Council Regulation (EU) No 1386/2011 of 19 December 2011 temporarily suspending autonomous Common Customs Tariff duties on imports of certain industrial products into the Canary Islands
From 1 January 2012 to 31 December 2021, the Common Customs Tariff duties applicable to imports into the Canary Islands of capital goods for commercial or industrial use falling under the CN codes listed in Annex I shall be suspended in full.
Those goods shall be used in accordance with the relevant provisions of Regulation (EEC) No 2913/92 and of Regulation (EEC) No 2454/93 for a period of at least 24 months after the release into free circulation by economic operators located in the Canary Islands.
From 1 January 2012 to 31 December 2021, the Common Customs Tariff duties applicable to imports into the Canary Islands of raw materials, parts and components falling under the CN codes listed in Annex II and used for industrial transformation or maintenance in the Canary Islands, shall be suspended in full.
The suspension of duties referred to in Articles 1 and 2 shall be subject to end-use in accordance with Articles 21 and 82 of Regulation (EEC) No 2913/92 and to the controls provided for in Articles 291 to 300 of Regulation (EEC) No 2454/93.
1. Where the Commission has reasons to believe that the suspensions laid down in this Regulation have led to a deflection of trade for a specific product, it may adopt implementing acts, temporarily withdrawing the suspension for a period not longer than 12 months. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8.
Import duties for products for which the suspension has been temporarily withdrawn shall be secured by a guarantee, and the release of the products concerned for free circulation in the Canary Islands shall be conditional upon the provision of such guarantee.
2. When the Council decides, in accordance with the procedure laid down in the Treaty, within a 12-month period, that the suspension should definitively be withdrawn, the amounts of duties secured by guarantees shall be collected definitively.
3. If no definitive decision has been adopted within the 12-month period in accordance with paragraph 2, the securities shall be released.
The Commission shall be empowered to adopt delegated acts in accordance with Article 6 concerning amendments and technical adaptations to Annexes I and II as are required as a consequence of amendments to the Combined Nomenclature.
1. The power to adopt the delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt the delegated acts referred to in Article 5 shall be conferred on the Commission for an indeterminate period of time as from 1 January 2012.
3. The delegation of power referred to in Article 5 may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it to the Council.
5. A delegated act adopted pursuant to Article 5 shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object.
The European Parliament shall be informed of the adoption of delegated acts by the Commission, of any objection formulated to them, or of the revocation of the delegation of powers by the Council.
1. The Commission shall be assisted by the Customs Code Committee, established by Article 247a(1) of Regulation (EEC) No 2913/92. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union .
It shall apply from 1 January 2012.
Supplementary provisions
ANNEX ISupplementary provisions
ANNEX I
Capital goods for commercial or industrial use falling within CN codes
( 1 )
4011 20
8450 20
8522 90 80
9006 53 80
4011 30
8450 90
8523 21
9006 59
4011 61
8469 00 91
9007 10
4011 62
8472
8523 29 39
9007 20
4011 63
8523 29 90
9008 50
4011 69
8523 49 99
4011 92
8523 51 99
4011 93
8473
8523 59 99
4011 94
8523 80 99
4011 99
8501
8525 50
9010 10
5608
8525 80 11
9010 50
6403 40
8525 80 19
9011
6403 51 05
8526
6403 59 05
6403 91 05
6403 99 05
9012
8415
9030 10
8701
9030 31
9030 33
8702
9106
8704 21 31
9107
8418 30 80
8704 21 39
9207
8418 40 80
8704 21 91
8418 50
8704 21 99
9506 91 90
8418 61
8704 22
9507 10
8418 69
8704 23
9507 20 90
8418 91
8704 31 31
9507 30
8418 99
8704 31 39
8427
8704 31 91
8431 20
8704 31 99
8443 31
8704 32
8443 32
8518 40 30
8704 90
8443 39 10
8443 39 39
8518 90
8705
8519 20
9006 10
8450 11 90
8519 81 51
8450 12
8521 10 95
9006 30
8450 19
8522 90 49
9006 52
( 1 ) As defined in Commission Implementing Regulation (EU) No 1006/2011 of 27 September 2011 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff ( OJ L 282, 28.10.2011, p. 1 ).
ANNEX IISupplementary provisions
ANNEX II
Raw materials, parts and components used for agricultural purposes, industrial transformation or maintenance falling within CN codes
( 1 )
3901
5501
3902 10
5502
3903 11
5503
8706
3904 10
5504
8707
3906 10
5505
8708
4407 21
8714
5506
4407 22
5507
5108
5508 10 10
4407 25
5110
5508 20 10
5111
5509
5510
4407 26
5512
5513
5514
9002 90
4407 29
5515
9006 91
5516
9007 91
6001
9007 92
6002
9008 90
5112
9010 90
6217 90
9104
4407 99
6305
9108
4410
9109
4412
5205
5208
9110
5209
5210
5212
6309
5401 10 12
6406
5401 10 14
7601
9111
5401 20 10
9112
5402
8529 10 80
9114
5403
8529 10 95
5404 11
8529 90
5404 90
5407
5408
( 1 ) As defined in Commission Implementing Regulation (EU) No 1006/2011 of 27 September 2011 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff ( OJ L 282, 28.10.2011, p. 1 ).
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.