CELEX: 51992PC0109
Language: en
Date: 1992-03-26
Title: Proposal for a COUNCIL REGULATION (EEC) temporarily derogating from implementation of Community anti-dumping measures on imports into the Canary Islands of certain sensitive products

16 . 4 . 92                                Official Journal of the European Communities                              No C 97 / 11
              Proposal for a Council Regulation (EEC) temporarily derogating from implementation of
              Community anti-dumping measures on imports into the Canary Islands of certain sensitive
                                                               products
                                                            (92 /C 97/ 18 )
                                                         COM(92) 109 final
                                          (Submitted by the Commission on 27 March 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             the same authorities provided an additional list of
                                                                      products to be exempted from anti-dumping duty on
                                                                      import ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                     Whereas anti-dumping measures fall within the scope of
thereof,                                                              the common commercial policy; whereas, therefore,
                                                                      temporary derogation from their application to imports
                                                                      of certain products into the Canary Islands is possible
Having regard to the proposal from the Commission,                    under point 7.1 of the Annex to Decision 91 / 314 / EEC
                                                                      referred to above ;
Having regard to the opinion of the European
Parliament,                                                           Whereas the sensitive products which might be covered
                                                                      by the specific measures applied for under point 7.1 of
                                                                      the Annex to Decision 91 /314 /EEC by the competent
Whereas Council Regulation (EEC) No 1911 /91 of                       Spanish authorities should be determined according to
26 June 1991 on the application of the provisions of                  the criteria laid down in that provision and on the basis
Community law to the Canary Islands ('), stipulates inter             of the requests filed ; whereas following case-by-case
alia that as from 1 July 1991 the Canary Islands are to               examination it appears that 10 of those products fall
be an integral part of the Community's customs territory,             within the category of consumer goods for the domestic
that the common customs tariff (CCT) is to be gradually               market, access to which should be allowed through the
introduced and the common commercial policy applies                   specific measures ; whereas none of the other products in
to those islands in line with the conditions laid down for
                                                                      respect of which requests have been filed fulfils the
Spain in the Act of Accession ; whereas, however,                     conditions laid down in the said provision ; whereas the
application of the common commercial policy may in                    measures requested are therefore justified in respect of
particular be subject to derogations, where appropriate,              imports of compact disc players, video cassette recorders,
in respect of certain sensitive products, to accompany the            small-screen colour television receivers , audio and video
gradual introduction of the CCT ;                                     cassettes, electronic typewriters, dot-matrix printers,
                                                                      plain paper photocopiers, car radios and espadrilles, as
Whereas Decision 91 / 314 /EEC of 26 June 1991 setting                detailed in Annex I to this Regulation ;
up a programme of options specific to the remote and
insular nature of the Canary Islands (Poseican) (*)                   Whereas the request from the Spanish authorities
stipulates in particular that at the request, with                    covered the whole of the transitional period from the
supporting documents, of the competent Spanish auth­                  entry into force of Regulation No 1911 /91 (EEC);
orities, specific measures derogating from the common                 whereas for this reason and to ensure continuity during
commercial policy may be considered in respect of                     the said period the specific measures applicable from
certain sensitive products, on a case-by-case basis to take            1 July 1991 should be established ;
account of particular problems in a given sector of local
production intended for local consumption or tourism,                 Whereas the said measures may be adopted to
and/or to allow access for consumer goods such as                     accompany the gradual introduction of the CCT in the
textiles, clothes, optical and electronic equipment or                Canary Islands ; whereas it is therefore appropriate to
means of transport ;                                                  phase out the exemptions, during the transitional period
                                                                      ending on 31 December 2000 provided for under Article
                                                                      6 of Regulation (EEC) No 1911 /91 , by gradually
Whereas in their letters of July 1991 the competent                   applying anti-dumping duties in the Canary Islands, in
Spanish authorities requested exemption from the anti­                step with the introduction of the CCT; whereas the
dumping duties applied to imports of certain consumer                 request from the Spanish authorities to benefit from total
electronic goods originating in certain non-member                    exemption from anti-dumping duties from 1 July 1991 in
countries ; whereas during the examination of the request             respect of the products in question is aimed at ensuring
                                                                      continuity in the way these products are supplied to the
                                                                      Canary Islands ; whereas such a request appears to be
(') OJ No L 171 , 29. 6. 1991 , p. 1 , as amended by Regulation       justified for an initial period ending on 31 December
    (EEC) No 284/92 , OJ No L 31 , 7. 2 . 1992, p. 6.                  1995 ; whereas at the end of this period, intended to
(J) OJ No L 171 , 29 . 6 . 1991 , p. 5 .                              enable operators on the local market to adjust to the new
 ---pagebreak---  No C 97 / 12                            Official Journal of the European Communities                               16 . 4 . 92
 tariff arrangements being introduced in the territory of           2.    Under the specific arrangements :
 the Canary Islands, anti-dumping duties in respect of the
 products in question shall be collected as a percentage of         — from 1 July 1991 to 31 December 1995 full
 the anti-dumping duties payable on those products in the               exemption from anti-dumping duties shall be granted,
 Community, increasing by 20 % a year from 1996 to
 become payable in full at the end of the transitional              — as from 1 January 1996 collection shall be gradually
 period ;                                                               increased in accordance with the details given in
                                                                        Annex II to this Regulation .
