CELEX: 51978PC0348
Language: en
Date: 1978-07-21
Title: Draft COUNCIL REGULATION on the importation free of Common Customs Tariff duties of materials for the use of the blind and other handicapped persons (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 348
Vol. 1978/0132
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(78)348 final
                                              Brussels . 21 July 1978
                                    Draft
                               COUNCIL REGULATION
              on the importation free of Common Customs Tariff
              duties of materials for the use of the blind and
                         , other handicapped persons
              ( submitted to the Council "by the Commission )
COM (78 ) 348 final
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
            The Agreement on the importation of educational , scientific and
 cultural materials , adopted by the General Conference of UNFSCO at its fifth
 session, held in Florence in July 1950, provides for the granting of duty-
 free entry for certain articles for the blind .
            These provisions are currently included in Council Regulation ( EEC )
No 1798/ 75 of 10 July 1975 on the importation free of Common Customs Tariff
duties of educational , scientific and cultural materials < 1 ).
            At its nineteenth session , held in Nairobi in November 1976 , the
General Conference of UNESCO adopted a protocol to the Florence Agreement
which , among other things , extends the duty relief from customs duties pro-,
vided for in the Agreement to articles for the blind and , under certain con­
ditions , to all materials specially designed for the education , employment
and social advancement of other physically or mentally handicapped persons
( Annex E ) .
            Under point 14(a ) of Title VIII of the Protocol , the European Eco­
nomic Community has been admitted as contracting party to the Protocol pro­
vided that all the Member States constituting it are also parties thereto .
            0°                     f the Council , on a proposal from the Commis-:
sion, decided to conclude this Protocol on behalf of the Community ( 2 ).
            The purpose of this proposal for a regulation is therefore to give
effect at Community level to the provisicins of Annex E,        to the Protocol
to the Florence Agreement .
( 1 ) 0J No L 184 , 15.7.1975 , p. 1
( 2 ) 0J No
 ---pagebreak---                                           -2 -
   This Protocol stipulates that , in order to be granted duty-free entry :
' - materials specially designed for the educational , scientific or cultural
        advancement of the blind must be imported directly by institutions or
       organizations concerned with the education of , or assistance to , the
       blind, approved by the competent authorities' of the importing country
       for the purpose of duty-free entry of these types of articles / Annex E
       ( i ) /.
  - materials specially designed for the education , employment and social
       advancement of other physically or mentally handicapped persons must be
       imported directly by institutions or organizations concerned with the
       education of , or assistance to , such persons , approved by the competent
      authorities of the importing country for the purpose of duty-free entry
      of these types of articles .
  Furthermore , the granting of duty-free entry is subject to the condition that
  equivalent pbjects are not being manufactured in the importing country
  / Annex E (i i )_7 .
  Pursuant to point 14 ( a ) of Title VIII , the term " importing country" should
  be taken , in the case of . the European Economic Community to refer to the
  whole of the territories which constitute it .
  The measures contained in this proposal have been drawn up in accordance
  with these provisions . However , in view of the objective being pursued ,. the
  Commission , after consulting the representatives of the Member States ,
  considered it possible to propose to the Council that it go beyond the
  obligations devolving upon the European Economic Community as a result of
  the signature of the Protocol to the Florence Agreement :
  - by not requiring the granting of customs duty-free admission for materials
       for the use of handicapped persons other than the blind / Annex E ( ii )_/
       always to be made subject    to the condition that articles equivalent to
       those for which duty-free admission is requested are not being manufactured
        in the Community , provided that the granting of this concession is not
        liable to prejudice Community production ;
   -*■ by granting duiy-free entry to materials which are sent as a gift to an
        approved institution or organization without any commercial consideration ,
        on the part of the donor .
                                                                                    \
 ---pagebreak---  Furthermore , in order to attain fully the desired objective , the Commission
 proposes that the approved institutions or organizations be authorized to
 lend , hire out or transfer , on a non-profit -making basis , the articles
 imported duty-free to persons with whom they are concerned .
