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23.7.2011 Official
Journal
of
the
European
Union L
193/1
I
(Legislative acts)
DECISIONS
COUNCIL DECISION No 448/2011/EU
of 19 July 2011
amending Decision 2004/162/EC as regards the products that may benefit from exemption from or
a reduction in dock dues
THE COUNCIL OF THE EUROPEAN UNION,
to it on 16 April 2010. The report from the French
authorities included a request for the list of products to
which differentiated taxation may be applied to be
Having regard to the Treaty on the Functioning of the European
adapted for French Guiana.
Union, and in particular Article 349 thereof,
(3)
On the basis of the report from the French authorities,
Having regard to the proposal from the European Commission,
the Commission presented to the Council the report
provided for in the third paragraph of Article 4 of
Decision 2004/162/EC and a proposal for amendments
After transmission of the draft legislative act to the national
to that Decision. The proposals concern either the four
parliaments,
DOMs or French Guiana specifically.
Having regard to the opinion of the European Parliament ( 1 ),
(4) It
should
first
be
noted
that
there
is
no
longer
any
local
production of certain products in the DOM concerned,
and the French authorities no longer apply differentiated
Acting in accordance with a special legislative procedure,
taxation to certain other products because those
produced locally are now at a price equivalent to that
of products from outside the DOM. Those products
should therefore be removed from the lists in the
Whereas:
Annex to Decision 2004/162/EC. This is the case in
Guadeloupe for margarine (product 1517 10 ( 3 ) and for
pebbles, gravel, etc. (product 2517 10). In the case of
Martinique the products concerned are anti-freezing
(1) Council
Decision
2004/162/EC
of
10
February
2004
concerning the dock dues in the French overseas
preparations and prepared de-icing liquids (product
departments and extending the period of validity of
3820), margarine (product 1517 10) and certain acids
Decision 89/688/EEC (
(product 2811). Lastly, the products concerned in the

2 ) authorises the French authorities
to apply exemptions from or reductions in the dock dues
case of Réunion are soya-bean oil (product 1507 90),
tax for the products listed in the Annex thereto. The
certain olive oils (product 1510
00
90), certain
maximum permitted tax differential is, depending on
chemical products (products 2828
10
00 and
the products and the overseas department in question,
2828 90 00) and certain photographic materials
10, 20 or 30 percentage points.
(product 3705 10 00).

(2) In
accordance
with
the
second
paragraph
of
Article
4
of (5) Secondly,
the
tax
differential
actually
applied
is,
for
a
Decision 2004/162/EC, on 31 July 2008 the French
limited number of products, significantly below the
authorities presented to the Commission a report on
maximum authorised. The maximum differential auth
the application of the taxation arrangements provided
orised for these products should therefore be reduced
for in that Decision. On 22 December 2008 a
as there is no specific reason to believe that an
supplement was submitted, and the further information
increase in the existing tax differential may become
requested by the Commission on 15 April 2009 was sent
necessary in the near future. For Guadeloupe, the
( 1 ) Opinion of 5 June 2011 (not yet published in the Official Journal).
( 3 ) According to the classification of the Common Customs Tariff
( 2 ) OJ L 52, 21.2.2004, p. 64.
nomenclature.

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L 193/2
EN
Official Journal of the European Union
23.7.2011
products concerned are certain meats (product 0210),
artificial stone, (product 6810 19) and certain iron
certain vegetables (products 0702, 0705, 0706 10 00,
products (products 7210, 7214 20, 7216, 7217 90 90,
0707 00, 0709 60 and 0709 90), certain kinds of
7309, 7310 and 7314).
animal feedstuffs (product 2309), certain paints
(products 3208, 3209 and 3210), certain abrasive
products (product 6805) and certain glasses for
(11) For
products
derived
from
forestry
and
other
miscel
corrective spectacles (product 7015 10 00). For French
laneous products, the products concerned are various
Guiana, the products concerned are certain kinds of
woods and joinery products (products 4403 99 95,
rice (product 1006 20). For Martinique they are certain
4407 22, 4407 99 96, 4409 29 91, 4409 29 99, 4418
cereals (product 1008 90 90), certain flours (product
(except subheadings 4418 10 50, 4418 20 50, 4418 71,
1102) and pebbles, gravel, etc. (product 2517 10).
4418 72 and 4418 79), certain categories of furniture
(products 9403 40 10 and 9406 except subheading
9406 00 31), certain printed products (products 4910
(6) Thirdly,
in
certain
cases
the
products
manufactured
and 4911) and certain items of clothing (products
locally do not appear to be less competitive than those
6109, 6205 and 6206).
coming from outside the DOMs. These concern products
currently falling within Part A of the Annex to Decision
2004/162/EC where the volume of production in the
(12) For some products already included in the lists in the
DOM concerned is high and, although the differential
Annex to Decision 2004/162/EC, still referring to French
applied is small, no imports of equivalent products
Guiana, the maximum differential concerned should be
have been recorded in the last 3 years analysed. These
extended to cover subheadings of the Combined Nomen
products should therefore be removed from the lists in
clature which they do not currently cover, or the
the Annex to Decision 2004/162/EC. For Guadeloupe
maximum differential should be increased, or both.
the products concerned are certain food production
residues (product 2302). For Réunion the products
concerned are certain residues from the manufacture of
(13) Thus
all
fruit
juices
(product
2009),
all
mineral
waters
wood pulp (product 3804 00).
containing added sugar or other sweetening matter or
flavoured (product 2202) and all plastic articles for the
conveyance or packaging of goods (product 3923)
should be included in list C of products to which a tax
(7) The
amendments
relating
specifically
to
French
Guiana,
namely the addition of new products and an increase in
differential of 30 percentage points may be applied, while
the differential authorised for certain products, are
fruit juices of subheading 2009 80, mineral waters of
justified in each case by the higher costs of the
heading 2202 10 and plastic articles for the conveyance
products manufactured locally compared with equivalent
or packaging of goods (product 3923), for which a tax
imported products manufactured in the European
differential of 20 percentage points is currently auth
territory of the Union.
orised, should be removed from list B.


