CELEX: 51992PC0111(01)
Language: en
Date: 1992-03-26
Title: Proposal for a COUNCIL REGULATION (EEC) temporarily suspending the autonomous Common Customs Tariff duties on imports of certain industrial products into the Canary Islands

No C 100 / 14                            Official Journal of the European Communities                                    22 . 4 . 92
             Proposal for a Council Regulation (EEC) temporarily suspending the autonomous Common
                 Customs Tariff duties on imports of certain industrial products into the Canary Islands
                                                          (92 / C 100/ 07)
                                                       COM(92) 111 final
                                        (Submitted by the Commission on 27 March 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            carefully tailored to the Canary Islands' domestic market
                                                                     to avoid - any deflection of trade and, in principle, must
                                                                     be limited to the transitional period provided for under
Having regard to the Treaty establishing the European                Article 6 of Regulation (EEC) No 1911 / 91 for the
Economic Community, and in particular Article 28                     gradual adoption of the Common Customs Tariff to the
thereof,                                                             Canary Islands ;
Having regard to the proposal from the Commission ,
                                                                     Whereas the relevant Spanish authorities submitted a
                                                                     request on 16 September 1991 for autonomous Common
Having regard to the opinion of the European                         Customs Tariff duties to be suspended in full , from
Parliament,                                                          1 July 1991 to 31 December 2000 , on imports of certain
                                                                     sensitive products into the Canary Islands ;
Whereas Council Regulation (EEC) No 1911 /91 of 26
June 1991 on the application of the provisions of
Community law to the Canary Islands (J), as amended by
Regulation (EEC) No 284/92 of 3 February 1992 (2),                   Whereas, in the light of the supporting arguments
provides that from 1 July 1991 the Canary Islands shall              presented by the Spanish authorities to the Commission
form pan of the Community's customs territory and that               on 4 November 1991 , these products are considered to
the Common Customs Tariff shall be progressively                     be sensitive for the Canary Islands ' economy ;
introduced during a transitional period which, in
principle, may not extend beyond 31 December 2000 ;
whereas, consequently, since 1 July 1991 imports of
industrial products into the Canary Islands originating in
non-member countries have been subject to customs
duties which hitherto had not been levied on them ;                  Whereas , in order to ensure that the requested measure
                                                                     is carefully tailored to the Canary Islands' domestic
                                                                     market as it is now and as it might be by 31 December
                                                                     2000, it is considered appropriate, initially, to suspend all
Whereas point 7.1 of the Annex to Council Decision                   duty on the abovementioned products up to 31
91 /314/EEC of 26 June 1991 setting up a programme of                December 1995 ; whereas the measures to be decided
options specific to the remote and insular nature of the             between this date and the end of the transitional period
Canary Islands (Poseican) (3) states that, at the request            may be adopted at a later stage in the light of all the
— with supporting documents — of the relevant Spanish                measures adopted in favour of the economy of the
authorities, specific tariff measures will be considered for         Canary Islands until 31 December 1995 ; ' whereas the
certain sensitive products to take account of particular             purpose of the Spanish authorities' request for the
problems in a given sector of local production intended              products in question to be exempted from customs duty
for local consumption or tourism, with a view to main­               from 1 July 1991 is to maintain the supply of the
taining an exemption equivalent to that applied prior to             products in question and is hence deemed to be justified ;
the entry into force of Regulation (EEC) No 1911 /91
and to allow access for consumer goods ;
Whereas, according to point 7.2 of the Annex to t e                  Whereas measures must be taken to ensure that the
 abovementioned Decision, such measures must e                        products for which suspension is requested are intended
                                                                      solely for the Canary Islands ' domestic market and also
                                                                      to ensure that the Commission is kept regularly informed
 (') OJ No L 171 , 29. 6. 1991 , p. 1 .                               about the volume of imports in question so that, if
 (2) OJ No L 31 , 7 . 2. 1991 , p. 6 .                                necessary, it can take steps to prevent any speculative
(3) OJ No L 171 , 29. 6 . 1991 , p. 5 .                               movement or deflection of trade,
 ---pagebreak--- 22 . 4 . 92                            Official Journal of the European Communities                                        No C 100 / 15
HAS ADOPTED THIS REGULATION :                                                                        Article 3
                                                                        If the suspension granted for the products listed in the
                          Article 1                                     Annex causes , in one or more Member States, serious
                                                                        injury to Community producers of similar or directly
1.      The Common Customs Tariff duties applicable to                  competing products, the Commission may, after
imports into the Canary Islands of the products listed in               discussion with Member States , reintroduce on its own
the Annex shall be suspended in full from 1 July 1991 to                initiative or at the request of a Member State the
31 December 1995 .                                                      Common Customs Tariff duty which would normally
                                                                        have applied to the products in question .
