CELEX: 32011R1386
Language: en
Date: 2011-12-19 00:00:00
Title: Council Regulation (EU) No 1386/2011 of 19 December 2011 temporarily suspending autonomous Common Customs Tariff duties on imports of certain industrial products into the Canary Islands

29.12.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 345/1
            
         COUNCIL REGULATION (EU) No 1386/2011
   of 19 December 2011
   temporarily suspending autonomous Common Customs Tariff duties on imports of certain industrial products into the Canary Islands
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 349 thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national Parliaments,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the opinion of the European Economic and Social Committee (2),
   After consulting the Committee of the Regions,
   Acting in accordance with a special legislative procedure,
   Whereas:
   
               (1)
            
            
               According to Council Regulation (EC) No 704/2002 of 25 March 2002 temporarily suspending autonomous Common Customs Tariff duties on imports of certain industrial products and opening and providing for the administration of autonomous Community tariff quotas on imports of certain fishery products into the Canary Islands (3), the Common Customs Tariff duty suspension for certain capital goods for commercial or industrial use is to expire on 31 December 2011.
            
         
               (2)
            
            
               In September 2010, the government of Spain requested on behalf of the government of the Canary Islands, the prolongation of the suspension of the autonomous Common Customs Tariff duties for a number of products in accordance with Article 349 of the Treaty. The justification of their request was that in view of the remoteness of those islands, the economic operators suffer severe economic and commercial disadvantages which have negative effects on demographic trends, employment and social and economic developments.
            
         
               (3)
            
            
               The Canary Islands industrial sector, together with construction, has been severely affected by the recent economic crisis. The slump in building depressed all the auxiliary industry that depends on it. Unfavourable financial conditions had a serious impact on many areas of business. In addition, the sharp rise in unemployment in Spain aggravated the slump in domestic demand, including demand for industrial products.
            
         
               (4)
            
            
               Unemployment in the Canary Islands has been consistently exceeding the national average for Spain for the last 10 years and, since 2009, the Canary Islands have recorded the highest level throughout the country (Eurostat: Regional statistics — Unemployment rate, by NUTS 2 regions, 1999-2009). Moreover, more than half of the industrial production of the Canary Islands is consumed there, which is particularly serious since demand there has been hit harder.
            
         
               (5)
            
            
               Therefore, with the aim of giving a long-term perspective to investors and enabling economic operators to reach a level of industrial and commercial activities which stabilises the economic and social environment on the Canary Islands, it is appropriate to prolong in full the suspension of the Common Customs Tariff duties for certain goods as detailed in Annex II and Annex III to Regulation (EC) No 704/2002 for a period of 10 years.
            
         
               (6)
            
            
               In addition, in the same context the Spanish authorities have requested the suspension of the Common Customs Tariff duties for three new products falling within CN codes 3902 10, 3903 11 and 3906 10. This request was accepted as these suspensions would strengthen the economy of the Canary Islands.
            
         
               (7)
            
            
               In order to ensure that only economic operators located on the territory of the Canary Islands benefit from those tariff measures, the suspensions should be made conditional on the end-use of the products, in accordance with Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (4) and Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (5).
            
         
               (8)
            
            
               In case of a deflection of trade and in order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission allowing the Commission to temporarily withdraw the suspension. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (6).
            
         
               (9)
            
            
               Amendments to the Combined Nomenclature may not give rise to any substantive changes to the nature of the suspension of duties. The power to adopt acts in accordance with Article 290 of the Treaty should therefore be delegated to the Commission for the purpose of making necessary amendments and technical adaptations to the list of goods for which a suspension applies. The Commission, when preparing and drawing up delegated acts, should ensure a timely and appropriate transmission of relevant documents to the Council.
            
         
               (10)
            
            
               In order to ensure continuity with the measures set out in Regulation (EC) No 704/2002, it is necessary to apply the measures provided in this Regulation from 1 January 2012,
            
