理事会条例(EU) No 1386/2011,临时停止出口到加那利群岛某些工业产品的自主共同海关??关税
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EURLEX ID:32011R1386
OJ编号:OJ L 345, 29.12.2011, p. 1-7
中文标题:理事会条例(EU) No 1386/2011,临时停止出口到加那利群岛某些工业产品的自主共同海关??关税
原文标题:Council Regulation (EU) No 1386/2011 of 19 December 2011 temporarily suspending autonomous Common Customs Tariff duties on imports of certain industrial products into the Canary Islands
分类:02.30.30.10_关税中止
文件类型:二级立法 Regulation|条例
生效日期:2012-01-01
废止日期:2058-12-31
法规全文:查看欧盟官方文件
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29.12.2011 Official
Journal
of
the
European
Union
L
345/1
I
(Legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 1386/2011
of 19 December 2011
temporarily suspending autonomous Common Customs Tariff duties on imports of certain
industrial products into the Canary Islands
THE COUNCIL OF THE EUROPEAN UNION,
Common Customs Tariff duties for a number of products
in accordance with Article 349 of the Treaty. The justifi
cation of their request was that in view of the remoteness
Having regard to the Treaty on the Functioning of the European
of those islands, the economic operators suffer severe
Union, and in particular Article 349 thereof,
economic and commercial disadvantages which have
negative effects on demographic trends, employment
and social and economic developments.
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national
(3) The
Canary
Islands
industrial
sector,
together
with
Parliaments,
construction, has been severely affected by the recent
economic crisis. The slump in building depressed all
the auxiliary industry that depends on it. Unfavourable
Having regard to the opinion of the European Parliament ( 1 ),
financial conditions had a serious impact on many areas
of business. In addition, the sharp rise in unemployment
in Spain aggravated the slump in domestic demand,
Having regard to the opinion of the European Economic and
including demand for industrial products.
Social Committee ( 2 ),
After consulting the Committee of the Regions,
(4) Unemployment
in
the
Canary
Islands
has
been
consistently exceeding the national average for Spain
for the last 10 years and, since 2009, the Canary
Acting in accordance with a special legislative procedure,
Islands have recorded the highest level throughout the
country (Eurostat: Regional statistics — Unemployment
rate, by NUTS 2 regions, 1999-2009). Moreover, more
Whereas:
than half of the industrial production of the Canary
Islands is consumed there, which is particularly serious
since demand there has been hit harder.
(1) According
to
Council
Regulation
(EC)
No
704/2002
of
25 March 2002 temporarily suspending autonomous
Common Customs Tariff duties on imports of certain
industrial products and opening and providing for the
(5) Therefore,
with
the
aim
of
giving
a
long-term
perspective
administration of autonomous Community tariff quotas
to investors and enabling economic operators to reach a
on imports of certain fishery products into the Canary
level of industrial and commercial activities which
Islands ( 3 ), the Common Customs Tariff duty suspension
stabilises the economic and social environment on the
for certain capital goods for commercial or industrial use
Canary Islands, it is appropriate to prolong in full the
is to expire on 31 December 2011.
suspension of the Common Customs Tariff duties for
certain goods as detailed in Annex II and Annex III to
Regulation (EC) No 704/2002 for a period of 10 years.
(2) In
September
2010,
the
government
of
Spain
requested
on behalf of the government of the Canary Islands, the
prolongation of the suspension of the autonomous
(6)
In addition, in the same context the Spanish authorities
have requested the suspension of the Common Customs
( 1 ) Opinion of 15 November 2011 (not yet published in the Official
Tariff duties for three new products falling within
Journal).
CN codes 3902 10, 3903 11 and 3906 10. This
( 2 ) Opinion of 22 September 2011 (not yet published in the Official
Journal).
request was accepted as these suspensions would
( 3 ) OJ L 111, 26.4.2002, p. 1.
strengthen the economy of the Canary Islands.
