CELEX: 51993PC0126
Language: en
Date: 1993-03-29
Title: Proposal for a COUNCIL REGULATION (EEC) temporarily suspending the autonomous Common Customs Tariff duties on certain industrial products intended to equip the free zones of the Azores and Madeira

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                        COMMISSION OF THE EUROPEAN CGMV1UNITIES
Ûih ' i l l l
                                                                        COM(93)126 final
                                                                        Brussels, 29 March 1993
                                                         Proposal for a
                                                    COUNCIL REGULATION (EEC)
                         temporarily suspending the autonomous Common Customs Tariff duties on
                         certain industrial products intended to equip the free zones of the Azores
                         and Madeira
                                                 (presented by the Commission)
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 ---pagebreak---                                                EXPLANATORY MEMORANDUM
1. Within the programme of options specific to the remote and insular nature
   of Madeira and the Azores (POSEIMA), approved by Council Decision
   91/315/EEC of 26 June 1991, it is stated that free zones might constitute
   an important tool for the economic development of these regions and that
   the adoption of special customs measures might prove suitable.
2. In implementation of its own mandate, the Council adopted Regulation
   (EEC) No 1604/92 of 15 June 1992 establishing a special customs
   arrangement for Inward processing operations In free zones and
   warehouses in the ultraperipheral regions, including the Azores and
   Madeira.
3. On 4 March 1992, the Portuguese authorities asked the Commission to be
   granted exemption of CCT duties with respect to certain products intended
   f«»l <*<|tl I p p l l i g I hf?c»f> f l n o  HH\rtt»
4. It has been found, in examining the situation particulai ly with rospocl
   to the size and production capacity of local industry that such a measure
   is likely to contribute to the starting and development of economic
   activity in the free zones in these regions.
                                                                   assistance —
5. Taking account of the national and currently applicable\to the two free
   zones concerned, the Commission proposes that the tariff suspension in
   question should be applied until 31.12.2000.
6. As these two types of measure complement each other in regard to their
   economic objectives, the Commission intends to make a joint evaluation of
   their impact with the competent Portuguese authorities, with a view to
   ensuring particularly that the ceilings for the intensity of aid applied
   to these regions as part of competition policy are respected.
 ---pagebreak---                                 Proposât for a
                           COUNCIL REGULATION (EEC)
temporarily suspending the autonomous Common Customs Tariff duties on
certain industrial products Intended to equip the free zones of the Azores
and Madeira
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,1
Having regard to the opinion of. the European Parliament,2
Whereas the Council, in its Decision No 91/315/EEC of 26 June 1991, set up a
programme of options specific to the remote and insular nature of Madeira
and the Azores (Poseima);^
Whereas, in the context of the overall programme of measures established in
that Decision to stimulate the economic and social development of the
abovementioned autonomous regions, it was stipulated that free zones could
be an appreciable instrument of economic development in the regions
concerned; whereas it may be appropriate to adopt specific customs measures
regarding the arrangements applicable to the free zones of the Azores and
Madeira;
Whereas Council Regulation (EEC) No 1604/92 of 15 June 19924 provided that
processing operations carried out in the free zones of these autonomous
regions should not be subject to the economic conditions laid down in the
inward processing arrangements;
Whereas in a request submitted on 4 March 1992 and supplemented on
22 October 1992 and 20 January 1993, the competent Portuguese authorities
asked to be granted an exemption from Common Customs Tariff duties on
imports of certain industrial products intended to equip the free zones of
the Azores and Madeira;
Whereas, upon detailed examination of the situation, such a measure appears
likely to give the required boost to the development of economic activities
 in the free zones located in the regions in question;
Whereas, in order to avoid directly affecting the functioning of the common
market, a time limit must be set for this measure and suitable action taken
to ensure that the products for which a suspension is granted are intended
solely to equip the free zones of the Azores and Madeira;
1   0J C ...,              199., p
2   0J C                   199. , p
3   0J L 171, 29 June 1991, p.10.