The detailed rules for the practical application of these measures at
Community level will be adopted by the Commission once it has received an
opinion from the Committee on Duty-free Arrangements set up by the afore­
mentioned Regulation ( EEC ) No 1798 / 75 .
Since this proposal is based on Article 28 of the EEC Treaty it would not
normally require the opinion of the European Parliament . However , in view
of the subject of the proposal , the Commission considers it desirable to
                                                                            *
seek the opinion of the European Parliament as well as that of the Economic
and Social Committee .
 ---pagebreak---                                           Dr?f t                                         «
                                     COUNCIL REGULATION
  v
                    on the importation free
                                          1
                                                of Common Customs Tariff
                                                                       -•                  !
                    duties of materials for the use of the blind and
                              other handicapped persons
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having, regard to the Treaty establishing the European Economic Community ,
and " in particular Article 28 thereof ,
                      • '•                    '      '     '      '
Having regard to- the , draft Reaulatlon submitted hy the Commission,
Having regard to the opinion of the European .Par I iament ,              .
Having regard to the opinion of the Economic and Social Committee ,
Whereas , in order to facilitate the education , employment and social advance­
ment of the blind and other physically or mentally handicapped persons , the
materials specially designed for those purposes should , whenever possible ,
be allowed admission free of Common Customs Tariff duties;                                   j
                                                                                             'i
Whereas on 26 November 1976 the 19th General Conference of UNESCO adopted                    |
a Protocol to the Agreement on the Importation of Educational , Scientific
and Cultural ffeterials which makes provision          for such duty-free admission ;
Whereas the European Economic Community and its Member States are Contracting
Parties to that Protocol ;
Whereas Annex E of the said Protocol provides that in order to be granted
duty-free entry :
.- materials soecially desianed for the educational , scientific or cultural ad­
    vancement of the blind must be imported directly by institutions or organization
    concerned with the education of , or assistance to , the blind , approved by the
    competent authorities of the importing country for the purpose of duty-free
    entry of these types of articles ;
 - materials specially designed for the education , employment and social, sdvancemen
    of other physically or mentally handicapped persons must be imported directly by (
    institutions or organizations concerned with the education of , or assistance to ,,
    sucfi persons , approved by , the competent authorities- of the importing country for
    the purpose of duty-free entry of these types o,f articles ^ whereas , furthermore ,
    the granting of duty-free entry is subject to'the condition that equivalent objei
     are not being manufactured in the importing country;
 ---pagebreak---                                          - 2 -
 This Protocol stipulates that , in order to be arantsrd duty-free entry :
 - materials specially designed for the educational , scientific or cultural
    advancement of the blind must be imported directly by institutions or
    oraani zations concerned with the eHucation of , or assistance to, the
    blind, approved by the . competent authorities of the imoortina country for
    the purpose of duty-free entry of these types of articles / Annex E ( i ) 7 .
Whereas , in accordance with' paragraph 14 (a ) of the Protocol , the term
" importing country" must be taken to refer to the whole of the territories
of the Member States which constitute the European Economic Community ;
Whereas , to the extent that the grant of customs duty-free admission is
not liable to prejudice Community production, it possibly need not, where            ^
materials for the use of . handicapped persons other than the blind are concerned ,
be made systematically subject to the condition that equivalent                    ;
articles are not being manufactured in the Community ; whereas , in any event ,
this condition need not beimposed if the Articles in question are sent as
a gift to an approved institution or organization without any commercial
 consideration on the part of the donor ;
Whereas in order fully to attain the desired objective , the approved insti­
 tutions or organizations should be authorized on a non-profit making basis
to lend, hire out or transfer the articles imported duty free to the blind
or other handicapped persons with whom they are concerned ;
                                            I
                                                              \
 Whereas in the interest of logic and clarity atl the provisions governing
 the duty-free importation of materials for the use ^of the blind or other phy­
 sically or mentally handicapped persons should be brought together in a
 single regulation; whereas it is therefore necessary to include in this
 Regulation those provisions of Council Regulation ( EEC ) No 1798 / 75 of
 10 July 1975 on the importation free of tommon Customs Tariff duties of
 educational , scientific and cultural materials^        which concern blind persons ;
  <1 ) 0J No L 184 of 15.7.1975, p. 1
                                  -   .
