CELEX: 51978PC0349
Language: en
Date: 1978-07-20
Title: Draft COUNCIL REGULATION amending Regulation (EEC) No 1798/75 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 349
Vol. 1978/0133
 ---pagebreak--- Disclaimer
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(78)349 final
                                                      Brussels . 20 July 1978 .
                                    Draft
                              COUNCIL REGULATION
              amending          Regulation (EEC ) Ho 1798/75 on
              the importation free of Common Customs Tariff
              duties of educational , scientific and cultural
                                   mate riais
                     ( submitted to the Council by the Commission )
C0M(78 ) 349 final
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
           The Agreement on the importation of educational , scientific and
cultural materials, adopted by the General Conference of UNESCO at its fifth''
session, held in Florence in July 1950, provides for the granting , under cer­
tain Conditions , of duty-free entry for a number of articles ( including arti­
cles for the blind ) which serve as a medium for the free exchange of ideas
and knowledge .
           These provisions are currently included in Council Regulation ( EEC )
No 1798/ 75 of 10 July 1975 . on the importation free of Common Customs Tariff
duties of educational , scientific and cultural materials ( 1 ).
           At its nineteenth session, held in Nairobi in November 197(3 , the
General Conference of UNESCO adopted a protocol to the Florence Agreement
                           I
which extends the relief from customs duties provided for in that Agreement -
to other educational , scientific and cultural materials .
           Under point 14(a ) of Title VIII of the Protocol , the European Eco­
nomic Community has been admitted as a contracting party to the Protocol
provided that all the Member States constituting it are also parties thereto .
           On                        , the Council , on a proposal from the Com­
mission, decided to conclude this Protocol on behalf of the Community ( 2 >.
           The purpose of this proposal for a regulation is therefore to give
effec't at Community level to the provisions of this Protocol with the excep­
tion of those contained in Annex E ( ii ) thereto on the importation of materials
specially designed for the education, employment and social advancement of
physically or mentally handicapped persons , which are dealt with in a sepa­
rate proposal ( 3 ) .
( 1 ) 0J No L 184, 15.7.1975 , p. 1
( 2 ) 0J No
( 3 ) OJ No
 ---pagebreak---            In giving effect at Community level to the provisions of this Pro­
tocol , due regard must be had for the reservation expressed by the European
Economic Community when signing the Protocol with regard to relief from cus­
toms duties . The result of these reservations as they affect relief from
customs duties is that the European Economic Community :           .
            i ) is bound by Annex C.1 to the Protocol only as regards those con
                tracting states that have accepted it themselves ;
           ii ) is not bound by Annexes F , 6 or H to the Protocol .
           The measures contained in this proposal take account of all these
provisions . They are given effect by the substitution of new annexes for the
present annexes to Regulation ( EEC ) No 1798/ 75 .
     1 "
           Since this proposal is based on Article 28 of the EEC Treaty , it
would . not normally require the opinion of the European Parliament . In view
of the subject of the proposal , however , the Commission considers it desi­
rable to seek the opinion of the European Parliament as well as that of the
Economic and Social Committee .
 ---pagebreak---                                                     Draft
                                               Council Regulation
                           amending             Regulation ( EEC ) No 1798/ 75 on
                           the importation free of Common Customs Tariff
                           duties of educational , scientific and cultural
                                                    matenals
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 draft Regulation submitted by the Commission ,
Having regard to the Opinion of the European Parliament ^                      ,
Having regard to the Opinion of the Economic and Social Committee ,
Whereas the Council , in its Regulation ( EEC ) No 1798/ 75 of 10 July 1975 ( 1 ),
 laid-down the conditions governing the importation free of Common Customs                 '
Tariff duties of educational , scientific and cultural materials ;
        Ί       * II                 -     · .           1
 Whereas, the pfovisions of this Regulation are essentially based on those
of                      the Agreement on the importation of educational , scientific
 and cultural materials drawn up under the auspices of the United Nations
 Educational , Scientific and Cultural Organization ( UNESCO ) ;
 Whereas on 26 November 1976 the nineteenth General Conference of UNESCO
 adopted a Protocol to that Agreement with a view to extending relief from customs
 duties to certain products hitherto excluded from such relief ; whereas the
 European Economic Community and its Member States are contracting parties
 to that; Protpcol ;                                          i ,,                     . ;
        *          i« -      •                    .           - -                . _ •
        •V         II                    '                ,•                       .
