CELEX: 51988PC0502
Language: en
Date: 1988-09-15
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) TEMPORARILY SUSPENDING IMPORT DUTIES ON CERTAIN WEAPONS AND MILITARY EQUIPMENT

12. 10. 88                             Official Journal of the European Communities                              No C 265/9
               Proposal for a Council Regulation (EEC) temporarily suspending import duties on certain
                                                weapons and military equipment
                                                       COM(88) 502 final
                             (Submitted by the Commission to the Council on 29 September 1988)
                                                         (88/C 265/09)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas it is necessary that the Member States should
                                                                  provide information on the amount of import duties
Having regard to the Treaty establishing the European             foregone as a result of the application of this Regulation,
Economic Community, and in particular Article 28                  having due regard to the requirements of military
thereof,                                                          security;
Having regard to the proposal from the Commission,                Whereas it is necessary to provide procedures for the
                                                                  application of this Regulation;
Having regard       to  the    opinion   of   the   European
Parliament,
                                                                  Whereas it is appropriate that the Commission should
                                                                  make a report on the working of this Regulation after an
Whereas in the Single European Act the High                       initial period,
Contracting Parties expressed their determination to
maintain the technological and industrial conditions
necessary for their security and to work to that end both         HAS ADOPTED THIS REGULATION:
at national level and, where appropriate, within the
framework of the competent institutions and bodies;
                                                                                            Article 1
Whereas the Community is based upon a customs union               1.     This Regulation lays down the conditions for the
which requires the application of a common customs                suspension of import duties on certain weapons and
tariff in relations with third countries;                         military equipment imported from third countries.
Whereas the common customs tariff is designed to
                                                                  2.     Imports of weapons and military equipment not
provide Community manufacturers with a fair basis for
                                                                  covered by this Regulation shall continue to be subject to
competition amongst themselves and with foreign
                                                                  the appropriate duties of the common customs tariff.
suppliers and it is essential that the said tariff be applied
to all imports of goods from third countries unless
specific Community measures provide otherwise;                                              Article 2
                                                                  1.     The autonomous duties of the common customs
Whereas it is in the interests of the defence of the
                                                                  tariff applicable to imports of the goods listed in Annex I
Community as a whole that Member States should be
                                                                  shall be suspended at 0 %.
enabled to procure for the use of their armed forces the
most technologically advanced and suitable weapons and
military equipment and that Community manufacturers               2.     Such duties shall also be suspended at 0 % for:
should be able to meet the greater part of these needs;
whereas it is compatible with the interests of the                (a) parts, components or sub-assemblies imported for
Community that certain of these weapons and equipment                  incorporation in or fitting to goods included in the
may be imported free of import duties; whereas it is                   list in Annex I or for the repair, refurbishment or
appropriate to luspend the charging of import duties on                maintenance of such goods;
such weapons and equipment and to this end a common
list of duty suspensions for weapons and military                 (b) goods imported for use in the manufacture and
equipment should be established; whereas uniform                       testing of goods included in the list in Annex I.
measures are required for the purpose of creating the
single market;
                                                                                            Article 3
Whereas it is necessary to lay down conditions for the            1.     Entry for free circulation of goods for which the
granting of the benefit of the suspension of duties;              benefit of a duty suspension under the provisions of
whereas a declaration by the competent authority of the           Article 2 is claimed shall be accompanied by a certificate
Member State for whose forces the weapons or military             issued by the competent authority of the Member State
equipment are destined would constitute an appropriate            for whose armed forces the goods are destined. The
guarantee that these conditions are fulfilled; whereas the        certificate shall be in the form set out in Annex II and
declaration should be given in the form of a certificate;         shall be submitted to the customs authorities of the
whereas it is appropriate to specify the form which such          importing Member State together with the goods to
certificates must take;                                           which it refers.
 ---pagebreak--- No C 265/10                                 Official Journal of the European Communities                                 12. 10. 88
2.     The competent authority issuing the certificate shall                                       Article 5
notify the customs authorities of its Member State of any
                                                                         1.    The Member States shall communicate to the
diversion of goods from military use to civil use.
                                                                         Commission all relevant information concerning the
                                                                         application of this Regulation.