L 345/2
EN
Official Journal of the European Union
29.12.2011
(7) In
order
to
ensure
that
only
economic
operators
located
Article 2
on the territory of the Canary Islands benefit from those
tariff measures, the suspensions should be made condi
From 1 January 2012 to 31 December 2021, the Common
tional on the end-use of the products, in accordance with
Customs Tariff duties applicable to imports into the Canary
Council Regulation (EEC) No 2913/92 of 12 October
Islands of raw materials, parts and components falling under
1992 establishing the Community Customs Code (
the CN codes listed in Annex II and used for industrial trans
1 )
and Commission Regulation (EEC) No
2454/93 of
formation or maintenance in the Canary Islands, shall be
2 July 1993 laying down provisions for the implemen
suspended in full.
tation of Council Regulation (EEC) No 2913/92 estab
lishing the Community Customs Code ( 2 ).
Article 3
The suspension of duties referred to in Articles 1 and 2 shall be
(8)
In case of a deflection of trade and in order to ensure
subject to end-use in accordance with Articles 21 and 82 of
uniform conditions for the implementation of this Regu
Regulation (EEC) No 2913/92 and to the controls provided for
lation, implementing powers should be conferred on the
in Articles 291 to 300 of Regulation (EEC) No 2454/93.
Commission allowing the Commission to temporarily
withdraw the suspension. Those powers should be
exercised in accordance with Regulation (EU)
No 182/2011 of the European Parliament and of the
Article 4
Council of 16 February 2011 laying down the rules
1. Where
the
Commission
has
reasons
to
believe
that
the
and general principles concerning mechanisms for
suspensions laid down in this Regulation have led to a
control by Member States of the Commission’s exercise
deflection of trade for a specific product, it may adopt imple
of implementing powers ( 3 ).
menting acts, temporarily withdrawing the suspension for a
period not longer than 12 months. Those implementing acts
shall be adopted in accordance with the examination procedure
(9) Amendments
to
the
Combined
Nomenclature
may
not referred to in Article 8.
give rise to any substantive changes to the nature of the
suspension of duties. The power to adopt acts in
accordance with Article 290 of the Treaty should
Import duties for products for which the suspension has been
therefore be delegated to the Commission for the
temporarily withdrawn shall be secured by a guarantee, and the
purpose of making necessary amendments and
release of the products concerned for free circulation in the
technical adaptations to the list of goods for which a
Canary Islands shall be conditional upon the provision of
suspension applies. The Commission, when preparing
such guarantee.
and drawing up delegated acts, should ensure a timely
and appropriate transmission of relevant documents to
the Council.
2. When
the
Council
decides,
in
accordance
with
the
procedure laid down in the Treaty, within a 12-month period,
that the suspension should definitively be withdrawn, the
(10) In
order
to
ensure
continuity
with
the
measures
set
out
in Regulation (EC) No 704/2002, it is necessary to apply
amounts of duties secured by guarantees shall be collected
the measures provided in this Regulation from 1 January
definitively.
2012,
3. If
no
definitive
decision
has
been
adopted
within
the
12-
HAS ADOPTED THIS REGULATION:
month period in accordance with paragraph 2, the securities
shall be released.
Article 1
Article 5
From 1 January 2012 to 31 December 2021, the Common
Customs Tariff duties applicable to imports into the Canary
The Commission shall be empowered to adopt delegated acts in
Islands of capital goods for commercial or industrial use
accordance with Article 6 concerning amendments and
falling under the CN codes listed in Annex I shall be
technical adaptations to Annexes I and II as are required as a
suspended in full.
consequence of amendments to the Combined Nomenclature.
Those goods shall be used in accordance with the relevant
Article 6
provisions of Regulation (EEC) No 2913/92 and of Regulation
1. The
power
to
adopt
the
delegated
acts
is
conferred
on
the
(EEC) No 2454/93 for a period of at least 24 months after the
Commission subject to the conditions laid down in this Article.
release into free circulation by economic operators located in
the Canary Islands.
2. The power to adopt the delegated acts referred to in
( 1 ) OJ L 302, 19.10.1992, p. 1.