                                               '
                                               1■
                                                            /          •         .
                                                  ' " «   '     '
                      ■ .  - '·. ·■- - ■                · .       . ·'
 ---pagebreak---    Whereas , in order to permit verification at Community level that the conditions
   imposed for the granting of. duty-free admission have been fulfilled , a        ' .
   Community procedure of consultation within a Committee should be used to
  allow close and effective collaboration between the Member States and the
  Commission; whereas it is also important to ensure the uniform implementa­
  tion of the provisions of this Regulation and to adopt detailed rules for •
 its implementation within the appropriate period of time ; whereas for this
 purpose it is necessary to have recourse to the Committee on Duty Free
 Arrangements established by the above-mentioned         _ , Regulation ( EEC )
No 1798 /75 ,
HAS ADOPTED THIS REGULATION :
     *'                 Title I - materials for the use of the blind
 ' /    :                                                                       '
                                      Article 1
Materials specially designed for the educational , scientific or cultural
advancement of blind persons, as specified in Annex I hereto , shall be admitted
free of Common Customs Tariff duties irrespective of the nature of the
recipient .
                                      Article 2
1 . Materials specially designed for the education or scientific or cultural
     advancement of blind persons , as specified in Annex II hereto , shall be
     admitted free of Common Customs Tariff duties provided they are imported
        directly by institutions or organizations concerned with the education of , <
     assistance to, the blind, approved by the competent authorities of the
     Member States for the purpose of duty-free entry of these types of
     articles .
           • \                               . .             ,
2 . The duty-free admission referred to in paragraph 1 of' this Article
     shall be granted directly, on application from the recipient institution
     or organization, by the competent authority of the Member State in
     whose territory it is situated .
 ---pagebreak---                                        - 4 -
                 Title II - materials for the use of other
                            handicapped persons
                                    Article 3
1 . Materials specially designed for the education , employment and social
     advancement of physically or mentally handicapped persons , other than
     blind persons , shall be admitted free of Common Customs Tariff duties
     when :
     (a ) they are intended for institutions , or organizations, that are princi­
           pally engaged in the education and social advancement of or the
           provision of assistance to handicapped persons and are authorized
           by the competent authorities of the Member States to receive such
           articles duty-free ;
           and
     ( b ) equivalent articles are not being manufactured in the Community .
     However , under the conditions laid-'down by implementing provisions
     adopted in accordance with the procedure referred to in Article 7 ( 2 ),
     a derogation may be made from conditions ( b ) above, provided the granting of
     duty-free admission does not prejudice the production of equivalent
     articles within the Community .
2 . The duty-free admission referred to in paragraph 1 shall apply to spare
     parts , units or accessories for the materials in question provided that
     such spare parts , units or accessories are imported at the same time as
   • the said materials or , if they are imported at a later date , that they
     are recognizably intended for materials previously admitted duty-free ,
     or eligible to be so admitted .
3 . For the purpose of this Article :
     whether articles are equivalent shall be assessed by comparing the
     characteristics and specifications of the article for which duty-free
     admission is requested with those of the corresponding article manu­
      factured in the Community to determine whether the latter could be used
                                                                      • •/ • « •
 ---pagebreak---       for the same purposes as those for which the article in respect of which
     duty-free admission is requested is intended and whether its performance
   - would be comparable to that expected of the latter ;    ... „
  - an article shall be regarded as being manufactured in the Community where
     its delivery period from the time of the order is not , account being
     taken of commercial practices in the manufacturing sector under conside­
     ration , appreciably longer than the delivery period of the article for
     which duty-free admission is requested , or where this period does not
     exceed the latter to such an extent that the intended purpose or use
     for which the article was initially intended would be appreciably affected
     thereby .