4   OJ L 173. 27.6.1992, p. 30.
 ---pagebreak---                                                                           3
Whereas the Commission must be informed of the volume of imports involved,
HAS ADOPTED THIS REGULATION:
                                   Article 1
1. The Common Customs Tariff duties applicable to products listed in the
    Annex shall be suspended in full until 31 December 2000.
2. The suspension referred to in paragraph 1 shall apply solely to products
    intended to equip the free zones of the Azores and Madeira.
3. The relevant Portuguese authorities shall adopt the provisions necessary
    to ensure compliance with paragraph 2 pursuant to the relevant Community
    provisions on end-use, in particular the charging of Common Customs
    Tariff duties when the products in question are transported to other
    parts of the Community's customs territory.
    They shall inform the Commission of these measures at the earliest
    opportunity.
                                   Art icle 2
With respect to the products referred to in Article 1, the competent
Portuguese authorities shall inform the Commission, no later than 15 March
of each year, of the volume of imports for which the tariff suspension has
been granted during the preceding year.
                                   Art icle 3
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in
a 11 Member States.
Done at Brussels
                                          For the CounciI
                                          The President
 ---pagebreak---                                                               A N li E X
                                                                                                             SiUS||iàlhB<.l|Ba.l<fc^«l!ltMN.v«tAa^
 Order No   CN CODE                                                          DESCRIPTION
 18.0300   6B04            -Millstones, grindstones, grinding wheels and the like, without
                            frameworks, for grinding, sharpening, polishing, trueing or cutting,
                            hand sharpening or polishing stones, and parts thereof, of natural
                            stone, of agglomerated natural or artificial abrasives, or of
                            ceramics, with or without parts of other materials
 18.0302  7308             -Structures (excluding prefabricated buildings of heading No 9406)
                            and parts of structures (for example, bridges and bridge-sections,
                            lock-gates, towers, lattice masts, roofs, roofing frameworks, doors
                            and windows and their frames and thresholds for doors, shutters,
                            balustrades, pillars and columns), of iron or steel; plates, rods,
                            angles, shapes, sections, tubes and the like, prepared for use in
                            structures, of iron or steel
18.0304   7309 00          -Reservoirs, tanks, vats and similar containers for any material
                             (other than compressed or liquefied gas), of iron or steel, of a
                            capacity exceeding 300 litres, whether or not lined or heat-
                            insulated, but not fitted with mechanical or thermal equipment
18.0306   7310 other than
           7310 21 10
                                                                                                  other than cans ôf à kind used for preserving
18.0308   7311 00         -Containers for compressed or liquefied gas, of iron or steel                               food and drink
18.0310   7322            -Radiators for central heating, not electrically heated, and parts
                            thereof, of iron or steel; air heaters and hot air distributors
                            (including distributors which can also distribute fresh or
                            conditioned air), not electrically heated, incorporating a motor-
                            driven fan or blower, and parts thereof, of iron or steel
18.0312   7610            -Aluminium structures (excluding prefabricated buildings of heading
                            No.   9406) and parts of structures (for example, bridges and bridge-
                            sections, towers, lattice masts, roofs, roofing frameworks, doors
                            and windows and their frames and thresholds for doors, balustrades,
                            pillars and columns); aluminium plates, rods, profiles, tubes and
                            the like, prepared for use in structures
18.0314   7611 00 00      -Aluminium reservoirs, tanks, vats and similar containers, for any
                            material (other than compressed or liquefied gas), of a capacity
                            exceeding 300 litres, whether or not lined or heat-insulated, but
                            not fitted with mechanical or thermal equipment
