CELEX: 51979PC0617
Language: en
Date: 1979-11-08
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 950/68 on the Common Customs Tariff (Submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 617
Vol. 1979/0209
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(79 ) 617 final
                                             Brussels . 8 November 1979
                              Proposal for a
                         COUNCIL REGULATION ( EEC )
   amending Regulation ( EEC ) No 950 / 68 on the Common Customs Tariff
             ( Submitted to the Council by the Commission )
                                               V
                                               Λ
                                           V
                                             /
 C0M(79 ) 617 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
    Introduction
    1.1 .    By Regulation ( EEC ) No 950 / 68 of 28 June 1968 ( 1 ), the Council
             adopted ,    in the form of an Annex to that Regulation , the Common
                                                   t
             Customs Tariff as applicable on that date , that is to say taking
              into account the various autonomous regulations or decisions in
              force as well as the Community 's commitments towards third countries .
     1.2 .    As from 1 January 1970 , this Regulation ( EEC ) No 950 / 68 , has been
              annually subject to an amending regulation of the Council in the
               form of a further updated " Common Customs Tariff " Annex .    This should
               likewise be the case on 1 January 1980 .                         \
     1.3 .     In order to enable all Member States and all users to have an
                                      - .                                             \\
           . up-to - date Regulation in the official languages of the Community , \\
                                                                                         V
                it is proposed that the Council should adopt , on the basis of
   ^            Articles 28 and 113 of the Treaty , the Common Customs Tariff in the
             . form of a Regulation amending Regulation ( EEC ) No 950 / 68 of
                28 June 1968 .
                For practical reasons , only the pages of the Common Customs Tariff
                ( in its current version ) which have been amended appear in Annex .
                In the edition which will be published in the Official Journal ,
                the Common Customs Tariff will nevertheless appear in its entirety .
2.    Amendments set out in this draft Regulation , as compared with the text
      in force on 1 January 1979
      2.1 .      Amendments_resu_lt2ng_f rom_2nternatT.onal commitments
                 2.1.1 . The multilateral trade negotiations which took place within
                         the GATT in Geneva have just been completed .     As a result
                         of these negotiations , a general agreement was reached
                         containing a list of concessions in the agricultural and
                         industrial sectors .   A second agreement concerns trade in
                         civil ai rcraft .
(1 )    0J No L 172 , 22.7.1968 , p. 1
 ---pagebreak---                            -2-
2.1.2 . This draft takes account of provisions Laid down for
        the implementation of the said concessions by equal
        annual reductions from 1 .1 . 1980, with certain exceptions .
2.1.3 . As laid down for each reduction phase , the intermediate
        rate has been rounded to the nearest first decimal point ,
        it being understood that the rate so rounded will not
        exceed the intermediate rate , when not rounded , by more
        than 0.05% .
2.1.4 . For certain agricultural products (" tropical products "),
        together with certain industrial products , reductions will
        be implemented by accelerated procedure on 1.1.1980 .           The
        following headings are concerned :
        08.01      09.01       09.02     09.04        09.06       09.08
        09.09      09.10       11.04     12.07        13.02       18.01
        18.02      28.23       28.47     28.56        29.14       29.26
        32.01      38.19       41.03     41.04        41 . 05     42.03
        44.02      44.24       44.27     46.02        46.03       65.04
        65.05      67.02       71.14     71.16        73.33       90.07
        94.01    ' 95.05       95.08
2.1.5 . The concessions for the following agricultural products :
     *  - frozen meat of bovine animals          ( 02.01 ex A II b )    )
        - meat of bovine animals :               ( 02.01   ex A II a ) and
           " high quality " meat                ex A II b ) )
        - buffalo meat                       .   ( 02.01 ex A II b ) 4 bb ) 33 )
        - offal                                  ( 02.01 B II )
        - cheese                                 ( 04.04 ex E I b )   1   and
                                                ex E I b ) 5 ) ) ■
        - prunes                                 ( 08.12 C )
        - canned peaches                         ( ex 20.06 B II b ) 7 aa )
                                                and bb )    )
         - mixtures of fruit                     ( 20.06 B II b ) 9 aa )    )
         - additional duty on sugar              ( ex 20.06 )
         - manufactured tobacco                  ( 24.01 )
         will be implemented in full ( without staging ) on 1 January 1980 ),
                                                                  ■a•/•■ a
 ---pagebreak--- 2.1.6 .   The amendments to the CCT Nomenclature in the agriculture *
          products section resulting from these concessions concern
          principal ly :
          Preliminary Provisions ( General Rules , note B.9 )
          Headings Nos .    02.01                              ,
                            03.03  .