( 2 ) OJ L 253, 11.10.1993, p. 1.
Article 5 shall be conferred on the Commission for an indeter
( 3 ) OJ L 55, 28.2.2011, p. 13.
minate period of time as from 1 January 2012.
EN
29.12.2011 Official
Journal
of
the
European
Union
L
345/3
3. The
delegation
of
power
referred
to
in
Article
5
may
be
Article 8
revoked at any time by the Council. A decision to revoke shall
put an end to the delegation of the power specified in that
1. The
Commission
shall
be
assisted
by
the
Customs
Code
decision. It shall take effect the day following the publication
Committee, established by Article 247a(1) of Regulation (EEC)
of the decision in the Official Journal of the European Union or at
No 2913/92. That committee shall be a committee within the
a later date specified therein. It shall not affect the validity of
meaning of Regulation (EU) No 182/2011.
any delegated acts already in force.
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
notify it to the Council.
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
Regulation (EU) No 182/2011 shall apply.
5. A
delegated
act
adopted
pursuant
to
Article
5
shall
enter
into force only if no objection has been expressed by the
Council within a period of two months of notification of that
act to the Council or if, before the expiry of that period, the
Council has informed the Commission that it will not object.
Article 9
This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.
Article 7
The European Parliament shall be informed of the adoption of
delegated acts by the Commission, of any objection formulated
to them, or of the revocation of the delegation of powers by the
Council.
It shall apply from 1 January 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2011.
For the Council
The President
M. KOROLEC
L 345/4
EN
Official Journal of the European Union
29.12.2011
ANNEX I
Capital goods for commercial or industrial use falling within CN codes ( 1 )
4011 20 8450
20 8522
90
80 9006
53
80
4011 30 8450
90 8523
21 9006
59
4011 61 8469
00
91 9007
10
4011 62 8472 8523
29
39 9007
20
4011 63 8523
29
90 9008
50
4011 69 8523
49
99
4011 92 8523
51
99
4011 93 8473 8523
59
99
4011 94 8523
80
99
4011 99 8501 8525
50 9010
10
5608 8525
80
11 9010
50
6403 40 8525
80
19 9011
6403 51 05 8526
6403 59 05
6403 91 05
6403 99 05
9012
8415
9030 10
8701
9030 31
9030 33
8702 9106
8704 21 31 9107
8418 30 80 8704
21
39 9207
8418 40 80 8704
21
91
8418 50 8704
21
99 9506
91
90
8418 61 8704
22 9507
10
8418 69 8704
23 9507
20
90
8418 91 8704
31
31 9507
30
8418 99 8704
31
39
8427 8704
31
91
( 1 ) As defined in Commission Implementing Regulation (EU) No 1006/2011 of 27 September 2011 amending Annex I to Council
Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 282, 28.10.2011,
p. 1).
EN
29.12.2011 Official
Journal
of
the
European
Union
L
345/5
8431 20 8704
31
99
8443 31
8704 32
8443 32 8518
40
30 8704
90
8443 39 10
8443 39 39 8518
90 8705
8519 20 9006
10
8450 11 90 8519
81
51
8450 12 8521
10
95 9006
30
8450 19 8522
90
49 9006
52
L 345/6
EN
Official Journal of the European Union
29.12.2011
ANNEX II
Raw materials, parts and components used for agricultural purposes, industrial transformation or maintenance
falling within CN codes ( 1 )
3901 5501
3902 10 5502
3903 11 5503 8706
3904 10 5504 8707
3906 10 5505 8708
4407 21
8714
5506
4407 22 5507
5108 5508
10
10
4407 25 5110 5508
20
10
5111 5509
5510
4407 26 5512
5513
5514 9002
90
4407 29 5515 9006
91
5516 9007
91
6001 9007
92
6002 9008
90
5112 9010
90
6217 90 9104
4407 99 6305 9108
4410
9109
4412
5205
5208 9110
5209
5210
5212 6309
5401 10 12 6406
5401 10 14 7601 9111
5401 20 10 9112
( 1 ) As defined in Commission Implementing Regulation (EU) No 1006/2011 of 27 September 2011 amending Annex I to Council
Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 282, 28.10.2011,
p. 1).
