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Document 52022JC0019
Joint Proposal for a COUNCIL REGULATION concerning restrictive measures in response to the recognition of the non-government controlled areas of Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into the area
Joint Proposal for a COUNCIL REGULATION concerning restrictive measures in response to the recognition of the non-government controlled areas of Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into the area
Joint Proposal for a COUNCIL REGULATION concerning restrictive measures in response to the recognition of the non-government controlled areas of Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into the area
JOIN/2022/19 final/2
EUROPEAN COMMISSION
Brussels, 22.2.2022
JOIN(2022) 19 final/2 DOWNGRADED ON 6.2.2023
2022/0055(NLE)
Joint Proposal for a
COUNCIL REGULATION
concerning restrictive measures in response to the recognition of the non-government controlled areas of Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into the area
EXPLANATORY MEMORANDUM
(1)On XX February 2022, in response to the signing by the President of the Russian Federation of a decree recognising the “independence and sovereignty” of the non-government controlled areas of Donetsk and Luhansk oblasts of Ukraine and ordering the Russian armed forces into the area, the Council adopted Decision (CFSP) 2022/XXX [need the new title of the DECISION]
(2)Decision (CFSP) 2022/XXX imposes restrictions on goods originating in the specified territories and on the provision, directly or indirectly, of financing or financial assistance, as well as insurance and reinsurance, related to the import of such goods, with the exception of goods having been granted a certificate of origin by the Government of Ukraine.
(3)In addition, Decision (CFSP) 2022/XXX restricts trade in goods and technology for use in certain sectors in the specified territories, and prohibits services in the sectors of transport, telecommunications, energy or the prospection, exploration and production of oil, gas and mineral resources, as well as services related to tourism activities in the specified territories.
(4)These measures fall within the scope of the Treaty and, therefore, notably with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary in order to implement them.
(5)The High Representative of the Union for Foreign Affairs and Security Policy and the European Commission should make a proposal for a Regulation concerning restrictive measures in response to the recognition of the non-government controlled areas of Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into the area.
2022/0055 (NLE)
Joint Proposal for a
COUNCIL REGULATION
concerning restrictive measures in response to the recognition of the non-government controlled areas of Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into the area
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Decision (CFSP) 2022/XXX of XX February 2022 concerning restrictive measures in response to the recognition of the non-government controlled areas of Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into the area 1 ,
Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,
Whereas:
(1)On XX February 2022, in response to the signing by the President of the Russian Federation of a decree recognising the “independence and sovereignty” of the non-government controlled areas of Donetsk and Luhansk oblasts of Ukraine and ordering the Russian armed forces into the area, the Council adopted Decision (CFSP) 2022/XXX [new title]
(2)Decision (CFSP) 2022/XXX imposes restrictions on goods originating in the specified territories and on the provision, directly or indirectly, of financing or financial assistance, as well as insurance and reinsurance, related to the import of such goods, with the exception of goods having been granted a certificate of origin by the Government of Ukraine.
(3)In addition, Decision (CFSP) 2022/XXX restricts trade in goods and technology for use in certain sectors in the specified territories, and prohibits services in the sectors of transport, telecommunications, energy or the prospection, exploration and production of oil, gas and mineral resources, as well as services related to tourism activities in the specified territories.
(4)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission.
(5)Member States and the Commission should inform each other of the measures taken pursuant to this Regulation and of other relevant information at their disposal in connection with this Regulation.
(6)Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and make sure that they are implemented. Those penalties should be effective, proportionate and dissuasive.
(7)These measures fall within the scope of the Treaty and, therefore, notably with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary in order to implement them.