          Chapter 4 , Additional Note 4b )
         Headings Nos .     04.04     08.04     08.08
                            08.10     16.04     20.01
                            20.06     21.04     24.01
2.1.7 .   It should be noted that the concessions on the following
                 »
         products :                                              /
        - citric acid                            ( 29.16 A IV a ) )   v     v
        - tetraethyl-lead                        ( 29.34 B )
            and lead-based anti-knock
        "   preparations       '                 ( 38.14 A and 38.14 B II )
        - textiles                               ( Chapters . 51 to 62 )
        - ceramics :     reduction to zero of the specific minimum duty
                         for those products falling within Chapter 69
                          to which such a minimum duty applies and for
                         tariff heading No 85.25 A
         - steel                              .  ( headings Nos 73.01 to
                                                 73.20 )
         - titanium                      • ~     ( 81.04 K I and K II )
         will be implemented in the following manner :
         - first phase of the reductions- on 1.1.1982 , 1983 , 1984
         - second phase of the reductions spread over three years
            and therefore excluded from this draft
2.1.8 .  The same applies to the concessions for chemicals ( with
          certain exceptions ) falling within Chapters 29 , 32 and 39
         of the CCT which will be implemented in the following manner ;
         - the first reduction , of one-eighth , will take effect on
            the date of entry into force for the United States of the
            agreement relating to the implementation of Article VII of      -
            the General Agreement on Tariffs and Trade ;
         - the second reduction will take effect six months after
            that date .
         The suosequent reductions will take effect in six annual staqea .
 ---pagebreak---                               -4-
2.1.9 .  The concession for kraft paper and board ( ex 48.01 C II )
         will be implemented in four reductions , each of 0.5 points ,
         on 1 .1 . 1983 , 1 . 1.1984 , 1 .1 . 1986 and 1.1 . 1987 .
2.1.10 . Amendments to the CCT for products in the industrial sector ,
         resulting from these concessions ( with the exception of those
         relating to civil aircraft ), relate to the following tariff
         headings :
         29.01 D II                   29.01 D III                   29.09 A
         29.09 B                      29.13 D I a ) and b )         39.01 C III
         41.02                        48.07 C                       84.15 C I
         84.19 A                      84.63                         85.06
         85.15 A III b )              85.18                         87.02
         87.04                        90.29 A II                    97.04
2.1.11 . The agreement on trade in civil aircraft makes provision
         for relief from customs duty for civil aircraft , their
         parts ( specifically enumerated ), as well as for ground
         flying trainers . As a result of this agreement , the CCT
         nomenclature has been amended by the introduction of the
         appropriate subheadings in the following headings :
         39.07 , 40.09 , 40.11 , 40.16 , 62.05 , 68.13 , 68.14 , 70.08 ,        73.25 ,
         73.38 , 83.02 , 83.07 , 83.08 , 84.06 , 84.07 , 84.08 , 84.10 ,        84.11 ,
         84.12 , 84.15 , 84.18 , 84.21 , 84.22 , 84.53 , 84.59 , 84.63 ,        85.01 ,
         85.08 , 85.12 , 85.14 , 85.15 , 85.17 , 85.20 , 85.22 , 85.23 ,        88.01 ,
         88.02 , 88.03 , 88.05 , 90.14 , 90.18 , 90.23 , 90.24 , 90.27 , 90.28 ,
         90.29 , 91.03 , 91.08 , 94.01 , 94.03 .
2.1.12 .  Furthermore , a new paragraph B has been introduced into the
         Preliminary Provisions , Section II .           This paragraph indicates
         the scope of the relief from duty on civil aircraft and the
         materials concerned , as well as giving a definition of " civil
         aircraft " in accordance with the negotiated agreement .
