Council Regulation (EU) 2019/2197 of 19 December 2019 amending Regulation (EU) No 1387/2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products
Date: 2019-12-19
Institutions: Council of the European Union
Subjects: CCT duties, EU production, agricultural product, import (EU), industrial product, tariff quota, underproduction








L_2019335EN.01000101.xml










27.12.2019   


EN


Official Journal of the European Union


L 335/1








            COUNCIL REGULATION (EU) 2019/2197
of 19 December 2019
         
amending Regulation (EU) No 1387/2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31 thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


In order to ensure a sufficient and uninterrupted supply of certain agricultural and industrial products which are unavailable in the Union and thereby avoid any disturbances on the market for those products, Common Customs Tariff (CCT) duties on those products have been suspended by Council Regulation (EU) No 1387/2013 (1). Those products can be imported into the Union at reduced or zero duty rates.












(2)


The Union production of certain products that are not listed in the Annex to Regulation (EU) No 1387/2013 is inadequate or non-existent. It is therefore in the interest of the Union to suspend totally the CCT duties on those products.












(3)


With a view to promoting integrated battery production in the Union and in accordance with the communication from the Commission of 17 May 2018 entitled 'Europe on the Move — Sustainable Mobility for Europe: safe, connected, and clean', a partial suspension of the CCT duties should be granted for certain products that are not listed in the Annex to Regulation (EU) No 1387/2013. In addition, only a partial suspension of the CCT duties should be granted in respect of certain products currently subject to complete suspensions. The date set for the mandatory review of those suspensions should be 31 December 2020 in order to allow for the prompt review thereof having regard to the evolution of the battery sector in the Union.












(4)


It is necessary to modify the product description for certain CCT duty suspensions listed in the Annex to Regulation (EU) No 1387/2013 in order to take into account technical product developments and economic trends on the market.












(5)


A review has been undertaken for 334 CCT duty suspensions listed in the Annex to Regulation (EU) No 1387/2013. New dates should therefore be set for their next mandatory review.












(6)


For certain CCT duty suspensions listed in the Annex to Regulation (EU) No 1387/2013, the classification of the products in the Combined Nomenclature (CN) has changed. In the suspensions for those products, the applicable CN codes and TARIC subheadings should therefore be modified.












(7)


It is no longer in the interest of the Union to maintain the suspension of CCT duties for certain products listed in the Annex to Regulation (EU) No 1387/2013. The suspensions for those products should therefore be deleted. Moreover, according to the communication from the Commission of 13 December 2011 concerning autonomous tariff suspensions and quotas, for practical reasons requests for tariff suspensions or quotas where the amount of uncollected customs duty is estimated to be less than EUR 15 000 per year cannot be taken into consideration. The mandatory review of the existing suspensions has indicated that imports in relation to 70 products listed in the Annex to Regulation (EU) No 1387/2013 do not reach that threshold. Those suspensions should therefore be withdrawn. Furthermore, another three suspensions should be withdrawn as a result of the implementation of the agreement in the form of the Declaration on the Expansion of Trade in Information Technology Products (2), which reduced the duty rate for the products concerned to zero.












(8)


It is appropriate to create a unique serial number for each CCT duty suspension listed in the Annex to Regulation (EU) No 1387/2013 in order to enable better identification of those suspensions.












(9)


In the interest of clarity, and taking into account the number of amendments to be made, the Annex to Regulation (EU) No 1387/2013 should be replaced.












(10)


Regulation (EU) No 1387/2013 should therefore be amended accordingly.












(11)


In order to avoid any interruption of the application of the autonomous suspension scheme and to comply with the guidelines set out in the communication from the Commission of 13 December 2011 concerning autonomous tariff suspensions and quotas, the changes provided for in this Regulation regarding the tariff suspensions for the products concerned should apply from 1 January 2020. This Regulation should therefore enter into force as a matter of urgency,





HAS ADOPTED THIS REGULATION:



Article 1
The Annex to Regulation (EU) No 1387/2013 is replaced by the text set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2020.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2019.


For the Council


The President

K. MIKKONEN
            





(1)  Council Regulation (EU) No 1387/2013 of 17 December 2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products and repealing Regulation (EU) No 1344/2011 (OJ L 354, 28.12.2013, p. 201).

(2)  
            OJ L 161, 18.6.2016, p. 4.