(8)In order to ensure that the measures provided for in this Regulation are effective, it should enter into force on the day following that of its publication,
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of this Regulation, the following definitions apply:
(a)‘brokering services’ means:
(i) the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology or of financial and technical services, including from a third country to any other third country; or
(ii) the selling or buying of goods and technology or of financial and technical services, including where they are located in third countries for their transfer to another third country;
(b)‘claim’ means any claim, whether asserted by legal proceedings or not, made before or after [date of entry into force], under or in connection with a contract or transaction, and includes in particular:
(i) a claim for performance of any obligation arising under or in connection with a contract or transaction;
(ii) a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;
(iii) a claim for compensation in respect of a contract or transaction;
(iv) a counterclaim;
(v) a claim for the recognition or enforcement, including by the procedure of exequatur, of a judgment, an arbitration award or an equivalent decision, wherever made or given;
(c)‘contract or transaction’ means any transaction of whatever form, whatever the applicable law, and whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose ‘contract’ includes a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;
(d)‘specified territories’ means the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine subject to aggression;
(e)‘entity in the specified territories’ means any entity having its registered office, central administration or principal place of business in the specified territories, its subsidiaries or affiliates under its control in the specified territories, as well as branches and other entities operating in the specified territories;
(f)‘goods originating in the specified territories’ means goods which are wholly obtained in the specified territories or which have undergone their last substantial transformation there, in accordance, mutatis mutandis, with Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code 2 ;
(g)‘investment services’ means the following services and activities:
(i) reception and transmission of orders in relation to one or more financial instruments,
(ii) execution of orders on behalf of clients,
(iii) dealing on own account,
(iv) portfolio management,
(v) investment advice,
(vi) underwriting of financial instruments and/or placing of financial instruments on a firm commitment basis,
(vii) placing of financial instruments without a firm commitment basis,
(h)‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; technical assistance includes verbal forms of assistance;
(i)‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace;
(j)‘competent authorities’ means the competent authorities of the Member States as identified on the websites listed in Annex I;
Article 2
1. It shall be prohibited:
(a)to import into the European Union goods originating in the specified territories;
(b)to provide, directly or indirectly, financing or financial assistance as well as insurance and reinsurance related to the import of the goods referred to in point (a).
2. The prohibitions in paragraph 1 shall not apply in respect of:
(a)the execution until [three months after entry into force] of trade contracts concluded before [entry into force], or of ancillary contracts necessary for the execution of such contracts, provided that the natural or legal persons, entity or body seeking to perform the contract have notified, at least 10 working days in advance, the activity or transaction to the competent authority of the Member State in which they are established.
(b)goods originating in the specified territories which have been made available to the Ukrainian authorities for examination, for which compliance with the conditions conferring entitlement to preferential origin has been verified and for which a certificate of origin has been issued in accordance with the EU-Ukraine Association Agreement.
Article 3
1.It shall be prohibited to:
(c)acquire any new or extend any existing participation in ownership of real estate located in the specified territories;
(d)acquire any new or extend any existing participation in ownership or control of an entity in the specified territories, including the acquisition in full of such entity or the acquisition of shares, and other securities of a participating nature of such entity;
(e)grant or be part of any arrangement to grant any loan or credit or otherwise provide financing, including equity capital, to an entity in the specified territories, or for the documented purpose of financing such entity;
(f)create any joint venture in the specified territories or with an entity in the specified territories;
(g)provide investment services directly related to the activities referred to in points (a) to (d).
2.The prohibitions and restrictions in this Article do not apply to the conduct of legitimate business with entities outside the specified territories where the related investments are not destined to entities in the specified territories.
3.The prohibitions in paragraph 1 shall be without prejudice to the execution of an obligation arising from a contract concluded before [entry into force], or ancillary contracts necessary for the execution of such a contract, provided that the competent authority has been informed at least five working days in advance.
Article 4
1. It shall be prohibited to sell, supply, transfer, or export goods and technology as listed in Annex II:
(a) to any natural or legal person, entity or body in the specified territories, or
(b) for use in the specified territories.
Annex II shall include certain goods and technologies suited for use in the following key sectors:
(i) transport;
(ii) telecommunications;
(iii) energy;
(iv) the prospection, exploration and production of oil, gas and mineral resources.
2. It shall be prohibited to:
(a) provide, directly or indirectly, technical assistance or brokering services related to the goods and technology as listed in Annex II, or related to the provision, manufacture, maintenance and use of such items to any natural or legal person, entity or body in the specified territories or for use in the specified territories;
(b) provide, directly or indirectly, financing or financial assistance related to the goods and technology as listed in Annex II to any natural or legal person, entity or body in the specified territories or for use in the specified territories.
3. The prohibitions in paragraphs 1 and 2 shall be without prejudice to the execution until [three months after entry into force] of an obligation arising from a contract concluded before [entry into force], or by ancillary contracts necessary for the execution of such contracts, provided that the competent authority has been informed at least five working days in advance.
Article 5
1. It shall be prohibited to provide technical assistance, or brokering, construction or engineering services directly relating to infrastructure in the specified territories in the sectors referred to in Article 4(1) as defined on the basis of Annex II, independently of the origin of the goods and technology.
2. The prohibition in paragraph 1 shall be without prejudice to the execution until [three months after entry into force] of an obligation arising from a contract concluded before [entry into force], or by ancillary contracts necessary for the execution of such a contract.
3.It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in paragraphs 1 and 2.
Article 6
1.It shall be prohibited to provide services directly related to tourism activities in the specified territories.