                                                                      mmm/mmm
 ---pagebreak---       2.1 . 'I *. Other amendments of a miner editorial nature , hav « bten
                  made to the nomenclature of the CCT in accordance with
                  Supplementary Amendments nos . 27 and 28 of the Customs
                  Cooperation Council .
      2.1.14 .    Following recommendations of the International Organization
                  of Statutory Metrology, amendments have been made to the
                  Common Customs Tariff in respect of certain wording relating
                  to alcoholic strength .
      2.1.15 .    These amendments are in accordance with Council Directive
                  76 / 766 / EEC and concern :
                  - Note 2 to Chapter 22
                  - texts of headings nos 22.08 and 22.09
                  - texts of subheadings in headings nos 22.08 and 22.09 .
2.2 . Amendments resulting_f rom aa ri cuj.tura l régulations
      2.2.1 .     These amendments concern changes in the tariff resulting from
                  regulations relating to common market organizations already
                  in force or coming into force on 1 January 1980 at the late-rt
                                                      \                - . •  '
      2.2.2 .     These regulations concern the following chapters
                  Chapter 4        - heading No 04.04 ( Regulation
                  Chapter 10 - heading No 10.05 -( Regulation No 684 / 79 -
                                                        0J No L 86 of 6.4.1979 )
                                     Additiona l Note
                                     heading No 10.06 ( Regulation
                  Chapter 16 - heading No 16.02 ( Regulation No 882 / 79 -
                                                         0J No L 111 of 4.5.1979 )
                                     Additional Note
                                 .   heading No 16.02 B I a ( Regulation
         '      . Chapters 19- heading Nos 19.08 BII , III and IV )                 , ..
                  and 21           ' headings Nos 21.07 A I ( footnote )     ) Re9 uLat109
                  Chapter 2Q » Note 3                    ( Regulation
                  Chapter 22 - Note 2                    )'   . ^.    –
                                     Heading No 22.05 ) Re9uLat10n
 0J No L 262 , 27.7.1976 , p. 149
 ---pagebreak---                                      -6-
2.3 .  Amendment s_to_e2supe_the_eeppeet_and_U2ÍÍO£S_agg-Lj> cati_on_of_a2£een3e2ts
       concerni_Q2_trade_2n_text2j.e_groduçts
       2.3.1 .  In order to ensure a more effective administration of the
               textile agreements as regards certain garments ( ski suits ),
                it is proposed to introduce additional subdivisions in
               headings Nos 60.05 , 61.01 and 61.02 (*) .
2.4 .  Amendments proposed by the Committee on CCT Nomenclature
       2.4.1 . These autonomous amendments are four in number and are intended
               merely to clarify the texts and to ensure closer alignment between
               the various versions of the Common Customs Tariff .       These amend­
               ments , which sometimes vary according to the language , relate in
               the main to :
                Preliminary Provisions , General Rule C.3 .
                Chapter 2 , Additional Note 1(c )
                Chapter 9 , Note 1(a ) ( Danish version )
                21.07 3  ( Danish version )
                Chapter 28 ( Modernisation of chemical names )              ^
                Chapter 29 ( Danish and German versions - corrigenda 0J L 110
                                                     Λ
                29.35 P ( English version )
               71.05 D             )
               71.07               )   ( French , Italian and German versions )
               71.09 A II b ) 3    )
                84.34 A ( Danish and English versions )
                Chapter 91 , Note 3 ( German , Italian and Dutch versions )
                In addition , some minor amendments which have no effect on the
               basic nomenclature have been made to various texts , particularly
                in the Danish version
(*)   See however paragraph 3 below ( Conclusions ) on this subject .
 ---pagebreak---                                       -7-
    2.5 ' Amendments resu^tin2_f rom_adogt2on_of_the_ECy
          In accordance with Régulations                 and
          which amended , respectively , items 04.04 ( cheese ) and 22.05 C
           ( wine ), the ECU replaces the unit of account at present referred
          to in certain specific customs duties or used as a criterion
          limiting the scope of certain tariff subheadings .