 Whereas point 7.2 of the Annex to Decision
 91 / 314 / EEC states that the specific measures adopted in
                                                                    3.    The competent Spanish authorities shall adopt the
                                                                    necessary measures to administer and control the fixed
 derogation from the common commercial policy in                    quantities referred to under 1 above .
 respect of sensitive products must be tailored to the
 Canary Islands' domestic market to avoid any deflection
 of trade ; whereas it is therefore appropriate to establish                                 Article 2
 fixed annual quantities for each product in respect of             1 . For the products referred to in Article 1 , the
which exemption is granted to ensure that the products             competent Spanish authorities shall inform the
 are imported solely to cover domestic demand ; whereas
 the said quantities should be calculated with reference to
                                                                   Commission by the 15th day of each month starting on
 the volume of customary annual consumption on the
                                                                    15 April 1992 of the volume of goods imported in
                                                                   exemption from anti-dumping duties or for which duties
 Islands prior to the entry into force of Regulation (EEC )
 No 1911 / 91 ;
                                                                   were only partially collected during the preceding
                                                                   quarter.
Whereas responsibility for monitoring compliance with              2 . The information sent on 15 April 1992 shall cover
the quantitative limits referred to above should be                all imports of the products concerned having taken place
devolved upon the competent Spanish authorities ;                  since the entry into force of this Regulation.
whereas the latter should be asked, nevertheless , to
inform the Commission at regular intervals ;
                                                                                             Article 3
Whereas the limited validity of the anti-dumping                   Each year the Commission may, at the request of
measures might result in Annex I to this Regulation                the Spanish authorities, review the list of products in
being updated ; whereas provision should be made to                Annex I.
review once a year, at the request of the Spanish auth­
orities , the list of sensitive products in the said Annex ;                                 Article 4
whereas only products already classified as sensitive
under Council Regulation (EEC) No . . . temporarily                When reviewing the list of products in Annex I, the
suspending the autonomous CCT duties on imports of                 Commission shall be assisted by the advisory committee
certain industrial products to the Canary Islands, and on          set up under Article 6 of Regulation (EEC) No 2423 / 88 .
imports of which anti-dumping duties have recently been
imposed should be included ; whereas the fixed annual              The representative of the Commission shall submit to the
quantities for these products shall be calculated with             committee a draft of the measures to be taken . The
reference to the average annual volume of demand on                committee shall deliver its opinion on the draft within a
the Canary Islands before the anti-dumping duties are              time limit which the chairman may lay down according
imposed ; whereas the task of carrying out this periodic           to the urgency of the matter, if necessary by taking a
                                                                   vote .
review should be entrusted to the Commission, assisted
by the advisory comittee set up under Article 6 of Regu­           The opinion shall be recorded in the minutes ; in
lation ( EEC) No 2423 / 88 ('),
                                                                   addition, each Member State shall have the right to ask
                                                                   to have its position recorded in the minutes .
                                                                   The Commission shall take the utmost account of the
HAS ADOPTED THIS REGULATION :                                      opinion delivered by the committee . It shall inform the
                                                                   committee of the manner in which its opinion has been
                                                                   taken into account .
                            Article 1
1 . Imports into the Canary Islands of products listed                                       Article 5
in Annex I to this Regulation shall , within the limits of
the fixed quantities given therein , be subject to specific        This Regulation shall enter into force on the third day
arrangements for the collection of anti-dumping duties .           following its publication in the Official Journal of the
                                                                   European Communities.
                                                                   This Regulation shall be binding in its entirety and
(') OJ No L 209 , 2 . 8 . 1988 , p. 1 .                            directly applicable in all Member States .
 ---pagebreak--- 16. 4. 9 2                               O f f i c i a l Journal ,of the E u r o p e a n C o m m u n i t i e s                            N o C 97/13
                                                                     ANNEX      I
           List of products imported or w h i c h m a y be imported into the Canary Islands within the limits
           of fixed annual quantities, subject to specific arrangements for the collection of a n t i - d u m p i n g
           duties f o r the period 1 July 1991 to 31 D e c e m b e r 2 0 0 0
                                                                                                                Fixed annual quantity (')
                       CN code                                        Product
                                                                                                                         (items)
                         8519 99 10              Compact disc players                                                      17 100
                         8521 10 38             Video cassette recorders                                                   18 400
                         8527 10 71              Small-screen colour television receivers                                  16 000
                               10 73
                               10 75
                               10 78
                         8521 11 00             Audio cassettes                                                        2 000 000
                               12 00            Video cassettes                                                          560 000
                               13 00
                         8469 21 00             Electronic typewriters                                                       8 600
                               29 00
                     ex  8471 92 90             Dot-matrix printers                                                          1 150
                     ex  9009 11 00              Plain paper photocopiers                                                      640
                               12 00
                               21 00
                     ex  6404 19 90             Espadrilles                                                              195 300
                     ex  6405 20 99
                         8527 21 10             Car radios                                                                 52 500
                               21 90
                               29 00
           (') Average for 1989 to 1991 for countries of origin subject to anti-dumping duty.
                                                                    ANNEX      II
           Timetable for the gradual collection of a n t i - d u m p i n g duties payable o n import into the Canary
           Islands of products listed in A n n e x I
                                                                                                 Percentage of rates of anti-dumping
                                                   Period                                       duties applicable on the Community's
                                                                                                               customs territory
               1 July 1991 —     30 June 1992                                                                          0 %
               1 July 1992 —     31 December 1992                                                                     0 °/o
               1 January 1993     — 31 December 1993                                                                   0 %
               1 January 1994     — 31 December 1994                                                                  0 %
               1 January 1995     — 31 December 1995                                                                   0 %
               1 January 1996     — 31 December 1996                                                                 20 %
               1 January 1997     — 31 December 1997                                                                 40 %
               1 January 1998     — 31 December 1998                                                                 60 °/o
               1 January 1999     — 31 December 1999                                                                 80 %
               from 1 Tanuary     2000                                                                              100 %