2.The prohibition in paragraph 1 shall be without prejudice to the execution until [three months after entry into force] of an obligation arising from a contract or an ancillary contract concluded before [entry into force], or ancillary contracts necessary for the execution of such contracts, provided that the competent authority has been informed at least five working days in advance.
Article 7
1.The competent authorities may grant, under such terms and conditions as they deem appropriate, an authorisation in relation to the activities referred to in Article 3(1) and Article 4(2), and to the goods and technology referred to in Article 4(1) provided that they are
(a)necessary for official purposes of consular missions or international organisations enjoying immunities in accordance with international law located in the specified territories;
(b)related to projects exclusively in support of hospitals, or other public health institutions providing medical services or civilian education establishments located in the specified territories; or
(c)appliances or equipment for medical use.
2.The competent authorities may also grant, under such terms and conditions as they deem appropriate, an authorisation in relation to the activities referred to in Article 3(1), provided that the transaction is for the purpose of the maintenance in order to ensure safety of existing infrastructure.
3.The competent authorities may also grant, under such terms and conditions as they deem appropriate, an authorisation in relation to the activities referred to in Article 3(1) and in Article 4(2), and to the goods and technology referred to in Article 4(1) and to the services referred to in Article 5, where the sale, supply, transfer or export of the items or the carrying out of those activities is necessary for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety, including the safety of existing infrastructure, or the environment. In duly justified cases of emergency, the sale, supply, transfer or export may proceed without prior authorisation, provided that the exporter notifies the competent authority within five working days after the sale, supply, transfer or export has taken place, providing detail about the relevant justification for the sale, supply, transfer or export without prior authorisation.
The Commission and the Members States shall inform each other of the measures taken under this paragraph and share any other relevant information at their disposal.
Article 8
It shall be prohibited to participate, knowingly and intentionally, including indirectly, in activities the object or effect of which is to circumvent the prohibitions laid down in this Regulation.
Article 9
Actions by natural or legal persons, entities or bodies shall not give rise to any liability of any kind on their part if they did not know, and had no reasonable cause to suspect, that their actions would infringe the measures set out in this Regulation.
Article 10
1.No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, particularly a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
(a)designated natural or legal persons, entities or bodies listed in Annex I to Council Regulation (EU) No 269/2014;
(b)any natural or legal person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in point (a);
(c)any natural or legal person, entity or body which has been found by an arbitral, judicial or administrative decision to have infringed the prohibitions set out in this Regulation;
(d)any natural or legal person, entity or body, if the claim relates to goods the import of which is prohibited under Article 2(1).
2.In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the natural or legal person, entity or body seeking the enforcement of that claim.
3.This Article is without prejudice to the right of natural or legal persons, entities or bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Regulation.
Article 11
1.The Commission and the Member States shall inform each other of the measures taken under this Regulation and share any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.
2.The Member States shall immediately inform each other and the Commission of any other relevant information at their disposal which might affect the effective implementation of this Regulation.
Article 12
1.Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
2.Member States shall notify the rules referred to in paragraph 1 to the Commission without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.
Article 13
1.Member States shall designate the competent authorities referred to in this Regulation and identify them on the websites listed in Annex I. Member States shall notify the Commission of any changes in the addresses of their websites listed in Annex I.
2.Member States shall notify the Commission of their competent authorities, including the contact details of those competent authorities, without delay after the entry into force of this Regulation, and shall notify it of any subsequent amendment.
3.Where this Regulation sets out a requirement to notify, inform or otherwise communicate with the Commission, the address and other contact details to be used for such communication shall be those indicated in Annex I.
Article 14
This Regulation shall apply:
(a)within the territory of the Union, including its airspace;
(b)on board any aircraft or any vessel under the jurisdiction of a Member State;
(c)to any person inside or outside the territory of the Union who is a national of a Member State;
(d)to any legal person, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under the law of a Member State;
(e)to any legal person, entity or body in respect of any business done in whole or in part within the Union.