18.0316   7612            -Aluminium casks, drums, cans, boxes and similar containers
                            (including rigid or collapsible tubular containers), for any
                            material (other than compressed or liquefied gas), of a capacity
                            not exceeding 300 litres, whether or not lined or heat-insulated,
                            but not fitted with mechanical or thermal equipment
18.0318   7613 00 00      -Aluminium containers for compressed or liquefied gas
18.0320   8202            -Hand saws; blades for saws of all kinds (including slitting,
                            slotting or toothless saw blades)
18.0322   8203            -Files, rasps, pliers (including cutting pliers), pincers, tweezers,
 ---pagebreak--- Order No      CODE                                                                 DESCRIPTION
                           metal cutting shears, pipe-cutters, bolt croppers, perforating
                           punches and similar hand tools
18.0324  8204             -Hand-operated spanners and wrenches (including torque meter
                           wrenches but not including tap wrenches); interchangeable spanner
                           sockets, with or without handles
18.0326  8205            -Hand tools (including glaziers' diamonds), not elsewhere specified
                           or included; blow lamps; vices, clamps and the like, other than
                           accessories for and parts of, machine tools; anvils; portable
                           forges; hand or pedal-operated grinding wheels with frameworks
18.0328
         8207            -Interchangeable tools for hand tools, whether or          not power-operated,
                           or for machine-tools (for example, for pressing,         stamping, punching,
                           tapping, threading, drilling, boring, broaching,         milling, turning
                           or screw driving), including dies for drawing or         extruding metal,
                           and rock drilling or earth boring tools
18.0330  8208 other than -Knives and cutting blades, for machines or for mechanical
         8208 40 00        appliances other than agricultural, horticultural or forestry machines
18.0332                  -Plates, sticks, tips and the like for tools, unmounted, of sintered
         8209 00           metal carbides or cermets
18.0334                  -Hand-operated mechanical appliances, weighing 10 kg or less, used
         8210 00           in the preparation, conditioning or serving of food or drink
18.0336                  -Armoured or reinforced safes, strong-boxes and doors and safe
         8303 00           deposit lockers for strong-rooms, cash or deed boxes and the like,
                           of base metal
18.0338  8304 00 00      -Filing cabinets, card-index cabinets, paper trays, paper rests, pen
                           trays, office-stamp stands and similar office or desk equipment, of
                           base metal, other than office furniture of heading No. 9403
18.0340  8402            '-Steam or other vapour generating boilers (other than central
                           heating hot water boilers capable also of producing low pressure
                           steam); super-heated water boilers
18.0342  8403            -Central heating boilers other than those of heading No             8402
18.0344  8404            -Auxiliary plant for use with boilers of heading No 8402 or 8403
                           (for example, economisers, super-heaters, soot removers, gas
                           recoverers); condensers for steam or other vapour power units
18.0346  8405            -Producer gas or water gas generators, with or without their
                           purifiers; acetylene gas generators and similar water process gas
                           generators, with or without their purifiers
18.0348  8406            -Steam turbines and other vapour turbines
18.0350  8407            -Spark-ignition reciprocating or rotary internal combustion piston
                           engines
18.0352  8408            -Compression-ignition internal combustion piston engines (diesel or
                           semi-diesel engines)
                                                                                                        IA
 ---pagebreak--- Order No      CODE                                                             DESCRIPTION
                                                                                                               * ^ * ^ * » » . » # # . » «i»i^*«»^*»*iiB^»^a»a|ifc«»%^*#i*
18.0354  8409              -Parts suitable for use solely or principally with the engines of
                            heading No 8407 or 8408
18.0356  8413              -Pumps for liquids, whether or not fitted with a measuring device;
                            liquid elevators
18.0358  8414              -Air or vacuum pumps, air or other gas compressors and fans;