  ( 1 > pj I No L 1 184 , 15.7 . 1975 , p » 1                 ¡ ,¡
         Π            ,                                           · <
    λ.    ,                      ,
        Π   ^ '      Λ   \                                       \    *
                                                                      ί
        *   ρ        »  *      .                            ;
 ---pagebreak--- Whereas it is necessary to amend Regulation ( EEC ) No 1798/ 75 in order to
take account of the provisions of that Protocol ,
          ι                                         :
HAS ADOPTED THIS REGULATION :
                                              Article 1          ,                  -
 Regulation ( EEC ) No 1798/ 75 is amended as follows :
 1 . Article 3 is replaced by the following :
" 1 . Scientific instruments and apparatus not inclufied in Article 2 imported
       exclusively for non-commercial purposes may be admitted free of Common
       Customs Tariff duties provided :
       ( a ) they are intended for :
         .n .                                                • •
           ^ - either public establishments principally engaged in education or
                       scientific research, including those departments of public esta-
           n           blishments which are principally engaged in education or scienti­
                       fic research ;     .
                    - or private scientific or educational establishments authorized
                       by the competent * authorities of the Member States to receive ar­
                       ticles duty-free
            «   ri                    ,
       and provided :
       ( b ) instruments or apparatus of equivalent scientific value are not
                                                                                           X
            n being manufactured in the Community . \
              I                                                                   .
   2 . The duty-free' admission referred to in paragraph 1 shall be applicable .
                 >-                         -                                         .  .
       to :                                                                             "
                          i                                .       ■
        ( a ) spare parts , components or accessories specifically matching scien­
                     tific instruments or apparatus , provided that these spare parts ,
                     components or accessories are imported at the same time as such
                     instruments and apparatus , or , if imported subsequently, that they
                     are identifiable as intended for instruments or apparatus previously
                     admitted duty-free or entitled to duty-free entry ;
 ---pagebreak---    ( b ) tools to be used for the maintenance / checking , gauging or repair
           of scientific instruments or apparatus , provided that :
          - these tools are imported at the same time as such instruments and
             apparatus or , if imported subsequently , that they are identifiable
             as intended for the specific instruments or apparatus previously
             admitted duty-free or entitled to duty-free entry , and further
             provided that
     I .
           - tools of equivalent scientific value are not being manufactured
             in the Community .
  For the purposes of this Article :
 - " equivalent scientific value" shall be assessed by comparing the cha­
     racteristics and specifications of the instrument , apparatus , or , tool
     for which- application is made for the exemption referred to in Article 4
     with those of the corresponding instrument , apparatus , or tool manufac­
     tured in the Community to determine . whether the latter could be used
     for the, same scientific purposes as those for which the instrument /
     apparatus or tool for which the application for exemption . is intended      \
     and whether its performance would be comparable to that expected of the
      latter ;
  - a scientific instrument or apparatus - or one of the tools referred
     to in paragraph 2 ( b ) - shall be regarded as being manufactured in the
      Community where its delivery period from the time of the order is not ,
     account being taken of commercial practices in the manufacturing sector
     Γ*  Ρ
      under consideration , appreciably longer than the delivery period of the
ν    4            .,
      instrument , apparatus , or tool for which application is made for the
      exemption referred to in Article 4, or where this period does not exceed
     *   P                                  , rI
     the latter to such an extent that the intended purpose or use for which
      1  ~     - -                            t
     the instrument or apparatus wasi initially intended would be appreciably
     affected thereby".
      ad
 ---pagebreak---   2 . The third subparagraph of Article 6C2 ) is hereby repealed .