Article 15
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 22.2.2022
JOIN(2022) 19 final/2 DOWNGRADED ON 6.2.2023
ANNEXES
to the
Council Regulation
concerning restrictive measures in response to the recognition of the non-government controlled areas of the Donetsk and Lugansk oblasts of Ukraine and the ordering of Russian armed forces into the area
ANNEX I
Websites for information on the competent authorities and address for notification to the European Commission
BELGIUM
https://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions
BULGARIA
https://www.mfa.bg/en/EU-sanctions
CZECHIA
www.financnianalytickyurad.cz/mezinarodni-sankce.html
DENMARK
http://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/
GERMANY
https://www.bmwi.de/Redaktion/DE/Artikel/Aussenwirtschaft/embargos-aussenwirtschaftsrecht.html
ESTONIA
https://vm.ee/et/rahvusvahelised-sanktsioonid
IRELAND
https://www.dfa.ie/our-role-policies/ireland-in-the-eu/eu-restrictive-measures/
GREECE
http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN
FRANCE
http://www.diplomatie.gouv.fr/fr/autorites-sanctions/
CROATIA
https://mvep.gov.hr/vanjska-politika/medjunarodne-mjere-ogranicavanja/22955
ITALY
CYPRUS
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
LUXEMBOURG
HUNGARY
https://kormany.hu/kulgazdasagi-es-kulugyminiszterium/ensz-eu-szankcios-tajekoztato
MALTA
https://foreignandeu.gov.mt/en/Government/SMB/Pages/SMB-Home.aspx
NETHERLANDS
https://www.rijksoverheid.nl/onderwerpen/internationale-sancties
AUSTRIA
https://www.bmeia.gv.at/themen/aussenpolitik/europa/eu-sanktionen-nationale-behoerden/
POLAND
https://www.gov.pl/web/dyplomacja/sankcje-miedzynarodowe
https://www.gov.pl/web/diplomacy/international-sanctions
PORTUGAL
ROMANIA
SLOVENIA
http://www.mzz.gov.si/si/omejevalni_ukrepi
SLOVAKIA
https://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_eu
FINLAND
SWEDEN
https://www.regeringen.se/sanktioner
Address for notifications to the European Commission:
European Commission
Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA)
Rue de Spa 2
B-1049 Brussels, Belgium
E-mail: relex-sanctions@ec.europa.eu
ANNEX II
List of goods and technology referred to in Article 4
|
Chapter/CN code |
Product description |
|
Chapter 25 |
SALT; SULPHUR; EARTHS AND STONE; PLASTERING MATERIALS, LIME AND CEMENT |
|
Chapter 26 |
ORES, SLAG AND ASH |
|
Chapter 27 |
MINERAL FUELS, MINERAL OILS AND PRODUCTS OF THEIR DISTILLATION; BITUMINOUS SUBSTANCES; MINERAL WAXES |
|
Chapter 28 |
INORGANIC CHEMICALS; ORGANIC OR INORGANIC COMPOUNDS OF PRECIOUS METALS, OF RARE-EARTH METALS,OF RADIOACTIVE ELEMENTS OR OF ISOTOPES |
|
Chapter 29 |
ORGANIC CHEMICALS |
|
3824 |
Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included |
|
3826 00 |
Biodiesel and mixtures thereof, not containing or containing less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals |
|
Chapter 72 |
Iron and steel |
|
Chapter 73 |
Articles of iron or steel |
|
Chapter 74 |
Copper and articles thereof |
|
Chapter 75 |
Nickel and articles thereof |
|
Chapter 76 |
Aluminium and articles thereof |
|
Chapter 78 |
Lead and articles thereof |
|
Chapter 79 |
Zinc and articles thereof |
|
Chapter 80 |
Tin and articles thereof |
|
Chapter 81 |
Other base metals; cermets; articles thereof |
|
8207 13 00 |
ROCK-DRILLING OR EARTH-BORING TOOLS, INTERCHANGEABLE, WITH WORKING PARTS OF SINTERED METAL CARBIDES OR CERMETS |
|
8207 19 10 |
ROCK-DRILLING OR EARTH-BORING TOOLS, INTERCHANGEABLE, WITH WORKING PARTS OF DIAMOND OR AGGLOMERATED DIAMOND |
|
8401 |
Nuclear reactors; fuel elements (cartridges), non-irradiated, for nuclear reactors; machinery and apparatus for isotopic separation: |
|
8402 |
Steam or other vapour generating boilers (other than central heating hot water boilers capable also of producing low pressure steam); superheated water boilers: |
|
8403 |
Central heating boilers other than those of heading 8402 |
|
8404 |
Auxiliary plant for use with boilers of heading 8402 or 8403 (for example, economisers, superheaters, soot removers, gas recoverers); condensers for steam or other vapour power units |
|
8405 |
Producer gas or water gas generators, with or without their purifiers; acetylene gas generators and similar water process gas generators, with or without their purifiers |
|
8406 |
Steam turbines and other vapour turbines: |
|
8407 |
Spark-ignition reciprocating or rotary internal combustion piston engines |
|
8408 |
Compression-ignition internal combustion piston engines (diesel or semidiesel engines): |
|
8409 |
Parts suitable for use solely or principally with the engines of heading 8407 or 8408 |
|
8410 |
Hydraulic turbines, water wheels, and regulators therefor |
|
8411 |
Turbojets, turbopropellers and other gas turbines |
|
8412 |
Other engines and motors |
|
8413 |
Pumps for liquids, whether or not fitted with a measuring device; liquid elevators: |
|
8414 |
Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters |
|
8415 |
Air-conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated |
|
8416 |
Furnace burners for liquid fuel, for pulverised solid fuel or for gas; mechanical stokers, including their mechanical grates, mechanical ash dischargers and similar appliances |
