Council Regulation (EC) No 595/2008

of 16 June 2008

amending Regulation (EC) No 1255/96 temporarily suspending the autonomous common customs tariff duties on certain industrial, agricultural and fishery products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 26 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) It is in the Community's interest to suspend partially or totally the autonomous common customs tariff duties on a number of new products not listed in the Annex to Council Regulation (EC) No 1255/96 [1].

(2) The CN and TARIC codes 5603121020 and 8504408420 for two products which are listed in the Annex to Regulation (EC) No 1255/96 should be withdrawn from that list because it is no longer in the Community's interest to maintain suspension of autonomous common customs tariff duties.

(3) In addition, the descriptions of eight products need to be altered in order to take account of technical product developments and economic trends on the market. Those products should be considered as withdrawn from the list and should as a consequence be inserted in it as new products.

(4) Experience has shown the need to provide for an expiry date for the suspensions listed in Regulation (EC) No 1255/96 to ensure that account is taken of technological and economic changes. That should not exclude the premature termination of certain measures or their continuation beyond that period, if economic reasons are submitted, in accordance with the principles laid down in the Commission Communication of 1998 concerning autonomous tariff suspensions and quotas [2].

(5) Regulation (EC) No 1255/96 should therefore be amended accordingly.

(6) Having regard to the economic importance of this Regulation, it is necessary to rely on the grounds of urgency provided for in point 1.3 of the Protocol on the role of national parliaments in the European Union annexed to the Treaty on European Union and to the Treaties establishing the European Communities.

(7) Since the suspensions laid down in this Regulation have to take effect from 1 July 2008, this Regulation should apply from the same date and enter into force immediately,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 1255/96 is hereby amended as follows:

1. the rows for the products listed in Annex I to this Regulation shall be inserted;

2. the rows for the products for which the CN and TARIC codes are given in Annex II to this Regulation shall be deleted.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 July 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 16 June 2008.

For the Council

The President

D. Rupel

[1] OJ L 158, 29.6.1996, p. 1. Regulation as last amended by Regulation (EC) No 1527/2007 (OJ L 349, 31.12.2007, p. 7).

[2] OJ C 128, 25.4.1998, p. 2.

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ANNEX I

Products referred to in Article 1(1):

CN code | TARIC | Description | Rate of autonomous duty | Validity period |

ex20086019 | 30 | Sweet cherries containing added spirit, whether or not with a sugar content of 9 % by weight, of a diameter of not more than 19,9 mm with stone, for use in chocolate products [1] | 10 % [2] | 1.7.2008- 31.12.2012 |

ex20086039 | 30 |

ex28351000 | 10 | Sodium hypophosphite monohydrate | 0 % | 1.7.2008- 31.12.2012 |

ex28391900 | 10 | Disodium disilicate | 0 % | 1.7.2008- 31.12.2012 |

ex28418000 | 10 | Diammonium wolframate (ammonium paratungstate) | 0 % | 1.7.2008- 31.12.2012 |

ex28500020 | 30 | Titanium nitride with a particle size of not more than 250 nm | 0 % | 1.7.2008- 31.12.2012 |

ex29309085 | 82 | Sodium toluene-4-sulphinate | 0 % | 1.7.2008- 31.12.2012 |

ex29309085 | 83 | Methyl-p-tolyl sulphone | 0 % | 1.7.2008- 31.12.2012 |

ex29342080 | 40 | 1,2-Benzisothiazol-3(2H)-one (Benzisothiazolinone (BIT)) | 0 % | 1.7.2008- 31.12.2012 |

ex38089315 | 10 | Preparation based on a concentrate containing by weight 45 % or more but not more than 55 % of the active herbicidal ingredient Penoxsulam as an aqueous suspension | 0 % | 1.7.2008- 31.12.2012 |

ex38151990 | 41 | Catalysts in the form of tablets, consisting of 60 % (± 2 %) by weight of copper oxide on a support of aluminium oxide | 0 % | 1.7.2008- 31.12.2012 |

ex38159090 | 85 | Catalyst based on aluminosilicate (zeolite), for the alkylation of aromatic hydrocarbons, for the transalkylation of alkylaromatic hydrocarbons or for the oligomerisation of olefins [1] | 0 % | 1.7.2008- 31.12.2012 |

ex38249097 | 70 | Paste containing by weight 75 % or more, but not more than 85 % of copper, and also containing inorganic oxides, ethyl cellulose and a solvent | 0 % | 1.7.2008- 31.12.2012 |