  3 . A new Article 6 a is added as follows :
                            " 'The second paragraph of Article 4 and of Articles 5 and
      6 shall apply , mutatis mutandis , to the tools referred to in Article 3(2 ) ( b )
  4 . Annex I is replaced by Annex I to this Requlation .
           Ί ' ι    ,
. 5 . Annex II is replaced , by Annex II to this Requlation .
  '    /   H f   ' :      '  -   . ;
                                           Article 2
                         This Regulation shall enter into force on 1 January 1979 .
                         This Regulation shall be binding in its entirety and directly
     applicable in all Member States .
     Done at Brussels .                           For . the Council .
                      < T
 ---pagebreak---                               -•
                                     ANNEX I
A. Books , publications and documents
     CCT
   heading                            Description
     No
 ex 49.03           Children 's picture books and painting books
                   - Children 's drawing and painting books
    49.11          Other printed matter , including printed pictures and
                   photographs :
                   ex B others :
                   - loose illustrations and reproduction proofs or repro­
                      duction films to be used for the production of books ,
                      including microforms of such articles ( 1 )
                   - microforms of books , children 's drawing or painting
                      books , school exercise books ( workbooks ), crossword
                      puzzle books , and printed documents or reports of a
                      non-commercial character ( 1 )
                    - bibliographical information material for distribution
                      free of charge ( 1 )    n
                    - meterological and geophysical diagrams               '
                    - posters for the promotion of tourism and tourist publi­
                      cations , ( brochures , guidebooks , timetables , pamphlets
                      and like publications),' whether or not illustrated , in­
                      cluding those published by private concerns , designed
                      to encourage the public to travel outside the territory
                      of the European Communities ( 1 )
                    - publications designed to encourage the public to study
                      outside the territory' of the European Communities ( 1 )
                                                              • • •/ • • •
 ---pagebreak---                                               - 2 -                      Annex I
    ex- 90.21                Instruments , apparatus or modets , designed solely for de-
                             m'onst rational purposes ( for example - in education or exhi­
                             bition ). unsuitable for other uses :
                             - maps and charts in relief - of interest in scientific
                               fields such as geology ; zoology , botany , mineralogy ,
                               palaeontology , archaeology , ethnology , meteorology , clima­
                               tology , hydrography and geophysics .
                     i                                .
( 11 The exemption shall not , however , apply to articles in which the adver­
       tising matter covers more than 25% of the surface . In the case of publi­
       cations and posters for the promotion of tourism , this percentage applies
       only to private commercial publicity .
      ■ c : ■          ' 1 .     .                ■ .
  B . Visual and auditory materials
       NS : Exemption from import duties applicable to the goods listed below
             shall be granted in request of products originating in third coun­
             tries which have accepted Annex C.1 to the Protocol to the Agree­
             ment on the importation of educational , scientific and cultural
             materia Is .
          .   In the case of goods falling within tariff headingd 37.04 A II ,
          n '37.05 ^ 37.07 8 II or 92.12 B II , however , exemption from import
          A"      «•
          ^ duties shall be granted to goods irrespective of the country of
         v origin, provided that they are of an educational , scientific or
              cultural character and have been produced by the United Nations
          Z   or any of its Specialized Agencies .
                                                        I r
                                                        1 r
                                                                       • •/ • m
 ---pagebreak---                                         - 3 -                   Annex I
        CCT
     heading                              Description
       No
    37.04             Sensitised plates and film , exposed but not developed ,
                      negative or positive :                            ' ' <•
                      A. Cinematograph film :
                          II . Other positives ( 1 )
    37.05             Plates , unperforated film and perforated film ( other
                      than cinematograph film ), exposed and developed , negative
                      or positive ( 1 )
    37.07             Cinematograph film , exposed and developed , whether or
                      not incorporating sound track or consisting only of sound
                      track , negative or positive :
                      B. Other :
                          II . Other positives ( 1 )
    49.11      !      Other printed matter , including printed pictures and pho­
                      tographs :
                      ex B. Other :
                      - microcards or other information storage media required
                         in compuerized information and documentation , services
                 I    - materials for programmed instruction, including mate­
                         rials in kit form, with the corresponding printed ma-
                         tenais
                                                       • • •/ • • «
( 1 ) see note after table on page 4
 ---pagebreak---                                           _ L -                 Annex I
   ex 90.21             • Instruments , apparatus or models , designed solely for
                          demonstrational purposes ( for .example , in education or
                          exhibition ), unsuitable for other uses :
                          - Patterns , models and wall charts of an educational ,
                             scientific or cultural character except toy    models .