|
8417 |
Industrial or laboratory furnaces and ovens, including incinerators, nonelectric |
|
8418 |
Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air-conditioning machines of heading 8415 |
|
8420 |
Calendering or other rolling machines, other than for metals or glass, and cylinders therefor |
|
8421 |
Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases |
|
8422 |
Dishwashing machines; machinery for cleaning or drying bottles or other containers; machinery for filling, closing, sealing or labelling bottles, cans, boxes, bags or other containers; machinery for capsuling bottles, jars, tubes and similar containers; other packing or wrapping machinery (including heat-shrink wrapping machinery); machinery for aerating beverages |
|
8423 |
Weighing machinery (excluding balances of a sensitivity of 5 cg or better), including weight-operated counting or checking machines; weighing machine weights of all kinds |
|
8424 |
Mechanical appliances (whether or not hand-operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sandblasting machines and similar jet projecting machines |
|
8425 |
Pulley tackle and hoists other than skip hoists; winches and capstans; jacks |
|
8426 |
Ships' derricks; cranes, including cable cranes; mobile lifting frames, straddle carriers and works trucks fitted with a crane |
|
8427 |
Fork-lift trucks; other works trucks fitted with lifting or handling equipment |
|
8428 |
Other lifting, handling, loading or unloading machinery (for example, lifts, escalators, conveyors, teleferics |
|
8429 |
Self-propelled bulldozers, angledozers, graders, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and roadrollers |
|
8430 |
Other moving, grading, levelling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, minerals or ores; piledrivers and pile extractors; snowploughs and snowblowers |
|
8431 |
Parts suitable for use solely or principally with the machinery of headings 8425 to 8430 |
|
8432 |
Agricultural, horticultural or forestry machinery for soil preparation or cultivation; lawn or sports-ground rollers |
|
8435 |
Presses, crushers and similar machinery used in the manufacture of wine, cider, fruit juices or similar beverages |
|
8436 |
Other agricultural, horticultural, forestry, poultry-keeping or bee-keeping machinery, including germination plant fitted with mechanical or thermal equipment; poultry incubators and brooders |
|
8437 |
Machines for cleaning, sorting or grading seed, grain or dried leguminous vegetables; machinery used in the milling industry or for the working of cereals or dried leguminous vegetables, other than farm-type machinery |
|
8439 |
Machinery for making pulp of fibrous cellulosic material or for making or finishing paper or paperboard |
|
8440 |
Bookbinding machinery, including book-sewing machines |
|
8441 |
Other machinery for making up paper pulp, paper or paperboard, including cutting machines of all kinds |
|
8442 |
Machinery, apparatus and equipment (other than the machine tools of headings 8456 to 8465 ) for preparing or making plates, cylinders or other printing components; plates, cylinders and other printing components; plates, cylinders and lithographic stones, prepared for printing purposes (for example, planed, grained or polished) |
|
8443 |
Printing machinery used for printing by means of plates, cylinders and other printing components of heading 8442 ; other printers, copying machines and facsimile machines, whether or not combined; parts and accessories thereof |
|
8444 00 |
Machines for extruding, drawing, texturing or cutting man-made textile materials: |
|
8445 |
Machines for preparing textile fibres; spinning, doubling or twisting machines and other machinery for producing textile yarns; textile reeling or winding (including weft-winding) machines and machines for preparing textile yarns for use on the machines of heading 8446 or 8447 |
|
8447 |
Knitting machines, stitch-bonding machines and machines for making gimped yarn, tulle, lace, embroidery, trimmings, braid or net and machines for tufting |
|
8448 |
Auxiliary machinery for use with machines of heading 8444 , 8445 , 8446 or 8447 (for example, dobbies, jacquards, automatic stop motions, shuttle changing mechanisms); parts and accessories suitable for use solely or principally with the machines of this heading or of heading 8444 , 8445 , 8446 or 8447 (for example, spindles and spindle flyers, card clothing, combs, extruding nipples, shuttles, healds and heald-frames, hosiery needles) |
|
8449 00 00 |
Machinery for the manufacture or finishing of felt or nonwovens in the piece or in shapes, including machinery for making felt hats; blocks for making hats |
|
8450 |
Household or laundry-type washing machines, including machines which both wash and dry: |
|
8452 |
Sewing machines, other than book-sewing machines of heading 8440 ; furniture, bases and covers specially designed for sewing machines; sewing machine needles |
|
8453 |
Machinery for preparing, tanning or working hides, skins or leather or for making or repairing footwear or other articles of hides, skins or leather, other than sewing machines |