(14) In
the
case
of
cements,
in
list
B
(products
to
which
a
tax
(8) The
amendments
to
be
made
in
this
respect
for
French
differential of 20 percentage points may be applied)
Guiana consist principally in adding to the lists in the
white cement (product 2523 21 00) should be replaced
Annex to Decision 2004/162/EC the products which
by other Portland cement (product 2523 29). For
were already being manufactured locally in 2004 and
structures and parts of structures of iron or steel, the
for which no request for inclusion in the list of
authorised tax differential of 20 percentage points
products to which differential taxation may be applied
should be applied to all products of heading 7308 and
was made in 2004.
not only to those of subheading 7308 90, as at present.
For articles of aluminium, the tax differential of 20
percentage points should be applied to all products of
(9)
In the agriculture, fisheries and agri-food industry sectors,
heading 7610 and not only to those of subheading
the products to be included in the lists in the Annex to
7610 90, as at present. This would mean that this tax
Decision 2004/162/EC are certain meats (products 0201,
differential could also be applied to doors, windows,
0202, 0203, 0204, 0208 and 0210), certain species of
doorframes and thresholds for doors of heading
fish (products 0304 and 0305), certain meat preparations
7610 10.
(products 1601 and 1602), certain sugar products
(product 1702), certain breads, cakes or pastries
(product 1905), certain preserved vegetables or fruit
(15) Finally,
still
in
the
case
of
French
Guiana,
three
products
(products 2001 and 2006), jams (product 2007),
which are not yet produced locally but for which there
certain sauces (product 2103), ice cream and other
are concrete plans to launch production in the near
edible ice (product 2105), certain miscellaneous food
future, should be added to the lists of products to
preparations (product 2106) and certain liqueurs and
which differentiated taxation may be applied. They are:
cordials and rum-based beverages (products 2208 70
milk (product 0401), mineral waters (product 2201) and
and 2208 90).
certain articles of stone or other mineral substances
(product 6815).
(10) In the housing and construction sector the products
concerned are certain plastic products (products 3919
(16) Decision
2004/162/EC should therefore be amended
and 3926), certain articles of cement, concrete or
accordingly,

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EN
23.7.2011 Official
Journal
of
the
European
Union L
193/3
HAS ADOPTED THIS DECISION:
It shall apply from 1 February 2012.
Article 3
Article 1
This Decision is addressed to the French Republic.
The Annex to Decision 2004/162/EC is amended in accordance
with the Annex to this Decision.
Done at Brussels, 19 July 2011.
Article 2
For the Council
This Decision shall enter into force on the day following its
The President
publication in the Official Journal of the European Union.
M. SAWICKI

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L 193/4
EN
Official Journal of the European Union
23.7.2011
ANNEX
The Annex to Decision 2004/162/EC is amended as follows:
(1) Part A is amended as follows:
(a) in point 1 the following products are inserted: ‘0210, 0702, 0705, 0706 10 00, 0707 00, 0709 60, 0709 90,
2309, 6805’, and product ‘2302’ is deleted;
(b) in point 2 the following products are inserted: ‘1006 20, 2201’;
(c) in point 3 the following products are inserted: ‘1008 90 90, 1102, 2517 10’, and product ‘2811’ is deleted;
(d) in point 4, the following products are deleted: ‘3705 10 00, 3804 00’;
(2) Part B is amended as follows:
(a) in point 1 the following products are inserted: ‘3208, 3209, 3210, 7015 10 00’, and the following products are
deleted: ‘0210, 0702, 0705, 0706 10 00, 0707 00, 0709 60, 0709 90, 2309, 6805’;
(b) in point 2 the following products are inserted: ‘0201, 0202, 0203, 0204, 0208, 0210, 0304, 0305, 0401, 1905,
2105, 2523 29, 3919, 3926, 4910, 4911, 6109, 6205, 6206, 6810 19, 6815, 7210, 7214 20, 7216,
7217 90 90, 7308, 7309, 7310, 7314, 7610’, and the following products are deleted: ‘1006 20, 2009 80,
2202 10, 2523 21 00, 3923, 7308 90, 7610 90’;
(c) in point 3 the following products are deleted: ‘1008 90 90, 1102, 3820 except 3820 00 00’;
(d) in point 4 the following products are deleted: ‘1507 90, 1510 00 90, 2828 10 00, 2828 90 00’;
(3) Part C is amended as follows:
(a) in point 1 the following products are deleted: ‘1517 10, 2517 10, 3208, 3209, 3210, 7015 10 00’;
(b) in point 2 the following products are inserted: ‘1601, 1602, 1702, 2001, 2006, 2007, 2009, 2103, 2106, 2202,
2208 70 (*), 2208 90 (*), 3923, 4403 99 95, 4407 22, 4407 99 96, 4409 29 91, 4409 29 99, 4418 except
4418 10 50, 4418 20 50, 4418 71, 4418 72 and 4418 79, 9403 40 10, 9406 except 9406 00 31’;
(c) in point 3 the following products are deleted: ‘1517 10, 2517 10’.
(*) Only rum-based products of heading 2208 40.

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