         HAS ADOPTED THIS REGULATION:
   Article 1
   From 1 January 2012 to 31 December 2021, the Common Customs Tariff duties applicable to imports into the Canary Islands of capital goods for commercial or industrial use falling under the CN codes listed in Annex I shall be suspended in full.
   Those goods shall be used in accordance with the relevant provisions of Regulation (EEC) No 2913/92 and of Regulation (EEC) No 2454/93 for a period of at least 24 months after the release into free circulation by economic operators located in the Canary Islands.
   Article 2
   From 1 January 2012 to 31 December 2021, the Common Customs Tariff duties applicable to imports into the Canary Islands of raw materials, parts and components falling under the CN codes listed in Annex II and used for industrial transformation or maintenance in the Canary Islands, shall be suspended in full.
   Article 3
   The suspension of duties referred to in Articles 1 and 2 shall be subject to end-use in accordance with Articles 21 and 82 of Regulation (EEC) No 2913/92 and to the controls provided for in Articles 291 to 300 of Regulation (EEC) No 2454/93.
   Article 4
   1.   Where the Commission has reasons to believe that the suspensions laid down in this Regulation have led to a deflection of trade for a specific product, it may adopt implementing acts, temporarily withdrawing the suspension for a period not longer than 12 months. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8.
   Import duties for products for which the suspension has been temporarily withdrawn shall be secured by a guarantee, and the release of the products concerned for free circulation in the Canary Islands shall be conditional upon the provision of such guarantee.
   2.   When the Council decides, in accordance with the procedure laid down in the Treaty, within a 12-month period, that the suspension should definitively be withdrawn, the amounts of duties secured by guarantees shall be collected definitively.
   3.   If no definitive decision has been adopted within the 12-month period in accordance with paragraph 2, the securities shall be released.
   Article 5
   The Commission shall be empowered to adopt delegated acts in accordance with Article 6 concerning amendments and technical adaptations to Annexes I and II as are required as a consequence of amendments to the Combined Nomenclature.
   Article 6
   1.   The power to adopt the delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
   2.   The power to adopt the delegated acts referred to in Article 5 shall be conferred on the Commission for an indeterminate period of time as from 1 January 2012.
   3.   The delegation of power referred to in Article 5 may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
   4.   As soon as it adopts a delegated act, the Commission shall notify it to the Council.
   5.   A delegated act adopted pursuant to Article 5 shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object.
   Article 7
   The European Parliament shall be informed of the adoption of delegated acts by the Commission, of any objection formulated to them, or of the revocation of the delegation of powers by the Council.
   Article 8
   1.   The Commission shall be assisted by the Customs Code Committee, established by Article 247a(1) of Regulation (EEC) No 2913/92. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
   2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
   Article 9
   This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2012.
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 December 2011.
      
         
            For the Council
         
         
            The President
         
         M. KOROLEC
      
   
   
      (1)  Opinion of 15 November 2011 (not yet published in the Official Journal).
   
      (2)  Opinion of 22 September 2011 (not yet published in the Official Journal).
   
      (3)  OJ L 111, 26.4.2002, p. 1.
   
      (4)  OJ L 302, 19.10.1992, p. 1.
   
      (5)  OJ L 253, 11.10.1993, p. 1.
   
      (6)  OJ L 55, 28.2.2011, p. 13.
   
      ANNEX I
      
         Capital goods for commercial or industrial use falling within CN codes
          (1)
      
      
                  4011 20
               
               
                  8450 20
               
               
                  8522 90 80
               
               
                  9006 53 80
               
            
                  4011 30
               
               
                  8450 90
               
               
                  8523 21
               
               
                  9006 59
               
            
                  4011 61
               
               
                  8469 00 91
               
               
                   
               
               
                  9007 10
               
            
                  4011 62
               
               
                  8472
               
               
                  8523 29 39
               
               
                  9007 20
               
            
                  4011 63
               
               
                   
               
               
                  8523 29 90
               
               
                  9008 50
               
            
                  4011 69
               
               
                   
               
               
                  8523 49 99
               
               
                   
               
            
                  4011 92
               
               
                   
               
               
                  8523 51 99
               
               
                   
               
            
                  4011 93
               
               
                  8473
               
               
                  8523 59 99
               
               
                   
               
            
                  4011 94
               
               
                   
               
               
                  8523 80 99
               
               
                   
               
            
                  4011 99
               
               
                  8501
               
               
                  8525 50
               
               
                  9010 10
               
            
                  5608
               
               
                   
               
               
                  8525 80 11
               
               
                  9010 50
               
            
                  6403 40
               
               
                   
               
               
                  8525 80 19
               
               
                  9011
               
            
                  6403 51 05
               
               
                   
               
               
                  8526
               
               
                   
               
            
                  6403 59 05
               
               
                   
               
               
                   
               
               
                   
               
            
                  6403 91 05
               
               
                   
               
               
                   
               
               
                   
               
            
                  6403 99 05
               
               
                   
               
               
                   
               
               
                  9012
               
            
                  8415
               
               
                   
               
               
                   
               
               
                   
               
            
                   
               
               
                   
               
               
                   
               
               
                  9030 10
               
            
                   
               
               
                   
               
               
                  8701
               
               
                   
               
            
                   
               
               
                   
               
               
                   
               
               
                  9030 31
               
            
                   
               
               
                   
               
               
                   
               
               
                  9030 33
               
            
                   
               
               
                   
               
               
                  8702
               
               
                  9106
               
            
                   
               
               
                   
               
               
                  8704 21 31
               
               
                  9107
               
            
                  8418 30 80
               
               
                   
               
               
                  8704 21 39
               
               
                  9207
               
            
                  8418 40 80
               
               
                   
               
               
                  8704 21 91
               
               
                   
               
            
                  8418 50
               
               
                   
               
               
                  8704 21 99
               
               
                  9506 91 90
               
            
                  8418 61
               
               
                   
               
               
                  8704 22
               
               
                  9507 10
               
            
                  8418 69
               
               
                   
               
               