3.  Conclusions
    From the foregoing it " will be seen that the draft CCT applicable with
    effect from 1.1 . 1980 includes ,an appreciable number of amendments , which
    follow mainly from the results of the mulitlateral negotiations in the
    framework of the GATT , some of which have only recently been concluded .
    The whole of these amendments has been the subject of a close examination
    by the Joint Panel of Government Experts on the Common Customs Tariff
    and has been approved by them ( a ).    Because of this, further time has
    been needed for the correction of, the draft .    In order to make this
    instrument available to the national administrations and to the trade as
    soon as possible the Commission requests the Council to deal with this
    draft Regulation at one of its forthcoming meetings .
(a)   It should be noted however that the texts of subheadings 60.05 A I b ) 4 kk ),
      61.01 B V g ) and 61.02 B II e ) 8 have not been agreed by the German
      and Dutch delegations .
 ---pagebreak---                    COUNCIL REGULATION   ( EEC )
                  amending Regulation ( EEC ) No 950 / 68
                     on the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                                                     /
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 28 and 113 thereof ,
Having regard to the proposal from the Commission ,
Whereas , under agreements signed with third countries , and in particular
pursuant to the 1979 Geneva Protocol and the 1979 Additional Protocol to
the Geneva Protocol annexed to the General Agreement on Tariffs and Trade
and the agreement on trade in civil aircraft signed at the end of the
1973-79 Conference on Multilateral Trade Negotiations , the Community has
undertaken to make reductions in customs duties , certain of which are to
be implemented in whole or in part from 1 January 1980 ; whereas it is expedient
therefore , in order to ensure uniform application of the      Common Customs
Tariff , to specify in Council Regulation ( EEC ) No 950 / 68 of 28 June 1968
on the Common Customs Tariff ( 1 ), as last amended by Regulation ( EEC ) No
           , the conventional duties applicable from 1 January 1980 ;
Whereas it is necessary to take account in      heading   No
04.04 and subheading 22.05 C of the Common Customs Tariff of the provisions
of Regulations                      and                      , on the procedure
for applying the ECU ;
Whereas for certain headings or Chapter Notes it is necessary to introduce
amendments with the object of ensuring uniform application of the Common
Customs Tariff ; whereas , moreover , a certain number of draft.ing amendments
is justified for the purpose of improving the Common Customs Tariff ;
(1 ) 0J No L 172 , 22.7.1968 , p. 1 .                                  ../.
 ---pagebreak---  Whereas carter- Regulations on the common organization of agricultural
 markets provide that the tariff nomenclature resulting from their
 application shall be included in the Common Customs Tariff and / or amend
 customs duties ; whereas it is therefore appropriate to include in this
Regulation all the amendments resulting from Regulations adopted under the
common agricultural policy ;                             „
Whereas , in order to take account of the provisions of Council Directive
76 / 766 of 27.7.1976 ( 1 ), and in accordance with the Srecommendation of the
International Organization of Statutory Metrology, it is necessary to amend
certain of the wording of Chapter 22 relating to alcoholic strength ;
Whereas it is appropriate , for the sake of clarity , to bring the whole of
the Common Customs Tariff up to date ; whereas , for this purpose , it is
necessary to collect in a single text not only those parts Which are amended
with effect from T January 1980 but also those which have already been emended
and those which remain unchanged;                            -          v
Whereas , although temporary tariff amendments and the preferential systems
resulting from the various acts adopted by the Community form an integral part
of the Common Customs Tariff , it seems appropriate not to include them in this
Regulation ;                                     '             "
Whereas this Regulation does not apply to products covered by the Treaty
establishing the European Coal and Steel Community , although the nomenclature
and the conventional duties for these products are included , for information
purposes , in the Schedule of Customs Duties in order to make the latter
easier to understand ,                  '
HAS ADOPTED THIS REGULATION :
                                     Article 1
The Annex headed 'Common Customs Tariff' to Regulation ( EEC ) No 950 / 68 is
hereby replaced by the Annex to this Regulation .
                                     Article 2
 This Regulation shall enter into force on 1 January 1980 .
 This Regulation shall be binding in its entirety and directly applicable in
 all Member States .                                   "
                                                                 For the Council
 Done at Brussels ,                                              The President   _
  (1 )  OJ No L 262 , 27.9.1976 , p. 204