                          - mock-ups or visualizations of abstract concepts sueh
                            as molecular structures or mathematical formulae :
       92.12              Gramophone records and other sound or similar recordings ;
                          matrices for the production of records , prepared record
                        )
                          blanks , firlm for mechanical sound recording , prepared
                          tapes , wires , strips and like articles of a kind common­
                          ly used for sound or similar recording :
                          B. Recorded ( 1 )
       97.04              Equipment for parlour , table and funfair games for
                          adults or children ( including billiard tables and print-
                          ables and table-tennis requisites ) : •     , . ■
                          ex 0 Others :
                          - multi-media kits
( 1 ) The exemption shall not , however apply to :
      - visual and auditory recordings ( with the exception of materials for
          the promotion of even those produced by private concerns , designed to
          encourage the public to travel outside the territory of the European
          Communities ) produced by or for private commercial enterprise , essen­
          tially for advertising purposes ;                                       . \
      - visual and auditory recordings in which the advertising matter is in
          excess of 25 per' cent by time . In the case of the materials for the
          promotion of tourism ( including those produced by private concerns ),
        - this percentage applies only to private commercial publicity .
 ---pagebreak---                                               ANNEX II
A. Visual and auditory materials Of an educational , scientific or cultural
       character
   ' NB : Exemption from import-duties applicable                 to the goods listed below
                   shall be granted in respect of products;       originating in third coun­
                   tries which have not accepted Annex €.1        to the Protocol to the Agree­
                   ment on the importation of educational ,       scientific and cultural ma-'
                   terials .
            CCT                                                                Beneficiary
       heading                          Description                            establishment or
           No
                                                                      j        organization
                                                                      I
        37.04                Sensitised plates and film , ex-               All organizations ( includ-
                             posed but not developed, negative              ing broadcasting and tele-
                             or positive :                                  vision organizations ), in-
                   ι
                                                                            stitutions or associations
                             A. Cmematograph film :
                                ex II . Other positives , of an             approved by the competent
                                                                            authorities of the Member
     >  ,        I                       educational , scientific
                                         or cultural character              States for the purpose of
                                                                            duty-free admission of
                                                                            these types of goods
k?x     37.05                Plates , unperforforated film and              Idem
            ri
           i •
           r.
                             perforated film ( other than cine-
                             matograph film), exposed and de- I
                             veloped, negative or positive,
                             of an educational , scientific or              «
                             cultural character
     . 37.07                 Cinematograph film ,- exposed and
                             developed, whether or not incor­
                             porating sound track or consis­
                             ting only of sound track , negati-
                             ve or positive :
          rv    ~
          ;i   '
          I
                                      «
                                                         i              » /
                                                       i
                       I                               -f    *'     '
                                                                /
                                                            y"
 ---pagebreak---                             - 2 -                   Annex II
      B. II . Other positives :
            ex a ) Newsreels ( with or       All organizations ( includ­
            without soundtrack ) de­         ing broadcasting and tele­
            picting events of current        vision organizations ), in­
            news value at the time of        stitutions or associations
            importation ,, and imported      approved by the competent
            up to a limit of two copies'     authorities of the Member
            of each subject for copying      States for the purpose of
            purposes                         duty-free admission of
                                             these types of goods
            ex b ) other :
            - Archival film material         Idem
             - ( with or without sound
               track ) intended for use
               in connection with news­
               reel films
            - Recreational films parti­      Idem
               cularly suited for child­
               ren and youth
        ... - Unspecified, of an educa­       Idem
               tional , scientific or cul­
               tural character
49.11 Other printed matter , including
      printed pictures and photo­
      graphs :                      i
      ex B. Other :
      - microcards or other informa­           Idem
           tion storage media required
           in computerized information
           and documentation services ,
           of an educational , scienti­
            fic or cultural character
                                           t
 ---pagebreak---                                - 3 -                   Annex II
              materials for programmed in­      Educational , scientific or
              struction / including materials   cultural establishments ap­
               in kit form , with the corres­   proved by the competent au­
              ponding printed materials         thorities of the Member
                                                                              I
                                                States for the purpose of
                                                duty-free admission of
                                                these goods     .       .
