52000PC0557

Proposal for a COUNCIL REGULATION amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. The Council approved, on behalf of the Community, by its Decision No 97/359/EC the Agreement on trade in information technology products (ITA) together with a communication on its implementation.

2. This agreement lists positively specific products to be covered by the agreement wherever they are classified in the Harmonised System (Attachment B and part of Attachment A, Section 2). For Attachment B products, ITA participants have created in their tariff schedules the necessary lines covering such products and have accordingly informed other participants.

3. Under the ITA, a process has been set up whereby participants meet to consider any divergence among them in classifying information technology products, beginning with the products specified in Attachment B. As a result of this process, certain modifications to the EU tariff will be required by creating or deleting certain subheadings to the HS nomenclature in order to respect the Community's tariff commitments under the ITA.

4. The purpose of this proposal is to cover one specific type of product which is considered to be covered by the ITA but for which the ITA tariff treatment is currently not granted.

5. In the light of the foregoing, it is proposed to amend Annex I to Council Regulation (EEC) No 2658/87 accordingly.

2000/0229 (ACC)

Proposal for a

COUNCIL REGULATION

amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Council Regulation (EEC) No 2658/8 17] of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff [2], as last amended by Regulation (EC) No 1264/2000 [3] of 8 June 2000, established a nomenclature of goods, known as the Combined Nomenclature, and sets out the conventional duty rates of the Common Customs Tariff.

[1]

[2] OJ L 256, 07.09.1987, p. 1.

[3] OJ L 144, 17.06.2000, p. 6.

(2) By its Decision (97/359/EC) [4] of 24 March 1997 concerning the elimination of duties on information technology products, the Council approved the Agreement on trade in information technology products, known as the "Information Technology Agreement" (ITA), together with the Communication on its implementation on behalf of the Community.

[4] OJ L 155, 12.06.1997, p. 1

(3) According to this agreement, participants shall meet to consider any divergence among them in classifying information technology products, beginning with the products specified in Attachment B. As a result of this process, modifications to the Community's tariff schedule, reproduced in Regulation (EC) No 2658/87, are required.

HAS ADOPTED THIS REGULATION:

Article 1

1. Annex I of Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff is amended as set out in the annex to this regulation.

2. The amendments to the CN subheadings provided for in this Regulation shall be applicable as TARIC subheadings until their insertion into the Combined Nomenclature in accordance with Article 12 of Regulation (EEC) No 2658/87.

Article 2

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

It shall apply from 1 October 2000.

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

Done at Brussels,

For the Council

The President

ANNEX

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FINANCIAL STATEMENT

1. Title of operation

Proposal for a Council Regulation amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

2. Budget heading(s) involved

Chapter 12 Article 120

3. Legal basis

Article 26 of the Treaty

4. Description of operation

Implementing a tariff commitment resulting from the Information Technology Agreement

5. Financial impact

No change as compared with the financial impact stated for the adoption of the Information Technology Agreement

6. Fraud prevention measures

Application of the normal measures under the Community Customs Code.