                  8704 23
               
               
                  9507 20 90
               
            
                  8418 91
               
               
                   
               
               
                  8704 31 31
               
               
                  9507 30
               
            
                  8418 99
               
               
                   
               
               
                  8704 31 39
               
               
                   
               
            
                  8427
               
               
                   
               
               
                  8704 31 91
               
               
                   
               
            
                  8431 20
               
               
                   
               
               
                  8704 31 99
               
               
                   
               
            
                  8443 31
               
               
                   
               
               
                   
               
               
                   
               
            
                   
               
               
                   
               
               
                  8704 32
               
               
                   
               
            
                  8443 32
               
               
                  8518 40 30
               
               
                  8704 90
               
               
                   
               
            
                  8443 39 10
               
               
                   
               
               
                   
               
               
                   
               
            
                  8443 39 39
               
               
                  8518 90
               
               
                  8705
               
               
                   
               
            
                   
               
               
                  8519 20
               
               
                  9006 10
               
               
                   
               
            
                  8450 11 90
               
               
                  8519 81 51
               
               
                   
               
               
                   
               
            
                  8450 12
               
               
                  8521 10 95
               
               
                  9006 30
               
               
                   
               
            
                  8450 19
               
               
                  8522 90 49
               
               
                  9006 52
               
               
                   
               
            
         (1)  As defined in Commission Implementing Regulation (EU) No 1006/2011 of 27 September 2011 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 282, 28.10.2011, p. 1).
   
   
      ANNEX II
      
         Raw materials, parts and components used for agricultural purposes, industrial transformation or maintenance falling within CN codes
          (1)
      
      
                  3901
               
               
                   
               
               
                  5501
               
               
                   
               
            
                  3902 10
               
               
                   
               
               
                  5502
               
               
                   
               
            
                  3903 11
               
               
                   
               
               
                  5503
               
               
                  8706
               
            
                  3904 10
               
               
                   
               
               
                  5504
               
               
                  8707
               
            
                  3906 10
               
               
                   
               
               
                  5505
               
               
                  8708
               
            
                  4407 21
               
               
                   
               
               
                   
               
               
                  8714
               
            
                   
               
               
                   
               
               
                  5506
               
               
                   
               
            
                  4407 22
               
               
                   
               
               
                  5507
               
               
                   
               
            
                   
               
               
                  5108
               
               
                  5508 10 10
               
               
                   
               
            
                  4407 25
               
               
                  5110
               
               
                  5508 20 10
               
               
                   
               
            
                   
               
               
                  5111
               
               
                  5509
               
               
                   
               
            
                   
               
               
                   
               
               
                  5510
               
               
                   
               
            
                  4407 26
               
               
                   
               
               
                  5512
               
               
                   
               
            
                   
               
               
                   
               
               
                  5513
               
               
                   
               
            
                   
               
               
                   
               
               
                  5514
               
               
                  9002 90
               
            
                  4407 29
               
               
                   
               
               
                  5515
               
               
                  9006 91
               
            
                   
               
               
                   
               
               
                  5516
               
               
                  9007 91
               
            
                   
               
               
                   
               
               
                  6001
               
               
                  9007 92
               
            
                   
               
               
                   
               
               
                  6002
               
               
                  9008 90
               
            
                   
               
               
                  5112
               
               
                   
               
               
                  9010 90
               
            
                   
               
               
                   
               
               
                  6217 90
               
               
                  9104
               
            
                  4407 99
               
               
                   
               
               
                  6305
               
               
                  9108
               
            
                  4410
               
               
                   
               
               
                   
               
               
                  9109
               
            
                  4412
               
               
                   
               
               
                   
               
               
                   
               
            
                   
               
               
                  5205
               
               
                   
               
               
                   
               
            
                   
               
               
                  5208
               
               
                   
               
               
                  9110
               
            
                   
               
               
                  5209
               
               
                   
               
               
                   
               
            
                   
               
               
                  5210
               
               
                   
               
               
                   
               
            
                   
               
               
                  5212
               
               
                  6309
               
               
                   
               
            
                   
               
               
                  5401 10 12
               
               
                  6406
               
               
                   
               
            
                   
               
               
                  5401 10 14
               
               
                  7601
               
               
                  9111
               
            
                   
               
               
                  5401 20 10
               
               
                   
               
               
                  9112
               
            
                   
               
               
                  5402
               
               
                  8529 10 80
               
               
                  9114
               
            
                   
               
               
                  5403
               
               
                  8529 10 95
               
               
                   
               
            
                   
               
               
                  5404 11
               
               
                  8529 90
               
               
                   
               
            
                   
               
               
                  5404 90
               
               
                   
               
               
                   
               
            
                   
               
               
                  5407
               
               
                   
               
               
                   
               
            
                   
               
               
                  5408
               
               
                   
               
               
                   
               
            
         (1)  As defined in Commission Implementing Regulation (EU) No 1006/2011 of 27 September 2011 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 282, 28.10.2011, p. 1).