|
8454 |
Converters, ladles, ingot moulds and casting machines, of a kind used in metallurgy or in metal foundries |
|
8455 |
Metal-rolling mills and rolls therefor |
|
8456 |
Machine tools for working any material by removal of material, by laser or other light or photon beam, ultrasonic, electrodischarge, electrochemical, electron beam, ionic-beam or plasma arc processes; water-jet cutting machines |
|
8457 |
Machining centres, unit construction machines (single station) and multi- station transfer machines, for working metal |
|
8458 |
Lathes (including turning centres) for removing metal |
|
8459 |
Machine tools (including way-type unit head machines) for drilling, boring, milling, threading or tapping by removing metal, other than lathes (including turning centres) of heading 8458 |
|
8460 |
Machine tools for deburring, sharpening, grinding, honing, lapping, polishing or otherwise finishing metal or cermets by means of grinding stones, abrasives or polishing products, other than gear cutting, gear grinding or gear finishing machines of heading 8461 |
|
8461 |
Machine tools for planing, shaping, slotting, broaching, gear cutting, gear grinding or gear finishing, sawing, cutting-off and other machine tools working by removing metal or cermets, not elsewhere specified or included |
|
8462 |
Machine tools (including presses) for working metal by forging, hammering or die-stamping; machine tools (including presses) for working metal by bending, folding, straightening, flattening, shearing, punching or notching; presses for working metal or metal carbides, not specified above |
|
8463 |
Other machine tools for working metal or cermets, without removing material |
|
8464 |
Machine tools for working stone, ceramics, concrete, asbestos-cement or like mineral materials or for cold working glass |
|
8465 |
Machine tools (including machines for nailing, stapling, glueing or otherwise assembling) for working wood, cork, bone, hard rubber, hard plastics or similar hard materials |
|
8466 |
Parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8465 , including work or tool holders, self- opening dieheads, dividing heads and other special attachments for machine tools; tool holders for any type of tool for working in the hand |
|
8467 |
Tools for working in the hand, pneumatic, hydraulic or with self- contained electric or non-electric motor |
|
8468 |
Machinery and apparatus for soldering, brazing or welding, whether or not capable of cutting, other than those of heading 8515 ; gas-operated surface tempering machines and appliances |
|
8469 00 |
Typewriters other than printers of heading 8443 ; word-processing machines |
|
8470 |
Calculating machines and pocket-size data-recording, reproducing and displaying machines with calculating functions; accounting machines, postage-franking machines, ticket-issuing machines and similar machines, incorporating a calculating device; cash registers |
|
8471 |
Automatic data-processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included |
|
8472 |
Other office machines (for example, hectograph or stencil duplicating machines, addressing machines, automatic banknote dispensers, coinsorting machines, coin-counting or -wrapping machines, pencil-sharpening machines, perforating or stapling machines) |
|
8473 |
Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 8469 to 8472 |
|
8474 |
Machinery for sorting, screening, separating, washing, crushing, grinding, mixing or kneading earth, stone, ores or other mineral substances, in solid (including powder or paste) form; machinery for agglomerating, shaping or moulding solid mineral fuels, ceramic paste, unhardened cements, plastering materials or other mineral products in powder or paste form; machines for forming foundry moulds of sand |
|
8475 |
Machines for assembling electric or electronic lamps, tubes or valves or flashbulbs, in glass envelopes; machines for manufacturing or hot working glass or glassware |
|
8476 |
Automatic goods-vending machines (for example, postage stamp, cigarette, food or beverage machines), including money-changing machines |
|
8477 |
Machinery for working rubber or plastics or for the manufacture of products from these materials, not specified or included elsewhere in this chapter |
|
8478 |
Machinery for preparing or making up tobacco, not specified or included elsewhere in this chapter |
|
8479 |
Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter |
|
8480 |
Moulding boxes for metal foundry; mould bases; moulding patterns; moulds for metal (other than ingot moulds), metal carbides, glass, mineral materials, rubber or plastics |
|
8481 |
Taps, cocks, valves and similar appliances for pipes, boiler shells, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves |
|
8482 |
Ball or roller bearings |
|
8483 |
Transmission shafts (including cam shafts and crank shafts) and cranks; bearing housings and plain shaft bearings; gears and gearing; ball or roller screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints) |
|
8484 |
