CELEX: 51983PC0656
Language: en
Date: 1983-11-11
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 97/69 ON MEASURES TO BE TAKEN FOR UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF

No C 317/6                                 Official Journal of the European Communities                               23.11.83
                   Proposal for a Council Regulation amending Regulation (EEC) No 97/69 on measures to
                      be taken for uniform application of the nomenclature of the Common Customs Tariff
                                                         COM(83) 656 final
                                (Submitted by the Commission to the Council on 11 November 1983)
THE COUNCIL OF THE EUROPEAN                                           1. Article 2 is hereby replaced by the following:
COMMUNITIES
                                                                          'Article 2
Having regard to the Treaty establishing the
European Economic Community, and in particular                            1.    The Committee may examine any matter
Articles 28, 43, 113, 235 and 238 thereof,                               concerning the nomenclature of the Common
                                                                         Customs Tariff referred to it by its chairman,
Having regard to the proposal from the Commission,                       either on his own initiative or at the request of the
                                                                         representative of a Member State.
Having regard to the opinion of the European
Parliament,                                                              2.     For the purposes of this Regulation,
                                                                         "nomenclature of the Common Customs Tariff"
Having regard to the opinion of the Economic and                         means the tariff nomenclature contained in the
Social Committee,                                                        Annex to Regulation (EEC) No 950/68 and to
                                                                         any other nomenclature consisting of the whole or
Whereas practical experience of the operation of the                     part of that tariff nomenclature, whether or not
Committee             on      Common        Customs      Tariff          with further subdivisions, drawn up by specific
Nomenclature set up by Council Regulation (EEC)                          Community rules concerning customs and agri-
No 97/69 ('), as last amended by the Act of                              cultural matters, with a view to the application of
Accession of Greece, has shown that the Committee's                      tariff or other measures relating to trade in goods.
sphere of activity should be laid down in more detail
                                                                         The provisions of the preceding subparagraph shall
and certain adjustments be made to its operating
                                                                         be without prejudice to the application of Council
procedures; .
                                                                         Regulation (EEC) No 1445/72 of 24 April 1972
                                                                         on the nomenclature of goods for the external
Whereas, for this purpose and for the sake of
                                                                         trade statistics of the Community and statistics of
simplicity and uniformity, Regulation (EEC) No
                                                                         trade between Member States (NIMEXE) (x).
97/69 should be applied in all cases where measures
must be taken in order to ensure uniform application
                                                                         3.     The measures required for the application of
of the Common Customs Tariff Nomenclature;
                                                                         the nomenclature of the Common Customs Tariff
whereas these cases result from Council Regulation
                                                                         as regards classification of goods shall be adopted
(EEC) No 950/68 of 28 June 1968 on the Common
                                                                         in accordance with the procedures laid down in
Customs Tariff (2), as last amended, or, as regards
                                                                         Article 3 or in Article 3a.
customs and agricultural matters, by specific
Community Regulations;
                                                                         O O J N 0 L I 6 I , 17.7. 1972, p. 1.*
Whereas, moreover, in order to increase the
effectiveness of the Committee, it is advisable for it to
be able to deliver opinions by a qualified majority on                2. Article 3 is hereby replaced by the following:
draft classification slips, on draft explanatory notes to
the Common Customs Tariff, or on draft agreements                         Article 3
on the classification of goods to be written into the
                                                                          1.    The Commission representative shall submit
summary record of the meeting concerned as
                                                                         to the Committee a draft Regulation. The
submitted to it by the Commission representative,
                                                                         Committee shall deliver its opinion on this draft
                                                                         within a time limit set by the chairman, having
HAS ADOPTED THIS REGULATION:
                                                                         regard to the urgency of the matter. Opinions shall
                                                                         be delivered by the majority laid down in Article
                               Article 1                                  148 (2) of the Treaty for the adoption of those
Regulation (EEC) No 97/69 is hereby amended as                           decisions which the Council is required to take
follows:                                                                 on a Commission proposal. When voting in
                                                                         Committee, the votes of the representatives of the
                                                                          Member States shall be weighted as defined in the
( ' ) O J N o L 1 4 , 21. 1. 1969, p. 1.                                  abovementioned Article. The chairman shall not
( 2 )OJNoL 172, 28. 7. 1968, p. 1.                                       vote.
 ---pagebreak--- 23. 11. 83                                 Official Journal of the European Communities                                N o C 317/7
2. (a) The Commission shall adopt the proposed                             classification slip, a draft explanatory note to the
        Regulation where it is in accordance with the                      Common Customs Tariff or draft agreements on
         opinion of the Committee.                                         the classification of goods to be recorded in the
   (b) Where the proposed Regulation is not                   in           summary record of the meeting. The Committee
         accordance        with     the     opinion    of    the           shall arrive at its decision on this draft by the
         Committee, or if no opinion is delivered,           the           majority laid down in Article 3 (1). The chairman
         Commission shall without delay propose to           the           shall not vote.
         Council the provisions to be adopted.
                                                                           2.    When the measure proposed in paragraph 1
        The Council shall act by a qualified majority.                     is in accordance with the opinion of the
   (c) If within three months of the proposal being                        Committee, the Commission shall have it published
      ' submitted to it the Council has not acted, the                     in the       Official Journal      of the      European
        proposed provisions shall be adopted by the                        Communities, ' C Series.
         Commission.'
                                                                                                 Article 2
3. The following Article 3a is hereby inserted:
                                                                       This Regulation shall enter into force on the seventh
    'Article 3 a
                                                                       day following its publication in the Official Journal of
   1.     Where the procedure laid down in Article 3                    the European Communities.
   is not requested by the representative of a Member
   State or by the Commission representative, the                      This Regulation shall be binding in its entirety and
   latter may submit to the Committee a draft                          directly applicable in all Member States.
                                                                ANNEX
                Draft declaration to be included in the minutes of the Council at which the Council Regulation
                amending for the fourth time Regulation (EEC) No 97/69 on measures to be taken for uniform
                               application of the nomenclature of the Common Customs Tariff is adopted
                 1. With regard to Article 2 (2) 1
                    'The Council declares that:
                    The competence of the Committee on Common Customs Tariff Nomenclature in respect of "any
                    other nomenclature" is limited to the technical aspects of its interpretation and does not affect
                    the competence of other Committees, such as the agricultural Management Committees.'
                2. With regard to Article 3a
                    'The Council declares that:
                    Without prejudice to the provisions in force regarding tariff information of a binding nature,
                    Member States shall ensure that the measures envisaged in Article 3a (1) be put into effect on the
                    3oth day at the latest following the date of their publication in the Official Journal of the
                     European Communities, "C" series.
                    The term "provisions", within the meaning of this Declaration, is also taken to include
                     administrative provisions.'