Council Decision (EU) 2019/664 of 15 April 2019 amending Decision No 940/2014/EU as regards products eligible for exemption from or a reduction in dock dues

Council Decision (EU) 2019/664 of 15 April 2019 amending Decision No 940/2014/EU as regards products eligible for exemption from or a reduction in dock dues THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 349 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Parliament Opinion of 27 March 2019 (not yet published in the Official Journal). , Acting in accordance with a special legislative procedure, Whereas: (1) Council Decision No 940/2014/EU Council Decision No 940/2014/EU of 17 December 2014 concerning the dock dues in the French outermost regions (OJ L 367, 23.12.2014, p. 1). authorises the French authorities to apply exemptions or reductions to dock dues for products produced locally in the French overseas departments and listed in the Annex to that Decision. The maximum authorised tax differential is, depending on the products and the overseas department in question, 10, 20 or 30 percentage points. (2) Pursuant to Decision No 940/2014/EU, on 12 February 2018 the French authorities presented to the Commission a report on the application of the tax arrangements provided for in that Decision. Specific evaluation reports for each of the French outermost regions accompanied by requests to adapt the list of products eligible for differentiated taxation were sent on 15 March 2018 for French Guiana, Martinique and Guadeloupe, on 4 June 2018 for Réunion and, without a request to adapt the list, on 28 August 2018 for Mayotte. An additional request for the inclusion of a new product on the list was made for French Guiana on 26 October 2018. (3) On the basis of the report presented on 12 February 2018 by the French authorities, the Commission presented to the Council the report as provided for in Decision No 940/2014/EU and a proposal for amendments to that Decision. Those proposed amendments concern Martinique, Guadeloupe, French Guiana and Réunion, and consist of the inclusion of new products on the list and of an increase, for certain products, of the authorised differential. (4) In the case of French Guiana, the Combined Nomenclature codes should be updated in the Annex to Decision No 940/2014/EU. (5) The adaptation of the lists is justified in each case in view of the additional costs of locally produced products compared with equivalent imported products produced in the Union. (6) The adaptations that should be made are mostly to be entered on the lists in the Annex to Decision No 940/2014/EU for products which were already produced locally in 2014 and for which no application for inclusion on lists had been submitted in 2014. (7) In French Guiana the products concerned are cement (product 25232900) and wooden furniture (products 940330, 94035000, 940360 and 94039030). (8) In Martinique the products concerned are some plastic pellets (product 39076100) and cold rooms (product 84186900).

(9) In Guadeloupe the products concerned are some meats (product 02101219), some sauces (product 21039090), denatured ethyl alcohol (product 22072000), some fertilisers (products 2833, 2834 and 2836), some cosmetics (products 33030090 and 33049900), some cooling liquids (product 38200000) and paper and paperboard boxes and cases (product 48191000). (10) In Réunion the products concerned are some printed products (product 491199), some hygiene products (products 48182010 and 48182091), some spare parts for vehicles (products 85114000, 85115000 and 85119000), some ventilation ducts and their accessories (products 73063080, 73066192 and 73079980), solar water heaters (product 84199085), some fertilisers (product 31021090) and some tomato purées (product 20029011). (11) In the agricultural sector, requests for inclusion or reclassification on lists are motivated by the need for local producers to diversify their production in order better to cope with the vagaries of the weather. The products which should be entered on the lists in the Annex to Decision No 940/2014/EU for Martinique are certain vegetables (products 07093000, 07094000, 07099390 and 0714) and avocados (product 08044000), for Guadeloupe pineapples (product 080430) and peppers (product 09042200) and for Réunion onions (product 07031019) and garlic (product 07032000). In addition, for Martinique, some vegetables (product 0706), some peppers (product 070960), pineapples (product 080430) and citrus fruits (product 0805) should be reclassified on list B. (12) For certain products already entered on the lists in the Annex to Decision No 940/2014/EU the maximum differential concerned should either be extended to subheadings of the Combined Nomenclature to which it does not apply at present, or increased. (13) In Martinique yoghurts (product 040310) and some plastic construction products (product 3925) should be reclassified from list B to list C, while frozen vegetables (product 0710), prefabricated buildings (product 9406), some items of jewellery (products 7113 and 7117) and solar water heaters (product 841919) should be reclassified from list A to list B. (14) In Guadeloupe, all prepared or preserved meat (product 1602) and not just products under heading 16024110, all prepared or preserved fish (product 160420) and not just prepared or preserved salmon (product 16042010) and, with regard to fertilisers, products under headings 3102, 3103, 3104 and 3105, and not just subheadings 310290, 310390, 310420 and 310520, should be entered on list B. Yoghurts (product 040310), some non-alcoholic beverages (products 22021000 and 22029919) and some building materials (products 39251000 and 39259080) should also be reclassified from list B to list C. (15) In the agri-food industry in Réunion, sugar (product 1701), canned tomatoes (product 200210) and some coatings (product 32141090) should be reclassified from list A to list C, some canned dried vegetables (products 20055100 and 20059980), some paints (products 3208 and 3209), polyethylene films and bags (products 392010 and 392321), and some boxes and cartons (product 48192000) should be reclassified from list B to list C, and some fruit purées (product 20079950) should be reclassified from list A to list B.