2 . The suspension referred to in paragraph 1 shall
apply solely to products intended for the Canary Islands'                                            Article 4
domestic market .
                                                                        In 1995, the Commission, after consulting the competent
                                                                        Spanish authorities , shall examine the effect of all the
3 . The relevant Spanish authorities shall adopt the                    measures adopted in favour of the economy of the
provisions necessary to ensure compliance with                          Canary Islands . On the basis of the outcome of this
paragraph 2 pursuant to the relevant Community                          examination, it shall submit to the Council the requisite
provisions on end-use .                                                 proposals for the period from 1 January 1996 to 31
                                                                        December 2000 .
                          Article 2
                                                                                                     Article 5
 1 . In the case of the products referred to in Article 1 ,
the relevant Spanish authorities shall inform the                       This Regulation shall enter into force on the third day
Commission , no later than the fiftheenth of each month ,               following its publication in the Official Journal of the
beginning on 15 April 1992, of the volume of imports                    European Communities.
exempted from duty during the preceding month.
                                                                        It shall apply from 1 July 1991 .
2 . The information to be sent on 15 April 1992 must                    This Regulation shall be binding in its entirety and
cover all imports since 1 July 1991 .                                   directly applicable in all Member States .
                                                                ANNEX
     Order No        CN code                                                       Description
      17.0503     3901              Polymers of ethylene, in primary forms
      17.0505     3904 10           Polyvinyl chloride, not mixed with any other substances
      17.0507     4011              New pneumatic tyres, of rubber
      17.0509     4202              Trunks, suit-cases, vanity-cases, executive-cases, brief-cases , school satchels, spectacle cases,
                                    binocular cases, camera cases , musical instrument cases, gun cases, holsters and similar
                                    containers ; travelling-bags, toilet bags, rucksacks, handbags, shopping-bags , wallets , purses ,
                                    map-cases, cigarette-cases, tobacco pouches, tool bags, sports bags, Dottle-cases, jewellery boxes,
                                    powder-boxes, cutlery cases and similar containers, of leather or of composition leather, of
                                    sheeting of plastics, of textile materials, of vulcanized fibre or of paperboard , or wholly or mainly
                                    covered with such materials or with paper
      17.0511     4203              Articles of apparel and clothing accessories, of leather or of composition leather
      17.0513     4407              Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or finger­
                                    jointed , of a thickness exceeding 6 mm
 ---pagebreak--- No C 100 / 16               Official Journal of the European Communities                                            22 . 4 . 92
   Order No      CN code                                              Description
   17.0515    4410       Particle board and similar board of wood or other ligneous materials, whether or not agglom­
                         erated with resins or other organic binding substances
   17.0517    4412       Plywood, veneered panels and similar laminated wood
   17.0519    4803 00    Toilet or facial tissue stock, towel or napkin stock and similar paper of a kind used for household
                         or sanitary purposes, cellulose wadding and webs of cellulose fibres, whether or not creped,
                         crinkled, embossed, perforated, surface-coloured, surface-decorated or printed, in rolls of a width
                         exceeding 36 cm or in rectangular (including square) sheets with at least one side exceeding
                         36 cm in unfolded state
   17.0521    4804       Uncoated kraft paper and paperboard, in rolls or sheets, other than that of heading No 4802 or
                         4803
   17.0523    4805       Other uncoated paper and paperboard, in rolls or sheets
   17.0525    4808       Paper and paperboard, corrugated (with or without glued flat surface sheets), creped, crinkled,
