COUNCIL REGULATION (EC) No 2216/97 of 3 November 1997 amending Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff and autonomously suspending collection of Common Customs Tariff duties in respect of certain information technology products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 28 and 113 thereof,

Having regard to the proposal from the Commission,

Whereas Regulation (EEC) No 2658/87 (1) established a nomenclature of goods, hereinafter referred to as the 'combined nomenclature`;

Whereas Decision 97/359/EC (2) provides for the binding and elimination by 1 January 2000 of customs duties on certain information technology products; whereas the annexes to the Singapore Ministerial Declaration of 13 December 1996 on trade in information technology products encourage parties to eliminate customs duties autonomously before the deadline; whereas it is desirable on that basis to suspend or reduce further customs duties on a number of products, including some semiconductors, covered by the said Decision;

Whereas Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (3) has resulted in exemption from customs duties for certain apparatus used in the manufacture and testing of semiconductors; whereas certain parts intended to be incorporated into such apparatus remain subject to the customs duties for the headings under which they fall; whereas the exemption does not apply to certain other apparatus, and parts thereof, for the manufacture and testing of semiconductors; whereas the exemption should be extended to the said apparatus and parts;

Whereas Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (4), and in particular Articles 21, 82, 88 and 90 thereof, and Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (5), and in particular Articles 291 et seq. thereof, lay down the conditions on which certain goods will be admitted with favourable tariff treatment by reason of their end-use; whereas it is appropriate to use those provisions for certain apparatus;

Whereas new subheadings should be inserted in the combined nomenclature for the products in question, coupled where necessary with end-use provisions; whereas the said nomenclature should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

1. Annex I, Part Two, of the combined nomenclature annexed to Regulation (EEC) No 2658/87 is hereby amended in accordance with Annex I to this Regulation.

2. The changes to the subheadings of the Combined Nomenclature, laid down by this Regulation, shall apply as Taric subheadings until their insertion into the combined nomenclature in accordance with the provisions of Article 12 of Regulation (EEC) No 2658/87.

Article 2

The autonomous duty rate applicable to the product mentioned in Annex II is to be progressively reduced according to the timetable set out in that annex.

Article 3

For CN codes 8471 10 10 to 8471 90 00, 8473 10 11, 8473 21 10 to 8473 40 11, 8473 50 10, 8473 50 90 and 8541 10 10 to 8542 90 00, in column 3 of Annex I, Part Two, to Regulation (EEC) No 2658/87, the footnote reference (z) shall be inserted after the autonomous duty rate. Footnote (z) shall read as follows:

'(z): Autonomous suspension for an indefinite period.`

Article 4

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.

Articles 1 and 2 shall apply from 1 November 1997.

Article 3 shall apply from 1 January 1998.

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

Done at Brussels, 3 November 1997.

For the Council

The President

M.-J. JACOBS

(1) OJ L 256, 7. 9. 1987, p. 1. Regulation as last amended by Regulation (EC) No 1734/96 (OJ L 238, 19. 9. 1996, p. 1).

(2) OJ L 155, 12. 6. 1997, p. 1.

(3) OJ L 336, 23. 12. 1994, p. 1.

(4) OJ L 302, 19. 10. 1992, p. 1. Regulation as last amended by Regulation (EC) No 82/97 of the European Parliament and of the Council (OJ L 17, 21. 1. 1997, p. 1).

(5) OJ L 253, 11. 10. 1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 89/97 (OJ L 17, 21. 1. 1997, p. 28).

ANNEX I

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ANNEX II

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