CELEX: 51994PC0273
Language: en
Date: 1994-09-08
Title: Proposal for a COUNCIL REGULATION (EC) amending Council Regulation (EEC) No 1602/92 temporarily derogating from implementation of Community anti-dumping measures on imports into the Canary islands of certain sensitive products

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                    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          C0M(94) 273   final
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                                                          Brussels, 08.09.1994
                                                          94/ 0158CACC)
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                                               Proposal for a
                                          COUNCIL REGULATION (EC)
                               amending Council Regulation (EEC) No 1602/92
                              temporarily derogating from implementation of
                            Community anti-dumping measures on imports into
                            the Canary Islands of certain sensitive products
                                       (presented by the Commission)
 ---pagebreak---                         EXPLANATORY MEMORANDUM
1. Regulation (EC) No 1602/92 established specific arrangements for the
   collection pf anti-dumping duties on imports into the Canary Islands
   of certain sensitive products. The arrangements, amounting to a
   derogation from the common commercial policy, were agreed to as a way
   of ensuring that the Canary Islands market could continue to be
   supplied at prices equivalent to those prevailing there before the
   new commercial arrangements were applied to the islands.
   Consequently, only products destined for local or tourist consumption
   are eligible for the specific tariff arrangements, even though the
   clause restricting end-use does not appear in the Regulation itself.
2. According to the provisions in force (Article 1 (3) of Regulations
   (EEC) Nos. 1602/92 and 1605/92) goods exempt from anti-dumping duties
   on import into the Canary Islands and subsequently dispatched to
   other parts of the Community's customs territory are liable for anti-
   dumping dut I es
   The nacional authorities are responsible for collecting anti-dumping
   duties in such cases.
3. For reasons of clarity and legal security, it would be suitable to
   insert in Regulation (EEC)   No 1602/92 a clause similar to that of
   Article 1 (3) of Regulation (EEC) No 1605/92.   This clause stipulates
   that the Spanish authorities shall take the necessary measures to
   ensure that:
       the benefit of the tariff suspension is granted exclusively to
       products intended for local or touristic use
       CCT duties are collected when the products concerned are re-
       consigned to the rest of the community.
 ---pagebreak--- 4. Under Article 2 of Regulation No 1602/92 the Spanish authorities must
   regularly send the Commission data on the utilization of the fixed
   quantities set in Article 1. The Commission has been unable to use
   the data sent by the Spanish authorities because of an error in the
   text of the Article which caused it to be wrongly interpreted. This
   should be rectified by redrafting Article 2.
   The attached proposal meets both objectives.
5. The attached draft proposal for a Regulation amending Articles 1 and
   2 of Council Regulation No 1602/92 should therefore be approved.
 ---pagebreak---                                     proposal for a
                      COUNCIL REGULATION (EC) No     /94
                              of
                 amending Council Regulation (EEC) No 1602/92
                 temporarily derogating from implementation of
               Community anti-dumping measures on imports into
               the Canary Islands of certain sensitive products
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 113 thereof,
Having regard to the proposal from the Commission1,
Whereas Council Regulation (EEC) No 1602/922 of 15 June 1992 introduced
special arrangements for the collection of anti-dumping duties on imports
 into the Canary Islands of certain sensitive products; whereas the
arrangements are designed to guarantee supplies of those products under the
best possible conditions; whereas, to avoid any deflection of trade, the
arrangements apply within the limits of fixed annual quantities
corresponding to the volume of domestic consumption;
Whereas it is the responsibility of the competent Spanish authorities to
administer and control the fixed quantities laid down in Regulation
No 1602/92; whereas that responsibility also comprises the collection of
anti-dumping duties on products which were originally exempt from such
duties on import, in the event of their being re-exported;
Whereas the clause referring to controlling end-use does not appear in the
text of Regulation No 1602/92; whereas, in order to ensure that the text is
clear and legally watertight, it should be specifically stated that
exemption from anti-dumping duties is granted only to products destined for
the Canary Islands market and that anti-dumping duties are applicable if
the goods are dispatched to other parts of the Community;
1
2      0J No L 173, 27.6.1992, p. 24.
                                                                            4
 ---pagebreak--- Whereas, under Article 2 of the Regulation, the Spanish authorities are
required to inform the Commission of the volume of goods imported in
exemption from anti-dumping duties or for which duties were only partially
collected; whereas an error in Article 2 caused it to be wrongly
 interpreted with the result that the Commission could not use the data sent
by the Spanish authorities; whereas, if the fixed quantities laid down in
the Regulation are to be properly administered, the Commission must be
regularly informed of their utilization; whereas it is therefore necessary
to rectify the situation by changing the wording of Article 2 of the
Regulation,
HAS ADOPTED THIS REGULATION:
                                  Article 1
Article 1(3) of Council Regulation No 1602/92 of 15 June 1992 is hereby
replaced by Article 1(3) and (4) as follows:
"3. The specific arrangements referred to in paragraphs 1 and 2 shall apply
solely to products intended for the Canary Islands' domestic market.
4. The relevant Spanish authorities shall adopt the provisions necessary to
administer and control the fixed quantities referred to in paragraph 1, and
in particular to see that paragraph 3 is enforced, ensuring the collection
of anti-dumping duties when the products in question are dispatched to
other parts of the customs territory of the Community.
The Spanish authorities shall inform the Commission of such measures at the
earliest opportunity."
 ---pagebreak---                                     Article 2
Article 2(1) of the Regulation referred to in Article 1 above is hereby
amended as follows:
"1. For the products referred to in Article 1, the competent Spanish
authorities shall inform the Commission by the fifteenth day of the month
following each quarter, starting on 15 September 1992, of the volume of
goods imported in exemption from anti-dumping duties or for which duties
were only partially collected during the preceding quarter."
                                   Article 3
This Regulation shall enter into force on the third day following that of
its pub 11 cat ion in the Official Journal of the European Communities.
           This Regulation shall be binding in its entirety and directly
           applicable in all Member States.
Done at Brussels.                             For the Council
                                              The President
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(94); 273 final
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