Gaskets and similar joints of metal sheeting combined with other material or of two or more layers of metal; sets or assortments of gaskets and similar joints, dissimilar in composition, put up in pouches, envelopes or similar packings; mechanical seals |
|
8486 |
Machines and apparatus of a kind used solely or principally for the manufacture of semiconductor boules or wafers, semiconductor devices, electronic integrated circuits or flat panel displays; machines and apparatus specified in note 9(C) to this chapter; parts and accessories |
|
8487 |
Machinery parts, not containing electrical connectors, insulators, coils, contacts or other electrical features, not specified or included elsewhere in this chapter |
|
8501 |
Electric motors and generators (excluding generating sets) |
|
8502 |
Electric generating sets and rotary converters |
|
8503 |
Parts suitable for use solely or principally with electric motors and generators, electric generating sets or rotary converters not specified elsewhere |
|
8504 |
Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof |
|
8505 |
Electromagnets (other than for medical use); permanent magnets and articles intended to become permanent magnets after magnetisation; electromagnetic or permanent magnet chucks, clamps and similar holding devices; electromagnetic couplings, clutches and brakes; electromagnetic lifting heads; parts thereof |
|
8507 |
Electric accumulators, incl. separators therefor, whether or not square or rectangular; parts thereof (excl. spent and those of unhardened rubber or textiles) |
|
8511 |
Electrical ignition or starting equipment of a kind used for spark-ignition or compression-ignition internal combustion engines (for example, ignition magnetos, magneto-dynamos, ignition coils, sparking plugs and glow plugs, starter motors); generators (for example, dynamos, alternators) and cut-outs of a kind used in conjunction with such engines; parts thereof |
|
8514 |
Industrial or laboratory electric furnaces and ovens (including those functioning by induction or dielectric loss); other industrial or laboratory equipment for the heat treatment of materials by induction or dielectric loss; parts thereof |
|
8515 |
Electric (including electrically heated gas), laser or other light or photon beam, ultrasonic, magnetic pulse or plasma arc soldering, brazing or welding machines and apparatus, whether or not capable of cutting; electric machines and apparatus for hot spraying of metals, metal carbides or cermets; parts thereof (excl. guns for spraying hot materials) |
|
8525 |
Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders |
|
8526 |
Radar apparatus, radio navigational aid apparatus and radio remote control apparatus |
|
8527 |
Reception apparatus for radio-broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock |
|
8528 |
Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio- broadcast receivers or sound or video recording or reproducing apparatus |
|
8529 |
Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528 |
|
8530 |
Electrical signalling, safety or traffic control equipment for railways, tramways, roads, inland waterways, parking facilities, port installations or airfields; parts thereof (other than mechanical or electromechanical equipment of heading 8608 ) |
|
8531 |
Electric sound or visual signalling apparatus; parts thereof (for example, bells, sirens, indicator panels, burglar or fire alarms) (excl. those for cycles, motor vehicles and traffic signalling) |
|
8532 |
Electrical capacitators, fixed, variable or adjustable (pre-set); parts thereof |
|
8533 |
Electrical resistors (including rheostats and potentiometers), other than heating resistors; parts thereof |
|
8534 |
Printed circuits |
|
8535 |
Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, fuses, lightning arresters, voltage limiters, surge suppressors, plugs and other connectors, junction boxes), for a voltage exceeding 1 000 V (excl. control desks, cabinets, panels, etc. of heading 8537 ) |
|
8536 |
Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp holders, junction boxes), for a voltage not exceeding 1 000 V (excl. control desks, cabinets, panels, etc. of heading 8537 ) |
|
8537 |
Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of headings 8535 or 8536 , for electric control or the distribution of electricity, including those incorporating instruments or apparatus of Chapter 90, and numerical control cabinets (excl. switching apparatus for line telephony or line telegraphy or videophones) |
|
8538 |
Parts suitable for use solely or principally with the apparatus of headings 8535 , 8536 or 8537 not specified elsewhere |
|
8539 |
Electric filament or discharge lamps, including sealed beam lamp units and ultraviolet or infra-red lamps; arc lamps; parts thereof |
|
8540 |
Thermionic, cold cathode or photocathode valves and tubes (for example, vacuum or vapour or gas filled valves and tubes, mercury arc rectifying valves and tubes, cathode ray tubes, television camera tubes); parts thereof |
|
8541 |
Diodes, transistors and similar semiconductor devices; photosensitive semiconductor devices, incl. photovoltaic cells whether or not assembled in modules or made up into panels (excl. photovoltaic generators); light emitting diodes, mounted piezoelectric crystals; parts thereof |