ex38249097 | 78 | Mixture of phytosterols derived from wood and wood based oils (tall oil), in the form of powder with a particle size not more than 300 μm, containing by weight: 60 % or more, but not more than 80 % of sitosterols,not more than 15 % of campesterols,not more than 5 % of stigmasterols,not more than 15 % of betasitostanols | 0 % | 1.7.2008- 31.12.2012 |

ex39041000 | 20 | Poly(vinyl chloride) powder, not mixed with any other substances, with a degree of polymerisation of 1000 (± 100) monomer units, a coefficient of heat transmission (K-value) of 60 or more, but not more than 70, a bulk density of 0,35 g/cm3 or more, but not more than 0,55 g/cm3, a volatile material content of less than 0,35 % by weight, a medium average grain size of 40 μm or more, but not more than 70 μm and a sieve non- passing fraction at a mesh width of 120 μm of not more than 1 % by weight, not containing any vinyl acetate monomers, for the manufacture of battery separators [1] | 0 % | 1.7.2008- 31.12.2012 |

ex39191069 | 91 | Acrylic foam tape, covered on one side with a heat activatable adhesive or an acrylic pressure sensitive adhesive and on the other side with an acrylic pressure sensitive adhesive and a release sheet, of a peel adhesion at an angle of 90° of more than 25 N/cm (as determined by the ASTM D 3330 method) | 0 % | 1.7.2008- 31.12.2012 |

ex39199069 | 96 |

ex39199069 | 97 | Rolls of biaxially oriented polypropylene film with: a self adhesive coating,a width of 363 mm or more, but not more than 507 mm,a total film thickness of 10 μm or more but not more than 100 μm,for use in the protection of LCD displays during the manufacturing of LCD modules [1] | 0 % | 1.7.2008- 31.12.2012 |

ex39206219 | 80 | Poly(ethylene terephtalate) film of a thickness of not more than 20 μm, coated on both sides with a gas barrier layer consisting of a polymeric matrix in which silica has been dispersed and of a thickness of not more than 2 μm | 0 % | 1.7.2008- 31.12.2012 |

ex39206219 | 82 |

ex39209200 | 30 | Polyamide film of a thickness of not more than 20 μm, coated on both sides with a gas barrier layer which consists of a polymeric matrix in which silica has been dispersed and of a thickness not exceeding 2 μm | 0 % | 1.7.2008- 31.12.2012 |

ex56031110 | 20 | Non-wovens, not weighing more than 20 g/m2, containing spun-bonded and melt-blown filaments put together in a sandwich way with the two outer layers containing fine endless filaments (not less than 10 μm but not more than 20 μm in diameter) and the inner layer containing super-fine endless filaments (not less than 1 μm but not more than 5 μm in diameter), for the manufacture of napkins and napkin liners for babies and similar sanitary napkins [1] | 0 % | 1.7.2008- 31.12.2012 |

ex56031190 | 20 |

ex56031290 | 50 | Non-woven: weighing 30 g/m2 or more, but not more than 60 g/m2,containing fibres of polypropylene or of polypropylene and polyethylene,whether or not printed, with:on one side, 65 % of the total surface area having circular bobbles of 4 mm in diameter, consisting of anchored, elevated un-bonded curly fibres, suitable for the engagement of extruded hook materials, and the remaining 35 % of the surface area being bonded,and on other side a smooth untextured surface,for use in the manufacture of napkins and napkin liners for babies and similar sanitary articles [1] | 0 % | 1.7.2008- 31.12.2012 |

ex70051025 | 10 | Float glass: of a thickness of 2,0 mm or more but not more than 2,4 mm,coated on one surface with a fluorine doped tin dioxide reflective layer | 0 % | 1.7.2008- 31.12.2012 |

ex70051030 | 10 | Float glass: of a thickness of 4,0 mm or more but not more than 4,2 mm,with a light transmission of 91 % or more measured using a D-type light source,coated on one surface with a fluorine doped tin dioxide reflective layer | 0 % | 1.7.2008- 31.12.2012 |

ex70060090 | 60 | Soda-lime glass plates with: a strain point of more than 570 °Ca thickness of 1,7 mm or more but not more than 2,9 mmdimensions of 1144 mm (± 0,5 mm) × 670 mm (± 0,5 mm) or 1164 mm (± 0,5 mm) × 649 mm (± 0,5 mm)and whether or not containing:an Indium-tin oxide film, ora grid of electrodes made from silver paste covered by dielectric material | 0 % | 1.7.2008- 31.12.2012 |

ex85299092 | 46 |

ex70071920 | 20 | Tempered or semi-tempered glass plate of a diagonal size of 81 cm or more, but not exceeding 186 cm, with one or more polymer layers, whether or not painted or with coloured or black ceramics around the surrounding edges, for use in the manufacture of goods falling within heading 8528 [1] | 0 % | 1.7.2008- 31.12.2012 |