                            ventilating or recycling hoods incorporating a fan, whether or not
                            fitted with filters
18.0360  8415              -Air conditioning machines, comprising a motor-driven fan and
                            elements for changing the temperature and humidity, including those
                            machines in which the humidity cannot be separately regulated
18.0362  8416              -Furnace burners for liquid fuel, for pulverised solid fuel or for
                            gas; mechanical stokers, including their mechanical grates,
                            mechanical ash dischargers and similar appliances
18.0364  8417              -Industrial or laboratory furnaces and ovens, including incinerators,
                            non-electric
18.0366  8418              -Refrigerators, freezers and other refrigerating or freezing
                            equipment, electric or other; heat pumps other than air
                            conditioning machines of heading No 8415
18.0368  8419              -Machinery, plant or laboratory equipment, whether or not
                            electrically heated, for the treatment of materials by a process
                            involving a change of temperature such as heating, cooking,
                            roasting, distilling, rectifying, sterilizing, pasteurising,
                            steaming, drying, evaporating, vapourising, condensing or cooling,
                            other than machinery or plant of a kind used for domestic purposes;
                            instantaneous or storage water heaters, non-electric
18.0370  8420              -Calendering or other rolling machines, other than for metals or
                            glass, and cylinders therefor
18:0372  8421              -Centrifuges, including centrifugal dryers; filtering or purifying
                            machinery and apparatus, for liquids or gases
18.0374  8422              -Dish washing machines; machinery for cleaning or drying bottles or
                            other containers; machinery for filling, closing, sealing,
                            capsuling or labelling bottles, cans, boxes, bags or other
                            containers; other packing or wrapping machinery; machinery for
                            aerating beverages
18.0376  8423 other than   -Weighing machinery (excluding balances of a sensitivity of 5 eg or
         8423 10 10         better), including weight operated counting or checking machines;
                            weighing machine weights of all kinds other than household scales
18.0378  8424 other than! •Mechanical appliances (whether or not hand-operated) for projecting,
         8424 81 10         dispersing or spraying liquids or powders; fire extinguishers,
                            whether or not charged; spray guns and similar appliances; steam or
                            sand blasting machines and similar jet projecting machines other than watering appliances
18.0380  8425             -Pulley tackle and hoists other than skip hoists; winches and
 ---pagebreak--- Order No      CODE                                                    DESCRIPTION
                    capstans; jacks
18.0382  8426      -Ships' derricks; cranes, including cable cranes; mobile lifting
                    frames, straddle carriers and works trucks fitted with a crane
18.0384  8427      -Fork-lift trucks; other works trucks fitted with lifting or
                    handling equipment
18.0386  8428      -Other lifting, handling, loading or unloading machinery (for
                    example, lifts, escalators, conveyors, teleferics)
18.0388  8437      -Machines for cleaning, sorting or grading seed, grain or dried
                    leguminous vegetables; machinery used in the milling industry or
                    for the working of cereals or dried leguminous vegetables, other
                    than farm-type machinery
18.0390  8438      -Machinery, not  specified or included elsewhere in this chapter, for
                    the industrial  preparation or manufacture of food or drink, other
                    than machinery  for the .extraction or preparation of animal or fixed
                    vegetable fats or oils
18.0392  B439      -Machinery far making pulp of fibrous celluloslc material or for
                    making or finishing paper or paperboard
18.0394  8440      -Book-binding machinery, including book-sewing machines
18.0396  8441      -Other machinery for making up paper pulp, paper or paperboard,
                    including cutting machines of all kinds
18.0398  8443      -Printing machinery; machines for uses ancillary to printing
18.0400  8444 00   -Machines for extruding, drawing, texturing or cutting man-made
                    textile materials
18.0402  8445      -Machines for preparing textile fibres; spinning, doubling or