|
8542 |
Electronic integrated circuits; parts thereof |
|
8543 |
Electrical machines and apparatus, having individual functions, not specified elsewhere in Chapter 85; parts thereof |
|
8544 |
Insulated (incl. enamelled or anodised) wire, cable (incl. coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables, made up of individually sheathed fibres, whether or not assembled with electric conductors or fitted with connectors |
|
8545 |
Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes |
|
8546 |
Electrical insulators of any material (excl. insulating fittings) |
|
8547 |
Insulating fittings for electrical machines, appliances or equipment, being fittings wholly of insulating material apart from any minor components of metal (for example, threaded sockets) incorporated during moulding solely for purposes of assembly, other than insulators of heading 8546 ; electrical conduit tubing and joints therefor, of base metal lined with insulating material |
|
8548 |
Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified elsewhere in Chapter 85 |
|
|
Confidential products under Chapter 85; goods under Chapter 85 transported by post or by parcel post (extra)/reconstituted code for statistical distribution |
|
Chapter 86 |
Railway or tramway locomotives, rolling stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electromechanical) traffic signalling equipment of all kinds |
|
8701 |
Tractors (other than tractors of heading 8709 ): |
|
8702 |
Motor vehicles for the transport of ten or more persons, including the driver: |
|
8704 |
Motor vehicles for the transport of goods: |
|
8705 |
Special purpose motor vehicles, other than those principally designed for the transport of persons or goods (for example, breakdown lorries, crane lorries, fire fighting vehicles, concrete-mixer lorries, road sweeper lorries, spraying lorries, mobile workshops, mobile radiological units): |
|
8706 00 |
Chassis fitted with engines, for the motor vehicles of headings 8701 to 8705 |
|
8709 |
Works trucks, self-propelled, not fitted with lifting or handling equipment, of the type used in factories, warehouses, dock areas or airports for short distance transport of goods; tractors of the type used on railway station platforms; parts of the foregoing vehicles |
|
8710 00 00 |
Tanks and other armoured fighting vehicles, motorised, whether or not fitted with weapons, and parts of such vehicles |
|
8716 |
Trailers and semi-trailers; other vehicles, not mechanically propelled; parts thereof |
|
Chapter 88 |
Aircraft, spacecraft, and parts thereof |
|
Chapter 89 |
Ships, boats and floating structures |
|
Chapter 98 |
Complete industrial plant |
|
7106 |
Silver (including silver plated with gold or platinum), unwrought or in semi-manufactured forms, or in powder form |
|
7107 |
Base metals clad with silver, not further worked than semi-manufactured |
|
7108 |
Gold (including gold plated with platinum), unwrought or in semi- manufactured forms, or in powder form |
|
7109 |
Base metals or silver, clad with gold, not further worked than semi- manufactured |
|
7110 |
Platinum, unwrought or in semi-manufactured forms, or in powder form |
|
7111 |
Base metals, silver or gold, clad with platinum, not further worked than semi-manufactured |
|
7112 |
Waste and scrap of precious metal or of metal clad with precious metal; other waste and scrap containing precious metal or precious-metal compounds, of a kind used principally for the recovery of precious metal |
|
9013 |
Liquid crystal devices not constituting articles provided for more specifically in other headings; lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter: |
|
9014 |
Direction finding compasses; other navigational instruments and appliances: |
|
9015 |
Surveying (including photogrammetrical surveying), hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, excluding compasses; rangefinders |
|
9025 |
Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments |
|
9026 |
Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow meters, level gauges, manometers, heat meters), excluding instruments and apparatus of heading 9014 , 9015 , 9028 or 9032 |
|
9027 |
Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes |
|
9028 |
Gas, liquid or electricity supply or production meters, including calibrating meters therefor |
|
9029 |
Revolution counters, production counters, taximeters, milometers, pedometers and the like; speed indicators and tachometers, other than those of heading 9014 or 9015 ; stroboscopes |
|
9030 |
Oscilloscopes, spectrum analysers and other instruments and apparatus for measuring or checking electrical quantities, excluding meters of heading 9028 ; instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionising radiation |
|
9031 |
Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors: |
|
9032 |
Automatic regulating or controlling instruments and apparatus |
|
9033 |
Parts and accessories (not specified or included elsewhere in this chapter) for machines, appliances, instruments or apparatus of Chapter 90 |