Legal provisions of COM(2020)496 - Elimination of customs duties on certain products

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dossier COM(2020)496 - Elimination of customs duties on certain products.
document COM(2020)496 EN
date December 16, 2020

Contents

Article 1 - Elimination of customs duties

The applicable import customs duties of the Common Customs Tariff shall be 0 % (free of duty) for the goods classified in the tariff lines listed in Section I of the Annex on an erga omnes basis.

Article 2 - Conditions for the elimination of customs duties

The elimination of the customs duties for the goods classified in the tariff lines listed in Section I of the Annex shall be subject to the following conditions:

(a)the reduction of customs duties by the United States on an erga omnes basis for the goods classified in the tariff lines listed in Section II of the Annex; and

(b)the abstention by the United States from the introduction of new measures against the Union that undermine the objectives pursued by the Joint Statement.

Article 3 - Temporary suspension

If the United States does not comply with the conditions set out in Article 2, or if there is sufficient evidence of a future failure of the United States to comply with those conditions, the Commission may adopt an implementing act suspending the elimination of customs duties referred to in Article 1 until the conditions set out in Article 2 are complied with. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 4(2).

Article 4 - Committee procedure

1. The Commission shall be assisted by the Customs Code Committee established by Article 285 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (4). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 5 - Entry into force and application

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

2. This Regulation shall apply from 1 August 2020 to 31 July 2025.

3. The Commission shall publish a notice of suspension in the Official Journal of the European Union in the event that the application of this Regulation is suspended pursuant to Article 3 or in the event that this Regulation ceases to apply before 31 July 2025.

4. At the request of the economic operators concerned, the national customs authorities of the Member States concerned shall reimburse any duties paid in excess of those applicable in accordance with this Regulation for imports from the United States between 1 August 2020 and 18 December 2020.

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