                             »
                                     Article 4
The duty-free admission referred to in Article 3 shall be granted , on
application from the recipient institution or organization^ by the competent
authority of the Member State in whose territory such institution or organization
is situated .                                 %
Without prejudice to the last subparagraph of Article 3 ( 1 ), the granting
of duty-free admission shall be conditional on its being established , under
the conditions laid down by implementing provisions adopted in accordance
with the procedure referred to in Article 6 ( 2 ), that articles equivalent ~
to those for which duty-free admission is requested are not being manu-        *
factured in the Community .
                                    Article 5
 The granting of duty-free admission in respect of articles sent as gifts
 to the institutions or organizations referred to in Article 3 ( 1 ) ( a )
 shall not be subject to the conditions laid down in Article 3 . ( 1 ) ( b )
 or the second paragraph of Article 4 .
 However ,, it must be established , under the conditions laid down by imple­
 menting provisions adopted in accordance w4th the procedure referred to
 in Article 6 (2 ), that the gift of the articles in question has not been
 prompted by any commercial considerations on the part of the donor .
 ---pagebreak---                     Title III - common provisions
                                 Article 6
    Articles which have been admitted duty free in accordance with the
conditions laid down in Articles 2 to 5 may be lent , hired out or
transferred by the beneficiary institutions or organizations on a non-
profit-making basis to the blind or physically or mentally handicapped
persons with whom they are concerned without payment of the correspon-
                      *      /                                                 ' "
ding customs duties .
No loan , hire or transfer , whether for a consideration or free of charge ,
may be effected . under conditions other than those provided for in
paragraph 1 unless the competent -authori t ies have first been informed .
                                                       *                   m ■
                                       »         ,
Should an article be lent , hired out or transferred to an institution
or organization itself entitled to benefit from exemption pursuant
to Article 2 ( 1 ) or Article 3 , the exemption shall continue to be granted
provided the latter uses the article for purposes giving entitlement
to such exemption . In other cases , the loan , hire or transfer shall be
subject to prior payment of customs duties , at the rate applying on the
day of the loan , hire or transfer, on the basis of the type of goods and
the customs value ascertained or accepted on that date by the competent
customs authorities .
             s                   Article 7
The Committee on Duty Free Arrangements provided for in Article .7 of
     ■ • Regulation ( EEC ) No 1798 / 75 shall examine such matters relating
to the implementation of this Regulation as are put to it by its Chair­
man, whether on his own initiative or at the request of the representative
of a Member State .                         1
                                         - ι · '
The provisions necessary for the implementation of this Regulation shall
be adopted in accordance with the procedure laid down in Article 9 ( 2 )
and ( 3 ) of         Regulation ( EEC ) No 1798 / 75 .
 ---pagebreak---                                  Art i c le 8
This Regulation shall enter into force on 1 January 1979 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                                    For the Council
                                                      The President
                           /
 ---pagebreak---                                                        ANNEX I
CCT Heading                   Description of goods
number
ex 49.03    Children 's picture books and painting books , printed in
            relief for the blind
                                               ■               •      i
   49.11    Other printed matter , including printed pictures and
            photographs :
            ex 0 . Other , printed in reLief for the blind
 ---pagebreak---                                                              ANNEX II
JCCT  Heading
 number                Description of goods                 Recipient institution
                                                            qr organization
     48.01    Paper and paperboard ( including cellulose    All institutions or . I
              wadding ), in rolls or sheets :               organizations concerned
                                                            with the education of ,
              ex F. Other :                                 or assistance to , thei
                    - Braille paper                         blind and approved by
                                                            the competent authorities
                                                            of the Member States '
                                                            for the purpose of duty-
                                                            free entry of these
                                                            types of articles
     48.15    Other paper and paperboard , cut to size or
              shape :                               ^
              ex B. Other . :
                    - Braille paper                                 ditto
 ex 66.02     Walking-sticks ( including climbing-sticks
              and seat-sticks ), canes , whips , riding-
              crops and the like :
              - White canes for the blind
     84.51    Typewriters , other than typewriters incor­
              porating calculating mechanisms ; cheques-
              writing machines :
              ex A. Typewriters :
                    - adapted for the use of blind per­
                       sons                                         ditto
     84.53    Automatic data processing machines and
              units thereof ; magnetic or optical readers ,
              machines for transcribing data onto data
              media in coded form and machines for pro­
              cessing such data , not etsewhere specified
              or included
              - equipment for the mechanical production
                of braille recorded material for the
                blind                                               ditto
     85.15    Radiotelegraphic and radiotelephoni c
              transmission and reception apparatus ;
              radio-broadcasting and television trans­
              mission and reception apparatus ( including
              receivers incorporating sound recorders or
              reproducers ) and television cameras ; radio
              navigational aid apparatus , radar apparatus
              and radio remote control apparatus :
                                                                       • ••/• ■ •
 ---pagebreak---                                                             ANNEX II ( contin .)