                         embossed or perforated, in rolls or sheets, other than that of heading No 4803 or 4818
   17.0527    4810       Paper and paperboard, coated on one or both sides with kaolin (China clay) or other inorganic
                         substances, with or without a binder, and with no other coating, whether or not surface­
                         coloured, surface-decorated or printed, in rolls or sheets
   17.0529    Chapter 51 WOOL, FINE OR COARSE ANIMAL HAIR, HORSEHAIR YARN AND WOVEN FABRIC
   17.0531    Chapter 52 COTTON
   17.0533    Chapter 54 MAN-MADE FILAMENTS
   17.0535    Chapter 55 MAN-MADE STAPLE FIBRES
   17.0537    5608       Knotted netting of twine , cordage or rope ; made-up fishing nets and other made-up nets , of
                         textile materials
   17.0539    Chapter 60 KNITTED OR CROCHETED FABRICS
   17.0541    Chapter 61 ARTICLES        OF     APPAREL       AND     CLOTHING        ACCESSORIES,         KNITTED         OR
                         CROCHETED
   17.0543    Chapter 62 ARTICLES OF APPAREL AND CLOTHING ACCESSORIES, NOT KNITTED OR
                         CROCHETED
   17.0545    Chapter 63 OTHER MADE-UP TEXTILE ARTICLES ; SETS ; WORN CLOTHING AND WORN
                         TEXTILE ARTICLES ; RAGS
   17.0547    Chapter 64 FOOTWEAR, GAITERS AND THE LIKE ; PARTS OF SUCH ARTICLES
   17.0549    7304       Tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel
   17.0551    7312       Stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel , not electrically
                         insulated
   17.0553    7601       Unwrought aluminium
   17.0555    8415       Air conditioning machines, comprising a motor-driven fan and elements for changing the
                         temperature and humidity, including those machines in which the humidity cannot be separately
                         regulated
   17.0557    8418       Refrigerators, freezers and other refrigerating or freezing equipment, electric or other ; heat
                         pumps other than air conditioning machines of heading No 8415
 ---pagebreak--- 22 . 4 . 92                  Official Journal of the European Communities                                      No C 100 / 17
     Order No    CN code                                              Description
     17.0559  8422       Dishwashing machines ; machinery for cleaning or drying bottles or other containers ; machinery
                         for filling, closing, sealing, capsuling or labelling bottles, cans, boxes, bags or other containers ;
                         other packing or wrapping machinery ; machinery for aerating beverages
      17.0561 8427       Fork-lift trucks ; other works trucks fitted with lifting or handling equipment
      17.0563 8431       Parts suitable for use solely or principally with the machinery of headings Nos 8425 to 8430
      17.0565 8450       Household or laundry-type washing machines, including machines which both wash and dry
      17.0567 8469       Typewriters and word-processing machines
      17.0569 8470       Calculating machines ; accounting machines , postage-franking, machines , ticket-issuing machines
                         and similar machines, incorporating a calculating device ; cash registers
      17.0571 8471       Automatic data processing machines and units thereof; magnetic or optical readers, machines for
                         transcribing data onto data media in coded form and machines for processing such data, not
                         elsewhere specified or included
      17.0573 8472       Other office machines (for example, hectograph or stencil duplicating machines, addressing
                         machines , automatic banknote dispensers, coin-sorting machines , coin-counting or wrapping
                         machines pencil-sharpening machines, perforating or stapling machines)
      17.0575 8473       Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or
                         principally with machines of headings Nos 8469 to 8472
      17.0577 8501       Electric motors and generators (excluding generating sets)
      17.0579 8517       Electrical apparatus for line telephony or line telegraphy, including such apparatus for carrier­
                         current line systems
      17.0581 8518       Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures ;
                         headphones, earphones and combined microphone / speaker sets ; audio-frequency electric
                         amplifiers ; electric sound amplifier sets
      17.0583 8519       Turntables (record-decks), record-players , cassette-players and other sound reproducing
                         apparatus , not incorporating a sound recording device
     17.0585  8520       Magnetic tape recorders and other sound recording apparatus, whether or not incorporating a
                         sound reproducing device