3.     In case  of )such
           asc ui          diversion, the
                     u u i uivciaiun,  unc competent
                                           cui           authority
shall pay
       pay the
             the import
                 import duties
                           duties applicable
                                   applicable to the goods in            2.    They shall also transmit to the Commission no later
question                                                                 than three months after the end of each calendar year
                                                                         information on the total amount of import duties
                                                                         foregone in respect of goods imported under the
                             Article 4                                   provisions of this Regulation. The information shall be
1.     Each Member State shall communicate to the                        provided in such form as may be necessary to avoid the
Commission the name of the authority which is                            disclosure of military secrets.
competent to issue the certificate referred to in Article 3
together with a specimen of the stamp used by the said                                             Article 6
authority. The Commission shall forward this infor-
                                                                         The Commission shall, on the basis of the information
mation to the customs authorities of the other Member
                                                                         referred to in Article 5, report to the European
States.
                                                                         Parliament and the Council before 31 December 1990 on
                                                                         the operation of this Regulation and shall make such
2.     Each Member State shall take such measures as                     proposals as it may deem appropriate for the period after
may be necefssary for the application of this Regulation.                the expiry of this Regulation.
3.    Where the goods are entered for free circulation                                             Article 7
in a Member State other than that in which the                           This Regulation shall enter into force on 1 January 1989.
certificate was issued, a copy of the certificate shall be
forwarded by the customs authorities of the importing                    It shall apply until 31 December 1991.
Member State to the customs administration of the
Member State whose competent authority issued the                        This Regulation shall be binding in its entirety and
certificate.                                                             directly applicable in all Member States.
                                                               ANNEX I
               LIST OF WEAPONS AND MILITARY EQUIPMENT ON WHICH IMPORT DUTIES ARE
                                                              SUSPENDED
                      CN-code                                              Description
               ex 8710 00 00            Tanks and other armoured fighting vehicles, motorized
                  8802 11 90            Helicopters, of an unladen weight not exceeding 2 000 kg
                  8802 12 90            Helicopters, of an unladen weight exceeding 2 000 kg
                  8802 20 90            Aeroplanes and other aircraft, of an unladen weight not exceeding 2 000 kg
                  8802 30 90            Aeroplanes and other aircraft, of an unladen weight exceeding 2 000 kg but not
                                        exceeding 15 000 kg
                  8802 40 90            Aeroplanes and other aircraft, of an unladen weight exceeding 15 000 kg
               ex 9306 90 10            Bombs, grenades, torpedoes, mines and missiles
 ---pagebreak---  12. 10. 88                                  Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                         N o C 265/11
                                                                      ANNEX      II
                                          CERTIFICATE FROM C O M P E T E N T AUTHORITY
EUROPEAN COMMUNITY
   1. Exporter (Full name and address including country)
                                                                                                                CERTIFICATE
                                                                                                 FOR MILITARY EQUIPMENT
                                                                             No                                                 ORIGINAL
   2. Importer (Full name and address including Member State)                3. ISSUING AUTHORITY (preprinted)
   4. Consignee (Full name and address including Member State)
   NOTES
   A. The original and a copy of this certificate must be presented in support of the entry for free circulation of the goods.
   B. The customs office concerned must keep the copy of this certificate, endorse the original and send it back to the issuing
      authority.
   5. Marks and numbers — Number and kind of packages — General description of goods                                  6. Commodity code
                                                                                                                      7. Quantity (')
   5. Marks and numbers — Number and kind of packages — General description of goods                                  6. Commodity code
                                                                                                                      7. Quantity (')
   5. Marks and numbers — Number and kind of packages — General description of goods                                  6. Commodity code
                                                                                                                      7. Quantity (')
   5. Marks and numbers — Number and kind of packages — General description of goods                                  6. Commodity code
                                                                                                                      7. Quantity
      CUSTOMS ENDORSEMENT:                                                    9. Last day of validity                     Day        Month     Year
      Number and date of entry for free circulation:                         10. This is to certify that the goods described above are for the
                                                                                   exclusive use of the armed forces of               (Member State).
      Name of customs office:
                                                                                   Place and date:
      Place and date:
                                                                                    Signature of authorized person:
      Signature of customs officer:
                                                                                    Stamp:
      Stamp:
(') Gross mass (kg) or number of items.