 CCT Heading                                               Recipient institution
                          Description of goods             or organisation
number
Γ            ex A. III . Receivers , whether or not com­
                         bined with a sound recorder or
                         reproducer :
                         - television-enlargers for the
                           blind and partially sighted            ditto
    90.19    Orthopaedic appliances , surgical belts ,
             trusses and the like ; splints and other
             fracture appliances ; artificial limbes ,
             eyes , teeth and other artificial parts of
             the body ; hearing aids or other appliances
             which are worn or carried , or implanted in .
             the body , to compensate for a defect or
             disability :
             ex B. Other :
                                             . i
                    - electronic reading, machines for the
                      blind and partially sighted
                    - electronic orientatian and obstacle
                      detection appliances for the blind          ditto
    90.21    Instruments , apparatus or models , designed
             solely , for demonstrational purposes ( for
             example , in education or exhibition ), un­
             suitable for other uses :
             - Teaching aids and apparatus specifically
               designed for the use of the blind
ex 91.01     Pocket-atches , wrist-watches and other
             watches , including stop-watches :
             - Braille watches with cases other than
               of precious metals
    92.11    Gramophones , dictating machines and other
             sound recorders or reproducers , including
             record-players and tape decks , with or
             without sound-heads ; television image
             and sound recorders or reproducers :
 ---pagebreak---                                      - 3 -                 ANNEX II  ( contin .)
CCT Headmg                                                 Recipient institution
                       Description of goods                or organization
                                                           or orgamzation        I
number
           A. II . Sound reproducers :
                   - Phonographs and cassette players
                     specially designed or adapted
                     for the blind                                  ditto
  92.12    Gramophone recorders and other sound or
           similar recordings ; matrices for the pro­
           duction of records , prepared record blanks ,
           film for mechanical sound recording , pre­
           pared tapes , wires , strips and like art­
           icles of a kind commonly used for sound or
           similar recordings :
                                                         v
           ex B.  II b ) Other :
                         - Magnetic tapes and cassettes
                           for the production of braille
                           and talking books                        ditto
  97.04    Equipment for parlour , table or funfair
           games for adults or children ( including
           billiard tables and pintables and table-
           tennis requisites ) :
           ex B. Other   :
                  - Table games and accessories
                    specially adapted for the use of
                    the blind                                       ditto
  Various         - All other material specially
                    designed for the educational ,
                    scientific or cultural advancement
                    of the blind                                    ditto
 ---pagebreak---                                               Annex to aoc .
        FINANCIAL MEMORANDUM
                                              Date :
1 . Budgetary line
2 . Title of action : Proposal for a regulation of the Council on the
    importation free of the duties of the Common Customs Tariff of objects
    intended for the blind and other handicapped persons
3 - Legal basis : Art . 28 of the EEC Treaty
4 . Purpose of the action : To include in a single text based on the
    provisions of the Florence Agreement and its Protocol , all measures
    of duty free admission likely to be granted on the importation of
    objects intended for the educational , scientific or cultural develop­
    ment of physically or mentally handicapped persons
5 . Financial implications
    Since the duty free admission will now be granted for other categories
    of handicapped persons other than the blind ( current system ), there
    will be a decrease in receipts . This is not quantifiable  and ought
    however to be relatively limited . Also it is a humanitarian operation
    which the Community could not refuse