     17.0587  8521       Video recording or reproducing apparatus , whether or not incorporating a video tuner
     17.0589  8522       Pans and accessories of apparatus of headings Nos 8519 to 8521
     17.0591  8523       Prepared unrecorded media for sound recording or similar recording of other phenomena, other
                         than products of Chapter 37
      17.0593 8524       Records, tapes and other recorded media for sound or other similarly recorded phenomena,
                         including matrices and masters for the production of records , but excluding products of Chapter
                         37
     17.0595  8525       Transmission apparatus for radio-telephony, radio-telegraphy, radio broadcasting or television,
                         whether or not incorporating reception apparatus or sound recording or reproducing apparatus ;
                         television cameras
     17.0597  8526       Radar apparatus, radio navigational aid apparatus and radio remote control apparatus
 ---pagebreak--- No C 100 / 18                 Official Journal of the European Communities                                            22 . 4 . 92
   Order No      C N code                                              Description
   17.0599    8527        Reception apparatus for radio-telephony, radio-telegraphy or radio-broadcasting, whether or not
                          combined, in the same housing, with sound recording or reproducing apparatus or a clock
   17.0601    8528        Television receivers (including video monitors and video projectors, whether or not incorporating
                          radio-broadcast receivers or sound or video recording or reproducing apparatus
   17.0603    8529        Parts suitable for use solely or principally with the apparatus of headings Nos 8525 to 8528
   17.0605    8701        Tractors (other than tractors of heading No 8709)
   17.0607    8702        Motor vehicles for the transport of ten or more persons , including the driver
   17.0609    8703        Motor cars and other motor vehicles principally designed for the transport of persons (other than
                          those of heading No 8702), including station wagons and racing cars
   17.0611    8704        Motor vehicles for the transport of goods
   17.0613    8705        Special purpose motor vehicles, other than those principally designed for the transport of persons
                          or goods (for example, breakdown lorries, crane lorries, fire-fighting vehicles, concrete-mixer
                          lorries, road sweeper lorries , spraying lorries, mobile workshops, mobile radiological units)
   17.0615    8706        Chassis fitted with engines, for the motor vehicles of headings Nos 8701 to 8705
   17.0617    8707        Bodies (including cabs), for the motor vehicles of headings Nos 8701 to 8705
   17.0619    8708        Parts and accessories of the motor vehicles of headings Nos 8701 to 8705
   17.0621    8711        Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without
                          side-cars ; side-cars
   17.0623    8712 00     Bicycles and other cycles (including delivery tricycles), not motorized
   17.0625    8713        Invalid carriages, whether or not motorized or otherwise mechanically propelled
   17.0627    8714        Parts and accessories of vehicles of headings Nos 8711 to 8713
    17.0629   9001        Optical fibres and optical fibre bundles ; optical fibre cables other than those of heading No 8544 ;
                          sheets and plates of polarizing material ; lenses (including contact lenses), prisms, mirrors and
                          other optical elements , of any material , unmounted , other than such elements of glass not
                          optically worked
    17.0631   9002        Lenses, prisms, mirrors and other optical elements, of any material, mounted, being parts of or
                          fittings for instruments or apparatus , other than such elements of glass not optically worked
    17.0633   9003        Frames and mountings for spectacles , goggles or the like , and parts therfeof
    17.0635   9004         Spectacles , goggles and the like, corrective, protective or other
    17.0637   9005         Binoculars, monoculars , other optical telescopes, and mountings therefor ; other astronomical
                           instruments and mountings therefor, but not including instruments for radio-astronomy
    17.0639   9006         Photographic (other than cinematographic) cameras ; photographic flashlight apparatus and
                           flashbulbs other than discharge lamps of heading No 8539
    17.0641   9007         Cinematographic cameras and projectors, whether or not incorporating sound recording or
                           reproducing apparatus
    17.0643   9008         Image projectors, other than cinematographic ; photographic (other than cinematographic)