EN
29.12.2011 Official
Journal
of
the
European
Union
L
345/7
5402 8529
10
80 9114
5403 8529
10
95
5404 11 8529
90
5404 90
5407
5408
29.12.2011 Official
Journal
of
the
European
Union
L
345/1
I
(Legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 1386/2011
of 19 December 2011
temporarily suspending autonomous Common Customs Tariff duties on imports of certain
industrial products into the Canary Islands
THE COUNCIL OF THE EUROPEAN UNION,
Common Customs Tariff duties for a number of products
in accordance with Article 349 of the Treaty. The justifi
cation of their request was that in view of the remoteness
Having regard to the Treaty on the Functioning of the European
of those islands, the economic operators suffer severe
Union, and in particular Article 349 thereof,
economic and commercial disadvantages which have
negative effects on demographic trends, employment
and social and economic developments.
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national
(3) The
Canary
Islands
industrial
sector,
together
with
Parliaments,
construction, has been severely affected by the recent
economic crisis. The slump in building depressed all
the auxiliary industry that depends on it. Unfavourable
Having regard to the opinion of the European Parliament ( 1 ),
financial conditions had a serious impact on many areas
of business. In addition, the sharp rise in unemployment
in Spain aggravated the slump in domestic demand,
Having regard to the opinion of the European Economic and
including demand for industrial products.
Social Committee ( 2 ),
After consulting the Committee of the Regions,
(4) Unemployment
in
the
Canary
Islands
has
been
consistently exceeding the national average for Spain
for the last 10 years and, since 2009, the Canary
Acting in accordance with a special legislative procedure,
Islands have recorded the highest level throughout the
country (Eurostat: Regional statistics — Unemployment
rate, by NUTS 2 regions, 1999-2009). Moreover, more
Whereas:
than half of the industrial production of the Canary
Islands is consumed there, which is particularly serious
since demand there has been hit harder.
(1) According
to
Council
Regulation
(EC)
No
704/2002
of
25 March 2002 temporarily suspending autonomous
Common Customs Tariff duties on imports of certain
industrial products and opening and providing for the
(5) Therefore,
with
the
aim
of
giving
a
long-term
perspective
administration of autonomous Community tariff quotas
to investors and enabling economic operators to reach a
on imports of certain fishery products into the Canary
level of industrial and commercial activities which
Islands ( 3 ), the Common Customs Tariff duty suspension
stabilises the economic and social environment on the
for certain capital goods for commercial or industrial use
Canary Islands, it is appropriate to prolong in full the
is to expire on 31 December 2011.
suspension of the Common Customs Tariff duties for
certain goods as detailed in Annex II and Annex III to
Regulation (EC) No 704/2002 for a period of 10 years.
(2) In
September
2010,
the
government
of
Spain
requested
on behalf of the government of the Canary Islands, the
prolongation of the suspension of the autonomous
(6)
In addition, in the same context the Spanish authorities
have requested the suspension of the Common Customs
( 1 ) Opinion of 15 November 2011 (not yet published in the Official
Tariff duties for three new products falling within
Journal).
CN codes 3902 10, 3903 11 and 3906 10. This
( 2 ) Opinion of 22 September 2011 (not yet published in the Official
Journal).
request was accepted as these suspensions would
( 3 ) OJ L 111, 26.4.2002, p. 1.
strengthen the economy of the Canary Islands.
L 345/2
EN
Official Journal of the European Union
29.12.2011
(7) In
order
to
ensure
that
only
economic
operators
located
Article 2
on the territory of the Canary Islands benefit from those
tariff measures, the suspensions should be made condi
From 1 January 2012 to 31 December 2021, the Common
tional on the end-use of the products, in accordance with
Customs Tariff duties applicable to imports into the Canary
Council Regulation (EEC) No 2913/92 of 12 October
Islands of raw materials, parts and components falling under
1992 establishing the Community Customs Code (
the CN codes listed in Annex II and used for industrial trans
1 )
and Commission Regulation (EEC) No
2454/93 of
formation or maintenance in the Canary Islands, shall be
2 July 1993 laying down provisions for the implemen
suspended in full.
tation of Council Regulation (EEC) No 2913/92 estab
lishing the Community Customs Code ( 2 ).