(16) In Martinique, an error concerning the tariff heading entered on the list in the Annex to Decision No 940/2014/EU should be corrected and heading 220429 should be replaced by heading 220421. (17) Products for which local production did not exist in 2014 but for which it has since started or for which there are specific plans to commence operations in the near future should be entered on the lists of products eligible for differentiated taxation. In French Guiana, the products in question are derived from screen printing activities such as printed jackets (product 61103091), printed baby accessories (product 61112090), printed raincoats (product 62011900), printed dresses (product 62044200), printed household linen (product 63029100), printed caps (product 65050030), printed mugs (product 691200) and energy wood (product 44011200). In Guadeloupe, the products concerned are some beers (product 2203), some waters not containing sugar (product 22011090) and some filtering or purifying machinery (product 84212100). In Réunion, the products in question are certain hygiene products (product 48189010). (18) Decision No 940/2014/EU should therefore be amended accordingly, HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision No 940/2014/EU is amended in accordance with the Annex to this Decision.

Article 2

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

Article 3

This Decision is addressed to the French Republic. Done at Luxembourg, 15 April 2019. For the Council The President P. Daea

Annex

ANNEX The Annex to Decision No 940/2014/EU is amended as follows:

1. Part A is amended as follows: (a) the following products are inserted in point 1: 09042200, 21039090, 22072000, 38200000, 48191000; (b) product 25232900 is inserted in point 2; (c) point 3 is amended as follows: (i) the following products are inserted: 07093000, 07094000, 07099390, 08044000, 0714, 84186900; (ii) the following products are deleted: 0706, 070960, 080430, 0805, 0710, 7113, 7117, 841919, 9406; (d) point 5 is amended as follows: (i) the following products are inserted: 31021090, 85114000, 85115000, 85119000; (ii) the following products are deleted: 1701, 200210, 20079950, 32141090;
2. Part B is amended as follows: (a) point 1 is amended as follows: (i) the following products are inserted: 02101219, 080430, 16 02, 160420, 22011090, 2833, 2834, 2836, 3102, 3103, 3104, 3105, 33030090, 33049900; (ii) the following products are deleted: 040310, 16024110, 16042010, 22021000, 310290, 310390, 310420, 310520, 39251000, 39259080; (b) point 2 is amended as follows: (i) the following products are inserted: 030359, 03053100, 03054490, 03055200, 03055390, 03055490, 03055985, 03056400, 44189100, 441899, 61103091, 61112090, 62011900, 62044200, 63029100, 65050030, 691200, 940330, 94035000, 940360, 94039030; (ii) the following product is deleted: 03055980; (c) point 3 is amended as follows: (i) the following products are inserted: 39076100, 0706, 070960, 0710, 080430, 0805, 7113, 7117, 841919, 9406;

(ii) the following products are deleted: 040310, 3925; (d) point 5 is amended as follows: (i) the following products are inserted: 07031019, 07032000, 20029011, 20079950, 491199, 48182010, 48182091, 48189010, 73063080, 73066192, 73079980, 84199085; (ii) the following products are deleted: 20055100, 20059980, 3208, 3209, 392010, 392321, 48192000; 3. Part C is amended as follows: (a) the following products are inserted in point 1: 2203, 84212100, 040310, 22021000, 22029919, 39251000, 39259080; (b) point 2 is amended as follows: (i) the following products are inserted: 44011200, 94069010, 94061000, 94069038; (ii) the following products are deleted: 94060011, 94060020, 94060038; (c) point 3 is amended as follows: (i) the following products are inserted: 040310, 3925, 220421; (ii) the following product is deleted: 220429; (d) the following products are inserted in point 5: 1701, 200210, 20055100, 20059980, 3208, 3209, 32141090, 392010, 392321, 48192000.