                    twisting machines and other machinery for producing textile yarns;
                    textile reeling or winding (including weft-winding) machines and
                    machines for preparing textile yarns for use on the machines of
                    heading No 8446 or 8447
18.0404  8446      -Weaving machines (looms)
18.0406  8447      -Knitting machines, stitch-bonding machines and machines for making
                    gimped yarn, tulle, lace, embroidery, trimmings, braid or net and
                    machines for tufting
18.0408  8448      -Auxiliary machinery for use with machines of heading No 8444,
                    8445, 8446 or 8447 (for example, dobbies, Jacquards, automatic
                    stop motions, shuttle changing mechanisms); parts and accessories
                    suitable for use solely or principally with the machines of this
                    heading or of heading No 8444, 8445, 8446 or 8447 (for example,
                    spindles and spindle flyers, card clothing, combs, extruding
                    nipples, shuttles, healds and heald-frames, hosiery needles)
18.0410  8450      -Household or laundry-type washing machines, including machines
                    which both wash and dry
                                                                                          -V
 ---pagebreak--- Order No      CODE                                                  DESCRIPTION
18.0412  8451      -Machinery (other than machines of heading No 8450) for washing,
                    cleaning, wringing, drying, ironing, pressing (including fusing
                    presses), bleaching, dyeing, dressing, finishing, coating or
                    impregnating textile yarns, fabrics or made up textile articles and
                    machines for applying the paste to the base fabric or other support
                    used in the manufacture of floor coverings such as linoleum;
                    machines for reeling, unreeling, folding, cutting or pinking
                    textile fabrics
18.0414  8452      -Sewing machines, other than book-sewing machines of heading No
                    8440; furniture, bases and covers specially designed for sewing
                    machines; sewing machine needles
18.0416  8453      -Machinery for preparing, tanning or working hides, skins or leather
                    or for making or repairing footwear or other articles of hides,
                    skins or leather, other than sewing machines
18.0418  8456      -Machine-tools for working any material by removal of material, by
                    laser or other light or photon beam, ultrasonic, electro-discharge,
                    electro-chemical, electron beam, ionic-beam or plasma arc processes
18.0420  8457      -Machining centres, unit construction machines (single station) and
                    multi-station transfer machines, for working metal
18.0422  8458      -Lathes for removing metal
18.0424  8459      -Machine-tools (including way-type unit head machines) for drilling,
                    boring, milling, threading or tapping by removing metal, other than
                    lathes of heading No 8458
18.0426  8460      -Machine-tools for deburring, sharpening, grinding, honing, lapping,
                    polishing or otherwise finishing metal, sintered metal carbides or
                    cermets by means of grinding stones, abrasives or polishing
                    products, other than gear cutting, gear grinding or gear finishing
                    machines of heading No 8461
18.0428  8461      -Machine-tools for planing, shaping, slotting, broaching, gear
                    cutting, gear grinding or gear finishing, sawing, cutting-off and
                    other machine-tools working by removing metal, sintered metal
                    carbides or cermets, not elsewhere specified or included
18,0430  8462      -Machine-tools (including presses) for working metal by forging,
                    hammering or die-stamping; machine-tools (including presses) for
                    working metal by bending, folding, straightening, flattening,
                    shearing, punching or notching; presses for working metal or metal
                    carbides, not specified above
18.0432  B4<53     -Other machine-tools for working metal, sintered metal carbides or
                    cermets, without removing material
18.0434  8464      -Machine-tools for working stone,ceramics, concrete, asbestos-
                    cement or like mineral materials qr for cold working glass
18.0436
         8465      -Machine-tools (including machines fbr nailing, stapling, glueing or
                    otherwise assembling) for working w^od, cork, bona, hard rubber,
                                                        \
 ---pagebreak---                                                                                                      4.