Article 3
The suspension of duties referred to in Articles 1 and 2 shall be
(8)
In case of a deflection of trade and in order to ensure
subject to end-use in accordance with Articles 21 and 82 of
uniform conditions for the implementation of this Regu
Regulation (EEC) No 2913/92 and to the controls provided for
lation, implementing powers should be conferred on the
in Articles 291 to 300 of Regulation (EEC) No 2454/93.
Commission allowing the Commission to temporarily
withdraw the suspension. Those powers should be
exercised in accordance with Regulation (EU)
No 182/2011 of the European Parliament and of the
Article 4
Council of 16 February 2011 laying down the rules
1. Where
the
Commission
has
reasons
to
believe
that
the
and general principles concerning mechanisms for
suspensions laid down in this Regulation have led to a
control by Member States of the Commission’s exercise
deflection of trade for a specific product, it may adopt imple
of implementing powers ( 3 ).
menting acts, temporarily withdrawing the suspension for a
period not longer than 12 months. Those implementing acts
shall be adopted in accordance with the examination procedure
(9) Amendments
to
the
Combined
Nomenclature
may
not referred to in Article 8.
give rise to any substantive changes to the nature of the
suspension of duties. The power to adopt acts in
accordance with Article 290 of the Treaty should
Import duties for products for which the suspension has been
therefore be delegated to the Commission for the
temporarily withdrawn shall be secured by a guarantee, and the
purpose of making necessary amendments and
release of the products concerned for free circulation in the
technical adaptations to the list of goods for which a
Canary Islands shall be conditional upon the provision of
suspension applies. The Commission, when preparing
such guarantee.
and drawing up delegated acts, should ensure a timely
and appropriate transmission of relevant documents to
the Council.
2. When
the
Council
decides,
in
accordance
with
the
procedure laid down in the Treaty, within a 12-month period,
that the suspension should definitively be withdrawn, the
(10) In
order
to
ensure
continuity
with
the
measures
set
out
in Regulation (EC) No 704/2002, it is necessary to apply
amounts of duties secured by guarantees shall be collected
the measures provided in this Regulation from 1 January
definitively.
2012,
3. If
no
definitive
decision
has
been
adopted
within
the
12-
HAS ADOPTED THIS REGULATION:
month period in accordance with paragraph 2, the securities
shall be released.
Article 1
Article 5
From 1 January 2012 to 31 December 2021, the Common
Customs Tariff duties applicable to imports into the Canary
The Commission shall be empowered to adopt delegated acts in
Islands of capital goods for commercial or industrial use
accordance with Article 6 concerning amendments and
falling under the CN codes listed in Annex I shall be
technical adaptations to Annexes I and II as are required as a
suspended in full.
consequence of amendments to the Combined Nomenclature.
Those goods shall be used in accordance with the relevant
Article 6
provisions of Regulation (EEC) No 2913/92 and of Regulation
1. The
power
to
adopt
the
delegated
acts
is
conferred
on
the
(EEC) No 2454/93 for a period of at least 24 months after the
Commission subject to the conditions laid down in this Article.
release into free circulation by economic operators located in
the Canary Islands.
2. The power to adopt the delegated acts referred to in
( 1 ) OJ L 302, 19.10.1992, p. 1.
( 2 ) OJ L 253, 11.10.1993, p. 1.
Article 5 shall be conferred on the Commission for an indeter
( 3 ) OJ L 55, 28.2.2011, p. 13.
minate period of time as from 1 January 2012.