                           enlargers and reducers
 ---pagebreak--- 22 . 4 . 92                                  Official Journal of the European Communities                                    No C 100 / 19
     Order No           CN code                                                        Description
      17.0645       9009                  Photocopying apparatus incorporating an optical system or of the contact type and thermo­
                                          copying apparatus
      17.0647       9010                  Apparatus and equipment for photographic (including cinematographic) laboratories (including
                                          apparatus for the projection of circuit patterns on sensitized semi-conductor materials), not
                                          specified or included elsewhere in this Chapter; negatoscopes ; projection screens
      17.0649       9011                  Compound optical microscopes , including those for photomicrography, cinephotomicrography or
                                          microprojection
      17.0651       9012                  Microscopes other than optical microscopes ; diffraction apparatus
      17.0653       9030                  Oscilloscopes , spectrum analysers and other instruments and apparatus for measuring or checking
                                          electrical quantities, excluding meters of heading No 9028 ; instruments and apparatus for
                                          measuring or detecting alpha , beta, gamma, X-ray, cosmic or other ionizing radiations
      17.0655       Chapter 91            CLOCKS AND WATCHES AND PARTS THEREOF
      17.0657       9207                  Musical instruments, the sound of which is produced, or must be amplified, electrically (for
                                          example , organs , guitars , accordions)
      17.0659       Chapter 95            TOYS , GAMES AND SPORTS REQUISITES ; PARTS AND ACCESSORIES THEREOF
              Proposal for a Council Regulation (EEC) temporarily suspending autonomous Common
              Customs Tariff duties, subject to a specific ceiling, on imports into the Canary Islands of certain
                                          tobaccos falling within CN headings 2402 and 2403
                                                                 (92 /C 100/08 )
                                                              COM(92) 111 final
                                            (Submitted by the Commission on 27 March 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                     form part of the Community's customs territory and that
                                                                              the Common Customs Tariff shall be progressively
                                                                              introduced in the Canary Islands ; whereas, however, the
Having regard to the Treaty establishing the European                         Common Customs Tariff and other import duties under
Economic Community, and in particular Article 28                              the common agricultural policy shall not be applied to
thereof,                                                                      agricultural products until the specific supply
                                                                              arrangements provided for in Articles 2 and 10 of the
                                                                              Regulation enter into force ; whereas these arrangements
                                                                              are scheduled to come into force on 1 July 1992 ;
Having regard to the proposal from the Commission,
Having regard to the opinion of the European
Parliament,                                                                   Whereas Decision 91 / 314 / EEC of 26 June 1991 setting
                                                                              up a programme of options specific to the remote and
                                                                              insular nature of the Canary Islands (Poseican) (J)
                                                                              provides that, in certain circumstances , imports of certain
Whereas Council Regulation (EEC) No 1911 /91 of 26                            types of tobacco into the Canary Islands for use by its
June 1991 on the application of the provisions of                             industry may be exempted from Common Customs
Community law to the Canary Islands (*), as amended by                        Tariff duties ;
Regulation (EEC) No 284/92 of 3 February 1992 (2)
provides that from 1 July 1991 the Canary Islands shall
(') OJ No L 171 , 29 . 6 . 1991 , p . 1 .
(2) OJ No L 31 , 7 . 2 . 1992 , p . 6 .                                       O OJ No L 171 , 19 . 6 . 1991 , p. 5 .