
autonomous 
duty 

Validity period 

ex 3920 99 90 

10 

Biodegradeable sheet of a thickness not exceeding 1 mm containing by 
weight:  

0 % 

1.7.2006- 31.12.2008 

⎯  90 % (± 5 %) starch,  
⎯  10 % (± 5 %)of a synthetic polymer,  
⎯  0.5 % (± 0.5 %) of stearic acid 

ex 3926 90 98 

40 

Hollow  microspheres  of  a  copolymer  of  isooctylacrylate  and  acrylic 
acid,  having  a  diameter  of  10 µm or  more  but  not  exceeding  1000 µm, 
dispersed in water 

0 % 

1.7.2006- 31.12.2008 

ex 5205 31 00 

10 

Six  ply  yarn  of  bleached  cotton,  measuring  925  dtex  or  more  but  not 
more than 989 dtex per single yarn, for the manufacture of tampons (1) 

0 % 

1.1.2006- 31.12.2008 

ex 6805 10 00 

10 

Abrasive in the form of identically shaped particles on a support 

0 % 

1.7.2006- 31.12.2008 

ex 6805 20 00 

10 

ex 6805 30 80 

10 

ex 7019 90 99 

30 

High  modulus  glass  cord  (K)  impregnated  with  rubber,  obtained  from 
twisted  high  modulus  glass  filament  yarns,  coated  with  a  latex 
resin  with  or  without 
comprising 
vinylpyridine  and/or  hydrogenated  acrylonitrile-butadiene 
rubber 
(HNBR) 

resorcinol-formaldehyde 

a 

0 % 

1.7.2006- 31.12.2008 

ex 8305 20 00 

10 

Staples  of  a  width  of  12 mm  (± 1 mm)  and  a  depth  of  8 mm  (± 1 mm) 
for use in copiers and printers (1) 

0 % 

1.7.2006- 31.12.2008 

ex 8414 30 89 

20 

Vehicle  air  conditioning  system  part,  consisting  of  an  open  shaft 
reciprocating  compressor  of  a  power  exceeding  0.4  kW  but  not 
exceeding 10 kW  

0 % 

1.1.2006- 31.12.2008 

ex 8414 90 00 

40 

Drive  part,  for  compressors  of  air  conditioning  machines  of  motor 
vehicles (1) 

0 % 

1.7.2006- 31.12.2008 

ex 8505 11 00 

33  Magnets consisting of an alloy of neodymium, iron and boron, either in 
the  shape  of  a  rounded  rectangle  with  measurements  not  exceeding 
15 x 10 x 2 mm,  or  in  the  shape  of  disc  with  a  diameter  not  exceeding 
90 mm, whether or not containing a hole in the centre 

0 % 

1.7.2006- 31.12.2008 

ex 8505 20 00 

20 

Electromagnetic  wrap  spring  clutch  with  a  diameter  not  exceeding 
40 mm,  for  use  in  the  manufacture  of  copiers  and  printers,  including 
multi-functional copiers (1) 

0 % 

1.7.2006- 31.12.2008 

ex 8505 20 00 

30 

Electromagnetic clutch, for use in the manufacture of compressors of air 
conditioning machines of motor vehicles (1) 

0 % 

1.7.2006- 31.12.2008 

EN 

10 

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CN code 

TARIC 

Description 

ex 8529 90 81 

45 

Integrated circuit  package with TV  reception functionality containing a 
channel decoder die, tuner die, power management die, GSM filters and 
discrete  as  well  as  embedded  passive  circuit  elements  for  reception  of 
digitally broadcasting videosignals of DVB-T and DVB-H formats 

Rate of 
autonomous 
duty 

Validity period 

0 % 

1.7.2006- 31.12.2008 

(1) 

Entry  under  this  subheading  is  subject  to  conditions  laid  down  in  the  relevant  Community  provisions  (see  Articles  291  to  300  of 
Commission Regulation (EEC) No. 2454/93 - OJ L 253 11.10.1993 p. 71). 

EN 

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ANNEX II 

CN code 

TARIC

ex 2903 30 80 

ex 2924 19 00 

ex 3811 90 00 

ex 8414 30 89 

ex 8505 11 00 

60 

20 

10 

20 

33 

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE 

1. 

NAME OF THE PROPOSAL: 

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 LINES: 

Chapter and Article: Chap. 12 art. 120 

Amount budgeted for the years 2006, 2007 and 2008: 9.8 millions/year 

3. 

FINANCIAL IMPACT  

(cid:133) 

Proposal has no financial implications 

Proposal has no financial impact on expenditure but has a financial impact on 

(cid:55) 
revenue – the effect is as follows: 

(€ million to one decimal place) 

Budget line 

Revenue4 

6 month period, 
starting dd/mm/aaaa

[Year 2006, 2007 
and 2008] 

Article 120 

Impact on own resources 

01/07/2006 – 
31/12/2008 

- 9.8/year 

4. 

ANTI-FRAUD 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.  

4 

Regarding  traditional  own  resources  (agricultural  duties,  sugar  levies,  customs  duties)  the  amounts 
indicated must be net amounts, i.e. gross amounts after deduction of 25% of collection costs. 

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5. 

OTHER REMARKS  

In order to reduce the economic problems an expiry date has been set out. 

This  proposal  contains  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. 

Addition 

This  Annex,  in  addition  to  the  amendments  resulting  from  changes  to  CN  codes, 
these 
contains  52  new  products.  The  uncollected  duties  corresponding 
suspensions, calculated on the basis of expected imports into the requesting Member 
State for 2006, 2007 and 2008, total MEUR 7.3/year. 

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 13.2/year. 

Withdrawal: 

2  products  have  been  withdrawn  from  this  annex  reflecting  the  reintroduction  of 
customs  duties.  This  represents  an  increase  of  MEUR  0.1  in  resources,  as 
calculated from requests for suspension or available statistics (2004). 

Estimated cost of this operation 

Taking  available  statistics  (2004)  as  a  basis,  the  impact  on  the  loss  of  revenue 
resulting  from  this  Regulation  may  therefore  be  estimated  at  13.2  –  0.1  = 
MEUR 13.1 (gross amount, expenses incurred in collection included) x 0.75 = EUR 
9.8 MEUR/year for the period 1.7.2006- 31.12.2008. 

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

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