          - wall charts designed solely         Idem
               for demonstration and educa­
               tion
ex 90.21  Instruments , apparatus or models ,
          designed solely for demonstra-
          tional purposes ( for example , in
          education or exhibition ), Un­
          suitable for other uses :
          - patterns , models and wall           Idem
                charts of an educational ,
                scientific or cultural charac­
                ter , designed solely for de­
                monstration and education
           - mock-ups or visualizations          Idem
                of abstract concepts such as
           -    molecular structures or ma­
                thematical formula
    92.12  Gramophone records and other          All organizations ( includ­
           sound or similar recordings ;          ing broadcasting and tele­
           matrices for the production            vision organizations ), in­
           of records , prepared recbrd           stitutions or associations
           blanks , film for mechanical           approved by the competent
            sound recording , prepared ;          authorities of the Member
            tapes , wires , strips and "          States for the purpose of
             like articles of a kind com­         duty-free admission of
            monly used for sound or $ir           these goods
            milar recording :
            ex B. Recorded :
            - of an educational , scien­
                 tific or cultural charac-
                                              t
                 ter                    n ,
 ---pagebreak---                                        - 4 -       ..                  Annex II
   97.04            Lquipment for parlour , table
                    and funfair games for adults or
                    children ( including billiard
                    tables and pintables and table-
                    tennis requisites) :                    I •
                    ex B. Others :
                    - multi-mecha kits                      !   Educational , scientific or
                                                      i
                                                                cultural establishments ap­
                                                                proved by the competent au­
                                                                thorities of the Member
                                                            |   States for the purpose of
                                                                duty-free admission of
                                                 I
                                                                these goods
                                                 ι
B. Collectors' pieces and objects of         art of an educational , scientific or
   cultural character          •
                                           V.
     CCT                                                        Benef iciary
   heading                    Description                       establishment
     No                                                         or organization
                                                        ■
  Various           Collectors' pieces and objects              Galleries , museums and other
               -    of art not intended for sale                 institutions approved by the
                                                                 competent authorities of the
                                                                Member States for the purpo-
II     H. ^
                                                                 se of the duty-free entry of
       t         ..
                                                                 these goods
       c
       d  -
                                                          /
 ---pagebreak---                                                 Annex to doc . :
               FINANCIAL MEMORANDUM
                                                Date :
 1 . Budgetary line
     Title of the action : Proposal for a regulation of the Council modifying
     Regulation ( EEC ) 1798 / 75 , on the importation free of the duties of the
     Common Customs Tariff of educational scientific or cultural objects
3 - Legal b asis : Article .28 of the EEC Treaty
     Purpose- of the action ; To transpose onto the Community level the
     provisions contained in the Protocol to the Florence Agreement for the
     importation of educational       scientific or cultural objects ( extension
     of duty free admission to certain products so far excluded )
a . Financial implications
     Not ; quanti f iable « Although the Protocol extends the scope of the duty
     free admission , it does not seem that the Community 's resources will
     be serious <.y affected , the additional, ausntities of products likely
     to be imported free of duty being relatively limited . At the .same time ,
     irr ( the framework of this protocol , exportations from the Community to
     third countries with the benefit of duty free importation ought to be
     fairly significant . It is therefore an; operation beneficial       for the
     Coriifnunity economy