Explanatory Memorandum to COM(2011)850 - Suspension of the autonomous Common Customs Tariff duties on certain agricultural, fishery and industrial products - Main contents
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| dossier | COM(2011)850 - Suspension of the autonomous Common Customs Tariff duties on certain agricultural, fishery and industrial products. |
|---|---|
| source | COM(2011)850  |
| date | 05-12-2011 |
The Commission decided to propose a new base regulation on autonomous tariff suspensions. This became necessary as Council Regulation (EC) 1255/96 of 27 June 1996 i has been amended 30 times and corrected thrice. Therefore, in the interests of transparency, it is proposed to repeal the said Regulation and replace it by the current proposal.
The production in the Union of the products specified in this regulation does not exist or is inadequate and, therefore, by allowing enterprises to obtain supplies at a lower cost for a certain period, it would become possible to stimulate economic activity within the Union, to improve the competitive capacity of these enterprises and, in particular, to enable the latter to maintain or create employment, modernise their structures, etc.
In this context, it should be pointed out that goods imported under the tariff suspension arrangements enjoy freedom of movement throughout the Union; consequently, once a tarif suspension is granted, any operator in any Member State is eligible to benefit from it.
Since autonomous tariff suspensions constitute an exception to the general rule represented by the Common Customs Tariff, they must, like all derogations, surveilled and reviewed systematically on a regular basis (at least every five years). This should not exclude the termination of certain measures earlier if it is no longer in the Union's interest to maintain suspension of autonomous Common Customs Tariff duties or because of technical product developments and economic trends on the market justify it or changed circumstances.
The Annex in the attached proposal consists of products which have been published already by Council Regulation (EC) No 1255/96 as last amended by Regulation (EC) No 631/2011 as well as a number of agricultural and industrial products which were reviewed following this last amendment.
The Commission assisted by the ETQG, has reviewed all the new requests for temporary suspension of autonomous Common Customs Tariff duties presented to it by the Member States. These new requests for suspension were examined in the light of the criteria set out in the Communication from the Commission concerning autonomous tariff suspensions and quotas (see OJ C 128, 25.4.1998, p.
2).
The proposal is in line with the trade, entreprise, development and external relations policies. Especially this proposal is not at the expense of countries enjoying a preferential trading agreement with the EU (e.g. GSP, ACP regime, candidate countries and potential candidates).
Contents
The Economic Tariff Questions Group representing the industries of each Member State was consulted. All listed suspensions correspond to agreements or compromises reached in the discussions of the group.
There was no mention of potentially serious risks with irreversible consequences.
This proposal will follow an inter-service consultation procedure and will be published after its adoption by the Council.
The legal basis of this regulation proposal is Article 31 of the Treaty on the Functioning of the European Union.
The proposal falls under the exclusive competence of the Union.
The proposal complies with the principle of proportionality as this set of measures is in line with the principles set out to simplify the procedures for the operators engaged in foreign trade and in accordance with the Commission communication concerning autonomous tariff suspensions and quotas (C 128, 25.4.1998, p.2).
By virtue of Article 31 of the Treaty on the Functioning of the European Union autonomous tariff suspensions and quotas are approved by the Council acting by qualified majority on the basis of a Commission proposal, therefore a regulation is the appropriate instrument.
Uncollected customs duties of a total amount of approximately 1 032 Mio €/year. The effect on the traditional own resources of the budget is -774 Mio €/year (75% x 1 032 Mio €/year).