Proposal for a Council Regulation amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
Date: 2009-01-15
Institutions: European Commission
Subjects: audiovisual equipment, common customs tariff, suspension of customs duties, tariff nomenclature

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.1.2009 
COM(2009) 3 final 

Proposal for a 

COUNCIL REGULATION 

amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical 
nomenclature and on the Common Customs Tariff 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1) 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

The aim of this draft Council Regulation is to amend the current autonomous duty suspension 
for certain type of monitors for which customs duties are currently autonomously suspended 
until 31 December 2008.  

•  General context 

Council  Regulation  (EC)  n°  301/2007  of  19  March  2007  amending  Annex  I  to  Regulation 
(EEC)  No  2658/87  on  the  tariff  and  statistical  nomenclature  and  on  the  Common  Customs 
Tariff suspended totally, for a limited period, the autonomous Common Customs Tariff duties 
for  monitors  using  liquid  crystal  display  technology,  with  a  diagonal  measurement  of  the 
screen  of  48,5  cm  or  less  and  a  screen  aspect  ratio  of  4:3  or  5:4  and  classifiable  under  CN 
code 8528 59 90. This measure expires on 31 December 2008. 

After examining a proposal submitted by the European industry and having taken into account 
the consumers  interests,  the Commission has decided to propose  amending the  scope of the 
current  autonomous  duty  suspension  by  introducing  colour  monitors  with  a  diagonal 
measurement  of  the  screen  not  exceeding  55,9  cm  (i.e.  22  inches)  and  the  additional  aspect 
ratios of 1:1 and 16:10, and black and white or other monochrome monitors with a diagonal 
measurement of the screen not exceeding 77,50 cm (i.e. 30.5 inches). 

•  Existing provisions in the area of the proposal 

Council  Regulation  (EEC)  No  2658/87  on  the  tariff  and  statistical  nomenclature  and  on  the 
Common Customs Tariff. 

Council  Regulation  (EC)  No  301/2007  of  19  March  2007  amending  Annex  I  to  Regulation 
(EEC)  No  2658/87  on  the  tariff  and  statistical  nomenclature  and  on  the  Common  Customs. 
This Council regulation will expire by 31 December 2008.  

•  Consistency with other policies and objectives of the Union 

In line with external trade and industry policies.  

2) 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The  Tariff  and  Statistical  Nomenclature  Section  (Mechanical/Miscellaneous  Sector)  of  the 
Customs Code Committee.  

EICTA  (European  Information,  Communications  and  Consumer  Electronics  Technology 
Industry Association). 

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Summary of responses and how they have been taken into account 

The proposal is in accordance with the views expressed by the interested parties. 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

Customs nomenclature, external trade and industry policy. 

Methodology used 

Meetings with experts representing Member States. 

Consultations with EICTA.  

Main organisations/experts consulted 

The Tariff and Statistical Nomenclature Section of the Customs Code Committee and EICTA.  

Summary of advice received and used 

It is for consumer benefit reasons and in order to promote the trade between Member states 
and third countries in the interest of the Community to expand the current autonomous duty 
suspension for certain types of monitors for 2 years starting 1 January 2009. 

Means used to make the expert advice publicly available 

Publication of the Proposal. 

•  Impact assessment 

Trade facilitation 

3) 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

Proposal  for  a  COUNCIL  REGULATION  amending  Annex  I  to  Regulation  (EEC)  No 
2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.  

•  Legal basis 

Art 26 of the Treaty. 

•  Subsidiarity principle 

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

•  Proportionality principle 

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

As foreseen in the Treaty it promotes the trade between Member states and third countries and 
balances the commercial interest of economic operators (manufacturers in the Community and 
importers) without changing the EC WTO schedule. 

•  Choice of instruments 

Proposed instruments: Council 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 in the range of 350 MEURO. 

5) 

TIMETABLE 

Approximate timing deemed advisable by the Commission services: 

Adoption by the Council: January/February 2009. 

Publication in the OJ: as soon as possible after adoption. 

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Proposal for a 

COUNCIL REGULATION 

amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical 
nomenclature and on the Common Customs Tariff 

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) 

(5) 

(6) 

Council  Regulation  (EC)  No  301/2007  of  19  March  2007  amending  Annex  I  to 
Regulation  (EEC)  No  2658/87  on  the  tariff  and  statistical  nomenclature  and  on  the 
Common Customs Tariff2 suspended totally, for a period of two years, the autonomous 
Common Customs Tariff duties for monitors using liquid crystal display technology, 
with a diagonal measurement of the screen of 48,5 cm or less and a screen aspect ratio 
of 4:3 or 5:4 and classifiable under CN code 8528 59 90.  