ex76061210 | 10 | Strip of an alloy of aluminium and magnesium, containing by weight: 93,3 % or more of aluminium,2,2 % or more but not more than 5 % of magnesium, andnot more than 1,8 % of other elements,in rolls, of a thickness of 0,14 mm or more but not more than 0,40 mm and a width of 12,5 mm or more but not more than 89 mm, with a tensile strength of 285 N/mm2 or more and an elongation at break of 1,0 % or more | 0 % | 1.7.2008- 31.12.2012 |

ex76071190 | 20 |

ex76072099 | 10 | Aluminium laminated film of a total thickness of not more than 0,123 mm, comprising of a layer of aluminium of a thickness of not more than 0,040 mm, polyamide and polypropylene base films, and a protective coating against corrosion by hydrofluoric acid, for use in the manufacture of lithium polymer batteries [1] | 0 % | 1.7.2008- 31.12.2012 |

ex81089030 | 10 | Titanium alloy rods complying with standard EN 2002-1 or EN 4267 | 0 % | 1.7.2008- 31.12.2012 |

ex81089030 | 20 | Bars, rods and wire of alloy of titanium and aluminium, containing by weight 1 % or more but not more than 2 % of aluminium, for use in the manufacture of silencers and exhaust pipes of subheadings 870892 or 871419 [1] | 0 % | 1.7.2008- 31.12.2012 |

ex81089050 | 30 | Alloy of titanium and silicon, containing by weight 0,15 % or more but not more than 0,60 % of silicon, in sheets or rolls, for use in the manufacture of: exhaust systems for internal combustion engines ortubes and pipes of subheading 81089060 [1] | 0 % | 1.7.2008- 31.12.2012 |

ex81089050 | 40 | Titanium-alloy sheets for the manufacture of structural parts of aircrafts [1] | 0 % | 1.7.2008- 31.12.2012 |

ex81089050 | 50 | Plates, sheets, strips and foils of an alloy of titanium, copper and niobium, containing by weight 0,8 % or more but not more than 1,2 % of copper and 0,4 % or more but not more than 0,6 % of niobium | 0 % | 1.7.2008- 31.12.2012 |

ex81130090 | 10 | Carrier plate of aluminium silicon carbide (AlSiC-9) for electronic circuits | 0 % | 1.7.2008- 31.12.2012 |

ex84073390 | 10 | Spark-ignition reciprocating or rotary internal combustion piston engines, having a cylinder capacity of not less than 300 cm3 and a power of not less than 6 kW but not exceeding 20,0 kW, for the manufacture of: self-propelled lawn mowers, with a seat of sub-heading 84331151tractors of subheading 87019011, whose main function is that of a lawn mowerfour stroke mowers with motor of a cylinder capacity of not less than 300 cm3 of subheading 84332010 orsnowploughs and snow blowers of subheading 843020 [1] | 0 % | 1.7.2008- 31.12.2012 |

ex84079080 | 10 |

ex84079090 | 10 |

ex84079010 | 20 | Two-stroke internal combustion engines, having a cylinder capacity not exceeding 125 cm3, for the manufacture of lawnmowers of sub-heading 843311 or snowploughs and snow blowers of subheading 843020 [1] | 0 % | 1.7.2008- 31.12.2012 |

ex85366990 | 20 | Pitch connector for use in the manufacture of LCD television reception apparatus [1] | 0 % | 1.7.2008- 31.12.2012 |

ex90012000 | 10 | Material consisting of a polarising film, whether or not on rolls, supported on one or both sides by transparent material | 0 % | 1.7.2008- 31.12.2012 |

ex94054039 | 10 | Ambient light module with a length of 300 mm or more, but not exceeding 600 mm, based on a light engine of a series of three3 or more, but not more than nine specific one chip red green and blue light emitting diodes mounted on a PCB, with light coupled to the front and/or back of the Flat TV set [1] | 0 % | 1.7.2008- 31.12.2008 |

[1] Entry under this subheading is subject to conditions laid down in the relevant Community provisions (see Articles 291 to 300 of Commission Regulation (EEC) No 2454/93 (OJ L 253, 11.10.1993, p. 1).

[2] The specific additional duty is applicable.

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ANNEX II

Products referred to in Article 1(2):

CN code | TARIC |

38159090 | 85 |

39191069 | 91 |

39199069 | 96 |

56031110 | 20 |

56031190 | 20 |

56031210 | 20 |

56031290 | 50 |

76072099 | 10 |

81089050 | 30 |

84073390 | 10 |

84079080 | 10 |

84079090 | 10 |

84079010 | 20 |

85044084 | 20 |

90012000 | 10 |

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