Order No       CODE                                                             DESCRIPTION
                            hard plastics or similar hard materials
18.0438   8467            -Tools for working in the hand, pneumatic or with self-contained non-
                            electric motor
18.0440   8468            -Machinery and apparatus for soldering, brazing or welding, whether
                            or not capable of cutting, other than those of heading No 8515;
                            gas-operated surface tempering machines and appliances
18.0442   8469            -Typewriters and word-processing machines
18.0444   8470            -Calculating machines; accounting machines, postage-franking,
                            machines, ticket-issuing machines and similar machines,
                            incorporating a calculating device; cash registers
18.0446   8471            -Automatic data processing machines and units thereof; magnetic or
                            optical readers, machines for transcribing data onto data media in
                            coded form and machines for processing such data, not elsewhere
                            specified or included
18.0448   8472            -Other office machines (for example,, hectograph or stencil
                            duplicating machines, addressing machines, automatic banknote
                            dispensers, coin-sorting machines, coin-counting or wrapping
                           machines, pencil-sharpening machines, perforating or stapling
                           machines)
18.0450   8477            -Machinery for working rubber or plastics or for the manufacture of
                            products from these materials, not specified or included elsewhere
                            in this Chapter
18.0452  18478             -Machinery for preparing or making up tobacc       not specified or
                            included elsewhere in this Chapter
18.0454  |Q480            -Moulding boxes for metal foundry; mould bases; moulding patterns;
                           moulds for metal (other than ingot moulds), metal carbides, glass,
                           mineral materials, rubber or plastics
18v0456  J8501            -Electric motors and generators (excluding generating sets)
18.0458   8508 other than -Electro-mechanical tools for working in the hand, with self-
         ;8508 80 80        contained electric motor other than hedge trimmers and lawn edge cutters
18.0460   8514            -Industrial or laboratory electric (including induction or
                            dielectric) furnaces and ovens; other industrial or laboratory
                            induction or dielectric heating equipment
18.0462   8515            -Electric (including electrically hsated gas), laser or other light
                            or photon beam, ultrasonic, electron beam, magnetic pulse or plasma
                            arc soldering, brazing or welding machines and apparatus, whether
                            or not capable of cutting; electric machines and apparatus for hot
                            spraying of metals or sintered metal carbides
18.0464   8526            -Radar apparatus, radio navigational aid apparatus and radio remote
                            control apparatus
18.0466   9009            -Photocopying apparatus incorporating an optical system or of the
 ---pagebreak--- Order No CODE                                                  DESCRIPTION
               contact type and thermo-copying apparatus
18.0468       -Apparatus and equipment for photographic (including cinematographic)
               laboratories (including apparatus for the projection of circuit
               patterns on sensitised semi-conductor materials), not specified or
               included elsewhere in this Chapter; negatoscopes; projection
               screens
18.0470       -Drawing, marking-out or mathematical calculating instruments (for
               example, drafting machines, pantographs, protractors, drawing sets,
               slide rules, disc calculators); instruments for measuring length,
               for use in the hand (for example, measuring rods and tapes,
               micrometers, callipers), not specified or included elsewhere in
               this Chapter
18.0472       -Machines and appliances for testing the hardness, strength,
               compressibility, elasticity or other mechanical properties of
               materials (for example, metals, wood, textiles, paper, plastics)
18.0474       -Instruments and apparatus for measuring or checking the flow, level,
               pressure or other variables of liquids or gases (for example, flow
               meters, level gauges, manometers, heat meters), excluding
               instruments and apparatus of heading No 9014, 9015, 9028 or
               9032
18.0476       -Instruments and apparatus for physical or chemical analysis (for
               example, polarimeters, refractometers, spectrometers, gas or smoke
               analysis apparatus); instruments and apparatus for measuring or
               checking viscosity, porosity, expansion, surface tension or the
               like; instruments and apparatus for measuring or checking
               quantities of heat, sound or light (including exposure meters);
               microtomes
18.0478       -Gas, liquid or electricity supply or production meters, including
               calibrating meters therefor
18^0480       -Prefabricated buildings
 ---pagebreak---                                                                              Il
FINANCIAL RECORD
1. Budget line concerned : Chap. 12 Art. 120
2. Legal basis : Art. 28 of the Treaty
3. Title of the tariff measure concerned : Proposal for a Council Regulation
   (EEC) temporarily suspending the autonomous Common Customs Tariff duties
   on certain industrial products intended to equip the free zones of the
   Azores and Madeira
4. Objective : To provide favourable conditions for the supply of certain
   industrial products intended to equip the free zones of the Azores and
   Madeira
5. Duty-loss : On the basis of information from the Portuguese authorities,
   the loss of revenue for the period 1 March 1993 until 31 December 2000 is
   estimated to amount to 25 390 000 ECU.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM{93) 126 final
                                                      DOCUMENTS
EN                                                                              02
                                Catalogue number : CB-CO-93-148-EN-C
                                                             ISBN 92-77-53952-6
Office for Official Publications of the European Communities
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