CELEX: 51992PC0112
Language: en
Date: 1992-03-26
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 2504/88 on free zones and free warehouses

No C 97 / 14                                Official Journal of the European Communities                                   16 . 4 . 92
             Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 2504/88 on free
                                                       zones and free warehouses
                                                             (92 / C 97/ 19)
                                                          COM(92) 112 final
                                           (Submitted by the Commission on 27 March 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               the application of this amendment extended to the
                                                                        overseas departments, which share the outlying character
Having regard to the Treaty establishing the European                   of the above territories,
Economic Community and in particular Article 113
thereof,                                                                HAS ADOPTED THIS REGULATION :
Having regard to the proposal from the Commission,
                                                                                                   Article 1
Having regard to the opinion of the European
Parliament,                                                             In Article 8 (b) of Regulation (EEC) No 2504/ 88 , the
                                                                        second and third subparagraphs are replaced by the
Whereas Article 8 (b) of Council Regulation (EEC) No                    following :
2504/ 88 of 25 July 1988 on free zones and free ware­
houses (') provides that processing operations within a                      'By way of derogation from the first subparagraph,
free zone shall be carried out in accordance with Council                    processing operations within the territory of the Old
Regulation (EEC) No 1999/ 85 of 16 July 1985 on                              Free Port of Hamburg, the free zones of the Canary
inward-processing relief arrangements (2) ; whereas                          Islands,  the Azores,      Madeira   or the   overseas
Article 5 of that Regulation provides that an inward­                        departments shall not be subject to the economic
processing authorization may be accorded only where                          conditions laid down in the inward processing
the essential interests of Community producers are not                       arrangements .
affected and the economic conditions attached to the
authorization of the said arrangements have therefore                        However, with regard to the Old Free Port of
been respected ;                                                             Hamburg, if conditions of competition in a specific
                                                                             economic sector in the Community are affected as a
Whereas point 8 of the Annex to Decision 91 /314/EEC                         result of this derogation, the Council, acting by a
of 26 June 1991 setting up a programme of options                            qualified majority on a proposal from the
specific to the remote and insular nature of the Canary                      Commission,     shall   decide   that  the   economic
Islands (Poseican) (3) provides that inward-processing                       conditions laid down for the Community with regard
operations carried out in the Canary Islands' free zones                     to inward processing shall apply to the corresponding
will not be subject to the economic conditions attaching                     economic activity within the territory of the Old Free
to these arrangements ; whereas similar provisions are                       Port of Hamburg.'
made in point 11 to the Annex to Decision 91 /315/EEC
of 26 June 1991 setting up a programme of options                                                  Article 2
specific to the remote and insular nature of the Azores
and Madeira (Poseima) (4); whereas Regulation (EEC)                     This Regulation shall enter into force on the third day
No 2504 / 88 should therefore be amended accordingly,                   following its publication in the Official Journal of the
and the application of this amendment extended to the                   European Communities.
overseas departments, which share the outlying character
of the above territories , whereas Regulation (EEC) No                  This Regulation shall be binding in its entirety and
2504/ 88 should therefore be amended accordingly, and                   directly applicable in all Member States .
(l ) OJ No L 225 ,  15 . 8. 1988 , p. 8.
O    OJ No L  188 , 20 . 7. 1985 , p. 1.
O    OJ No L  171 , 29 . 6. 1991 , p. 5.
(4)  OJ No L  171 , 29 . 6. 1991 , p. 10 .