EN
29.12.2011 Official
Journal
of
the
European
Union
L
345/3
3. The
delegation
of
power
referred
to
in
Article
5
may
be
Article 8
revoked at any time by the Council. A decision to revoke shall
put an end to the delegation of the power specified in that
1. The
Commission
shall
be
assisted
by
the
Customs
Code
decision. It shall take effect the day following the publication
Committee, established by Article 247a(1) of Regulation (EEC)
of the decision in the Official Journal of the European Union or at
No 2913/92. That committee shall be a committee within the
a later date specified therein. It shall not affect the validity of
meaning of Regulation (EU) No 182/2011.
any delegated acts already in force.
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
notify it to the Council.
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
Regulation (EU) No 182/2011 shall apply.
5. A
delegated
act
adopted
pursuant
to
Article
5
shall
enter
into force only if no objection has been expressed by the
Council within a period of two months of notification of that
act to the Council or if, before the expiry of that period, the
Council has informed the Commission that it will not object.
Article 9
This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.
Article 7
The European Parliament shall be informed of the adoption of
delegated acts by the Commission, of any objection formulated
to them, or of the revocation of the delegation of powers by the
Council.
It shall apply from 1 January 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2011.
For the Council
The President
M. KOROLEC
L 345/4
EN
Official Journal of the European Union
29.12.2011
ANNEX I
Capital goods for commercial or industrial use falling within CN codes ( 1 )
4011 20 8450
20 8522
90
80 9006
53
80
4011 30 8450
90 8523
21 9006
59
4011 61 8469
00
91 9007
10
4011 62 8472 8523
29
39 9007
20
4011 63 8523
29
90 9008
50
4011 69 8523
49
99
4011 92 8523
51
99
4011 93 8473 8523
59
99
4011 94 8523
80
99
4011 99 8501 8525
50 9010
10
5608 8525
80
11 9010
50
6403 40 8525
80
19 9011
6403 51 05 8526
6403 59 05
6403 91 05
6403 99 05
9012
8415
9030 10
8701
9030 31
9030 33
8702 9106
8704 21 31 9107
8418 30 80 8704
21
39 9207
8418 40 80 8704
21
91
8418 50 8704
21
99 9506
91
90
8418 61 8704
22 9507
10
8418 69 8704
23 9507
20
90
8418 91 8704
31
31 9507
30
8418 99 8704
31
39
8427 8704
31
91
( 1 ) As defined in Commission Implementing Regulation (EU) No 1006/2011 of 27 September 2011 amending Annex I to Council
Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 282, 28.10.2011,
p. 1).
EN
29.12.2011 Official
Journal
of
the
European
Union
L
345/5
8431 20 8704
31
99
8443 31
8704 32
8443 32 8518
40
30 8704
90
8443 39 10
8443 39 39 8518
90 8705
8519 20 9006
10
8450 11 90 8519
81
51
8450 12 8521
10
95 9006
30
8450 19 8522
90
49 9006
52
L 345/6
EN
Official Journal of the European Union
29.12.2011
ANNEX II
Raw materials, parts and components used for agricultural purposes, industrial transformation or maintenance
falling within CN codes ( 1 )
3901 5501
3902 10 5502
3903 11 5503 8706
3904 10 5504 8707
3906 10 5505 8708
4407 21
8714
5506
4407 22 5507
5108 5508
10
10
4407 25 5110 5508
20
10
5111 5509
5510
4407 26 5512
5513
5514 9002
90
4407 29 5515 9006
91
5516 9007
91
6001 9007
92
6002 9008
90
5112 9010
90
6217 90 9104
4407 99 6305 9108
4410
9109
4412
5205
5208 9110
5209
5210
5212 6309
5401 10 12 6406
5401 10 14 7601 9111
5401 20 10 9112
( 1 ) As defined in Commission Implementing Regulation (EU) No 1006/2011 of 27 September 2011 amending Annex I to Council
Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 282, 28.10.2011,
p. 1).
EN
29.12.2011 Official
Journal
of
the
European
Union
L
345/7
5402 8529
10
80 9114
5403 8529
10
95
5404 11 8529
90
5404 90
5407
5408
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