CELEX: 51989PC0324
Language: en
Date: 1989-07-04
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 2658/87 ON THE TARIFF AND STATISTICAL NOMENCLATURE AND ON THE COMMON CUSTOMS TARIFF

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 C0MC89) 324 final
                                                 Brussels, 4 July 1989
                              Proposal for a
                        COUNCIL REGULATION (EEC)
  amending Regulation (EEC) No 2658/87 on the tariff and statistical
             nomenclature and on the Common Customs Tariff
                      (presented by the Commission)
 ---pagebreak---                                                                          p*s**lk[
                                   EXPLANATORY MEMORANDUM
1.        The purpose oF the attached draft proposal for a Regulation
          Ls to amend the legul !»MSS-. S Régulât inn \'>» ?V;°/07 i .1 order to
          take account of the judicial practice of the Court and, in
          particular, o~ h'n joignent of the Court in Case 275/R7
          (temporary admission J? containers).
2.        In case 288/87, pending before the Court, the Commission
          requested that Council Regulation (EEC) 2658/87 (Combined
          Nomenclature) be declared void due to the fact that the Council,
          at the time of its adoption, inserted an incorrect legal base in
          Article 235.
T
 >.       I;, its judgment relating to Case 275/87 the Court conclusively
          confirmed *:h3 Commission's position in respect of the scope of
          Article 113 EEC in relation to the customs domain.          Following
          I his i|.-i.!i :-ÎIÛ:'I the Council has declared its willingness to delete
          the legal base of Article 235 from Regulation 2658/87 and hence
          enable the Coinnissio.n to discontinue Its action before the
          Court.     To do this a Commission proposal is necessary.       The
          attached draft proposal for a regulation has therefore been
          proposed in order to make the necessary amendments.
4.        The draft rsgulation covered by this Explanatory Memorandum is
          based, amongst others, on Article 43 of the Treaty .in I
          consultation of the European Parliament should be required.
          Nevertheless, given the content of the enclosed change and the
          fact that this does not in any way alter MIM !: xl sj'mi' ' -ci at
          that time to the Parliament and that the proposal only
          re-establishes the status quo prior to the Council's decision to
          insert Article 235, it could be envisaged, with the agreement of
          the Parliament, not to proceed with the consultation in this
          instance.
CONCLUSIONS
5.        To rectify the situation it is proposed that the provisions be
          adopted as soon as possible.
 ---pagebreak---  ---pagebreak---                              Proposal for a
                        COUNCIL REGULATION (EEC)
  amending Regulation (EEC) No 2658/87 on the tariff and statistical
             nomenclature and on the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Articles 28, 43 and 113 thereof,
Having regard to the proposal from the Commission,
Whereas in the light of the recent decision of the Court on the scope of
Articles 28 and 113 of the Treaty it appears that Council Regulation (EEC)
           1
No 2658/87 was adopted on an erroneous legal base since the Council added
to the legal bases proposed by the Commission (Articles 28, 43 and 113 of
the Treaty) Article 235 of the Treaty, requiring a different decision-
making procedure; whereas the Commission consequently referred the matter
to the Court of Justice for proceedings for annulment of the said Regulation;
Whereas in order that the Commission may withdraw its action and to prevent
the act in question being declared void, the reference to Article 235 of the
Treaty as a legal base for Regulation (EEC) No 2658/87 should be deleted,
HAS ADOPTED THIS REGULATION:
                               Article 1
The first citation in Regulation (EEC) No 2658/87 is hereby replaced by the
following:
    "Having regard to the Treaty establishing the European Economic Community,
     and in particular Articles 28, 43 and 113 thereof,".
1
  0J No L 256, 7.9.1987, p. 1.
 ---pagebreak---                                - 2 -
                              Article 2
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities.
It shall apply with effect from 10 September 1987.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,                                           For the CounciI
 ---pagebreak--- Commission of the European Communities
COM(89) 324 final
Proposal for a
COUNCIL REGULATION (EEC)
amending Regulation (EEC) No 2658/87 on the tariff and statistical
nomenclature and on the Common Customs Tariff
(submitted to the Council by the Commission)
4.7.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 — 4 pp. — Format: 21.0 x 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-51847-2
Catalogue number: CB-CO-89-293-EN-C
 ---pagebreak---                                                  ISSN 0254-1475
    COM(89) 324 final
    DOCUMENTS
-&*' ^ o È t û ^ i
    Proposal for a
    COUNCIL REGULATION (EEC)
    amending Regulation (EEC) No 2658/87 on the
    tariff and statistical nomenclature and on the
    Common Customs Tariff
    (submitted to the Council by the Commission)
    02                                          4.7.1989
    Catalogue number: CB-CO-89-293-EN-C
    ISBN 92-77-51847-2
    €
    COMMISSION OF THE EUROPEAN COMMUNITIES