COUNCIL REGULATION (EU) No 1232/2012
of 17 December 2012
amending Regulation (EU) No 1344/2011 suspending the autonomous Common Customs Tariff duties on certain agricultural, fishery and industrial products
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
It is in the interest of the Union to suspend totally the autonomous Common Customs Tariff duties on certain new products which are not currently listed in the Annex to Council Regulation (EU) No 1344/2011 (1).
(2)
It is no longer in the interest of the Union to maintain the suspension of autonomous Common Customs Tariff duties for 39 of the products which are currently listed in the Annex to Regulation (EU) No 1344/2011. Accordingly those products should be deleted.
(3)
It is necessary to modify the product description of 56 suspensions in the Annex to Regulation (EU) No 1344/2011 in order to take account of technical product developments and economic trends on the market as well as linguistic adaptations. Moreover, TARIC codes for four products should be changed. In addition, double classification is considered necessary for three products, whereas for two products multiple classification is no longer necessary.
(4)
Those suspensions for which technical modifications are necessary should be deleted from the list of suspensions in the Annex to Regulation (EU) No 1344/2011 and should be reinserted in that list with new product descriptions or new CN or TARIC codes.
(5)
A number of products were reviewed by the Commission in accordance with Article 2(2) and (3) of Regulation (EU) No 1344/2011. It is in the interest of the Union to provide for a new mandatory review of those products. The reviewed suspensions should therefore be deleted from the list of suspensions set out in the Annex to Regulation (EU) No 1344/2011 and reinserted in that list with new time limits for a mandatory review.
(6)
In view of their temporary nature, the suspensions listed in Annex I to this Regulation should be reviewed systematically, five years after their application or renewal. Moreover, closure of certain suspensions should be warranted at any time, following a proposal of the Commission on the basis of a review carried out on initiative of the Commission or at the request of one or more Member States, on the grounds that the suspensions are no longer in the Union’s interest to be maintained, or due to technical product developments, changed circumstances or economic trends on the market.
(7)
Since it is necessary that the suspensions laid down in this Regulation take effect from 1 January 2013, this Regulation should apply from the same date and enter into force immediately upon its publication in the Official Journal of the European Union,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EU) No 1344/2011 is hereby amended as follows:
(1)
the rows for the products listed in Annex I to this Regulation are inserted;
(2)
the rows for the products for which the CN and TARIC codes are set out in Annex II to this Regulation are deleted.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 December 2012.