This suspension measure expires on 31 December 2008.  

On  consumer  benefit  grounds,  to  ensure  rational  development  of  production  and  an 
expansion  of  consumption  within  the  Community  and  to  promote  trade  between 
Member States and third countries, it is in the interest of the Community to extend the 
current autonomous duty suspension for two years starting on 1 January 2009 and to 
increase the diagonal measurement of the screen to 55,9 cm (22 inches) and to add the 
additional aspect ratios of 1:1 and 16:10. 

For  the  same  reasons,  it  is  also  in  the  interest  of  the  Community  to  provide  for  a 
suspension  for  two  years  starting  on  1  January  2009  for  black  and  white  or  other 
monochrome monitors with a diagonal measurement of the screen not exceeding 77,5 
cm (30,5 inches) and with the same aspect ratios as for colour monitors.  

Council Regulation (EEC) No 2658/873 should therefore be amended accordingly.  

As the suspensions provided for in this Regulation are an extension of the suspension 
introduced  by  Regulation  (EC)  No  301/2007  that  expires  on  31  December  2008  and 
since it is not in the interest of the Community that there is an interruption of the tariff 

1 
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3 

OJ C , , p. . 
OJ L 81, 22.3.2007, p. 11 
OJ L 256, 7.9.1987, p. 1.  

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treatment  of  the  monitors  covered  by  the  suspension,  this  Regulation  should  apply 
from 1 January 2009, 

HAS ADOPTED THIS REGULATION: 

Article 1 

In Part Two, Section XVI, Chapter 85, of Annex I to Regulation (EEC) No 2658/87, the text 
in column 3 for CN code 8528 59 10 shall be replaced by the following: 

“14(*) 

___________________ 

* 

Customs duty autonomously suspended, until 31 December 2010, for  

black  and  white  or  other  monochrome  monitors,  using  liquid  crystal  display  technology, 
equipped  with  either  Digital  Visual  Interface  (DVI)  or  a  Video  Graphics  Array  (VGA) 
connector or both 

with a diagonal measurement of the screen not exceeding 77.50 cm (i.e. 30,5 inches),  

with an aspect ratio of 1:1, 4:3, 5:4 or 16:10,  

with a pixel resolution exceeding 1.92 mega pixels, and  

with a dot pitch not exceeding 0,3mm. 

(TARIC code 8528 59 10 10)"  

Article 2 

In Part Two, Section XVI, Chapter 85, of Annex I to Regulation (EEC) No 2658/87, the text 
in column 3 for CN code 8528 59 90 shall be replaced by the following: 

“14(*) 

___________________ 

* 

Customs duty autonomously suspended, until 31 December 2010, for  

colour monitors, using liquid crystal display technology, with a diagonal measurement of the 
screen not exceeding 55,9 cm (i.e. 22 inches), with an aspect ratio of 1:1, 4:3, 5:4 or 16:10. 
(TARIC code 8528 59 90 40)"  

Article 3 

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 January 2009. 

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

Done at Brussels,  

the President 

For the Council 

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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  Annex  I  to  Regulation  (EEC)  No 
2658/87  on  the  tariff  and  statistical  nomenclature  and  on  the  Common  Customs 
Tariff 

2. 

BUDGET LINES: 

Chapter and Article: Chap. 12 art. 120 

3. 

FINANCIAL IMPACT  

(cid:133) 

Proposal has no financial implications 

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

X 
revenue – the effect is as follows: 

It is difficult to precisely estimate the loss of own resources involved: indeed precise 
statistics  for  imports  of  monitors  fulfilling  the  criteria  set  out  in  the  proposed 
regulation  are  not  available  given  that  there  is  currently  no  tariff  line  for  these 
specific products. 

On the basis of the imports realized in 2007, the maximum loss of revenue has been 
estimated to 350 MEURO.  

(€ million to one decimal place)  

Budget line 

Revenue4 

12 month period, 
starting dd/mm/yyyy

[Year n] 

Article 120 

Impact on own resources 

01/01/2009 

350.000.000 

4. 

ANTI-FRAUD MEASURES 

Application of the normal measures under the Community Customs Code. 

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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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