CELEX: 51990PC0489
Language: en
Date: 1990-10-19
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING COUNCIL REGULATION ( EEC ) NO 2658/87 ON THE TARIFF AND STATISTICAL NOMENCLATURE AND ON THE COMMON CUSTOMS TARIFF AS REGARDS THE RATE OF DUTY APPLICABLE TO GAS OIL OF SUBHEADING 2710 00 69

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          C0MC90) 489 final
                                                          Brussels, 19 October 1990
                                           Proposal for a
                                      COUNCIL REGULATION (EEC)
                 amending Council Regulation (EEC) No 2658/87 on the tariff    and
                            statistical nomenclature and on the Common
                              Customs Tariff as regards the rate of
                                  duty applicable to gas oil of
                                       subheading 2710 00 69
                                   (presented by the Commission)
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 ---pagebreak---                     EXPLANATORY MEMORANDUM
          Import into the Community of gas oil
1.  In order to ensure the uniform and correct application of
    the Common Customs Tariff, the Commission adopted in
    February 1990 a Regulation (EEC) No 313/90 on
    classification of gas oil which is imported and submitted
    to a vacuum distillation process (1). The duty rate
    currently applicable to the tariff heading in question is
    3,5 %.
2.  The Regulation confirmed the classification practice in
    10 of the 12 Member States. The remaining two Member
    States had been classifying the gas oil in a duty free
    tariff heading and the Regulation was necessary in order
    to restore equal conditions of competition in the
    Community.
3.  Gas oil from most sources is duty free under GSP or other
    preferential regimes and in practice, only imports from
    the USSR would have been subject to duty. Following
    representations from the Soviet government and in
    accordance with a proposal from the Commission the
    Council adopted a zero duty tariff quota of 3,5 mio tons
    of low sulphur gas oil for 1990 under Regulation (EEC) No
    1054/90 (2). This Regulation expires on 31 December
    1990.
4.  In order to introduce a more permanent solution for the
    problem it is now proposed to suspend the duties in
    respect of low sulphur (i.e. sulphur content not
    exceeding 0.2 % by weight) gas oil by means of a suitable
    footnote in the Common Customs Tariff. Other gas oils
    (i.e. where the sulphur content exceed 0.2 % by weight)
    remain liable to the 3.5 % duty rate.
5.  It is proposed that this amendment enter into force on 1
    January 1991 and it is therefore suggested that the
    measure be adopted in advance of that date in order to
    avoid any practical problems of application.
(1) Regulation 313/90 of 5.2.1990, OJ No L 35, 7.2.1990
(2) Regulation 1054/90 of 28.4.1990, OJ No L 108, 28.4.1990
 ---pagebreak---            Proposal for a Council Regulation (EEC) No
           i                   of
      amending Council Regulation (EEC) No 2658/87 on the
     tariff and statistical nomenclature and on the Common
           Customs Tariff as regards the rate of duty
         applicable to gas oil of subheading 2710 00 69
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 28 thereof,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) No 2658/87 of 23 July 1987 on
the tariff and statistical nomenclature and on the Common
Customs Tariff (1) as last amended by Regulation (EEC) No
         (2) provides for a conventional duty rate of 5 % for
gas oil falling under CN code 2710 00 69 ;
Whereas production in the Community of gasoil is
insufficient ; whereas, consequently, Community supplies of a
product of this type depends to a considerable extent on
imports from third countries ;
Whereas currently the autonomous duty rate on all gas oil has
been suspended to 3.5 % for an indefinite period ;
Whereas Council Regulation (EEC) No 1054/90 of 25 April 1990
(3) opened and provided for the administration of an
autonomous tariff quota for gas oil of a sulphur content not
exceeding 0,2 % by weight, whereas this quota expires on 31
December 199 0 and should be replaced by a more permanent
measure, in the form of a tariff suspension for an indefinite
period.
(1)  OJ No L 256, 7.9.1987, p. 1
(2)  OJ No L
 (3) OJ No L 108, 28.4.1990, p. '
 ---pagebreak--- HAS ADOPTED THIS REGULATION :
                           Article 1
Regulation (EEC) No 2658/87 is amended as follows : The
footnote relating to subheading 2710 00 69 is replaced by the
following text :
"Duty rate reduced to zero (suspension) for an indefinite
period for gas oil having a sulphur content not exceeding
0.2 % by weight. For gas oil having a sulphur content greater
than 0.2 % by weight the duty rate is suspended to 3.5 % for
an indefinite period."
                           Article 2
This Regulation shall enter into force on 1 January 1991.
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(90) 489 final
                                                      DOCUMENTS
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                                                               ISBN 92-77-64815-5
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